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10-23-1967 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA OCTOBER 23, 1967. The regular meeting of the City Council was called.to order by Mayor Krieger at 7030 p.m., in the West Covina City Hall. The Pledge of Allegiance was led by Councilman Snyder. Invocation given by the Reverend Don Harrison, West Covina Church of the Nazarene. ROLL CALL Presents Mayor Krieger, Councilmen Gillum, Nichols, Gleckman, Snyder. Also Present.- George Aiassa, City Manager Herman R. Fast, Public Service Director Owen Menard, Planning Director Lela Preston, City Clerk Harry Williams, City Attorney (Arrived 7:35 P.M.) APPROVAL OF MINUTES October 2, 1967 ® Approved as corrected. iCouncilman Snyder.- A correction on Page 16. My statement should read "No, I thought they would be included" m remove the word "not". Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council approve the minutes of October 2, 1967, as corrected. October 9, 1967 ® Approved as corrected. Mayor Krieger.- On page 6, the statement made by Mr. Menard, Planning Director, third paragraph, the word should be `prati-iication." And on page 31, third paragraph, statement by City Attorney, the word should be "revocation" instead of"ratification." Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Council approve the minutes of October 9, 1967, as corrected. CITY CLERK'S REPORTS PROJECT SP-6407®1 LOCATION-, Azusa Avenue, Cortez Street to STREET IMPROVEMENTS Garvey Avenue. J. RULLO ENTERPRISES Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried that Council accept street improvements under Project SP-6407-19 and authorize the release of Pacific Indemnity Company performance bond No. 260870 in the amount of 066,221.54. 1 r C. C. 10-23-67 Page Two • CITY CLERK'S REPORTS Continued PROJECT SP-68007-1 APPROVE PLANS & SPECIFICATIONS LOCATION.- Glendora Avenue, Garvey SIDEWALK CONSTRUCTION & Avenue to Walnut Creek Parkway LANDSCAPING Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried that Council approve plans and specifications for sidewalk construction and landscaping, and the City Engineer be directed to call for bids. PROJECT SP©68008 LOCATION. Puente Avenue, Nora to Sunset APPROVE PLANS & SPECIFICATIONS Avenues. STREET IMPROVEMENTS Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that Council approve plans and specifications for street improvements under Project SPm68008, and authorize the City Engineer to call for bids. PROJECT SP-68006 LOCATION.- Cameron Avenue, Azusa Avenue RIGHT-OF-WAY DEDICATION to Hollenbeck Street. RESOLUTION NO. 3686 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA AUTHORIZING EXECUTION OF A QUIT CLAIM DEED." Mayor Krieger: Hearing no objection, waive further reading of the body of said resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the Council adopt said resolution. Motion carried on roll call as follows: AYES.- Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES.- None ABSENT.- None RESOLUTION NO. 3687 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, seconded by Councilman Gillum, that Council adopt said resolution. Motion carried on roll call as follows: AYES.- Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES.- None ABSENT.- None DEL NORTE PARK LAND ACQUISITION LOCATION. Sunset Avenue DEDICATION FOR STREET RIGHT-OF-WAY RESOLUTION NO. 3688 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF TIM CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." 2 • • C. C. 10-23-67 CITY CLERK'S REPORTS m Continued RESOLUTION NO, 3688 ® Continued Page Three Mayor Krieger-, Hearing no objections, waive further reading of the body of said resolution. Motion by Councilman Gillum, seconded by Councilman Gleckman, that the Council adopt said resolution. Motion carried on roll call as follows: AYESs Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES0 None ABSENT-, None RESOLUTION NO, 3689 The City Clerk presented: "A RESOLUTION OF THE CITY OF WEST COVINA ADOPTED 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 the Council adopt said resolution. Motion carried on roll call as follows: AYES-, Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES-, None ABSENT-, None PROJECT TS-6407 LOCATION-, Azusa Avenue at South Garvey CITY-STATE PARTICIPATION Avenue, AGREEMENT No. 2199 MODIFICATION OF EXISTING TRAFFIC SIGNALS , Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council receive and file City Engineer's report dated October 19, 1967. u RESOLUTION NO. 3690 ADOPTED Mayor Krieger: rTh;e.City Clerk presented: ''A �­ RES OLUT ION OF THE CITX. . COUNCIL OF I THE CI-TY OF -WEST COVINA APPROVING ,CITY=STATE PARTICIPATION AGREEMENT NO. 2'199.AND. AUTHOR I Z'INO . THE MAYOR .AND CITY.,CLERK TO EXECUTE SAME" Hearing no objections, waive further reading of the':body•of said resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the Council adopt -said resolution. Motion carried on roll call as follows: AYES-, Councilmen Gillum, NOES-, None ABSENT:" None Nichols, Gleckman, Snyder, Mayor Krieger (MAYOR KRIEGER ADVISED THAT THE HOUR'OF 8 O'CLOCK NOT YET ARRIVING, SCHEDULED MATTERS m ITEMS-7®8m9®10 WOULD BE PASSED AT THIS TIME AND PLANNING COMMISSION ITEMS DISCUSSED.) 3 0. 0. . 10-23-67 Page Four PLANNING COMMISSION TIME AND TEMPERATURE SIGNS Mr. Menard, Planning Director: A recommendation has been forwarded to the City Council recommending that it be incorporated in the Municipal Code. I think the City Attorney has the material on this. Mayor Krieger: The council has received the report dated October 5, 1967, from the Planning Commission, any questions on the report? (None) Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the City Council direct the City Attorney to prepare for inclusion in the Municipal Code the addition of 8425 and the addition of 8425-1, as contained in the memorandum of October 5, 1967. ACTION OF OCTOBER 18, 1967 ® Presented in summary form by Mrs Menard, Planning Director. Mayor Krieger: There has been an appeal on the first item? Mr. Menard, Planning Director: Yes, Zone Change 383 has been appealed. The hearing is set for 11-13-67. Councilman Nichols: Mrs Mayor, as a matter of clarification, may I ask the Planning Director to define • have a meaninghere? a two story garage as it is understood to .. Mr. Menard, Planning Director: In this particular case the lower portion of the garage will be used to house automobiles and the upper portion is to be a recreation room with an out stairway leading up to the recreation rooms At present it is a partially existing garage, because a stop order was put out on it because of the height violation on the construction that was 'taking place, and therefore, a variance was requested to bring into conformance. The Planning Commission saw fit to grant the variance. (THERE WERE NO FURTHER QUESTIONS.) RECREATION AND PARKS COMMISSION None PERSONNEL BOARD. (City Clerk requested that the item to review minutes of October 3, 1967, be deleted. The Mayor agreed to the deletion if agreeable with the council.) Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this item be deleted from the Council agenda. • HUMAN RELATIONS COMMISSION None GENERAL MATTERS ORAL COMMUNICATIONS (Because of the early hour, the Mayor held this item over until later in the evening,) . ® 4 Ce Co 10-23-67 Page Five WRITTEN COMMUNICATIONS LETTER FROM COUNTY BOARD OF SUPERVISORS REGARDING PROGRESS REPORT ON IMPLEMENTATION OF REAL PROPERTY TRANSFER TAX Mr. Aiassa, City Manager-. I would like to have this item:held over until November 13th, if Council • has no objection. Councilman Snyder-. I might comment that the committee of the L. A. League is going to study this and make a recommendation to the Cities in the immediate future, they are starting on it now. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried.., that the Council receive and .file this item, ®®mmm®-- LETTFR FROM LEAGUE OF WOMEN VOTERS REQUESTING TIME ON OCTOBER 23rd AGENDA. Mrs. Alice Parsons,, President Mr. Mayor and members of the City League of Women Voters and a Council, the League of Women resident of the City Voters of West Covina wishes to extend to you the commendation of our organization for your continuing leadership in the several areas of community concern. To digress a moment and give you a little background on why we are here this evening, m the West Covina League conducted a study of the • recreational and cultural facilities of the City in 1960-61 and from that study we arrived at an action position in support of those measures deemed best for the recreational and cultural development of the community. It was under this position that we supported and actively worked for the passage of the May, 1965, bond issue to construct a City Hall and Police Headquarters, swimming pool, and park site acquisition, and land acquisition for a Wilderness Park. In 1962 the League. -conducted a study of the proposals of city 81anning with:a support position favoring periodic review of the eneral Planand madde our views known to the City Council at that time. All this is by way of pointing up that 7 years have elapsed since the adoption of our recreational and cultural facilities position and 5 yei,rs since the adoption of the rertodic review of the General Plan position, yet both positions are currently pertinent to the progress of the community. gue of of the City of West Covina wisheshforetoe.m c.omendhthee1967 Cityomen Councilers for its current leadership in planning to construct the .city°s first swimming pool, the current review of the General Plan with -an eye to revision, your concern for the development of a city.auditorium with recreational and cultural potential. The League shall also be watching with great interest the Citizens Committee study of possible charter status for the City. We applaud your efforts in behalf of community progress and the involvement of citizens on study committees. Finally, I wish to introduce to you this evening the two permanent League observers of the West Covina council • meetings who will be attending on a continuing basis in the r3ext few months - Mrs. Ma orieWelsh and Mrs, Barbara Petragha . Councilman Snyder.- May I ask you on the -Blue Ribbon Committees has the League attempted to send. delegates? Mrs. Parsons-. We have had several women of the`League sitting on the Blue Ribbon Committees but we have not per se sent delegates as representatives, but they have reported back to use I believe, 5 Ca Co 10-23-67 Page Six WRITTEN COMMUNICATIONS ® Continued LEAGUE OF WOMEN VOTERS - Continued myself and Mrs. Brady did sit on two committees earlier this Springy as delegateB. Mayor Krieger: Mrs, Parsons, it is encouraging and refreshing for a change to have this type of communication presented to the Council. I am sure that all of us are gratified by your comments. We do appre- ciate them. We welcome the continued representation by members of the League at our meetings. LETTER FROM DIVISION OF HIGHWAYS REGARDING HUNTINGTON BEACH FREEWAY Mayor Krieger: We have a letter dated October 17, 1967, with enclosures from the Division of Highways having - to . do . with . the _.Huntington Beach Freeway hearings. Councilman Gleckman: I would request that we ask the City Manager to have staff representation at these meetin so I will try and attend, but I think we should have staff.officially here, • Mayor Krieger: Mr. Aiassa we had representation previously, and that was you - could we meeting-? (Agreed) have equal, representation at the second Motion by Councilman Gleckman, seconded by Councilman Gill-4m, and carried, that Council receive and file -the communication, COMMUNICATION FROM STATE DIVISION OF HIGHWAYS REGARDING OUTDOOR ADVERTISING ACT Mayon Krieger: Communication from the Division of Highways dated October 9, 1967, the Planning Director has appended a memo dated October 20, 1967, it suggests no action is needed except to receive and file, Councilman Snyder: However, there is one error in his reasoning. Under our present Sign Ordinance this. is true, but sho_u1d our Ordinance be changed then it seems to me it would be pertinent to pass this resolution and it seems to me there would be no harm in passing it incase in the future our Ordinance should be changed. Mayor Krieger: But how could an applicant under our present Ordinance which prohibits it, possibly present a certificate of zoning compliance? Councilman Snyder: All I am saying is if the Ordinance should be changed in the future at least this would be on the books as something to be complied with, in case the whole matter is forgotten by that time, Mr. Williams, City Attorney: I read the comments from the Planning Director and frankly had not considered the point that Dr. Snyder raises, I thought the comments of the Planning Director were good, 6 C. C. 10-23-67 WRITTEN COMMUNICATIONS Continued STATE DIVISION OF HIGHWAYS OUTDOOR ADVERTISING ACT o Continued Councilman Snyder, Page S6ven I agreed with him too, but I say maybe that doesn't go far enough. Mr. Williams, City Attorneys It would seem to me though that it would be quite possible if the Sign Ordinance were changed to adopt the resolution at that time, but a little bit inconsistent to adopt a certificate of compliance when there is nothing under our Ordinance that they could comply with. Councilman Snyder-, But if we did adopt a resolution obviously there would be no action under it except it would be on the books. Mr. Williams, City Attorneys I don't think it would hurt anything. Mayor Krieger-, I think that is the problem m if we have it on the books when it is inconsistent with what else we have on the books ..... I.am sure 'the Planning Department keeps these things flagged so if it came up under a Sign Ordinance they would have this matter in mind for council consideration at that time. Mr, Aiassa, City Manager. And also it would be tied down to the City Clerk's cross file. • Councilman Snyder-, Well if it is done that way I am for it, but I am saying our present ordinances neither do resolutions..... don't protect us forever, of course, Motion by Counoil.man Gillum, seconded by Councilman Gleckman, and carried, that the City Council receive and file communication from State Division of Highways regarding Outdoor Advertising Act. CITY ATTORNEY CITY ATTORNEY TOOK ITEM 14 PRIOR TO ITEM 13 ORDINANCE NO. 1011 The City Attorney presented-, "AN ORDINANCE OF TIME CITY COUNCIL OF THE ADOPTED 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 Gleckman, seconded by Councilman Snyder, and carried, that Council waive further reading of the body of said Ordinance. Motion by Councilman Gleckman, seconded by Councilman Gillum, tbat the • City.Cojxncil adopt said Ordinance. Motion carried on roll call vote as follows o AYES-, Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger NOES-, None ABSENT-. None -7® • • 0. C. 10-23-67 Page Eight CITY ATTORNEY m Continued ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES (Zone Change No. 381. Mr. and Mrs. Bernard Mazelsky) Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that Council waive further reading of the body of said Ordinance. Motion by (councilman Gleckman, seconded by Councilman Gillum, that the City Council introduce said Ordinance. Motion carried. RESOLUTION NO. 3691 The City Attorney presentedo BeA RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA AMENDING THE PERSONNEL RULES AS ADOPTED BY RESOLUTION NO. 1276 of THE CITY COUNCIL OF THE CITY OF WEST COVINA RELATING TO ACTING TEMPORARY_ POSITIONS. Be 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 resolution. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger NOES: None ABSENT: None AUTHORIZATION TO FILE SUIT AGAINST PRINCIPALS AND SURETY ON GRADING BONDS COVERING TRACT NO. 29126 Mr. Williams, City Attorney: This is the case on the grading of the property that we had an executive session on. Yau never took official action on the minutes that would authorize me to bring suit. I am not positive a suit will be necessary. I talked to one of the partnere in the firm representing the bonding company today but unfortunately he was not sufficiently familiar to advise whether or not there might still be a chance of settling as long as no earth needs to be imported but in the event it is not I think that the only course we can take is either that which I then recommended or that you confirm what you rec_om -ndad _and .if that .is your wash I thi it should be on the records of the City Council.minutes because it is not now. Having this authorization does. not mean that I would do it if I had a ohs=e to settle. Mayor Krieger-, The agenda note is consistent with the Council discussion with regard to pending litigation at the executive session o is there a motion on 'this matter? Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Cn uncil authorize the filing of a suit against the principals and surety on grading bonds covering Tract No. 29126 be givento the City Attorney. Motion carried, all were in favor. 8 C . C . 10-23-67 Page Nine SOHEDULED MATTERS HEARINGS STREET VACATION OF A CERTAIN LOCATION.- PORTION OF MERCED PLACE PROTEST BEARING Merced Place between Glendora Avenue and Merced Avenue. Hearing of protests or objections set for this date by Resolution No. 3675 adopted on September 25, 1967 - hold Public Hearing for vacation of a portion of Merced Place. Mayor Krieger- Madam City Cler4 do you have the affidavits of Publication and posting? Lela Preston, City Clerk.- I have. Motion by Councilman Gillum, seconded by Councilman Gle_ckman, and carried, to receive and file affidavits. Mayor Krieger- Mr. Fast, as the Public Service Director do you have a statement to make regarding the necessity of public use of the proposed portion of Merced Place to be vacated? Mr. Fast, Public Service Director: This parcel at the westerly terminus of Merced Place is no longer needed for Street and Highway purposes due to the construction of the cul-de-sac at this location which permanently closed the Merced Place m Glendora Avenue intersection, However, blanket easements should be reserved for: Suburban Water Systems; Southern California Edison Company; Southern Counties Gas Company; and • the City of West Covina for storm drains and sewers., Mayor Krieger: City Clerk have you received any written protests against the street Place? vacation of a certain portion of Merced Lela Preson, City Clerk: I _have not received any, H YARONKRIEGER THEN STATED THIS WAS THE TIME AND PLACE FOR THE PUBLIC IN FAVOR None INFOPP.QS.ITION None Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the public hearing portion be closed, COUNCIL DISCUSSION: Councilman Gilluma Mr. Fast, if I understand this correctly the property would then go to the property owners? • Mr. Past, Public Service Director., Yes. This is a street vacation. The owner has at all times held an easement back to the original property ownd when we vacate the property padawfts R e VF'R -rs Councilman Gillum-, .The owner of this property is aware that he is receiving this property? Mr. --Fast, Public Service Director. - Yes. We have been in contact with him and he is drilling to retain his property. 0 0 C. C. 10-23-67 Page Ten SCHEDULED MATTERS Continued MERCED PLACE m PROTEST HEARING RESOLUTION NO. 3692 The City Clerk Presented: "A --RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA ORDERING THE VACATING OF A CERTAIN PORTION OF MERCED PLACE AND RESERVING AND EXCEPTING IN FAVOR OF THE CITY OF WEST COVINA CERTAIN RIGHTS AND EASEMENTS LOCATED THEREIN FOR PUBLIC UTILITY AND OTHER PURPOSES." Mayor Krieger: Hearing no objection, waive further reading of the body of said resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council adopt said resolution. Motion carried on roll call vote as follows. - AYE : Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOESs None ABSENT: None PROJECT SP-67012 LOCATION: Northwesterly corner of PROTEST DARING ON PROPOSED WORK Merced and Evanwood Avenues. 1911 ACT (SHORT FORM) Mayor Krieger: Lela Preston, City Clerk: Madam City Clerk do you- have the affidavits relative to the posting and mailing? Yes, I have. Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that Council receive and file. (MR. PAST, PUBLIC SERVICE DIRECTOR , THEN PRESENTED THE ENGINEER'S REPORT.) Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the Engineer's Report be received and filed as presented by the Public Service Director. Mayor Kriagero Madam City Clerk have you received any written protests? Lela Preston, City Clerk: Nov I have not. MLYOR.KRIEGER THEN ANNOUNCED THIS WAS THE TIME AND PLACE FOR THE PUBLIC HEARING. IN FAVOR None IN OPPOSITION None Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the Council close the public hearing portion. DISCUSSION BY COUNCIL. (None) RESOLUTION NO. 3693 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA INSTRUCTING THE SUPERINTENDENT OF STREETS TO TAKE CERTAIN - 10 C. C. 10-23-67 Page Eleven 0 11 • SCHEDULED MATTERS - Continued RESOLUTION NO, 3693 Continued Mayor Krieger-. °ACTION WITH RESPECT TO THE CONSTRUCTION OF CURB AND GUTTER, AND A DRIVEWAY APPROACH AND STREET IMPROVEMENTS PURSUANT TO SECTIONS 5870 ET SIR. OF THE STREETS AND HIGHWAYS CODE OF THE ST1TEOOF CALIFORNIA AT THE NORTHWEST CORNER OF EVANWOOD AND MERCED AVENUES," Hearing no objections. waive further reading of the body of said resolution. Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council adopt said resolution. Motion carried on roll call as followso AYES-. Councilmen Gillum,Nichols, Gleckman, Snyder, Mayor Krieger NOES-. None ABSENT-. None AMENDMENT NO. 80 Request to amend the zoning ordinance CITY INITIATED to allow a used car facility in Zone 0-3, approved by Planning Commission Resolution No. 1985. Mayor Krieger-. Madam City Clerk, do you have the affidavit of publication? 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 affidavit of publication, PLANNING COMMISSION RESOLUTION N0,•1985 was read by Mr. Menard, Planning Director. Mayor Krieger-, Mr. Menard, Planning Directors Is that the resolution, Mr. Menard? Yes, it is Mr. Mayor. MAYOR KRIEGER.ANNOUNCED THAT- THIS WAS THE TIME AND PLACE FOR THE PUBLIC HEARING, IN FAVOR IN OPPOSITION NONE Motion by Councilman. Gleckman, seconded by Councilman Gillum, that the pb.blic portion of said hearing be closed. Motion carried on roll call as follows o ATIES-. Oouncilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES-. None ABSENT-. None COUNCIL DISCUSSION IN ORDER. Councilman Snyder-. If you have a Cm3 zoning and you have no building connected with the used car- agenc is a Precise Plan required or can they just park cars on a vacant lot without black topping or anything? C o C o 10-23-67 Page Twelve SCHEDULED MATTERS ® Continued AMENDMENT No. 80 - Continued Mr. Menard, Planning Director: I would say that the Precise Plan would be required because the Precise Plan Ordinance covers much more than buildings, it covers off street parking, walls, dedication, street improvements, sidewalks9-street trees, etc., and includes use. Councilman Gleckma.n-, Mr. Menard, what happens if a man has C-2 and has an automobile agency can he have a used car .lot? Mr. Menard, Planning Director: The section that was amended is 9213... which is the C=3. The C®2 was left as it was, which would require anew car agency. Councilman Gleckman° Are you saying then that in the City of West Covina where we -have 0m2 and not C®3 ® if there is an automobile agency located there they are not allowed to have used cars on the lot for sale? Mr. Menard, Planning Director: No, the used car lot has to be an adjunct to or in connection,:with the now car agency. The amendment that is before you this evening would allow a used car lot as a free standing entity. Mayor Krieger-, I think the question originally came up when the_Plann Commission was. _asked to interpret whether this was within a • C-2 or 0-3 zone m we concurred in their judgment and sent it back for some action. Councilman Gleckman: Do you want to explain the vote? Mayor Krieger: Yes, it was a very interesting vote Mr. Gillum? Councilman Gillum: This had come before the Planning Commission on two previous occasions and it seems that each time it came up there was a member absent and it was evident from the conversation it would be a tied vote o 2 for and 2 against, and it appeared this way at the last meeting. Mr. Davis stated he had no feelings one way or the other, so in order to have a majority vote he abstained from voting, so the resolution could be forwarded to the City Council. Councilman Snyder-, As a matter of policy, are you allowed to abstain because you haven't made up your mind? Isn't that a second guess votw Mr. Williams, City Attorney-, N9-9: it is in effect an absence. Councilman Snyder: Technically shouldn't the person step down? Mr. Williams, City Attorney: Yes, the person can be requested by the chair to vote and if they don't vote to Is require a reason but if the chair doesn't require a reason..... This exact situatio-n-was passed upon by the Court. And if the vote is by a quorum it is the same as if the abstainent wasn't present, Councilman Gillum-, May I inject this; that Mr. Davis said he had not been in on the previous discussions and he felt he was not as familiar - this was part of his thinking on this. Councilman Snyder-, It is only my comment that our Commissions and certainly at the'council level, © 12 A 0 • C.-C. 10-23-67 Page Thirteen SCHEDULED MATTERS © Continued ANONDMENT NO. 80 Q Continued should vote or give a reason why they do not but just because you haven't made up your mind is not good policy, Councilman Gillum, It was difficult for him to decide either.way because he had not heard all, the testimony, Councilman Snyder-, Alright I accept that explanation but I personally would challenge anybody in the future that abstains from voting, Mayor Krieger, And apparently the chairman accepts it too. Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the City Council adopt Amendment No. 80 to the Zoning Ordinance and Municipal Code relating to the enclosure within Section 9213 as stated in the Resolution submitted by the Planning Commission; and direct the City Attorney to draw an Ordinance in accordance, AMENDMENT NO. 83 Request to amend Section 9218-1 of the CITY INITIATED Municipal Code regarding development standards on precise plans, approved by Planning. Commission Resolution No. 1986. Mayor .Krieger-, Mrs. Preston do you have -the affidavit of publication? Lela Preston, City Clerk: Yes. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that City Council receive and file the affidavit of publication. PLANNING COMMISSION RESOLUTION NO. 1986 WAS READ BY M. MENARD, PLANNING DIRECTOR. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON AMENDMENT NO. 83, IN FAVOR None. IN OPPOSITION None, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the :public- portion of the hearing be closed, COUNCIL DISCUSSION IN. ORDER. Councilman Gleckman: Mr. Menard, Planning Director: Councilman Gleckman-, Mr. Menard, Planning Director-, Councilman Gleckman.- 'Mr. Menard, basically does this have to do with the Landscaping that we talked about? This is correct. Does it have to do with walls? Very definitely. What is the situation when it comes to walls? M. MENARD EXPLAINED THAT THE SECOND PORTION OF PLANNING COMMISSION POLICY RESOLUTION NO. 1988 NOo 1 AND NO., 2 COVERED WALLS. 13 C O C... 10Q2y-6 p teen Page Fourteen SCHEDULED MATTERS Continued AMENDMENT NO. 83 Continued Mr. Mana,rd, Planning Directors A waiver clause has been placed into the Planning Commission policy which would indicate that in any particular development where the applicant did not feel that walls or the land- scaping requirements should be so restricted a waiver could be made and this waiver would reqquire a staff determination or recommendation for approval or denial of the waiver by the Planning Commission, so that when it got here to the City Council they would either grant or deny approval of the t eguest. Councilman Gleckmans, Thank you. Councilman Snyder-0 Would it be better to state or maybe you did - - walls or other suitable screening devices? Mr. Meted, Planning Directors. We say "comparable material". Councilman Snydero) But that means cement. Mr. Menard, Planning Directors._ We speak of solid concrete or masonry walks in both particular cases and the 3611 high wall we say "3641 high wall in masonry or decorative.wallBe. Councilman Snyders I sort of object to that being the only possible method of screening, I think there are times when hedges .... • Mayor Krieger, This is the course of action we took on the Azusa Avenue commercial where ultimately the wall was waived and a different type of screening technique was used. The procedure was established to do it. Motion by Counoilman Nichols, seconded by Ccun.cilman Gleckman, and carried, that the Council approve amendment No. 83 as stipulated in Planning Commission Resolution No. 1986„ and direct the City Attorney to prepare the proper Ordinance for introduction. ORAL COMMUNICATIONS 1.= CITY MANAGER AGREEMENT REGARDING SURPLUS PRO-PERTY FREEWAY AT ROLLENBECK Mayor Kriegers Is there anything to add to the report of October 13, 1967, Mr. Aiassa? Mr. A3assa, City Managers No, I believe the report is self- explanatory. Mr. Williams concluded we are in violation of the State of • California, Constitution. The proposal we are now considering with Stark's is a :cease with the Division of Highways and we -in turn have a lease with Stark's. Councilman _Snyderg Do we have a map of this? Mr. Aiaasa, City Managers It is surplus land fronting the Freeway. Approximately 50 to 31 parking stalls. It will work out rather favorably for them and for us because the commuters can use it during the day and at night they need it and at present it is nothing but a weed patch. © 14 - 0 • C . C . 10-23-67 CITY MANAGER - Continued SURPLUS PROPERTY - Continued Councilman Snyder. - Mr. Aia.se4 City Manager Mayor Krieger-, prepare two separate leases" is one lease. Page Fifteen Do we mare any money on this lease? No. The State is not making much either. I don't understand in one respect Mr. Aiassa, the first sentence of the report says - "it is advisable to and the lease that is appended to this Mr. Aiassa, City Manager-, That's right, but we couldn't jointly name the City of West Covina along with Starks. This is where we are in violation of the State Constitution. Mayor Krieger.- Your proposal is that the City enter a lease directly with the State Division of Highways or directly with Starks? Mr. Aiassa, City Manager-, Directly with Stark s. Mayor Krieger.- Then your next sentence is to direct the mayor and city clerk to execute a lease with the Division of Highways .... Mr. Massa, City Managers That is an error. Mayors? Krieger-, We don't have a copy of the. correct lease nor a correct statement as to what we are doing. Mr. Aiassa, City Manager: Actually the problem came about when the lease was submitted by the State representatives. We did not like it at the time both Mr. Williams and I reviewed the lease, and we found that under the State Constitution the City cannot enjoin with a private person to develop a private parking lot for a public lot, and that we cannot lead our credit or support to this type of agreement. In the meantime I contacted the State Division of Highways and they were preferable to do one or the other 4 directly a lease with the City or with Starkb but they wanted a lease and the City to participate because if it did not then the State would have to charge a higher rental per stall than they are now proposing to do. This will not cost the City anything per se. Councilman Gillum.- Has consideration been given to the traffic? (Mr. Aiassa-, Yes. ) And has' -,the traffic committee reviewed it? Mr. Aias.sa9. City Manager.- Our staff has reviewed it and also the State Division of Highways. Councilman. Snyder.- Shouldn'-t this come under a Precise Plan? Mr. Aiassa, City Manager-, Nov it is surplus land of the State. They are not developing anything but the parking area. parking lot. We do have a plan of the Councilman. Gillum-, What would concern me is we have two turns here and someone trading _ back and forth and this is somewhat below grade level here - I would like some assurance that we are not creating a real traffic hazard. ml5o C. C, 10-23-67 CITY MANAGER - Continued SURPLUS PROPERTY - Continued Page Sixteen Mr. Aiassa, City Managers, We reviewed with the Division of Highways and also with Stark's and the •ingress and egress as they submitted it has been satisfactory to the State as well as the City. Councilman Snyders this property for a parking lot. I am still wondering if we aren't by- passing our normal Precise Plan procedure. There is no Precise Plan on Mr, Aiassa,, City Managers This is a temporary arking lot and the lease is not a long duration lease, it has a termination notice of 30 d.A.vs cancellation. And right now it would keep the weeds out and help out people wlo park up and down Hollenbeck, Councilman Snyder: But somebody can come in later and say you gave Stark's a parking lot without a Precise Plan and now why can't we have one? Mr. Aiassa, City Managers This is strictly a temporary arrangement. Councilman Snydero That has nothing to do with it, Mayor Krieger: Mr, Williams let's get some clarification on this. The procedure, as I understand it • so far, can be done in two stages -whereas it cannot be done in one step ® joining with the private party to lease with the State Division of Highways, so what the City Manager is suggesting is a lease between us and the State Division of Highways and then a sub- lease arrangement, Mr, Aiassa, City Managers No, the base lease will be with Stark's and the Divia ion. of Highways and our lease will be with Stark s, Mayor Krieger: Then the basic lease is between the Division of Highways and Stark's Restaurant? (Mrs, Aiassa: Right.) Then is Stark's Restaurant leasing the ground that they are leasing from the State on a sublease to the City of West Covina? (Mr, Aiassas Right) Are we operating it as a part ina lot Mr. Aiassa, City Manager: No, strictly for public use. Mayor Krieger-, It is a fide line you draw, Mrs, Williams, City Attorneys As I understand it the lease from the State to Stark's will be the same as the lease you have before you except the City of Nest Covina will be �e.1 eted. They don ° t want-"jto make this lease unless there is a publi;: purpose involved.. So if Stark's shows the State that they have granted the city permission in daylight hours to •use this for commuter parking, Stark s will put in all the improvements, pay the rent and for some nominal sum like a #1.00 a year or something grant the city the right to use for public parking. Now as to the. question whether or not there should be a Precise Plan, in my opinion there should be, but not necessarily before the lease is approved, think it should be done before it is put in, Councilman Snyder: But legally there should be a Precise Plan. Mr, Williams, City Attorney: I don't recall if there was a Precise Plan presented for the Civic Center. There was a map approved, m 16 Co C, 10-23-67 CITY MANAGER Continued SURPLUS PROPERTY 4 Continued Councilman Gillum; Mrs Aiassa, City Manager: Page Seventeen Who is paying this cost? Starks. --C.ouncilman Gillum: We are asking for landscaping in order to beautify it.and I...think we are getting into the same areas we do with regard to anything that is being developed, in fact we just had an Ordinance this evening pertaining to landscaping, walls, etc., and I think if we as a City would authorize this without proper procedure we are going against what we just approved. Mr, Aiassa, City Manager: Well frankly if I was in Stark°s position or the State Division of Highways 4 why start proceedings if you don't even have an agreement on it? Councilman Gleckman: The way I look at this right now, first of all the State has gone through this procedure in many other communities. In our particular case what we are getting as a City, is an approved piece of land adjacent to the Freeway with all improvements being put in by the leasee and what we are doing it for is to maintain control within our City rather than have the State and a private party take some action on some property that is within the City, the City is in turn supervising. this project. It is being done at no cost to the City and is releasing •the traffic congestion off of Hollenbeck right now and also it is a temporary lease type where it can be cancelled within 30 days. It is taking all the parking of cars off Hollenbeck in and around the residential district and this is one way for us to establish some precedence of getting the surplus land tack to the City that the State has not relinquished in the past, Councilman Snyder.- There is only one thing, tf this is for commuter parking there are very few people that commutteastward anci there is no-. street under the freeway here and I can't conceive that it will .be used for public parking to any great extent. Secondly, if it is for public use are you going to have a sign so stating? Mr. Aiassa, City Manager: Yes, it will be posted. Councilman Snyder: Third, the City Attorney has stated that a Precise Plan is needed and I don't think we should avoid the procedure, Mr. Aiassa, City Manager-6 Nobody has denied that, Councilman Snyder: And if there are some unforeseen expenses in this lease, is the City protected? Mr. Aiassa, City Manager: Yes, Actually for the Council's back- ground, we have negotiated with the surplus property and this Division of Highways back in 1963 for this is .part of the original requirement we had, at that time the City had assumed the responsibility of actually basically improving the surplus land and I have it in writing. Mayor Krieger: I think the objective is admirable, but what bothers me is the way we are getting sublease before there is a to it. We are really talking about lease and we are talking about the implementation of the lease in terms of parking without ever having talked about it in terms of zoning or in terms of a Precise Plan. Would it not suffice at this ® 1.7 Ca Co 10-23-67 Page Eighteen 9 • CITY MANAGER ® Continued SURPLUS PROPERTY - Continued juncture for us to give the State Division of Highways a memo of intent or something indicating that we are prepared to''enter into a sublease with Stark's for public purposes to justify their masterlease with Stark's for the property and then refine this thing as we go along as far as the zoning, Precise Plan and terms of the sublease. Mr, Aiassa, City Manager: That was going to be my recommendation to the Council after Mr. Williams and I reviewed it and he gave me copies of the State Constitution to ask the Council to authorize the City Manager and the City Attorney t-o review the lease agreement that goes to Stark's and be sure that we are covered in all aspects, and also that we be authorized to review the proposed lease that the City will be signing with Stark's, and also advise Mr. Stark of the legal proceedings Councilman Gleckman: I might also add, Mr. Mayor, that the State and the people who represent the State regarding this particular piece of property have put in a lot of time on this and I think they have come up with an excellent job to set some type of pattern for us to improve our surplus land rather than leave it just set there, Mayor Krieger: Yes, I think that is a fine approach, Councilman Snyder: The only thing I am concerned about, I can't think of anybody commuting eastward on buses. Mr. Aiassa, City Manager: This isn't buses; this is for people that share rides. Mayor Krieger: The matter has now been modified to a statement of intent m a motion would be in order. Motion by Councilman Nichols, seconded by Councilman Gillum, that the Council direct the staff to prepare a formal letter for the signature of the Mayor on behalf of the City Council to the State Division of Highways indicating our desire and official intent to enter into a sub- lease with Stark's Restaurant for public purposes of the land adjacent to Stark's Restaurant now known as surplus State Highway property. Councilman Snyder: I object to this because I can't conceive of this area being used for public use and therefore I don't like to use the word subterfuge but I can't think of a milder word at this time but I don't think the City should set such a precedent, Councilman Nichols: I would like to respond, Mayor. Actually Dr, Snyder it has been my observation that at practically every patch of State owned land in the entire area from the San Gabriel Valley Freeway easterly is loaded -with automobiles during the day -and in fact I have often during the day had occasion.to pass near or in the vicinity of Stark's -and I have Renenbgriat many carp parked both out in this dirt area and southerly on Avenue on both sides of the street. I have no knowledge whether they were all employees of Stark's or commuters or what, but it is rather apparent to me that there is a considerable use of these areas imm���� can pirk,, a jace t inkei nt s �sfimpTHeefan epos e , ands vs iouldybe, can a�°k. �o wo that it will indeed have considerable amount of use during the day. Councilman Sn der; I go down th Fr ewa oo but I have 't y recalled see ng �otsyo£ cars parked in the vicinity. I am aware of the cars parked at Stark's but at the hours I have seen them I have concluded t',.- t 18 C. C. 10-23-67 Page Nineteen • • CITY MANAGER - Continued SURPLUS PROPERTY - Continued that they are Stark's customers. I agree they need parking but I don't think it is the City's Job to furnish that parking. I think we are setting a dangerous precedent in doing thik. Mayor 1rieger: Is there further discussi-en o if not, roll call vote m please. Motion carried on roll call vote as follows. P AYES- Councilman Gillum, Nichols, Gleckman, Mayor Krieger NOES- Oauncilman Snyder ABSENT- None REQUEST FOR FUNDS TO REPAIR ANTIQUE FIRE TRUCK Motion by Councilman Gleckman, seconded by Councilman Gillum, that Council authorize the transfer of 4500 from.the Account No. 125-6519 to account 761-51 for the purpose of repairing the City's 1923 LaFrance Fire Engine. Motion carried on roll call vote as follows- AYES- Councilmen Gillum, NOES: None ABSENT- None REVIEW BOARD 'MINUTES 10-9-67 Nichols, Gleckman, Snyder, Mayor Krieger Motion by Councilman Gleckman, seconded by Councilman Gillum and carried, that Council receive and file Review Board Minutes of 10 9 6t. LETTER FROM J. E. COMER Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that Council receive and file letter from J. E. Comer, and the Mayor notify the petitioners of the above action indicating that the City will perform the best maintenance practicable at the location in regards to the memo .of October 18, 1967. REQUEST OF EDWARD WELLS FOR PERMISSION TO TAKE DELIVERY TRUCK ACROSS RESIDENTIAL STREET Motion by Councilman Gleckman, seconded by Councilman Gillum., and carried, tha this matter be referre to the Ctty Tiaffic Committee for .further cons deration and recommenda ion back o the ity Council. CAR LEASING PROGRAM Motion by Councilman Gleckman, seconded by Councilman Gillum, that this be received and filed. Councilman Gleckman- One question ® this will come back to the Council automatically, Mr. Aiassa? Mr. Aiassa, City Manager- Yes. 19 C. Co 10-23-67 Page Twenty • CITY MANAGER - Continued CAR LASING PROGRAM - Continued Councilman Nichols- The report from the Controller to the City Manager rather indicates the staff is in process of preparing a city agree- ment for the Council to act on, which implies the City Council's automatic desire to move into this area, that is to extend the lease program for another year. Actually I believe a policy katter is involved here if the Council should desire to bring this back for further discussion at a later time, and that is whether in fact we are yet at the point where we could begin, as a City, at Least partial purchases of our own fleet. These costs of 4135. a month being quoted for the vehicle plus our maintenance program are considerably different than the costs of some years back, and we are moving into a higher cost area. I would not by any means intend to implyy-a feeling that we should or should not do this but just that it perhaps would be in order for the Council to request the staff to present to the Council some analytical information in terms of the value of leasing versus fleet ownership, so that in this year we might consider the alternatives that might be open to us, Councilman Snyder- As I recall Mr. Kay prepared such a report in great depth back in 1964. Councilman Nichols: And at that time he said that possibly the City would reach that point when we could support our own. Councilman Snyder- Maybe that report could be updated. Mayor Krieger- Mro.Aiassa, was this triggered by the communication _from Mandy Williams which the City Attorney indicated we cou.ld not comply with, and. It opened the whole subject "of car leasing? Mr. Aiassa, City Manager- The present lessor has an option and he executed his option not to continue our lease and the termination date is as of January 19 1968, and as you realize it is going to take time for us to transfer these cars with another Leasing contractor and this is why we are trying -to negotiate the lease well enough in advance. Now, as far as the stiff, they have looked over the situation that Mr. Nichols outlined and we find that with this present lease we now have received that it is just as good as the lease we now have with Mandy - Williams, Mayor Krieger- If there is sufficient interest by the Council on this matter I would think the motion ought to be adopted to receive and file the report and then a further staff direction asking for the return a'Y material on this matter for further review, We haven't reviewed since ,the 1964-165 budget discussion. If there is sufficient interest I would think that a motion should be adopted for receiving and filing and then a 'further motion. Councilman Nichols: Mr, Mayor, let me make one more comment. The only matt-er here essentially that creates the comment that has come from me this evening is that 2 or 3 years ago when.I brought_the_matter up. at budget time the City Manager's comment to the council at that time was that our facilities were in no condition to maintain vehicles and now you will possibly have a proposal that will involve maintenance of vehicles and I thought I would like some more indepth explanation than just a final agreement brought before me for approval. Mr. Aiassa, City Manager- We will actually not do the physical maintenance except for the minor things, charigin oil, etc. The main maintenance will be done first of all under a 50900 mile warranty and the proposal 20 Ce C. 10-23-67 Page Twenty-one CITY MANAGER - Continued CAR LEASING PROGRAM - Continued we are going to submit to the Council is with a local agency that will furnish the car and we will have a maintenance agreement or a flat.rate for -certain maintenance repairs. Councilman Gleckman: I was.going to comment that in -review- ing some of the prices that some of the. other cities pay for automobiles this is below by 430, which I know one particular City of clsmparable size to ours, pays, and also I was thinking from the standpoint that by buying our own cars instead of the lease pattern - if this would be lucrative or save us any money I would think that Mandy -Williams for one would have been more than willing to have continued the lease and I feel because of the inability to get his money out of the automo_bi.les once they are returned to him is basically the main reason for hi-s dropping the lease option he had with us so if somebody in private business came out with the same lease and same price I don't see how that we. -as _a City who are not involved in selling automobiles are going_ to do any better, Councilman Gillum: This concerns me on this warranty. As I read the warranty on these automobiles they have to have maintenance done on certain parts at certain times. I understand that we are going to change the oil and do the minor maintenance work? Mr Aiassa, City Manager: We haven't worked out the details as yet, Councilman Gillum: I know the warranty I have -on my car that if it is done outside other than an authorized dealer it -therefore makes that area not under warranty if it should fail. Mr. Aiassa, City Manager.- We are actually working out these details with the lessor and these things will be adjustable in our agreements. There will be two separate agreements, one will be on the actual leasing and the other on the maintenance and if the maintenance is unsatisfactory we won't take it. I would like to express to the --Council that it is a tough situation the retailing or disposal of 14 police cars. I believe this.is where our present lessor was put into a little bind. These cars are not *ery readily sold and the State law makes it mandatory.,..,., Mayor Krieger: ordered, Lets keep these as separate items - further discussion on the motion to receive and file? No objections, so Motion by Councilman Nichols, seconded by Councilman Snyder, and carried, that any comparative data on leasing versus purchasing of police car units be made available to the Counc-il not later than at the sametime the detailed information concerning the proposal for leasing is presented to the Council, Councilman Snyder: This could perhaps be accomplished by • updating Mr. Kay°s report, but it seems to me our big problem is maintenance, but there is nothing wrong in reviewing it, eo�,000®°oo�om STANFORD RESEARCH INSTITUTE PROPOSAL FOR UPDATING AUDITORIUM REPORT Motion by Councilman Gleckman, seconded by Councilman Gillum and carried, that the City Manager, and Councilman Snyder act as a Council Committee, review the proposal and make recommendation back to the City Council. 21 C. Co 10-23-67 Page Twenty-two 0 CITY MANAGER - Continued FIRE PROTECTION MUTUAL AID AGMMENT STAFF REPORT Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council authorize the City Manager and Fire Chief to negotiate with the�.Cities involved and draw up a suitable mutual aid agreement, wh4.&.h will then be returned to the Council for approval. Councilman Gillum: Mr. Aiassa, do we not pay a certain amount to the County of Los Angeles for somewhat of a mutual aid where the County is to supply us with additional equipment if need be? Mr. Aiassa, City Manager-, Councilman Gillum: Mr. Aiassa, City Manages You pay the county share under your County taxes but there is no per se written mutual agreement. We do pay around 0509000 a year, do we not? Out of our general contractural fund - I don't know. Councilman Gleckmang, I think we pay 5¢ ....... Mr..Williams, City Attorney-, You don't pay anything except for parts of the City. Consolidated Fire Protection does not include the City of West Covina with the exception of a few very small portions, other than that you pay nothing except what they call the Mountain Pattern Attack which is a frac- tion of a cent. Councilman Gillum: I understand that we pay 5¢ and the point I am trying to make, and if I am wrong I would like to be corrected - it appears that we have a mutual aid with these other cities and we also pay the County. Mr. Alas-sa., City Manager: No. Councilman Gillum-, Are we paying 5¢ to the County for any fire service? Mr. Williams, City Attorney-, No. Councilman Gleckman.- I would request the City Manager to look into this matter and report back to us at the November 13th meeting. Councilman Gillum seconded the motion. Councilman Snyder,. Nowhere in the tax bill does it say we pay 5� to the County, nor did we see it in the Budget I don't know why we need a report like this. Mayor Krieger.- Is -there further discussion on the report? Is there further discussion on the motion to request staff to make a • report on this and report back to Council? Any objections? So ordered. (MAYOR KRIEGER ANNOUNCED A RECESS AT 9 P.M. COUNCIL RECONVENED AT 9:13 P.N INTERIOR.DESIGN CONSULTANT AGREEMENT - INFORMATIONAL Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that Council receive and file. �0 C. c. 10-23-67 Page Twenty-three CITY MANAGER - Continued MAYOR AND CITY MANAGER TRIP TO SACRAMENTO 11-15-67 INFORMATIONAL Mayor Krieger-, A report of September 23rd substituted today with some material, any comments Mr. Aiassa? Mr. Aiassa, City Managers This is a specific brand new request, and maybe the Mayor would like to enlighten the council that we have now specifically been .`placed on the agenda of the State Division of Highways Commission in Sacramento and there will be a meeting on November 15 and 16, and I think after the publicity in the newspapers, etc., that you are aware of the facts. Mayor Krieger-, There were a couple of preliminary meetings with representatives of neighboring communities, institutions and large land developers to acquaint them with the situation having to do with the proposed Grand Avenue interchange and more specifically which would require local jurisdiction to absorb the cost of right-of-way acquisition. We indicated to these neighboring communities, etc., that we felt it would be a great injustice and inequity on the City of West Covina and asked for their assistance in presenting a unified position to the State Division of Highways on this matter. Each of the neighboring communities Including Covina, Azusa, San Dimas, Glendora, Walnut, Trans America Development Co., Cal -Poly, Mount San Antonio, and Vernell -• pauley adopted resolutions in form and substance similar to that adopted by the City of West Covina asking the State Division of Highways • to absorb in essence the cost of the land acquisition for the proposed Grand Avenue interchange. On October 13th we had a meeting with Supervisor Bonelli, in his office in Los Angeles with all the communities represented, also the institutions. We made the presentation to Supervisor Bonelli and asked him if he would take the leadership in presenting this matter to the Board of Supervisors. He did so, and the Board by unanimous vote adopted a resolution to the State Division of Highways asking them to absorb the cost of land acquisition for.the Grand -Avenue interchange and to deviate from their policy in that respect. The County Road Commissioner was also authorized to attend a meeting before the State Division of Highways in Sacramento. The proposal is to authorize the City Manager and myself to appear before the State Division of Highways on November 15th. We have already requested this of them so there would be time to put it on the agenda and if such authorization was granted we would then have the opportunity to present our case. The County Road Commissioner will be present and representatives from each of the neighboring jurisdictions will be present, as well as the major educational institutions and land developers in the area. We received tremendous cooperation and assistance from all, of our neighboring communities, institutions and major land developers and from Mr. Bonelli's office - the County Board of Supervisors. The request is to authorize the City Manager and myself to make that trip to Sacramento to present our case. Councilman Snyder-, Apparently I am the only dissenting vote but my objection is still that even though you obtain this money that the portion of West Covina's allotment is too large. Mayor Krieger: We are asking that our portion be zero Dr. Snyder. Councilman Snyder: My understanding is that our portion would be $60,000. - 23 - C. C. 10-23-67 Page Twenty-four CITY MANAGER m Continued SACRAMENTO TRIP m 11-15-67 Mayor Krieger: No, we are asking them to deviate from their polic on land acquisition and to absorb the 4530,000. The only policy decision the Council has taken is if t4ey refuse to deviate from their policy, what proportion we would bear in relation to the cities, so what.we Cant to doss go up to Sacramento and ask them to deviate from their policy and bear the entire cost. Motion by Councilman Snyder, seconded by Councilman Gleckman, that the Mayor and City Manager be authorized to take a one day trip to Sacramento on November 15 for the purpose of appearing before the State Division of Highways, and that their expenses be paid. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None COUNCIL REQUEST REGARDING POLICE DEPARTMENT HANDLING OF JUVENILES - INFORMATIONAL Mayor Krieger: Dr. Snyder, I believe this was your request. Councilman Snyder: I have a comment regarding warning • citations, there is an error in their report. They state that when somebody receives a postcard warning citation for a mechanical defect that he has to have the same officer sign the postcard that it has been corrected. Any police officer can sign the postcard anywhere and it can be mailed in. That portion is in error, this is stated in their report on Page 6. It seems to me it is a matter of courtesy to give out -warning citations and such warning citations should be at the discretion of the officer that stops the vehicle and could be similar to the Highway Patrols but not be required to go to the Police Station but that any police officer sign the card stating that the defect has been corrected. Councilman Gleckman: citation and that .any officer ca Highway Patrol officer? Councilman. Snyder: Councilman Gleckman: Councilman Snyder: Let's take this one at a time. On Page 6 are you speaking now to the fact that the California H° hway Patrol issues the n sign that and not the California Any police officer or highway officer. I don't know if you are right or wrong, so I can't speak to that. If I am not right I will get a warrant because my ticket was signed by the Police Department. Councilman Gleckman: Was the ticket issued by the Highway Patrol that the.police signed? Councilman Snyder: Yes and it was for a light being out. It seems to me that most cities don't have this provision and it seems to me it.is a matter of courtesy. A person could leave home with his tail light on and his light could go out while driving and he would not know -it. It has been the practice of the City in some cases to give citations on this, which in a few instances, I think is wrong. There should be warning citations given at the discretion of the Police Officer. ®24m C. C. 10-23-67 Page Twenty-five CITY MANAGER - Continued Mayor Krieger: .Let's discuss this on the Council level, and see if there is sufficient support. Councilman Nichols: I would agree with Dr. Snyder, I attempted to read the entire report that was submitted by the Chief of Police and I feel that relative to items 1 and 2 that the answer was complete and satisfactory as far as I was concerned, but in item 3 where the Chief indicated that this is a discretionary matter with the local officers, and I believe his wording_ . was that he felt it was working well as a discretionary area and would. just as soon it be left that way. My reeling at the time of reading the report was of some concern because I think if a matter warrants a citation that it should be issued and if it does not warrant a citation that a citation should not be issued. If the person is breaking the speed limit it really isn't discretionary by the officer at all, and I believe placing a discretionary responsibility on an officer to issue a citation or not issue a citation for a defective head lamp and such things allows too many -opportunities in the City for one gentleman in the City to receive a ticket for a defective head lamp and another gentleman around the corner in the same situation would receive a free warning from the officer. Now subsequent to this report we received the addendum indicating that our neighboring city Covina, does in fact use a warning citation and consequently with this added to the original feeling I have had it would be my -opinion that this Council should direct the Chief of Police to implement a warning citation for mechanical defects in the City of West Covina. Councilman Snyder: I didn't mean to give the impression • that other citations should be dis- cretionary. Councilman Nichols: No, I didn't either. Mayor Krieger: The trouble, of course, is that traffic citations are misdeme_anor.s . Ther.e has. been a great deal of discussion as. to the definitions in the vehicle code and the League discussed this same question. Certainly when you get to mechanical defects it illustrates the absurdity of the whole situation even more, Cpuncilman,Snyder: What is the purpose of the vehicle code if it isn't to provide traffic safety? And although they are misdemeanors it is not to be punitive nor to raise revenue for the City and this again seems to me to be commonsense and a courtesy by the City to issue a warning on mechanical defects and we have no procedure for doing that now. Mayor Krieger: Further discussion on this matter? If not, a motion would be in order. Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that the City Attorney, staff and Police Chief be authorized to prepare a warning type vehicle code violation notice for mechanical defects and implement such procedure. Mayor Krieger: Any other aspects of this report you rcare to comment on? Councilman Snyder: Well item 2 - it seems to me_ their answer is not very direct, rather evasive. Also item 1 is evasive. I would like to hold these two portions over until I have further time to study - I will bring them up at the next meeting. Mayor Krieger: Is there a motion to receive and file the report of October 18, 1967? So moved by Councilman Gleckman, seconded - 25 - • Co C. 10-23-67 Page Twenty-six CITY MANAGER - G.ontinue.d_ by Councilman Gillum, and carried. Councilman Gillum then brought up the incident that happened at the Elk's Club and it was explained by Mr. Aiassa. Mayor Krieger: I have discussed this matter with the City Manager and I would suggest that the City Manager and Police Chief be given authorization to discuss with the people responsible for this incident, with regard to their policing and security activities. So:_moved by Councilman Zillum,_ seconded by Councilman Gleckman, and carried. Councilman Snyder: I probably shouldn't.say it but I also -know of some irregular activites there and I am wondering if the ABC Board has been so informed. Mayor Krieger: This has been discussed with the City Manager, too. ------------- PROPOSED ANNEXATION NO. 192 m LIGHTING DISTRICT INFORMATIONAL Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the City Council approve the letter for the Public Service Director's signature to obtain property owners signatures, as to the lighting district. COUNCIL REQUEST REGARDING IMPERSONATION OF POLICEMAN OR FIREMAN ® INFORMATIO.NAL Mayor Krieger: Mr. Gillum this next item is in rgtponse to your request, do you have any questions? Mot.io.n .by Councilman Gillum, .seconded by Councilman Gleckman, and qarried, that this report be received and filed. LETTER FROM -CYBERNETICS CONSULTANT REGARDING CITY COMPUTER. SYSTEM ® INFORMATIGNAL- Mr. Aiassa, City Manager: We have an 8 page report and I would like to have this matter referred to the City Manager to meet with Mr. Dan Councilman Snyder: It would seem to me that if you were to answer all those questions in writing you would have to have a week off to do i.t. Councilman Gleckman: Is the gentleman in the audience this evening.- that wrote the letter? Mr. Aiassa, City Manager: No I Piave hhoned hii but he has not returne my pphone cal o Councilman Snyder: I would say that the City Manager should not answer this in writing. ®26® 0 • C CA 1-34` CITY MANAGER --Continued Mayor Krieger-,. Mr. Aiassa9 City Managero Page Tenty-seven. Your suggestion is not to do'anything other than discuss orally, Mr. Aiassa? Right. So moved by Councilman Gleckman, seconded by Councilman Gillum, and carried. CITY CLERK ARTHRITIS FOUNDATION REQUEST TO SOLICIT FUNDS FEBRUARY 8, 9, 10, 1968 Mayor Krieger: Madam City Clerk was this approved last year? Lela Preston, City Clerk_, advised that it had begin on October 24, 1966. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council grant approval to the Arthritis Foundation. ABC APPLICATION OF HELEN D. JONES (Gesunheit) FOR ON -SALE BEER LICENSE AT 9452 S. Glendora Avenue Motion by Councilman Gleckman, seconded by Councilman Snyder,4.rw carried, that there be no protest. REQUEST BY REGISTRAR OF VOTERS FOR CITIES TO CONSIDER USING COUNTY'S NEW IBM VOTOMATIC MACHINES FOR APRIL MUNICIPAL ELECTION Mayor Krieger: Is there anything to add to the report of October 20th, Mrs; Preston? Lela. Preston,. City: -Clerk: I...would.l kb."to-call your_ attention_ to the little machine - it is quite simple, shown to you. If the Council would desire, it can be Mayor Krieger: Does the Council desire a demonstration at this time? Councilman Gleckman: I have a question. We haven't taken any action on this prior to tonight's meeting, have we? Mayor Krieger: I don't.remember it, Councilman Gleckman: There was a feed -back to me from some church group that this had already been approved and I don't know too much about it. Councilman Snyder: I think what has to be answered is whether there is a difference in price. MRS. PRESTON, CITY CLERK, GAVE A VERBAL REPORT ON THIS ITEM. Mayor Krieger: Is there going to be further information submitted to the Council, Mrs. Preston? Lela Preston, City Clerk: Yes. Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, to receive and file, 27 - C. Co 10-23-67 CITY CLERK ® Continued Page Twenty-eight ABC APPLICATION OF CARL E. and Ida M. Robinson (Stop 'N Go) for off -sale beer and wine license at 130 No Hollenbeck Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that there be no protest. ABC APPLICATION OF Lenore D. and William V. Suzda (Liquor Manor) for off -sale general license -at 943 S. Glendora Avenue Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that there be no protest. CITY TREASURER CITY TREASURERS REPORT SEPTEMBER, 1967 Motion by Councilman Nichols, seconded by Councilman Gleckman., and carried, that the City Treasurer's report for September, 1967,. be received and filed. MAYOR'S REPORTS Mayor Krieger.- This communication from the Telephone Company having to do with the proposed imposition of a gross receipts tax on them, this has been received and what? Mr. Aiassa, City Manager-, The City Attorney hasn't advised me yet, taut we are going to get together on Wednesday and prepare an acknowledgement. Mayor Krieger.- Is there any statement from staff at this juncture? Mr. Aiassa, City Manager.- No,.,it is a little premature. --------------- Mayor Krieger.- We have a request directed to me and I will turn it over to the staff, from the Glengarry Highland Band of West Covina, for the purpose of raising funds, This is contrary to the stated policy of the City. Mr. Aiassa, will you make copies of that letter and spread it among the members of the council and submit a recommendation on this. Councilman Snyder: Somebody called me from the church and wanted to know why they couldn't have a fireworks stand. This has come up about 3 times since I have been on the council and our limiting it. Mayor Krieger.- Perhaps the opportune time would be to discuss this when the report comes back to Council, if you so desire. ------------- Mayor Krieger: I would like to submit a report to the Council in verbal form on the resolutions adopted in the general sessions of the League of California Cities on Wednesday, October 18 in San Francisco. There were a number of resolutions adopted, I brought back copies so the staff can make copies for any of the councilmen:that might be interested. ®28m 0 C� C. C. 10-23-67 MAYOR'S REPORTS 9 Continued Page Twenty-nine The Council representation was Councilman Gillum, Gleckma.n, and myself. (MAYOR KRIEGER THEN PRESENTED A VERBAL REPORT ON THE RESOLUTIONS ADOPTED BY THE LEAGUE. Both Councilmen Gillum and Gleckman commented favorably with regard to the conference.) COUNCIL COMMITTEE REPORTS Councilman Gillum; Mr. Mayor I received a request and this information was sent to me over the weekend pertaining to a Senate Bill introduced by Senator Proxmire Basically the bill is to allow the banking industry, the national banks, to enter the field now held -by investment bankers. That is being able to get into the area of bonds. I have a letter stating the outline, also copies of. the 'bill.. It opens .the field up and makes it more competitive in this bond market. The bill is in subcommittee now. The County Supervisors Association, the League of California Cities and different cities, individuals and counties are also endorsing the bill. I would like for the Council to give this serious consideration because I think in this area of bonds, if there is any indication that someone else is entering the field it would make it more competitive and I am sure it will, which would be of benefot to the cities. I would strongly recommend that the Council review this and that the Council would endorse and send letters to our Senators and Congressmen advising they are endorsing Senate Bill 1306. Councilman Snyder then asked the City Attorney if he could advise why national bankers were prohibited in the first place? Mr. Williams advised that he could not specifically, except there, has always been laid down 'with respect to National Banks, limitations on the percentage of their investment in a particular field. Councilman,Snyder: Since we don't know, before we could endorse Senate Bill 1306 it seems to me we ought to know why it was put in there in the first place. I couldn't endorse it without knowing more about it. Mayor Krieger: Let's put this on the agenda for the meeting of the 13th of November. (Councilman Gillum also advised that he spoke to a Church group last night together with members of the staff.) A Councilman Nichols: I have one item. The subject matter is an area that gives me some growing concern. Some years ago about the only commercial type of areas in our community were -shopping centers where the normal debris and trash had receptacles available for disposal. I notice in the last year or two in our community there have been a number of af smaller commercial type zoning in or immediately abutting residential areas of7 ur -community. As a result of this type of uses and products sold at these places I have noticed a greatly increasing amount of litter and debris on the streets and walks abutting the area. There is an In and Out t pe of installa- tion just outside of the city limits of West Covina and thyey retail as part of their current operations various types of perishables in very 1,arge -29m C. C. 10-23-67 Page Thirty COUNCIL COMMITTEE REPORTS - Continued cardboard containers to young people who are going between their. homes and other public areas in the City and it is inevitable that these young people consume the item -in the container on a public street somewhere between the store and where they are going and -being young people they usually dump the container and the wind picks them up and carries them intD the private yards of the residents. I have two thoughts in mind, one to request the staff to give some thought to this area to see what the implications are of all types of establishments being able to retail in this fashion; and two, whether it is legal or illegal and perhaps looking into the possibility of the City at someday being able to establish litter cans and trash barrels in prominent locations where needed, even though this may run into some ffroney, I know that there are communities that have this at any secondary location_ , and they have debris bins secured in such a way that they are not easily removable and it does make it basically possible for the citizens of the community to help keep the city in a cieaner.state. We will get more and more of this sort of thing dumped in the street because the individual has no place to dump exc-ept in the street. Councilman Snyder: Perhaps it could be requested of the present trash contractor to furnish such a service as a part of his contract. Motion by Councilman Nichols, seconded by Councilman Snyder, that the Council direct the staff to investigate the general problem of the increasing amount of debris accummulating in the City and return to this Council with general observations in this area and any general recommendations that the staff might choose to follow in finding a solution to the problem. Motion carried. • Mr. Aiassa, City Manager: I would like to bring the Council up-to- date on this matter. West Covina Beautiful met on the same matter and we are to meet with Mr. Thorsen and.see if we can start this same program that you outlined. We will try and follow this up and bring you more information on it. ------------- Councilman Snyder: I understand the. one a.ns.wer I want isn't quite ready yet. Did you find out -if bark Ellen Towers is classified as a life care institution? Mr. Aiassa, City Manager: We have not as yet. Councilman Snyder: I have the first meeting of the Auditorium Blue Ribbon Committee Wednesday night at 7: 30 P.m. ------------- Councilman Gleckman: I would like to have the Council do some thinking as to changing the present Ordinance regarding the • different Commissions as to their pay, and I am speaking directly to the -point of, I believe, the way the Ordinances read, For example, a Planning Commissioner could attend one scheduled meeting, have four study sessions and then"for some reason be absent from the second regular meeting that month and not get paid.for that meeting. In other words the pay is $25.00 a meeting.,and,not to'exce-ed'$50,00 per month, and it has to do strictl with regularly scheduled meetings. I feel if we pay our Commissions W. a month it should be on a monthly basis and not on regular meeting basis, because they could be attending 6 or 7 nights a month on Commission business and for some reason be absent for the regular meeting and that is true about the other Commissions too. I feel all our salaries should be c mmensurate with them being Commissioners per month rather than by the meet�ng, -30- • �J C. C. 10-23-67 COUNCIL COMMITTEE REPORTS - Continued Page Thirty-one Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this matter be put on the agenda for the November 13th council meeting and that the staff circulate the material on the ordinances we now have. Councilman Gleckman: Mr. Aiassa, I believe sometime in the past either you or one of your staff was looking into the problem having to do with Sunset and Walnut Creek Parkway as to the California Savings and Loan having to do with the lefthand turn and as to the enormous amount of tickets given there for the lefthand turn in and out of that parking lot. I think it is unfair to the Savings and Loan as well as to its customers. The answer received by them was that there was going to be some cement medians put in in order to prevent this and I notice to date nothing has been done and I was questioned by them as to what we are going to do about it. Mr. Aiassa, City Manager: We will give you a report. Councilman Gleckman: I have a letter from Home Savings and Loan and I have been talking to them for quite sometime about a gift they want to make to the City which has to do with a presentation of a sun dial. They were looking for a suitable location and I had them get in touch with the staff and the staff and they, have agreed that the West Covina Youth Center would be a proper location to locate this sun dial. (Passed a picture around showing the sun dial.) I would like to have the council give us permission to accept such a gift and then proceed with -the installation upon the instructions of the staff. I think it is a very'nice gesture by Home Savings..& Loan. Councilman Snyder: Isn't something like this. usually referred to the Park & Recreation Department as to the matter of location? Councilman Gleckman: I believe they were brought into the matter. Again the location was picked by staff and not Home Savings & Loan. Councilman Gillum: What will the plaque have on it? Councilman Gleckman: I don't know. I don't think there is anything on it. I didn't go into that. and I find that they are I thought it was a most generous gift now donating these gifts to several cities throughout the Southern California area. Councilman Gillum: I am wondering if that is the proper location for it. I think it is a very Savings & Loan but I am nice gesture on the part of Home wondering.if that is the proper place. Councilman Gleckman: That is the reason I referred it to staff and unless you have another idea? Councilman. Gillum:_.. No. Mr. Aiassa, City Manager: We met with one of the officials of Home Savings & Loan and made a tour of spot at the Youth Center various locations. We ha-ve a very ideal - insi-de the wall and it will be nicely land- scaped. - 31 - C. C. 10-23-67 Page Thirty-two COUNCIL COMMITTEE REPORTS - Continued :Notion by Councilman Gleckman, seconded by Councilman Nichols, and carried., that the City of West councilmen on behalf of the Ci -y accept the sun dial frorb !Nome -avings -z Loan, and the location • to be designated as the West Covina Youth Center. D"I`,` 4Ie" 1iI) S11 Motion by Councilman Gleckman, seconded by Councilman Gillum, that the Council ,approve demands totalling; �411,248.86 as listed on demand sheets B321-0, C 555-556. This tot .l includes payroll account. Motion carried on roll call vote as folloTvrs: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: Intone ABSENT: None Mayor Krieger: Our next regular meeting is on November 13th, which leaves October 3Oth and November 6th available. It was called to my attention in discussions that the Planning Commission shares the view of the City Council informally as to the desirability of a joint meeting between these two bodies to discuss the general policy con- siderations and the discussion of programs and projects. I would suggest to the Council that perhaps. we might take advantage of one of • these two nights to schedule one night for this purpose. COUNCIL AGREED. IT WAS DECIDED TO HOLD TIME JOINT MEETING ON NOVEMBER 6th. Councilman Snyder: Before we adjourn - in reading the minutes I note that we accepted the preliminary -report of the General Plan consultants with the exception of that portion regarding the Huntington. Beach Freeway. For my own part I object to the resolution since I wasn't here when that was passed. These consultants are merely submitting a preliminary report and to attempt to modify their own report to us seems to is not in accordance with the purpose of having the consultants - if they have a chance to modify their report before they are even put in. Mayor Krieger: This is part of the subject matter work of the consultants - for the joint, meeting with the Planning Commission. Councilman Snyder: Well I do want it in the record that had I been here I would not have voted.in favor. Mr. Aiassa, City Manager: I would like to get permission to try to make arrangements for the Thursday meeting in Sacramento and I may go up Wednesday night. Mayor Krieger advised that Council had already given permission, just requesting the City Manager to advise the day he was going. There being no further business, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that at 10:15 P.M. this meeting adjourn to November 6th, 1967, at 7:30 p.m. - 32 - Co C. 10-23-67 ADJOURNMENT ATTEST: • 0 City. Clerk APPROVED: Mayor Page Thirty-three - 33 -