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10-09-1967 - Regular Meeting - Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, CITY OF WEST COVINA, CALIFORNIA OCTO BER 9, 1967. The regular meeting of the City Council was call -ad to order by Mayor Krieger at 7:35 p.m., in the West Covina City Hall. Councilman Nichols led the Pledge of Allegiance. The invocation was. given b-.- Reverend Father William S. Bramble of St. Christopher's Church. ROLL CALL Present: Mayor Krieger, Councilmen Gillum Nicho s, Gleckman. Councilman. Snyder (arrived at 80t0 p.m. Also Present:. George Aiassa., City Manager. Herman.R. Fast Public Service Director Owen Menard, Panning Director Le1a.Preston, City Clerk Harry Williams, City Attorney Ray Windsor, Administrative Assistant Donald Russell, Administrative Assistant APPROVAL OF MINUTES September 18, 1967 ® Approved as presented. Motion by Councilman Gleckman, seconder d by Councilman Gillum, and carried, that the minutes of September 18, 1967, be approved as. • presented. September 25, 1967 ® Approved as corrected. Mayor Krieger: On Page 14 the name Bernard Bergman should be "Bregman.". Motion by Councilman Gleckman, seconded by Co.uncAlman Gillum,.and carried, that the minutes of September 25, 1967, be approved as corrected. CITY CLERK'S REPORTS PRECISE PLAN 514 (R) LOCATION: East Side of Vincent AvenueTR STREET IMPROVEMENTS south of Walnut Creek, -'Channel. GILDNER AND SHANKS Motion by Co-uncilman Gleckman, seconded by Councilman Gillum, and carried, that council accept street improvements m Precise Plan 514 (R), and authorize the release of United States Fidelity and Guaranty Company performance bond No. 14395 in the amount of #6,700. RESOLUTION NO. 3678_ The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF. Mayor Krieger: Hearing no objection, waive --further reading of the body of said resolution. Motion by Councilman-Gleckman, Council adopt said resolution. follows: AYES: Councilmen Gillum, NOES: None ABSENT: Councilman Snyder seconded by Councilman Gillum, -that the Motion carried on roll call vote -as Nichols, Gleckman, Mayor Krieger = 0 C. Co 10-9-67 Page Two CITY CLERK'S REPORTS m Continued PROJECT TS-6407-4 LOCATION: Amar Road and Azusa Avenue TRAFFIC SIGNAL MODIFICATION IMPROVEMENT STEINY AND MITCHEL:: Motion. by Councilman__ aim, .��a.ee.d by .-Councilman_. G1e.akman..,_ ,and .. carried, that Council acceppt traffic signal modification improvement - Project TS-6407-4, and authorize the release of General Insurance Company of America.performance bond No. 583448 in the amount of $5,0350 LOS ANGELES COUNTY FLOOD CONTROL LOCATION: Azusa Avenue from Walnut. DISTRICT PROJECT 8402,._UNIT 2 - Creek Parkway to South AGREEMENT FOR DELETION OF WORK Garvey Avenue, FROM PROJECT Motion by Councilman Gleckman, seconded by Councilman Nichols, that the Council approve the agreement compensating the City for certain permanent resurfacing.deleted from the storm drain project 840.2,-.unit 2, and authorize the Mayor..and City Clerk to execute the agreement. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: None ABSENT: Councilman Snyder PROJECT SP-6618-1 LOCATION: Merced Avenue and Wilson Drive. PLANS AND SPECIFICATIONS STORM DRAIN (CATCH BASIN) IMPROVEMENT Motion by Councilman.G.leckman, seconded by Councilman Gillum, and carried, that t e City Council apgove laps and specifications for City Project SP-661 -1 and authorize he Ci y Engineer to call for bids. PROJECT SP-67012 LOCATION: Northwesterly corner of Merced MERCED AND EVANWOOD AVENUES and Evanwood Avenues, 1911 ACT (SHORT FORM) Mayor Krieger: We have a report dated October 5, 1967, are there que.stionr...011..this report? in certain res _ects from the earliehave a question- ® this report differs earlier lave which was received a week ago -anal .in par icular with reference to. the execution of a --quit- claim deed to an improper easement. Could someone on the staff explain that to me? Mr. Fast, Public Service The City did receive a deed from one of Director the property owners that was improperly performed and was in favor of a street and highway.purpose and we wished to quit claim it so that there would be no question in regard to the city's position in regard to that deed, Mayor Krieger: When was this deed -received?. . Mr. Fast, Public Service Perhaps a year or two ago m I am not Director familiar with the exact date. It was a deed the owner -.said had .been lost and it had never been recorded, however in order to establish the City's position in regard to that deed the staff recommended we quit claim it, Mayor Krieger: Mr, Fast, Public Service Director But_the original -.deed was.never recorded? That is my understanding, ® 2 C. C. -10®9-67 Page Three CITY CLERK'.S REPORTS - Continued PROTECT -SP-67012 Lela Preston, City Clerk: We_ da_d nn_ss..- .resolution .and_ it was_ recorded with the improper date. Now in -order to -get rid of it we are quit claiming it. Mr. Fast, Public Service Director: I guess I didn't make mys.elf.clear. We want the one with the proper date recorded which is action #2. Mayor Krieger: Yes. - but is action. "A" a quit claim deed for a previously improper dated easement or a previously improper easement? Mr. Fast, Public Service Director: Improperly dated easement. There is some question as to a lost deed the owner brought it forward and it was dated beyond the date the action originally occurred, as I under- stand it. Mayor Krieger: Was this coordinated with the City Attorney's office as to the procedure that would be followed? Mr. Fast, Public Service.Director: So far as the quit claiming and acceptance of the new deed, it was - the old deed. but -the City Attorney never did see Mr. Williams, City Attorney: Ordinarily if the original grant was to the City you must vacate rather than only quit claim, and I don't know if any check has been.ma.de with the.. Title Company if this sufficient. If it is not sufficient we can still later vacate. So my only comment would be that, it is conceivable that we would have to vacate as well as quit claim. Mayor Krieger: We have always had certain reservations having to do with utilities, in case the utilities established any uses on those properties. Mr. Williams, City Attorney: As I understand it Mr. Mayor, we will immediately after this action is taken receive anothar deed to the City which will .give us what we should have had in the first place. Mayor Krieger: But in the intervening time I am wondering what has been happening, if Has it been utilized at all? anything, on the improper easement. Mr. Williams, City Attorney: It has been recorded. • Mayor Krieger: I think it would be proper for the staff to check into- this further. Mr. Williams, City Attorney: I don't- _think.- .it. will- cause us..a problem... I don't and rstand .... I haven't seen the map chart. -Map _chart -given to _Mr. Williams If the new deed overlays the old one there isn't any problem. It simply was an improper date or improper execution. Mr. Fast, Public Service Director: The legal descriptions are identical. Mr. Williams, City Attorney: Since the legal descriptions are identical there is nothing to vacate and I think this procedure will serve. It simply 3 C> Co 10-9-67 Page Four CITY CLERK'S.REPORTS - Continued PROJECT SP-67012 nullifies the old deed and puts the new one in place of it. . Mayor Krieger Alright, Are there farther:questions on the report? Then let's take Item A Eng,ine.er ° s report. which is to review and accept the n LJ So. moved by Councilman Gillum, seconded by Councilman Gleckman, and carried. All were in favor. Councilman Snyder absent, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the City Council approve plans and specifications for street improvements - Project SP-67012, and authorize the City Engineer to call for bids. RESOLUTION NO. 3679 The City Clerk presentedo "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA9 ,AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED," Mayor Krieger: Hearing n b ections waive further reading o h body o± said resolution. Motion by Councilma.n.G.l.eckman, seconded by Councilman Gillum, that the Cit Council approve the adoption of said resolution. Motion carried on rod. call as follows: AYES: Councilmen NOES: None ABSENT: Councilman RESOLUTION NO. 3680 DANIE,L W. DAVIES AND CARYL DAVIES ADOPTED Mayor Krieger: Gillum,. Nichols,, Gleckma.n, Mayor Krieger Snyder The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE JITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." Hearing no objections,, waive further reading of the body of said resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum.4 that the City Council adopt said resolution accepting grant of easement from Daniel W. Davies and Caryl Davies for street and highway purposes to be known as Evanwood Avenue. Motion carried on roll call as follows: AYES: Councilmen Gillum, NOES: None ABSENT: Councilman Snyder RESOLUTION NO, 3681 JOSEPH To DAVIES AND LORA A. DAVIES . ADOPTED Mayor Krieger: Nichols, Gleckman, Mayor Krieger The City Clerk presented- " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." Hearing no objections, waive further reading of 'the body of said resolution, Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council adopt said resolution accepting grant of easement from Joseph T. Davies and Lora A Davies for street and highway purposes to be known as Evanwood Avenue. Motion carried on roll call as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: None ABSENT: Councilman Snyder C, Co lOm9®67 Page Five CITY CLERK'S REPORTS - Continued RESOLUTION NO. 3682 The City.Clerk presented: THOMAS Re VIOLA and GERALDINE A. VIOLA "A RESOLITION OF THE CITY COU.NCIL`-07T.Hk CITY OF WEST`' ADOPTED COVINA"ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." Mayor Krieger: Hearing no objections, waive further reading of the body of said resolutions Motion by. G,o.uncilmen _Gillum, _se.conded by Councilman. Gleckman, .that the City Council accept -grant of easement from Thoma-s.Ro. Viola .and Geraldine A. Viola for street -and highway purposes to be known as Merced Avenue and Evanwpad Avenue; Motion carried:. on_ -roll call as- fo:llows.: AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: None ABSENT: Councilman Snyder RESOLUTION NO. 3683 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF -THE ADOPTED CITY OF WEST COVINA DEDICATING CERTAIN CITY OWNED PROPERTY TO PUBLIC STREET PURPOSES -AND ACCEPTING SAME AS A PUBLIC STREET." Mayor Krieger- Hearing.no objections, waive further reading of the body of said resolution. Motion by Councilman Gillum, seconded by Councilman Gleckman, that said resolution opening a portion of 1' lot No. 29 for street and highway p= oses to be known as Evanwood Avenue, be adopted by the City Council, Motion carried on roll call as follows. - AYES: Councilmen Gillum.,. Nichols, Gleckman, Mayor Krieger -NOES. None ABSENT: Councilman Snyder RESOLUTION NOo.3684 The City Clerk presented:. ",A RESOLUTION OF THE CITY COUNCIL `02' THE ADOPTED CITY -.OF: -WF.,ST CO.VINA DIRECTING-- THF, ZTHEET S_UPZR1NT.ENDEN.T..1Q..GI�E NO_T-ICE..TO.- CONSTRUC3'. 'GURB 9 -GUTTERS AND -STREET IMPROVEMENTS PURSUANT TO SECTION'S 3,870 4T SEQ OF THE -STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA ON EVANWOOD AVENUE BETWEEN MERCED AVENUE AND 356.80' NORTHERLY." Mayor .Krieger: Hearing no objections, waive furt�rer reading, of the body .o.f said resolution. Mat_ion by Co.unc.ilman. Gillum,_ seconded by Councilman Gleckman, that the City Council adopt said resolution directing the Street Superintendent .tojive notice to construct in accordance with 1911 ACT SHORT FORM.. Moon carried.on roll call as follows: AYES: Councilmen NOES: None ABSENT: Councilman Gillum, Nichols9 Gleckman, Mayor Krieger Snyder 5 C, Co lom9-67 Page Six PLANNING COMMISSION REVIEW ACTION OF OCTOBER 41126Z o Mr.Menard, Planning Director presented the formal action of the Planning Commission with reference to Amendment No. 80, City Initiated (used car facility) and Amendment No. 839.City Initiated (precise plans) hearing October 239 • 1967, and Resolution No. 1987. Mayor Krieger-, Item I, Amendment No. 80 will be a hearing item scheduled on October 239 same with - respect to 'Amiendment No. 83 regarding development standards? (Mr. --Renard answered "Yes") How about `.this item having to do with the sketch plan? Mr. Menard, Planning Directors This was recommended for approval by the Planning Commission to the City Council. This is not a hearing item, but it will need ratification by the City Council if you anticipate forwarding it on to the consultants.. Mayor Krieger.- Council discussion is in order with reference to Planning Comission Resolution No. 1987 relative to the sketch plan. Councilman Gillum: I am sure you can see from the information supplied that each member of the sub- committee that served on the Blue -Ribbon Committee on the General Plan have -made their comments,as requested by Mr. Menard,'on their feelings. From the discussion last Wednesday night • at the Planning Commission meeting the Commission was in general agree- ment with everything except the areas shown by their Resolution. As the Resolution states, they feel whatever has taken place so far is proper but should have some flexibility for the Huntington Beach Freeway. I think you will find this basically throughout the memo from the sub- committee chairmen of the Blue Ribbon Committee. I would recommend that council support the res-olution by the Planning Commission. Councilman Gleckman.: When will we get the minutes of that meeting, Mr. Renard? Mr. Menard, Planning Director: They have been edited and are being typed right now. Mayor Kr.ie.ger: If tom, council desires, a ..motion would be in order on this resolution. Motion by Councilman Gillum, seconded by Councilman Gleckman, that the City Council accept Resolution No. 1987 pertaining to the sketch -plan as .submitted by Williams, Cook and Mocine, with the exceptions noted by the Planning Commission in their Resolution,* and that the planning consult- ants be notified so they may continue their studies based on the submitted sketch plan. Motion carried. All in favor. Councilman Snyder absent4 RECREATION AND PARKS COMMISSION tea. • REVIEW ACTION OF SEPTEMBER 26. 1967. Mayor Krieger: Items.3 and 4 seem to require prospective council action having to Mountain Work Shop. do with the Youth Center and the Councilman Gleckman: They have an allocation of money here? 0. C. 10-2-67 Page Seven RECREATION AND PARKS COMMISSION m Continued Mayor Kriegero Yes - on the Youth Center folding partitions. Councilman Gillum; Mr. Aiassa m do you have any idea o the surplus funds account 149-Z, is that that in the budget or is this from the account was set submission of charge and fee? Mr. Aiassa, City Managers. Charge and Fee. Councilman Gillum.- Basically the major part of this is coming out of funds from the Teen Kan.Teen itself. Mr. Aiassa, City Manager.- Actually this.was the original plan that we had m we deleted some to out the price a bit. Councilman Gleckman: Did they put these to bid, Mr. Aiassa? Mr. Aiassa, City Manager: Yes but not formal bids because it is under #2500. Just informal. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council authorize installation of folding wall partitions for the community Youth Center as proposed under City Project 00 6516©3, and that funds in an amount not to exceed $300. from account 862-61 and 0950. from account 149-Z be apuroved for completion of 'the work. Motion carried on roll call • as follows.- AYES.- Councilmen Gillum, NOES.- None ABSENT: Councilman. Snyder Mayor Krieger: Nichols, Gleckman, Mayor Krieger The item on Mountain Work Shop, October 23 to 24 would also require council authorization. Motion by Councilman Gillum, seconded by Councilman Gleckman, that the City Council authorize one member of the Recreation and Parks Commission to attend the California and Park Society Work -Shop at Lake Arrowhead, University of California Conference Center on October 23 © 24/1967, and funds in the amount of $20. be authorized from the account of 744..3m49 for this purpose.. Motion carried on roll call as follows.- AYESs. Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: None ABSENT: Councilman Snyder Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council receive and file Recreation and Parks Commission action of September 26, 1967. • PERSONNEL, BOARD REVIEW MINUTES OF SEPTEMBER 261967 Councilman Gleckman: I would like to inform the council that the calendar their have attached to the report was jus to inform the council when the Fire Department gets up before council, and they talk about a work week this calendar shows they have three different shifts signified by three different colors and that is what signifies a work week. 7 C. C„ 10-9-67 Page Eight PERSONNEL BOARD 4 Continued Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried that the minutes dated September 26, 19679 be received and filed. RESOLUTION NO. 3685 The City Attorney presented-,. JUNIOR PLANNER "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE 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 Krieger-, Hearing no objections, waive further reading of the body of said resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council adopt said resolutie-no Motion carded on roll call vote as follows; AYES-, Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOW -, None ABSENT-, Councilman Snyder SCHEDULED MATTERS HEARINGS ZONE CHANGE NO. 381 LOCATION- 2025, 2029, 2031 West Garvey MR. & MRS. BERNARD MAZELSKY Avewle: bstween Sunkist and Cameron Avenue. Request to reclassify from Zone 0-1 to I-P approved by Planning Commission Resolution No. 1978. Mayor Krieger-, Do you have the affidavits of publication and mailing, Mrs. Preston? Lela Preston, City Clerk-, Yes,Mr. Mayor. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the City Council receive and file the affidavits of publication and mailing. At the request of Mayor Krieger, Mr.. Menard., Planning Director, read the Planning Commissien.resol,ution No. 1978 pertaining to the zone change-, presented a map of the land use pattern and explained the property in question. M ror Krieger-, That is the Resolution in full, Mr. Menard? 0 Mr.: Menard9 Planning Director- Yes it is, MAYOR KRIEGER ADVISED THAT THIS WAS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 381. 8 Ce C. 10-9-67 Page Dine HEARINGS - ZONE CHANGE NO. 381 4 Continued IN PASTOR Jackson Walters I am representing Mr. & Mrs. Bernard 3104 E. Garvey Av-enue Mazelsky on this matter. They are here West Covina this evening should anyone on the . Council or anyone here wish to direct any questions to them regarding what they propose within this request for a zone change. The matter has been very clearly submitted to the council, gone over very thoroughly by the Planning Commission, and very little objection 'brought up to it. Personally I look forward to this sort of use. I know that there have been a lot of requests and discussion for I®P zoning within the City. I was interested to see that the Planning Commission of West Covina deemed to recognize the need in recommending that this zone change be approved. There are other matters concerning the zone change as far as the variance is concerned and we won't cover that now, but which I think is pertinent to some of the people that may have questions and we will be glad try answer if we can. IN OPPOSITION Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that there being no further public testimony that the hearing on Zone Change 381 be closed. MAYOR-KRIEGER STATED THE PUBLIC PORTION OF THE BEARING IS CLOSED, COUNCIL • DISCUSSION IS IN ORDER. Councilman Gillum- I would like to state that during the Planning Commission hearing on the I-P versus C-I, I find in comparing the two the I-P is much more restrictive than C-I and I was quite surprised. In delving into all these z.es - there was some opposition to the request to change the zone and possibly after realizing that the City 4ad more restriction on I-P than they do on commereial they probably realized it was possibly better I-P than C-I. Councilman Nichols- Mr. Mayor, m I have one area of concern which involves more the matter of council policy as well as the matter of the precedent that will be established if this zone change is approved at this time. We have in the past rece .7pd- °r°eauestq for s oning involving a significant departure from P.reylu. -zun ng Pa-c ierxw .in the pp." -..: oa .area and In recent -6imes, one or -more of those requests, have been deferred _by this council with -the reasoning given, in part anyway, that the City :was currently embarking on a massive General Plan revision and that to grant such zoning of the nature being requeste , -might be a pr pri to uilder more ef,n,t,ve results from the studies. I am th nk ng_`n particular o the request for car wash zoning on North.Azus.a Avenue-. We have before us a request that in itself involves only a relatively small parcel of land, I believe 8/10ths of an acre, yet by the nature of the zoning I think we will be establishing a precedent which will, bind this council to move in that direction. If it is the wish of the council to move in that direction., Irrespective of the General Plan or for the recommendations, that is one • thing9 but if the council would like to determine what our General Plan study recommendations are I would think then that the granting of this zoning at this time would be premature. as a result of this application r v gus ha dstama a a a land use study of this area and this is my other area of concern. It would be..my own opinion, with no malice in -my comments, that staff -has moved into a policy area and embarked upon a study wit,hout informing m94 Co C. 10-9-67 Page Ten HEARINGS - ZONE CHANGE No. 381 - Continued the council of its intent and has completed a preliminary report of that study at the very time the General Plan isAn mracess of revision. I would think it would be more appropria-t*,Af the staff had communicated with the council as to the desirability of the land use study at this time, rather than,to proceed to accomplish it and present the council with its findings and recommendation which could only be interpretated as supporting. the -applicant in its present request. I wonder, if in light of this if this was axactly an appropriate action for staff to take at this time, in this climate that is relative to the current study of the General Plano Finally, and in conclusion, I would personally feel that the proposals that are being made that I might as a councilman and a citizen live with quite readily, I am not denying at all the merits of the proposal or quarrelling with the opinions of the staff, but only the course of action as to how it was launched and when it was launched. I feel that the council should weigh all -aspects of this proposal before considering it to the point of a vote. Mayor Krieger: Mr. Aiassa, do you wish to make some response as to the origin of this ' it came about? specific item of land use -study or how Mr. Aiassa, City Manager: I have talked with the Planning Director and I think Mr. Menard can enlighten -the council on this point. Mr. Menard, Planning Director: The Planning staff_when they first made their windshield survey, which is typical of all zone cases, on thin particular item ascertained immediately there were some problems ap:a very mixed land use and as indicated.An the Planning Commission resolution. In certain areas - pockets of rapidly declining resider tial areas and we therefore decided in order to logically determine botb at the Planning Commission level and the City Council the best' . information possible In order to make a determination on , the zone change that it would be to everybody's advantage to have an additional in -put of information and knowledge, so therefore we did launch forward into an expanded land use study. In particular and for another reason because it is a departure from the existing zone that presently prevails on the land, the report was submitted to the Planning Commission with the request by the staff that they analyze the report and if in agreement with it, adopt it as a short term plan for rather small acreage as aguide for the Planning Commission , and then pass it on to the City Council, The Planning Commission decided to wait for the.disposition of the zone change at City Council level before taking any. acrtion .on the land- ..us-e study itself. .The land use study was forwarded to the council with the zone chang, purely as an.informational item.s.o that might- -have- theL. benefit-. of ha more. expanded- land, use analysis, traffic analysis and street analysis, than was forthcoming in the typical staff report. This is the reason it was in your package. Councilman Nichols: Mr. Mayor, I don't think.thts at all explains. or provide.a.an.-pne er to the basic question I have raised. I accept the ultimate need for information of this nature but the point I am raising is that I would.question in all sin-aerelty whether when the City is in the middle of a General Plan revi's1an study and when an applicant has.made an application for a zone use which -substantially and specifically departs from the type of land use in that entire portion of tUe CtLcWhether �r_4ot.. am enegiye st ffns ja City _s juds for the- " enefi..t off. the.. Co il and P aning omm ss on act appropriate w hout direction from this body at this time that the council wishes to move into an area of furnishing an industrial park on the north side of �acv-ey Boulevard In the City. That is my only question. C. C. 10�9-67 Page Eleven HEARINGS - ZONE CHANGE NO, 381 Continued Councilman Gleckmans Mr.. Mayor o not to minimize Mr. Nichols' remarks, but I had an opposite reaction to this particular zoning than Mr. Nichols did. First of all, I feel that our Planning Department should come forward at anytime with any type of suggestions regardless of whether a General Plan study is going on, regardless of what is happening in the City. I think we have sat 'back too long and unless this part'�cular body on this council would so direct we may never get anything accomplished. I don't go along with this thinking. I think the application for zoning here just triggered off some of the things we have been lacking in the past, with all due respect to staff, and that is some creative thinking -and planning and taking a long hard look with what we have to live with in the City and not what we might have if there was nothing there. I think that the Planning Commission which is supposedly our sounding body to these ideas, if they felt the staff at that particular time was stepping out of line, since they are the panes primarily right now involved with the General Plan and not the City Council, that they at that -time might have said to the applicant or the Planning Department o at this particular time we would not like to take any action,we would like to have a study made by "the General Plan people, etc., but since they saw fit to act on this particular zoning case and to recommend it to 'this City Council,, I would also like to commend the Commission for taking a look at a useage and a zone here that we -have an application for that we can readily use in the City of West Covina.. Since there was no opposition within the particular radia can this application and since the useage proposed in this area, according to the staff, is conducive to this area, I find nothing wrong in the proposal or the way it was presented to this Council. • I want to say that I would have made these remarks prior to Councilman Nichols remarks and in no way do I want to minimize his opinion., but my particular opinion is the direct opposite and I would like to go on record as saying that I am very happy to see someone come forward in this City and apply for something that they want and they could use in a particular area that may not be outlined in our General Plan and let the concerned bodies and staff act thereupon. I think had we had this type of procedure being done in the City by other applicants throxighout.the_ City that we would be moving a lot faster forward in the direction in which we want to go and.I find nothing wrong with this application. Councilman Gillumo I support Mr. Gleckman. I hope that this Council and the Commission are not going to run into things of this type and say we have a General Plan and say "let's waited - because we could be waiting here with a lot of vacant land. There are things 'that Mr. Nichols referred to that I agree; with, m that we have to be sure we are going in the right direction because it could change a pattern of an area, but I think with this report from the Planning Commission if there were any doubts .in our _mind .as to how they came to that conclusion on the Planning Commission, I think .it .has been made a.little more clear to us. As I said earlier, I hope the Council and the Commission do :not use the idea of the General Plan as something 'to delay or to possibly make the same mistake of not looking at something for approval 'because it might change the whole plan. I Just hope we can review each one of these as they come up each time and take them at their individual merits and I tom want to commend the - staff for their complete report on this land use in that area. • Councilman Nichols.- The o ly they�°° comment I ould make is that atem °fed to direr my comments to imply that I had no fault to find with the nature of the recommendation nor the concept of the study or the nature of the preliminary report, but I do and I want the record to show that I do strongly resent, as an elected representative of this City to sit on this Council, elected by the people and have what I consider a major study going on relating very closely to contemporaries of mine, to people that I respect very much, and who Live in that immediate area and as a councilman have the .first word that a significant recommendation is to come before this Council involving many weeks and hours of study and the first word I have ever heard that this is going on is when this pops in my mail on Friday afternoon. _.11 Co C. 10-9-67 Page Twelve HEARINGS o ZONE CHANGE NO, 381 ® Continued Now if I am elected by the people of this City to keep somewhat up on what is going on in this City I think I have a right to know what this staff is doing in an area of this great importance than to wait until there -port arrives, Now some of you • have had the opportunity to be in attendance at meetings where some of these materials were discussed but none of this has come before this Council yet and the point I make is the appropriateness of the staff moving into an area of this importance to the community and not Inform- ing this council of its intent and or desire at the outset and.I 'believe that point should stand, - but I won't belabor it anymore. Mayor Krieger: On the work charts of the Planning Department which we receive periodleally _has this report been refected, Mro Menard? I have no direct recollection, one way or the other. Mr, Menard, Planning Director: No it hasn't Mr. Mayor, because it was triggered when the zone change application came in, These are quarterly reports. Mayor Krieger: I think.that Councilman Nichols remarks really go to the procedure we have followed in the past and we would hopefully follow in the future - to keep the council aware of staff work and projects in process so as to coordinate our own thinking on these matters, as well as a realization of the work product that the staff has at any particular moment. I know we particularly hear about work programs and projects that must be delayed because the Department involved is ® and not necessarily the Planning Department, but other Departments of the City ® have priority lists that they are heavily engaged in and perhaps Mr. Nichols°response is indicative of more surprise than anything else that something of this scope could have been in process and yet never brought to the Council's attention either for information or for comment. I haven't heard anyone take issue with the material in the report. I think. it is more a matter of procedure in communication between the staff and Council as to work in pro-cess. There is ample opportunity . to keep the Council advised in your workload charts and your other reports that we continually the staff as to studies of this type or any other type that are in progress. There is a precedent where the Council has had to take the initiative in times past to cause the Planning Department to initiate these studies when we were particularly concerned about the impact of a zone change on an area and perhaps we became so used to the necessity of havi-ng__to tell the staff to go out and do something that when the staff went.ou_.t.... and_._.did....s.ome_thing without ._o-ur telling ._:them t.o _do it, it initially .struck _us -as ..a .surprise ...and perhaps ..as__.a __fringe benefit of .our job, But I would, -agree to the extent that if the staff does undertake studies of this scope to at least on an informational basis keep the council advised that this work is in process .and also you benefit yourselves, ® if we say we want something done now and you say you can't do it because you are working on so and so and we say we don't know you are working on so and so, it hasn't been called to our attention. With respect to the zone change itself, we have not frozen zoning in this City during the scope of the General Plan study and no one has suggested that we have. I think the Planning Commission rightfully took into consideration the preliminary sketch plan of the consultants having to do with this area and the highest and best use; the.reports that have been presented by the staff, the.hear.ing. before the Planning: Commission, and the findings _by the Planning Commission .and the determination. _of thefacts, suggest that this is the highest..an.d best use for this property and that in all probability the ultimate recommendations on the General Plan will so indicate and as the preliminary sketch plan presently indicates. I think if the Planning Commission had a serious reservation that there would be some type, of reversal of opinion either by ourselves or the consultants havingto do with this area that we would have either received a negative reaction by the Planning Commission or some type of caution by the Planning Commission 12 Co C. 10-9-67 Page Thirteen HEARINGS - ZONE CHANGE NO. 381 - Continued that this matter is still too tentative to discuss in fixed zoning. I would, therefore, think that sufficient cause has been found for a favorable action on the zone change. • Motion by Councilman Gleckmang seconded by Councilman Gillum that the Council approve the Zone Change ADDlication No. 381 as rer,.nmmended the Planning Commission. Councilman Nicholso y I once again state that.my feeling as I have expressed it in this matter really revolves around my thought, that, the application I think-is'_a valid one, I think the report is a valid one!, but that theland study should have been made which indeed provided exceptionally strong support for the application that it shoAld.or should not have been made, should have been the decision of the City Council rather than the staff and if the request had been made. I cextainly would haV8 bondurred in it. Perhaps I am inclined on conveying a greater than is Wittfanted concern for the prerogatives of the Council, but I do feel this was a policy area and an area of ---major concern to the Council and the Council should have been advised and have had that opportunity anyway to confer with the staff on this matter. I am ready for the vote. Motion carried on roll call vote as follows: AYES: Counc-ilmm- Gillum., NOES: None ABSENT:* Councilman Snyder HUMAN RELATIONS COMMISSION Nichols, Gleckman, Mayor Krieger REVIEW MINUTES OF AUGUST 31, 1967 AND SEPTEMBER 14, 1967. Councilman Gleckman-, On page 4 - I have a correction. Councilman Gillum ® I assume you wish to have the record show that you -remark referred to"Mr. Tracy and Mr. Totter. " . Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that tha-Council receive and file said minutes, dated August 31, 1967, as corrected. Motion by Councilman Gleckman, seconded by Councilman Gillum,, and carried, that Council receive and file the minutes of September 14, 10678 GENERAL MATTERS ORAL COMMUNICATIONS Edward- Wells. I drive -a delivery truck that we1ghs-. 1308 Crumley Street slightly over the 6000 pounds that you West Covina allow on your streets. My employer tells me that I can drive it to my home if I can get permission from -the Council to drive --it a short distance on a residential street - about 2/10ths of a mile and then park it overnight alongside of my home. The Police Department said I would have to get permission from you. (Mayor Krieger asked staff for a reply and Mr. Williams was asked to advise.) 13 C. Co 10-9-67 Page Fourteen ORAL 001AMUNICATIONS - Continued. Mr. Williams, City Attorney.- I have to go -on pure recollection, but as I recall it you prohibited the park- ing of these vehicles and didnot reserve any right to grant permission or exceptions by the council. If the right 40 is reserved the council has the right, if it is not reserved in the Ordinance it has no more right to waive the violation of the Ordinance in this respect. 0 Mayor Kriegeroo The Ordinance you are talking about I believe is the one on the agenda tonight having to do with the parking �n private property of commercial vehicles. I didn't understand Mr. Wells or maybe I misunderstood him. I understood his problem is to take_acommercial vehicle over a street that isn't presently allowed for commercial vehicles, is that right Mr.. Wells? Mr. Wells: Yes sir, and parking it overnight and taking it to work the following morning. Mr. Williams, City Attorney-, The comments are precisely the same. I wasn't referring necessarily to the Ordinance on the agenda tonight. Mr. Aiassa, City Manager: Mr. Mayor - I think on a case life this- - if we could carry this over until our next meeting on the 23rd and let the Chief of Police and myself meet with this gentleman and see if we can work this out. Mayor Krieger-, meeting agenda which will be reappear on that occasion it it. Mr. Wells: WRITTEN COMMUNICATIONS I think the response of the staff suggests that we would not 'be able to act on this tonight Mr. Wells. This matter will appear on our second on the 23rd of October. If you wish. te. will be an agenda item and we will, discuss Thank you sir. LETTER FROM ASSEMBLYMAN MONAGAN REQUESTING SUPPORT OF ASSEMBLY JOINT RESOLUTION 29 REGARDING GOVERNMENTAL TAX SHARING Motion by Councilman Gleckman, seconded by Councilman Giflum, that the Council receive and file the letter from Assemblyman inv.ua6an. Councilman Nichols: I would feel personal11, that it would be in the interests of.the City and the Council to perhaps not only receive and file and I certainly would accept that, but further to take any action that might be desirable in support of the resolution itself which basically gets at the whole concept of the remitting of some tax funds directly back to State and local jurisdictions in fact collected by the Federal government. There is an editorial,, I 'believe, in one of the papers today stating that unless local governments are able to obtain this that we will not only have a Federal form of government being strengthened but the actual. federalization of all form of government I would encourage the council and would offer a motion after you act on this one. Mayor Krieger-, Is there further discuasical an the motion itself to receive and file? received and filed. Any objection? So ordered that it.be — 14 — 0 C. C. 10-9-67 -?age Fifteen WRITTEN COMMUNICATIONS --Oontinued Motion by Councilman Nichols, seconded by Councilman Gillum, that a letter be prepared for the Mayor's signature to Kr. R. Monagan expressing the support of the City Council of West Covina for the Assembly Joint Resolution No. 29. Mayor Krieger-, Maybe someone. -can -enlighten me that is better informed on the subject., but I have read the material and T can understand where it is quite apeeptable to talk about federal tax sharing but does the assemblymaZ suggest how the Federal Government does it, or is there something in the material that I have overlooked as to how this is supposed to work? Councilman Nicholso 0 No - I have not overlooked it, I don't think. It is basically a request for some consideration for 'the mechanical method of the remitting of tax dollars back to the lower level of government. Mayor Krieger-, That is the part I wonder about, the mechanics of it. Councilman Gillum-, My feeling on this matter is that we would.all like to hav_e many of these dollars that go to Washington come back to us, but it is my feeling that on this, and I don't care whatever type of program it is and how the people design it thinking it is for the benefit of the State, whenever they give us something back that they say is ours, 'there i's some kind of a string tied to it and I think this has been proven on every Phase of legislation where the Federal Government is going to give usl:something back that is ours. I know at the meeting I attended a week or so ago this was the main.discussion. It is a fine idea but as you brought up Mayor, what are the mechanics to assure us that we are going to get it back without a string attached to it? The only programs that have been proposedalong this line are such as keeping it here ..... but it is the concern of many people that I have discussed this -program with that the string is going to be attached to our money when. -they give it back. to. use councilman'to I wo-uld- -be a. 11-ttl-e- reluctant, as one .go on record and say I would support this-gemeral idea and then later have it come back that we get the money back but there is already a string tied to it, Councilman Gleckman: I am not so much concerned with that as I am that I don't have the slightest idea what AJR29 says nor does this report tell us except. in generalities what it refers too and I wouldn't lend my name to any type of resolution requesting something that I don't know what they are requesting-,. Councilman Nichols.- Perhaps my motion per se was ill advised. I Would accept Councilman Gleckman's second will allow ito analysis and withdraw My motion if the Councilman Gillum.- Yes, I withdraw. Councilman Nichol Is-0 The very favorable comment in here that I leaped at immediately 'was that one alternate proposalwouldtransfer revenue sources from the Federal Government to State and local Jurisdictions and I thought that any encouragement we could give to the legislature to move toward encouraging the Federal Government to release to the local levels would be in the interest of decentralizing_government and I still feel if we can do it in such a way that some encouragement of that concept would be in order, but I will let it rest at that point. -01 15 - C. C. 10-9-67 Page Sixteen WRITTEN COMMUNICATIONS - Continued Councilman Gillum: I think we are on a subject here that we could discuss all aspects on and really not come up with an answer. • Councilman Gleckman: I think what Assemblyman Monagan wants to do is very nice and fine, but after now reading for the first time, I think anyone of us would be willing to write something, but I don't really see where it will accomplish anything. 0 0 LETTER FROM J. E. COMER REGARDING HEALTH HAZARD AT REVERS STREET AND SHADYDALE AVENUE Mayor Krieger t Mr. Aiassa this letter is dated September 20, 1967, and we have had a regular council meeting since that date, why wasn't this letter on our agenda of the 25th? Mr, Aiassa, City Manager: I received it on the 26th of September. Lela Preston, City Clerk: Yes, it was stamped in on the 26th. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council refer this letter to the staff for a report back to council. Councilman Nichols-: Mr, Aiassa, City Manager: Councilman Gillum: Mr. Aiassa, City Manager: Councilman Nichols: Has this letter been acknowledged? No, but we will do so. Could we --have a report back on this on October 23rd? We will, try. I did drive into this -area today and couldn't find the problem. I LETTER FROM STELLA G. HILLIS REGARDING PARKING OF INOPERABLE VEHICLE AT 941 Na Morris Avenue Mayor Krieger: The next item is a letter received on October 3rd and apparently we have a full staff report an it already. Mr. Aiassa, City Managers This one we could answer probably because it is more of a policing problem. Mayer Krieger.- Is there any existing problem now? Mr. Aiassa, City Managers The only thing is that this letter was never officially received by the council and that. would be number one, acknowledge receipt of this letter. Mayor Krieger-, No ® is there any problem existing there now? Mr. Aiassa, City Manager: The staff report indicates it is not a problem. Councilman Nichols-, The letter states - "I ask you, is a camper minus wheals, etc...... in anyway - 16 - C. 0. 10-9-67 Page Seventeen WRITTEN COMMUNICATIONS - Continued considered operahle, o o , o , a P° Can anyone inform me as to what type of a vehicle is being described here? Mrs Fast, Public Service • Directors It is the type of camper that you take the -.back off and use the truck for pick-up. Councilman Nichols- The inference I got was that It was some kind of a vehicle from which the wheels had been removed and I thought that would come under an ordinance ® but it'.ts a camper. Councilman Gleckmans_ I would like to request that the party who the complaint is in regards too, and I am talking about where this camper is, m be contacted and be asked about this situation before any type of report or action is taken, Mr, Aiassa, City Managers Alright, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Council receive and file said letter, Mayor Krieger- This letter also will be acknowledged, Mr. Aiass ao Mrs Aiassa, City Managers Yes, mm--o4---- aoo�o LETTER FROM WEST COAST COMMUNICATIONS, INC., R99UESTI-NG A CATV FRANCHISE WITHIN THE CITY Motion by Councilman Nichols, seconded.by Councilman Gleckman, and carried, -that the letter of October 40 1967 be referred to staff for a report and recommendation to the Council. (COUNCILMAN SNYDER ARRIVED AT 8s50 P.M.) CITY ATTORNEY ORDINANCE INTRODUCTION The City Attorney presented- 9°AN ORDINANCE OF THE CITY COUNCIL OF THE -CITY OF WEST COVINA:AMENDING CERTAIN PROVISIONS OF'THE WEST COVINA MUNICIPAL CODE RELATING TO PROCEDURE FOR APPROVAL OF PRECISE PLANS OF DESIGN." Motion by Councilman Gl:eckman, seconded by Councilman Gillum, and carried, that Council waive further reading of the body of said Ordinance. Motion by Councilman Gleckman,..secanded by Councilman Gillum, and carried, that the City Council introduce said Ordinance, 17 C. 0. 10-9-67 Page Eighteen CITY ATTORNEY - Continued ORDINANCE NO 1O10 The City Attorney presenteds 99AN ORDINANCE -OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE PALING OF CERTAIN VEHICLES. ", Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the Council waive further reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Gleckman, that the Council adopt said Ordinance. Motion carried on roll call as follows AYES- Councilmen Gillum,, Nichols,, Gleckman, Snyder, Mayor Krieger .NOBSO None ABSENT. None (MAYOR KRIEGER CALLED A 10 MINUTE RECESS. COUNCIL RECONVENED AT 9 P.M.) CITY MLNAGER ADDITIONAL LAND ACQUISITION,, FIRE STATION NO. 6 SITE, FOR LIBRARY - LETTER FROM COUNTY Mr. Aiassa,,, City Managers I would like to advise the council when we first atttempted to acquire this bind Xrom Home Savings & uaan, tie County gave us a nebulous answer as far as 'their interest in the land and it appears now from their letter of September 22nd that they want to purchase 5500 square feet .and I -would like to have this letter spread in the minutes because I have no other commumication with the 0ounty Library and..if I am going -to negotiate with Home Savings * Loan I want some -kind of _a document n the council records to show that we have officially been authorizad. to proceed. Letter from County of Los Angeles, dated September 22, 1967- "Confirmingour -previous conversation on the subject, I request that you acquire additional property in the Home Savings and Loan tract contiguous to the Fire Station site on Azulsa Avenue north of the extension of Amar Read. It is my understanding that when plans are definitely made by the -City to build .on the site_ -ap proximately three years from .now, that the Library will be cons.auated. This -will .include _an opportunity to purchase that ortion. of .the site for a Library if .-Asaired. It _is _also _my _uuderstandm ng that the City will purchase the entire site consisting of approxi- mately 559000 square feet.' 'Please notify me if the above will require clarification in order to achieve an agreement to.proceed.Be Signed by William S. Geller Mayor Krieger- 0 Mr. Aiassa,, City Managers Mayor Krieger - The council has never received a copy of that letter. They were mailed, my notice says a copy went to the Council.. I can state positively I have never seen its (None of the councilmen received a copy, requested that copies be sent.) Motion by Councilman Gillum,, seconded by Councilman Snnyder, and.carried, that Council receive and spread in full in the minutes the letter From the Los Angeles County Library dated September 22,, 19670 C. C. 10-9-67 E 0 Ul CITY MANAGER - Continued Page Nineteen Councilman Gillum-, I might mention Mr. Krieger to the best of pry knowledge this has never even come up,. in discussion at our Regional Library, meetings. It had been mentioned at one time and there was no comment made one way or the other that the County was even considering t1his. Mr. Aiassa, City Manager-, This was menti - oned after your last meeting. Mr. Geller came over and made a tour'. TRAFFIC COMMITTEE MINUTES )CTOBER-62 1267 Councilman Gillum,o Mr. Mayor, I have an item I would like to discuss. Mr. Aiassa - on the Traffic Committee minutes of October 6,1967, Item 4. To the best of my knowledge, and correct+ me, if I. am -wrong , when such things as a crossing guard is to be removed does not the council take the action on this? M.r. Aiassa, Ci't,,V- Manager-0 and there is usually a report addition or deletion. - Councilman, Gillum-, Mr. Aiassa, City Manager,,, Formally, yes. Formally the posting or removal of the crossing guard is usually processed through the Traffice Committee added on to 'their minutes for either removal was given for a certain Councilman Gilliam-0 Officer or Fireman? The last one we removed, to the 'best of my recollection, came before the council for discussion. Usually there Is a big protest or appeal. The one I remember was one at Valinda and 'that was an appeal. The Traffic Committee made a recommandation and +Lhe data and prior to that date they appeared. Doesn't this fall under the same category as adding an employee to a Department, such as adding a Police Mr. Aiassa, City Manager-3 No. To a -,..o swel" this problem, the 0ccuPan0,Y -A&S Deen for one day for the we found it more economical -reasou we were -using .the police resqrifes. but and to our advantage to use a uro�sx� guard for the emergency until we get -the street open again. 'It is only for an intermediate period until we get the street open again. We have to assume some responsibility for the children that might be in jeopardy, etc. If the colancil feels we don't need the crossing guard we can go back to the reserves. Councilman Gillum. - on this past thing -with the out into and in the past it decided 11yes" or "no" ® for it appears that the staff is I can see this Council saying we don't need a crossing guard. But I have to refer back to what; Mr. Nichols was saying staff and here is an. area that we have gone is my recollection that the council has or against ® something of this type and now somewhat ....... Mr. Aiassa, City Manager:, I cleared this. with the Chief of Police that as long as he is using the reserve officers it is not a problem but I believe they thought it was economically bet -ter to use the cross ing guard and also they have a problem with. variable hours that the reserves can serve. presume, if the council prefers to use the reserves...... - 19 - Co Co 10-9-67 Page Twenty CITY MANAGER.- Continued. TRAFFIC COMMITTEE MINUTES Mayor Krieger-, Ths Is clearly not the point. The point clearly is that this council established. sometime ago that no action will be taken by the Traffic Committee which -requires an.actionitem whether putting something on or taking something off or changing something or doing something or any extension thereto, qntil their minutes came before the council and the action of -the council on their minutes was either in support of or opposed to the action of the Traffic Committee. I am quite sure that this is what, the comment regarding the crossing guard refers to..`As far as procedure the only thing the report suggests to us is that there was some urgency to this matter and that can readily be handled by a polling of the council, like any other matter -that the council has followed on. This. procedure is vested by the council and it should be adhered to by the Traffic Committee, as well as all other committees. If they have an ttqgency or emergency nature, have the council polled through your office and determine the council's opinion. Mr. Aiassa, City Manager: Actually in essence I was hoping that we would continue with. the reserve officers until this emergency is over with and.I made it very clear to the Chief of Police-.... Councilman Gillum: . I have no objection to the crossing guard or the reserve officer, It is just 000... Mr. Aiassa, City Manager-, We would have no problem if the reserve officer per se were put in that because -that is the amount put •category, in the budget.for emergencies but the crossing guard must be approved. Mayor Krieger-. Whether you call the reserve officer a crossing guard or the crossing guard a .reserve officer, you are talking about the same thing and that is they are putting a man there acting as a crossing guard. Mr. Aiassa, City Manager: Well., one thing - the Council has to realize that administratively we -have to use a little discretion here and there. This is not a supercoloseal project and not a permanent thing. Frankly, I think we. can. be. bogged. down., . . _ � o a Councilman Gillum - The only point I am trying to make, and. I -,-Lzree this is not an enormous, 'thing but�sormst-imes, and I am not saying you have. An_the --past. -ox are.. -In the. -future, but .,it is this step first ..and then. another step and then the next -thing we know -we read- in the minutes that -it -Is a..-Iar-g.e -pro-gram. I want to -make sure that on such thing6 of this type that the council has taken action on in the -past, --and .as Mr. Krieger -stated., by polling the co.uncli I -am sure you would -have found no objection to this matter at all, but I prefer in the future that things of this type before the Traffic Committee made a recommendation and before action is taken that the council would be polled, and I hope the council supports me in this feeling, Councilman Snyder-, weeks ago I brought this up, I remembered this policy. Mayor Krieger. - Councilman Snyder: I would like -to direct a comment, • I am glad that 'the council again remembered this policy, because approximately six can't remember the incident, and -nobody That.1sn't very illuminating, because I can't remember any incident where we deviated from this policy Dr. Snyder. I will go back to the minutes and find it for you, ® 20 - C. Co to-9-67 Page Twenty-one CITY MANAGER ® Continued TRAFFIC COMMITTEE MINUTES Motion by Co-uncilman Gleckman, seconded by Councilman Gillum, and carried that the Council accept the Traffic Committee minutes of October 6, 1967, REVIEW BOARD MINUTES SEPTEMBER lla 1967 Mayor Krieger: The Review Board minutes of September llth ® the Efficacy of which I question receive and file? at this stage, but is there a motion to So moved by Councilman Gleckman, seconded by Councilman Gillum, and carr'.ed PHILLIP JIMINEZ REgUEST FOB. LEAVE OF ABSENCE Motion by Councilman Gleckman, seconded by Councilman Gillum, that the Council approve the request of Park Maintenance man Phillip Jiminez for a leave of absence with pay for a period of time not to exceed sixty calendar days or whatever portion of that time is required for the recuperation. from .hLa illness.. • Councilman Nichols: I would. like to direct a question to the City Attorney, Mr. City Attorney m over educthe years of -my own service in public .ati.on_.a._number .of .o..ccas.ions have have-isen where I have had citedvarious opinions of_.a_.legal nature relative to gifts of public funds, We have in the books a Resolutl-on.N..00 1.277 which is cited - Section 13.2, which gives the City Council, I don't have the section before me, but as I understand ® it gives the City Council, the discretionary authority to pay employees who are absent from their job for good cause and the pay doesn't relate to services rendered nor to any established pool of sick leave, universally applicable to all employees, but it is a discretionary authority. May I have your opinion as to 'the probable constitutionality of this type of a Resolution? Mr, Williams, City Attorney., It has been held that this does not constitute a gift of public funds where de for.good cause -.a 'leave with pay inporder ttosa keep -to an existing employee payroll, If the man is in �, pgood.emplo.yee.on the your employ .it is not a gift of public funds provided the rules at the time that he .makes the application during the course of his employment this is one of the rivileges of employment the same as vacation t�Lat could. .be. a. ift o public funds but it isn't because it is one of the privi,l.eges o employment, so is the right upon proper cause being shown to leave of absence with pay, which after all is what vacation is. Mayor Krieger., Further questions or discussion? Roll call, Mrs. Preston, Motion carried. on roll .call vote as follows: AYES., Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES., None ABSENT., None 21 Co Co 10-9-67 Page Twenty-two LJ n LJ CITY MANAGER ® Continued LETTER FROM EMPLOYEES' ASSOCIATION REGARDING ANNUAL AWARDS AND INSTALLATION DINNER Mayor Kriegers Next is a letter from the Employees' Associatio-r;--regar.ding the Annual Awards and Installation Dinner, The chair recognizes Mr. Bonaparte, as the President of the Association, and -his presence this evening_ in case there are any questions on -the report, Councilman Gleckman: I didn't get a staff recommendation. Mr, Aiassa, City Manager: I didn't give one, I would like to give an oral one. I had a chance to talk to the officers of the Association and also some of our employees. It appears that this is one event that the Employees look forward to and I didn't realize the Employees' Association does take on an annual picnic and a Christmas Party, which involves an outlay of considerable money,. This. is the particular event at. which .the_ City Council and officials award the service pins, etc. I think at the time we went through this on the budget we were on an austerity program. I checked with the controller and it appears that we do have funds, if the council wants to approve the amount of 8950o which was approved last year. It is up to the council to decide. It is a policy matter, Mayot Krieger: In looking over this report I had a thought that I would hope might preclude t�Js from coming up year after year, although, of course, it is not b�ndtng on future councils, but I would like to see us establish something that perhaps future councils would abide by and that is a percentage participation so that the Employees' in figuring their budget and the City Manager in figuring his budget can use some type of determination rather than this complete flexibility each year as far as the dollar amount is concerned. To pursue it to a point it seems to me that our participation has been roughly around 75%o I would like to see the council consider that. In that way the City Manager has some guidelines and the Employees' Association has some guidelines and can react accordingly. Councilman Nichols: I would agree with your.proposal,..the only reservation I would hold would be if the action of the council was to set a figure of 75% rather than not more than 75%, it might leave us in a little bit of an inflexible position, we might find that our 75% would be a figure that we would feel would be excessive and this could occur. For instance, there has been no substantial increase in the number of employees in the last few years, yet the costs of the banquet seem to be rising rapidly, and including the figures of over $100. for flowers and items of that sort, So I would concurr with you if in no event we had a figure. of in. excess. of 75%. Councilman Gleckman: I wo<uid ..like to see the figure of $950. be adopted. I have always found it toug% to pay my bills in perpentages, I usually pay in dollars, Mayor Krieger: Further council discussion or comments? A motion of some type would be in order, • Motion by Councilman Gleckman, seconded by Councilman Snyder, that the Council approve the sum of 4950. be paid to the Employees' Association as the City's participation in the Annual Awards and Installation Dinner, Motion carried on roll call vote as follows: AYES: Councilmen Gillur., Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None �2 r� U Co Co to-9®67 CITY MANAGER m Continued DATA BANK REPORT October 5, 19£70 Mayor Krieger: reports? Page Twenty-three These reports on utilizations from time to time are simply information items. What frequency would you anticipate these Mr. Menard, Planning Director: I would say it would be something of great significance perhaps in modification, The first one I think of is when we went on the mark 3 system and we are going on to the mark 4 system which will give us a much larger capability and I think this would perhaps be of interest to the council to know the capabilities there would be within the data processing system, Mayor Krieger: This whole system is involving €k considerable expenditure of public funds to create and bring into existence and operation. Speaking only for myself, I would be extremely concerned to have periodic reports from the staff showing whether it is paying its way and in...what manner it is being utilized in the material submitted to council. It is impossible to determine whether some of the statistics given to us by the staff at various times will be a product of this system or a work product of one or more individuals, Councilman Nichols: I would agree. Mr, Mayor, Mayor Krieger: Further discussion on this? FIRE DEPARTMENT ANNUAL REPORT 1966-67 Councilman Gleckman: I would like to commend the Chief of the Fire Department for this report. I think it is an excellent report and it is too bad we cant send one of these reports to each citizen in the community so they would be very much aware of what has been and is being accomplished by our Fire Department. Councilman Nichols: I would certairn.ly concur with Councilman. Gleckma 's -remar s m the report appears to De comprehensive and and -informative to the c.o-unc.ilo I ..am wondering, -as .r.ep.ortb go., _and as it is information of general interest if there has been any thought given to he lifti or-extracti of ertinent information f-or -more -general ulletins hat would be for CRamber of Commerce use and other types of use. Mrs Aiassa,City Manager: We accumulate -these reports and many - times they are the end results for our Annual report. Mayor Krieger: I would like to make one comment on -the report - it is some 37 or 38 pages in length. I_find it extremely illuminating to read the report and it is a pretty good pat on the back for the Fire D tm rat d. th.e Depa t e t$ wiithin the ire De �^ men the me w n he 'epartmerit, u? kept looking for somEu ng i s repor that.I didn't find. I think it would benefit the council, in the future, and I -have held these reservations for sometime, hoping that one of the Annual Reports would direct its attention to this situation. I wish one of these Departments would come to us sometime and in their Annual Report say m you know some of our problems are, some of our needs are, some of our deficiencies are, some of the areas we are dissatisfied with are, and I never find this in a report. All of a sudden the closest we come to it perhaps is at budget time when we hear such and such is cut or so and so has to do without - yet we never heard anywhere along the line that anyone needed anything and everybody is happy with what they have. -23m Ce C, 10®9-67 Page Twenty-four CITY MANAGER - Continued TIRE DEPARTMENT ANNUAL REPORT Councilman Gleckman: But Mr. Mayor, don't you think that is the responsibility you leave to your Chief Administrative officer, the City • Manager? Otherwise you are again opening Pandora's box for the Departments to come to this Council direct and voice what they think they are unhappy with,, etc:,. I -understand whatyouare saying but I - think that should be accomplished with the City Manager taking up each individual department with the Department Heads or the Employees' Association or in private session with them, if you want a private session with them, I don't think that should be put in written'fofmd. because we have a City Manager type of government, Mayor Krieger: I don't see really that this undermines the City Manager form of government at all. I think it strengthens it by vii-ts„P of the fact the council would be better able to function. in its role, and to suggest to the City Manager some areas that the council would also like to have explored in the performance of its reponsibilities and the City Manager's responsibilities, How, unless you are going to live with the Fire Department, are you going to be attuned to some of these situations that might properly be called to our attention except through one medium of communication? If this Annual Report has any significance at all it is a form of communication to this council. Now is it just a propaganda type of report or is it supposed to give this council some information it did not have before? Councilman Snyder: But to come directly to the council without going through the City Manager is in violation of one of our Ordinances, the City Mana er's ordinance. But g-oing back these reports approveesu-Ehem a ereh heyfiomen eusand°asiaumHter o ppo°.��cyoftdis®_. seems to me that he should not object to any complaints coming.thro.ugh him to us, however, perhaps it is better that complaints regarding things. that. are wrong would be better given orally than in a report. Councilman Gleckman: I think so. I think we could do the same thing with our citizenry when we sent out the one bulletin we did send out. We didn't tell them what our problems were and what we would like of them, we told them how we were functioning, what. a.good place this is to._live, what we were doing,with what we had to .do it with, and I think this could Just pyramid all the way down the line. Of course, maybe, I am too close to the forest to s-ee the trees but -many times I have asked permission of. the City Manager to speak with the Chief to find out how things -ar.e. on -my. own -anal I ,am no.t suggesting. that of the.. c.ounci.l., I :am only -saying that I have had the tii-me 1.n -the past to take. that type . of action which I have, so maybe what you are saying Mr. Mayor is true, but I don't know what system you would use to go about it, Councilman Snyder. In addition, I was around here when things were done that way and it is hell and all government breaks down at that level. It really works -better if everything comes through the City Manager. Mayor Krieger:. As this report and all other staff reports • Councilman Snyder: Alright, but again I think if they have complaints they don't necessarily have to come through in a written report but orally. Councilman Gleckman: We also have a Personnel Board that airs out a lot of these problems. m24- C, C, 10-9m67 Page Twenty-five CITY MANAGER Continued FIRE DEPARTMENT ANNUAL REPORT Mayor Kriegero Everybody latched on to the word "complaint" as if that was what I was talking about. That was just one of • the items I suggested. Councilman Gleckmano You don't need to minimize what you are saying - I am only giving you our side of it. Mayor Krieger: I make whatever comments I care too. I have -read these reports. for ,4 gears and have been saving it up for 4 yeara,9 and that is all I want to say about it. I have some appreciation of what an Annual Report is supposed to contain. SISTER CITY FOUNDATION QUARTERLY REPORT SEPTEMBER, 1967, Councilman Gillum. I have a questions Mrs Aiassa, the problem with the large photograph that you related to us about Customs, was this taken care of? Mr. Aiassa, City Managers. Mrs Windsor left.,.he.has been..handding this. This is on the photograph to • Toluca and we havenot got it resolved yet, Councilman Gillum: May I make a suggestion that we see the .next time there is .a visitation and we go through this procedure that there is some arrangement made or understanding between this governing body and the Foundation that this embarrassing situation doesn't happen again. I would feel, Mr. Mayor, that we should have a meeting, before the next visitation, with the directors of the Sister City Foundation, because it is somewhat embarrassing to have this situation crop up everytime we send a gift back to them and it ends up in the customs house because of duty and things of this type. I think we should have this resolved before the next time they come to West Covina. Councilman Snyder: May I suggest that part of the trouble is with the governing problems in Mexico and that they just don't do business the way we do. It is rather frustrating to straighten out. Councilman Gillum: Maybe some other arrangements can be made. Motion by Councilman.Gle.ckman,.seconded by Councilman Gillum, and carried, that the Sister City Foundation quarterly report September, 1967, be received and filed. • SUPERIOR COURT, COUNTY OF LOS ANGELES, SUMMONS N0, 917708 (Informati.onal) PAVING ON MERCED AVENUE Mayor Krieger: Both items are informational. Any comments? Councilman Nichols: The item referring to paving on.Merced Avenue is a little more than informational. It indicated that if �5 Co C. 10-9-67 Page Twenty-six CITY MANAGER ® Continued MERCED AVENUE PAVING this Council desired paving be recommended that a motion be passed.. I would like with the precedence of the widening of Azusa Avenue, the widening of Glendora Avenue on this basis, I would like to recommend to the council that the council authorize that this be included and would, therefore, offer the motion that the council direct the staff to include the northside of Merced Avenue easterly of California Avenue in its California Avenue improvement project for the Spring of 196$0 Seconded by Councilman Gillum and carried. All were in favor. CITY CLERK. APPLICATION_OF SAN GABRIEL ACADEMY OF SEVENTH -DAY ADVENTISTS FOR STUDENTS TO SELL PEANUTS -AND CANDY9 HOUSE -TO -HOUSE NOVEMBER 14 to 30, 1967. Mayor Krieger: Madam City Clerk, has this permission been granted in the past years? Lela Preston, City Clerk: Yes, it has. Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that Council grant permission as requested. ------------- REQUEST OF SISTERHOOD OF TEMPLE SHALOM TO CONDUCT RUMMAGE SALE • ON PREMISES NOVEMBER 2 and_3, 1967 Mayor Krieger: Madam City Clerk, has this permission been granted previously? Lela Preston, City Clerks Yes. Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that Council grant the request of the Sisterhood of Temple Shalom, REQUEST FOR CHILDREN TO TRICK OR TREAT FOR UNICEF ON HALLOWEEN Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that Council grant permission for children to Trick or Treat for UNICEF on Halloween, UEST FOR PERMIT TO SOLICIT FUNDS DOOR-TO-DOOR DECEMBER 9 and 10, 7, by ALSAC m St, Jude Children°s Research Hospital Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that Council grant permission to the request of ALSAC ® St, Jude C hildren's Research Hospital, ABC APPLICATIONS: ': STOP®N®GO, 1413 W. Puente Avenue ® off -sale beer and wine IN-AND®OUT LIQUOR ® 516 S. Glendora Avenue -.off-sale bee Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that.there be no protest by council, m26® C, Co .105®67 CITY TREASURER None MAYOR'S REPORTS PROCLAMATIONS Wage Twenty-seven NATIONAL VOCATIONAL GUIDANCE WEEK OCTOBER'22 to 28, 1967 Mayor Krieger.-, If there are no objections, the week of October 22 to 28-, 19679 will be proclaim- ed National, Vocational Guidance Week. No objections, So proclaimed, UNITED NATIONS DAY aIoba� Z. Mayor Krieger. Is there an objection to proclaiming United Nations Day m October 24th? Councilman Nichols and Councilman Gillum, objected. Councilman Snyder. It may require some discussion on this, as to the effect of a controversial item such as this - - some people may consider it political and so should not be proclaimed if it is going to cause controversy especially since that involves something that we do not have the information or knowledge to make a full judgment on. However, this is asked of us as a policy of our National Government, and whether • You believe in it or not, the controversy has risen above the local level and it seems. to me that you are not trul�r representing: your constituents if you either obje.c.t .o.r .strongly are in favor of this. Therefore, because it is the policy of our National Government and not truly a matter that we can decide controversially at the local level, I think it should be proclaimed, Councilman Gillum.- Dr. Snyd' er, may I say to you I._can appreciate your thinking. on this but I do disagree with you on the one point that because it is proclaimed --by the Federal Government that there is not opposition to it and I can assure you that I have had calls this week from people opposed to this proclamation of United Nations Day, and I have had people call me in support of it. I was invited to the United Nations Day at the County Library and declined. I was opposed to it last year and I think after the action this year that I could not support it. I could go into the detail but I think the one thing is the action of the United Nations in a certain area of the world this year., which was deplorable to me -and if only for that one reason I could not support this organization which our Country supports financially with a great deal of money. I think it reestablished my thinking or made thinking stronger that in the areas that they are formed in their charter of 1945 to do and protect countries of the world, they fell flat on their face this year. I realize there are many things they work in and do good in this world and one we are approving here tonight for the sale of Christmas cards and things of this type, but the one action that was taken by this world organization in the face of a real problem this year • towards a nation trying to develop itself, on that alone I could not support it, Co'cxncilman, Snyder. Again, we day not have all the informa- tion 4 - both sides of the story and there is no way for us to get it. Secondly it would seem to me inconsistent to fail to proclaim, as the editorial in the Tribune recently stated, proclaim support of our;a.otion ® 27 C, C, lOm9m67 Page Twenty-eight MAYOR'S REPORTS ® Continued UNITED NATIONS DAY in Vietnam or support of peace in Vietnam, which again is a policy of our National Government and then refuse to proclaim this, -which is a policy of our National Government, It seems to me an act of defiance • and unpatriotic and this is not the correct approach. Councilman. Gillum: I object to those terms very strongly, Dr, Snyder, I am not unpatriotic and I wish you would please think about., that statement and withdraw it from the minutes, if you don't mind, Councilman Snyder: I will not withdraw it from the minutes. I did not call you unpatriotic. I merely said it seems to me ....... Mayor Krieger: Alright gentlemen m the prerogative of the chair is to issue a proclamation unless there is a majority vote of the council to the contrary. Let the record reflect there are two council- men objecting to the proclamation and I will sign the proclamation designating October 24th as United Nations Day. C o unc ilman..G illum: Mayor Krieger: May we have a roll call vote, Mr. Mayor? If you wish. Madam City Clerk ..... Motion carried on roll call vote as follows: • AYES: Councilmen Gleckman;, Snyder, Mayor Krieger NOES: Councilmen Gillum, Nichols ABSENT: None COUNCIL COMMITTEE REPORTS Councilman Gillum: I was asked to be the speaker at the Plaza Merchants breakfast and to briefly explain the Business License Ordinance. There were some questions raised. I told them that this we feel is probably the best way and if they had any additional questions or areas that concerned them to contact the City Hallo One,other thing ..I wo:u:l.d like to bring .up Mr. Williams o on our city code is there anything in there - I know the State has somet to cover it because I looked into it the other night . a pers.on._imper�onaa fireman or -police officer An this Citz? The State covers it but -as I' read it, it only refers to State people and I am wondering does the State preempt us? Mr. Williams, City Attorney: I am..not positive of the answer, but my impression is that the State law regarding the impersonating of a State Officer m it prohibits impersonating --any officer, city policeman, county sheriff - when you say limited to State, do you mean State Highway? Councilman Gillum: When I read it, it was my intrepretation of it and I was curious to know if we had anything on the books to cover it, Mr, Williams, City Attorney: My impression is that the State does preempt the field and that the State local or State,, law prohibits impersonating any officer, ® 28. Co Ce- 10-9-67 Page Twenty-nine CITY COUNCIL COMMITTEE REPORTS Councilman Gillum: I was curious about that because there was a question asked of me, Mr. Williams, would you look into that for me and see if the City is covered in this area? (Mr. Williams agreed he would,.) om-om®®®mm®-®o Councilman Gleckman: Mr, Aiassa9 do we have an authorized agency out painting addresses on the curbs? Mr, Aiassa9 City Manager: We have students, Councilman Gleckman: Is it a particular organization? Mr, Aiassa9 City Manager: Just students coming in.and registering. and telling us where they are going to paint, -------------- Councilman Gleckman: Also, I have received quite a bit of static regarding the Business License) that: the Chamber 4vas as;eed to approve the method that was suggested by staff and not asked whether they would approve of the method. In other words 'this is the choice and do you have any comments and not, do you accept this as your recommendation as well as the City°s as the best way to come forward with • a Business License, So I would like to comment that I have also receive.d.criticism from the contractors and the realty people regarding these things that -were -discussed and I would like to -go on record as stating that I would not, approve any type of business license ordinance, -. m without calling zor a public hearing. Councilman Snyder: Thies z.ugge.st,s a lot ..and I .object to the Chamber s objection because number one, it was not presented to them that way, and..number two, there was no point in even discussing it with their committee at all because they were completely close-minded. If this is an official complaint of the Chamber I will withdraw what I say, but if it is individual, complaint of certain Chamber members then I would say they are not being factual.or fair because it was not presented that way, Councilman Snyder: I have several things - and this may be my swan song, but I would like to bring them up. First I have a request of the E,S,G,V. Planning ...Committee to serve on Freeways, and since Mr. Gleckman is the liaison officer.on this, I am wondering -if it wouldn't be better for him to serve on this committee with the E.S.G.V, Planning group, since he will have a closer knowledge on it, Mayor Krieger: I am the representative on that group. I don't know why they directed their communication to.you. ---------------- Councilman Snyder: I have.a question of the City Attorney, Are Public Utilities allowed to contribute to political campaigns? Mr. Williams., City Attorney: I know the contributions are .not allowable as expenses by the PUC but whetherit is aggainstthe law, I don't know. My impression is that it is against the law to contribute to campaigns. ®�90 C. Co 10-9-67 Page Thirty COUNCIL COMMITTEE REPORTS Councilman Snyder: Could I have that information because it seems to me a direct conflict of interest if they are allowed to contribute and the Governor turns around and appoints the PUC to decide the policies of a monopoly. The next questionlis of the staff. I believe we have electrical air conditioning planned for the new City Hallo It is my Impression that electrical air conditioning is very expensive as compared to ,gas, and I am wondering if any engineering studies have been made as to the comparable cost? Mrs Aiassa, City Manager: I believe the architects have m we will make this information available to you, Councilman Snyder:. In 7 years on this council I have never been quite sure, as a policy making body, what our relationship as council is to the Police Department. Obviously, the Police Department takes an oath to enforce the law of the State and the City, however, as a policy making body we have never taken any action to soften their actions or harden their actions. What actually is council°s legal relationship to the Police Department in enforcement of their ordinances? Mr, Williams, City Attorney: I don't think_there.is any difference • between your relationship with the Police Department and -any other Department in the City. Through the City Manager you -have aright to demand more strict performance, better performance, less violent pperformance and so on. I see no difference why you would pick the Police.Department. You set the administrative rules you have a right to see that they are enforced through the chain of command which is through.the. City Manager, in such a manner you wish to see them enforced, Councilman Snyder: Then.I.have some questions of the City.Managers Number one, -In our Juvenile policy I understand it is now the policy to handcuff all juveniles, even down to the age of 5 years, I would like to know if this is true, Mrs Aiassa,. City Manager_: I will check it, Councilman Snyder: Secondly, I understand it .is by a decision of the Supreme C-ourt 'that .juveniles have to be advised of their constitutional rights, even when taken in on a minor juvenile type incident, and that in fact our Police Department does not do this, due to an arbitrary decision on their owns I -:would like to know if this is true and if so, why? Thirdly, the Highway Patrol has a warning_ type ticket for stop .:lights that are out and, so on, anti we do not and most cities do not. I am wondering why we do not use this for . mechanical problems? In many cases the police give tickets in these instances. Now if you are wondering why I am asking these questions, if I am still around when I get the answers I will give it to you. Another question of the City Attorney, a regulatory ordinance or a tax? The Business License Ordinance - is this Mr. Williams, City Attorney: It may be either or both,as in the case of the City. In the case of the County it is only regulatory, ®30® 40 C. Co 10-9-67 COUNCIL COMMITTEE REPORTS Councilman Snyder., Mr, Williams, City Attorney-, have a few exceptions where we regulations. . Page Thirty, -one What is ours? Ours is part one and part the other. It is primarily a revenue raising, because it is generally uniform. We impose different or higher fees or other Councilman Snyder,o It seems to me that where we have poor busines_& practices or outright mal, business practices -that our Ordinance right now has no provisions for withdrawing the business license and in most cases the Better Business Bureau doesn't do -anything for these people who are harmed by a businessman operating under our business license. Many people have the impression that once we issue a business license to somebody that we are actually approving them or giving permission for them to operate. Mr. Williams, City Attorney.- You are entitled to have in this City a provision for "y�tVtcatic)n which does require notice of nearing before you can revoke but you must consider it very carefully because if it applies to those fields where a City is not allowed to regulate, for example - contractors who are regulated by the State, then you invalidate it. So you can insert such a provision in your Business License Ordinance as long as you make it clear that it applies only to the areas and fields that the City is entitled to regulate. You can't deny a doctor the right to practice, or a contractor the right to do business, it is not up to the City. It is purely revenue. He pays his fee and gets his license. Councilman Snyder-, I think we did pass anordinance regarding revoa-ation on c-ertain it -ergs enough. and I am wondering if it goes far (THE CITY CLERK STATED SHE WOULD GET A COPY OF THE ORDINANCE OUT FOR REVIEWING.) Councilman Snyder: There were -some paint-s.brought-D.ut-at the League of California Citie-s-meeting the other night, which are merely informational but for instance, under state law a life care institution is exempt from property tax. This does not include many luxury type life care type apartments requiring high rent which goes to a single owner - he also is exempt from a property tax. There is a move on withi4 the League to attempt to change this law and I am wondering if the Lark Ellen Towers falls within that provision. Mr. Williams, City Attorney.- That is the Welfare exemption, I don't think Lark -Ellen Towers falls under that, although I don't know. Councilman Snyder: According to the League. it applied to any body .that could get an -application for a life care institution whether they are a money making operation or not they are exempt from roperty tax. There is nothing we can -do about it here but -I wanted to let you know that the League is attempting to do something about It. Also the real property transfer tax which the County is apparently going to pass which is 55¢ per so many hundred dollars which will go in effect around the first of the year, we are allowed to pass a similar ordinance for 27-10. Also the League is going to ask that all Cities uniformly raise their hotel -Motel tax from 4% to 5%.. —31 — Co C. 10-9-67 Page Thirty-two COUNCIL COMMITTEE REPORTS Mayor Krieger,, Mr. Gillum, you have some comment on the Business License? Councilman Gillum-0 Not on the Business License, Mr. Mayor, but on Dr. Snyder's statement ® and I is accept it this way and I hope the Chamber does ® that Dr. Snyder's -very strong statement3were not meant the way they were given. I do want to say I disagree with.Dr. Snyder's interpretation of the Chamber's action, They were upset, justifiably so,, at the first meeting ® but I think the Chamber and their Committee have made suggestions and also publicly -stated that they felt this type of Business License proposal had been given long and serious consideration by the staff and I think -the Chamber Committee has worked with the staff and the City's Committee in trying to do the best job possible in this area and I don't want the impression left that the Chamber is standing up screaming at the Business License Ordinance being proposed, because they are not. Mayor Krieger: Mr. Aiassa, what stage is this at in terms of coming back to the council now after the action at the last council meeting? Mr. Aiassa, City Manager: We were waiting for Mr. Williams to come back and Wednesday we are going to ge t together on it and get It ready for Mayor Krieger-, We will then anticipate something Councilman Gleckman has indicated. I think the Council ought to determine whether or not you are going to hold a public hearing on this matter-. If so, then I think we had better set the whe-els in motion as soon as possible before we lose additional time. Councilman Gillumo. 1, for one, would like a public hearing on it. Councilman Nicholso As I oppose the entire matter, I don't want to hear it in any fashion. Councilman Snydero- I have no objection, I think it is advisable. Mayor Krieger-, Mr. Gleckman, you have indicated you are in favor of a public hearing? Councilman Gleckman.- Right. Mayor Krieger, So the record may be complete, I am opposed to a public hearing on this out in the public for months now. particular matter. I think it has been Councilman Gleckman: Wait a minute! I have some comments to make regarding your comment. First of all I was not the liaison nor were you, to the meetings with the Chamber and I think unless you have a lot more information from your liaison, your staff and the Chamber, than I have, I am under the impression that this last formula was given to the Chamber to comment on and to make remarks on in an hour's meeting andd-there is riot a formula that has been publicly aired for the last sometime, which you referred to. So therefore, unless you have more informationregardingwhat we discussed last Monday night in these chambers then you are wrong. Mayor Krieger: For the last two and a half years on this Council we have been talking about revisions and modifications of the Business License. The Committee came in to existence In April, 1967, with the idea in mind of exploring the question thoroughly. I didn't understand that this Committee had any mandate with respect to any - 32 C. C. 10i 9-67 Page Thirty-thre-e COUNCIL COMMITTEE REPORTS - Continued formula. They were asked to work with the Chamber on the entire subject matter. I don't know of anybody that was precluded anywhere along the line from participating in those discussions and we certainly did not • preclude,anybody from the adjourned regular meeting which was held on this matter to address the council if they desired to address the council on this subject. It is going to boil down ultimately to a question of policy that we are going to have to set. I don't ' know what can be presented to this council that we-haven-'t heard in many guises from many people in many months having to do with this entire subject matter.' The Council has indicated now that they are going to -hold a public hearing on it and I will look forward with great anticipation to the substance of the information thatis imparted to this council at that public hearing, not the formula but the substance, and that's why I am opposed to a public hearing. Councilman Snyder: I have one more thing. This is not a committee report but I feel strongly enough about it and I think it should be made from up here and that is to the effect that we have at the present time a Governor who speaks out of both sides of his mouth. He speaks in favor of local government and infact passed a cigarette tax and -other forms of tax bills which actually endangers local.govern- ment. Your power lies where your money lies. In the cigarette -tax it is a State tax and a SU h7eation to the Cities, which is not the gift it appears to be ana anyoody that tells you otherwise just does • not realize the facts. To. -many, the whole structure of local government in this State is in danger if this proce.s.s,goes on. This is done under the guise of conservatism, which to me in its true form is alright but ithasbeen pr-efe-rre,d by tho-se.who support our Governor in the Re-pLublican .party ..in. this State. For instance, the other night I heard one of the most vocal -applicants of conservatism..onTV.in discussion with a Negro doctor regarding Civil Rightsmovementand Mr. Buckley, and I merely -give this as an example of what is being p4t over,.on pe-ople.at the local -level, he made -a statement that as con- servatives we really believe in your movement and will do everything ye gn to helg you --but UMulpt --realJz-e_1t1;mtnobQdy J.-s --going- to ei;d er the r family r go out P their way o he 1p you in your. movement. fig whale point -I am _attemptAng. to -make _here -1s this is_d=.o.ns1.st.ent be -cause the same people will turn around and ask you t.o.-.emAanger your fam.1-1-yand,go out of yourway to fight the war in Vietnam, yet they will -not --agree that. you should go. out of your- -way to do. anything for the down -trodden_ people in your own -Country. -These are the people that ..surround our Governor and until this -whole --movement -or the pemAu1um__awJ.ng.s. -then we _have to -.hang ..on -and --fight at the -local 1evel. I have to say -this publicly and 1 -honestly believe as Ae.eply ..as I!can feel it that .local -g-overmment --as we...hay.e -known --it -in the past in California is in danger. Again this may be my swan song. DEMANDS- Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council approve demands totalling $442,360.59 as listed on demand sheets B339 and C552-54, with the deduction of $160.00 on demand sheet C552, and that this total include-s-payroll account and time deposits. Motion carried on roll call as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES- None ABSENT-:, Won , 6 - 33 - I qp C. C. 10-9-61 Page Thirty-four Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that there being no further business, council adjourn at 10:10 P.M. ATTEST City Clerk APPROVED Mayor � 19d7 m34-