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09-23-1968 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA,. CALIFORNIA SEPTEMBER 23, 1968. •--------------- The regular meeting of the City Council was called to order by Mayor Leonard Gleckman at 7:30 p.m., in the Council Chambers at VVest Covina City Hall. The Pledge of Allegiance was led by Councilman Gillum. The invocation -was given by the Reverend Konrad Koosman of Christ Lutheran Church. ROLL CALL Present: Mayor Gleckman, Councilmen Nichols., Gillum,:,, Lloyd Absent: Councilman Chappell Also Present: George Aiassa, City Manager H. R. Fast, Public Services Director George _/Vakefield, City Attorney Lela Preston, City Clerk Owen Menard, Planning Director George Zimmerman, Ass't. City Engineer Ray Windsor, Administrative Assistant APPROVAL OF MINUTES • June 18, 1968 - Approved as submitted. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that the minutes of the joint meeting of the City Council and Personnel Board, dated June 18, _1968 be approved as submitted. September 10, 1968 - Approved as submitted. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that the minutes of the Joint Adjourned meeting of the City Council and the Planning Commission dated September 10, 1968, be approved as submitted; and that the minutes of the regular meeting of the City Council dated September 10, 1968, be approved as submitted. (MAYOR GLECKMAN STATED THAT ITEM I OF MAYOR'S REPORTS AGENDA WOULD BE HANDLED AT THIS TIME.) PRESENTATIONS: GIRL'S SOFTBALL TEAM VISIT TO MEXICALI Coach Dan McElrath gave a brief report on the Softball Team visit to Mexicali; advised and team won and were very well received. A plaque was presented to the City of Mexicali and was well accepted; the President of the Municipality of Mexicali and also President of the Lion's Club in Mexico, sent in thanks a pennant for the fine gift of friendship extended by the Council of the City of West Covina and hoped for the continued use of the exchange of sports. Also the Mexican Olympic Committee presented to the Softball Team a diploma for participating in the sports in the Year of the Olympics in Mexico. Mayor Gleckman thanked Mr. McElrath and the team for a job well done. - 1 - REG. C.C. 9-23-68 Page Two MAYOR'S REPORTS - Agenda Continued AUDITORIUM BLUE RIBBON COMMITTEE REPORT The Auditorium Blue -Ribbon. Committee Report was presented to the Council by the Co -Chairman Howard Bowman. Mr. Bowman briefly summarized the written report. 'Mayor Gleckman thanked Mr. Bowman and the Committee, expressing the Council's appreciation of their work. CITY CLERK'S REPORTS PROJECTS SP-68007 and SP-69003 STREET IMPROVEMENTS 1911 ACT (Short Form) LOCATION. Glendora Avenue from the South City boundary northeasterly to East Service Avenue; and Service Avenue from Glendora Avenue westerly to St. Malo St. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that City Council accept and file the Engineer's report on Projects SP-68007 and. SP-69003 . Motion by Councilman. Gillum, seconded by Councilman Lloyd, and carried, that City Council approve plans and specifications on Projects SP-68007 and SP-69003, and authorize the City Engineer to advertise for bids. RESOLUTION NO. 3875 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF • ADOPTED THE CITY OF WEST COVINA, DIRECTING THE STREET :SUPERINTENDENT TO GIVE' NOTICE TO CONSTRUCT STREET IMPROVEMENTS AND APPURTENANT ITEMS PURSUANT TO SECTIONS 5870 ET SEQ. OF THE STREETS AND HIGH- WAYS CODE OF THE STATE OF CALIFORNIA AT 831 SOUTH GLENDORA AVENUE, 835 SOUTH GLENDORA AVE., 841- SOUTH GLENDORA,AVE. , 845 SOUTH GLENDORA AVE., 849 SOUTH GLENDORA AVE., 853 SOUTH GLENDORA AVE. , 861 SOUTH GLENDORA.AVE. , 817 SOUTH GLENDORA AVE., 909 SOUTH GLENDORA AVE., A.ND 905 SOUTH GLENDORA AVENUE. " Mayor Gleckman. Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that City Council adopt said Resolution. Motion...carried on roll call vote as follows: AYES: Councilmen Nichols.,,, Gillum.;.. J,loyd, Mayor Gleckman NOES: None ABSENT: Councilman. Chappell PRECISE PLAN NO. 541 LOCATION. West Side of Glendora. Avenue, STREET IMPROVEMENTS north of Wescove Place. DANIEL E . COSNER Motion by Councilman. Gillum, seconded by Councilman Lloyd, and carried, that City Council accept street improvements on Precise Plan No. 541, and authorize the release of the Aetna Casualty and Surety Company Performance Bond No. 86 S 3703 BC in the amount of $1,000.00. - 2 - REG. C.C. 9-23-68 Page Three CITY CLERK'S REPORTS - Continued PROJECT SP-68005 STREET IMPROVEMENTS CROWELL AND LARSON LOCATION: Badillo Street from Lark Ellen Avenue to westerly city boundary. Motion by Councilman Gillum, seconded by Councilman. Lloyd, and carried, that City Council accept street improvements on Project No. SP-68005, and authorize the release of the Western Casualty and Surety Company Performance Bond No. 353635 in. the amount of $57,711.20. PROJECT NO.. SP-68024 STREET RESURFACING IMPROVEMENTS INDUSTRIAL ASPHALT, INC. LOCATION: California Avenue, Orange Avenue and Vine Avenue Motion by Councilman. Gillum, seconded by Councilman Lloyd, and carried, that City Council accept the street resurfacing improvements on.Project NO. SP-68024, and authorize the release of Federal Insurance Company Performance Bond No. 8038-98-22 in the amount of $16 , 687.28. SANITARY SEWER LINE CONSTRUCTION LOCATION: 3511 East Cortez Street, ALBERT J. and SHEILA S. GALLEN West Covina Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that City •Council accept the sanitary sewer line construction at 3511. East Cortez Street, West Covina, and authorize the release of The Travelers Indemnity Company Performance Bond No. 1504164 in the amount of $1, 900.00. RESOLUTION NO. 3876 ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF - FRANCIS J. and HELEN S. ZOELLE .(PROJECT NO. SP-69002) . " Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd, that City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gillum,, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman Chappell 0 --------- RESOLUTION NO. 3877 ADOPTED The. City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF - COUNTRY HOMES, INC. " Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. - 3 - REG. C.C. 9-23-68 Page Four CITY CLERK'S REPORTS - Continued RESOLUTION NO. 3877 - Cont'd. Motion by Councilman Gillum, seconded by Councilman Lloyd, that City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman Chappell LAND EXCHANGE LOCATION: Northeasterly corner of Merced CITY OF' WEST COVINA and and Glendora Avenues. DONALD P. NICHOLS, TRUSTEE RESOLUTION NO. 3878 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA, AUTHORIZING EXECUTION OF A QUIT CLAIM DEED. " Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. 'Motion by Councilman Gillum, seconded by Councilman Lloyd, that City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gillum, Lloyd, Mayor Gleckman • NOES: None ABSENT: Councilman Chappell RESOLUTION NO. 3 879 ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF - DONALD P. NICHOLS, TRUSTEE. " Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman Chappell • PARCEL MAP'NO. 889 LOCATION: Northeasterly corner of Merced RIGHT-OF-WAY DEDICATION AND and Glendora Avenues. APPROVAL OF TENTATIVE. AND FINAL MAP - DONALD P. NICHOLS, TRUSTEE Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that City Council approve Tentative Map for Parcel Map No. 889 subject to recommendations of Planning Commission Resolution No. 2089. - 4 - REG. C.C. 9-23-68 Page Five CITY CLERK'S REPORTS - PARCEL MAP NO. 889 Continued RESOLUTION NO.. 3 880 The City Clerk presented: "A RESOLUTION OF THE. CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA, AUTHORIZING • THE EXECUTION OF A QUITCLAIM DEED. " Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd, that City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman Chappell - RESOLUTION NO. 3881 ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF DONALD P. . NICHOLS , TRUSTEE. " `Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. •Motion by Councilman Lloyd, seconded by Councilman Gillum, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols,Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman Chappell RESOLUTION NO. 3882 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL .OF ADOPTED THE CITY OF WEST COVINA,. GIVING APPROVAL TO FINAL MAP OF PARCEL MAP NO. 889 AND ACCEPTING AN AGREEMENT AND SURETY BOND. " Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd,, ;:.that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman Chappell WEST COVINA. SEWER MAINTENANCE LOCATION: Within the boundaries of the DISTRICT City of West Covina, excluding those areas not benefited.. - 5 - REG. C.C. 9-23-68 Page Six 0 City Clerk's Reports - West Covina Sewer Maintenance District - Continued . 'RESOLUTION NO. 3883 ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST. COVINA, DECLARING ITS INTENTION TO FORM THE WEST COVINA SEWER MAINTENANCE DISTRICT IN ORDER TO PROVIDE FOR THE MAINTENANCE AND OPERATION OF SEWERS WITHIN THE BOUNDARIES OF THE. CITY AND TO ASSESS THE EXPENSES' THEREOF UPON THE REAL PROPERTY LYING WITHIN THE DISTRICT TO BE BENEFITED THEREBY. " Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen. Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman. Chappell PARCEL MAP NO. 809 LOCATION: Northerly terminus of Gretta DONALD J.'-MAHONEY Avenue at the Walnut Creek Wash. .376 acres - 2 lots - Area District II - R-1 Zone. Approved by Planning Commission Resolution.No. 2086 Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that City Council approve Parcel Map No. 809 - Donald J. Mahoney, subject to the recommendations of the Planning Commission Resolution.No. 2086. PARCEL MAP NO. 873 CHARLES CRICKS LOCATION. West side of Azusa Avenue between the San Bernardino Freeway frontage road and Workman_Avenue and also fronting on Fleetwell Avenue. Area: . 52. Acres - Consolidating 3 lots into 1 Parcel - S-C Zone. Approved by Planning Commission Resolution No. 2087. Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the City Council approve Parcel Map No. 873 - Charles Cricks, subject to the recommendations of the Planning Commission Resolution. No. 2087. ------------- PARCEL MAP'NO. 884 LOCATION: Southeasterly corner of Azusa JOSEPH K. EICHENBAUM Avenue and Amar Road. Area: 14.5 Acres - 3 lots - C-3Zone - Area District 1. Approved by Planning Commission Resolution No. 2088. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that City Council approve Parcel Map No. 884 - Joseph K. Eichenbaum, subject to the recommendations of the Planning. Commission Resolution.No. 2088. - 6 - REG. C.. C. 9-23-68 Page Seven • • CITY CLERK'S REPORTS - Continued AWARD OF BIDS PROJECT NO. SP-68022 STREET IMPROVEMENTS LOCATION: Francisquito Avenue from Valinda Avenue westerly 1300 feet. Bids were received in the Office of the City Clerk at 10: 00 A.M. on Wednesday, September 18, 1968. The City Clerk stated that 5 bids were received as follows: D & G CONCRETE CONSTRUCTION AMAN BROS . SULLY -MILLER .CONSTRUCTION CO. GRIFFITH COMPANY CROWELL & LARSON 10% Bid Bond 11 $12,653.70 $13,004.05 $13,664.20 $15,489.30 $16,000.00 Motion by Councilman Cillum, seconded by Councilman Lloyd, and carried, that the unit price bid of D. & G CONCRETE CONSTRUCTION COMPANY as presented for Project NO. SP-68022 be accepted, and the Mayor and City Clerk be authorized to execute a contract agreement in the amount of $12 , 653 . 70 . PROJECT NO. SP-69002 STREET IMPROVEMENTS LOCATION: Cortez . Street Between. Azusa Avenue and Citrus Street The City Clerk advised bids were received in the Office of the City Clerk at 10:00 A.M. on Wednesday, September 18, 1968. A total of 6 bids were received and reviewed and all bids checked for errors and determined to be valid bid proposals, as follows: SULLY -MILLER CONTRACTING CO. AMAN BROS GRIFFITH COMPANY REX W . MURPHY, INC. BRUTOCO ENGR. & CONSTRUCTION CROWELL & LARSON 10% Bid Bond 11 .$91,417.38 $92,689.63 $95,386.72 $99,404.20 $99,747.33 $103,849.69 Motion by Councilman Lloyd to approve the transfer of $15 , 000 from the Badillo Street Project SP-68005 to the Cortez Street Project SP-69002 as. recommended. Motion seconded by Councilman Nichols, and carried. Motion by Councilman Lloyd, seconded by Councilman Nichols, and carried, that the City Council approve the unit price bid of Sully -Miller Contracting Company in the amount of $91,417.38 for Project No. SP-69002, and authorize the Mayor and City Clerk to execute the agreement. HEARINGS STREET VACATION OF FUTURE STREET IN TRACT NO. 28988 PROTEST HEARING LOCATION: Easterly side of South Hills Drive, northerly of Cameo Vista Drive. Hearing of protests or objections set for this date by Resolution No. 3853 adopted on August 12, 1968. Mayor Gleckman: Madam City Clerk do you have the affidavits of posting and publication? -7- REG. C.C. 9-23-68 Page Eight HEARINGS - Continued City Clerk: Yes. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that the affidavits of posting and publication be received and filed. • (MR. FAST, PUBLIC SERVICES DIRECTOR, SUMMARIZED THE ENGINEER'S REPORT.) Mayor Gleckman: Madam City Clerk have you received any written protests or objections against the vacation of this street? City Clerk: I have received no written .protests,.. THIS IS THE TINE AND PLACE FOR PROTESTS OR OBJECTIONS AGAINST VACATION OF FUTURE -STREET IN TRACT NO. 28988. NO PROTESTS ORALLY.. HEARING CLOSED. RESOLUTION NO. 3884 The. City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA, ORDERING THE VACATION OF A CERTAIN PORTION OF A FUTURE. STREET IN TRACT ' NO. 28988 AND RE SERVING:I14_FVOR).:OF r'THE'TCTTY - OE[ :WEST .;L. COVINA CERTAIN RIGHTS AND EASEMENTS LOCATED THEREIN FOR PUBLIC UTILITY AND OTHER PURPOSES. " • Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman. Gillum, seconded by Councilman Nichols, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gillum, Lloyd, .. NOES: Mayor Gleckman ABSENT: Councilman Chappell AMENDMENT NO. 89 Request to amend Section 9211 of the CITY INITIATED Municipal Code re. modification of C-1 Zone. Approved by Planning Commission Resolution.No. 2066. First set for hearing on August 12, 1968; held over to Sept. 10, 1968; for joint meeting with Planning Commission with hearing held open; hel& over to this date with hearing held open. THIS IS -THE TIME AND PLACE FOR THE PUBLIC HEARING ON AMENDMENT NO. 89 CITY INITIATED. IN FAVOR • None IN OPPOSITION None. HEARING CLOSED. COUNCIL DISCUSSION, Councilman Gillum: Mr. Wakefield - this last sentence states "...this development standard will not apply to any parts of land rezoned from C-1 to Neighborhood Commercial (N-C) by this Ordinance for a period not to exceed 5 years from the effective date of this Ordinance. " In effect this is saying _8_ REG. C.C. 9-23-68 Page Nine AMENDMENT NO. 89 - Continued that anything that is now C-1 will not be affected for 5 years, with regard to the closing hours? -Mr. Wakefield: That is correct. They have 5 years to adjust their operations. ' Councilman Gillum: This is the one area that concerned me, and I think Mr. Nichols., more than anything else. This limitation on existing business. I know the Planning Commission, with the staff, made every effort to give us an.Ordinance that would do the job we want, but I am still concerned. What are we going to do with the Council five years from now to enforce this? Mr. Menard, can you shed some light on this? Mayor Gleckman: I don't believe Mr. Menard can predict what the Councils in the future will do with this Ordinance. I think the five year period will definitely give the gentlemen sitting up here a good idea of how it will be working out, and at that time it will be their decision to either enforce or change it at that ti me, but I believe it is something that this Council for sure will not be confronted with. Mr. Menard - would you care to answer Councilman Gillum's question? Mr.... Menard: I believe I can provide a little .illumination from an overview. It would be my hope and that of the Planning Commission, that within 5 years a great number of sites presently zoned C-1 where such a time stipulation would perhaps cause a hardship and be improper, that these C-1 zones as existing today, will be more appropriately zoned into other than C-1 or Neighborhood Commercial. I think it is the opinion of the Planning Commission based on the comments of the Planning Consultant that we have a great deal of inappropriately C-1 zoning. (Explained in detail.) A Neighborhood Commercial zone in 5 years should truly be a Neighborhood _ Commercial zone and this would then be appropriate. Councilman. Gillum: What you are saying is the Planning Commission and staff feel over this period of time due to the change of zone which is foreseen in the future, that at the end of the five year period, the true Neighborhood Commercial will exist and the other types of zoning will be changed in description or fall into another category, and you don't feel this will affect them? Mr. Menard: Quite frankly I can't say that it won't affect some parcels in the City. Some will be affected to the point that some that have C-1 zoning inappropriately will come in and request of the City a more proper zoning such as Service zoning, etc. (Explained.) Councilman. Nichols: Mr. Menard, can you define the logic of a blanket incorporation of existing C-1 into the N-C when at the same time there is a recognition that a portion of that C-1 doesn't belong in the N-C? Mr. Menard: The primary justification, at least in the eyes of the Planning • staff, and I think the Planning Commission, is that it would require or become very advantageous for the individual that has property miszoned, even though he enjoys a commercial zone at the moment but perhaps a miszone, to come in and request the proper zone as it is stated in the General Plan, and to the point that he would desire the advantages of a more intense zone. The C-1 zone is not intense enough for North Azusa Avenue and therefore he would come in and request more intense zone and he would then have to live up to the development standards of the City that exist in that intense zone.. Slowly, but surely, over the next ten years we will revise all of our zones. We have long existed- with three commercial zones whereby we should have five or six. (Mentioned zones that should exist in the City.) _g_ 'REG. C.C. 9-23-68 Page Ten C: AMENDMENT NO . 89 Continued Councilman Nichols: In the three areas you covered in your report, two of them grant the nonconforming use within the new zone in terms of acreage, terms of site development, usable land, develop- ment standards, but when you- come to hours, this blanketing in on nonconformity has a limit on it. Why in the first two instances was the recommendation to grant existing uses item for item - not to compel this person into the N-C, not to compel or mandate any change, except in terms of hours. . In that one area alone you put a 5 year limit on it. It seems tome if the philosphy was to attempt to convey to the individual that it,would be in his interest to get out of this zone that there would have been a limit in all.of these areas. And if that was not the purpose, there should be no limit in any of these areas. Will you comment on that please? Mr. Menard: There are two reasons. There is basically only one or two small sites in the City that the site size would be a problem, and both are on the Freeway and they should perhaps be zoned in the Freeway zone when that is created. The second reason is the fact that I think the hours of operation is a reasonable request of those particular Neighborhood Commercial zones that exist in the neighborhoods, whereas it might be unreasonable to suggest a person must buy more land to qualify for the zone he already enjoys. (Explained further.) Councilman Nichols: But you do this with Signs - you say 3 years or 5 years to bring your sign up to standards or junk it and put up a new sign. You do this in terms of nonconforming uses, where the use changes, etc. etc. . Mr. Menard: I think actually it is the matter of perhaps the degree of reasonableness or hardship that would be the result - - a sign costs $500. and hours of operation in a true neighborhood zone costs nothing. Two acres of land at West Covina prices costs a quarter of a million dollars. .Councilman Lloyd: Do you know of any specific case at the moment that you would consider would be falling into the hardship class that might be ,created by this change? Mr. Menard: - In regards to Items 1 and 2 - I cannot anticipate such. We' analyzed the zoning map and found only two small sites that presently enjoy these nonconforming uses. I cannot think of a hardship case that would be brought about. In my mind at least it would seem that hours of operation with a five year abatement period would be reasonable. Councilman Lloyd: You specifically looked for this, outside of the other two you already mentioned? Mr. Menard: Right. Mayor Gleckman: Any further discussion? I have a question - how do you intend • to notify all the present C-1 property owners of the change in zone ? Mr. Menard: The notification was of course forthcoming in advertising the notice of public hearing. . I would say it would be exactly the same as when we converted the R=P to O-P and placed the development standards upon it. Those individuals that keep up to date on things at City Hall and read their newspapers, etc. , are generally made aware of it. No specific plan has been forthcoming. The change is not really that radical or that rapid. Councilman Lloyd: The Mayor brought up an excellent point - public relationswise. We are always fearful in telling people and over -stimulating - 10 - REG. C.C. 9-23-68 Page Eleven • E AMENDMENT NO. 89 - Continued them, but I think it is incumbent upon us as a Council, to let these people know so -that they really do know what is going on. It brings greater involvement and we don't catch them unawares and therefore fill the hall here with people who, due to a lack of information, are decrying their situations. Mayor Gleckman: Mr. Menard - my only comment would be that enough prepara- tion be done by your Department to the particular cases that would be most affected by this. That they be notified of what we are doing and why we are doing it and not just a notice per se saying that this is what is going to be done. °Mr ,Menard: I might add that the possibility of using the fact that if individuals come in to the City Hall to request a business license each year, as a method of being provided with informa- tion, is being investigated at this moment, and it appears at this time to be the very best method of bringing each individual up to date on these kinds of things. Councilman Lloyd: While I agree with Mr.. Menard, that this will indeed insure that the word is spread - - instead of waiting for the individual to come to City Hall in some shock surprise finding that his zoning is changed, even though it may well mitigate to the benefit of the individual whose zoning is changed, I think it is incumbent upon us to see to it that these people are forewarned. We have given them a zoning and now we are proposing to change the zoning, so they are deserving of this type of information and even though it .requires additional work on staff, I think we should give serious consideration for that doing additional work, so that we have the confidence of the people we serve. Councilman. Gillum: This is completely off of what we are talking about except what you are saying about - where do we draw the line? I think the citizens of this community also have an obligation, to keep informed of what their government is doing. If we start mailing out these notices we are going, to have to mail every household in the City regarding a zone change some day and that is rather expensive. Councilman Lloyd: I agree, but in this particular case how many would be a ffected ? Mr. Menard: I would have to say it is in the hundreds. There are a great amount of commercial in this City that have been held in the C-1 zone. (Explained.) I might also add that the Chamber of Commerce has been informed and it will be brought to the attention of that particular organization and there has been to date at least one article in one of the local newspapers on the front page. And I would assume that when the zone is concluded there will be another article. It would not be a tremendously monumental task to provide a flyer, not by mail, but by students to spread about, but I don't believe it would be tremendously significant.. Some 7S to 85% of the businessmen do not understand the zones they are in today nor the requirements of that zone. What we really have to do is as we are doing with the business license - - educate them to what they now have. Councilman Lloyd: I appreciate what you are saying Mr.. Menard; I believe also Mr. Gillum has brought up a valid point. But in the final analysis a governmental agency is precisely that - a function of the people and as such if they are not informed it is incumbent upon us to try and inform them. If they have somehow received misinformation it is incumbent upon us to correct that information. In other words and I know we all agree, and in no way am I implying that we as a body or the administration of any particular office is trying to avoid its responsibility to the citizens, however, in the hopes of a better lire of - 1 1 - -REG. C.C. 9-23-68 Page Twelve 0 n U AMENDMENT NO. 89 - Continued communication that foretelling these people what will happen, even though they don't -know-Lwhat-they have right now, I think in the long run it might be a part of that ,educational --program, which you are referring too. I suggest this is possibly the way to go, that if -it is unduly restrictive economically to the City, then of course, we should abandon it and find another route. Right now I think this would be in the best interests and I believe this is what the Mayor had in mind, when he brought it up. Mayor Gleckman: As far as I am concerned - none of this has any effect on any of these people except five years hence and then only with the hours. The only thing we are talking about is the hours. . I believeif we informed them one year before the Ordinance went into effect it would be best and not 5 years in advance. So that is really what I meant. That is what I really was talking about - the unique way we have of informing people at the right time with the wrong thing/or the wrong time with the right thing. Motion by Councilman Nichols that the Council adopt Amendment No. 89 - City Initiated, relative to the request to amend. Section 9211 of the Municipal Code regarding modification of the C-1 zone as approved by Planning Commission Resolution.No..2066. Motion seconded by Councilman Lloyd, and carried. ZONE CHANGE:NO. 400 CITY INITIATED reclassify from County R-1 (40, 000) Commission Resolution No. 2078. LOCATION: Approximately 1.2 acres of land located at the northwesternly corner of Grand Avenue and Cortez Street. .(Southeasterly Annexation District No. 210) Request for approval of a zone change to to City R-1, Area District III approved by Planning (Mr.. MENARD,. PLANNING DIRECTOR, BRIEFLY SUMMARIZED THE REPORT.AND RESOLUTION, STATING REASONS FOR THE REQUEST OF, A. CHANGE OF ZONE.) Mayor Gleckman: Madam City Clerk have the affidavits of publication been sent out? City Clerk: Yes. Motion by Councilman Lloyd, seconded by Mayor Gleckman, and carried, that Council receive and file. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 400 - CITY INITIATED. IN FAVOR None. IN OPPOSITION None. HEARING CLOSED. COUNCIL DISCUSSION. (None) Motion by Councilman. Nichols, seconded by Councilman Lloyd, that Council approve Zone Change #400, and that the City Attorney be directed to prepare the appropriate Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, NOES: None ABSENT: Councilman Chappell Gillum, Lloyd, Mayor Gleckman - 12 - REG. C.C.-;9-23-68 Page Thirteen AMENDMENT -NO. 91 CITY INITIATED Request to.amend_Section 9215 of the Municipal Code regarding the creation of sign regulations for the P-B (public building) Zone approved by Planning Commission Resolution No. 2079. • Mayor Gleckman: Madam City Clerk do you have the affidavit of publication? City Clerk: Yes. -Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that Council receive and file. THIS .IS THE TIME AND PLACE. FOR THE PUBLIC HEARING ON AMENDMENT NO. 91 - CITY INITIATED. IN FAVOR None. IN OPPOSITION None. HEARING CLOSED. COUNCIL DISCUSSION. Motion by Councilman Nichols, seconded by Councilman. Gillum, that City Council approve Amendment No. 91 - City Initiated, and direct the City Attorney to prepare the appropriate Ordinance. Motion carried on roll call vote as follows: • AYES: Councilmen Nichols,,Gillum,. Lloyd,. Mayor Gleckman NOES: None ABSENT: Councilman Chappell. AMENDMENT NO. 92 Request to amend Section 9217 of the CITY INITIATED Municipal Code regarding the creation of an Area District IA (6000 square foot residential lots) for recently annexed or proposed annexable areas to the City only approved by Planning Commission Resolution No. 2080. Mayor Gleckman: Madam City Clerk do you have the affidavit of publication? City Clerk: Yes. Motion by Councilman Gillum, seconded by Councilman. Lloyd, and carried, that Council receive and file . Mr. Menard: There is one fact that should be clarified or language added to it. The intent was to allow County zoning annexed to the City that presently enjoys 6000 square feet in the County to come in at 6000 square feet, and one of the staff members pointed out today that perhaps this is not too clearly defined by the Planning Commission Resolution. I would say perhaps at the bottom just before the final "Resolved" - "Area District IA shall apply to developed or undeveloped property annexed that enjoyed 6000 square feet zoning in the County...... ". (Council agreed.) THIS IS THE TIME AND PLACE FOR.THE.PUBLIC HEARING ON AMENDMENT NO. 92 - CITY INITIATED. IN FAVOR None - 13 - REG. C.C. 9-23-68 Page Fourteen AMENDMENT NO. 92 - Continued IN OPPOSITION None. . HEARING CLOSED. COUNCIL DISCUSSION. Mayor Gleckman: Mr. Menard - what you just said excludes any existing land in the City of West Covina that may be there under an un- authorized zone, but put there prior to the zoning ordinance, that may have 6000 sq. ft. or below and is still classified in a particular area which does not have proper zoning, Mr. Menard: The very last sentence of that first portion that I read, states "except in areas presently developed with nonconform- ing 6000 sq. ft. lot sizes ........ Mayor Gleckman: How about in areas presently developed that has some land attached that is undeveloped? Mr. Menard: If it were subdivided and zoned or if it were zoned for 6000 sq.. ft., by virtue of this Area District 1A, we would then bring it in or anticipate bringing it in as such. We do have a section that applies to this in the City, it was annexed some number of years ago and still carries the County zoning, R-1 6000 sq. ft. • Councilman Nichols: I would like to clarify some wording in that same paragraph . You stated - "this area District shall apply to developed or undeveloped property not ,recently" annexed or annexable areas. . . " and then you go on to say "it shall not apply to land presently in the City... e .. " What is a recently annexed area but an area that is in the City at the effective date of the Ordina nce ? Mr. Menard: The terminology "recently" is perhaps the misleading part. When we first wrote this we concluded this would mean a few months, but we did find this one piece of zoning that is years old that has this County zoning on it. Councilman. Nichols: Well you can't have your cake and eat it too, by having the wording one way and modifying it in the next. Mr. Menard: I would be the first to agree that some changes in wording is required. Councilman Nichols: Perhaps the City Attorney might work out the changes with you. Mr. Wakefield: I will be glad to work it out with Mr. Menard, The intention of the Planning Commission and staff was that property zoned in Area District lA of 6000 sq. ft. would upon annexation to the City be in the same zone and the further intent was to go back and pick up this previously existing and nonconforming property action. Councilman Nichols: The Ordinance. will come back to the Council with the slight modification in wording? Mr,, Wakefield: Yes. Motion by Councilman Nichols, seconded by Councilman Lloyd, that Council approve Amendment No. 92 City Initiated, as reflected in Planning Commission Resolution - 14 - REG. C.C. 9-23-68 Page Fifteen AMENDMENT NO. 92 - Continued No. 2080 with the inception of the minor modifications suggested in the preceding discussion; and direct. the City Attorney to prepare the proper -Ordinance for Council action. Motion carried on roll call vote as follows: • AYES: Councilmen Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman Chappell THE CHAIR DECLARED A 10 MINUTE RECESS . COUNCIL RECONVENED AT 9: 02 P. M. PLANNING COMMISSION REVIEW PLANNING COMMISSION ACTION OF SEPTEMBER 18, 1968. a) Confirm Hearings set for October 14, 1968: Zone Change No. 401 - City Initiated Zone Change No. 402 - Gottlieb -Sugar Investment Co. b) Recommendation re. Cul-de-sacing and vacation of Eckerman Avenue (Discussion by Mayor Gleckman regarding the setting of Hearings for October 14, 1968. City Clerk advised they were put on the agenda for Council discussion and action if Council so desired; that the meeting of October 14th fell on one of the three days of the League of California conference days.) .Mr. Wakefield: Mr. Mayor - the statute does not require that City Council • hold a hearing in connection with the closing of a street, but the recommendation of the Planning Commission was that the Council hold a public hearing before taking action. Mayor Gleckman: Are there any comments by Council as far as confirming the dates set for the hearing other than a change in date if Council desires to set for hearing? (Discussion followed. Council agreed to set for hearings.) Motion by Councilman Lloyd, seconded by Councilman Gillum, and carried, that Items A and B be set for hearing by Council on October 28, 1968. Councilman Nichols: Mr. Mayor - Item 3 under Department reports - I don't know exactly what they are talking about. The Planning Commission recommended to the City Council that an investigation be made into the design of bus stops, etc. , be commenced immediately? Mayor Gleckman: I didn't know they had discussed this at the Planning Commission meeting. May I ask the Council liaison what was discussed by the Planning Commission regarding this? •Councilman Lloyd: I am sorry I do not know. Was this at the last meeting Mr. Menard? Mr. Menard: The Planning Commission discussed at its last meeting the expanded bus service that we recently learned of and at the urging of the staff and recommendation of the staff, that some attention be given to them so that they do not become a typical bus stop - an unsightly creation. There will be a staff report submitted to Council explaining the Planning Commission action. It should be on the agenda for the next time. - 15 - REG. C.C. 9-23-68 Page Sixteen PLANNING COMMISSION - Bus Stop Stations - Continued Mayor Gleckman: Is the staff aware of the bus route? .Mr. Menard: The staff is aware of the route as explained by yourself at . the last Council meeting. Councilman Nichols: It just strikes me as very strange that something is presented to the Planning Commission, valid as it may be, and they in turn make a recommendation to the Council before it gets to the Council for discussion as to whether the City should look into this matter or not. Already an investigation is underway and a report is forthcoming to the Council so what is the point of having the Council act on any recommendation whatsoever? Mr. Menard: Perhaps you misunderstood or I didn't properly explain. The Planning staff brought the subject up to the Commission and they felt it was a proper item and indicated we should submit to the Planning Commission a recommendation that an investigation commence. There will be submitted by myself to the City Manager and, City Council a communication indicating why the Planning Commission took this action, etc. This, that you see here on the Planning Commission action sheet, is a very small blurb to present to the Council items of interest that took place. Mayor Gleckman: I believe it is good thinking. I really haven't thought about the bus stop situation, and if the staff can come up with some- thing ....... . The official notification, if the Board of Directors approve the route tomorrow - it will be from Eastland to Citrus, Citrus to �Cameron., Cameron to Glendora, Glendora to Walnut Creek Parkway, Walnut Creek Parkway . to California,. California to Sunset, up Sunset to Merced so it touches the Queen of the Valley Hospital, Merced to Glendora, Glendora all the way to First Street to Valley Boulevard to connect to the existing bus line in LaPuente, back down First Street and down. Glendora and Cameron back to Eastland. And there will be two buses, there should be a bus every half hour. Councilman Gillum: Mr. Lloyd was the Council representative to the Commission and I came down for part of the hearing but I had to leave before they got to the Glendora Study, but I understand from the merchants and the Planning Commission, it was quite vocal. I would like to suggest to Council that when this is heard again especially before Council, if we could devote the evening to that subject and possibly hold it some other place rather than this small room. Mayor Gleckman: I believe that has been set already. Might I also ask - Mr. Menard, does the Council have copies of that report at this time? I received mine by coming in and picking it up off the table, but I didn't get it in the mail. Did Council get a copy of the report in the mail? 0 Mr. Menard: I don't believe so. Mayor Gleckman: Mr. Aiassa - will you please see that the Council gets a copy of the Glendora Report before it goes to the Planning Commission so we can at least answer questions put to us by our constituents? It is rather difficult as a Councilman to say we haven't the slightest idea of what they are talking about. Councilman- Lloyd: Mr. Mayor, I concur on the remarks made. I too had to pick it up and came in kind of cold turkey on it. . I noted there was a letter to the. Council in there and it was published and put out for public consumption before we evff saw the letter. REG. C.C. 9-23-68 Page Seventeen PLANNING COMMISSION Continued Councilman Lloyd: Mr. Mayor I have a further comment. I don't know - Mr. Aiassa should I speak to Mr. Menard on this, is he the one that handles the meeting procedure at the Planning Commission hearings? (Discussed the procedure used at the Planning Commission meeting and the need for better communication between City staff and the participants . Mr. Aiassa advised that staff is completing a booklet which will give the procedure the Planning Commission hearings.. ) PERSONNEL BOARD Recommendation regarding Police Probationary Period Mayor Gleckman: Mr. Aiassa can you give us a quick rundown on this. They are talking about extending it to 18 months, what was it prior? Mr.. Aiassa: Probation was for 1 year and the request is to extend to 18 months. . (Explained) Councilman Nichols: Mr. Mayor - I had the assignment of being with the Personnel Board and going over this and hearing the Chief explain. The major point he made was that this is the only Department where the employees are sent out of the City for a part of their training and they then return and for another 2 or 3 months of their probation period they are on duty in a unit with another officer. It is only about the last 3 months that they are placed out in a car on their own and it was their feeling that the extension of the probationary period would not weaken their structure in anyway but would be of help to the Department in the evaluating of the employee. I felt at the time it was a valid recommendation. Mayor Gleckman: Will this in anyway make us less competitive with any of the other Police Departments in and around the Valley? This is the one thing I am interested in very much. ( Mr. Aiassa explained this would in no way curtail the salary raises, they would still receive a raise in 6 months and this increased probation period would help the Police Department in evaluating a man for a longer period of time after he had received his training at the Academny and was finally allowed to ride in a unit alone.) Councilman Gillum: May I ask - in the last budget we approved how many additional Police Officers? Mr. Aiassa: Four - 2. for July 1 . hiring, and 2 for January 1 hiring. Councilman Gillum: Do you have knowledge right. now of how many vacancies we have? The reason I am questioning - I don't think we even filled all of the approved positions, and I don't want to put anything out that may discourage anyone from coming into our City. • (Mr. Aiassa explained that at the present time we have 2 openings, that we do have an Eligibility List with the applicants going through medical and personality evaluations..) Mr. Aiassa: The average turnover is between 2 and 5 years. I don't believe we will have any problem with the increased probation period. Motion by Councilman. Gillum, seconded by Councilman Lloyd, and carried, that the recommendation of the Personnel Board to extend the Police Officer probation period from one year to eighteen months be adopted, and that the City Attorney be directed to prepare the proper Ordinance. . - 17 - REG. C.C. 9-23-68 Page :Eighteen • POLICE.OPFICER.PROBATIONARY PERIOD - Cdntinued Mr. Aiassa: I will make a report to Council in 12 months as to the effect on our employment of Police Officers under the increased probationary period. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS 1. Letter from South Hills Baptist Church Motion by Councilman. Nichols, seconded by Councilman Gillum, and carried, that Council refer the letter from the South Hills Baptist Church to the Recreation & Park Commission and staff, for investigation and report back to City Council. 2. Letter from Mrs. Toanne Wilner Motion by Councilman Gillum, seconded by Councilman Nichols, and carried, that Council refer this letter pertaining to Ordinance to regulate noise, to the City Attorney and staff. 3. Letter from John Kasnetsis Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that Council refer letter from John Kasnetsis regarding Trash Clean-up to the Blue Ribbon Committee on Clean -Up, Fix -Up; and that a letter of reply be sent over the Mayor's signature. 4. Letter from City of Tehachapi Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that Council refer this letter pertaining to proposed -bill to increase penalities for persons assaulting Police Officers in line of duty, to staff for a report. CITY ATTORNEY ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING THE WEST COVINA MUNIC1PAL­ CODE- SO_ AS TO REZONE CERTAIN PREMISES (Zone Change No. 399 '-'Victor Cruikshank) .'" Motion by Councilman Nichols,..seconded, by'.Councilman Lloyd, and .Carried, ..that City . Council waive further reading' of the body of said Ordinance. Motion. by Councilman Gillum.... seconded by Councilman Lloyd..,,'that :,City.. Council, introduc-e said Ordinance. Motion carried on roll call .vote as follows: .AYE: Councilmen. Nichols, Gillum, Lloyd, Mayor Gleckman NOES: -None ABSENT: Councilman Chappell REG. C.C. 9-23-68 Page Nineteen CITY ATTORNEY Continued ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING THE WEST- COVINA MUNICIPAL CODE BY ADDING PART 2 8 TO ARTICLE 2 CHAPTER 9 (Amendment No. 90 - City Initiated) . " - Motion by Councilman Gillum, seconded by Councilman Lloyd, that........ City Council introduce said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman Chappell ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING SECTION 2422.OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE PROBATIONARY "PERIOD FOR POLICE OFFICERS." • Motion -by Councilman Gillum, seconded by Councilman. Lloyd, and carried, that City Council waive further reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman. Lloyd, and carried, that Council introduce said Ordinance. ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF WEST COVINA, AMENDING SECTION 2410 OF THE WEST COVINA MUNICIPAL CODE RELATING TO OFFICES AND EMPLOYMENTS IN THE EXEMPT SERVICES." Motion by Councilman Gillum, second'od by Councilman Lloyd, and carried, that City Council waive further reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman. Lloyd, and carried, that City Council introduce said Ordinance. ORDINANCE. NO. 1052 The City Attorney presented: ADOPTED "AN ORDINANCE .OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. " Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that City Council waive further reading of the body of said Ordinance REG. C.C. 9-23-68 Page Twenty CITYATTORNEY - Ordinance No. 1052 Continued Motion by Councilman Gillum, seconded by Councilman Lloyd, that City Council adopt said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gillum,. Lloyd, Mayor Gleckman NOES. None ABSENT: Councilman. Chappell REPORT RE PROPOSED LOITERING ORDINANCE Mr. Wakefield: Pursuant to Councilman Gillum's suggestion at the last meeting of Council,. I obtained copies of the Ordinance recently adopted by Los Angeles County with respect to loitering. I also addressed a letter to the City Manager suggesting if Council wished to proceed that two sections of the West Covina Municipal Code 4108 and 4109, should be revised at the same time. I have prepared a draft of an Ordinance embodying my suggestions for changes. Mayor Gleckma.n: What is the penalty this carries? Mr. - Wakefield: Failure Ltd domply under the Ordinance is a misdemeanor - 6 months in jail, $500. fine. Councilman Gillum: As I stated earlier I feel unfortunately we are approaching the time in our Community when this may become a factor .and I feel we should have something in our books in order to keep the protection, and keep the sidewalks clear. Mayor Gleckman: Does any of this have to do with our parks in West Covina? Mr. Wakefield: No sir, not directly. Councilman. Nichols: In your discussion you mentioned that there might be aspects of our own Municipal Code that might be un- constitutional,. I wish you would elaborate on them, for my benefit. Mr. Wakefield: The present Sections of the Code prohibit picketing for any purposes relating to a trade dispute. In effect the Ordinances were designed and adopted about the same time as the "hot cargo" provisions were adopted in the State Labor Code. (Explained in detail.) Councilman Nichols: If I may continue - - The City Attorney in a City Government is hired by the City Council as its legal advisor and with the staff also being agents of the. Council they gain the benefit of that legal advice.. When a matter comes up such as a matter of picketing and a group of citizens come to the ,Police Chief or someone on City staff and say we have read the Ordinance and we wonder if it is legal or illegal and if you meet with the Police Chief or • someone of staff, that would clearly be an extension of your role as an agent of the Council but when you give advice directly to the public that an Ordinance is or is not constitutional, or that someone does or does not have a right to do something - - Mr. Wakefield, aren't you in effect representing that citizen in.its complaint against the City? I don't really cite this as something I have concern about in this issue, but it has come up a number of times through the years, and I begin to wonder when does the City Attorney become the representative of the citizen rather than of the City Government, is there a line of delineation that should apply here? - 20 - REG. C.C. 9-23-68 Page Twenty-one REPORT RE. PROPOSED LOITERING ORDINANCE - Continued -Mr. Wakefield: Yes, I think so. The line I have attempted to establish for my own guidance is basically this. In my view if a concerned citizen inquires of any member of the staff of the City Government with respect to a case that he has that relates to his ability to do or not do with a particular act and it falls within the scope of responsibility of a representative of the City and they come to me for advice, I feel I have a responsibility to advise him. I -think -I have a duty to advise the staff member of the rights of the citizen and he in turn passes that information on to the citizen and that is essentially about what happened in this particular instance. I received a call from a representative of the Labor Organization that was involved and �Vho had previously talked to the Police Chief -who referred him to me for my comments and I told him I would talk with the Police Chief and then call him back - which,I did. Councilman. Nichols: It was just an academic. question.. It has always seemed to me that the person would go to his counsel and. get an opinion as to the validity of our local Ordinances rather than come to our representatives to seek judgment in that area. Mr. Wakefield: That is true except in a instance of this sort I think the. Chief of Police and his Police Officers are entitled to know whether the Ordinance is legal or unconstitutional. Councilman Nichols: I agree. `Motion by Councilman Gillum, seconded by Councilman Lloyd, that City Council • direct the City Attorney to draw up an Ordinance to bover:.these areas as outlined by the County Ordinance and also look into Section 4108 and 4109 of the West Covina Municipal Code. Councilman Lloyd: Mr. Wakefield - in your opinion are we at the point where we really do need this type of thing incorporated in the Ordinances of the City? Do you advise us to take this step? Mr. Wakefield: I think the problem with respect to crowd control, control of demonstrators, is becoming increasingly difficult and the only guidance that Law Enforcement Officers really have are local Ordinances on the subjects and I think this particular Ordinance provides a margin of protection for the persons that are not part of the demonstration, that is badly needed in our own local Ordinances. (Summarized a recent example of a Supreme Court ruling onthis matter.) Motion carried. CITY MANAGER 1. Stanford Research Institute Phase I Report: Auditorium Feasibility Mr.. Aiassa: The recommendation is that Council accept the report and review the Citizen's Blue Ribbon Committee report at the same time as the Stanford Research Institute Phase I Report. I further would recommend the possibility that the CmUncil might like to have the Public Authority Board involved, because if it is. to be built - any auditorium would have to go through this agency. Councilman Lloyd: Mr. Mayor, I am in favor of a Study Session on this and I feel we should review and also have the Stanford Research report presented to us in some depth. - 21 - -REG. C.C. 9-23-68 Page Twenty-two STANFORD RESEARCH INSTITUTE PHASE I REPORT: AUDITORIUM Continued Councilman Nichols: I am all for going into a Study Session situation. Frankly, at this time I can't, as much as I might like to, be able to take a favorable position in terms of expenditure of another $14, 000 for a Study in this area. I am of the opinion that for the short term we -have made as many major committments as we can now make for our City. And having a study on a short term basis would probably largely, in my opinion, be a waste of money anyway, but I would like to get the thinking of the men that have worked and looked into this area and perhaps they can :enlighten me in someways so that I might be able to approach this from a more constructive viewpoint. I am in favor of a Study Session on it. Motion by Councilman Lloyd that the City Council meet at 6 P.M. on the 14th of October, 1968, to review the Stanford Research.Phase 1 Report pertaining to the Auditorium Feasibility and the Citizens Blue Ribbon. Committee Report. Motion seconded by Councilman. Gillum. (Discussion followed on date of meeting, as the 14th :.(;f October was a night of the League Conference.) Councilman Lloyd substituted October 28th in place of October 14th. Substitution accepted by Councilman Gillum. Motion carried. 2.. Assistant Planning Director Position •Motion by Councilman Nichols, seconded by Councilman.Lloyd, that Council receive and file this report. Councilman Gillum: Mr.. Menard - you are satisfied with this particular person? (Mr. Menard stated he felt the man selected will be capable of carrying out the duties of the Assistant Planning Director and that he expected a good performance on his part.) Motion carried. 3. Request from Tames E. Mvers Re: Tract No. 28400 Motion by Councilman Lloyd, seconded by Councilman Gillum, and carried, that Council receive and file the staff report. Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that relative to the letter of September 19, 1968, from James E. Myers, that Council deny the request regarding Tract No. 28400. 4. Temporary Trailer Use Mr. Aiassa: The First Baptist Church has enlarged their operation and are now operating in a temporary trailer and the Council. has the right to give a temporary permit to allow this for a short time. We are advised that their construction period is around January 12, 1969, so I would like to recommend to Council that a temporary permit be given expiring as of the 1st of January, 1969, unless a request is received for an extension. So moved by Councilman Lloyd, seconded by Councilman Nichols, and carried. - 22 - REG. C.C. 9-23-68 Page. Twenty-three CITY MANAGER - Continued 5. Request for Leave of Absence with Pay - Mabel Hoffland -Motion by Councilman Gillum that the City Council approve a thirty day leave of absence with pay, chargeable against future vacation and sick leave, to Mabel Hoffland, • --M'tOtioh seconded by Councilman Lloyd. . Motion carried on roll call vote as follows: AYES: Councilmen. Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman. Chappell 6. Statement by City Attorney for Services -Motion by Councilman Gillum, seconded by Councilman Lloyd, that City Council approve funds of $385.00 for expenses incurred in the West Covina boundary relocation, to be paid to Burke, Williams and Sorensen. Motion carried on roll call vote as follows: AYES: Councilmen. Nichols, NOES: None ABSENT: Councilman. Chappell Gillum, Lloyd, Mayor Gleckman 7. Protests Re: Licensing of Vending Machines • Mr. Aiassa: I would like to make a recommendation to Council that we hold this matter over until the 25th of November, 1968. So moved by Councilman Gillum, seconded by Council- man Lloyd, and carried. 8. Sidewalks on Barranca Street at Location of Construction. Project Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that City Council authorize the. City Engineers to construct on Barranca Street for the width of the sidewalks with irrigated tree walls at their expense, where the difference in elevation is greater than 5' between the private property and the parkway. 9. Fire Zone Map (Mr. Aiassa briefly summarized the report presented to Council, and stated that staff recommended this matter be set forpublic hearing.) Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that City Council set the Fire Zone Map for a public hearing on October 28, 1968. 0--------- (Discussion followed about the date of the next meeting, due to the fact that Council would not hold a meeting on the 14thof October because of the League of California conference. Mr. Wakefield advised that Council should adjourn tonight to October 21st, if they so desired.) - 23 - `REG. C.C. 9-23-68 Page Twenty-four CITY MANAGER - Continued 10. Report on Offers to Dedicate Street Rights -Of -Way City -Wide -Mr. Aiassa: This was requested by Council and if you wish to take more time to read the report, it is quite extensive, -Mayor Gleckman: 'Mr. Menard - wasn't there recently a hearing in front of the Planning Commission regarding a street that was dedicated that the party presently living on - there was a request for vacation before the Commission and then denied. I believe it was on a parcel of land that goes between a party living in a home presently with their land extended just to the right-of- way of dedication and that land is bare . Mr. Menard: The only one I recall was a deep lot ... that lead into another lot with a reservation for a future street. Mayor Gleckman: Is that included in this report? Mr. Zimmerman: That is No. 4 - Mr. Mayor. Mayor Gleckman: You are not recommending that we vacate that? Mr. Zimmerman: That is correct. Mayor Gleckman: We have a recommendation; unless you would like more time to study this. I am prepared to go on the recommendation. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that Council approve the recommendations on the memorandum from the City Engineer dated October 20, 1968, .relating to the vacating of the two following pieces of property as illustrated on Exhibits I and II, Tract 14265 and also in subdivision 135-185. 11. Central Business District - Blue Ribbon Committee Establishment Mr. Aiassa: This is a report that the Mayor can probably enlighten the Council on, regarding the establishment of a Blue Ribbon Committee for the Central Business District and the necessary fund appropriation; as this is not a budgeted item I would like to recommend that we appropriate $ 600 . from our Blue Ribbon Committees fund. Mayor Gleckman: In reviewing this report - Mr. Menard, my interpretation of this was that a temporary Committee would be formed but the actual executive Central Business District Committee would not be made up of those people, possibly one or two, but that would exclude any elected officials and any appointed officials. Mr. Aiassa: There would be a Steering Committee ...... • Mayor Gleckman: So Council will understand, the temporary committee will con- sist of the Mayor, Mayor Pro tem, City Manager,. Public Services Director and Planning Director. And this is just what it is called, a temporary committee or a City Selection Committee for the Central Business District Committee. Are there any questions or comments? Councilman Lloyd: I don't understand exactly what you are trying to say. - 24 - REG. C.C. 9-23-68 Page Twenty-five CITY MANAGER - Continued CENTRAL BUSINESS DISTRICT Mayor Gleckman: We are trying to set up an action commercial committee to be able to act and reach on the application of commercial enter- prises that might endeavor to embark into our present boundaries and -the members of that Committee would appoint the Steering Committee, who would be able to act in -the best interests of the City and make recommendations. Somewhere in the past minutes I believe I already received authorization from Council to make such appointments but we have now defined it to a more definite outline, so rather than proceed I recommended that we bring back to Council for their approval to proceed. The -motion I would like from this Council is that a Temporary Committee consisting of the Mayor, Mayor Pro tem, City Manager,. Public Services Director and Planning Director be appointed and continue to serve with specific purposes of selecting the Steering Committee and recommending its appointment to the full City Council. So moved by Councilman Gillum, seconded by Councilman Nichols, and carried. 12. 1970 Storm Drain Bond Issue - Priority List Motion by Councilman Gillum, seconded by Mayor Gleckman, and carried, that City Council receive and file. 13. Zoning Enforcement Procedure Manual Mr... Aiassa: This is the Special Services Officer and the Council has been commenting from time to time regarding this - we have now set the procedure and this manual will be our guide. Mayor Gleckman: This is strictly informational, I need a motion to receive and file. So moved by Councilman Gillum, seconded by Councilman Lloyd, and carried. 14. Williams, Cook & Mocine - Payment Motion by Councilman Gillum, seconded by Councilman Lloyd, that City Council approve payment for professional services in the amount of $1,000 to Williams, Cook & Mocine. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman Chappell AGENDA ITEM ADDITION: CONTROLLER RAISE 40 (Mr. Aiassa asked for the addition of this item. Mayor Gleckman consulted Council; agreed Item to be added to Agenda.) Mr. Aiassa: As you know I held over the raise we granted in January to the Controller which was to be effective June 1 and at that time extended it to November. I would now like to recommend his raise, but extend the probation period to January 1, 1969. - 25 - REG. C.C. 9-23-68 Page Twenty-six CITY MANAGER - Controller Raise - Continued So moved by Councilman Gillum, seconded by Councilman Lloyd. Motion carried on roll call vote as follows: AYES: Councilmen. Nichols, Gillum, Lloyd, Mayor Gleckman • NOES: None ABSENT: Councilman Chappell THE CHAIR DECLARED A 5 MINUTE RECESS AT 10. 15 P.M. COUNCIL RECONVENED AT 10:20 P.M. CITY CLERK 1. 1 Request for Permission to sell Girl Scout Calendars by Spanish Trails Girl Scout Council (Nov. 22 - Dec. 16, 1968) Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that City Council approve request, as in previous years, for the Spanish Trails Girl Scout Council to sell calendars from November 22 to December 16, 1968. 2. ABC Application for transfer of Off -Sale License of Carmen D. Briano, Oasis Liquor, 1452 W. Puente Avenue. Motion by Councilman. Nichols, seconded by Councilman Lloyd, and carried, that City Council approve a No Protest on ABC Application of Carmen D. Briano - Oasis Liquor at 1452 W . Puente Avenue. 3 Postponement of West Covina -Walnut Water CompanyHearing - PUC Motion by Councilman. Nichols, seconded by Councilman. Gillum, and carried, that City Council receive and file. 4. PUC Hearing - Southern California Edison Company - 9/25/68 Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that City Council receive and file. 5. PUC Opinion on San Gabriel Valley Water Company request for rate increase Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that City Council receive and file. •---------- 6. Request by -San Gabriel Academy of Seventh -day Adventists to permit students to sell peanuts and candy from 11/18 to 12/6/68. (City Clerk advised that this has been customary in past.) Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, that City Council grant permission to the San Gabriel Academy of Seventh -day Adventists to sell peanuts and candy from 11/18 to 12/6/68, having had precedent through prior year permission. - 26 - REG. C.C. 9-23-68 Page Twenty-seven J • CITY TREASURER Motion- by Councilman Nichols, seconded by Councilman Gillum, and carried, that the City Treasurer's Report for the month of August, 1968, be received and filed. MAYOR'S REPORTS DESIGNATION OF VOTING REPRESENTATIVES FOR LEAGUE ANNUAL MEETING ON OCTOBER 13 - 16 1968 Mayor Gleckman: This is a request by the League asking us to designate a voting member and a delegate. Councilman Lloyd: I would think the Mayor - automatically would be the voting member. Mayor Gleckman: Alright; and the Mayor Pro tem is going to attend and he will be the delegate. So moved by Councilman Lloyd, seconded by Councilman Nichols, and carried. RESOLUTION NO. 3885 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, COMMENDING JOHN KASNETSIS FOR HIS SERVICES TO THE CITY OF WEST COVINA. " Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, NOES: None ABSENT: Councilman Chappell Gillum, Lloyd, Mayor Gleckman RESOLUTION NO. 3886 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, COMMENDING HOWARD BOWMAN FOR HIS SERVICES TO THE CITY OF WEST COVINA." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd, that the City Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, NOES: None ABSENT: Councilman Chappell Gillum, Lloyd, Mayor Gleckman - 27 - REG. C.C. 9-23-68 Page Twenty-eight PROCLAMATION FIRE PREVENTION WEEK October 6 - 12, 1968 There being no objections by Council, Mayor Gleckman so proclaimed. • --------- FUND APPROPRIATION FOR LEAGUE CONFERENCE Mr. Aiassa: Normally Council authorizes $125 � 00 but this time it does not require overnight stop and I believe $75.00 would be sufficient for a 3-day attendance. Mayor Gleckman: Why don't we set a maximum of $65.00 - I would like to get some economy in government underway. (Discussion Followed by Council) Motion by Councilman Lloyd, seconded by Councilman Nichols, that City Council approve an appropriation of $75.00 for each Councilman attending the League of California conference. Motion failed on roll call vote as follows: AYES: Councilman Nichols, Lloyd NOES: Councilman. Gillum, Mayor Gleckman ABSENT: Councilman Chappell Motion by Councilman Gillum, that Council approve an appropriation of $65.00 for each Councilman attending the League of California conference. Motion died for lack of a second. Motion by Councilman Lloyd, seconded by Councilman Nichols, that City Council approve an appropriation of $75.00 for each Councilman attending the League of California conference. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman Chappell. Councilman Gillum: Mr. Mayor - are there provisions made for the Commissioners, City Attorney and other people wishing to attend? Mr. Aiassa: We have not had a request from them, but if they go they will probably go with staff members. Normally we would authorize an expenditure if they were to stay overnight but in this case it is not necessary. Mayor Gleckman: If they have the funds in their budget that is between the City • Manager and them. COUNCIL COMMITTEE REPORTS Councilman Lloyd: I have a letter from Pacific Air Transport wherein they request that Council support them in connection with their Public Utility hearing set for September 30th. They intend to initiate flights from San Francisco to the Bay areas and they point out that Long Beach is in our area and would therefore appreciate our support. My immediate reaction is No Objection to it, and therefore I suggest a letter saying they have our support to it. - 28 - REG. C.C. '9-23-68 Page Twenty-nine E COUNCIL COMMITTEE REPORTS- -Motion by Councilman Lloyd, seconded by Councilman Gillum, and carried, that City Council issue a letter of support to the Pacific Air Transport in their request to the Public Utility Commission :hearing on September 30th. Councilman Gillum: I have one thing to report. There is a portion of our City served by the Municipal Water Company of Covina and the citizens are in arms over the fantastic water rates. They have scheduled a meeting for Thursday night at a school and have invited the representatives from the Covina water district and. Suburban Water and asked me to attend, representing this Council. I have told them I would attend but would have to convey the request to Council for their approval.. I do feel these people should have representation of the Council. At the moment the people have heard that the representatives from the City of Covina will not attend. This concerns me and I have asked Mr. Aiassa to set up a meeting between myself and the members of Covina council and the Water Company. Unfortunately we cannot get together until October 3rd . If Council has no objection I would like to attend this meeting and bring back the information from the meeting to Council. It is a serious problem. Councilman Nichols: As far as I am concerned you are to be highly commended for taking the initiative in this area . I don't believe I could speak too strongly to express my own feelings of concern over the fact that large numbers of West Covina families are being very heavily penalized on their community systems for the reason :fhey happen to live in the wrong place. I don't know what the answer is, but I hope someone can come back with an answer. • If such an answer would happen to involve the City going into the water business and setting up a Water District with reasonable rates, I would be in favor of it. (Explained his water bill in comparison with that of a man living in the Covina Water District.) Councilman Gillum: I have seen a $50. water bill for a two month period, and I understand the large commercial areas serviced by Covina are on a flat rate, and I believe this is discrimination against a homeowner on a meter. I hope an agreement can be worked out by the two cities to the satisfaction of all parties involved. Mr. Wakefield, can the City of West Covina in anyway condemn that portion of Covina's water system which is in our City limits for the betterment of our citizens? Mr. Wakefield: There is no basis upon which the system in the. City of West Covina could be condemned but the City might negotiate for its acquisition and acquire from the City of Covina, if it had some source of water to service the customers, Also you could parallel the system. Councilman Lloyd: I think that while there is a tremendous concern - I had a chance to chat with several people today regarding this at Covina. City Hall and it would appear that there is a real . desire on the part of some of the elected officials to find an immediate and rapid solution. Several things were suggested where they would be willing to work out on a meter exchange or sell outright in some of the areas involved. They recognize the unfairness of some of the inconsistencies that exist, so I think that a solution is readily at hand. I think the people are willing to talk. Councilman Gillum: Let me say this to clarify. They are willing to make a meter swap. I have been working on this for about a month now and the last indication from them .is they are not willing to sell - 29 - REG. C.C. 9-23-68 Page Thirty COUNCIL COMMITTEE REPORTS - Continued to one purveyor in the area. These are details which I hope will be brought out at the meeting Thursday night. (Discussed in further detail) Mayor Gleckman: Are you going to have representatives from the City of Covina? Councilman Gillum: We requested them but we have been advised that the Director of Water will not attend. Mayor Gleckman: I would like to know when you have this meeting and where, Mayor Haven said to me over a month and a half ago that he would be glad to trade meters for meters with Suburban Water and I discussed this with Councilman Gillum and he was going to take it a step further.. If there has been any deterioration on the part of the City of Covina I would like to know, because of the conversation that I had with Mayor Haven, and I would be glad to take this back to the City of Covina, rather than attack ':this situation from a point of view that they are soaking our residents, etc. I think if they are willing to sit down and discuss and show the willingness to do this and solve this problem, that we should be willing to sit down and discuss in an orderly manner, and if we can't do it then I would wholeheartedly support the suggestion of Councilman Nichols that we go into the water business and supply those people with the fair share they are seeking and are entitled too. Councilman Nichols: Mr. Mayor - your statement is well put and I do hope we progressively pursue an answer. • Councilman Gillum: This I assure you - Mr. Nichols,. is what I am doing and will continue to do. Mayor Gleckman: I have one thing to remind Council of and that is the Sister City Foundation is having their dinner at the E1 Poche's Wednesday night at 7 < 3 0 ,p . m . instead of Thursday. I met with the people today that are visiting from Toluca and I would like to see more people attend, if possible. I would also like to get this notice in the papers and that the public is invited. DEMANDS Motion by Councilman Gillum, seconded by Councilman Nichols, that City Council approve demands totalling $401, 433 . 92 on Demand.. Sheets C603 through C605 and Payroll reimbursement sheets. This total includes time deposit in the amount of $100,000. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: Councilman Chappell • -------- Motion by Councilman. Nichols, seconded by Councilman Lloyd, and carried, that this meeting at 10:45 p.m., adjourn to October 21, 1968, at 6 P.M. APPROVED: �/ / j�f ATTEST: MAYOR CITY CLERK - 30 -