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01-22-1968 - Regular Meeting - Minutes0 C� J MINUTES OF THE REGULAR MEETING OF'THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JANUARY 22, 1968. 'The regular meeting of the City Council was called to order by Mayor Krieger at 7:30 P.M.; in the West Covina City Hall. The Pledge of Allegiance was led by Councilman Gleckman. The invocation was given by Mr. Charles Isenberg of Bethany Baptist Church. ROLL CALL Present: Mayor Krieger, Councilmen. Nichols, Gleckman, Councilman. Snyder (Arrived at 7: 35 p.m.) Absent: Councilman Gillum Also Present: George Aiassa, City Manager H. R. Fast, Public Service Director George Wakefield, City Attorney George Zimmerman, Ass't. City Engineer Owen Menard, Planning Director Lela Preston, City Clerk Ray Windsor, Administrative Assistant APPROVAL OF MINUTES December 11, 1967 Approved as corrected. Councilman Gleckman: On Page 41 - remark attributed to me should read "Community -wide building" rather than "Community -wise". In the same paragraph, fourth line should read - "Such a facility" instead of "Such a feasibility". Mayor Krieger: On Page7 - a statement by Mr.. Terzian, about the middle of the page, should read "It would be a question ......... On Page 11, first paragraph should read - "pursue on any questions" . On Page 34, top paragraph, the word is "circ,,, lari_7,e" . Page 36, the last sentence on the bottom of the page the word "bring" should be "brief." Page 38, second line should read = "I appreciate the :province .....". Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that the minutes of December 11, 1967, be approved as corrected. December 26, 1967 - Approved as corrected. Mayor Krieger: On Page 7, a statement by Mr.. Aiassa - "As Ex-officio ,� secretary to the Planning Commission he transposes .... " should read "transcribes". On Page 9, before Scheduled Matters insert'.: :. in the Minutes stating that Mr.. Gleckman arrived prior to Bid Matters which reflects his vote on Bids. The time was approximately 8 p.m. when we arrived at Bid Matters. On.Page 29, the second statement attributable to me - which was a verbatim quote should read -- "The intent of the report is in no way to disagree ......". On Page 38, the statement attributable to Mr. Terzian, top of the page, twelfth line should read "State Legislation" . Page 41, Friendship Park discussion, statement attributable to me , fourth line should read - "This is the - 1 - REG.. C. C. 1-22-68 Page. Two APPROVAL OF MINUTES - Continued only -tennis court in the entire area" . .`Motion by Councilman.Gleckman, seconded by Councilman Nichols, and carried, that • the minutes of December 26, 1967, be approved as corrected. January 2, 1968 - Approved as submitted. Motion by Councilman.Gleckman, seconded by Councilman Nichols, .and carried, that the minutes of the adjourned regular meeting of January 2, 1968, be approved as .submitted. January 8, 1968 - Approved as corrected. Mayor Krieger: On Page 5 - a statement made by Mr. Powell fails to show it was made by him. On Page 14, middle of the page, a statement attributable to me, fourth line should read - "We shall restrict our discussion...... ". Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that the minutes of January 8, 1968, be approved as. corrected. • PRESENTATION OF FINAL. REPORT OF CITY CHARTER BLUE RIBBON COMMITTEE Mayor .Krieger: The chair recognizes the presence of Mr. Paul McCann, who is present at this time for the purpose of presenting to the Council the final report of the Citizens Blue Ribbon Committee on the City Charter. Mr.. McCann, Chairman of the Citizens Blue Ribbon Committee on City Charter, intro- duced. Mr.. Dexter Lewis, Co -Chairman; and expressed his appreciation to the members of the Committee , and to staff who furnished all the necessary information, and also thanked Councilman. Nichols who acted as Council representative and attended all the many meetings and assisted a great deal. Mr. McCann, summarized briefly the report and read an excerpt from the report - "The Charter Committee wishes to thank the Mayori. a.nd City Council for being given the opportunity to participate in the government of the City of West Covina. Each member feels he has learned much about the City and its government from serving on this. Committee and hopes that the City will have gained some benefit from the efforts put forth by this Committee. " Mr.. McCann further stated that the recommendation of the Committee at the meeting of December 14th. is that the City do charter by a vote of 7 to 5. There was further discussion on this at the meeting of January llth as there were 5 members unable to attend the meeting of December 14th. At the meeting of January llth they stated their opinions and they are in the report for Conncil consideration. In their supplemental motion -the Committee saidi!t was the desire of this Committee that this should also include a recommendation to the Council •that instead of submitting to a vote of freeholders that the Council appoint a Committee to study the formation of the Charter. All the pro's and con's are submitted in the report. (Mr. McCann presented each Councilman with a copy of the report.) Mayor Krieger: Mr. McCann onbehalf of the Council I receive this report with a deep sense of gratitude and expression of appreciation to the members of your Committee. We, of course, have not had the opportunity to digest this and receive it at this time with a great deal of appreciation and interest and will be asking you and Mr. Lewis and. the members of your Committee - 2 - REG. C. C. 1-22-68 Page Three PRESENTATION OF FINAL REPORT - CITY CHARTER COMMITTEE - Continued to return at a subsequent and early date for the purpose of expressing our apprecia- tion in a more tangible form to you. We do appreciate your being with us this evening and for the hard work we know that went into this Committee. • Councilman Nichols: At the outset of the Committee's deliberations the Committee was informed that the City Council of West Covina desired their best and most objective thinking on this subject matter, that the City Council of West Covina had :in'mo way made a determination in this area nor had it deliberated about this matter. I should say that the Committee followed through in that spirit 100%. There were frank and open discussions and even the final Committee's recommenda - tion was far from unanimous and in the body of the report I am sure the Council will find reflected a very creditable job by a group of citizens who are a considerable cut zbove the average in our community in terms of their capabilities, backgrounds -and qualifications for undertaking this type of study, and I commend the study to the attention of each individual Councilman. Thank you. Mr.. Paul McCann I have one further thing to say. I will volunteer Chairman for this Committee if you have desire of any further discussion with them. I am sure they will be quite willing. Mayor Krieger: Thank you. • MAYOR'S REPORTS PRESENTATION OF CERTIFICATE OF COMMENDATION TO NORMAN T. FISCHER (Mayor Krieger asked that Mr. Fischer step to the microphone.) Mayor Krieger: Mr. Fischer, I have this evening the pleasure of presenting to you a certificate of appreciation issued by the City of West Covina to you in recognition of your assistance of a Police Officer in the performance of his duties. I would like to read briefly from the report of Officer Burchette of the West Covina Police Department having to do with this incident. ( Mayor Krieger then summarized the context of the Certificate and presented it to Mr. Fischer.) PRESENTATION OF RESOLUTIONS OF COMMENDATION TO: TERRY NICHOLS Mayor Krieger: We are honored to have with us this evening the retiring Clerk of the Citrus Municipal Court - Mr. Jerry Nichols, who is joined by his wife. The City Council adopted Resolution No. 3717 • (Read resolution in full) and as an additional token of our esteem and appreciation of your services we have our City seal on this plaque and we hope you will accept both the Resolution and the city seal with our deepest appreciation and regards. Mr. Nichols accepted, and said a few words of thanks. DA.LLAS ROGERS MARILYN GORDON Dallas Rogers and Marilyn Gordon were then presented by the Mayor with Resolution - 3 - REG. C. C. 1-22-68 Page Four L� is • PRESENTATION OF RESOLUTIONS OF COMMENDATION - Continued Marilyn Gordon - Dallas Rogers No. 3707 and 3708, both Resolutions identical in wording and intent, and commending them for their service to the Council on the Sister City Foundation. (Resolution read by Mayor in full and then presented.) CITY CLERK'S REPORTS PROJECT SP-67012 LOCATION: Merced and Evanwood Avenues STREET IMPROVEMENTS LOUIS S . LOPEZ Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that the City Council accept street improvements and authorize the release of The Ohio Casualty Insurance Company performance bond No. 1-341-220 in the amount of $3, 938.84. PROJECT SP-67012 LOCATION: Evanwood Avenue from Merced STREET IMPROVEMENT Avenue northerly. 1911 ACT (Short Form) Mayor Krieger called attention to a correction in the Agenda with regard to the date. Correct date is February 13, 1968. Motion by Councilman. Gleckman, seconded by Councilman Snyder, and carried, that Council accept and file the Engineer's Report. RESOLUTION NO. 3718 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS RELATIVE TO THE COST OF WORK DONE PURSUANT TO RESOLUTION NO. 3684, EVANWOOD AVENUE FROM MERCED AVENUE. NORTHERLY. " Mayor Krieger: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: Councilman Gillum PROJECT SP-68008 LOCATION: Puente Avenue,. Nora to Sunset STREET IMPROVEMENTS Avenues. AMAN BROS. CONSTRUCTION CO. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that City Council accept street improvements and authorize the release of United States Fidelity and Guaranty Company bond No. 14396 in the amount of $21, 972.45. - 4 - REG. C. C. 1-22-6`8 Page Five • CITY CLERK'S REPORTS Continued -PROJECT SP-68018 LOCATION: North Orange Avenue, 23 feet south STREET IMPROVEMENT to 110 feel north of Garvey Avenue. CROWELL & LARSON Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that City Council accept street improvement and street reconstruction under Project SP-68018; and authorize the release of the Western Casualty and Surety Company performance bond No. 352734 in the amount of $3, 843.41. PROJECT SP-68004 LOCATION: California Avenue, from Merced STREET IMPROVEMENT Avenue to Cameron Avenue. 1911 ACT (Short Form) Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council accept the plans and specifications for Project SP-68004 and authorize the City Engineer to advertise for bids. Councilman Nichols: This proposal involves the use of the Short Form 1911 Act for implementation and as it is a secondary street and as I have rather consistently taken the position that secondary streets should be financed out of the General Fund, although.I realize this is a badly needed project, I would have to vote "no. " Motion carried on roll call vote as follows: AYES: Councilmen Gleckman, Snyder, Mayor Krieger NOES: Councilman Nichols ABSENT: Councilman Gillum Motion by Councilman Gleckman, seconded by Councilman. Snyder, and carried, thati the City Council accept and file Engineer's report on Project SP-68004. RESOLUTION NO. 3719 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DIRECTING THE.STREET ADOPTED SUPERINTENDENT TO GIVE NOTICE TO CONSTRUCT STREET IMPROVEMENTS AND APPURTENANT ITEMS PURSUANT TO SECTIONS 5870 ET SEQ OF THE STREETS AND HIGHWAYS CODE OF THE STATE.OF CALIFORNIA ALONG CALIFORNIA AVENUE NORTHERLY FROM VINE AVENUE. " Mayor Krieger: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council adopt said Resolution. Councilman Nichols: I would like to direct a question to staff. I would like to know the number of people involved in sharing the cost of $ 3500 . for this improvement pr oject. (Mr. Fast, Public Service Director, displayed a map of the properties involved and explained - a total of 7 properties were involved. Some properties were larger and for this reason the participation in cost would not be equal.) - 5 - REG. C. C. 1-.22-68 Page Six LJ • CITY CLERK'S REPORTS - Continued RESOLUTION NO. 3719 - Continued Motion carried on roll call vote as follows: AYES: Councilmen Gleckman, Snyder, Mayor Krieger NOES; Councilman Nichols ABSENT: Councilman Gillum ------------ PARCEL MAP NO. 11 - RIGHT-OF=WAY DEDICATION LOCATION: Westerly side of FOR PARCEL MAP -NO. 11 AND OTHERS St. Malo Street between Glenmere Street and Bainbridge Avenue. Mayor Krieger: Are there any questions on the Engineer's report dated January 18, 1968? There being no questions we will take the Resolutions, one by one. RESOLUTION NO. 3720 The City Clerk presented: "A RESOLUTION OF THE CITY. COUNCIL OF* THE CITY ADOPTED OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." Mayor Krieger: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Snyder, seconded by Councilman Gleckman, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, NOES: None ABSENT: Councilman. Gillum Gleckman, Snyder, Mayor Krieger RESOLUTION NO. 3721 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF'THE CITY ADOPTED OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." Mayor Krieger: Hearing no objections, waive further reading of the body of said resolution. Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen, Nichols, Gleckman, Snyder, Mayor Krieger 40 NOES: None ABSENT: Councilman Gillum RESOLUTION NO. 3722 The City Clerk presented: "A RESOLUTION OF ' THE CITY OF WEST COVINA ADOPTED ACCEPTING THE DEDICATION OF CERTAIN LAND FOR PUBLIC STREET AND HIGHWAY PURPOSES AND DIRECTING THE RECORDATION THEREOF. " -6- REG. C. C. 1-.22-68 Page Seven 4) • CITY CLERK'S REPORTS - RESOLUTION NO. 3722 - Continued Mayor .Krieger: Hearing no objection, waive further reading of the body of said Resolution. Motion by Councilman Nichols, ., seconded by Councilman Snyder, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen, Nichols, NOES: None ABSENT: Councilman Gillum Gleckman, Snyder, Mayor Krieger RESOLUTION NO., 3723 The City Clerk presented: "A RESOLUTION OF THE CITY' OF WEST COVINA ADOPTED DEDICATING CERTAIN CITY -OWNED PROPERTY TO PUBLIC STREET PURPOSES AND ACCEPTING SAME AS A PUBLIC STREET. " Mayor Krieger: Hearing no objections, waive further reacting of the body of said Resolution. Motion by Council Gleckman, seconded by Councilman Snyder, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, NOES: None ABSENT: Councilman Gillum Gleckman, Snyder, Mayor Krieger RESOLUTION NO. 3724 The City ,Clerk presented: "A RESOLUTION OF THE CITY OF WEST COVINA ADOPTED DEDICATING CERTAIN CITY -OWNED PROPERTY TO PUBLIC STREET PURPOSES AND ACCEPTING SAME AS A PUB LIC STREET. " Mayor Krieger: Hearing no objection waive further reading of the body of said Resolution. Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, NOES: None ABSENT: Councilman. Gillum Gleckman, Snyder, Mayor Krieger RESOLUTION NO.. 3725 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL .OF THE CITY ADOPTED OF WEST COVINA DECLARING ITS INTENTION TO VACATE A CERTAIN PORTION OF BARRANCA STREET SUBJECT TO THE RESERVATION AND EXCEPTION OF CERTAIN RIGHTS AND ASSESSMENTS. " Mayor Krieger: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: mm REG. C. C. 1-22-68 Page Eight C1 CITY CLERK'S REPORTS —RESOLUTION NO. 3725 - Continued AYES: Councilmen. Nichols, NOES: None ABSENT: Councilman. Gillum SCHEDULED MATTERS BIDS None HEARINGS VARIANCE . NO. 609 DER WIENERSCHNITZEL Gleckman, Snyder, Mayor Krieger LOCATION: 440 South Vincent Avenue Request to allow a nonconforming identification sign in Zone C-2 denied by Planning Commission Resolution No. 1996. Appealed.by applicant on December 1, 1967. Hearing closed and matter referred back to Planning Commission on December 26, 1967. Mayor Krieger: We have their report of January 19, 1968, signed by Mr. Adams, Chairman. Do you have any further comments, Mr. Menard? Mr. 'Menard: No- I will be happy to answer any questions that you might have. THE `PUBLI.0 PORTION OF THIS HEARING WAS CLOSED ON DECEMBER 2,61..19.6.7. COUNCIL DISCUSSION ONLY. Councilman Gleckman: Originally I intended to ask to reopen the hearing so that we could hear testimony from the applicant, but with this new report from the Planning Commission I am satisfied with their recommendation. Councilman Nichols: I had the benefit of some discussion on.this matter before the Planning Commission, and I feel that the recommendation as it appears here is entirely just and equitable and.I would certainly support it. Councilman Snyder: I have a question - in what respect is the Variance being granted? Size only? Mr. Menard: This is correct. The size is somewhat larger than required, however it is a roof top sign which is allowed in the C-2 zone. • Councilman Snyder: Well I think that should be pointed out that we are not granting that roof type sign as a Variance but that it is allowed here. At the hearing there was some misunderstanding about this,, However I am concerned where it says a precedent had been set in this general area with, regard to size - this could snowball into many variance requests. . And I am not so sure that this is the way to state when you say a precedent has been set in regard:- to size - - we would have to know why the previous precendents have been set. To me just because there are other larger signs - they may not be on a peaked roof, so it may be a variation in the need for larger size. I would tend to disagree with the fact that precedents have been set REG. C. C. 1-22-68 Page Nine HEARINGS - VARIANCE .NO. 609 - Continued because there are different reasons and none of them are given here. We have to find a way to enforce the new sign ordinance and if it is going to mean anything at all I think it needs stricter enforcement and more proof than stated in Item B . Councilman Gleckman: I agree in general with what you say but then at the same time you would have to change the requirements for a Variance because one of the requirements for :a Va.riance.:that must be answered, if I remember correctly, is to show that no.other usage; in the same vicinity has been granted something other than what this particular applicant is asking for. So he would have to have precedent shown in that particular area in order to satisfy that point in the Variance and I think in that respect this is what that precedent means. Councilman. Sn yder: I know what it means but there is also a very broad interpretation in the Variance and again to simply say that precedent has been set does not say that the man down the street wasn't allowed a larger sign because his building was lower or he was between two other buildings, etc. . There could be different reasons for the allowing of that larger sign than the granting of the previous variances. Mayor Krieger: I think what you are. doing really is highlighting • the requirements of the Ordinance. The burden is upon the applicant to indicate that he is not receiving a -special privilege and the fact that he can point out other locations of nonconforming signs suggests that it may not be a special variance but that doesn't get him home, it just gets him to first base and then it is still his burden to come in and justify - - and I think this is what you are saying - - for him to come in and justify why this should be extended to his property, what are the unusual circumstances which would justify it on his property. Councilman. Snyder: That is exactly -what I am saying and I don't see it in the report. Councilman. Nichols: If I may respond with a point that may give some further motivation to Dr. Snyder on this - - I recall that a Steak _Restaurant of some kind opened not too long ago on Glendora Avenue and they requested and received a Variance for a detached sign at that time on the basis of an unusually long structure and oriented on the lot so as to have the sign ordinance requirements apply to the narrow end of the building and if it had been oriented slightly different on the lot the signage allowed would have been three or four times as great and therefore because the Council deemed that to be some sort of hardship on the individual he was given permission to move a detached sign,out to the street to supplement the side wall signage. I think that application might be translated into somewhat the same philosphy applied here. Unique structure, very long, unusual design - and -.to give him a comparable • advantage in advertising the Variance is being requested. At least that would be my thinking. Councilman Snyder: I don't recall how I voted on the one you mentioned but if I voted in favor of it, I am sorry, I made an error. I don't think cause has been shown for a special privilege here, even though precedent has been set in the area. I for one - although I have nothing more to say on it - cannot vote for this Variance. Mayor Krieger: Mr. Menard, I am a little bit confused on the figures, perhaps you can enlighten me. I understand - 9 - REG. C. C. 1-22-6.8 Page -Ten HEARINGS - VARIANCE.NO. 609 - Continued the applicant applied for 88 square feet on :a , face - is that correct? .Mr. Menard: This was the first indication we had from the applicant that this was their standard roof sign, however when the scale drawing came in it indicated it was 4' by 22' long. When it came off the scale drawing it was x 22' which added on in that span a. few more square feet. Mayor Krieger: Mr. Menard: Is that how you got from 176 to 188 square feet? Yes sir. Mayor Krieger: Is there further discussion? We had the public hearing of course and the public hearing was closed, the applicant presented their case on ,the grounds, together with the report from the Planning Commission and if there is no -further discussion by Council, a motion would be in order. Motion by Councilman. Gleckman, seconded by Councilman Nichols, that Variance No.' '60'9 be approved subject to the conditions set forth in the Planning Commission memorandum of January 19, 1968. Motion carried on roll call as follows: AYES: Councilmen Nichols, Gleckman, Mayor Krieger NOES: Councilman Snyder ABSENT: Councilman Gillum Mr.'"Wakefield, City Attorney: Mr. Mayor - I think by working a little bit with the staff and the Planning Commission, perhaps we can develop a form of report which will set -"forth more precisely the basis on which the Variance is being recommended in some of these cases and pinpoint the problem that Dr. Snyder has raised and perhaps make it a little more understandable. Mayor Krieger: I think it would be helpful, Mr. Wakefield. Without reading the minutes of the Planning Commission it is difficult sometimes to arrive at. AMENDMENT NO. 85 Amend Section 9216 of the Municipal Code CITY INITIATED regarding certain modifications to the unclassified use permit section of the zoning ordinance. Approved by Planning Commission Resolution No. 2015. Mayor Krieger: Lela Preston, City Clerk: Do you have the affidavit of publication, Mrs. Preston? Yes sir. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the City Council receive and file. Mayor Krieger: Mr. Wakefield, we have a Resolution here from the Planning Commission which is precisely 6 pages in length and I am not quite sure how the Planning Director would begin to read these charts if he attempted to do so. Inasmuch, as this was City initiated is there a procedure where we can dispense with - 10 - REG. C.C. 1-22-88 Page Eleven .AMENDMENT NO. 85 Continued the reading of the body of the Planning Commission resolution? Mr.. Wakefield: Yes, Mr.. Mayor, I think the body of the Planning Commission resolution need not be read, but the purpose and objection of the changes being proposed could be explained by Mr. Menard, rather briefly. Mayor Krieger: Rather briefly, Mr. Menard? Mr. Menard: I will attempt that, Mr.. Mayor. Thank you. ( 'Mr. Menard briefly explained the Planning Commission - Resolution No. 2015.) THE CHAIR_ANNOUNCED THAT' THIS IS NOW THE TIME AND PLACE FOR THE PUBLIC HEARING ON AMENDMENT NO. 85 - CITY INITIATED. IN FAVOR None. IN OPPOSITION None. PUBLIC HEARING CLOSED, COUNCIL. DISCUSSION IN ORDER. Councilman Nichols: One question - as far as mechanically the way you established this chart, Mr.. Menard - you indicated by numbers that certain uses are prohibited in certain zones. Mr. Menard: This is correct. Councilman. Nichols: Now this may be a very ignorant question - - if the use is prohibited in a zone under the Ordinance, why do you have it listed here under uses permissable with an unclassified use permit? Mr.. Menard: I think you may have found an inadequacy in the pro- posed Ordinance. What we are trying to create is a document that will explain in as simple a manner as possible the uses that are permitted and prohibited by UUP in the various zones. Therefore, the: Number 1 in the chart indicates that the use is prohibited in the zone so specified, i.e., an UUP is not possible for that use in that zone. Specifying Prohibited as well as Permitted areas in the title of this section may clarify the issue. Councilman Nichols: This would be my thinking, that a statement should be added that the appearance of a use in the attached schedule does not indicate that it is a permitted use in any zone listed here or some such wording that would clarify that initially, because unless a lay person.asked for a copy of the Ordinance and began to peruse it they might not realize they are looking at some uses that are prohibited under some of the zones. That would be the only question I would have. I am generally highly in favor of this approach and the attempt to regulate these uses more effectively through the use of the unclassified use permit. I am not at all sure it will be infallible but I feel we are moving into fertile ground in this area and I certainly would favor it. REG. O. C. 1=22-68 Page Twelve AMENDMENT NO. 85 - Continued Mayor Krieger: You were concerned with the integrity of the chart too I presume, Mr. Menard without having blanks in it? Mr. Menard: When we first came up with -lit .from staff there were blanks in it, the Planning Commission said fill the blanks in. 'Mayor Krieger: Further Council discussion? I have a question. Under zoning regulations, Mr. Menard, subsection 15 it says. "regulations of the zone -on -which the property is situated, etc. etc., may be increased by the Planning Commission" - Do I understand this to be -within the jurisdiction of the Planning Commission? Mr. Menard: Under the unclassified use permit it has always been my understanding that the Planning Commission could grant or increase a regulation if they so desired because of the particular use at the particular location if it might be desirable to do so. This is quoted in almost all of the Ordinances that I researched or the staff researched. Mayor Krieger: Perhaps my question is too broad. The statement says - "any regulations of the zone in which the • property is situated" - this refers merely to the regulations of the zone and the particular piece of property that is involved in this unclassified use permit. . It doesn't pertain per se to the zone throughout the City? Mr. Menard: This is correct. They may have met the landscape requirements but 'in order to make the use compatible to a neighborhood use the Planning Commission said we would like a 5' perimeter with heavy screen landscaping - in other words they have increased the regulation to make it compatible to its neighbor. Mayor Krieger: Mr. Wakefield - this wording could not be interpretated could it to vest jurisdiction in the Planning Commission beyond the field of the unclassified use permit having to do with regulations of zones? Mr. Wakefield: I don't believe it could Mr. Mayor. The purpose of the language is to authorize the imposition of particular regulations in the use of the particular property and for which the special use or unclassified use permit is being applied for. It is not intended to relate to the regulations or the restriction on the use of the property in the zone, generally. I will take a look at the language with Mr. Menard and see if it can be clarified. Mayor Krieger: Any further questions - if not a motion would be in order. Motion by Councilman Gleckman, that the,. Council approve Amendment No. 85 - City initiated. Mayor Krieger: Did you wish to incorporate the comments having to do with the language on permitted uses? Councilman.Gleckman: I didn't hear that so I had better withdraw my motion. - 12 - REG. C. C. 1-22-68 Page Thirteen • 1] 0 AMENDMENT NO. 85 - Continued Motion by Councilman Nichols, seconded by Councilman Snyder, and carried, that the Council approve Resolution No. 2015 subject to the addition of certain language which will clarify the intent of the use of the No. 1 in the chart which is a part of that Resolution. PROPOSED ORDINANCE ADOPTING Set for hearing on December "STANDARD SPECIFICATIONS FOR PUBLIC WORKS 26, 1967. CONSTRUCTION" 1967 EDITION Mayor Krieger: We have the staff report. Mrs. Preston do you have the affidavit of publication? Lela Preston, City Clerk: Yes sir. It was published on January 4th and llth in the Tribune. Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that Council receive and file. Mayor Krieger: We have a staff report of December 21, 1967, having to do with the Standard Specifications. Mr. Aia ssa , does any member of your staff have any additional comments to make at this time? Mr. Aiassa: I don't believe so. Mr. Wakefield, City Attorney: This is the Time and Place scheduled for the Public Hearing on the adoption of the proposed ordinance containing Standard Specifications for Public Works Construction, 1967 Edition. The purpose of the Ordinance is to establish and adopt specifications, regulations, and provisions to be observed and followed in the construction, alteration, repair and removal of demolition of public works in the City or by the City including the issuance of permits and other matters required in connection therewith. Because the Ordinance is being adopted by reference to the Standard Specifications, copies of which are on file in the office of the City Clerk, this hearing is provided to give anyone that desires an opportunity to speak either in favor or in opposition to the proposed Ordinance and its adoption by reference. TIME AND PLACE FOR THE PUBLIC HEARING. IN FAVOR None. IN OPPOSITION None. Mayor Krieger: Apparently there is no one present this evening that wishes to speak In Favor or in Opposition to the proposed specifications, the chair will entertain a motion to close the Public Hearing. Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that Council close the Public Hearing. - 13 - REG. C. C. 1-22-68 Page Fourteen U PROPOSED ORDINANCE - "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION' - Continued COUNCIL DISCUSSION Mr. Wakefield: Mr. Mayor - it would be in order if the Council desires at this time, so the Ordinance will appear in the minutes at the same place as the Public Hearing, to consider Number 19 under the City Attorney's items, which is the Ordinance proposed to amend the Municipal Code to adopt Standard Specifications for Public Works Construction, 1967 Edition. . This is the second reading of the Ordinance. Mayor Krieger: There being no Council discussion we will go to City Attorney's agenda - H. Item 19 on Page 7. ORDINANCE NO. 1023 The City Attorney presented: "AN ORDINANCE OF THE. CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE TO ADOPT' THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1967 EDITION. " Motion by Councilman .Gleckman, seconded by Councilman Snyder,, and carried, that Council waive reading of the body of said Ordinance. Motion by:Councilman Gleckman, seconded by Councilman Snyder, that the City Council adopt said Ordinance. Motion carried on roll call vote as follows•:, AYES: Councilmen. Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT. Councilman Gillum Mayor Krieger: At this time we will take out of order on the City Attorney's agenda, Item#18. ORDINANCE NO. 1024 The City Attorney presented: "AN ORDINANCE OF THE CITY OF WEST COVINA ADOPTED AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE RELATING TO SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. " Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that Council waive further reading of the body of said Ordinance. Motion by Councilman Gleckman, seconded by Councilman Snyder, that said Ordinance be adopted by Council. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT:; Councilman Gillum. PLANNING COMMISSION REVIEW PLANNING COMMISSION ACTION TANUARY 17, 1968. (Mr. Menard, Planning Director, stated that the Council received in a report the action of the meeting of January 17th and he would be happy to answer any 14 - RE. C. C. 1-22-68 Page Fifteen PLANNING COMMISSION ACTION 1/17/68 - Continued questions on the report.) Mayor Krieger: Any questions on the report? Councilman Snyder: You are recommending ........ Mr. Menard: There will be a Resolution coming up - - but to briefly indicate what happened, the California Roadside (Council,- has,.j for a number of years been attempting to get the State Division of Highways to go to the point of advertising as many of the toll roads are doing in the East; in the same design form as the off ramp signs, indicating in simple words where there is food, lodging, etc. It is the opinion of the California Roadside Council that the proliferation of private' . ,. signs along the Freeway would be lessened if the State Division of Highways would adopt this type of attitude. The Federal Government has now adopted this type of standard signage for many of the interstate roads outside of California. . In addition the California Roadside Council recommended that where we have rest areas along the Freeway that small reader board signs be established under the jurisdictions of the State Division of Highways to indicate to the traveller what lies ahead. The Planning Commission agreed with this philosphy on both of these items and a Resolution will be forthcoming at the next regular meeting for your ratification of whatever you desire. Councilman Gleckman: I have a question. On the public hearings on Amendment No. 86 - City Initiated - when are • you going to hear that or have you heard that? Mr. Menard: That has been heard and approved Mr. Gleckman. Councilman Gleckman: How about the sign in that particular area? In other words you have to give a permit to allow the sale of outdoor firewood in C-3 ? Mr. Menard: That is correct. Councilman Gleckman: And the permit is granted by staff or Commission? Mr. Menard: It is under the temporary use section of the zoning ordinance and is similar to Christmas tree lots and approved by staff but circulated through four departments and they can condition it if they feel it is desirable. Councilman Gleckman: If the staff does not approve such a permit then what is the procedure? Mr. Menard: That one I will turn over to Mr. Wakefield. I would imagine it is appealable. . Mr, Wakefield: That is right. It goes directly to the Planning Commission with appeal ultimately to the City Council. The procedure ;is�'that::there_:be,a speoi&l permit procedure established for the granting of permits to sell firewood within the appropriate C-3 zone and then the permit would first be approved by the Planning Commission and then come to Council for final approval. Temporary permits are not to exceed 90 days. Councilman Gleckman: In other words, a man can receive a temporary permit for the sale of firewood but not a permanent - 15 - REG. C. C. 1-22-68 Page Sixteen PLANNING COMMISSION ACTION 1/17/68 - Continued one? Mr. Menard- That is correct. 40 Councilman Gleckman: And does the Council have jurisdiction to call that permit up if once granted by the staff ? Mr. Wakefield: Under the permit procedural the actual permit would first be approved by the Planning Commission and then come to the City Council for final approval. Councilman. Gleckman: Mr. Aiassa, with your permission may I talk to Mr. Menard? Mr. Aiassa: Yes. Councilman Gleckman: Mr. Menard, did you understand what Mr. Wakefield said and is this correct? I am assuming a permit can now be given by staff and would not go to the Planning Commission or Council? Mr. Menard: I understand the language but it is also my feeling that the temporary permit is granted by staff if in • compliance with the ordinance. Mr. Wakefield: Mr. Menard is correct. Councilman Gleckman: Then my question is if a temporary permit is given by staff can it be called up for any type of hearing by the Commission or City Council, or is it then granted for a 90 day period without the City Council delving into it? Mr. Wakefield: It is granted for the 90 day period subject to the conditions contained in the permit procedure and the proposed amendment to the Ordinance. Councilman Gleckman: What would be the procedure for revoking that permit ? Mr. Wakefield: If the conditions are not complied with then the Planning staff would initiate proceedings to revoke the permit. Councilman Gleckman: Thank you. Mayor Krieger: Is there further question;, or discussion on the summary action of January 17 ? . If not, we will go to the recommendation on Rapid Transit incorporated in the report. RECOMMENDATION RE. FUTURE RAPID TRANSIT Mayor Krieger: Council discussion on this matter? I think this is an extremely critical question we have and one that the City of West Covina would be well disposed to step into before the situation goes too much further. - 16 - REGo,C. C. 1-22-68 Page Seventeen RE. FUTURE RAPID TRANSIT - Continued Councilman, Snyder: I agree we should step into it and I think more people should because they have been talking about Rapid Transit since I have been in •California and there is really not much more done, and until you get more public pressure both from municipalities and the public in general, there is not going to be anything done about Rapid Transit. Mayor Krieger: This is with regard to phase 1 - the corridor and what bothers me is that they are beginning to make some progress and the progress they are making in this direction I would consider not adequate as far as West Covina is concerned. Councilman Nichols: May I ask two things on this matter? I would concur wholeheartedly in this recommendation and I would like to see the Council direct the preparation of a recommendation in a formal Resolution that would incorporate the sentiments given in point 1 - in that the City should urge the extension of the Rapid Transit line under Phase; 1. It seems to me almost tragic really when a major Transit is being proposed to terminate some 6 or 7 miles to the west of the single largest City in the entire East San Gabriel Valley and certainly that City which is geographically and populatironwise the center of the San Gabriel Valley in terms of proposed use of that system. For it to be terminated somewhere to the West I think is a disservice to the significant majority of people in the San Gabriel Valley and I think we should urge the Rapid Transit to give specific consideration to this.c..With respect to the second proposal, I would not be quite ready myself to urge on the system an extension of'the right-of-way because despite having read some material on this subject I am not quite sure that this may be the most J)ertinent approach to achieve point one. Councilman Snyder: I agree we should go along with the drafting of a Resolution urging point one and I also agree on point two, but I really don't expect to see Rapid Transit within my lifetime. Mayor Krieger: Well if we have it I don't want to see you have to get off at E1 Monte, that is the point,I would like you to be able to come to West Covina. Councilman Gleckman: Well Mr. Mayor, as I have remarked in the past - I thought we should stand up for what I feel is necessarily our rights and that is if there is any Rapid Transit line going to be built it should encompass 'the City of West Covina from the standpoint of either terminating or continuing on through. At that time it was suggested that we turn this over to the Planning Commission and they now have come back with a recommendation that I have been for all along, so I would concur with Councilman Nichols' remarks in.,thi.s:,regard;::a-nid(aiT.so:wi.th,his:,remarksiwith,xegard ta�the right-of-way of the San Bernardino Freeway. I think that could come at a later date when they finally decide to extend it as far as West Covina, so I would like to see that Resolution adopted or at least (.instruct the City Attorney and City Manager or staff to proceed on preparing a Resolution of this type. Mayor Krieger: Further discussion? If not a motion would be in order. Motion by Councilman.. Nichols, seconded by Councilman Gleckman, and carried by Council, that the City Council direct the City Clerk in counsel with. the City Manager to draft a Resolution for adoption by the City Council expressing the Council's strong desire on behalf of the citizens of West Covina, that any proposed Rapid Transit line - 17 - REG. C. C. 1-22-68 Page Eighteen RE. FUTURE RAPID TRANSIT - Continued running easterly through the San Gabriel Valley terminate not further to the west than the City of West Covina. Mayor Krieger: Mrs. Preston - may we have that Resolution back at the earliest possible date? It will need the vid.est: possible circulation in the shortest possible time. RECREATION & PARKS COMMISSION None. PERSONNEL BOARD REVIEW MINUTES OF DECEMBER 6, 1967. Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that Council receive and file the Personnel Board minutes of December 5, 1967. PERSONNEL BOARD RECOMMENDATION FROM MEETING OF 1/9/68. CLASSIFICATION CHANGE - PLANNING DRAFTSMAN and DELINEATOR • RESOLUTION NO. 3726 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 1277 RELATING TO AUTHORIZED POSITIONS AND SALARIES AND ESTABLISHING CLASS SPECIFICATIONS FOR ALL POSITIONS. " Mayor Krieger: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman. Gleckman, seconded by Councilman. Nichols, that the City Council adopt said Resolution. Mayor Krieger: Discussion on the motion to adopt? Mr. Menard has placed on the blackboard a presentation on this particular matter. (Mr.. Menard,. Planning Director, explained briefly the organization of the Planning Department, the reason for the new titled position and its duties.) Motion carried on roll call as follows: AYES: Councilmen Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: Councilman. Gillum . HUMAN RELATIONS COMMISSION None. REG. C. C. 1-22-68 Page Nineteen GENERAL MATTERS ORAL COMMUNICATIONS None. WRITTEN COMMUNICATIONS FRANCISQUITO-AZUSA NEIGHBORS RE. LOS ANGELES COUNTY ZONING CASE NO. 5286-(1) Mayor Krieger: We have a letter from Mr. Jordan and he is present this evening. The request is to have the appearance of a member of the City Council to testify at the Board of Supervisors hearing on February 8th. Councilman. Snyder: Have :.We.- ever done that previously? Mr. Aiassa: We have sent staff Mr, Menard has attended. Councilman Snyder: I think the reason for this request is that they think possibly the presence of a Councilman might have more effect on the supervisors but I don't think that is necessarily true and I don't know whether we should set such a precedent. • Mayor Krieger: I can. state we have in the past on one occasion on Workman. The property next to the Eastland .Theatre. The proposal was to go to commercial zoning and the Council opposed it and I appeared before the Board of Supervisors and gave a very cogent argument at which time they granted it. So I tend to agree with the feeling that the Council's feeling on it can be expressed as well in some form of written communication as long as the person attending makes sure the written presentation gets to the attention of the Board of Supervisors. Councilman Nichols: This is of course a major development immediately abutting the City and I can certainly agree that every effective effort should be made to convey the feelings of the City Council. I too doubt that the personal appearance of a councilman would accomplish more than having a competent staff member present who works regularly there with the individuals. Would it be in order however to direct the staff to prepare an additional communication directly from the City Council and ask our staff representative to deliver it? Mayor Krieger: Yes - it has only been at the . Regional Planning Commission level up to this point - now it is at the level of the Board of Supervisors. Motion by Councilman Nichols that Council direct the staff to prepare a letter for the Mayor's signature which would state in effect that the City Council of the City of West Covina have unanimously taken the position that the proposed zoning in connection with Zoning Case 5286-(1) is ,not -tin the best interests of the City of West Covina and that we hopefully urge that the Board of Supervisors will give serious con- sideration to the official views of the City of West Covina in this matter. I would further move that staff be authorized to be present in the form of a responsible person and in addition to other appropriate testimony present the letter from City Council of the City of West Covina officially to the.Board of Supervisors. Seconded by Councilman Snyder. - 19 - REG.. C. C. 1-22-68 Page Twenty LOS ANGELES COUNTY ZONING CASE NO. 5286-(1) - Continued Councilman Gleckman: Do I understand that this in no way restricts a Councilman from going down? 0 Councilman Nichols: I should not think so. E Mayor Krieger: Right. We will have a roll call vote as this has to be an unanimous vote. Roll call vote as follows: AYES: Councilmen Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: Councilman -Gillum (Mayor Krieger asked Mr. Aiassa to poll Councilman Gillum by phone when he returns to the City.) PETITION OF RESIDENTS ON VINE.AVENUE RE. SIDEWALK CONSTRUCTION Motion by Councilman Gleckman, seconded by Councilman. Nichols, and carried, that this matter be referred to staff. Councilman. Nichols: would be continued. Mayor Krieger: I would hopefully ask that the staff relate again to the West Covina Unified School District officials and that their original recommendation Is there further discussion or questions? jt:h.as'... been moved and seconded, no objections, so ordered. PLAZA MERCHANTS ASSOCIATION'LETTER OF COMMENDATION PO' ITY: AND:P.0LICE D.EPART WhI'>;S: ;-" , -. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the letter from Plaza Merchants Association be received and filed. LETTER FROM WEST COVINA_ BEAUTIFUL REGARDING FEBRUARY 3, 1968 BIRTHDAY DANCE AT ELKS CLUB Mayor Krieger stated that a letter had been received from West Covina Beautiful and that Council has been asked to make public this Birthday Dance to commenorate the 45th anniversary of West Covina, on February 3, 1968 at the Elks Club. The letter which will be on file in the City Clerk's office further states were '.tickets.can'b.e.obtei.ine'd. .Councilman. Gleckman added that if anyone, including the employees, inquired at City Hall, they could obtain the proper answer from the City Manager's office. Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that this letter be received and filed. MAYOR KRIEGER CALLED FORA 10 MINUTE RECESS AT 9: 05 P. M. COUNCIL RECONVENED AT 9: 15 P. M. - 20 - REG.. C. C. 1-22-68 Page -Twenty-one CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE MUNICIPAL CODE. SO AS TO REZONE CERTAIN PREMISES (Zone Change 385 - City Initiated.) Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that Council waive further reading of the body of said Ordinance. Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that Council introduce said Ordinance. ORDINANCE NO. 1025 The. Ci ty Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA ADDING CHAPTER 5 TO ARTICLE VII OF MUNICIPAL CODE OF THE CITY OF WEST COVINA PROVIDING FOR THE INSTALLATION OF UNDERGROUND UTILITY LINES. Motion by Councilman. Gleckman, seconded by Councilman. Nichols, and carried, that Council waive further reading of the body of said Ordinance. Motion by Councilman. Nichols, seconded by Councilman Gleckman, that the Council • adopt said Ordinance. Councilman Snyder: I wasn't here the night the Ordins nce was introduced and what I have to say may seem ludiorous,_but it seems to me to adopt an ordinance like this which will increase the initial cost of commercial development and ultimately all development, especially with regard to the use of utilities at a time when all costs are going up and at a time when we are increasingly, in fact the Country as a whole has a greater burden to bear with regard to the war and President Johnson's recent statement not only on the balance of payments by the use of the dollar in our own. Country by; -Jaw, adds to what I consider to be a luxury at this time and to impose on the people an extra cost in addition to all the other taxes seems to be wrong. I can't support this Ordinance at this time, but I do think it is desirable eventually. Councilman Gleckman: Are you talking about the underground installa- tions being a tax to the people? Councilman Snyder: No, I am saying that this is an added cost in that you ,are requiring new construction by law something that they do not have to do now and it is an added use of dollars and an added cost of living in an urban environment when all other costs, taxes, etc. , are also going up. . It is a luxury item when we are asked to cut down on luxury items. 0 Councilman Gleckman: I won't belabor the point, I will discuss with Dr.. Snyder sometime later. Motion carried on roll call vote as follows: AYES: Councilmen. Nichols, NOES: Councilman Snyder ABSENT: Councilman. Gillum Gleckman, Mayor Krieger - 21 - REG. C. C. 1-22-68 Page Twenty-two • CITY ATTORNEY - Continued ORDINANCE NO. 1026 The City Attorney presented: "AN ORDINANCE OF THE. CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA RELATING TO COMPENSATION OF MEMBERS OF THE PLANNING COMMISSION. " Motion by Councilman Gleckman, seconded by Mayor:.!.Krieger, and carried, that the Council waive further reading of the body of said Ordinance. Motion by Councilman. Gleckman, seconded by Councilman Nichols, that Council adopt said Ordinance. Councilman. Nichols: I have given considerable amount of thought to the position I have taken on this matter.. The Council will recall I voted "no" on the introduction and took a position of opposition on this matter, but after giving it considerable additional thought I believe the position that I had taken before is an incorrect position and so I am chang.in_gmy position, I will vote in favor of this. Motion carried on roll call as follows: AYES: Councilmen Nichols, Gleckman, Snyder, ...N`a.yor Krieger NOES: None ABSENT: Councilman Gillum .RESOLUTION NO. 3727 The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA RELATING TO THE COMPENSATION OF THE CITY MANAGER. " Mayor Krieger: Hearing no objection, waive further reading of the body of said Resolution. Motion by Councilman Snyder, seconded by Councilman Nichols, that the Council adopt said Resolution. Motion carried on roll call as follows: AYES: Councilmen Nichols, NOES: None ABSENT: Councilman Gillum Gleckman, Snyder,. Mayor Krieger RESOLUTION NO. 3728 The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA CALLING MUNICIPAL ELECTION APRIL 9, 1968. " Mayor Krieger: Hearing no objection, waive further reading of the body of said Resolution. Motion by Councilman-Gleckman, seconded by Councilman Nichols, that the Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen, Nichols, NOES: None ABSENT: Councilman Gillum Gleckman,- Snyder, Mayor Krieger - 22 - REG. C. C. 1-22-68 Page Twenty-three • • • CITY ATTORNEY - Continued Mr. Wakefield: Mr. Mayor - I just wanted to call attention to the members of Council, that this Resolution does not fix the precincts or designate the officials'.to serve - that will come under a separate Resolution. Councilman Snyder: This just illustrates how we are encumbered with a lot of procedural - what would happen if we did not pass such a Resolution? If we all voted "no"? It is sort of ridiculous we are forced to vote "yes". Mr. Wakefield: That is correct Dr. Snyder. This is just one of the procedural requirements that the law directs be done as one step in the process of holding a regular election.. Again you are right, it is a procedure provided by law and something we have to do. Councilman Snyder: Then,we are not completely free agents up here, we have to vote certain ways. Mr. Wakefield: Occasionally, yes. RESOLUTION NO. 3729 The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING THE BOARD ADOPTED OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF WEST COVINA RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 9, 19 6 8. " Mayor Krieger: Hearing no objection, waive further reading of the body of said Resolution. Motion by Councilman, Nichols, seconded by Councilman.Gleckman, that the City Council adopt said Resolution. Motion carried on roll call as follows: AYES: Councilmen. Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: Councilman Gillum Mr. Wakefield: Mr. ..Chairman - I would like to make one comment if I may? You will recall at your last meeting you finally adopted the Ordinance increasing the hotel -motel tax -from 4 to 5%. The Ordinance was prepared earlier and it didn't contain an effective date, although it recited an operative date to be put in effect immediately. In discussion with the. City Clerk's office it seemed apparent that it was not possible to implement the additional tax immediately without at least some notice to the operators of 'the Hotels and Motels. So after some discussion with the City Clerk I advised the Clerk that the Ordinance could be effective actually as of the date of its specification and she has been guided accordingly and the tax will be effective as of the 18th of January. Councilman Gleckman: Regarding this particular Ordinance, wasn't there a request sent through after we adopted this giving a date that the State and other Cities were going to adopt this on and requesting all cities that were going to adopt - 23 - REG. C. C. 1-22-68 Page Twenty-four • CITY ATTORNEY - Continued such an Ordinance to wait until a particular date. Councilman Snyder: is apparently not practical. Mr. Wakefield: Mayor Krieger: CITY MANAGER ACTION ITEMS SUB -LEASE STARK'S RESTAURANT Mayor Krieger: Mr. Aia s sa : • parking during the day. Councilman Snyder: Mr. Aiassa: This is only a temporary parking lot. Councilman Snyder: Mr. Aia s sa : Mr. Wakefield: Councilman Snyder: Mr. Menard: family residential. Councilman Snyder: Councilman Gleckman: Mr. Aiassa: It was not mandatory. I was on the Committee that sent that letter out and it was recommended that everybody adopt at the same time, but this My only purpose was to inform the Council that the increased tax will be effective as of January 18, 1968. Thank you, Mr. Wakefield. Anything you wish to add, Mr. Aiassa? The City Attorney has reviewed the proposed agreement. This is the agreement with Stark's to use the parking lot for public How long is this lease for? This lease parallels the lease that Mr. Thompson has with the Division of State Highways. When that lease terminates this will also. Did they lease it from the State or we are? No, they are. We are subleasing it. The sublease is for the purpose of making it of use to the Public. What is the zoning here? The zoning on the property is single family residential. All State Division of Highways several years ago were rezoned to single Don't they have to follow a precise plan? They did. Evidently you were absent. The term for the lease with Mr.. Thompson is 3 years and a 60 day notice is required if either party wants to terminate. - 24 - REG. C. C. 1-22-68 Page Twenty-five CITYXTA`NAGE1-'--STARK'S RESTAURANT SUB- LEASE - Continued Motion by Councilman Gleckman, seconded by Councilman Nichols, that Council approve the,,sublease between the City of West Covina and Bldy Distributing Company and authorize the Mayor and City Clerk to execute same. Motion carried on roll call as follows: AYES: Councilmen Nichols, NOES: Councilman Snyder ABSENT: Councilman. Gillum Gleckman, Mayor Krieger ARMSTRONG & SHARFMAN APPROVAL OF SCHEMATIC PLANS, SPECS & COST ESTIMATES RE. CIVIC CENTER SITE DEVELOPMENT RESOLUTION NO. 3730 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA DEFINING THE GENERAL SCOPE OF THE PROJECT FOR THE GENERAL LANDSCAPE SITE DEVELOPMENT OF A CIVIC CENTER. " Mayor Krieger: Hearing no objection, waive further reading of 4 the body of said Resolution. • Motion by Councilman Gleckman, seconded by Councilman. Snyder, that the _City Council adopt said Resolution. Motion carried on roll call as follows: AYES: Councilmen Nichols, NOES: None ABSENT: Councilman. Gillum TRAFFIC COMMITTEE MINUTES JANUARY 11 1 1968 Gleckman, Snyder, Mayor Krieger Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that Council receive and file. CONSULTING SERVICES OF MAX GILLIS RE. PROPOSED FREEWAY AGREEMENT Motion by Councilman Gleckman, seconded by Councilman. Snyder, that the Council authorize payment of $500. to Max Gillis regarding the proposed Freeway Agreement. Motion carried on roll call as follows: AYES: Councilmen. Nichols, •NOES: None ABSENT: Councilman Gillum Gleckman, Snyder, Mayor Krieger - - - - - - - ---- GENERAL PLAN CONSULTANT DECEMBER 1967 STATEMENT Motion by Councilman. Gleckman, seconded by Councilman Snyder, that the Council approve the General Plan consultant statement of December, 1967 in the amount of $3, 140. Motion carried on roll call as follows: AYES: Councilmen. Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT. Councilman Gillum ,25- REG. C. C. 1-22-68 Page Twenty-six CITY MANAGER 'Continued LEAGUE OF CALIFORNIA CITIES 1968 ANNUAL DUES Motion by Councilman Gleckman, seconded by Councilman. Snyder, that the Council approve for payment the League of California. Cities dues for 1968 in the amount of • $ 1, 785. Motion carried on roll call as follows: • AYES: Councilmen Nichols, NOES:. None ABSENT: Councilman Gillum CATV FRANCHISE ORDINANCE Gleckman, Snyder, Mayor Krieger Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that Council authorize the staff to study the est&bllshrner�t .of. a .Gity.4rdin n;ce: regLu­ Claiting�.C,ommunity. An.tenna,,.T.e'levies)ion_,Syste.ms...an-cl:i.re_ pArt.,ba.ok .to the C_ity.Council its findings. OFFICIAL MAP - CITY Mr. Aiassa; After talking it over with the City Coritroller instead of charging to the funds as shown in the report before Council, we reviewed this today and I would prefer to have Council authorize this expenditure under account 739.2 which is Public Pro. -motion and I would like to transfer $1050 from unappropriated funds to the General Fund. Mayor Krieger: You want to take the item only from account 739.2 and a transfer from unappropriated re- serve of $1050. Discussion on the report? Councilman Gleckman: Mr.. Aiassa - what type of supply of map3do we have right now? Are we out completely? Mr. Aiassa: Yes.. In the future we are going to have a better control of the distribution of the maps. Motion by Councilman. Nichols, seconded by Councilman. Gleckman, that Council authorize the staff to purchase 10, 000 city maps as produced by the Western Map Company in'an amount not to exceed $1500. and that $1050.be transferred from unappropriated reserve to account No. 739.2 for that purpose. Motion carried on roll call as follows: AYES: Councilmen. Nichols, NOES: None ABSENT: Councilman. Gillum Gleckman,, Snyder, Mayor Krieger CIVIL ENGINEERING ASSOCIATE. POSITION Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that Council authorize allocation of $3,292 from accounts Nos. 802. 12 a.nd 802.21 in order to provide staffing for the Civil Engineering Associate position. - 26 - REG. C. C. 1-22-68 Page Twenty-seven • CITY MANAGER - Continued MUTUAL AID AGREEMENT Mayor Krieger: Mr. Aiassa: We have a report from Chief Wetherbee to the City Manager. Do you have any comments, Mr. Aia s sa ? No. Mr. Wakefield and I reviewed this and I think it is all in proper form. Mr. Wakefield: Mr.. Mayor and members of the Council, this is a Mutual Aid Agreement between the City of Azusa, City of Covina, City of Pomona, and.the.;.C�ty,.of W;.est,Covina i:: >. '.._a. It is essentially the same kind of Agreement as previously existed between the same cities with the exception of the..City of Pomona that has been substituted in this Agreement for the City of Glendora. With this Agreement the City also has a Mutual Aid Agreement between, the County and the City which will cover the area of Glendora, so that you will in effect have expanded your Mutual Aid Agreements to have included the City of Pomona. Councilman Nichols: I am in favor of it.. Personally I think it is very good to bring the City of Pomona into the Agreement, which I think will greatly strengthen the municipal powers of both cities in the case of a need of fire protection. Councilman Gleckman: I have two agreements in front of me.. Are we going to talk about both of these at one time. Mayor Krieger: The first one we are talking about is the agreement consisting of Azusa, Covina, Pomona, and -West Covina.,_ ;arid 1%J.-:,-., the otherone we will take as a separate item. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that Council authorize the Mayor and City Clerk to enter the proposed Mutual Aid Agreement with the Cities of Azusa, Covina, Pomona and West Covina. , Mayor Krieger: Now we will take up the second one that involves, Arcadia, Azusa, Covina, Monrovia, and West Covina. Councilman Gleckman: Does this clear up now any M.Utual Aid.Agree- ments that are outstanding, Mr. Aiassa? Mr. Aiassa: No. There is one more item to clear up with the City of Glendora and I will discuss with Mr. Wakefield. The City of Glendora cannot • provide mutual aid per se because they are part of the County. The agreement with County will probably come back and include Glendora . Councilman Gleckman: But once this is signed they won't come back and ask us to sign another agreement? Mr. Aiassa: I hope not. Mr. Wakefield: I might just comment as long as youLare con- sidering the matter. The City of Glendora has - 27 - REG. C. C. 1-22-68 Page Twenty-eight • 9 CITY MANAGER - MUTUAL AID AGREEMENT - Continued been incorporated now in the Consolidated Fire Protection District of the County of Los Angeles and the City itself no longer provides fire protection but the agreement which you already have dated in 1965 between the County Fire Protection District and the City provides exactly the same kind of reciprocal aid agreement as formally existed between the City of West Covina and the City of Glendora. So really nothing further needs to be done so far as Glendora is concerned.. I have dis- cussed the problem with the representative of the County Fire Protection District and they of course want to abide by their agreement of 1965 and recognize that that agreement also applies in the area formerly handled by Glendora. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried , that Council approve the Mutual Aid. Agreements between the Cities of Arcadia, Azusa, Monrovia, Covina, E1 Monte and West Covina, and authorize the Mayor and City Clerk to sign such an agreement. STANFORD RESEARCH INSTITUTE PROPOSAL UPDATING AUDITORIUM REPORT Councilman Snyder: The report speaks for itself. Mr.. DeGood is here from Stanford Research Institute if anyone wants to ask questions. This is in the main to update the report of 4 years ago in the light of new information and changing circumstances and also in the light of how the Carousel Theatre is performing. This time, however, the staff will participate in the gathering of information and therefore the price is much less. I think this is necessary not only for our own use but for the use of our Blue Ribbon Committee working on the feasibility of an Auditorium. Mayor Krieger: We appreciate :your presence this evening Mr. DeGood. Are there any questions of Mr. DeGood, Dr. Snyder or the staff? Motion by Councilman Gleckman, seconded by Councilman Snyder, and tha:t.City Council direct the City Manager and City Attorney to negotiate a contract with the Stanford Research. Institute for updating the Stamford Research Institute Phase 1 Report dated November, 1964 for an amount not to exceed $1500. and including :.stalff preserritation for data collection and to present the contract':to Council for approval. Motion carried on roll call as follows: AYES: Councilmen Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: Councilman Gillum Mr. Aiassa: Mr. Mayor - and I presume this is in understanding with the Council representative - the subcommittee on the Auditorium would like to make trips to several locations and these trips will be carried on by the staff in one of our staff vehicles. I would like to advise Council these trips will be scheduled as follows: January 20,-LongjBeaoh; 27th -Pan Pacific Auditorium; February 3 -Anaheim; February 16 -- San Gabriel Misslon Auditorium- an:d Pasadena Civic; Februar.y'.17 dnglewood..&nd:Santa::Mbni�ca;,):` �ebruary'.24 Bakersfield. There will be a staff member along on the trips. Councilman Snyder: Are they budgeted for this? Mr. Aiassa: We have $300 and will try and make it go as far as we can. - 28 - REG. C. C. 1-22-68 Page Twenty-nine CITY MANAGER - INFORMATIONAL. ITEMS -Mayor Krieger: Items 12 through 14 are informational items only. Council discussion on any of these items? Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried that the notice from County Division of League of California Cities of annual dues increase be received and files, Motion: by Councilman. Snyder, seconded by Councilman Gleckman, and carried, that the proposed change in. State Department of General Services, Commission of Housing and Community Developriient and State Building Standards Commission, explained in staff report be received and filed. Motion by Councilman. Snyder, seconded by Councilman Gleckman, and carried that the staff report of Staff and. State discussions on Freeway Widening be received and filed. Mayor Krieger: Mr. Aiassa - on Item 14 - Freeway Widening what would be your return date on it? Mr. Aiassa: I am shooting for February 19th. COUNCIL REQUEST ITEMS PROGRESS SCHEDULE REPORT ON GENERAL PLAN Councilman Gleckman: I have no comments. I received the report and I am happy with the progress Motion by Councilman. Gleckman and seconded by Councilman Nichols, and carried, that Council receive and file. RESOLUTION FROM USGVMWD RELATING TO ADDITIONAL SHORT-TERM FINANCING FOR THE STATE WATER PROTECT (Mayor Krieger advised this was of ir± erest especially to Councilman Gillum and if it was not urgent it might be held over until Councilman. Gillum would be present.) Motion by Councilman. Gleckman, seconded by Councilman. Nichols, and carried, that this item be held over to the next regular meeting of the Council - February 13, 1968. CITY CLERK NOTICE OF HEARING BEFORE PUBLIC UTILITIES COMMISSION OF SUBURBAN WATER SYSTEMS REQUEST FOR RATE INCREASE' Mayor Krieger: We have a letter dated January 15, 1968 - does the staff have any recommendation on this? Councilman Gleckman: Mr. Aiassa - didn't we contract a gentlemen to give us some information on this ? - 29 - REG. C. C. 1-22-68 Page Thirty CITY CLERK SUBURBAN WATER SYSTEMS - Continued Mr. Aiassa: Mr. Mullbn . I would like to recommend to the Council that we review this with Mr.. Mullbrr and bring a report back to the Council. • So, moved by Councilman. Gleckman, seconded by Councilman. Snyder, and carried. CITY OF HOPE REQUEST TO SPONSOR "HOPE SUNDAY" SOLICITATION OF FUNDS Mayor Krieger: This has been granted previously in prior years. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the request of the City of Hope for solicitation of funds on "Hope Sunday"' be approved. SOUTH HILLS LITTLE LEAGUE REQUEST TO CONDUCT CANDY SALE MARCH 1 to 31 1968. Mayor Krieger: Was this done last year, Mrs.. Preston? Mrs. Preston, City Clerk: Yes sir - March of last year. a Motion by Councilman Gleckman, seconded by Councilman. Snyder, and carried, that permission be granted for the South Hills Little League to conduct candy sale March 1 to 31, 1968. Mayor Krieger: I received a memo from your office Mrs. Preston, today, having to do with three ABC applications having been filed late. Is there any urgency on this? Mrs, Preston, City Clerk: No - but all are no protest. 0 Mayor Krieger: Any objection to adding ABC applications for David Thompson, The Hut; Southland Corporation, Seven - Eleven Food Store; and Von's Grocery Company, dba Von's, to tonights agenda. No objections, the items stand added. Motion by Councilman. Nichols, seconded by Councilman Gleckman, and carried, that no protests be made. CITY TREASURER'S REPORT DECEMBER, 1967. Motion by Councilman Snyder, seconded by Councilman Nichols, and carried, that Council receive and file City Treasurer's report of December, 1967. . (Mayor's Reports: Items 1 and 2.were handled earlier in the evening.) - 30 - REG. C. C. 1-22-68 Page Thirty-one MAYOR'S REPORTS - Continued )RESOLUTION OF COMMENDATION TO GEORGE ZARTMAN RESOLUTION NO. 3731 The City Clerk presented: • "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA COMMENDING GEORGE ZARTMAN FOR HIS SERVICES TO THE CITY OF WEST COVINA. " Mayor Krieger: Hearing no objection, waive further reading of the body of said Resolution. Motion by Councilman Gleckman, seconded by Councilman Nichols, that the City Council adopt said Resolution. Motion carried on roll call as follows: AYES: Councilmen Nichols, NOES: None ABSENT: Councilman Gillum Gleckman, Snyder, Mayor Krieger Mayor Krieger: Is there any objection by the City Council, to have this Resolution perma-plaqued? (No objections.) Any objection to presenting also the City Seal? (No objections.) . Mayor Krieger: I see where we have a letter. from Mr. Tambe, Manager of the Chamber of Commerce, indicating that the evening of January 29th is available for a joint meeting. How is that date with the members of the Council? (No objections, agreed upon.) At the time of our adjournment then it will be to that date and time for the purpose of meeting with the Executive Board of the Chamber of Commerce. I would like to find out from the staff if there is any information from the Flood Control people as to when Hollenbeck intersection is going to .be completed. Mr. Zimmerman: The Hollenbeck intersection is presently open from the middle over to the easterly end, and there is a junction structure to be constructed and this is probably the hold-up, . I have no definite word as to when this will be completed. There is also some more pipe to go in, it will undoubtedly be a couple of weeks yet before work is completed. Mayor Krieger: I would request the staff to make the necessary request of the County and submit a report back to the Council as to when they will be completed, also Citrus and Azusa as well. Councilman Nichols: Couldn't we put some signs up saying these are not projects of the City of West Covina ? Mayor Krieger: Let's have a report back on,Azusa, Hollenbeck and Citrus. Councilman Gleckman: Mr. Wakefield, is there any possibility when we get involved in these types of contracts with the State or County, that we might request a completion date in their contracts, when we go ahead and release the prerogative of the street to these people? I am sure they don't care if it takes ten years to complete their project - 31 - REG. C. C. 1-22-68 Page Thirty-two MAYOR'S REPORTS Continued and I don't see where we have any authority or any jurisdiction to come back to the State or County and say - look we are concerned with this construction company going off to complete another job and leaving ours half constructed - - I am not saying that this is being done, but to prevent it from happening anywhere, if we had a completion clause...... Mr. Wakefield- The Flood Control District do -have a date of com- pletion time vested in each of the contracts. Actually I am sure the City does not have any agree- ment with respect to use of its streets by the F1ood.Control District because it has a right to place its structurals within the streets of the City without further permission. The problem you are discussing is one that I think can best be handled on the basis of conferences between the City and staff and the Flood Control District and the Mayor's suggestion will handle that. Mayor Krieger: Mr.. Aiassa - may we have this report back as soon as possible. Mayor Krieger: The next item has to do with the communication that was directed to us by Mr. Schabarum dated January 12th. Did you intend to put that on as an agenda item having to do with the traffic warnings for mechanical defects? Let's have it on, the agenda because I want to discuss this. Mayor Krieger: How about this West Covina Unified School District draft of the swimming pool agreement - we have a letter from Mr. Eastman dated January 10, 1968. Mr. Aiassa: They are setting up a meeting now. . I believe Mr. Wakefield can inform the council. Mr. Wakefield-, The meeting is scheduled for Thursday of this week to review and finalize the draft of the form of the final agreement, so it should be Nick to the City Council at your next meeting. COUNCIL COMMITTEE REPORTS Councilman. Nichols: Mr. Aiassa did youfind out anything about the question I raised this morning on the dump fees? Mr. Aiassa- No, we will get something back to you. Councilman Nichols: Have you got something yet with regard to the problem of the traffic flow on the Azusa off -ramp • or: is that in progress ? Mr.. Aiassa- That is in progress. Councilman Snyder: I am an alternate to the Independent Cities, meeting Wednesday night and apparently Mr.. Nichols cannot go this coming Wednesday and I am not sure that I ca n. - 32 - REG. C, C. 1-22-68 Page Thirty-three • • • COUNCIL COMMITTEE REPORTS - Continued Councilman Nichols. We have not historically played a major role in this and I have tried to attend when possible, but I don't believe it is a crisis if we are not there. I am supposed to be at three special events that night and I cannot add a fourth. Councilman Snyder,- Well I am supposed to be at another place also. Councilman Gleckman. The only thing I have Mr. Mayor - I think it is time that this Council start thinking about changing the name of Service Avenue. With the new construction going in as far as the underpass at Orange and Pacific and with the continuation of what is presently 9... I.. _j Walnut Creek Parkway, I think for us to wait until the last minute to discuss this issue would be unfair to the businesses: in the area. Any action that we could take now would give the people on that street at least 1-1/2 to 2 years start and it would prevent the need for reordering stationery, etc. , and prevent a lot of complaints. I would like to entertain putting that on the agenda for discussion with some staff recommendations for names. Mayor Krieger: Perhaps this is an item that could be added next Monday night and discussed with the Chamber of Commerce. Councilman Snyder. Don't name changes have to come from the Planning Commission ? Mr. Aiassa. It has to be approved by the Planning Commission. Mayor Krieger: Perhaps this item can be put on the Agenda next week. (Agreed.) DEMANDS Mayor Krieger. Mrs. Preston who is authorized to sign for Demands in the absence of Councilman Gillum? (Advised he could appoint someone.) I will appoint Councilman Nichols to sign the demands. Motion by Councilman Nichols that demands from demand sheet B357 through B359 totalling $595, 608. 83 be approved by Council as listed. Motion seconded by Councilman. Gleckman., and carried on roll call vote as follows. AYES. Councilmen Nichols,. Gleckman, Snyder, Mayor Krieger NOES. None ABSENT. Councilman Gillum Mayor Krieger. Motion to adjourn would be to January 29, 1968, at the hour of 7. 3 0 p.m. So moved by Councilman Gleckman, seconded by Councilman Nichols, and carried. Meeting adjourned at 10 p.m. ATTEST. (r APPROVED. /3) CITY CLERK - 33 - MAYOR