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12-26-1967 - Regular Meeting - Minutes- - p is • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF'WEST COVINA, CALIFORNIA DECEMBER 26, 1967. The regular meeting of the City,.Council was called to order by Mayor Krieger in the West Covina. City lull at 7- 30 P.M. The Pledge of Allegiance was led by Council }flan Snyder. The invocation was given by :Councilman Nichols. ROLL CALL Present- Mayor Krieger, ,Councilmen Gillum, -Nichols, ;Snyder. ..Councilman Gleckman (Arrived at 8 P.M..) Also Present.- George Aiassa, City Manager Lela Preston, ;City Clerk Richard Tertian, Ass`t..City Attorney George Zimmerman, Ass't. City Engineer Owen Menard, Planning -Director Harry Peacock, Administrative Analyst 'APPROVAL OF MINUTES November 20, 1967 Approved as corrected. Councilman Gillum- On Page 13 o my statement -"We are not trying to raise revenue" strike the word "not". Mayor Krieger- Page:2 the correct spelling of the name of the State Highway Engineer is''Legarra.," On Page 25, the next regular meeting after the meeting of November 20th was not December llth, it was November 27th. Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that Council approve the minutes of November 20, .1967, as corrected. November 27, .1967 - Approved as corrected. Mayor Krieger- :On Page 19, Zone Change 382 - the motion by Councilman Nichols, seconded by Councilman Gillum, showing. roll call vote as follows. :AYES. None. NOES- Councilmen Gillum, .Nichols, .Gleckman, Mayor Krieger. This should read .just: the opposite- AYES- Councilmen Gillum, .Nichols, Gleckman, Mayor Krieger. .NOES- None. And on Page 26, the statement by Mr. Sorensen should read " I would not say it hasn_ °t a" Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the City Council approve the minutes cf November 27, 1967, as corrected. Mayor.. Krieger - The motion carries, 3 in the affirmative, 1 councilman absent and 1 councilman abstained. J C..C. 12m26-67 Page Two CITY CLERK'S REPORTS PRECISE PLAN 518-R •STREET IMPROVEMENTS STANDARD OIL CO —OF CALIFORNIA LOCATION- .Southeast corner of Amar Road and Azusa Avenue. Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the street improvements be accepted, .and the -Mayor. and City Clerk be authorized to release the General Insurance Company of America bond No. 560809 in the amount of $900.. STANDARD SPECIFICATIONS FOR PUBLIC WORKS -CONSTRUCTION Review Engineer's report. Set date of January 22 1968, as the date for the public hearing to consider adoption of these Standards under a proposed Ordinance. .Mayor Krieger- Any questions on the staff report of December 21, .1967? If not, a motion .is in order. Mr. Terzian, Ass"t. City .Attorney- There is a specific way this should be adopted if I may proceed? Mayor Krieger. :Other than: the staff report of December 21? Mr. T'erzian, Asst. City Attorney: I haven't read the staff report. The Government .Code provides specifically how this should be done. Pursuant.to Section 50022.3 this would be the first reading of the title of the Ordinance adopting a preliminary code and the first reading of the title of the code to be adopted. .The code to be adopted is the ,Standard Specifications for Public Works Instruction 1967 Edition. And the title of the Ordinance is - ORDINANCE "AN ORDINANCE OF THE. CITY.. COUNCIL OF THE CITY OF WEST COVINA, AMENDING THE WEST COVINA MUNICIPAL CODE TO ADOPT THE STANDARD SPECIFICATIONS FOR PUBLIC WORKSWSTRUCTION, 1967 EDITION, " Mayor Krieger: Before going further, .Mr. Terzian o the staff report suggests this is a matter requiring a public hear- ing, is it your statement that we do .not require a public hearing? Mr..Terzian, Ass't. City -No sir. We require a public hearing, however, Attorney: there has to be what the Government Cede refers to as a first reading of the title of the adopting Ordinance and a first reading of the. Code to be adopted, which is the Public Works Instruction .Code. The public hearing mush be set at least 15 days thereafter. Now the earliest possible meeting would be January 22, .at which the hearing could be held on this. Mayor Krieger: Mr..Terzian,.Ass't. City Attorney: It may be more than 15 days? Yes it maybe more, but not less. 2 C. C. 12-26-67 Page Three i 0 • CITY CLERK'S REPORTS - STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - Continued Motion by. Councilman Nichols, seconded by. Councilman Gillum, and carried, that City Council waive further reading of the body of said Ordinance. Motion by. Councilman Gillum, seconded by Councilman Nichols, and carried, .that the City.Council introduce said Ordinance. Mayor Krieger, Do I understand that we may now set the hearing date ? Mr. Tertian., Ass't. City Attorney, That is correct. I have read the title of the proposed ordinance and the title of the code to be adopted and the . Council may now proceed to set it for a hearing Motion by.Councilman.iSnyder, seconded by Councilman Gillum, and carried, that the City Council set the date of January 22, 1968, for the public hearing.to consider the adoption of the proposed Ordinance. RESOLUTION NO, 3711 The City Clerk presented, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY' ADOPTED OF WEST COVINA, :REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO'ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS MISCELLANEOUS TRANSFER DRAIN 168, IN THE CITY OF WEST COVINA FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF Mayor Krieger, Hearing no objection, :waive further reading of the body of said Resolution. Motion by Councilman: Snyder, seconded by,Councilman Gillum, that the City, Council, adopt said Resolution. Mayor Krieger- A question of the staff. How long ago was this storm drain completed? Mr..Zimmerman, Asset. -City Engineer, This was completed in relationship to the Japanese Community Center curbs and gutter in that there was a storm drain built under that contract about a year- ago. Mayor Krieger, What has taken so long to get this completed? t.. Mr. Zimmerman, Ass!t, .City Engineer: Normally we use this as a. fill-in job for some of our personnel when our workload is a little bit fluctuating and it happens that the workload at this time was that way and.,We felt we could work it in the schedule. -3 C. ,C. 12-26-67 Page Four is CITY CLERK'S REPORTS RESOLUTION NO. 3 711 - Continued 'Mayor, Krieger: I don't understand your response Mr. Zimmerman. .This is, as I understand it, a request that the -County accept 'the. storm drain improvements for purpose of operation, repair and improvement, now what has that got to do with our workload ? Mr. Zimmerman, Ass't. City Engineer: There is a certain amount of clerical and administra- tive work in preparing the Resolution and connecting the:work so that the County will accept it. We normally send it down first to the County who are rather critical about the manner of handling it and getting approval. There are several documents such as the plans and specifications that have to be put in order. This particular one was just completed. It was first built, I think in 1955 as part of the development of the Alpha Beta Market and the .Flood Control District required that the. City redraw the entire plan and put about three segments which were built in relationship to various projects, one - Alpha Beta; one The .Mobil Oil .Center, and one - the Japanese Community Center - redraw these all under one map and then draw up the resolution. Mayor.Krieger: The last physical work was done a year ago approximately? Mr. Zimmerman, Asst. City Engineer: That is correct. .Mayor Krieger: Do you mean the paperwork has taken the succeeding year to get to this point? Mr. Zimmerman, Asst. City Engineer: That is basically correct. .There was also some minor repair which had to be done to the drain because of its age since the major portion was first built. This was a,.matter of several months also because it was not done on a priority basis. The drain all this time has been functioning properly, it is in relatively good shape. Mayor Krieger: But during the intervening year it has been the responsibility of the City staff and personnel as far as the maintenance is concerned. Mr. Zimmerman, Ass"t. City Engineer: This is correct. V1ayor Krieger: Wouldn't it be in the interest of the City to get these things completed as soon as possible to divest ourselves of that responsibility. Mr.. Zimmerman, Ass`.t..City Engineer: Yes sir. We are doing that actually but this one was one that did not get completed until recently and so it was really held up for quite sometime on being approved and on that basis it took longer than one that would be in connection with a new tract which would be all new and up to standards. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, .Snyder, Mayor Krieger NOES: None ABSENT: Councilman Gleckman C. -C. 12-26-67 Page Five 0 • PLANNING COMMISSION REVIEW ACTION Mr. Menard, Planning Director, stated that a DECEMBER 20, 1967. summation of the Planning Commission meeting of December 20th was provided to the Council and if there are any questions or- comments he .would be happy to expand on them. If there are no questions then perhaps the summation would suffice. Councilman Nichols: What is Country Homes, Inc..? Mr. Menard, Planning Director: This is a development company who has proposed or submitted a precise plan for a particular site in West Covina right across from Citrus Bank on Glendora Avenue. Councilman Nichols: Is this a commercial structure:? Mr. .Menard, Planning Director: Three proposed buildings projected-. ice cream store, a small type restaurant similar to Chicken Delight, and a convenience market, I believe it is a 7- 11 store; and one other small retail store. Three buildings and four. stores. Mayor Krieger: :Further questions? This variance in the reduction of the rear yard, does that take :in the Wash situation again.? Mr, .Menard, Planning Director: The reduction in the rear yard in that particular case is not involved with the Wash. .The set- back requested by the Engineering and Planning staff does take in with regard to Walnut Creek Parkway but not the Wash. They don°t back up to the Wash e the answer. is "no" ORDINANCE REGARDING NEW ELECTRICAL TYPE SERVICE WIRES TO BE PLACED UNDERGROUND Mayor Krieger: :Anything to add to the report of December 22nd by the staff - Mr. Aiassa? Mr. Aiassa, City Manager: I think you have a copy of the rough draft and I wonder if the Council wants to hold over for further study or go into it tonight? Mayor Krieger: Are the representatives here from the Southern California Edison Company? (Answer-. Yes..) Are there any questions of these gentlemen in attendance or of the staff on the report of December 22, otherwise there is a recommendation by the staff having to do with it. Does the. Council have any questions of these gentlemen? Councilman Nichols: •If.I may direct a question to Mr. Taylor. Is there anything in this Ordinance that you people feel you couldn't live with? Glenn Taylor, District Manager Mr. .Nichols, we have reviewed the .Ordinance Southern California Edison Co. as presented to us by -Mr. Zimmerman and we 235 Badillo find we can. live with the Ordinance as present - Covina ed at this time. m5- Co .Co 12-26-67 Page: Six PLANNING: COMMISSION ORDINANCE RE, .ELECTRICAL TYPE SERVICE WIRES UNDERGROUND Continued Councilman Snyder - Jim King, .Resident Engineer General Telephone Co.. .Irwindale office Is there a representative from the Telephone Company here ? Councilman Snyder- My main question is in commercial or professional installations does this present any problems as to the number -of lines underground coming in? Jim King- No - particularly not in the large type user. Councilman Snyder- That is wh at I am concerned with - where you have a small user and he may change to a large? Jim King- It is a matter of running additional cable through a conduit Mayor ..Krieger. Thank you, Mr. King. Council discussion on this matter? I know I am pleased to see this type of Ordinance come along, this is something all the cities are tremendously interested in and,I am sure the City° s appreciate the co- operation that the Utilities are giving in this particular matter. It is something that would come about sooner or later but I think the cooperation by the government and private enterprise has resulted in a much more workable type of product than we would have arrived at unilaterally. Councilman Snyder- The only thing I am concerned about is the cost of: beirg able to live in an urban society, it is .continually going up and this is one more item that will, cause that cost to go up. I take exception to your statement that the utilities are private enterprise and I am concerned that continued regulations such as this cause the cost to be able to live in that urban society more difficult and higher. Mayor Krieger- Would you like the statement private enterprise vested -in the public interest - a little more than - private enterprise ? Councilman; Snyder- Yes that is better for purposes of accuracy as far as I am concerned. Mayor Krieger.- Further discussion or comments? _ As I understand it we have an Ordinance ready for introduction • Mr..Terzian, Ass°te .City It is not in final form, Mr. Mayor. I thought it Attorney- would be preferable not to do so in case the Council wanted to discuss it and change things around. ..So I would suggest if the Ordinance is to be introduced it be done at the next meeting when it can be in appropriate form .Motion by Councilman Gillum, seconded by Councilman Snyder, and carried, that this item be held over until the next regular meeting on January 8, 1968. C. Co 12-26-67 Page Seven Mayor. Krieger- This is the second item on the agenda where I get the feeling the City Managers office and the City Attorney` s office are not co-ordinating their -recommendations . 'It would be helpful to the. Council if at sometime prior to the • meeting these throughts are coordinated ORAL REPORT BY CHAIRMAN ON PLANNING DEPARTMENT WORK PROGRAM MayorKrieger- I have been advised that Chairman Adams of the Planning. Commission is ill this evening with the flu. I stopped by at his house prior to the meeting and confirmed it myself and probably caught it in the process. If the. Council is going to meet at an adjourned meeting next Tuesday night, the Chairman asked -that he be placed on that agenda. I believe we will probably make that determination during the course of this evening so we will hold this matter. �.d Councilman�Snyder: May I ask a question here? Administratively the the Planning Director works under the City .Manager or the Public Works Director? The Planning Commission can only advise him on that and not direct him -on his work program v is that: true or, not true? Mr. Aiassa, City Manager: The Planning Director- actually holds two positions. iHe is the Ex-officio Secretary of the.Planning .Commission and he is directly, employed under the City Manager as a Department Head. As Exmofficio secretary to the Planning Commission he tranjq�i�esall acts of the -Planning Commission that comes only from the action of the. Commission. ..Councilman Snyder- My concern here is that administratively the administrative function of directing his work pro- gram should remainn through the City Manager's office and the Planning_ Commission should not at anytime be allowed to overload him with work Mr. Aiassa, ,City Manager: They are not really directing his administrative work, it is more of the special programs and pro- jects that are either initiated by the Commission or the Council that they are trying to develop a priority list for completion. I believe what Mr. Adams would like to do is express the workload that is now pend- ing before the. Commission in relation to the staff and the amount of staff power able to produce Councilman. Snyder: What I am concerned with is that there would be no idea here that the administration of the Planning Director is being transferred to the • Planning Commission, it is still under administration. Mr. Aiassa, .City Manager: No, I believe what Mr. Adams would like to do is just give the, Council e Mayor Krieger- Let's let.Mr. Adams explain to the Council and if there is some confusion as to the relationship of the Planning -Director, I think it might be well to have such an expression in the presence of the.Chairman of the Planning.Com- -7- C. Ca 12�26-67 Page Eight :ORAL REPORT BY CHAIRMAN PLANNING. COMMISSION - Continued inis.sionu I did not understand that was the purpose of his presence. Let's let him speak for himself. As far, as the organizational chart, isn't the Planning Director under the Pub'lic.Works Director? • Mr. Aiassa, City Manager- Well he is still under the City Manager. .Mayor Krieger- However, everyone -of your 272 employees is under the City Manager, however as a direct line of command, isn't he under the Public Service Director ? Mr. Aiassa,,.City Manager- Yes he is part of the Public. Service -Division. But there are three divisions and we do have one situation w. ith regard to the Planning Director in this relationship Mr. Menard does have a little more freedom because we do have programs that involve new problems. Mayor Krieger- Can, we hold this then until -Chairman Adams appears before the Council? (Council agreed.) RECREATION & PARKS COMMISSION ® None . PERSONNEL BOARD None HUMAN RELATIONS COMMISSION None GENERAL MATTERS WRITTEN COMMUNICATIONS Request of St ..Vincent _ De Paul. Society for exempt license for salvage pick-up for 1968 Mayor Krieger- This is a continuation of past practice. Motion by Councilman Gillum, seconded by Councilman Nichols, and carried, that the City Council grant permission of their request. Notice of Western Union Telegraph Company request for tariff chancres Mayor Krieger- Did you have any comment on this, Mr. Aiassa? Mr. Aiassa, City Managers No, but they are increasing the rate andI don't think their service has improved any. .There isn't much we can do, it is an intra-state traffic set-up. And the amount we use as far as the City is concerned, I don't think it will make that much difference Motion by Councilman Nichols, seconded by -Councilman Gillum, and carried by Council, to receive and file. ®1 Co C. 12-26-67 Page Nine 0 0 10 WRITTEN COMMUNICATIONS - Continued Mayor..Kri.eger-, Item 3 ® Mr. Gleckman was the council liaison to that Committee. Let's hold this item over until Councilman Gleckman arrives. �6uNCttmAt4 CLEC<1141V SCHEDULED MATTERS BIDS PROJECT SP-68007-1 LOCATION- Glendora Avenue, Walnut Creek Parkin SPRINKLER INSTALLATION way to South Garvey Avenue. and STREET IMPROVEMENT Mrs. Preson, City.Clerk- A total of five bids were received and reviewed and determined to be valid bid proposals. Thi s project calls for the installation of sidewalks and landscaping, and also driveway relocations on Glendora Avenue at -State Street for the installation of traffic signals. Bids submitted. Crowell & Larson Lowe -Hydro Co. D..C..Muralt Co. Sully Miller Roy C . Barnett .Mayor,Krieger-, 10%. Bid Bond o ,$9,937.71 11, 173.72 12,059..90 12,355.08 13, 296•..90 This is a low unit price and lump sum bid. Motion by Councilman Gillum, seconded by Councilman Nichols, that the City Council accept the bid of Crowell & Larson, Baldwin Park, for Project SP-68007-1 in the amount of $9, 937.71, and authorize the Mayor and City,Clerk to execute said contract. Motion carried on roll call as follows- AYES-, Councilmen Gillum, -Nichols, Gleckman, Snyder, .Mayor Krieger NOES. None ABSENT-, None Mr. Aiassa, .City Manager; Mr. -Mayor, .I did want to make one comment. In our.5 year plan we have $278, 000 ear marked for this, they are only getting approximately $63, 000 for ATC from the. County and I would .like to have authorization from the Council to ask for an additional $63, 000 from the County for their participation if the..Council has no objections. Mayor Krieger. You don't mean on this project? Mr. Aiassa, .City Manager-, Under the 5 year plan this is part of our project. It is part of this overall Glendora Avenue im- provements. Mayor Krieger: Well could we have a separate report on that Mr. -Aiassa? Mr. Aiassa; .City Manager: Alright. You will notice the figure down below on the staff memorandum refers to $78, 000 and that is why I mentioned it. -9- C. C. 1.2-26-67 :Page Ten SCHEDULED MATTERS BIDS - Continued PROJECT TS-680.13 LOCATION- Glendora Avenue and State TRAFFIC SIGNAL IMPROVEMENT Street. SMrs.. Preston, :City Clerk: A total of six bids were received and reviewed and determined to be valid bid proposals. This project calls for the installation of semi -actuated traffic signals and safety lighting at the intersection of Glendora Avenue and . State Street. '.Bids received° Smith Electric William R. Hahn Paul Gardner Corp. .Fischbach &Moore C T & F, _INC. .Steiny & Mitchell Mayor Krieger. 10% Bid Bond 11 $11,761.00 11,938.00 12,035.00 12,250.00 12,400.00 12,513.00 This is a low lump sum bid. A motion -will, be in order. .Motion by Councilman Gillum, seconded by Councilman Nichols, that the bid of Smith Electric Company of Stanton. as presented at bid opening of December 20, 1967, for'Project TS-68013 be accepted in the amount of.$1.1, 761..00, and that Council authorize the Mayor and City.Clerk to execute an agreement with Smith Electric. .Councilman Gleckman: Is this stop light that we are talking abort going to be in the middle of the street fronting the streets, or where is the location? (Mr. Zimmerman, Ass°t..City Engineer presented a diagram showing Location.) Councilman Gleckman: What are you going to do then about parking in and around the stop lights as far as being able to see around them ? Mr. Zimmerman, Asst. City I don't anticipate any problem, Mr. Gleckman. E,ngineere The parking is not proposed to be altered except for a few parking spaces in this location to provide for the moving of the driveway. Couinci.lman Gleckman: I can see this project comirg back to us in another year or- so for widening, lefthand lanes we are going directly from Glendora Avenue with stop lights - in fact we are doing it right now except we don..°t have any stop lights that are free flow. Mr. Zimmerman, Ass::°t. City That is correct. There is a fairly heavy move - Engineer: ment, there is some stack -up on:State Street • and Glendora which is really the basic cause of this and it is difficult to get out on Glendora because of the heavy traffic and its location, and it is also true that moving the driveway up will make a safer situation opposite the State Street entrance. Councilman Gleckman: The only thing I was thinking about was when that light turns green for the traffic going south and makes a righthand turn going west and you have traffic in. the next street behind parked cars directly to the West you are going to have a problem. - 10 - • C. .C. 12-26-67 Page Eleven 9 • • PROJECT TS-68013 - Continued Mr.. Zimmer —man, Ass °t City In the parking lot there is a stop sign Engineer: which people should obey and true there is a short distance here but you have to .in propositions and proposals of this nature, work with the configuration that exists. We would certainly not design this type of thing today, but this is what we are left with at this time. Motion carried on roll call vote as follows: AXES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor.Krieger NOES: None ABSENT: None ------------ PROJECT SP68009 LOCATION: :Sunset Avenue, from Merced STREET 1 MPROVEMENT Avenue northerly to 100 feet north of Cameron Avenue. Mrs. .Preston, .City Clerk: A total of seven bids were received and reviewed. All bids were checked for errors and were determined to be valid bid proposals.. This project calls for the reconstruction of the street between curbs, installation of traffic medians, with landscaping and an .irrigation system and traffic signal modification at Cameron and Sunset intersection to include a pre-empt phase permitting the. Fire Department equipment a safe high speed across to. Sunset Avenue on.,emergency runs. Bids received: Aman Bros. D & G Concrete Sully -Miller Crowell & Larson Griffith Co.. W. R. Wilkinson Highway Heating 10% bid Bonds II $ 93,755.64 95,352..48 97,845.64 99,129.20 1,02, 388.40 102,446.40 102,520.92 Mayor Krieger: Before we introduce a motion, is there any.disa cussion or comments on this? Councilman Gillum: Mr. Aiassa ® on this description that was bid .it says m execavate approximately 9500 cubic yards if aggregate and AC used. It appears to me we are not specifying exactly. Mr.. Aiassa, .City Manager: As you know, that street has a real bad surface in certain areas and the specs have been rather liberal because we want to rip out and replace where ever it is required. That street started out at about 40' and was added on all sides :and this is one reason the specs were written in that manner — Councilman Gillum: I have another question. We had some discussion with the local water company when it came to putting ,in cur. bs . and gutters..... . Mr. Aiassa, City Manager: 'i bias °d'orie: in ;essence in connection with this project. ® I l 'J C..C. 12-26-67 Page Twelve 0 • P'RO1`ECT SP-68009 Continued Councilman Gillum-. Mr. Zimmerman, Ass't. City Engineer: the time the water line was lowered good pavement Councilman Snyder - Mr. Zimmerman,. Ass°to City Engineer; ..Councilman Snyder: Mr. Zimmerman, Ass't. City Engineer: Mr. Ai.assa, Ci:ty.Manager: ,street. and it has to be repatched. Councilman Snyder - Mr. -Zimmerman, Ass't. City Engineer Councilman Gleckman- Mayor Krieger: My question is m this old pipe are we going to run into it ? I can -assure you that there will be no %eater• line of the Water Company that .we will be involved in. As a matter of fact it won!t be necessary to re- place-) much of that pavement that was put in at we propose to leave that portion .in because it is Is this part of the 5 year. program? Yes this is in this year's 5 year program, and it is being built exactly as it is indicated in the in the 5 year program. I realize it is difficult to determine priority but I never felt this was that bad. I have driven over wors e ones. It is real. bad .... . I would like to advise the Council our mainten- ance is going up rather extensively because after every rain we have quite a session with this Are you going to have any problems cutting through the median strip at the hospital? This has been coordinated with the hospital and with the medical center across the street from the hospital.. .I have a question regarding the addition of this bid . I have the same question. Councilman Gleckman- I added it up and don't get the same figure you have here.. I was just curious who came up with the totals'? Mayor Krieger: I have a tape on this bid if you wan to check it It ,is off about $18.00 . When you determine it is a valid bid proposal, who makes that dete nnination.? Mrs. -Preston, ,City Clerk:: They are received .in the City Clerk's office, opened. and read, then.turned over to the -City Engineer for checking, etc. Mayor Krieger: Who runs the machine in adding these things'? Mr.,Zimmerman, Ass't..City The Engineering staff runs the machine. I can Engineer- only say that being human, evidently we have made an error. 12 -e I Co ,Co 12-26-67 Page Thirteen 0 PROTECT SP-68009 m Continued Councilman Nichols - Councilman Gleckman- What is the error? I have $93 , 773. 64 and they have $93, 755 a 64 or $18.00. Mayor: Krieger- I have a tape on it because,I came to the same conclusion in reading over the staff report. .1 was concerned, not because of the $18.00, but with the fact the people running the tapes on these things. should be alittle more careful, it should not be the Council's responsibility to run tapes on these things Mr. Zimmerman, Ass °t ..City Engineer. the corrected bids down below. Councilman Gleckman. We did, you will note, find two errors in addition, which we do frequently with the bids, and marked them with an.asterick and marked What happens to this bid,.Mro .Terzian? Mr. .Terz:ian, Asset. .City Attorney- Ts it still the low bid'? Mayor: Krieger: .-Mr. Ter:zian; Asset. City Engineer: Yes, it is. It is still an acceptable bide .Motion by.Councilman Gleckman, ,seconded by Councilman Gillum, that the Council .accept he bid of Aman Brothe" iInco , :of Covina, as presented -at the bid opening on December-20, 1967, for ProjectZ-P 68009 in the amount of -$93 755.64, and that the Mayor, and City Clerk be authorized to execute an agreement with the said Aman Brothers, Inc. for the work. Motion carried on roll, call vote as follows: AYES- Councilmen Gillum, Nichols, Gleckman, ;Snyder NOES- None ABSENT- None ,ABSTAIN- :Mayor Krieger HEARINGS VARIANCE NO. 609 LOCATION- 440 South Vincent Avenue DER WIEN:ERSCHNITZEL Request to allow a nonconforming identification sign in Zone C-2 denied by Planning Commission Resolution,Noo 1996. Appealed by applicant on December 1, 1967 . Mayor Krieger- :Before opening this matter up let me clarify something from the. staff report. Do I understand correctly.- Mr. Menard, that the matter deter-mined,by t:he•Planning Commission was whether or not to allow a detached non- conforming identification .sign in C- 2 ? Mr. .Menard, ,Planning Director- The original variance request stated that on the application. .There was a verbal request and the item was continued until the first hearing 13 Ca .Ce 12-26-67 Page fourteen HEARINGS VARIANCE NO. 60.9 - Continued The verbal request by the applicant was that a roof sign be constructed. The Planning-Commissiondid consider the modification of the application, from.thepoint of view of allowing evidence to be presented. However, neither the -Commission nor,the ,,staff had determined whether or not the necessary, showing for roof sign.had been shown. by;the applicant. The applicant did not speak to the issue, so the.,.Planning Commission therefor denied the request and. said the issue on the roof sign had not been spoken too. . Mayor .Krieger. But the resolution directs itself to a detached noncon0 .forming identification sign: and, the matter before the Council has to do with an attached nonconforming sign. .Is that correct? Mro - .M enard , :Planning Director. This is correct. The verbal request of the applicant before the Planning Commission was considered valid. The applicantion-.s0bbified=oiie'..thing, the minutes another, ;and the resolution -was drawn as the application was. It was all very cones fusing Mayor Krieger- Mr. Terzi.an - in the staff report of December•22nd, rontainsl this sentence - "Due to the fact that the :Planning staff was not able to speak to the necessary ,showing,for a variance at the planning .Commission, level the Planning staff would recommend .to the .City Council to refer this back to the Planning Commission. The .issue has been discussed with the City Attorney who stated sufficient new evidence has been presented to warrant such a referral. .However, if the City Council desires to hear this referral at this time the.Planning staff wishes to speak to the necessary showing for a variance.." .At what -stage do we do that? Mr. :Terzian,, Ass°to .City Attorneys if;the, Couribil desires to go ahead on the appeal and if material new evidence is.presented , as the :Council is aware, it can be referred back for further hearing with respect to the matters raised. However, totally aside from that .and this has probably caused confusion in the mind of the Planning people, :Council doesn°t'have to accept its findings or decision on matters fora period of 30 days after, it has a hearing on it. There is some little confusion here not only from the staff report - - you can -hold this hearing open for 30 days and send the matter back to the -Planning Commission for a report on the matter:as long .as you get it back within the '30 day period Mayor -Krieger- The jurisdiction is properly vested at this point'in the City Council? Mr. .Terzian , As s't o, .City Attorney. Yes,° ' •Mayor. Kri.egeLro Madam. City.Clerk do you have the affidavits of publication and mailing ? e Mrs . ':Preston, E.City',Clerk.o Yes,° .Motion by Councilman Gleckman, .seconded by Councilman Gillum, ;and carried, to receive, and file.. (MR. 'MENARD, :PLANNING DIRECTOR, READ -PLANNING' RESOLUTION NO. .1996., IN FULL.') ® 14 - 01 Co .Co 12-26-67 -.Page Fifteen HEARINGS - VARIANCE NO,. 609 Continued Mr. -Menard then explained the proposal as he understands it exists at the present time, using a map to show location of -property, building and, proposed. sign. ..Councilman Nichols- I am thoroughly confused on this matter. It is my understanding and -I would like to be informed -if I am incorrect, that the hearing that was held before the :Planning Commission was fora detached- sign - and that was the denial, and the appeal was of -that denial. Now where do. we come up with a roof sign? I have read all the correspondence and. I wonder how legally this Council can sit now and hear an appeal which in fact is a request for something that was not before the -Planning- Commission. Mro .Terzian, Assato .City Jt was heard by the,Planning•_Commissiono .The Attorney. additional evidence was presented at that time --the Commission received it.. T assume they will attempt to present this additional evidence before you tonight. .Councilman Nichols. As a. Councilman, I don°t have any evidence that it was heard by the Planning Commission because in all of their material presented of their -action it is a denial of a request for an enlarged detached- sign..: So all of this is verbal. and doesn°t come before me as a ; Councilman -Councilman: Snyder. For, clarification, didr_°t they also deny variancewise size as well as detached? They didn°t -specifically • deny the variance because it was detached, there were other items which they pointed out in their, denial., � that is size and location .Mayor Krieger: The resolution :speaks :for itself. .The report from the Planning,.Department which caused me to raise the question before I even heard the resolution was because of the staff report .of the;22ndo ,The staff report by the -Director• indicates that a verbal request for a roof sign.as distinguished from.a detached sign., was made during the course of the Planning Commission hearing. Apparently the :Planning Commission- made its decision on what was formally presented to it, .which was the detached nonconform- ing identification sign. And apparently the applicant is appealinag- to us at this time what the Planning, Commission heard and denied in terms of the attached sign -rather than what was formally presented to them and they denied which was the detached sign. .:Is that basically what it -is .Mr. Menard? Mr. .Menard, Planning Dir:ector•*, I think it is a good summation of it. Councilman: Snyder-. Basically what it is m in writing your resolution you merely denied what was applied for. Mro .Menard, :Planning Perhaps the resolution could have been clearer and Director. had it specified denial of a detached sign and denial •of a roof sign.as basically modified at the hearing, this might have helped. Mayor �Krieger- Mro..Terzian m at the time of. the Planning: Commission hearing was the applicant within its right .in presenting its testimonyAo boarden it to a detached sign:? Mr. Terzian, Ass`to, City -Under those circumstances'I believe he was. Attorney. 15 Co C. 12�26-67 Page. -Sixteen HEARINGS VARIANCE NO. 609 Continued r' Mayor Krieger.- Then I don't think the error is on the part of the applicant and then the burden should not be placed upon the applicant because of the drafting -of the resolution. In fairness to the -Planning Commission also it might call to mind -the Council's desire for further information on the subject -matter. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON VARIANCE NO. 609 IN "FAVOR Ross .Galardi (Presented pictures to Council.) . This is our normal 2100 Cranberry Lane sign that we are discussing now other than the DW. .Our understanding was, at the time of construction, that we could not use a roof sign and this was the reason we filed for a variance or. a free standing sign. Then during the meeting we became aware that the City actually preferred a roof type sign, which is what we always used. � And this is when the controversy went towards the roof sign. :This is when the letter was sent in to you where there was a misunderstanding and my understanding is that we can have approximately --I believe - 60 sq. feet of sign on four sides of the building, which this one sign in round figures is 4 x 22 or 88 sq..ft. which comes well under this as it is 200 some odd feet of sign, which is what we are interested in getting up We have been open since August 1 - approximately ISthree or. four months with no sign at all. This building .is not identifiable to the Wieners chnitz el only, due to the fact that there are several other drive-ins that have similar buildings,, roofs., -etc so we need a sign.for identity other than the roof itself. We have quite a large roof on there and anything smaller, than the sign -pro-- posed would look likea derby on.a fat manses head. It would be completely out of "proportion. -So this is our reason, for staying with the sign we normally use. - This is what we are asking this Council to approve, the use of our regular sign. Mayor ;Krieger- Thank you, .Mr. G alardi . :Is there anyone else present this evening who desires to speak in favor of .the proposed variance? (No.ione-o) Aire you offering --these pictures for the Council°s consideration as evidence, Mr. Galardi. Mr. Galardi-. Yes sire Ma-yor:Kri.eger- Upon finding that this does not constitute additional new evidence the Council will accept these pictures in support of the requested variance IN, OPPOSITION None • '.Motion by,Councilman Snyder, seconded by Councilman Nichols, and carried, that there being no further public testimony in favor or, in opposition., the public testimony portion of this hearing is closed. .,COUNCIL DISCUSSION Councilman Snyder- The code does not allow a roof sign now, is that correct ? 16 Co ..C. 1.2�-26-67 Page. Seventeen HEARINGS - VARIANCE NO. 609 Continued Mr. Menard, :Planning Director: A roof sign: is allowed in this zone. Under the Cm l zone a roof sign.is not.allowed under the revised sign ordinance. The sign as requested is somewhat oversize. .Councilman: Snyder. The variance is not with regard to the roof sign,? There is no variance required for putting a sign on the roof? Mr. Menard, .Pl.anning :Director: That is correct. We are talking of the: C-2 zone. Councilman Snyder- Then in your- report the other variances in the area are on, size only, is that correct'? You state there are other, variances in the area and they are on size? Mr. Menard, :Planning Director: Right. .Regarding the precedent set, this is correct. .There may be some on height, etc. , the staff directed its attention on signs, in speaking to this issue. Councilman Snyder: The applicant states he is allowed 60' on,four sides of the building? . (Mr,, .Menard presented a drawing and explained what the new sign ordinance would • allow-) 1 Councilman Snyder: Does this section of the code allow those signs on four sides of the building no matter what they face? Say you had R�-1 across the street, does this still, allow this? Mr. .Menard, .Planning Director: Yes it. does. I think the code is geared toward no flashing,-; inter-i:.orly lighted, etc. , and each section spells out that the sign as constructed will not cast light into adjacent residential area. I Councilman Snyder: :But the allowing of 66a on,each of the four -sides does not allow the adding up of this and putting it all on one side? Mr. Menard, Planning Director: The ordinance evidently did at one time, but the ordinance :nowspells out that the 3 to 1 ratio .is allowed and may be placed in a Cm2 or C-3 zone on a .roof sign but the square footage of the roof sign will be subtracted from that allowed on the front of the building, A roof sign is to replace the sign on the front of the building - Councilman Nichols: -If hypothetically a variance were granted increasing the footage allottment on a roof sign based on the philosophical argument that three additional identification signs might have been placed around the building but in this case a larger sign is placed on the roof because this is what is wanted o what would be the implications of the individual in 2 or_3 months desiring to put the 3 signs around the other 3 sides of the building, if the variance were granted? Mr. Menard, Planning Director: It would seem to me, if a variance were granted, allowing him additional signage above that allowed - 17 Co .Ca .12-26-67 ,:,HEARINGS - VARIANCE NO. .609 Continued Page Eighteen on the front of the building which the sign ordinance refers to, that the individual could place the identification signs on the other 3 :sides, unless thecondition were drawn in the variance -that said this roof sign allowed by this variance is. the only • sign' t:hat, would be allowed on the bui:ldin.g.. On several variances that have come up in the, past.we have so specified that :,in the variance. This would be the only sign allowed on the building Councilman Snyder, I have another. question of the City Attorney. Recently we revised the sign ordinance in order to make it more workable, but we still have requests for variances because of variances that. have been granted before. May I ask in revising a sign ordinance that still did not make the changes that: made a variance necessary in the first :place - i.s there anyway of removing all, the rights of a variance so they can',:t be snow- balling and passed on in an ordinance? In other. words is there anyway by an act of the'Counc l that: we can state all signs must,: comply including those granted by variance within a certain length of time. In this way get rid of the problem of variances snowballing. Mr. Terzian, Ass't. ,City First of all you can provide in the variance that Attorney- there is a limitation on the length of time it exists. If you don't put a -limitation of time, then the variance simply goes on until certain things occur such as abandonment for a certain period of time, etc. You can also enact an ordinance which would provide in effect an abandonment. I think: what your question is really aimed at is in taking these prior variances into consideration as precedents in granting new variances �even'though the ordinance is changed. This is something that -is really within the discretion of the Council. I. think in effect that the sign ordinance has been changed and it is something that should be taken into consideration by the.Council and the -Planning,.Commission whenever consideration, takes in the fact, that there are similar signs in the area that was granted by variance sometime ago, prior to the new sign ordinance. Councilman Snyder- This is really my concern because the Ordinance -is really of little value if' we are continually faced with the matterof variances snowballing because other ones have been granted. Mayor Krieger- -This is in the policy field and not a matter of law. Mr. Terzian, Ass't.-.City Dr. Snyder - I might add that sign ordinances Attorney: cause this problem in ,just about. every City .I know of. Some cities solve it by granting variances , others are very tough about it. .Councilman Snyder- Well - you didn't answer my one question. If you took all the signs granted by variances in the City and passed an ordinance requiring their abandon- ment? Mr. Terzian, Ass: t. City I think you could do that but you would have to Attorney- give some reasonable length of time in which the signs could be abandoned. Councilman Gillum: -I have another question, -Mr. Menard _ on the drawing.. We are not talking about an animated sign, are we? C„ -Co 12-26-67 Page Nineteen HEARINGS - VARIANCE NO. 609 - Continued 'Mr. "Menard, Planning Director: The sign ordinance of the City of West Covina prohibits flashing signs, rotating signs or, any nature, also prohibits exteriorly lighted signs so the drawing I think is probably a typical drawing of the copy but would not be • allowed. Exposed bulbs would not be allowed and therefore we eliminate the flashing signs. Councilman Gillum. What concerns me is - and�Dr. Snyder hit on this, that for the year and a half I have been on -this Council, invariably someone comes in with a new business, which we are happy to see, and then iall of a sudden we have a request for a variance on�a sign.. I know they'have to advertise but someplace we are not inform- ing ,these people that: we have certain regulations in this City, and I think this is what is causing thesepeople to come in and request a variance because they cannot meet the existing code. I don't know if we can stop it or eliminate it, but to me the downtown of West Covina is getting to be nothing but hot dog stand signs, - Taco signs, etc. I am concerned that in another four .or .five years if we continue this way we are going to have nothing but signs all the way down Glendora Avenue. -Councilman Snyder: There is another way to look at it, we had a restrictive ordinance and the new ordinance in some ways is less restrictive and in some ways more restrictive, which most people complied with and then you allow new business to come in and put up a larger, sign than you allowed the people that have been here, •and 1 don't think signs are that important. It seems to me unfair to those people that had to comply with that ordinance. Mayor Krieger: Mr. Menard .® I am not quite sure that I like the procedure that: this case illustrates, I don't think the Planning ..Commission has had a fair shot at this situation. I am not quite sure whether it is the thought of the applicant ultimately or by the statement made by someone to the applicant that caused him to take the stance that later turned out not to be a correct one, but :I think it is unfortunate that the Planning. Director is placed in, the position of having to present information to the, Council ,that was not submitted to the Planning: Commission, and it -speaks to the very subject matter of requirements for showing a variance. I think to prevent this type of reoccurrence that matters of this type should by a routine procedure be sent back to the Planning. Commission to allow them to make a decision based upon what the applicant really wants whether it is something that he formally stated or --not on his original application. Within the bounds of his presentation he is allowed.to digress into another field or relocate the subject matter - then the -Planning Commission should be given the first shot; of determining that question on its merits. I find in the report of the -Planning Director of December 22nd certain statements that the staff wishes to speak to the necessary showing of a variance - I am glad somebody has come to speak to the subject matter, even though it wasn't the applicant, and I am not quite sure just how the responsibility fell on the Planning Director after it left the Planning Commission. I can see where the Planning -Director has that responsibility making his initial report to the:Planning .Commission but I think that is where it should stop. The .Planning .Commission should make its decision and -the. Council should have before it the same basic question the Planning -Commission passed on so if we want to take a different -position everybody knows the basis on which we take it. I would like to see this sent back to the -Planning Commission for further findings based on the real .question here. As i understand it, Mr. Menard, the real question here is that a roof sign is permissable but only a roof sign of 66 sq. ft. , and -what the applicant is asking here for is a total of 176 sq. ft. - 19 - C. C. '127-2'6-67 Page Twenty HEARINGS - • VARIANCE NO. 609 - Continued Mr. Menard, Planning Director: This is correct. Mayor -Krieger: Now this is a pure question, the Planning Commission has never really passed on. Mr'. Menard, Planning Director: That is correct. Mayor Krieger: Now as far as the applicant is concerned, I don't believe the applicant brought us anything as far as the showing of a variance is concerned. The Planning.Dir.ector has and the applicant should be grateful, but I am not particularly grateful to the Planning Director for it, because I think he has stepped into a situation where it should have been brought before the Planning Commission, and I recognize the procedure that caused him to be in this bind, but .I think this question should be before the Planning Commission and not before the -City Council as a matter of first rirfstance. Councilman Snyder: I move that the matter of the sign size variance and location be referred back to the -Planning. Commission for .their report . Mayor Krieger: Mr. Terzian - will you make a comment on this? Mr. Terzian, .Ass't. City Attorney: You can hold over your decision on this matter for 30 days, although there is nothing specific in the code one way or the other, there is nothing wrong -with your sending the matter back to the -Planning Commission and getting a further report on it. Councilman Snyder: Do we have to hold it over to a date - in my motion.? Mr. Terzian, Ass't:. -City Yes it has to be within the 30 days which would be Attorney: January 22nd. Mayor Krieger- Does the hearing have to be held open for this purpose ? Mr. Terzian, Ass't. City Attorney: No. Mayor -Krieger: It: can be held over with the hearing closed? Mr. Terzian, Ass't, City Attorney: -That-'s right. If you,want to reopen the hearing you may do so. Mayor Krieger: No. Just for the purpose of Dr. Snyder's motion - Mr. Aiassa, what is the date of the second regular meating in January? Mr. Aiassa, City Manager: January 22nd - which is within 30 days. Councilman Gillum: If the hearing is not held open and we refer it back to the Planning Commission and then it comes back to us with a recommendation, under this procedure - 20 - C • 0 C...012-26-67 Page Twenty-one 1 HEARINGS_ VARIANCE NO. 609 - Continue the applicant is not getting an opportunity to submit any additional information to us as to why we should grant a variance. Mayor Krieger: Unless the Council decides to Bold the hearing open, the hearing is closed. Councilman: Snyder- I will make a new motion since my previous motion was not seconded. I move that this matter be referred back to the Planning Commission regarding the'showing of a variance with relation to the location and size of the sign and that this matter be held over until January 22nd, 1968, with the hearing closed. Councilman Gillum: Seconded. Councilman Nichols: "May I direct some questions to Mr. Galardi ? Are you the individual that would be normally responsible for processing the signage for this facilityy? Mr. G alardi: This is my business - yes. Councilman Nichols: When did you first communicate with the City of West Covina relative to any type of signage for this structure? You. mentioned it had been completed in August and this is December. Mr. Galardi: .I would say probably in September. Councilman Nichols; Sometime after you -had opened for business.. Mr. G alardi: Yes. .Councilman Nichols: Mr. Galardi -• you indicated in your communication that there had been some sort of understanding or that you had been lead to believe that a roof sign -was not: per.missable in West Covina. How did you come to get this information? Mr..G alardi: This came to me third hand. It was relayed by"a building inspector - which one I don't know - to my contractor who in turn relayed it to me. Councilman Nichols: :It could have been, as far as you know, a mis- understanding in terms of communication rather than incorrect information? Mr. G alardi: No, I don't believe that. I believe the interpreta- tion was wrong although he might have been in error .and thought in that particular zone you couldn't have a roof sign. Councilman Nichols: What I am trying to find out Mr. Galardi - quite a long time has passed -since your structure was completed for business until you are here tonight. - where, in your judgment, has been the delay in your achieving the answer as to some type of sign for your busi ness-? Mr. Galardi: Well that is what I believe happened. We first filed a variance for .a free standing sign which we were under the impression was the only thing we - 21 - C. C. 12-26-67 Page Twenty-two HEARINGS - VARIANCE NO. 609 - Continued could have Councilman Nichols-, . Mr. Galardi - so it wasn't something that we expense. Mayor ' Krieger. : When did you make that request? I believe that was possibly in September. We went as far as running the conduit or wires out to this area for the free standing sign. We went that far just dreamed up or we never would have gone to that Thank. you, :Mr. G al.ardi. Councilman Nichols: The only concern I had Mr. Mayor, was if there was any undue delay in enabling a man in our City in business from becoming competitive by being able to achieve signage for his facility, that I think anyway possible that we could avoid holding this over for another month before determining some final answer, that it would be in the interest of fairness. Councilman -Snyder: Mr. Nichols - I don't ,think you mean any inference on your part that this was due to the City's mistake that this has been held up so long - because I can'.1 really see this. If he had a licensed contractor and he did not bring back the correct information J can't see where the licensed contractor was doing his • job - he could -.have got the correct information. I don't feel that it is the City's fault that: this has been held up and in the interest of these variances that they be granted correctly and rightfully and not just because somebody made a mistake somewhere, I would like to sea this go back through the -Planning Commission and through the proper procedure. Mayor Krieger: I think the history of this is also spelled out in. the staff report which indicated that on October 6 the applicant submitted his application and applicant dial this with no benefit of a staff consultation. The applicant was invited to a preliminary meeting on October 19th by mail and by phone and he did not attend this meeting. On November 1, 1967, the case was heard by the Planning Commission. Js there further Council discussion on the motion? Motion carried on roll call vote as follows: AYES. Councilmen Gillum, :Snyder,. Mayor Krieger -NOES: -Councilmen Nichols, Gleckman -ABSENT. None Mayor,Kri.eger: The effect of the motion is to refer back to the Planning Commission for an additi.,onal report and to hold the matter over until January 22nd -with the hearing closed. Councilman .Gillum. Mr. Mayor, I was in attendance at the Plannin g Commission when this subject came forth and-.1 think for the benefit of the applicant, if you will explain to him the procedure, so there is no misunderstanding. Mayor Krieger. If Mr. Galardi will see Mr..Menard during the recess that I am going to call right now for ten minutes, I am sure Mr., Menard will go over the procedure. -22- Ce -C„ 12-26-67 Page Twenty-three • HEARINGS - VARIANCE 609 - Continued Councilman Gleckman: I would also like the record to show that I voted "no" on the motion because I felt with the hearing closed the applicant would have no way of proving a variance which he did not do this evening. Councilman. Snyder: I have no objection to changing that motion. Mayor, Krieger: This will be before the. Council on the 22nd and. the Council can open the hearing on that date if they wish to. THE CHAIR DECLARED A RECESS AT 9 Po.M. COUNCIL RECONVENED AT 9.10 PaM. VARIANCE NO. 614 LOCATION. Southwest PRECISE PLAN NO. 533 —AMIGOS RESTAURANTS, INC. corner of Garvey. and Glendora Avenues. Request to allow reduction in parking requirements and a nonconforming detached :sign in. Zone C-3, and for approval of a family restaurant in Zone.C-3, denied by Planning Commission Resolut ion Nos. 2002 and 2003. Called up by City Council on December 11, 1967. Mavor-Krieger. Without objection by the Council we will combine these two matters for purposes of public hearing and take testimony on both items at the same time. Mrs . Preston., do you have the affidavits of publication and mailin.g? Mrs. Preston, City Clerk:: Yes sir. M04i.on. by Councilman Gillum, seconded by Councilman Gleckman, and carried, that Council receive and file. (Mayor. Krieger asked Mr..Menard, Planning, Director, to read Resolution No. 2002 on. the Variance, and Resolution 2002 on the 'Precise Plan. Mr. Menard read both resolutions in full. He then explained the location of the property with the use of a map.) THIS IS THE TIME AND PLACE FOR, THE PUB''-LIC HEARING ON VARIANCE NO. 614 AND PRECISE PLAN NO. 5 3 3 . .IN FAVOR Robert Orr I really can't elaborate much on the -study that 336 No. Central your Planning staff has made on the parking. Glendale Naturally we agree with the Planning Director, that your code is too restrictive but again that is not the point I want to bring up. I just wanted to give you a little insight as to our thinking and how we arrived at what we think is a reasonable request. A congestion in parking would hurt our business too, so we are also concerned. The parking.on site is substantially what would be required to service the facility and this could better be explained by the operations Vice=President who is here and I am sure will elaborate on the nature of the business . Also, the parking lot - if any would be required from the City parking and in the Old Center all of th.; other tenants are using city parking, so we would be somewhat of an improvement because we would have 80 to 90% of our own parking.. Even though this doesn't help the overall parking in the Center it is an improvement. Our major loadinwould be at night: when most of the C...C. 12-26-67 Page Twenty-four HEARINGS - VARIANCE NO. 614 AND PRECISE PLAN 533 - Continued other tenants are not open so it would not put a strain on the Old Center. Secondly, we feel it wouldn't be a problem on back -out because this is also true of the whole parking lot. The opening between the curb and the parking slots is as wide as the • rest of the Center where they back -out from two sides instead of one. Third, we feel we would be significant -in upgrading the Old Center both from a constructive point of view and an operation point of view. Milton D. Ferdedlis I am the operational Vice -President of the firm 336 No. .Central Ave. and I would like to explain that ours is a very Glendale nice family type restaurant. It is a pretty expensive operation. We make it look very pretty, we do a lot of landscaping. We are after the family trade. Ours is a coffee shop type of restaurant, moderately priced and our building and everything in it is designed for attracting the family. We have full mission tile roofs, the entire building is built out of substone and we like to put nice landscaping around and we have built a number of these in Southern California and been pretty well acceptted in the locations we are in. If there are any other questions about the business we are in I would be glad to explain it to you. Ken Johnson, Architect I would like to bring up just one or -two 416 Nearglen other points that may have already been Covina touched in the Planning department report. Number 1 t- wehavea most extraordinary many possi i It�esa ore u�1du �l zat�iond of this site and the one you have before you proved to be the most advantageous for'the number of parking spaces and the freeway. This is a critical corner and is somewhat tyed to the whole center. It is a matter of sort of bringing new life into the Old Center. I think this has been kind of a planning headache in recent years and I believe this will be a step in the right direction in improving this commercial area. Also I might say that we feel perhaps because of the parking to the. background is city owned and city maintained, but there is a certain public right of the property owner which the other stores in the area are enjoying and which we are not asking for but which we feel we have a certain entitlement to.. We have a ratio of 1 to 4 packing on the site and providing this reduced amount is -acceptable under the terms of the Variance, we would not be counting on any other public parking but it is adjacent to the property. IN OPP4SIT.ION Mrs. Charles M. Evans My only objection to the development of the Oaesar Burgers property is this critical point here, which 1234 E. Garvey is less than 30°. I have been there 11 West Covina years and since the City closed up those two entrances at this point they closed up the outlet in to the Service Road. (Stepped to the blackboard and indicated locations by using the map.) This still is a driveway across but it has been boarded up by the Street Department and then there was an outlet on Service Road but it has been closed up which requires the cars to come around and make a U turn, During the daytime it is very congested. • At night there is plenty of parking. Many times cars would come in and jump the curb because they cannot see the curb. As far as the parking is concerned I think some of this was private parking at one time but because of the freeway I understand for some reason which I am not familiar with - anyway it is'public parking now. Mayor Kriegero Anyone else wish to -speak in opposition to either one or both? THERE BEING NO FURTHER OPPOSITIDN TESTIMONY, THE PROPONENTS PRESENTED REBUTTAL TESTIMONY. m 24 - Co C. 12-26-67 Page Twenty-five HEARINGS - VARIANCE NO. 614 AND PRECISE PLAN 533 m Continued REBUTTAL - Hen Johnson, Architect I can't speak for city traffic circulation but I would imagine that both the access to . Garvey and Glendora were eliminated to line that aooses up with the other street to make a four-way intersection, and perhaps a.Gimilar reason for the traffic being closed at the Garvey intersection, which may not be true but I think that by closing both of those we have less of a problem than if they were left open. In a sense it makes those spaces off of the parking lot more accessible and less of a hazard, THERE BEING NO FURTHER PUBLIC TESTIMONY ..... Motion by Councilman Gillum, seconded by Councilman.Gleckman, and carried, -that the public portion of the hearing be closed, . COUNCIL DISCUSSION Councilman Snyder: Some questions ® would you point out the city owned parking on the maps Mr. Menard? (Mr. Menard, Planning Director, indicated on the map the location of the proposed building and adjacent city parking.) Councilman Snyder: How far down Glendora does the city owned parking go? Mr, Zimmerman, Ass°t, City Engineer: It goes to State Street on that- side of the road and on the other side almost to Walnut Creek Parkway. Councilman Snyder: Then that red line does not indicate a wall, l.r it just describes the property? Mrs Zimmerman, Ass't City Engineer: Yes, describes the property, Councilman Snyder: Just looking at it from the map none of the stores, if you were to divide the number of stores by the usage, have the proper amount of parking, is that correct? Mr, Menard, Planning Director: This is correct. Out of the data bank recently completed, the staff was able to determine in the Old Center at the moment, there is a 55% deficiency in off-street parking and has existed since the Old Center was created. Councilman Snyder: Also it doesn't prevent people that would normally park in the public parking lot or for Caeser's Restaurant or any of those places from parking in back of this proposed restaurant. They may put a sign up saying"restricted to our customers only". but there is nothing that would prevent them from parking there. Mr, Menard, Planning Director: This is correct. Private property could post it but the normal procedures in restricting such parking since this will be private ,,,,,, Councilman Snyder: What I am attempting ,to say m the ingress and egress, etc., will not prevent the m25® f 0 C. Co 12-26-67 Page Twenty-six HEARINGS ® VARIANCE NO. 614 AND PR..ECISE PLAN NO. 533 m Continued the customers from this restaurant parking west in a public parking space or people who would be normally going to other stores from using this restaurant's parking lot, Mr. Menard, Planning Directors I think this is a realistic statements Councilman Snyder: The architect's drawing shows a con- siderable amount of lawn space which adds to the beauty, but you don't show that much room there obviously,.„ Mr, Johnson,,Architects Some sites are bigger than others, Councilman Snyder: One further question? At the north- westerly corner of that property ® is it possible or legal to allow that driveway to exist so that people could drive in through and use the public parking? You would .lose two parking stalls. Mr, Menard, Planning Directors This is a landscaped area here. Co.unc.ilman .Snyder: Well I am thinking of a matter of circu- lation. -".It might be better to give up the two parking spaces, Mr, Zimmerman, Ass'te City Engineer: There is a separate right turn movement on Garvey Avenue, quite close to the curb ..... Councilman Snyder: Alright that answers it, Councilman Nichols: Is this to scale, this map? Mr. Menard,. Planning Director: Generally ® quite close to scale, Councilman Nichols: The statements have been made that 281 space from the property line to the curb exists and this is in excess of requirements. Can you give me an indication of any other place where it is similar and with a type of traffic pattern where anybody and every- body must go o ® that exists somewhere else and would be comparable? Councilman.Gleckmana_. Would..you believe ® Coffee Dan's. Mr. Menard, Planning Director: Coffee Dan°s is a very good example, Councilman Nichols: Exactly parallel. Councilman Snyder: Have you computed that you have a 55% deficiency in the Old Center? Mr.-Menard, Planning Directors This is correct, Councilman Snyder: If you were adding in this building and the added parking that will give this •will that decrease the deficiency if it were joint parking? However, there is no requirement upon them to provide joint parking, but -it seems to me that this parking they are providing even though it is deficient for its own store it would decrease the deficiency for the whole Center, Mr, Menard, Planning Director: If it were joint parking it would drop by a percentage mark. Councilman Gleckman: First of all m as I have said many times before, we could build a hot dog stand ®26m • Co Co 12-26-67 Page Twenty-seven HEARINGS m VARIANCE NO. 614 and PRECISE PLAN NO. 533- Continued in this area and have a traffic problem. There is no doubt in my mind that a traffic problem can and does and will exist in anyplace where there is any activity regardless of how many parking spaces where the street is spread 28' m 30' or 35'. I don't think that would sub- stantiate some of the comments I received from the Planning report and that is one of the reasons I seconded the motion to call this up. I think this is one of the blight areas and I commend the developer for wanting to come into this area, it is probably one of the nicest things that have happened in this area and I can, see where the problem would exist, but I can't see that it would be a sufficient problem not to allow this development to go into this area. I do feel it would be nice to get the amount of parking spaces required but again associating this with the same type of restaurant as Coffee Dan's, in and around Coffee Dan's you may have the required amount of parking but if you do I don't know of anybody that uses it, even when they are provided because they can't of the adjoining property and the adjoining usages. So if the comparison were to be used I would venture to say that you have more private parking here for a development of this type than in some other areas in our City where this type of usage exists and I would have no objection to allowing the Variance for this reason. Councilman Snyder: Mr. Menard, Planning Directors Councilman Snyder: Mr, Menar.d, Planning Directors by the Planning Commission which Councilman .Snyder: that this be required of them to parking? Does the identifying sign require a Variance? Yes it does. That portion of the Variance was not denied specifically? No there was one Variance request off-street parking and a detached sign. The entire Variance request was denied took in the detached sign, May I ask the city attorney - could we make a condition of a Variance m and I am not sure that this is desirable, keep this open and not restrict the Mr, Terzian, Ass -It. City Attorney: Yes, if you want.to. Councilman Snyder: I have a purpose in following this. Evidently there customers are going to be able to use public parking at .will, Mr, Terzian, Ass't, City Attorneys When you say "restricted parking" you are talking of a provision in the vehicle code that says if you are a tenant or owner of private parking you can put up a sign that says "no parking" and puts the address and telephone number of the Police Department and if someone is there more than a certain amount of time they can call up the police and have the car towed away at your expense. Is that what you are thinking of? Mr, Terzian, Ass't, City Attorneys city owned parking area„ e Councilman Snyder: Frankly, I didn't.handle this Planning Commission meeting and I don't know what you mean by public parking, is it a Yes, it is city owned, Mrs Terzian, Ass'te City Attorney: If you can make an agreement with these people. We can't change it, but they could do it willingly, �27m C, C. 12-26-67 Page Twenty-eight • • HEADINGS - VARIANCE NO. 614+ and PRECISE PLAN NO. 533 - Continued Councilman Gillum: Dr, Snyder, I would have to disagree with this very strongly. It was stated by someone that the merchants presently in business are presently enjoying the parking facility and we aren't putting any restrictions or requirements on them, and I think it would be unfair to ask the applicant to come in and develop a restaurant of this type and then say to us m we would like to join your public parking, Councilman Snyder; Councilman Gillum: Councilman Snyder: Councilman Gillum: burden of relieving this problem on develop a nice restaurant, Mayor Krieger: Looking, at it that way, I agree, I really don't think it would be fair to them. But looking at it the other way, they -are -go ing to be using the parking area provided by the city. But this is a problem that has existed here since I have lived here and I don't think we should put the someone that wants to come in and Let's try to keep the discussion amongst the council, rather than individual councilmen. Councilman Gleckman: I don't see that what those councilmen are talking about would make one bit of difference as to the Variance request for this subject property. If this subject property were to cooperate and allow public parking, would that give them anymore parking space than what they have now? Councilman Snyder: You missed the whole point, Councilman Gleckman: No Dr. Snyder, I underst.o.od your point, but the point I am talking to is that this particular property owner is coming in here asking for a Variance because in effect they do not have the required amount of parking on their property that the City ordinance requires, and they in turn have shown that there is surrounding parking for public use, which most of the particular private owners in the area are using. Now they are not asking for anything more than what is being done right now by the majority of the tenants in this area. That in no way, in my mind, will supply them anymore spaces than by cooperating in allowing this to be public property which is basically their problem because they don't have enough space on private property. I appreciate the principle but it doesn't solve the situation, Councilman Snyder: I appreciate your acknowledging the facts and I am aware of everything you said before you said it, but what I am attempting to show here is that since the Planning Commission did not deny this they didn't set up conditions with it and I agree with you that all the requirements of the Variance have been made here because not only do the stores to the west and south not have sufficient parking they do not have any, if you count the fact that they are using public property, So I agree that the provisions of the Variance have been made and I -am only concerned that conditions did not come up with this, that this will become an island here to further restrict the flow into the Old Center and since they are going to have use of this public parking I don't see how it would harm them but would be beneficial to allow parking back and forth. That is my point, but I think this Variance should be granted but it should be sent back to the Planning Commission for conditions unless the staff report _has conditions, 28 C, Co 12-26-67 Page Twenty-nine BEARINGS - VARIANCE NO, 614 and PRECISE PLAN NO, 533 - Continued Mayor Krieger: The Planning report of December 6th has certain conditions on the Variance. I would like to get to the heart of the matters Mr. Menard, with respect to the hearing before the Planning Commission, you submitted a report of December 6th, is that right? • Mr, Menard, Planning Directors This is correct, Mayor Krieger: Alright then the Planning Commission hears the testimony and I wouldn't know what the testimony consisted of and I haven't heard any testimony from the applicant having to do with the Variance but we do get a report from you and this report is dated December 22nd and this seems to tie in with your report of December 6th-and suggests the grounds of a Variance and there have been a couple of comments by the applicant that they are happy with your report so I assume they accept your report as their proof on grounds of a Variance but what does bother me a little bit about this you say in your report of December 22nd m "The intent of the report is in no way todigree or dispute the intent of the Planning Commission...." What is the intent of this report of December 22nd and why did you write it? Mr, Menard, Planning Director: use requested and the fact that West street parking requirements does see surrounding, city. To further explain the situation since Council had seen fit to call it up as to the shape of the land, the Covina in their restrictions on off - to be the most restricted of any Mayor Krieger: But. the Planning Commission is a • sophisticated body and they are dealing with the same geography as we are, the same problems, the same people, the same facts that we are, why -- between the Planning Commission level and the City Council level do we get this information? Is there something in this report of December 22nd that the Planning Commission was not co�nii' nt of, or that you -should have included in your -December 6th report to the Planning Commission, so they would have had it before them when they passed on it, Mr. Menard, Planning Director: I think Mrs Mayor that the hearing before the Planning Commission brought out many points that I attempted to put into the report of December 22nd. It was a rather searching hearing and a rather long hearing, Mayor Krieger: Did you suggest to the Planning Commission at the public hearing that the staff would like the opportunity to submit additional information and material to the Planning Commission before they reached a decision on this? Mr, Menard, Planning Director: As a matter of fact,your _Yionor - a recess was called at the Planning Commission level and Mr. Zimmerman and myself were requested to go back to staff rooms and pull out some actual facts and figures on dimensions that were not available and are now available in this report of the 22nd. The items presented in the • December 22nd report to the City Council basically comprise those verbal reports that Mr. Zimmerman and myself made to the Planning Commission at the time of the hearing before the Planning Commission, They had not been included in the original staff report to the Commission, Mayor Krieger: But you would say to the Council at this time that there is nothing in this written report of December 22nd that you submitted to the Council that was not verbally presented by yourself as a staffman to the Planning Commission for their decision? o�9- C. C. 12-26-67 Page Thirty uFaRTNGS VARIANCE NO. 614 and PRECISE PLAN NO. 533- Continued Mr. Menard, Planning Director: May I refresh my memory for just a moments Mr. Mayor? Councilman Gleckman° May I proceed along this line, there is something I don't understand and maybe you can clarify it for me, since you brought it up. Evidently it seems to me that you find an objection'to the reasoning behind the Planning Department m not only in this report but in any report that comes to this Council of their showing proof of a Variance in a staff report to us? Am I wrong? Mayor Krieger: You are reading it a 180 degrees wrong. The staff report of December 6th talks about variances and one .of our responsibilities is to analyze these matters as it does pertain to ,Variances. What I am talking about is the staff report of December 22nd, 1967. I wasn't at the meeting of December 6th, I don't know what was presented to the Planning Commission by the Planning Department except the report of December 6th. I want to know what was before the Planning Commission when they denied this Variance beyond their Resolution. This is a legitimate area of inquiry and I would like to know that the full staff work has gone into these matters before the first deliberative body that we have, which'is the Planning Commission, and if they are not being given the benefit of all the information that can be given to them, then I don't think the procedure` we are following is such that the decisions that are made by lower bodies are going to be very well made, Councilman Gillum: • to the best of my knowledge covers th the information that was requested by to them that evening verbally by our hearing and such things as parking- i general area that do not provide any asked of the Planning Director and he report of the 22nd pretty well covers Since I was a representative to the Planning Commission and present at this hearing, this report of December 22nd .e area that was discussed verbally and the Planning Commission was given Planning Director. It was a lengthy n other areas of restaurants in the parking, all these questions were made o verbal report and I think this it. Mayor -Krieger: Well that is the pending question I had of the Planning Director, and so there is no misconstruction of what I am intending I feel that it would be extremely inadvisable if the Planning Director finds himself in any guise between the Planning Commission and the City Council, as an advocate and it is an extremely difficult line to draw when an additional written report is submitted to the Council and it states in the report ® I wouldn't in anyway attempt to argue the case because you can't possibly be placed in a position where you are submitting comments unless you submitted those comments to the Planning Commission and then I assume it was done in a verbal form rather than a.written form without doing a disservice to the Planning Commission and I don't want to see the City Council or the Planning Director whether intentionally or unintentionally do a disservice to the Planning Commission when they pass on this. This is the real idea. Councilman Gleckman: Okay, now I understand. . Mayor Krieger: We may overrule the Planning smisisecetetdnehe aeevnorsamesubtac or rounds that the Planning Commissi n a9termined it. If I were to sit n Ee Planni Co miss n nd thh si�ua on were reversed would expect he same coursy romohe ounci.l. Councilman Snyder: I agree with that concern. I.think this is part of our problem with the Planning Commission now. 3 0 Co Ce 12-26-67 Page Thirty-one HEARINGS e VARIANCE N0, 614 and. PRECISE PLAN. NO. 533 - Continued Mayor Krieger: Commission? Mr, Menard, then ,your statement is that this is merely a summarization of what you orally presented to the Planning Mrs Menard,'Planning Directors This is correct and I h ve just once Hoain .gone ov-gr t and t can -state that the best of my intentions_ and -know - Wedge that these things were stated to the Planning Commission during the hearing and were presented in the report of December 22nd to the Council, so the City Council would have full benefit of those items, • Mayor Krieger: Getting off the present subject and to the merits of this as far as the detach- ed sign is concerned, I am sorry, but I have some trouble on figuring what we are being asked to grant the Variance® from what to what? Mr, Menard, Planning Directoro The zone is 0-3, a roof sign would be. allowed as a at eE�°° .of riight w s n as a matter o r grit, bui a det.cgell s in is prohibited by the sign ordinance and is allowed only under a variance pro- cedure except in a service station, Mayor Krieger: Mrs Menard, Planning -Director: Mayor.Krieger: Mr. Menard, Planning Director: Mayor Krieger: Mr. Menard, Planning Director: Mayor Krieger: ing to 26 spaces, Mr. Menard, Planning Director: The location of the sign? The fact that it is a detached sign. What about the size of the sign, itself? The size of the sign is smaller than -would be allowed based on the amount of lineal frontage of the building itself. Alright then we have one question on the sign -and that is if we should allow the detached sign itself. This is correct. The second question is that this would .require 3.5 parking spaces and whether we should allow them a variance by 9, reduc- Correct, Mayor Krieger: Talking about that - I would like to direct a question 'to the applicant ® if 3 or 4 space-s in addition were deleted from your proposal.and placed into._lands.caping instead, and I.am.talking about that corner - the radius of the curb .ac.ro.ss from Ca.eser° s ® if they were to take off the first 4 s p ac_ez that would reduce as I under.s tared ..t.he it .parking _s.p ac.e s , to 22, and you have indicated in yo.ur.report that the ave.r.age.s.pace require- ment is 240. Does the applicant have any comment to make on that particular thought, in that it is a prop.o.sal.as to the sufficiency of the parking space for this facility? Recognizing, that we are going in the opposite direction of the Code, •Mro Orr: We would. certainly have no objection, I think - recognizing it is mainly the City ° s doing. Mayor Krieger: You indicated to me and the thought came to my mind that you expected a heavier traffic concentration during the night operation and by your own inspection of that area, which I could agree from my own observation, the night time parking is at a minimum in that area. Mr, Orr ° As far as the .other businesses in that area yes, that was my comments ® 31 0, Oo 12-26-67 Page Thirty-two HEARINGS ® VARIANCE NO. 614 and PRECISE PLANNOo 533 - Continued Mayor Krieger: And you said by your comment that the major portion of your traffic would be the nighttime or dinner time hours, .Mr, Orr., Dinner hours from 6 to 9, Mayor Kroieger: I just throw this.point out to the Council from the standpoint of increasing the landscaping which I would like to personally achieve in that area, and secondly, decreasing the problem which I don't think is quite as analogous to some of the other areas and that isr not only the depth behind on the straight backout but the fact that there is traffic turning in a radius rather than coming in a straight line and I am a little bit concerned about that type. of traffic Councilman Gleckmana I think it is a good point and if the .applicant has no objection, I_would accept the reduc.t.ion,.in parking space, (Council discussion m Mr. Menard used the map to explain,) Councilman Snyder: May I ask a question of the applicant? Would you agree to not a joint parking agreement but never restricting your parking just to your customers, if in deleting this ..... Mr, Orr., Our operation normally starts about 11:30 a.m., in the morning ® we are not open for breakfast and usually close •around 9 and 9:30 in the evening. Our major business starts right around 6.,30 to 8 p.m. We do have a lunch crowd but it is between 12 and 1:30. The rest of the time we don't use even this much parking and need say 12 - 15 spaces which would be adequate, so I think a cooperative venture would not be at all to our detriment and probably help us very much because when the normal shopping to the Center stops that is when our increase would start, Councilman Snyder., May I interject here - that could even be reduced. The cooperative venture .could even be that parking in the rear, Mr, Orr., Being very practical we can't keep people out of our spaces. One major reason is they may be our customers and we are not going around insulting our customers, Councilman Snyder: flow many employees will you have parking? Mr. Orr: -We have a total of about 12 to 14 but they -are not there at one shift. We do ask our employees not to park on the premises but 'to use side streets or some spotthat is not crowded during the day, Councilman Nichols: I think that I am certainly not in dis- agreement with any of the major oraliza- Lion. I think we as a council have an •opportunity here to see an are.a.of our community improve. If this area that we are talking about were deeded as a business st-ore, this facility could come in and build almost to the curb and would not be required to put in any parking at all. I won't repeat all that has been said about the other businesses in regard to parking and I realize at times there maybe somewhat of a parking problem in the area. I am thinking basically of the traditional business in commercial. areas ._such .as Second Street in .Pomona, where you have a public owned _street and parking .at the .curbs .and _all of the bus-ine s.s e s using that parking jointly and it would be incredible to even -require someone wanting to develop a remaining C-�1 lot to put parking on that lot, ®32m C, C. 12-26-67 Page Thirty®thr_e-e HEARINGS - VARIANCE NO. 614 and PRECISE PLAN NO. 533 m Continued and I am in total agreement with the concept of removing a portion of the parking requirement here in order to further beautify the area. I think we have indeed a unique location in the City and I think if ever a variance would apply in terms of restricting or reducing the parking that would apply I would think it would apply here and I would concur 100%, .I would certainly say at least the four spaces and I even wonder if it might not be in the interest of the City to go a step further here and perhaps remove all of those rear parking requirements with the possibility of some negotiation for the utilization of some small portion of that plus slight extension of the traffic ray into the area and put the remainder in landscaping, but I would not jam up the hearing to come in with some entirely new concept, but I certainly would go along with what was described there. I think we have a chance to beautify the area. Motion by Councilman Gleckman, seconded by Councilman Gillum, that Variance No, 614 be granted subject to the conditions of the Planning Department, Councilman Snyder: Are you talking about the conditions in the Variance or that apply to the Precise Plan? Mr, Terzian, Ass°t, City Att°y,: Variance, .Mayor Krieger- This would be a requirement then that they supply 26 spaces? Councilman Gleckman: Reducing the requirement to 22 spaces as far as the parking is concerned, • Mayor Krieger- The motion would be to approve Variance No. 614 subject to the conditions imposed upon the Variance by the Planning Department report of December 6th appearing on Page 3,, Items 1 through 4, with the exception that _the number of required parking spaces be further reduced from.26 to 22 in the indicated location. Motion carried on roll call vote as follows.* AXES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES- None ABSENT: None Motion by Councilman Gleckman, seconded by Councilman Gillum, that Precise Plan No. 533 be approved subject to the conditions of the Planning Department with the addition that four spaces removed from the Variance be landscaped referring to Study Plan A on the board as an exhibit and at the supervision of the-ad-ministrative staff. Motion carried on roll call vote as follows: AXES- Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT. None Mayor Krieger: Mr. Menard m you will administer this, a using Study Plan A as a guide with respect to the imposition of landscape requirements. ORAL COMMUNICATIONS None m33® C, Co 12-26-67 Page Thirty-four WRITTEN COMMUNICATIONS LETTER FROM ROBERT Go MOSS Re, HUNTINGTON BEACH FREEWAY CITIZENS BLUE RIBBON COMMITTEE REPORT Councilman Gleckmane I received this sometime ago in the mail and as far as I am concerned I would move that we receive and file, • Motion seconded by Councilman Nichols... Mayor Krieger*, This, gentlemen, as I remember it was the man that gave us a minority report of one or two. We have received the report and have not referred it yet to the Planning Commission, With respect to the subject matter of this there is nothing that you feel, Mr. Gleckman, that warrants or justifies a response at all? Councilman Gleckman*, No, I feel at the original meeting that we held, whether Mr. Moss was in attend- ance or not I can't verify, but it was explained at that time'as to the organization of the Steering Committee and the purpose in mind of the Committee and the Steering Committee, like any particular Citizens Committee_ you are going to have to have somebody in the forefront setting a pattern and plan for discussion and I think if we would do anything aside from accept and file his report, that we would open the door for every member of every Citizens Committee also putting in his own personal opinion and personal thoughts before this Council, in no way at least in my mind, was the intention for organizing such committees but only that it would be handled through the Committee. I think we have shown this man tiie consideration he requested by receiving his minority report, • Councilman Nichols*, Would you amend your motion to receive and file and acknowledge? Councilman Gleckmane Fine, yes I will. Councilman Nichols accepted the amended motion a Councilman Snyder*, One comment that came to me from .a member of this Committee, that the Committee .members were limited to discussing a new freeway through the City and not the subject of opposing or not allowing the freeway was not discussed or allowed to be discussed. According to this member the only thing that the Committee took up was the route of the freeway. This may or may not be true and probably there was a reason for it, if true. There would be no reason for such a Committee if they came not to oppose the freeway, however sometime, from a publicity and public relations point of view, if this Committee and the City is not to run into opposition and causing a certain panic than the reasoning behind and supporting this development of the Freeway should be disseminated more, because I have had many people who do not necessarily lie in the path of this proposed freeway but just happen to live in West Covina, they have come to me and ask how soon they should sell their house and get out of town because they don't want to live in a town that will be cut again by a Freeway that may cause all the problems our east -west Freeway caused, Now I am not saying that I am right or that I agree with them, but I have had many people come to me on this subject and by "many" by dictionary definition is more than 70 Councilman Gleckman*, First of all, it is unfortunate Dr. Snyder, that the person that talked to you didn't attend all the meetings that he was supposed to, or didn't hear all that was discussed-, because the Committee did not take up the subject of "go" or "no go" until the final meeting, after they had benefit of all reports and all the individual committees came in with their individual reports. But, that particular subject was discussed only at the end and not at the beginning. Had we I Co Co 12-26-67 Page Thirty-five WRITTEN COMMUNICATIONS (Item 3) m Continued discussed at the beginning you wouldn't have had a Steering Committee, nor would you have had a Huntington Beach Freeway committee because the vote would have been 69 to 1 before we set out to studying this that we do not want another Freeway in West Covina and it was decided at the first meeting that we would put that subject aside until the final meeting and the people had the benefit of reports, so if you will have the person that • told you that get in touch with me I will be glad to enlighten them. The second part, let me just say that this Committee, similar to every other Citizens Committee that went before them, and in fact in some degree unlike some of the other Citizens Committees that we had requested and formed, first of all none of their action is adopted by this City until the State Division of Highways or any other power that does_give each and everyone of the people in the City of West Covina as well as those who have sat on that committee, the right to be heard before a public hearing befo.re_our.Planning Commission which will probably hold several hearings, as well as this City Council, before getting agreed upon and I think if there is any information that should be disseminated to those people that call you, they should be informed that this is merely a recommendation made by a Citizens Committee who had volunteered to serve on this Committee. The answer you have to give these people is the answer I am giving to you and if and when the public hearings take place I am sure at that time they will be aware of this. If you would like and the rest of the Council sees fit that some type of publicity should be put in the taper.that everything we have done doesn't mean anything so they don' t pay any attention to it - I don't think you would get a majority of this Council to vote to that. But what are you saying when these people ask ® what have you told them Dr. Snyder?. Councilman Snyder: I have told them essentially what you • said that there are going to be public hearings, but I further feel that enough information was not given the Committee on how necessary the Freeway was from'the City of, West Covina°s standpoint and what benefits and dis- advantages would be, Mayor Krieger: That, of course, is for the Committee to ultimately make any additional presentation as a minority report or a majority report as the public hearings begin on this matter. I intend to bring up later this evening the action on the majority and minority report on this matter, but right now the motion is simply to receive and file. Further discussion? Any objections? So ordered, CITY ATTORNEY 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. 384 Dr, Henry H. Moghtader) . `P Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that Council waive further reading of the body of said Ordinance, • Motion by that the Councilman Gleckman, seconded by Councilman Nichols, and carried, Council introduce said Ordinance. ORDINANCE INTRODUCTION The.City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING PROVISIONS OF SECTION 6402 OF THE WEST COVINA MUNICIPAL CODE _RELAT-ING -TO -THE T.AX .IMPOSED AND THE PROVISIONS OF. AN OCCUPANCY IN A HOTEL," ® 35.m Co C, 12-26-67 Page Thirty -Six CITY ATTORNEY ® Continued ORDINANCE INTRODUCTION m Continued Motion by Councilman Gleckman, seconded by Councilman Snyder, that Council waive further reading of the body of said Ordinance. Motion carried. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, ..that Council introduce said Ordinance, Councilman Snyder-, May I comment that if the staff could find how when the County passes their. Ordinance we would have the second reading and adopt, Mayor Krieger-, Are you talking about the transient tax or the real property tax? Councilman Snyder-, The transient tax,. Mr, Terziann Ass't, City Att°y,o I don't know if the County is amending their Ordinance. They probably will, Councilman Snyders According to the information I received at the League meeting they are and they asked that all the Cities do it at the sametime - they just asked as a matter of cooperation that we do it at the sametime, but it is not mandatory. ORDINANCE NO. 1020 The City Attorney presented.-,, "AN ORDINANCE OF THE CITY COUNCIL OF THE • ADOPTED CITY OF WEST-COVINA AMENDING CERTAIN PROVISIONS OF THE,WEST COVINA MUNICIPAL CODE RELATING TO NOTICES OF CERTAIN PUBLIC HEARINGS.," 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 Snyder, that the Council adopt said Ordinance. Motion carried on roll call as follows: AYES-, Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES-, None ABSENT: None RESOLUTION NO. 3712 The City Attorney esented: "A RESOLUTION OF ME .CITY COUNCIL OF THE ADOPTED ��TY610 WE�ONALDIMAHONEYGRANTING A VARIANCE, Mayor Krieger: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Snyder, seconded by Councilman Nichols, that the City Council adopt said Resolution, Mayor Krieger: I would like to discuss this one. I still think this i-s going to establish an unhappy precendent having to do with this Wash type property. I would certainly like to see Mr. Mahoney, or anybody backing up to that Wash landscape and improve the appearance of the area, but to get some improvements by granting a Variance,so they can develop subsize lots with additional improvements, as far as I am concerned is a return on an investment in a residential area with the sole purpose of re- turning as much money on a piece of property as possible.and it has frothing to do with the aesthetic appearance of the area and I foresee all types.of applications being filed at this Council by property owners along the Wash - 36 - C, Co 12-26-67 Page Thirty-seven CITY ATTORNEY m RESOLUTION NO. 3712 m Continued asking for the same objective. The future Council is going to be hard hit to turn it down with -such a clear cut case of a Variance being granted here, Councilman Gleckman-, I also felt that it not only opens "Pandora's Box"with regard to the Wash, but it opens up the whole deep lot area of West Covina, and again I feel it is bad enough to give a Variance when a person owns a particular piece of property and can't develop it in the manner in which our codes set down, but to allow a variance on the purchase of an additional adjoining property to give higher and better return on the property and not give them more open space and a better place to live, etc, I.think it defeats the purpose of our having certain ordinances in the City. I have spoken against it before and I repeat my concern, Councilman Snyder: However, there is one thing, the property would be of no value to anybody else without combining it to the lot next to it, so therefore unless the adjoining property owner buys it, it will probably remain a weed patch forever, so I can't conceive of anyone else wanting to buy its The situation in fact in this particular case was created in fact by the way the subdivision was laid, out in the first place and not judging how much the Flood Control was going to take or give back for use, and it is in some respects City -caused. I for one have a hard time mowing our lawn and I wouldn't buy a piece of.grass next door to have more lawn to mow and there is more likblihood of improvement by doing this. Councilman Nichols: I would like to respond to this because _I think one could have made a decision on this and gone either way with reasonable . justification, And Councilman Gleckman and Mayor Krieger have made some valid points. I looked very carefully at the property and I did compare also in my mind the potential problems that might develop as to what precedence might be established and what would be happening, but I think perhaps it was just a matter in my mind of looking at some other aspects of it tnd putting more emphasis in that direction. I thought in my mind that there was considerable amount of land in the City that is not on the tax roll and is absolutely dead sand that could be used in that type of cul de sac development. It is true that somebody is going to make some money on it but that in itself is no cardinal sin and the City provides that no one is getting hurt therebyi_and the Planning Department did inform us that the frontage being created by the new land was above the minimum required under our subdivision ordinance in that type of cul de sac developments We can go into some of our highest areas in the City and find lots facing on streets with no greater frontage and totally in keeping with the area. The lot size reduction was quite moderate, actually. As I recall it down to 8000'. I could not see in my mind that the utilization of that kind of a lot would be harmful to the City or anybody and would be helpful to the City in terms of bringing back more tax revenue to the City and finally I would say I voted for it because it did meet the minimum requirements for lot frontage in the City and I think if someone else comes in and buys -an additional matching piece of land and it meets the minimum requirements that I wouldn't have any trouble granting others If it don't meet the requirements than I could say that I don't go along with the Variance, that was my thinking. Motion carried on roll call vote as follows: AYESo Councilmen Gillum, Nichols, Snyder NOES: Councilman Gleckman, Mayor Krieger ABSENT: None ®37m C. C, 12-26-67 Page Thirt e: ghc C: • CITY ATTORNEY - Continued REPORT ON PLANNING, -COMMISSIONS' COMPENSATION Mr, Terzian, Ass't, City Att'y,- Mr, Mayor, at the last meeting a request was made by Councilman Gleckman for further information with res ect to the Planning. Commissions' comp.ensationo Government Code section r55252 pro- vides that members of a Planning Commission "may receive compensation f.o.r their.attendance at each meeting of the Commission in a sum to be fixed by 00000" and goes on to describe which body appointed them, which in this case would be the City Council. In -addition they -c-an also -receive reasonable travel expenses to and from the usual.glace of commission business and -the place of commission -meetings. Now this is the only compensation for Planning Commission referred to in State Many cities, as you know, do not pay their Planning Commission anything at all and in our office we reached the conclusion that this would probably give the City the choice of paying no compensation at all or paying compensation but compensation based upon attendance at a meeting. Now in view of that we felt it advisable, perhaps out of excess caution because we can't point out any particular case' that has ever interpretated this, but we feel it advisable to put the Planning Commission on a straight monthly basis. We did not find the comparable State law on the question of Recreation & Park Commission, Personnel Hoard or Human Relations Commission, I might also add I _was -in error that the. Human Relations Board was not paid, they are not paid by Ordinance in the code, but by a Resolution, I.believe, Mr. Aiassa, might have something to add to this report, Mr, Aiassa, City Managers According to the Ordinance and in talking it over with Mr. Terzian we have a maximum of 450.00 that the Planning Commission can receive. If you raise that to 475.00 that means a Commissioner can attend 3 meetings a month and be paid for three meetings a month. Now you .only pay $50. _-a.-month .b.ec.au.s.e .he .gets .#25, a meeting and if he attends five meetings that month he is only going to obtain 450. Mr, Terzian, Ass't, City Att'y,- I think you had better read the Ordinance Mr, Aiassa - that isn't what the Council has to approve, Councilman Gleckman- (Read from. the Ordinance) "Each member of the Planning Commission shall be en- titled to receive and be paid for services as such member a monthly compensation equal to 25.00 per each regular, special, or adjoined meeting of the Planning Commission attended by him during the month but not to exceed the sum of $50,00," Mr. Terzian, Ass't, City Att'y,o* pay them more a year. Mayor Krieger: Councilman Gleckman In e ffect w put a 50.00 a month ceil ng, bu a do y a measurement and there is nothing that says you can't Or you can't pay them more per month. How about not to exceed the sum of 475.007 Mr. Terzian, Ass't, City Att'y,: We have a $50.00 a month ceiling and you can raise the ceiling. Councilman Gleckman. Can a year? r......._ Mr, Terzian, Ass't, City Att'y,o You could do that but I think it wolild be mi+,. or R monthly basis, Councilman Gleckman- -- - I am sa inngg 075.00 a month but not to exceed 600.00 a yyear. If you put $75-00 conceivably be paying them $1000. a , month the idea is Mr. Terzian, you could Mr, Terzian, Ass't,-City Att'y,: You mean in addition to, $75.00 per month with a ceiling of $600. a year. ® :8 m Co Oo 12-26-67 Page Thirty-nine CITY ATTORNEY - PLANNING COMMISSION COMPENSATION ® Continued Mayor Kriegero The idea was to.Ansure that there was a variance because of the number of meetings they attend and in order to accomplish this you would have to take it on the year basis and back up to increase it monthly and set a maximum.ds the annual, Councilman Nicholso And then you come into the last three • months of the year and someone doesn't get.anything for the _last three months because they attended meetings during the year and was paid more for a humber of meetings, Mayor Kriegero But the compensation would average out and I think this was what the intent was, Councilman Gleckman: Are you saying you don't believe the Commissioners will attend the meetings becausehe doesn't have any more money coming? Councilman Nicholso I think the argument is an academnic one. I am saying it would seem rather strange if the Planning Commission had hypothetically between January and June meetings and receive 6 monthly payments of 075.00 and then for the next 6 months of the year got no remuneration whatever because he used up his ceiling. That doesn't seem reasonable, Councilman Gillum.- We slart1d out on this tji.nking of trying to g ve hem some protection. Councilman Gleckman.-. That is really what we are looking for. If you give it the other way and.say he did do what Councilman Nichols said and the other 6 months he.misses one out of every two -meetings but attends three meetings then he may only get $300, for the same amount of work. Councilman Nichols: I don't think Planning Commissioners miss that excessive a portion of their meetings. I think the "miss" is only an occasional thing. It might be only a loss of between #25. or 450. a year. Certainly if a Commissioner misses an extensive number of meetings that is excessive ..... Mayor Kriegero Councilman Gleckman let me ask you a question - you are the one that brought this ups Councilman Gleckman.- Right and I feel strongly about it, Mayor Krieger-. What if the compensation was set at 450. a .meeting :and not to exc_ee.d the sum of $50, m would that not alleviate the problem 1 you have raised? Wouldn't that eliminate the problem? Councilman Gleckman.- You mean $50. a meeting but not.to exceed $50. per month in anynone month? Yes that would be fines Mayor Kriegero Doesn't that accomplish the whole objective that we set out to do? In other words, raise the compensation per meeting from $25, to $50. per meeting and keep the same ceiling. Councilman Gleckman: I agree, that was all I was interested in, Mrs Terzian, Ass't, City Att'y,o Somehow you made it too simple', Mr. Mayor there must be something wrong with it, ,Councilman Nichols-, Well I don't like it. A year.or two from now they are going to say ® well look they pay us 050. a meeting and we are worth that, they are so cheap they won't pay us for any of these other meetings we go to and for all the intent ,you are trying try do nowg'- it Trill be down the tube. m 39 C. Co 12=26-67 Page Forty CITY ATTORNEY o PLANNING COMMISSION COMPENSATION ® Continued Councilman Gleckman-, I would like to change the Ordinance to read $50.00 per meeti4g; hot -to exceed 450.00 per 'month, • Mayor Krieger, Councilman Gillum seconded the motion. The motion has been made and seconded to direct the City Attorney to prepare an O.rdifidnce in effect'-to".regulate this. Motion -parried on roll call vote as followso AYES, Councilmen Gillum, Snyder,,,Gleckman, Mayor Krieger NOESo Councilman Nichols ABSENTo None Councilman Nichols-, Mr, Mayor, will the record reflect that my 44no" vote was strictly on a procedural "no" vote, CITY OF WEST COVINA vs, IRISH, ET AL COURT AWARD TO MESSENGER Mr. Aiassa,. City Manager-, We would like to have authorization to pay $24.90 more in the case of the City vs, .Irish, et al. Motion by Councilman Snyder, seconded by Councilman Gillum, that the . Council authorize the City to pay #24.50 to Motion carried on roll call vote.as followso AYES-, Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES- None ABSENT; None CITY MANAGER FIRE STATION NO. 6 SITE Moti.o,h by Councilman Gillum,. seconded by Councilman Gleckman, that the City Council approve appropriation of 032,000 for the purchase of Fire Station site 6 from the unappropriated balance in the General Fund, Motion carried on roll call. a' follows.-, AYES-, Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES, "None ABSENT-, None DONNE PROPERTY M do by ftuncilma Gillum secondd C cilnan Geckatn that the C ty ounc author ze a ayor an Cy �er o en er n 8 an agree- ment to purchase the balance of the Gonne property for the sum of 423,500. Motion carried on roll call as follows-, AYES-, Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES-, None ABSENT-, None UPPER SAN GABRIEL VALLEY WATER ASSOCIATION ®1968 DUES Motion by Councilman Gillum, seconded by Councilman Nichols, that the City Council authorize the payment of #100. for the annual dues of the Upper San Gabriel Valley Water Association, Motion carried on roll call vote as follows-, AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: Councilman Snyder ABSENT: None m 40 Co Co 12-26-67 Page Forty-one CITY MANAGER e Continued WILLIAMS, COOK & MOCINE STATEMENT OF NOVEMBER, 1961 Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council authorize payment to Williams • C.00k_& Moc.ine.as per the statement of November, 1967, in the sum of $3,347.Motion carried on roll call vote as- follows -, AYES, Councilmen Gillum, Nichols, Gleckman,. Snyder,Mayor Krieger NOES-, None ABSENT-, None FRIENDSHIP PARK DEVELOPMENT Mayor Krieger-, Is there..any questions or.di.seussion on the report? The only question I had is o I am s-orry Mr. Gingrich isn't here it has to do with the tennis court. This is the only tennis court in the entire area and they -have only one tennis court, they have all kinds of landscaping and they have vario.us types of intermediate play areas ® ® I would like to see at least two tennis courts in the area. It certainly seems to be rather odd to put .one tennis court in the whole park. Councilman Gleckman: Yes, I agree, Councilman Snyder-, I don't know of any tennis courts in West Covina Parks, except where we have joint use with schools, Councilman Gleckman-, The idea though is that we are developing this particular park area and there isn't a school with a tennis court on it, Councilman Snyder.-- I would agree with that, Oounc.ilman.Nichols.- But gentlemen it is only a six acre park and it can hold just so much in facilities, Mayor Krieger.- Correct but it is a question of what facilities you supply, Councilman Gleckman-0 Well Councilman Nichols if you look at this in proportion m you tell me it is only a six acre park but if you allow space ^for the additional tennis court and compare with the space they are attributing to this one tennis court, then you tell me where it is really going to make the dent you are talking about. Councilman Nichols; I understand that but I understand also Ahat w ref rfed lL to ot�er bolies� the ecrea ion ark ommiss on an Hai and who am I to consider myself an expert that my judgment should prevail over all these other bodies that have discussed it, Motion -by Councilman Snyder, seconded by Counc.iima:n Gillum, and carried, that City Council approve the Friendship Park Development plan as presented for the future development of the park site and give consideration to the possibility of a second tennis court as funds become available, COUNTY ZONE CHANGE 5286.1 LOCATION-, SOUTHWEST CORNER FRANCISQUITO (STAFF REPORT ON REGIONAL AND AZUSA PLANNING COMMISSION DECISION) Motion.by Councilman Gillum, seconded by Councilman Snyder and carried, that Council authorize the staff to appear at the hearing tefore the Board of Supervisors and present that opposition to the proposed change at Francisquito and Azusa, m 41 m C. C o 12m26-67 Page Forty-two; CITY MANAGER ® Continued VALENCIA HEIGHTS WATER COMPANY LAND DESCRIPTION CHANGE Mayor,.Kriegero -Mr, Aias.sa, did the City Attorney take a look at this revised lease? • Mr. Aiassa, City Manager-, Yes we discussed it again today and I believe Mr. Zimmerman has a map showing this, Mayor Krieger-, Mr, Terzian have you approved this as to form? Mr. Terzian, Ass3to City Att°yos Yes, I have Mr, Mayor. Mayor Krieger: Mr. Aiassa, City Manager. - Mr. Zimmerman, Ass°t, City Engineer-, Does this have any effect on water requirements that the lessor has to meet? Nog it has no effect on that, Mr. Mayor this is merely an exchange of property and has no change whatever to the terms of the lease Mayor Kriegero This is the point that bothered me. The signators to it may be less than the signartors to the original lease, or let me put it in a formal question. Are the signators to this amendment the same signators in all respects as to the original lease? Mr. Zimmerman Ass°t Engl�gers I don't know, I do not have the original lease, Mr, Mayor, Mayor Krieger: But what bothers me is something that I saw happen. It was a modification of -an existing lease where the signator to the modification were not in all particulars the signators to the original lease. Mr, Terzian, Ass°t, City Att,ey,: The question has arisen, let me check into it. Hold it over and I will check it, Mayor Kriegero Is there only one signator as far as the lessor is concerned? Mr. Aiassa, City Managers One president signed it. Mayor Krieger.- No I don't mean the individual, I mean the actual Mr. Zimmerman, Ass`t, City Engineer: The lease is with the Water Company, Mr, Mayor, I don't know what the individuals;are that signed it, Mayor Krieger: Is there any urgency to this? Mr. Terzian, Ass°t, City Att°y,: I suggest you hold it over since the question has arisen. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, thtt 08uncil h ld o er unittl the next regular meeting the Valencia Heights land �escr p ion change, - 42 m C. Co 12-26-67 Page Forty-three CITY MANAGER m Continued LOS ANGELES COUNTY -LA PUENTE-WEST COVINA STORM DRAIN PROJECT FEDERAL FUNDING REQUEST Councilman Gleckman: Mr, Aiassa e weren't you supposed to get some more information on this? • Mr. Aiassa, City Manager,* Yes, we have quite a bit more information dance Dec tuber 21st This is large storm dram, Mr. Zimmerman wi l put a ap up on the board. The project that is going to be applied for is 1,750,000 and it is going to be divided between three agencies and if the City were to participate 100% the cost would be somewhere in the proximity of 4210,000. If the Federal government participated to 50% it would be $105,000 and if they went 90% which their application is now applying for, it would be $21,000. The only action they would like from the City of West Covina is for them to apply for the federal.funds and we would like to stipulate that if they are eligible for this that this does not commit the City or comply the City to financially put their monk into this project because we think this is at the tail end of the prof ct, Councilman Gillum-, Mr, Aiassa who is "them" and "they"? Mr. Aiassa, City Manager-, First of all "them" is the County and with the County is also the City of La Puente, Councilman Gillum-, Haven't we built storm drains for years without the Federal Government? Mr, Aiassa, City Managers Yes we have had Federal Funds for a few rojects. The size of this drain is 1,750,000 and they are hoping they will get 90% of federal participation but it has been rumored they will be lucky to get 50%, but this is strictly their application. I would like to have authorization to write to the County Engineer stating the City of West Covina would be interested in seeing them make this application but under no circumstances are we committing any funds for the City as a participant in this project, Councilman Snyder: That is my next question ® if we get the Federal funds, do we have the matching funds, and secondly, can we waive..... Mr. Aiassa, City Manager: We can delete our section after they have made the formal application. I believe that is the way it goes. If they come in and have no Federal participation, in our section we are not going to raise any money for that because that is very low on our priority list, Councilman Snyder: Which drain is it? (Mr. Zimmerman pointed out the location on the map and explained,) Councilman Snyder: I have two more questions. The last storm drain bond issue was in what year? Mr. Aiassa, City Managers 1964. Councilman Snyder.- Are those funds used up? Mr. Aiassa, City Manager: They are being used up as quickly as they can, Mr, Zimmerman, Ass't, City Engineer-, The budget control district has awarded all contracts in the City due to the 1964 program, There is a small surplus, Councilman Snyder: What percentage of our storm drains in West Covina will be accomplished under e43e C, C. 12-26-67 Page Forty-four CITY MANAGER ® Continued STORM DRAIN PROJECT - Continued that '64 bond issue? Mr, Zimmerman, AssQt, City They have never exactly worked -that out,- Engineer: However we feel there will be several more bond issues and they have been occurring every several years. I would say 3 to 5% ® as an educated guess, Mrs Aiassa, City Managers Mr. Zimmerman,, Ass°t, City Engineero approval would be granted. We have a lot of large ones in but we we have secondary ones to come out of its This will not need to be funded immediately, it would normally go in the 5 year program whenever we feel Federal Councilman Snyder: Obviously one yf the gre test fears of some of the peop e living n this area_a long time is another severe rain, and it is going to be many years yet before the County bond issue does this and if there is anything we can do to speed up the steps for the storm drain building it would be certainly helpful. Motion by Councilman Snyder, seconded by Councilman Gleckman, that the City Council approve West Covina's participation in the preliminary inquiry to the Department of House and urban Development regarding .a 90% grant, if eligible, for construction costs with no financial committment • from the City of West Covina being intended or implied by this action, Councilman Nichols: In many instances I have disapproved the concept of going to the Federal G v rnment for their money, but there are certain traditional us.e.s of__Fe_der-Feieunds that have been long established in our country ® highway grants -are pro-bably one of the most common of those, and I think storm.drainsprovide. a public right-of-way service so to speak., a general public service, and it comes close in my mind to the area of conditional federal responsibility and I would not oppose this preliminary Federal inquiry, Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None REGIONAL AUDITORIUM a STANFORD RESEARCH INSTITUTE PROPOSAL Mayor Krieger: Mr, Aiassa, Item A m I don't believe the e was any written material submitted on It, Mrs Aiassa, City Manager: No, the -gentleman in charge of this Stanford Researcr Institute is very ill. He was supposed to have a report to me last Friday, Mayor Krieger: We will then go on to Item B. b) LETTER TO CONGRESSMAN WIGGINS RE, POSSIBLE FEDERAL AID TO DEVELOP REGIONAL AUDITORIUM Councilman Snyder: May I ask the Council_°s permission to send a letter to Mr. Wiggins to..determine the probability of any Federal aid in the development of a Regional Auditoriums m44® C, Co 12-26-67 Page Forty-five CITY MANAGER ® REGIONAL AUDITORIUM m continued Mayor Krieger: Question Dr, Snyder, Mr, Wiggins is one of the two Congressmen, I notice you have carbon copies going to the State Senators and the Congressman but why is not a similar letter going to Mr, Lipscomb, • Councilman Snyder: I asked that it be put on here and it is on my copy. Mayor Krieger: Yes, but you have carbon copies of the letter addressed to the Honorable Charles.E, Wiggins and what I am asking is why a similar letter isn't addressed to Mr. Lipscomb ® I think it is mighty poor politics, Councilman Snyder: I agree. Motion by Councilman Snyder, seconded by Councilman Gillum, and carried, that the City Manager be allowed to send this letter but also send a similar letter to Mr. Lipscomb, and correct the grammar in the second paragraph, DEPARTMENT. HEAD SALARIES Mayor Krieger: this is a matter we must discuss executive session. Mr. Terzian, Ass'to City At V yo: Mayor Krieger: Mr, Terzian, this matter of Department Hnd salaries o I have read the seem Act be ore ton ght s meeting in a public meeting rather than an Correct. We have the staff report of December 22, 1967, is there anything you would like to add Mr, Aiassa? Mr, Aiassa, City Managero I would like to add more to this report, I did make a salary change for two Reople; The Civil Defens.e Director and the Special Services Officer, I think that was explained.in the report to you - the spread sheet. I am raising the Special Services Officer's salary from $873 to 4893 and we are transferring him to the Building Department in the Public Service Division; and the Deputy Civil Defense Director from $571 to $585. Neither of these people have had a raise for 3 years, Mayor Krieger: employed of the present people Mr, Aiassa, City Manager: Mayor Krieger: Mr, Aiassa, City Manager: • Mayor Krieger: March of 1964. Mr, Aiassa, City Manager° Mayor Krieger: It is not those particular persons that bother me. On this spread sheet the date employed m are these the dates holding these positions? Planning Commission in March 1964. Mr. Aiassa, City Manager: Yes. You mean the Administrative Assistant was here in February of 19547 That was Mr, Flotten, J ewcSRR jo�i� g Jns J98Sokan etRSsition, Public Service Director was not here in Yes, Mr, Fast was here, As Public Service. Director? You had Mr. Dosh and John Adams before.he ever took the position. He was Chairman of the It will have to be rechecked. Councilman Gleckman: I hate to tell you this Mr. Aiassa, but the ® 45 C. Ca 12-26=67 Page Forty-six DEPARTMENT HEAD SALARIES,,- Continued Mayor is right, Mr. Terzian, Asset, City Attlyos I took over the Planning Commission in 1?64 and Mr. Fast was Chairman at that me, Mayor Kriegero I am just trying to understand this whole chart. Some other portions bother me lut I thought I would have that as a Bader, (After some further discussion it was agreed Mr. Fast came to work as Public Service Director in March of 1965.) Mayor Kriegero And how about your Administrative Assistant.? Mr. Aiassa, City Managers That was Mr. Flotteno There is no recommendation on that, Mayor Kriegero And your Controller - he has only been on the job 3 or 4 months'? Mro Aiassa, City Managers Since June of 1967, but not as controller, Councilman Gillum, Tht s bus states the d t of employment no howong he has had the pre en position. • Mayor Krieger, I think the only real significance is how long the man has held the job. I am sorry the hour is late, but I would like to go over each one of these items starting with Public Service Director and it is not directed at the present incumbent in any position. I just want to understand from the figures here m the spread sheet is not too helpful in terms of comparison or in terms of going from what to what. The:Public Service Director is, if I understand your present salary,_ it is 01638. a month -plus $50.00 for Assistant City Manager, so that is $1688. and this recommends that it go to $1785 which is a $97-00 raise, Now looking across at comparative cities, we have already outdistanced every comparative City by a good portion, TAro Aiassa, City Managers This is the only position in the entire City set-up that they don't have ; an Assistant City Manager - we are the only City that has him as Assistant City Manager, Mayor Krieger, What does this title boil down to Mr, Aiassa? Fortunately, you are away from your position very seldom. Mr. Aiassa, City Mana.g-ex, You never. known I may get a heart condition, Mayor Kriegero The point remains - what does it mean as far as additional workload for the man? • Mr, Aiassa, City Managers One or two things, per se. This is the only city that really has a working Public Se vice Diy lion, Most c ties they show a Public Service Director classified mostly as a Public orksD Director @Lnd that osition is tin d u sot 1 w tyk� the Stre ts, En i eering, Sewers, etc, Mr. Past is now in he gapaclt� of l�dminis.tra ion an� s completing a degree at Cal -State in Public Administration and is carrying more of the functions per.se as well as the technical knowledge, being a licensed engineer, both structural and civil and is also carrying a degree of the responsibility of the City Manager's office, and I am going to turn more of it over to him ® I intend to give him more than I am giving him now, 46 C, C, 12-26-67 DEPARTMENT HEAD SALARIES Continued Page Forty-seven Councilman Snyder-, May I also suggest that the title of the Assistant City Manager and Public Service Director gives him more negotia.cing power with the public and other jurisdictions, • Mrs Aiassa, City Managers I am going to make this one suggestion to the Council that I am going to break this salary into two parts, because I am going to charge physically into the budget the portion of salary he receives as Assistant City Manager, Mayor Krieger-, If you will look at the Assistant City Manager full-time and read it across, what do these guys do for $1295. That doesn't make any sense, or 01306, or 01395. .Mrs A3osa, City Manager. These -are positions existing in some of these citi-es and if you had met some of these Assistant City Managers they are not actually operating in the full sense of the word as Assistant City Managers, These are actually people that have come u in cities, they have done peryonnel work or public relations work for �he manager and frankly I don t see any need for that. The only thing I am looking for now is someone to carry part of my burden and responsibility. If you are going to make the City g.o to 70,000 which we are close to, we do have almost three and a half million dollars of construction and you are going to have to have somebody in there that knows the job, Councilman Snyder. We didn't ask.you to make the City go to •70,000 Mrs Aiassa, Mrs Aiassa, City Manager. No, I know you didn't, but it will also allow me time to go out and get extra programs so that if we get a few extra thousand dollars from State, County or other agencies, we can do more. „ Councilman Gillum. a salary that they will be it be Department Heads or in trying to keep them in wondering, Mrs Aiassa, in maximum, Mr, Aiassa, City Manager. Councilman Gillum. Mrs Aiassa, City Manager. This brir4p yap the subject again that it seems like we are always comparing and happy wi�Chn�utoeverytMoufh�so�0mesnuppw�iether the City as a whole, we start this leap -frogging line with the other ten cities, and I am some of these areas if we are not at the I do have to mention to the staff, The City of Alhambra employees. than..we have. Itl rig�t ngow that there Rr our pos ons ha will plateau year. I have already told the Departments. Well what will happen next year? Probably get if or just a cost of living raise. Now we do keep .a low .staff in comparison to these other cities, Also Council that you have a well performing has almost a third more or half more • Mayor Krieger. We are satisfied that we have a good bushess, otherwise the Council would have expressed dissatisfaction with the people holding the positions. I hope this discussion doesn't get into that because it has nothing to do with the people holding the positions. We are talking about what it coats to run a business at various levels and now we are talking about the top level and your second man with this recommendath n would earn $21 400 a year, If I remember your salary correctly you are receiving J24,000, Mrs Aiassa, City Managers Right, Mayor Krieger-, He is awfully close to w at we ara�len e a City Manager, I certainly t B nly can s 7 C. Co 12-26-67 Page Forty-eight DEPARTMENT HEAD SALARIES - Continued that his responsibility comes close to your responsibility in terms of running this City, Mr. Aiassa, City Manager-, I can answer that. First of all I came too cheap when I came ten years ago, • I came 03,000 less than my predecessor and. I never caught him. Mayor Krieger-, But we have taken into consideration the inequities of the situation on this Council in bringing not only your salary but the salaries of your immediate subordinates well in line with what is fair compensation for comparable communities and more important comparable responsibilities but I think we.are running a very serio-us danger of getting ourselves a tremendous overload in terms of expenses at the higher levels that will not reverse themselves and in fact not only create competition with other cities but they create a competition within the City because the next logical argument we hear is that we have ever so .i.juch more to do than the other guy and why don't you increase my salary? Councilman Gleckman-, The example you use Mr. Mayor, if you -- are going to use that type of analogy is a very poor example, because you are talking about the number two man who is holding down not only the position of Public Service Director but also the position of Assistant City Manager with also unusual circumstances and he being a structural engineer with the idea of building three and a half million dollars of construction, which •is in my estimation the type of particular person I would want in that second position. Now if you take some other example and use this same analogy then I will discuss it with you, but I think this is an unique example, Councilman Snyder: A further question which may.resolvesome of this. As Public Service Director he had administrative responsibility over streets, parks, recreation, engineering but as Assistant City Manager does he have the added administrative responsibility over all City Departments? Mr. Aiassa, City Manager-, Yes, he acts in my capacity in my absence, Councilman Snyder: Then it seems to me this is an added responsibility. And' if it isn't just a gimmick you are using and I don't think it is, I do think the title Assistant City Manager is helpful in negotiations with the public and he also has administrative responsibility over other departments that he didn't have before, Councilman Nichols, I would concur with the Mayor in wishing my remarks to be based on the nature of the position, the City's job and pay structure and not.:relative.to the individual who is holding the job and who is in the job at the pleasure of the City Manager who rates the employee and conveys to us that this particular employee is of an absolute top quality and from all that I can judge that is indeed true, •But, I think and this is the one position that I was concerned about, I think we are in danger of overpricing even the best help that is available in the number two position in a City of this size. We can look for extenuating circumstances but I think we have a right to assume that any executive individual who is being paid up in five figures is going to be working all the time and fulltime as hard as he can work for the interests of the City and ou can give him two -titles, three, or as many as you want and he will still be -able to do only as much as one good man can do and no more- The best,man you have can do more than one man's good job and my feeling is based upon comparative studies based upon the understanding of the length of service the.position has had.now and the raises that have been given which were in each of the two preceding years above the average given to other employees. I believe we are overextending the pay range C, C, 12-26-67 Page Forty-nine DEPARTMENT HEAD SALARIES - Continued for this position ultimately9 and in the terms of the time. I am con- cerned with this one and yet I would again reiterate that it has nothing to do with the individual in the Job except that it sticks out so thoroughly that again and again we are boosting this man up so close into • the range of City Manager that it is difficult to support it, n LJ n LJ Mayor Kriegers Further Council discussion on the general subject matter of the City Manager's re ort? As I understand the situation, MrAias-sa, your police chief is now drawing $1345 and you are going to 41405, and the same thing with your Fire Chief, Your Controller o I read this report of the 22nd and you said strong emphasis was placed on the Controller and the Building and Safety Director - strong emphasis on what? Mr. Aiassa, City Manager-, Three thinggs, I met with each one of them and there are certain requirements that I am requiring that these two Department Heads improve on in the next 6 months and I have specifically outlined these things in their evaluation, that they must achieve if they are expecting anything at July 1, 1968. These two department heads are the lowest of the entire group. In the Controller°s case he is a licensed CPA; the Building & Safety Director he came up through the ranks and is now going to school and training but he has a long way to go and I wanted certain things accomplished in the next 6 months, I also wanted to give them some kind of encouragement so that they would show a strong initiative and want to improve their lot. Mayor Krieger-, Mr. Aiassa, City Manager., Mayor Krieger; How much was the prier occupant of the Controller's office receiving? 41300. He would still be over a $$1,000 a year under him. You are actually proposing a two step increase for the controller which will make him #1185. Mr. Aiassa, City Manager-. The previous Controller was making $1345 and Mr. Eliot is now making 41120. Let me say one thing for Mr. Eliot ® he has operated with one man short for 6 months and I think in fairness to the Controller he did work up a good car lease for the City. The man is striving but he does have some basic requirements that I am expecting him ''to fulfill. Councilman Gillum-. We are not quarrelling with any part of this except that it is a concern of all of us -that this I hing is starting to gallop away from us, and in this one case it is so close to the City Manager's salary and that is what concerns me more than anything else. If the people weren't good and were not doing their job then I would expect you to get rid of them so don't sit here and tell me how good they are. Apparently they are good enough to hold down the job, Mr, Aias-sa, City Manager; Well Ihave to do something - I don't seem to be reaching, Councilman Snyder; It sort of crept along for 6 years and then it started to gallop 2 years ago, Councilman Gillum-, It certainly did, Mayor Krieger3 About 4 years ago there was a total reappraisal of our wage structure in this City. Mr. Aiassa, City Manager-, I hate to make the Council feel bad but until 3 years ago I was underpaid and making less than the City Administrator of Covina who has 26,000 people, -49® C. C. 12-26-67 Da!'R,AT'' T,F',' ti 1 HEAD :SALARIES Continued Page Fifty a y'o j' j e ; I don't see your salary mentioned anyplace in this report. What was the .Assistant City Manager in Covina making if you want to bring up Covina as a comparable City? So let's talk • about the things we are talking about. We are talking about certain recommendations of yours on the Department Heads, It is the Council's responsibility to look at this thing from the overall standpoint, the same as it is your responsibility to be fair to yoursubord.inates Don't think that the Council is ursurping any prerogatives of the City Manager or the key Department Heads, We are exercising what our responsibility is in terms of the wage structure here in the City, Mr. Aiassa, City Manager: But you do require me to perform the top performance of administration, Mayor Krieger., We don't expect it, we demand it and we demand the same from these people and if they are not prepared to do the job 'then we can suggest to the City Manager that he get other people, Mr. Aiassa, City Manager., And therefore I like to recommend that they be paid for it, Mayor Krieger*, And we have the ultimate responsibility to determine in our judgment under the terms of the information available to us whether they are presently being paid fair salary or whether they deserve to be increased in salary. I just feel that time after time this subject matter in the past, because we were so deficient in many respects, was • given a lot less thorough study than I think it deserved. I t ld the Ma ors of the other communities and there were fifteen o us, and said we are in the only business I know of where we are cutting each others throats time after time., wd create.our own problems and then we cry about it, But I don't know what the solution is to it, all I know is what the problem,is, Councilman Gleckman: Mr. Mayor o let me say I can't disagree with you more if you are trying to tell me that private enterprise out there is not more competitive than the fifteen communities you are talking about,-- then all I can say is we should be a lot more successful than we are, or at least as much as private enterprise is. There is no doubt in my mind that in some of these new positions you are not talking about some guy that is looking for a job m takes a county examination, qualifies and takes the Job'f'or life. Thffse jobs are competitive within our community and within our cities and they are competitive with private enterprise and the man you are 'talking about specifically came from private industry and it was a tough decision for him to come to this City and one of the things that probably did bring him here was the dollars, but don't you believe for one minute if you don't offer these dollars that you are going to get any key personnel in spite of what the job demands. I disagree with you and I think that is one of the problems in city type employment, that it is unfortunate that they must work within a budget and it is not a competitive thing where they go out to make additional money to pay their employees more money. If you put them on top in a profit sharing basis they would Smake a lot more money than they are making here, Mayo.° Krieger: I will extend an open invitation to you Mr. Gleckman to read your remarks tonight after you have sat on this council for four years. You,have probably paraphrased some of the remarks that I made two years ago after I sat on the Council with two gentlemen that are not here tonight, but I made them in a price wage level structure that I think is entirely different than the one we are talking about tonight, but I also know that when you are talking about dollars and cents that we have gone through three Public Service Directors in a period of four years and I don't know that money was a critical factor in any of those. ® 5 0 V4 • • Co Co 12-26-67 DEPARTMENT HEAD -SALARIES m Continued Page Fifty-one pouncilman Gleckman: I do. One in particular and you were involved at the time so don't say you don't. You were trying to raise the man's salary in order to compete with private enterprise to keep him. Mayor Krieger: The fact was you were not sitting on the Council at that time so I don't see how you were privied to conversation and discussion that took place having to do with that -position. Councilman Gleckman: Well I thought that every decision that a -Councilman_made-was made as a Council and not as individuals just like votes or anything and if the Council at that time voted for that particular thing and you -were a member of that Council you had better accept that responsibility otherwise every vote that comes here will be doctored, measured and recorded, rather than as a body, and that is what I am referring to, Mayor Krieger: I don't understand that, Councilman Gleckman: I am referring to that if this Council of which you are a member, went ahead and did something don't sit and say I don't know what this Council did because they did it as a Council action, Mayor Krieger: Don't put words in my mouth, I never said any such thing, Councilman Snyder: I personally think this argument is going nowhere, and should be discontinued, Councilman Nichols: The point of going to the past is relatively immaterial except if it gives us experience for judging the present. There was a time Councilman Gleckman, before you were on the Council, when the Council was approached and was told that if a certain individual was given a significant raise that this would be enough to keep him in -the employment of the City, that this was the agreement, the Council did provide that raise and within weeks that individual did leave for other employment. Perhaps this is the experience that is being. alluded too. Let me say I don't think we can always compare our salaries in public employment with exactly what you can get in private industry because I think compensations are different in other areas and in other ways. I think sometimes people serve in public positions because of certain satisfaction that may not relate exactly to salaries. Maybe also I might add that maybe we have reached the point where a given individual is just so good that we really can't afford to pay him and keep him, Councilman Gleckman*, Thank you, Councilman Nichols: But I am planning to make my comparison as I look at this with what other cities are in fact paying their people and I say it seems to me that one or two of our positions are going away beyond that which I can see any other City is paying, Councilman Snyder: There is one point ® the c� e you brought up has happened only once since I have been on the Council and in no way is this a parallel because I haven't heard individually or secondhanded that this man is asking for this type of a raise, Councilman Nichols: Oh no, I didn't mean that, Councilman Gleckman: And I didn't mean to infer that either, ® 51 Co Co 12-26=67 Page Fifty-two DEPARTMENT HEAD SALARIES ® Continued Councilman Snyder: Nor has Mr. Aiassa implied that. Secondly, you get just what you pay for and I think that is true of government as of private enterprise and that is true of employees as it is of material •things. If you pay $1785 you are going to expect 41785 out of this man, The only thing that really concerns me is that he is so close to the City Manager and if we should lose the City Manager for one reason or another it would be difficult to bring in a new City Manager at less than this man is making, but this is a remote problem and perhaps by that time ,a I personally go along with all these recommendations including that of the Public Service Director because again I think you get what you pay foie and you should pay for what you get, Councilman Gleckman: My only comment would be - and I get the idea the Mayor is talking about and I saying p don° diy r im en J�g�y, but I am onlysa in tbm' ar6d ,to.,whati,�� i� en) L 1 6 or what do you expect for 01785 that you are not getting for $1686, and,I think that basically is what you are saying, Mayor Krieger: What I am saying is that I take my guide from the top not from the bottom. I know we pay the City Manager #24,000 and we still talk about paying a Public Service Director who carries a title, and as far as I am concerned that's all it is, is a title - #21,420. We have naturally narrowed the gap between the two positions dollarwise and I know from the historical standpoint that gap has been closing and closing over the bast three years at a more accelerated rate and this is what concerns me. It had nothing to do with the occupancy, nothing to do with private • enterprise, it has to do with public service. A guy has to have in many respects his head examined if he goes into public service and I am talking about the guys that run for City Council as well as the guys that take staff positions, Councilman Snyder: Does this have to be passed tonight? Mr. Aiassa, City Manager: I would like to get action on it, Councilman Snyder: Salaries are not to start until January, Councilman Gillum: Is it possible,_since there is some strong feelings in certain areas, that we could hold this .over until we can discuss it, because I am afraid you will not get a vote on it tonight, Councilman Nichols; What about an adjourned meeting - next Tuesday night? Councilman Gleckman: Let's go along with what you are sug-gest,ing_Mre Mayor ® is it possible to Manager's position? have an executive session on the City Mayor Krieger: I don't quite understand the question? Mr. Terzian, Ass'to City Att'y.: His salary question isn't up;1 Councilman Gleckman: But what I am intending is the remarks stated with regard to starting at the top. Mr. Terzian, Ass't, City Att'y,: If you want to have a personnel session with regard to the present, past or continued.employment of the City Manager you may have an executive session but not on his salary alone, that has to be public, 52 Co Ca 12-26-67 Page Fifty-three DEPARTMENT HEADS SALARIES m Continued Motion by Councilman Snyder, seconded by Councilman Gleckman, that this matter be held over until January 2, 1968 ® adjourned regular meeting at 7o30 pemo Councilman Nichols- And in addition to that I would hope that we could have the detailed salary figures of all the employees on this list from the date -of their filling of the position until the present indicated raise, time received and amount received, showing the spread between salaries "over 'the past-3 or 4 years, So that we will in other words have all the dates axd information necessary for each and every positiono Mayor Krieger- I would be interested in those figures. Motion carried on roll call vote as follows- AYES.- Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES- None ABSENT- None ------------ CITY MANAGER VACATION Mr. Aiassa, City Manager- Mayor _Krieger- 9 Mr. Aiassa, City Managers Mayor Krieger - I would like to have three days off December 28 - 29 and January 2, Will you be returning for the adjourned meeting on the 2nd.? I wasn't plannkng to...... The City Manager has requested December 28-29 and January 2, Motion by Councilman Snyder, Seconded by Councilman Gillum, and carried, that the City Manager's request be approved, Mr. Aiassa, City Manager: Mayor Krieger - There is an extra item having to do with the Resolution covering'the City Attorney, that should be added to the Agenda. Any objection to adding this item to the City Manager°s agenda? (None,) RESOLUTION NO. 3713 The City Attorney presented - "A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING ADOPTED GEORGE WAKEFIELD AS CITY ATTORNEY FIXING SALARY, AND PROVIDING FOR COMPENSITION FOR EXTRA EMPLOYMENT, AND REPEALING RESOLUTION NO. 1072," Mayor Krieger- Hearing no objections, waive further reading of the body of said Resolution. The effective date of that Resolution? Mr. Terzian, Ass°t, City Att°y,- January 1, 1968. Motion by Councilman Snyder, -seconded by Councilman Gillum, that the City Council adopt said Resolution. Motion carried on roll call vote as follows- AYES- Councilmen Gillum, Gleckman, Snyder, Mayor Krieger NOES- None ABSENT- Councilman Nichols -53m 9 Oo C. 12-26-67 INFORMATIONAL ITEMS INCREASE IN COST OF COUNTY MEDICAL EXAMINATIONS Page Fifty-four Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the staff report be received and filed, ANALYSIS OF BID PROCEDURES Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the staff report be received and filed, Mayor Krieger,, Mr, Aiassa, City Manager: Mayor Krieger, get this. aboard? This is a follow-up of Mr, Winters' report, Mr. Aiassa? Yes, And this business of supervision of .the start of construction ® 6 weeks after bid opening. Is that as soon as we can Mr. Zimmerman, Ass°t, City Yes, we -have a procedure of certain things Engineer: that are required by law. There is a 10 day period for the contractor to sign the agreement after he gets it, and then it goes to the Mayor for signing and back to the contractor and there is a 15 day period after he_gets the contract back before the start of the work, and I am afraid there is nothing we can do about it, • Mayor Krieger, COMPLAINT OF DR, WALTER BARO It has been moved and seconded to file. Any objections? So ordered, Motion by Councilman Gleckman, seconded by Councilman Snyder, to receive and file. staff. report., Councilman Snyder, I investigated this matter of Dr. Baro, there are certain exaggerations on that side but I am disturbed_abo.ut the other side too, and I ask permission of the Council to have a meeting with the City Manager and the Police Chief, Mayor Krieger, You don't need permission of the Council to meet with the City Manager, Councilman Snyder: You do to meet with the Chief of Police, Mayor Krieger,, You can request of the City Manager, Any objections to the motion made and seconded? So ordered, COUNCIL FOLLOW-UP REPORTS a), Trash and Rubbish In Commercial Areas Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, •that this item be held over to the regular meeting of the Council on January 8, 1968. b) Vacant Commercial Land Analysis Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council receive and file the preliminary report, 054® C. Oa 12-26-67 Page Fifty-five COUNCIL FOLLOW-UP REPORTS ® Continued c) San Gabriel Valley Humane Society Level of Service Councilman Nichols., I am not satisfied with the report, Mr. Mayor, from my own point of view it deals strictly in generalities and does • not get__at the meat of my own concern. We have received this same information before since I have been on the Council, the statement that they are in the City eight hours and that the staff is satisfied with service being performed. I_am not satisfied with the service that is.. being performed, I have constantly tried to observe this situation throughout the City -in the past week or so and they may well be doing a splendid job but the fact still remains that there are large numbers of dogs wandering loose in the City and not being apprehended. I think that is the key, it is not that they are not in the City on any given number of days or for any given number of hours, Mr. Aiassa, City Manager; It was not the staff recommendation did I hear you right? Councilman Nichols., You came in correctly m and there is a statement from the Police Department attached stating that they are very -pleased with the services received. Mr, Liassa, City Manager: But not the City Manager's office Councilman Nichols., No, I did not say the City Manager, I would like to make a request that the City Manager request from the Humane Society some specific figures, 1 o the number of animals that are being taken into custody week by week over a period of the last two or three months; 2 o the number of animals that are second or third offenders. They should have records saying that Mrs. Jones' dog has been picked up 8 times and nothing has happened. Let's get the details of this so if we do have to. tighten up. our procedures. we can do so, Mayor Krieger., Mrs,. Coleman Joan Coleman, Manager I am the manager and director of the San Gabrie.l..Valley Humane Society Humane. Society, Mayor Krieger; Is there any comments you wanted to make in addition to your letter? You were kind enough to sit here so late with use Joan Coleman: I do think the raising of the impound fee would be a factor in removing the fact of people just getting them home and leaving them right out again. I would like to know where all the animals are? Councilman Nichols: They are in -West Covina, I can assure you. In the streets and wandering all over the City in great numbers, Joan Coleman: Animals and I would be happy to Mayer Krieger: Our trucks are in the City in the morning, afternoons and it goes out at night. We do deal with a great many furnish you with a report. The staff will be in touch with you Mrs. Coleman on this matter and again we do appreciate your presence this evening, Councilman Gillum,., May I say one thing? On the occasions that I have had to call the Humane Society the response has been very quick and helpful but I am with Mr. Nichols on this, I know that where we live now there are at times 5 to 7 dogs running through the neighborhood. We have small children and some are very large dogs and it concerns me because of things we have read about dogs in the paper recently. I don't know what the answer is, this may be raising the impound fees. I think people - 55 - C. C. 12-26-67 Page Fifty -Six COUNCIL FOLLOW-UP REPORTS m HUMANE SOCIETY m Continued should realize they have a responsibility with their animals and I feel very bad that people are ignoring this and I don't know if the Humane Society can take the full responsibility for this or what, but I think •something has to be done about this. I think it is a very serious problem. Councilman Snyder: I would like to comment one thing. One truck patrolling and I don't know that we would get many more patrols under the County system m it is very unlikely that they are going to run onto any dogs running loose because instinctively dogs will hide when the Humane Society truck turns the corner and there is scientific and absolute proof of this. This is not a joke. So it is very unlikely your truck patrolling will run into stray dogs, Secondly, I would venture to say that most of your calls come from telephone calls and not that the patrolling truck having run on them. Is that true? Mrs. Coleman,* We pay more attention to people calling in naturally than we do on just roaming around. Councilman Nichols: I also would comment that there has never been a time when I have had occasion to call the Humane Society that we had not gotten prompt service. My whole point is that the information being- -- given here is not sufficient enough to help us to analyze the.mature of the problem as to whether we should take any further action on broadening our program in this area to achieve better control over the animals in the City, Therefore, I would put my request in the form of a motion that the Council request the City Manager to seek additional specific information as to the number of animals being nicked up and -the number of animals picked'up more than once. Seconded by Councilman Snyder, and carried, CITY CLERK ADC APPLICATION o NATIONAL DRIVE-IN GROCERY CORP. 1413 W. Puente Avenue Off sale beer and wine license Motion by Councilman Snyder, seconded by Councilman Gillum, and carried, that there be no -protest, MARCH OF DIMES m REQUEST TO CONDUCT ANNUAL SOLICITATION DRIVE JANUARY, 1968 Motion by Councilman Nichols, seconded by Councilman Snyder, and carried, that permission be granted, AMERICAN CANCER SOCIETY - REQUEST TO CONDUCT ANNUAL APPEAL APRIL, 1968 Motion by Councilman Nichd1s , seconded by Councilman Gillum, and carried, that permission be granted, CITY TREASURER REPORT FOR.NOVEMBER, 1967 Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that Council receive and file City Treasurer report of November, 1967. m56® Co C. 12-26-67 MAYOR'S REPORTS -HUNTINGTON BEACH FREEWAY Mayor Krieger: • appropriate Commission would be the Council tonight would refer minority report to the Planning Page. Fifty-seven We have never made any formal referral of the Huntington Beach Freeway Report to any Commission and it seems to 'me the the Planning Commission, and I would hope both the majority report and the Commission. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the Huntington Beach Freeway reports - minority and majority, be referred to the Planning Commission. PLANNING COMMISSION Mayor Krieger: We do have an adjourned regular meeting next Tuesday night and I would like to extend the invitation to Chairman Adams to be on the agenda that night. Is there any objection by the Council to add that item to the agenda? (None,) Mayor Krieger: The final thing is you have received in. your Council mail from the City Manager a report marked preliminary on freeway agreement„ which has a letter from Mr. Legarra, the State Highway Engineer, responding to the details brought to his attention as outstanding items beyond the last resolution on Grand Avenue. Although the letter was written before Grand Avenue it took up matters other than Grand Avenue and it would be my hope that we could also place this item on the agenda for next Tuesday night, Any opposition? (None) So ordered, Councilman Snyder: I have a question - this nowhere mentions with a few exceptions what they are going to do regarding modification to the intersections m do we have this information? Mayor Krieger: These are matters beyond those matters that we had already received tentative agreements. These are outstanding matters, Councilman Snyder: I would like a list next Monday on what we do have tentative agreements on, I didn't know we did have that tentative agreement, Mayor Krieger: The Council will remember ® when we went into these private negotiations we went down the list to determine what matters were still outstanding, now we have completed the list of all outstanding matters and will have to look at the total package because that is what you are going to vote on, Councilman Snyder: I probably have it somewhere but I would like the total package in one report, Mayor Krieger asked Mr. Aiassa to make available to the Council a total package on the San Bernardino Freeway widening COUNCIL COMMITTEE APPOINTMENTS Mayor Krieger: The Council Committee appointments for the ensuing four months starting January 1, 1968 are as follows: The annual appointments stay in effect, Planning Commission: Councilmen Nichols - Gleckman, Recreation & Park Commission: Councilmen Gillum ® Gleckman; Personnel Board: Councilmen Snyder - Nichols; Human Relations Commission: Councilmen Gleckman - Snyder; Chamber of Commerce: Councilmen Gillum m Nichols; 57 C. C. 12-26-67 Page Fifty-eight COUNCIL COMMITTEE APPOINTMENTS - Continued West Covina School Board.- Councilmen Gleckman m Snyder. • COUNCIL COMMITTEE REPORTS Councilman Snyder: In October we directed the City Attorney and the staff to -look into the matter of warning ticket violations and on October 30 Mr. Williams sent a letter to the Attorney General regarding feasibility and legality and I am wondering if there has been an answer? Mr. Aiassa, City Manager: Yes there has been an answer that the Attorney General doesn't render an opinion to City Attorneys. Mr. Terz ian, Ass't. City Att'y.: Unless it is requested by a member of the legislative body or head of a State Agency. Mr. Schabarumn is asking this question and we should have an answer soon. Councilman Snyder: On this referral to the League on water shed operations I will need further information. Apparently the conflict comes between what they call the County Fire Warden who has the water shed under his juriddiction and the County Fire Department, and before we can take any stand with the League and ask them to take a stand on it I will have to know what enabling legislation they operate under in applying this tax to municipalities as well as county areas. I will have to have this by next week. If we are going to accomplish anything we are going to need the whole story. Councilman Gleckman: I don't want to embarrass the Mayor, but I would like to propose a resolution by this Council. commending the Mayor for his action in receiving the cooperation of the surrounding Mayors of cities in accomplishing the Grand Avenue Interchange at no charge to the citizens of West Covina. I do think it was a duty above and beyond the call of duty and I think he should receive special commendation from this Council because he was representing this City and it was far and beyond anything. that any of us felt could be accomplished, Councilman Snyder: If the motion reads commending his ability in doing it and what you said, as long as the Resolution doesn't commend what he got. Councilman Gleckman.- I don't care how you word it fellow council en but II thhiink it was an extendew effort by Ue Mayor, Councilman Nichols: I agree, it was a tremendous job and a tremendous performance but there is some question in my mind whether we should start writing up formal resolutions on each member of the Council that may serve at a level which the rest of us may consider at a given time above and beyond. He has my wholehearted praise ® I already mentioned -I thought it was a terrific thing and it stands in the records, but I do feel in all good conscience that we should not get into passing Resolutions one to another for our Council service. Councilman Gillum: I was just going to add something to the comments Mr. Mayor - I was going to bring up Department Heads ® that that is whatt they he oare gettingint you p about the paid for, (Motion died for lack of a second.) It C. C, 12-26-67 DEMANDS • Page Fifty-nine Motion by Councilman Gleckman, seconded by Councilman Gillum, that the Council approve demands totalling $459,724.94 as listed on demand sheets �351m352, This total includes payroll account and time deposits. Motion carried on roll call vote as follows: AYES; Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES; None ABSENT; None Motion by Counni l.man Gleckman, seconded by Cour_cil;m.pr. Gillum and nrgrried, that the Council adjourn to JanuaLy 2, 1968, at 7:30 p.m. F�eeting was adjourned at 11:45 p.m. ATTEST; CITY CLERK APPROVED a a, /`� Z P MAYOR ®59m