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02-26-1968 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA FEBRUARY 26, 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 Gillum. The invocation was given by Reverend Conrad Koosman - Christ Lutheran Church. ROLL CALL Present: . Mayor Krieger, Councilmen Gillum, Nichols, Gleckman, Snyder Also Present: George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk H. R. Fast, Public Service Director Owen. Menard, Planning Director George Zimmerman, Ass't. City Engineer Ray Windsor, Administrative Assistant Phil Wax, Vice -President Chamber of Commerce Chris Tambe, Manager - Chamber of Commerce • APPROVAL OF MINUTES February 13, 1968 - Approved as corrected: Councilman.Gleckman: On page 19, I would like an addition. First paragraph, third line should read "Pass and Covina Road". Councilman. Nichols: On page 17, in the large paragraph attributed to Councilman. Nichols the first line should read - "...I think there are some ways. . . . " In the same paragraph I don't know if the next correction is an error in transcription or if I did not make myself clear, but as it now reads it is not a complete sentence and I would like this change to be made in the fourth line - "that cannot be regulated or corrected, and I think there is needed the addition perhaps of one or .... . . ". On page 23 next to the last paragraph, I believe I stated - "and I am quite sure the City would terminate its program by a few days earlier.... " Mayor Krieger: I would have these corrections on Page 8 under Social Security Withdrawal, first paragraph, second from the last line - the correct name is Mr.. Bateman. On page 10, a statement attributable to me , the word is "perceive". On page 16, second from the last paragraph the word "concluded" should be "concurred". On page 23, third paragraph from the bottom should read - "It just seemed to me at lea.st a cute question". •Page 27, Councilman.Gillum's statement having to do with the Upper San Gabriel Valley Municipal Water District, I think you were talking about "the lesser of the three evils" rather than "lessor". Page 29, statement by Councilman Snyder, second paragraph, last line should read - "and our own..... " And on page 31, first paragraph under the Blue Ribbon Program, fourth line should read "....Municipal Achievement Award .... " Motion by Councilman.Gleckman, seconded by Councilman. Gillum, and carried, that the City Council approve the minutes of February 13, :196,8 as corrected. - 1 - REG. C.C. 2-26-68 Page Two CITY CLERK'S REPORTS PROJECT SP-68006 Location: Southerly side of Cameron Avenue, approxi- mately 369 feet westerly of Hollenbeck Street. Mayor Krieger: Are there any questions on the Engineer's report dated February 21,1968? If not, may we have the reading of the heading of the Resolution, Madam City Clerk? RESOLUTION NO. 3750 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF WEST COVINA ACCEPTING GRANT OF EASEMENT - THOMAS AND JUDITH ADAMSON (Project SP-68006) . " 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. Gillum,. Nichols, Gleckman,- Snyder,-Mayor.Krieger NOES: None ABSENT: None PLANNING COMMISSION • REVIEW PLANNING COMMISSION ACTION OF FEBRUARY 21 1968. Mr. Menard: There were no Public Hearing items on the Planning Commission meeting agenda. You received a staff report and I will be happy to answer any questions. Councilman Gleckman: The only question I have.,Mr. Menard-is regarding the name change that we asked the Planning Commission to come up with. Is this automatically changed to this particular name or is there some further action required by the City Council? Mayor Krieger: We have a recommendation from the Planning Commission to the City Council on a change of name. The procedure to be followed at this point - would be what, Mr. Wakefield? Mr. Wakefield. There are two ways in which it can be done. The City Council can merely receive the report of the Planning Commission and if it is prepared to do so, order the change to be effective at a date to be fixed, or the Council might if it elects to do so, set the matter for hearing and set a Public Hearing and give those affected by the change a chance to express their feelings on the matter. A Public Hearing is not . required as a matter of law. Mayor Krieger: One additional question, Mr. Menard. When we sent this to the Planning Commission it was my under- standing we were talking about the San Bernardino Freeway to Vincent and this talks about Sunset Avenue. Did the Commission consider it easterly of Sunset? Mr. Menard: Considerable discussion occurred on the entire breadth of the City. The report on the name change as submitted by the Engineering Department recommending -2- REG. C.C. 2-26-68 Page Three PLANNING COMMISSION - Continued that this section from the San Bernardino Freeway to Sunset be changed at this time and the Commission saw fit to accept that recommendation. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council set the name change of Service Avenue and indluding Walnut Creek Parkway, from the San Bernardino Freeway east to Glendora Avenue for a Public Hearing. WRITTEN COMMUNICATIONS LETTER FROM ASSEMBLYMAN FLOYD L. WAKEFIELD RE. DISTRIBUTION OF STUDENTS BY RACE Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that City Council receive and file letter from Assemblyman Floyd L. Wakefield. LETTER FROM CITY CLERK OF CITY OF LOS ANGELES RE. 1976 OLYMPICS. Motion by Councilman Gleckman, seconded by Councilman. Gillum, and carried, that this City Council go on record as concurring with the Resolution as submitted to the Council by the City of Los Angeles regarding the Olympics of 1976. • Mayor Krieger: The City Clerk does have a copy of the sample resolu- tion and I am sure you can draw an appropriate heading. And without hearing any objections, we will waive further reading of the body of said Resolution. Motion by Councilman. Gleckman, seconded by Councilman Gillum, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: .AYES: Councilmen, Gillum,. Nichols, Gleckman, Snyder, ._...Mayor. Krieger NOES: None ABSENT: None (RESOLUTION NO, 3751.) LETTER FROM UNION OIL COMPANY RE. VIBROSEIS GEOPHYSICAL. SURVEY"ALONG SUNSET AVENUE Mayor Krieger: John Norris Land Department .Union Oil Company 645 Sante Fe Springs Road ar_ta Fe Springs, California Councilman Gleckman: I understand Mr.. Norris is present this evening in the event'ahere are any questions. Mr.. Norris, I would appreciate it if you could explain a "vibroseis geophysical survey". Mr.. Norris: I have with us this evening our subcontractor who will take you through the entire operation - with your permission ? - 3 - REG. C.C. 2-26--68 Page Four UNION OIL COMPANY - Continued Ronald ]Da.n.tenasiqn Vibroseis geophysical surveying is a method for 3405 W. Imperial Hwy, exploring for subsurface structures which may con - Inglewood y' tain petroleum. (Explained the method used. Councilman Snyder questioned whether or not they used detonators in their operation • and he was advised they did not and the method used was explained to the Council.) Mayor Krieger: When do you people desire to do this - Mr.. Norris? 'Mr.. Norris: I would say in about 10 days to 2 weeks, we would like to have the permit. Councilman Snyder: One further question, if I may. What strength of vibrations do you use? Are these at the level where they can be troublesome to neighbors? Mr. Dantenasian: I would say at times it could be slightly annoying if you are very near it, but they are in general not very strong. (Explained method.) Mayor Krieger: Thank you gentlemen. Mr. Aiassa - within that time schedule I believe your staff can work this out. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that thismatter be referred to staff for a recommendation to Council at the next Council meeting. • --------------- ANNEXATION OF SAN JOSE SCHOOL SITE REQUEST: BY WEST COVINA UNIFIED SCHOOL DISTRICT Motion by Councilman. Gleckman, seconded by Councilman Gillum, and carried, that Council refer this item to staff. SISTER CITY QUARTERLY REPORT DECEMBER 31, 1967. Motion by Councilman Gleckman, seconded by Councilman. Snyder, and carried, that Council receive and file Sister City quarterly report dated December 31, 1967. PRESENTATION OF CERTIFICATES TO CITY CHARTER BLUE RIBBON COMMITTEE MEMBERS Mayor Krieger: We have with us a number of citizens of West Covina who were kind enough and generous enough with their time and talents to participate in this involved. question and from whom we received a very enlightening report. Councilman Nichols • served as the Council liaison on this Committee and he may have some comments he wishes to make. Councilman Nichols: I had the opportunity to make comments at the time the report was presented to the Council and I think at that time I conveyed the general sentiments of our appreciation for the unbiased work that has gone into this report and I would have no further comments at this time. - 4 - REG. C.C. 2-26-68 Page Five CITY CHARTER - Certificate Presentation - Continued Mayor Krieger: Although it is a little irregular, I would like to read one paragraph from a letter I received from a member of this Committee, without mentioning the name. This person states that he will be unable to be here this evening because of a recent • operation. The quotation -"being onAhe.,Charter. Study Committee was as rewarding as I expected although the outcome was unpredictable. Disagreeing with such fine gentlemen as Paul McCann and Don Frankel was a pleasant experience because we share the same mutual interests in good local government. " I thought that was a helpful insight into the workings of this committee. _ (MAYOR KRIEGER THEN PRESENTED THOSE MEMBERS PRESENT WITH A CERTIFICATE OF COMMENDATION.) Mayor Krieger: Mr. Lewis and Mr. McCann - you accepted the responsibility of acting as co-chairmen of this Charter Committee and the City Council has adopted unanimously identical resolutions- Nos. 3745 and 3746.' . Identical in wording except for the recepient of the resolution. I would like to read the Resolution .. and then present to each of you a perma-plaqued copy in recognition of your services on this. Committee. (PRESENTED'CERTIFICATES '):�'I w:ould further-Aik6i.'to advi 8 e'.the.committee their study has been read by the City Council and both the majority and minority reports have been sent to the Department Heads of the City Staff and we have asked for technical reports from each Department Head, as to the effect if any that a Charter City would have on their Department. After this report is received from City Staff we will then take action appropriate to those findings. Again, thank you very • much. --------------- SCHEDULED MATTERS BIDS PROJECT SP-68004 LOCATION: California Avenue, Cameron Avenue to STREET IMPROVEMENT Merced Avenue, and Merced Avenue easterly of California Avenue. Bids opened by City Clerk on Wednesday, February 21, 1968. A total of eleven (11) bids were received and reviewed. All bids were checked for errors and were determined to be valid bid proposals. Aman Bros. 10% bid bond $ 31, 642. 18 L C Construction 33,789.96 D & G. Concrete 34, 524. 95 W. R. Wilkinson. Co. 35, 117.66 D& W Paving Inc. 35,718.78 Louis S. Lopez 36,218.85 Crowell & Larson 37, 076.40 Sully -Miller 38, 116.40 Fred Weisz & Associates 38, 478. 96 • Vernon Paving Co. 38, 853. 95 Griffith Company 41, 510. 15 This project calls for the reconstruction and widening in various locations of California Avenue between Merced Avenue and Cameron.Avenue and also widening Merced Avenue easterly of California Avenue, to accommodate two westbound traffic lanes. A short reach of sidewalk is also included in this project on, St. Malo Street, northerly of Vine Avenue. Mayor Krieger: Is that the report, Madam City Clerk? - 5 - REG. C.C. 2-26-68 Page Six • • SCHEDULED MATTERS - Project SP-68004 - Continued Lela Preston: Yes sir, Motion by Councilman.Gleckman, seconded by Councilman Gillum, that City Council accept the low unit price and lump sum bid of Aman Bros. , of Covina, in the amount of $31, 642. 18 for Project SP-68004; and that the Mayor and City Clerk be authorized to execute the agreement with the said Aman Bros. Motion carried on roll call vote .as follows-, AYES: Councilmen Gillum, Nichols, Gleckman, Snyder. . NOES: None ABSENT: None ABSTAIN: Mayor Krieger Mayor Krieger: For the record again, as indicated on previous occasions, the bidder here is and has been for long years prior to my serving on the Council, a client. HEARINGS STREET VACATION OF A CERTAIN LOCATION: Northwesterly corner of Barranca PORTION OF BARRANCA STREET Street and the North Frontage Road. PROTEST HEARING Hearing of protests or objections set. f or this date by Resolution No. 3725 adopted on January 22, 1968. Mayor Krieger: This is the time and place for the hearing of protests or objections - Madam City Clerk do you have the affidavit of posting'.and publication? Lela Preston: Yes I do. Motion by Councilman Gillum, seconded by Councilman.Gleck.man, and carried, that Council receive and file. Mayor Krieger: Mr. Fast, as Public Service Director, do you have a statement to make regarding the necessity for public use of the proposed portion of Barranca Street to be vacated? Mr., Fast: Mr.. Mayor, this is a one way street located behind the gas station at the north westerly corner of Barranca Street and the north frontage road and is no longer needed for street and highway purposes because of lack of use.. There are several other routes available in lieu of this one. ..(Gave full verbal report and referred to map explaining location, etc.) Mayor Krieger: Madam City Clerk, have you received any written protests or objections against the abandonment of this street ? Lela Preston: No, I have not. Mayor Krieger. Is there anyone present this evening who desires to make a written or verbal protest or objection? No one present desired to do so. - 6 - REG. C.C. 2-26-68 Page Seven • n HEARINGS - BARRANCA STREET VACATION Continued Motion. by Councilman. Gleckman, seconded by Councilman Snyder, and carried,. that the public portion of the protest hearing be closed. COUNCIL DISCUSSION Councilman Gillum: Mr. Fast, have they ever been able to get the two pro- perty owners to agree on the property line? Mr.. Fast: They have not resolved their differences. Councilman. Gillum: As I understand it then, the blue-green area on the map will be still owned by the City? Mr. Fast: We merely retain an easement only for street purposes. RESOLUTION NO. 3752 The. City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA ORDERING THE VACATING OF A CERTAIN PORTION OF BARRANCA, STREET AND RESERVING AND ACCEPTING IN FAVOR OF THE CITY OF WEST COVINA CERTAIN RIGHTS AND EASEMENTS LOCATED THEREIN FOR PUBLIC UTILITY AND OTHER PURPOSES. " Mayor Krieger: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, NOES: None ABSENT: None ZONE CHANGE NO. 389 CITY INITIATED Nichols, Gleckman, Snyder, Mayor Krieger LOCATION: Northwest corner of Sunset and Merced Avenues (Maxson Medical Building and Queen of the Valley Hospital) Request to reclassify from R-A to R-P approved by the Planning Commission resolution No.. 2023. Mayor Krieger: Mrs. Preston, do you have the affidavit of posting and publication ? Lela Preston: Yes sir. Motion by Councilman Gillum, seconded by Councilman.Gleckman, and carried, that Council receive and file. (Mr. Menard, Planning Director, read the Planning Commission resolution No..2023 in fu.11.. Then used the map presented to point out the area and explained.) MAYOR KRIEGER THEN ANNOUNCED THIS IS THE TIME AND PLACE FOR. THE PUBLIC HEARING ON ZONE CHANGE NO. 3 89 ,. CITY INITIATED.: - 7 - REG. C.C. 2-26-68 Page Eight HEARINGS - Zone Change No. 389 - Continued IN FAVOR None. 0 IN OPPOSITION None. Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that the public portion of the hearing be closed. COUNCIL DISCUSSION Councilman Gleckman: Mr. Me.nard, would this have anything to do with any of signs by changing the zone? Mr. Menard: Many of the signs existing on the facilities were allowed as part of the variance and as such the land use variance on the signs would continue on. . Needless to say if larger signs are allowed by the zone or different location of the signs, this would give them this flexibility by applying the R-P zoning to the land. Councilman Gleckman: Has anybody done any investigation on it? Did the Planning Commission discuss it at all? • Mr.. Menard: The Planning Commission did not.. The staff looked into it to a very limited extent. Generally speaking the signs allowed under the sign ordinance that existed when these were granted - there are not any large difficulties in that sign ordinance. . It is not in great conflict with the new sign ordinance. Councilman Nichols: My recollection of the matter is that the variance that we granted xequirbd-r the facility to maintain the R-P stand ards for signage on that facility, and I believe they are in fact the same signs that are allowed on the R-P zones. Motion by Councilman. Gleckman, seconded by Councilman Gillum, that Zone Change No. 389 - City initiated be approved. Councilman Snyder . In rezoning all this property R-P on which a great deal of parking is done by a large hospital including that triangle area in the back which I don't think they will have access to - I wonder what effect this will have, if in fact it will have an overall effect on the General Plan and total R-P zoning in the City? Mr. Menard: I would say offhand that the statement is very definitely true if you use statistics only from the point of view of looking at totals but obviously the staff utilizes the knowledge obtained from the statistics and knowing the location and having a pretty good idea it is going to be used for expansion of the hospital, it would not be considered for adding to the land bank. . A realistic viewpoint of the statistical data would have to eliminate such large acreages from the land bank. Councilman Snyder: I only bring it up because I can see it being used statistically in the future and I wondered if the staff is aware of this .... REG. C.C. 2-26-68 Page Nine ZONE CHANGE: NO. 389 - Continued Mr., Menard: I understand the point. Councilman Snyder: I think it is a good change of zone. • Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman,. Snyder,Mayor Krieger NOES: None ABSENT: None ------------ AMENDMENT NO. 87 Request to amend Section 9210 of the zoning ordinance CITY INITIATED to modify the R-P section approved by Planning Commission resolution No. 2024. Mayor Krieger: Mrs. Preston do you have the affidavit of posting and publication ? Lela Preston: Yes I do. Motion by Councilman .Gleckman, seconded by Councilman Gillum, and carried, that Council receive and file. Mayor Krieger: We obtained a ruling from Mr. Wakefield some meetings ago that it is not necessary, as long as the matter is public knowledge by resolution of the Planning Commission, to read in.its entirety a resolution of the Planning Commission. . Is that correct, Mr. Wakefield? (Answer: Yes.) Mr. Menard - we will give you the opportunity to summarize to the extent you wish. (Mr.. Menard, Planning Director, summarized the Planning Commission resolution No. 2024, and verbally discussed.) MAYOR KRIEGER ANNOUNCED THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON AMENDMENT NO. 87. IN FAVOR None. IN OPPOSITION None. ..Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the Public portion of the hearing be closed. COUNCIL DISCUSSION Councilman Gleckman: Mr. Menard - you say that the height restriction was taken out of this particular ordinance. (Answer.: Yes.) How does that affect the signage? In other words if they build a 4 story building what are we talking about as far as signage in the ,O-P zone? Mr. Menard: The signage would remain the same.. The sign portions of the zoning ordinance specify the heights to which signs can go. ,These were not tied into the height limit itself. - 9 - REG. C.C. 2-26-68 Page Ten AMENDMENT NO. 87 - Continued They stand free and separate from any height limit as applied to the zone. (Gave verbal examples.) Councilman Gleckman: So actually what we are doing is replacing the R-P zone • with an O-P zone with certain specific other conditions? Mr. Menard: Right. Motion by Councilman Gleckman, seconded by Councilman Snyder, that Amendment No. 87 - City initiated be approved by Council as submitted. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman,. Snyder, Mayor Krieger NOES: None ABSENT: None Mayor Krieger: Mr. Menard - I am sure I speak on behalf of the Council when we compliment you and through you the members of your Department on the draftmanship of this particular ordinance in combining the various diffuse elements of this ordinance into one body. Mr. Menard: Thank you Mr. Mayor. . I might add that with the adoption of this Ordinance, it creates the format under - which we will continue on the other intense zones. 0 Mayor Krieger: We will look forward to that. GENERAL MATTERS ORAL COMMUNICATIONS PRESENTATION BY CHAMBER OF COMMERCE Phil Wax, 1st Vice -President This is in answer to a letter from the City Chamber of Commerce Council pertaining to Resolution No. 3732. On February 15, 1968 the Chamber of Commerce Board of Directors unanimously voted to support City Council action on the City's resolution.No. 3732 in that the Chamber of Commerce will communicate this action to the Rapid Transit District) Board of Supervisors and other valley Chambers of Commerce, to obtain additional support for this position. Mayor Krieger: That had to do with the easterly terminus of the corridor ? Phil Wax: Yes. We had one other action - the Transportation Committee recommendation to the Board. The Board decid- ed;hot to. -rewrite :the .:_ report based on being able to present the full committee report to the City Council pertaining to the planned .Huntington Beach Freeway routing. (Presented copies to the Council. ) With permission of the Mayor and Council, I would like to read the recommendation only. (permission granted) . The Chamber of Commerce, Board of Directors meeting on.. February 15, 1968, :. voted and adopted the following recommendation: - 10 - REG. C.C. 2-26-68 Page Eleven CHAMBER OF COMMERCE PRESENTATION - Continued The Transportation Committee therefore recommends that the Chamber of Commerce Board of Directors take action supporting the adoption of the Lark. Ellen Study corridor of the planned Huntington Beach Freeway. Further that this action be communicated to the West Covina City Council and the State Division of Highways, urging the early formal adoption of the recommended route. . It is further recommended that our Huntington Beach Freeway Committee be authorized to contact the Chambers of Commerce in the Cities of Azusa, Irwindale, Industry, La Puente - seeking action supporting this position. In order for the Chamber of Commerce to pursue this course, we need the following action: 1 - We now ask the City Council to take similar action for West Covina; 2 To contact the same recommended cities for their approval of the same route. I will be happy to answer any questions. We also have a map showing the Lark Ellen and the other bands that have been recommended. Councilman Nichols: I would like to have what they are describing as the "Lark Ellen Corridor" pointed out - Mr. Mayor: Chris Tambe, Manager (Explained advising that the map on the wall was Chamber of Commerce provided by the State Division of Highways) The name - Lark Ellen Route Freeway - does not go very far to describe the route we have suggested here, but in the course of our studies and looking at the studies which other organizations and groups made, nobody else seems to agree on a name, so we picked a name and thought we would take the • opportunity to describe it to you. (Explained in detail -stating the routea. runs between Lark Ellen Avenue and AzusAvenue for that portion within the. City of West Covina.) Councilman Nichols: The only point I would like to make in connection with this - these matters are of great concern to many people in the community and the only publicity given to a report so far was the Citizens Blue Ribbon Committee report,. which generally referred to an Azusa Avenue alignment.:: (Mentioned the alignment) Now if you are in fact recommending the same alignment that this Committee recommended basically but are calling it the Lark Ellen alignment - is it not possible that it will serve to cause community confusion in terms of what alignments are being recommended? Chris Tambe: You are quite right, Councilman Nichols. If the Council decides to use the nomenclature of Azusa Avenue, which in fact no one else is using - the Division of Highways has not named it and the Covina studies uses A 1 - B - C, etc. We would find no objection in changing the label. What we are talking about in our recommendation to you is in fact the same study band as described generally in the West Covina Blue Ribbon Committee report except we are not recommending as precise an alignment as you got from that committee. Councilman Snyder: Mr. Aiassa - when we make our appearance before the hearing on the alignment of this. Freeway - what material will the city staff use? The finalization of this route by the General Plan as adopted, or may I ask what is the usual method of determining what the City really wants Mr. Aiassa: Normally, before the staff makes any public appearance before the State Division of Highways, they must have a firm directive from the Council as to what stand the Council wants to take with regard to alignment, etc.. So the policy will have to come from the City Council. REG. C.C. 2-26-68 Page Twelve CHAMBER OF COMMERCE PRESENTATION - Continued Councilman Snyder: My second question - is the alignment of this Freeway going to be a part of the official Council decision as a part of the General Plan or as a part of the Master Plan of Streets and. Highways? 'Mr. Menard: As the Council may recall the General Plan contract specifies that the consultants must submit their recommendation on a proposed alignment for the Huntington Beach Freeway. This is one of the specialized studies within the General Plan contract. This has been accomplished, when I was in San Francisco a week and a half ago, and these recommendations are about ready to be submitted. It would then be at the Planning Commission and City Council discretion- whether or not they do accept these recommendations and made it a part of the General Plan. It seems to me there is a great deal of latitude there. Councilman Snyder: This is the point I want to make. We also have a Master Plan of Streets and Highways - do we not? Mr.. Aiassa: For major and secs✓n.dary highways, .yes. Councilman Snyder: The point I want to make is if the General Plan involves hearings before its acceptance - it may not be accepted - and the new Council may not even accept the General • Plan. There is nothing mandatory that they accept the General Plan, therefore I would like to make sure that the City has an official.0lan:..onAhe..Huntington Beach_Freewa,-y.. I would like to see a change of tactics. It should be included as part of the General Plan but I would like to see it added to the Master Plan of Streets and Highways, if possible. Mr. Aiassa: The City Council can take a firm recommendaticn. You do have a Blue Ribbon Committee report plus the recommendation from the Planning consultant and if the Council wants to take a stand as to the alignment they can, but it has to be a policy matter. Councilman Snyder: Well - no..... I am saying for us to make solicitations to the other cities tonight regarding this alignment or for us to adopt a resolution regarding this alignment would be premature since our General Plan study is not completely in and we have not had public hearings. Mayor Krieger: This is the item that is under discussion right now by the CtDuncil. The status for the record is the Citizens Blue Ribbon Committee report has beenreferred to the Planning Commission and in process as Mr. Menard says Psis the recommendation by the consultants having to do with their recommendation on this matter. This is a follow-up report by the Chamber of Commerce now on this same subject matter in greater detail, nomenclature aside, it is consistent with the reports as to band that has been previously submitted to the Council by the Citizens Committee and if the Council were to take similar action with what we did on the Citizens report we would refer it to the Planning Commission. Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that Council refer the report from the Chamber of Commerce to the Planning Commission. Mayor Krieger: Thank you Mr. Wax and Mr. Tambe for the report on both of these items. We are particular encouraged at - 12 - REG. C.C. 2-26-68 1Page Thirteen CHAMBER OF COMMERCE PRESENTATION - Continued this moment by that position on the east corridor. Is there anyone else wishing to address the Council under Oral Communications? Mr. Aiassa: Mr. Mayor - there is a gentleman here that is a little late and he wanted to communicate with the Council on Item 3 of the Agenda. Mayor Krieger: Item 3 Street Vacation of a certain portion of Barranca Street, protest hearing - Mr. Wakefield what would be the procedure ? Mr. Wakefield: Mr. Mayor and members of the Council, the Council has acted upon the item, the matter is completed so far as the Council is concerned. The only thing you can do at this time is reconsider your action if you desire at the same meeting and reopen the matter. This has a disadvantage that others that might have been interest- ed have left. . So I would xeaAly think at this point and time, there is nothing the Council can do affirmatively in reference to the matter. Mayor Krieger: Inasmuch as we are under Oral Communications, if you so wish you might give your name and make a statement sir, and then if the Council wishes to take any further action, we can do so. .A. L. Renick, representing June Catherine Place (Explained why he was late.) Mrs. Place is unfortunately in the hospital and will be discharged on March 5th. Now she has communicated with me and advised me she has several objections to this particular vacation of the portiori' of Barranca Street. I think she has on prior occasions successfully protested this particular matter. She has advised me that she has documentation to indicate her ownership to the middle of the street, further that she will suffer great detriment if this particular road is closed and it would appear to me that she ought to be given the opportunity to be heard at this particular hearing, and it would be greatly appreciated if you could have a hearing on this matter at a time when she could be present, and I therefore respectively request that you do reconsider this matter to give her an opportunity to be heard, and ask for a continuance of this matter; I believe this has been continued once. I would. greatly appreciate if you could give her the opportunity to be heard in about a month from now. I don't think it would be too much of a hardship because I think only one other individual is involved, a Mr. Elliot, and he too was in the hospital , so I was advised today. It would be appreciated if you could give this reconsideration and have a hearing in a month. I believe she has been the owner of this property for over 20 years in this City and I think she is entitled to that little from this Council. Mayor Krieger: Thank you, Mr, Renick. I want the record to be perfectly clear in one respect. This matter was heard by the Council as a hearing item this evening. We have not overtly or covertly attempted to deny anyone their rights to a public hearing on this matter. If there has been some confusion in the matter it is certainly not the fault of the City Council : ,or the procedures we followed this evening.. Now if the. Council wishes to take up the merits of the matter brought to its attention by Mr. Renick, that is a separate question. Councilman Gleckman: Mr.. Mayor we did not have during the hearing anybody here that spoke in favor or against the Vacating of this particular property, therefore this Council - in some manner of speaking, was denied the knowledge that a situation like this existed without - 13 - REG.. C.C. 2-26-68 Page Fourt een • is • ORAL COMMUNICATIONS - Continued the prior knowledge that in the past it had existed. I would have no objection if it is possible Mr. City Attorney, of rescinding our previous action and setting a new hearing for 30 days from now or at our last meeting in March. Mayor Krieger: Mr. Wakefield - can you enlighten the Council on the procedure I presume the motion would have to be a motion of reconsideration. Mr. Wakefield: That's right Mr. Mayor. First you would have to vote to reconsider the item and then having voted to re- consider you would take up the question as to whether or not your action adopting the Resolution should be rescinded and have the hearing continued until next month. Councilman. Nichols: Mr. Fast - on this vacation, the northerly leg of the triangle left as an easement, was that done to provide frontage for the property owner that this gentleman represents ? Mr. Fast: That was done to provide additional frontage - the staff felt it was not quite sufficient. Councilman. Nichols: If this property were not vacated would any additional frontage be accrued to the property owner to the north? Mr. Fast: No - not in our opinion. Councilman. Nichols: Then this action on the part of the City Council as far as the vacation of right of way is concerned irrespective of any legal question between owners, this vacation of right of way does not reduce any material property rights in terms of access to public streets that the property owner has, in your judgment? Mr. Fast: Not in my opinion. Councilman Nichols: Thank you. In light of that and the fact that this was a posted hearing, I would tend to oppose the holding of this matter over further. I believe the property owner, whether she is in the hospital or not, had ample notice of this hearing and could have in the normal and traditional channels requested a continuance, and I think it is an imposition upon this Council)and in all due respect to the Counsel; for the property owner) to appear before us on the hearing night and request a continuance. I believe the evidence is pretty clear and I believe I know what is accomplished and I would not vote in favor of reconsideration. Mayor Krieger: Mr. Fast, has this matter been previously set for hear- ing? I have no recollection.... . Mr. Fast: No. Mayor Krieger: This is the first time it has been set for public hearing? Mr. Fast: That's correct. The City has been petitioned before for the ,vacating of this but it has never gone to a hearing status. Mayor Krieger: Now as far as the staff is concerned - a technical question having to do with timing - - is it of the essence - 14 - REG. C.C. 2-26-68 Page Fifteen ORAL COMMUNICATIONS - Continued as far as theaCity is concerned? Mr.. Fast: Not from the City 's standpoint. • Councilman Gillum: Mr. Mayor - I was in attendance at the Planning Commission meeting when this was heard and I believe the woman owning the property was at that time in the hospital and unable to attend the hearing. Mr. Elliot was there and at that time there was some discussion on a trade of land in order to give the property owner to the north a better access and the owners of the property to the north were not able to agree on how to go about this. Mr. Elliot figured it would be of advantage to both of them. I agree with Mr.. Nichols. I was at the Planning Commission and I heard both sides and I don't see anything different presented tonight than presented at the Planning Commission meeting. She was in the hospital at that time and unable to attend. Mayor Krieger: Mr. Gillum - you say Mrs. Place was not present - was there anyone there representing her? Councilman Gillum: Yes, counsel represented. her. Mayor Krieger: Mr. Renick were you present at the Planning Commission meeting ? • Mr. Renick: No. Mayor Krieger: Do you know of anyone that was representing her at that meeting? Mr. Renick- I do not. Councilman. Gleckman: My only comment again Mr. Mayor, is that it may be a great imposition on this Council, as Councilman Nichols refers to it, but I think ..... Councilman. Nichols: Not a great imposition, just an imposition. Councilman Gleckman: I would be willing to go along with the imposition with some thinking that she has been living here for 20 years and if we can satisfy a taxpayer and citizen of this community by imposing on this Council - well my primary concern is that we satisfy a property owner's request. I don't think it would be that great of an imposition to this Council. Mayor Krieger: Further council discussion on this matter? • Councilman Nichols: Yes. I think the citizens of this community have every appropriate right to exercise their .prerogatives under law and come before this Council and reques.ts'hear�ings or petition, etc. , but I take personal offense to the allusion to my statement that when a citizen does not follow normal procedures and therefore requests another 20 or 30 minutes of this Council's time - that I am somehow being unfair to that citizen by not offering them an extra half hour before this Council, and that the Councilmen that`-a're.'.not':willing to do so are not serving their constituents as effectively. Now we have followed every legal procedure in this matter. We have set the hearing - both before the Planning Commission and the Council and everyone - 15 - REG. ' C.C. 2-26-68 Page Sixteen • • U ORAL COMMUNICATIONS - Continued involved has been legally notified. Now if everytime someone comes in to this Council after the fact and requests that we do it over again and we follow that supposition the City's business and the publics' business will take about three times as long and we will serve no one's interests. So I want to reiterate my position in this matter and state that I don't think it is because I am callous to the matters of our citizenry. Mayor Krieger: Before we digress into the fields that are not relevant to this issue, the issue is whether or not there is any desire to propose a motion for reconsideration. Motion by Councilman Gleckman, seconded by Mayor Krieger, that Council reconsider the matter as stated here previously. Mayor Krieger: I have not participated in the discussion up to this point.. I would merely like to say there has been no public testimony on this matter before the City Council either in favor of or opposed to.. I have not had the benefit of anything except the staff report and the action of the Planning Commission on it. If it is a factual question that is being raised by this matter I would like to have the benefit of the testimony on it. I did not understand this being the case when we first considered it. Councilman.Gleckman: That was my feeling - Mr. Mayor. Motion carried on roll call vote as follows: AYES: Councilmen Gleckman, Snyder, Mayor Krieger NOES: Councilmen Gillum, Nichols ABSENT: None Mayor Krieger: The motion for reconsideration is adopted. I believe it would be appropriate at this time to fix a date and time certain so there will be no question when it will appear before this Council. Mrs. Preston - the regular meeting of the 25th of March, will that give you sufficient time. Lela Preston: Yes. Mayor Krieger: A motion would be in order as to continuing this matter of the street vacation public hearing on.Barranca Street to March 25, 1968 at the hour of 8 p.m. So moved by Councilman Gleckman, seconded by Councilman Snyder. Councilman. Snyder: May I ask what the cost of republishing and reposting is? Mayor Krieger: $ 3 0.2 3 . (Reaffirmed by Mrs. Preston.) Councilman Snyder: Well since it is not the City's fault that this matter was not presented to us at this meeting is there anyway that the person requesting it..... . Mayor Krieger:: Mr. Wakefield is there any manner of reimbursement to the City? - 16 - REG, C.C. 2-26-68 Page Seventeen • 11 0 ORAL. COMMUNICATIONS - Continued to the City? Mr. Wakefield: There is no legal way the City can require a reimburse- ment. Mayor Krieger: Dr. Snyder - if you wish to express a desire in that direction which the proponents or opponents might take into consideration..... . Councilman. Snyder: Well if there is no legal way of requiring it. Mayor Krieger: It has been moved and seconded to continue this matter for a public hearing to March 25, 1968. Motion carried on roll call vote as follows: AYES: Councilmen Gleckman, Snyder, Mayor Krieger NOES. Councilmen Gillum,. Nichols ABSENT: None MAYOR KRIEGER. CALLED A RECESS AT 8: 55 p. m. COUNCIL RECONVENED AT 9: 10 P.M. CITY ATTORNEY ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 9219.12 of the MUNICIPAL CODE PERMITTING OUTDOOR.SALE OF FIREWOOD IN C-3 ZONE (Amendment No. 86)" Motion by Councilman. Gleckman, seconded by Councilman Gillum, and carried, that Council waive reading of the body of the Ordinance. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council introduce said Ordinance. ORDINANCE NO. 1028 The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA RELATING TO TRUCK ROUTES. " Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council waive reading of the body of the Ordinance. Motion by Councilman Gleckman, seconded by Councilman Gillum, that City Council adopt said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen. Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None ORDINANCE NO. 1029 The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RELATING TO ZONING AND PRESCRIBING THE PROCEDURE FOR AND THE - 17 - REG. C.C. 2-26-68 Page Eighteen ORDINANCE NO. 1029 - Continued ADOPTED 'CONDITIONS UPON THE ISSUANCE OF UNCLASSIFIED USE PERMITS. " 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, that the City Council adopt said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None WARNING CITATIONS CITY ATTORNEY' S REPORT Mr. Wakefield: I have a written report for the Council in connection with this matter. I am sorry it did not get into your hands in time to be circulated. I don't know that you will want to take time to read what I have written, but basically it is my conclusion that the practice which is currently being followed by the California Highway Patrol : and the City of Covina really finds no specific authority- in law, that the procedure is based upon an instruction in one, case from -Chief of the, Cal for-nia-'Highwa:y Patrol_�to': the , patrol. In the case of the City of Covina it is based also on instruction from the Chief of Police to the officers in the Police Department. The net result, as I see it, that we have a practice which is directly contrary to the present provisions in the Vehicle Code, Section 24002 which makes it unlawful to operate any vehicle which is not equipped as required by the law and section 40150 provides a specific procedure which must be followed in those cases where a citation is issued or a complaint is filed for an equipment violation. It provides that a citation may be cited against the person and he may be required to produce in court evidence that the equipment violation has been corrected. Actually and I am sure it is no news to the City Council that the Council's :police power stems from Section 11 .of.Article:.11 of the Constitution and the basic limitations on that power is that what you do may -not be in conflict with general law. In this case it seems to me for the Council by ordinance or resolution to establish this as a procedure would be to fly in the face of the express requirements of the law. Now it is justified in the case of the Highway Patrol and Covina on the basis that every Police Officer has a certain discretion in determining whether or not an actual violation of the law has occurred and whether the citation is issued.' It seems t.o.me it is one thing to recognize that such discretion remains in the officer himself and another thing for the Council or the Chief of Police for that matter to take specific action to establish a policy that in certain cases of citations they will not be issued although a violation may have occurred. My recommendation would be that if you desire to implement such a policy that we follow through at the staff level with , Assemblyman Schabarum and who ever else may be interested and let's see if we can get the law changed. So if from a policy standpoint the objective is to see that equipment violations be corrected and not necessarily be fined or punished for a violation that they may not know exists then let's get the law changed so it can be a uniform procedure and all our people may be treated alike. Councilman. Snyder: Could this Council change its directive in merely making a policy statement that we would like to see the staff and the Police Chief use a discretionary warning ticket for mechanical violations ? I have no personal ax to grind on this REG. C.C. 2-26-68 Page Nineteen WARNING CITATIONS - Continued except obviously we are using a great deal of the Judges time and the courts time to have people come into court for proof that they had a tail light fixed and this sort of thing does .go on. If according to your statement the Police Chief can with the staff decide to use such discretion can he in fact use the type of return card tickets that the Highway Patrol uses ? Mr. Wakefield: I think the same basic problem exists whether the Chief of Police does it by way of instruction to his officers 'or if the Council adopts a policy or resolution in effect suggesting to the Chief that they think as a matter of policy something should be done. As I see it, it boils down basically to this - what we do in that kind of a situation is pick out certain laws and say we don't think these laws should be enforced but these should. So we are doing what we criticize others of doing, we attempt to pick out those laws we disagree with and attempt to change the law and obey those we do approve of and this then gets in the area of selective law enforcement. Councilman. Sn yder: This may have nothing to do with this but in sitting here on this Council I cannot think of any one policy decision we can make regarding our police force. They are really not enforcing any ordinances that I can think of that we have made, they are enforcing all State pre-empted laws with the exception of dancing permits, and such. isMr. Wakefield: The police officer obligation is two -fold. He has the obligation of enforcing the State laws and also those ordinances of the City that are penal in nature. There are in your Municipal Code dozens of sections which prescribe a penalty for the violation of those sections. Those ordinances are the obligation of the Police Department to enforce as..well as:the- State Lava Now you get down ultimately to the question sometimes as to whether or not your City Council has the authority to adopt a particular kind of ordinance and you come up against the problem of pre-emption and the problem of the scope of the City's police power. The two may be different in certain circumstances but in this particular situation it seems to me we are faced with a situation where the State law has prescribed a penalty for a particular kind of violation and the City as a City does not have the authority under the Constitution to change that State law or direct that it not be enforced or that some lesser procedure be adopted. Councilman Snyder: I am only concerned that the local voters in our representation of them - - well actually we have little policy making power over our Police Department..... . Mayor Krieger: Dr. Snyder this may be valid philosophically but right now we are discussing a specific question and I would like to direct the Council's_attention to the particular subject of the policy on warning citations. Councilman Gleckman: I didn't understand your interpretation of why the SHighway Patrol can use this system? Mr. Wakefield: They do it as a extra legal procedure. They recognize there is no statutory authority for what they are doing. They simply have done it on an administrative instruction basis and they are frank to admit that they use the citation and they think it serves a purpose, the purpose is to secure the correction of equipment defects, not necessarily to punish an individual for driving without a tail light that he doesn't know about. - 19 - REG. C. C. 2-26-68 Page Twenty • • WARNING CITATIONS - Continued Councilman Gleckman: Maybe I didn't direct the question properly - - why is it alright for the California Highway Patrol, who also must uphold'. whatever is in the vehicle code the same as our officers, why is it permissable for them as an entity, if they were not a municipality called the Highway Patrol, why is it in name only they can do this yet you are saying to us that we as a City Police Department must uphold the State Vehicle Code? They too would be pre-empted.by the same laws and regulations that all law enforcement come under. Law enforcement is law enforcement. Mr. Wakefield: I agree with you Mr. Gleckman, and in my opinion the Highway Patrol has no more authority to do what it is doing than your Police Department would have. Councilman Gleckman: Fine. Now I understand. Councilman Snyder: May I go back to the first paragraph, second page again? The normal governmental pyramid - what relation do we bear to the Police of Chief in determining discretion in enforcing the laws? In fact isn't the City Council not only administrative and legislative power but also having the policing -power? . Doesn't it come back to us instead of the Police Chief ? Mayor Krieger: Mr. Wakefield, would you restrict your response to Warning Citations, please. Councilman Snyder: That is what I am...... . Mayor Krieger: It wasn't in the question, so I am reading it in the question. We are talking about warning citations. Mr. Wakefield: The responsibility for the enforcement of the State laws reside in the Chief of Police and his deputies, that responsibility is not vested in the City Council. The Council has a right to decide on how many police officers you pay for, what type of equipment, what. the Police Department budget shall be, but Council as a Council has no power to tell the Chief of Police that he shall enforce the laws or not enforce the laws in a particular way. Councilman Nichols: Section 40150 - is this the enabling section which provides for the issuance of citations relative to equipment, etc. , or are there other applicable sections? Mr. Wakefield: There are. I quoted this because it describes the statutory procedure underwhich the person may be required to produce in court evidence that he has repaired the defective equipment. Councilman Nichols: The question I would ask you then is relative to the wording of this section where it states they " rray require, etc. " It is my understanding that the use of terminology such as "may" is permissive in nature and not necessarily restrictive. Now if that is, the case then this would seem to imply to me that the jurisdiction need not use a procedure that would per se haul the person into court. Is that correct? Mr. Wakefield: No, the section starts out with the language that wherever any vehicle is not equipped as required and a notice to appear is issued or a complaint filed, the notice to appear or the complaint itself may require the operator of the vehicle to - 20 - REG. C.C. 2-26-68 Page Twenty-one WARNING CITATIONS - Continued produce in Court evidence that the equipment has been repaired but at that point it leaves the discretion up to the authorities that prescribed the form of citiation or notice to appear whether or not the individual will be required to produce in court evidence at the time. • Councilman Nichols: This would have nothing to do then whether or not the person would be required to appear personally? Mr. Wakefield: No he has to get the citiation first before this section comes into effect. This is in addition to whatever other penalty. This is an interesting phase of the problem and the Highway Patrol people imply but do not say so really that this section 40150 recognizes the discretion on the part of the law enforcement officer to decide whether or not a citation or a complaint is to be issued and that is true but that is the kind of discretion he has and he exercises a dozen times a day. Councilman Nichols: On the spot? Mr. Wakefield: Yes, on the spot. Councilman Gillum: From what Mr. Wakefield has outlined here I can under- stand what Dr. Snyder is trying to get to, but I would not want to leave that decision up to the individual officer at the ti me the offense happened if it were possible under the law to let him determine whether he should or should not issue a warning citation because I think we are • opening ourselves for tremendous criticism the first time he issues a citation instead of a warning citation and I don't believe we should put our police department in that position to make a decision on the spot. I would go along with what Mr. Wakefield says here that as he interprets the law we do not have the ability to issue warning citations. Councilman Snyder: I am a little discouraged to think that we can't expect our Police Department to determine discretionary matters such as this which is really for the public convenience and as I stated before the intent of the Motor Vehicle Code is public safety and not penal in nature.. However, because of this I would ask to rescind the motion that we made earlier directing the staff to prepare such warning citations. Seconded by Councilman Gleckman. Mayor Krieger: It has been moved and seconded to rescind the prior policy of the Council authorizing the issuance of warning citations for motor vehicle equipment violations. Is there further discussion? Roll call vote please Madam City Clerk? Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger • NOES: None ABSENT: None Motion by Councilman Snyder, seconded by Councilman Gleckman, that Council communicate with Assemblyman. Schabarum in support of his legislation for making `it-, permissive for warning citations to the following reasons: 1 - The Court's time is, taken up with minor violations. This would remove this burden from the Municipal Court. Secondly - The intent of the Vehicle Code is to enforce public safety and is not penal by nature; and therefore where the Police can be helpful to a motorist if his, tail light is out by allowing' hiim to send in a card, this; would. promote. understanding, Motion .seconded by Councilman G-leckman. - 21 - REG. C.C. 2-26-68 Page Twenty-two WARNING CITATIONS - Continued Mayor Krieger-. It has been moved and seconded that communication be sent to Assemblyman Schabarum indicating the Council's concurrence in the proposed legislation to • authorize the issuance of warning citations for equipment violations based upon a conservation of the cour.t's time and to implement the spirit of the Vehicle Code. Councilman Snyder: May I amend to make this permissive for City Councils to direct ? Mayor Krieger, This is what Assemblyman Schabarum has indicated he is interested in proposing. Motion carried on roll call vote as follows: AYES. Councilmen Gillum, NOES-. None ABSENT: None CITY MANAGER ACTION ITEMS Nichols, Gleckman, Snyder, Mayor Krieger AUDITORIUM STUDY UPDATING - PHASE I Motion by Councilman Gleckman, seconded by Councilman. Snyder, .that the Council make an appropriation not to exceed $1500. from the unappropriated fund balance of the General Fund and authorize the City Manager to sign a letter contract with the Stanford Research Institute for the updating of Phase I feasibility study on the Auditorium. Motion carried by roll call vote as follows-. AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES, None ABSENT, None RENEWAL OF FRANCHISE - AZUSA VALLEY WATER. COMPANY Mayor Krieger, I didn't see a written report on this Mr. Aiassa - what is this about? Mr. Aiassa, The City Attorney will probably have some oral communi- cation on this matter. There is a proposed draft which we received late Friday afternoon, too late for your mail - if you would want to carry this over until the meeting of the 4th, it would be satisfactory. Mr. Wakefield, The application of the Azusa Valley Water Company for a new franchise was filed with the City on Friday of last • week. The existing franchise of the Water Company expired in the early part Qf this month. The procedure for the issuance of a new franchise requires the ° ° of a resolution by the City Council and the setting of giving notice of intention to grant the franchise, setting a date for the public hearing when anyone that desires to protest the franchise may appear and at the conclusion of that hearing the Council may instruct its preparation of the franchise ordinance . and.it would be enacted like any other ordinance.. I have had some discussion with the City Manager with reference to the terms of the franchise and that discussion I think is reflected in the form of the application which has now been filed. The franchise would - 22 - REG. C.C. 2-26-68 Page Twenty-three • • n U RENEWAL OF FRANCHISE - Azusa Valley Water Company - Continued be for a period of 20 years and restricted to what is now the present service area of the Azusa Valley Water Company and would provide if that service area is enlarged by annexation to the city then the next area would be recompensed within the scope of the franchise so they would not have to come back to the Council for a supplemental franchise in connection with each and every future annexation to the City. If the application is acceptable to the City Council in the form in which it has been filed I do have a resolution prepared which will set a time and place for the public hearing. Mayor Krieger: Does the staff have anything additional to add, Mr.Aiassa? Mr. Aiassa: No. . It is ready for council tonight. Mayor Krieger: Does the Council have any objection to going ahead with the reading of the heading of the Resolution? (No objections.) RESOLUTION NO. 3753 The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA DECLARING ITS INTENTION TO GRANT THE WATER FRANCHISE APPLIED FOR BY AZUSA VALLEY WATER COMPANY UNDER DIVISION 3 CHAPTER 2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA KNOWN AS THE FRANCHISE ACT OF 1937. " 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: For my own information, what would happen if the Council refused to renew a franchise for this type of operation? Mr. Wakefield: Nothing really, except the Utility would have to come in and get a special permit like anyone else each time it desired to relocate. The adoption of a franchise in effect grants them the authority to use the city streets and pay 2% of the gross receipts received from that portion of the application. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None LETTER OF NOTIFICATION RE. SIGN ORDINANCE. ABATEMENT Mayor Krieger: Mr. Aiassa - is there anything to add to the report of February 23 ? Mr. Aiassa: No, Mr. Mayor. Mayor Krieger: The staff report is self-explanatory - a motion would be in order unless there are questions? - 23 - REG. C.C. 2-26-68 Page Twenty-four • • LETTER OF NOTIFICATION RE. SIGN ORDINANCE ABATEMENT - Continued Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the Mayor be authorized to forward a letter to all concerned businesses within the City of West Covina informing them of the March 28, 1968 abatement deadline and requesting their cooperation in complying with the Sign Ordinance. Councilman Nichols- I would hope, Mr. Mayor, that the letter would include any previous extensions of the abatement deadline in the body of the letter. Mayor Krieger- Any objections to the motion? So ordered. TRAFFIC COMMITTEE MINUTES OF 2/23/68 Councilman Gleckman- I have a question of staff - when are they planning to relocate Item #7 if accepted by Council? Mr. Fast- We are planning to start implementing at 8-30 a.m. in the morning. Councilman Gleckman- Fine. The other comment I have is with reference to Item 10. Can you give us a better description of that? (Mr.. Fast explained verbally and also with the use of a diagram on the blackboard.) Councilman. Snyder- Regarding the midblock crosswalk, is there a way of having a sign put up allowing a temporary crosswalk during school hours only, with the understanding there would be no crosswalk there outside of 40hool hours? Or would that be too much of a problem ? Mr. Fast: Actually to remove the crosswalk to Workman - there would be no necessity for it then at that spot because we have a control signal at that spot. So from that standpoint there would be no necessity to stay at that spot. Also I believe the Vehicle Code requires that we have a crosswalk painted yellow for a school crossing. So we could not have just the light and no crosswalk. Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that Council receive and file the Traffic Committee minutes of February 23, 1968. EMPLOYEE REQUEST FOR LEAVE OF ABSENCE WITHOUT PAY Motion by Councilman Gleckman, seconded by Councilman. Gillum, and carried, that the request of Dolores Dowdle for a two and a half month leave of absence without pay be approved. WILLIAMS, COOKE & MOCINE. STATEMENT FOR JANUARY, 1968 Motion by Councilman. Snyder, seconded by Councilman Gleckman, that the January 1968 statement from Williams, Cooke & Mocine in the amount of $3, 745. 00 be approved for payment. Motion carried on roll call vote as follows. AYES- Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES. None ABSENT- None - 24 - REG. C.C. 2-26-68 Page Twenty-five • E LETTER FROM EMPLOYEES' ASSOCIATION Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that City Council refer this letter to the Personnel Board. INFORMATION ITEMS - CITY MANAGER NOTICE OF REIMBURSEMENT OF FUNDS RE. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Motion by Councilman Gleckman, seconded by Councilman. Snyder, and carried, that City Council receive and file. CIVIC CENTER DEDICATION PLAQUES Mr. Aiassa: We submitted to you a couple of rough drafts, maybe Council would like some discussion regarding the drafts. The recommendations are pretty well set forth. Also, submitted is some , suggested lettering for the plaques. Mayor Krieger: The first item - the 3 plaque concept. Any discussion on that? If not, a motion would be in order. Motion by Councilman. Snyder, seconded by Councilman Nichols, and carried, that Council approve the 3 plaque concept. Mayor Krieger: The second item is the layout plaque for the Public Authority - the recommendation is that it be forwarded for their consideration. Motion by Councilman Nichols, seconded by Councilman. Snyder, and carried, that this item be forwarded to the Public Authority for consideration. Mayor Krieger: Item 3 has to do with the layout of the City plaque. Discussion on this matter? Councilman. Snyder: In discussing, it is obvious in the drawing of the plaque we are attempting to protect the egos of two different sets of Councilmen. This could be apparent to those people in the future that will view it. I think it should be restricted to those that dedicate it or to those that developed it. I don't see any purpose in covering the whole field by getting this years' Council and next years' Council on it. Councilman Gillum: Well my whole idea in bringing this up was that there will be a :Council here when we finally move in and maybe some of that Council will have played a small part in the overall program of the Civic Center, but my feeling was that this present Council had the privilege and the opportunity to take the final action to start the construction of the Civic Center and. I essentially agree with Councilman. Snyder that if we have this Council and the next Council and a few other people on the plaque it would be a mile long, but my concern was to give credit where credit was due and I think it was this Council that should get the credit for taking the step and going forward with the Joint Powers Agreement and I think the present Council as it exists at the present time should be recognized on a plaque and not someone that happened to be here when they moved in. Councilman. Gleckman: Although, Mr. Gillum, I concur with some of the things that you say, the actions of this Council will in no way prevent the future Council in taking -25- REG. C.C. 2-26-68 Page Twenty-six CIVIC CENTER DEDICATION PLAQUES - Continued any action they see fit and if they see fit not to put the project development plaque that we are talking about right now not on the building and eliminate it altogether I think that will be their prerogative. So I think the idea the staff had was essentially that all. 'parties be:.satis'fied and we don't have to worry about whose name goes where. • Councilman Snyder: Without being facetious - you have Project Developed By and Project Dedicated by - and there are three councilmen on all of them except Mr.. Krieger and myself who may not be on both roles and in 20 years from now people may feel that Mr. Krieger and I lost the election. Mayor Krieger: My comment would be I notice on the Public Authority plaque you have the architect for the Civic. Center master plan as Neptune & Thomas, and I don't believe they properly belong on the City plaque irregardless of what is on the plaque, and I don't think the architectural consultant Mr. Sata, who is also on the Joint Authority Plaque belongs on the Civic Center plaque. However, I think we have two other elected officers in this City who are not given any recognition on this plaque and I have reference to the City Clerk and the City Treasurer, and I am getting a little bored with this discussion about we can't bind future Councils and we can't do this for this Council. It doesn't make a particle of difference as long as we do something consistent. As far as I am concerned and I am not modest - I would like to see my name on the plaque because I was on the Council when we entered into this Agreement - - I was willing to take the responsibility and I would like to take some of the credit. That is just the way it boils down plain and simple. As.,fa.r as for what the.,next Zou:ncil!,wants-to do or the Council• 20-years front now - if they want to remove the plaque from the building or whatever they want to do • that is up to them. We are discussing our responsibilities right now and as far as I am concerned our responsibility is to determine what goes on the plaque and if future Councils want to do anything about that plaque that is up to them. Councilman Snyder: I would like to see the City Clerk and City Treasurer added and again see it restricted to "Project Developed By" and eliminate the architect and architectural consultant. That is a motion. Seconded by Councilman Gillum. Mayor Krieger: It has been moved and seconded that the City plaque bear in the lefthand corner - "Project.Developed By" and delete the architect and architectural consultant, and add the name of the City Clerk and the City Treasurer, and also delete - "Project Dedicated By" . Is there any further disuussion? Councilman Nichols: The only question I would have - - I am not familiar with the layout - are all these plaques we are talking about going on the Civic Center? (Mr. Fast explained the location of the three plaques.) Mayor Krieger: As far as the City Clerk is concerned - - Dr. Snyder, .... . Mrs. Preston is now City Clerk. Mr. Flotten was the City Clerk - who did you intend by your motion? Councilman Snyder: Without any prejudice to Mrs. Preston, I think the City Clerk should be Mr. Flotten, since he was the City Clerk at the time the project was started. Councilman Nichols: The only other comment would be that I would be quite certain that the future Council would want to add some sort of a plaque and I am quite sure the current officers of the City - 26 - REG. C.C. 2-26-68 Page Twenty-seven CIVIC CENTER DEDICATION PLAQUES - Continued would be listed thereon. Councilman Gleckman: I would go along with that 10 Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT-. None Mayor Krieger: Item 4 on that report, having to do with a City flag. What is the Councils thinking on the matter of establishing a flag for city use? Councilman Nichols: I would like to find out - if information is available or wait until it is available - as to how many cities in California have city flags. I would hate to pioneer in that area, as far as I am concerned. Mr. Aiassa: There are several cities that have flags. Councilman Nichols: I don't personally feel in need of a City flag. Mr. Aiassa: There is one element we failed to put in the report and I think • it should be noted. Our Sister City —Toluca, has presented us with a rather elaborate and attractive flag. I don't know whether the Council intends to fly the Sister City flag as oine of three or just use %t=for special occasions.. Normally that is what the third flag pole would be used for - special ceremonies. Mayor Krieger: The only thought I had on this - if we were going to really consider a City flag - is to open it up to the public. If the Council is interested in considering a City flag - probably Council should refer it to the Chamber of Commerce or some group, for a city-wide contest, etc. Councilman Gleckman: What is the time element regarding this? Mayor Krieger: About a year. Councilman. Gleckman: I mean - how soon is a decision necessary whether we have three flag poles or not. Mayor Krieger: Isn't the schematic; already -set up for three flag poles? Mr. Fast: Yes. Councilman Gleckman: Well if we are going to have three poles then I don't think it • is necessary at this particular time to take this subject up, unless the rest of the Council feels it is that important., Mayor...Krieger: Any desire to take any action at this time? Alright this item will go without action. - 27 - REG. C.C. 2-26-68 Page Twenty-eight CITY CLERK REQUEST OF UNITED CEREBRAL PALSY TO CONDUCT ANNUAL FUND SOLICITATION DURING MAY, 1968. tMayor Krieger: This has been granted previously.. If there are no objections, may we have a motion? Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that Council grant permission to United Cerebral Palsy to conduct annual fund solicitation during May, 1968. REQUEST OF YOUTH OF L. D. S. CHURCH, WEST COVINA WARD, TO SELL CANDY AS A FUND RAISING PROTECT Mayor Krieger: Mrs. Preston - has this been granted before? Mrs. Preston: No it has never come up before. Councilman Gleckman: Do we have any other organizations in the City that this consideration is given to? (Mrs. Preson, City Clerk, named organizations that had received such consideration.) Motion by Councilman Gleckman, seconded by Councilman. Snyder, that permission be granted to YOUTH OF L.D.S. CHURCH, jVest Covina Ward, to sell candy as a fund raising project. Councilman Nichols: The only comment I would have would be it states that they would like this permission for several weeks or a few months. And there is quite a difference.. A few months is rather a long time to be constantly selling candy and I would like to restrict the approval for the month of March only. Councilman. Gleckman accepted the restriction and Councilman: Snyder seconded it. There were no further objections. Motion carried. ABC APPLICATIONS EMIL W . NILY (THE POST HORN) 17 8 S . Glendora Avenue Off -sale Beer and Wine License Motion by Councilman. Gleckman, seconded by Councilman Snyder, that there be no letter of protest. Councilman. Snyder: I have a question. In the.past to my recollection the Police Chief has almost universally protested South Glendora Avenue for beer and wine license, and I am •' wondering why in this case it is not true? Conncilman. Nichols: This is a transfer. Councilman Snyder. Alright. Mayor Krieger: The recommendation is no protest - any objections? None. . So ordered. REG. C.C. 2-26-68 Page Twenty-nine CITY CLERK - ABC Applications - Continued KAM ENTERPRISES, 1436 Wa Puente Avenue ON -SALE BEER Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the Council authorize the staff to prepare a letter of protest for the Mayor's signature. CREST BAR, 1232 Francisquito Avenue_ Councilman Nichols. I am a little concerned regarding the recommendation here for a protest, at this time based on these facts, as I could ascertain them. The only conviction noted for other than routine traffic matters was, I believe, a conviction on some sort of a gambling charge some years ago and the other matter which would involve a.charge, I understand that no reply has been received to the City's inquiry. That is, the Court's findings on that charge are not known to us whether in fact the person has been convicted on that charge or not. For a final judgment to be formed while we are waiting for receipt of information being sought concerning the applicant is a little unfair to the applicant, I think. If at all possible relative to the schedule of the hearing matter itself, I would think it would be wise for the Council to wait until the Chief of Police is able to furnish us with the information requested and not yet received. Mayor Krieger. Do you want to move to hold it over? • Councilman Nichols. A question first of Mr. Aiassa . Can you respond to me - - when a matter of this sort would be scheduled for action in Sacramento? Mr. Aiassa. In answer to your question I think if we bring this up on the 4th of March we would have time Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that Council hold this matter over until the next Council meeting with a request to the City Manager to expedite the receipt of some relative information to the request noted in his memo to Council of -February 19, 1968 COMMITTEEE.FOR ADVANCEMENT OF SPECIAL EDUCATION FOR THE MENTALLY RETARDED - REQUEST TO SOLICIT FUNDS Councilman Nichols: Generally the organizations that come before our Council making a request for solicitation of funds within the City are organizations where some portion of their members or their services are rooted within the City itself.. The particular group here may in fact be a very fine organization and may be well known in the community, however,. I have no knowledge of this particular group and I have made some inquiries and have not been able to find others that have knowledge of it. It states .it is a nonprofit organization but again I have no knowledge of that and because it is not known to me I would inquire if it is known to other members of the Council as in fact a nonprofit organization that does have some basis for soliciting within the City, and if other Councilmen do not have that information, I think this item should be held over pending an inquiry concerning these matters. Mayor Krieger. Anyone here for the Committee for Advancement of Special Education for the Mentally Retarded? Apparently not. Councilman Nichols. If acceptable to the Council, I would move that the Council hold over until the next regular Council meeting and direct - 29 - REG. C.C. 2-26-68 Page Thirty r� • 0 CITY CLERK - Committee for Advancement of Special Education for Mentally Retarded - Cont'd. the City Clerk to obtain some additional information regarding the organization, its ser- vice and the basis for its operation in the City. Motion seconded by Councilman Gleckman, and carried. CITY TREASURER TREASURER'S REPORT FOR ]ANUARY, 1968 Motion by Councilman.. Snyder, seconded by Councilman., and carried, that City Treasurer's report for January, 1968 be received and filed. MAYOR'S REPORTS Mayor Krieger: We will now take up the item of the desirability of holding an adjourned City Council meeting next Monday night on the 4th of March. There is a memo from the City Manager on this. The appearance before the School Board on this item will be tomorrow night and I would assume if the Council wishes to move forward expeditiously it would be desirable to meet on the 4th. Councilman Nichols: I would agree with that. I think we should. Mayor Krieger.: Hearing no objections, then let's determine the matters that will be on the agenda next Monday night in addition to the Swimming Pool. (Determined that the following items would appear on the agenda: Crest Bar, Committee for Advancement of Special Education for Mentally Retarded, Swimming Pool, and the Union Oil Company. ) Mayor Krieger: Mr. Gillum and I were pleased to be present on the tour last Tuesdof the mini -bus facility in Pico Rivera with members of the ransportation Committee of the Chamber of Commerce and I found it very enlightening and encouraging and possibly some developments along this line will be in the offing which will be of great interest to the Council and the Chamber. In the meantime the Chamber has been requested to move forward with alacrity on this subject. Councilman Gillum. I was quite impressed with the work the Chamber has done with this Company and the enthusiasm that has been shown by the Chamber and these people in offering to come out and work with the City in anyway that the City -.might request of the Chamber of Commerce, to find out if it were feasible to get into the area of the mini -bus. I was quite impressed with the whole program. Councilman Snyder: I have a question - it may have been acted upon - but sometime ago the Council asked the Planning Commission to consider the section of La Sena Avenue south of Badillo. Did they ever act upon that? Mr. Fast: They have not.. There is a report out on that. That city street is now only a half a city street because the annexa- tion of the Baldwin Park High. School Field took in half of that street and we could forward that report for your consideration, if you desire. -30- REG. C.C. 2-26-68 Page Thirty-one COUNCIL COMMITTEE REPORTS - Continued Councilman Snyder: It is.impossible to act on it now - is that it? Mr.. Fast: We can only act on a half a street. . Councilman, Snyder: Okay. It is not necerDmry to forward it. Mr. Mayor, I may be gone all next week and my League meeting is on Thursday night. Mayor Krieger: I may be able to make it. Councilman Snyder: I am wondering if any progress has been made on the Business License for contractors on the fee basis? Mr. Aiassa: We are working on it. I am trying to get it for the end of March. Mayor Krieger: You are pulling it close. Dr. Snyder made a specific point about this and so did the Council when we were discussing Business Licenses. Councilman; Snyder: The point is this Council will be. more equipped to vote on it than the incoming council since they will have to review all the material and it would be helpful if it were ready and we could vote on it. Mr. Aiassa: We are developing a new axiom to something that has never been applied before. Mr. Wakefield is going to see if it can be done legally. Mayor Krieger: Today is February 26th, suppose we have it on the Council agenda on March llth. Mr. Aiassa: We will try. ------------- Councilman. Snyder: This Traffic Flow Committee - when is the first meeting set up for that? Mayor Krieger: Mr. Windsor was asked to contact you on that. -------------- Councilman +Gleckman. I attended the dinner Saturday night for Mrs. Hazenbush and she wished to convey her "thanks" to the Council for the Resolution presented to her and also her definite regretfulness for leaving the Community at this time due to measures beyond her control such as her husband getting a major promotion so she didn't have much choice. Also, the first meeting for the Recreation & Park Blue Ribbon Committee was held last Tuesday and we came up with two cochairmen and the next meeting will be March 7th o . We had about 20 people attend aside from staff. It was a good turnout. APPROVE DEMANDS Motion by Councilman Gleckman, seconded by Councilman Gillum, that Council approve Demands totalling $236, 232 , 78 as listed on Demand sheets B366 through B368, and pay- roll reimbursement sheet. Motion carried onroll call as follows: AYES: Councilmen Gillum,. Nichols, Gleckman, Snyder, Mayor Krieger TOES: None AB ENT: None - 31 - REG. C.C. 2-26-68 Page Thirty-two "Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that City Council adjourn to March 4, 1968, at 7.30 p.m. Meeting adjourned at 10010 p.m. ATTEST: i • City Clerk APPROVED Mayor - 32 -