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11-25-1968 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST C-OVINA, CALIFORNIA NOVEMBER 25, 1968. The regular meeting of the City Council was called to order by Mayor Leonard S, Gleckman in the West Covina City Council Chambers at 7:30 p.m. The Pledge of. Allegiance was given by. Councilman .Nichols.. The invocation was given by the Reverend"Edgar A. Doering of the Shepherd of the Valley Lutheran Church. R-O LL CA-LL---- - Present: Councilmen. Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman Also'Present: Lela Preston, City Clerk George Aiassa, City.Manager H.-R.-Fast, Public Service, Director George Wakefield, City Attorney -0wen,Menard, Planning Director George Zimmerman, Ass't. City.Engineer Patrick Rossetti, Assessment Engineer APPROVAL OF MINUTES - November 12, 1968 - Approved as corrected. • Councilman. Nichols: On. Zone Change Application 405 roll call vote of the Council should reflect a "no" vote for Council- man Nichols. Mayor Gleckman: A reference to`Mrs. as "Mrs. Gombert". Mrs. ""Gombert. " Gombert is later on referred to This should be corrected to Motion by Councilman, Gillum, seconded by Councilman Lloyd, andcarried, that the Council minutes of November 12, 1968, be approved as corrected. PRESENTATION OF FLAG.TO CITY A presentation.of a flag to the City was made by. Mrs. Robert Nordstrom, 2051 Cortez, West Covina. Mrs. Nordstrom stated that a member of the U,.S. Air .Force recently visited with them and on a tour of the -Community Youth Center noticed there was not a flag displayed in the Center and offered to send one. The flag was now being presented to the City. Mayor Gleckman thanked Mrs, Nordstrom. •CITY CLER7K'S REPORTS AWARD OF BIDS - —Phi-0JECT_ S-P-68007 and LOCATION: Glendora Avenue and Service PROJECT SP-69003 Avenue improvement and storm drain project. STREET IMPROVEMENT 1911 ACT, SHORT FORM - The City, Clerk advised that 7 bids were received in the ,office of the City Clerk at 10 A. M. on Wednesday, November 20, 1968. All bids were found to be accurate: -1- REG.. C.C. 11-25-68 Page Two CITY CLERK'S REPORTS - PROJECT SP-6800.7 &-S-P-69003 Continued Rush. Engineering, Inc. $393, 896. 15 Griffith Construction $396, 341.47 Vernon Paving $410:: 245.96 Strecker Construction .Co. $412, 576. 66 Brutoco Engineering Inc. $437, 441. 76 Sully -Miller Co. $447, 849. 43 F . W . Richter $466, 971. 18 Motion by Councilman Gillum, seconded by Councilman .Chappell, that the total, sum bid of Rush Engineering of South El Monte for $393, 896. 15 for Project SP-68007 and Project SP-69003 be approved, and that the Mayor and City Clerk be authorized to execute an agreement with the said Rush Engineering Construction, Inc. , for the work. Motion carried on roll call vote as follows: AYES: Councilmen. Chappell, Nichols, Gillum, . Lloyd, Mayor Gleckman NOES: None ABSENT: .None TRACT 21886 LOCATION: North side of Cameron Avenue, STREET, SANITARY'SEWER & west of Hollenbeck Street. STORM DRAIN IMPROVEMENTS LLOYD E. MOEN CONST. • INC. Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, accepting street, sanitary sewer and storm drain improvements in,Tract 21886; and authorizing the release of the Western Casualty and Surety Company performance bond -No. 352715 in the amount of $13.,,0.00. 00. -RESOLUTION NO. 3905 The City. Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE -.CITY OF WEST COVINA, AUTHORIZING THE EXECUT1.ION OF A GRANT OF EASEMENT TO GENERAL TELEPHONE COMPANY OF CALIFORNIA FOR UTILITY PURPOSES." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by.Councilman Gillum, seconded by Councilman Lloyd, that said Resolution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen,Chappell, . Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None • RESOLUTION NO. 3906 The City. Clerk presented: ""A..RESOLUTION OF THE.CITY COUNCIL OF THE C'.ITY OF WEST COVINA, ADOPTED ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DR.ECTM THE RECORDATION THEREOF (JAMES KINTZEL - PROJECT SP-68001)." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. - 2 - REG. C.C. 11-25-68 Page Three CITY CLERK'S REPORTS RESOLUTION NO. 3906 - Continued Motion by Councilman Gillum,. seconded by.Councilman,Chappell be adopted. Motion carried on roll call vote as follows: AYES: Councilmen _Chappell, Nichols, Gillum, Lloyd, NOES: None • ABSENT: None RESOLUTION NO. 39-0-7 ADOPTED that said'Resolution Mayor Gleckman The City Clerk presented: "A RESOLUTION OF THE. CITY COUNCIL OF THE, CITY OF._WEST. COVINA, REDESCRIBING THE BOUNDARIES OF THE WEST COVINA SEWER MAINTENANCE DISTRICT. " Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman, Lloyd, that said'Resolution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen. Chappell, -Nichols, . Gillum, Lloyd, Mayor_ Gleckman NOES: None ABSENT: None PLANNING COMMISSION . Review Planning Commission Action of,November 20, 1968 Motion by Councilman Gillum, seconded by Councilman, Lloyd, and carried, to accept and file Planning Commission action of November 20, 1968, CITY ATTORNEY ORDINANCE.INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF -WEST; COVINA, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS .TO REZONE CERTAIN PREMISES (Zone Change No. 405 - J. N. Nottingham)." Motion by Councilman Gillum, seconded by. Councilman Chappell, and carried, to waive further reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Chappell, . and carried, to introduce' saidi ordinance. ORDINANCE NO. 1065 The. City Attorney presented: "AN ORDINANCE .OF THE CITY COUNCIL ADOPTED OF THE.CITY OF WEST COVINA, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES (Zone Change No. 403 - James E. Myers, .Jr:) Motion by Councilman Gillum, seconded by Councilman: Chappell, and carried, to waive further reading of the body of said Ordinance. Motion by.Councilman Gillum, seconded by Councilman .Lloyd, Rio adopt -said Ordinance, Motion carried on roll call vote as follows: AYES: Councilmen, Chappell, Nichols, Gillum, .Lloyd, Mayor Gleckman ABSE1,N: None - 3 - -REG. C.C. 11-25-68_ Page Four "'"ORDINANCE .NO...1-066 ADOPTED USESPERMITTED BY VARIANCE OR .The -City-.Attorney presented: "AN"ORDINANCE .OF THE CITY. COUNCIL OF THE CITY OF WEST COVINA, RELATING TO SIGNS IN CONNECTION WITH UNCLASSIFIED USE PERMIT (Amendment No. 93)." • Motion by.Councilman Gillum, seconded by Councilman Lloyd, and carried, to�waive f urther reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman. Lloyd, that said Ordinance be adopted, Motion carried on roll call vote as follows: AYES: Councilmen.Chappell, .Nichols, Lloyd, :Gillum, .Mayor Gleckman NOES: None ABSENT: None (ITEM 12 - The.City Clerk advised that Mr. Garvey representing a property owner in connection with the Eckerman Avenue cul de sating telephoned and asked when this item would be on the agenda and he was advised it would be about 9 p. m. As Council is now ahead of schedule the City Clerk requested if it would be possible to hold this over;) Mayor Gleckman: I have no objections if Council does not, but I would appreciate it and I believe Council would also, from here on out if you will advise people that you have no idea of the time and that the meeting starts at 7:30 p.m. Since this information has been passed on I think we are kind of obligated to hold this over until 9 p, m. • Motion by. Councilman .Gillum, . seconded by Councilman Lloyd, and carried, that Item 12 be held over until later in the evening. RESOLUTION NO. 3908 The City.. Attot'ne_y;pre.5ented: "A RESOLUT ION OF THE CITY.COUNCIL ADOPTED OF THE CITY OF WEST COVINA, DENYING A REQUEST FOR A VARIANCE (VARIANCE.NO. 631-'Urich Oil- Company)." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution, Motion by Councilman,Gillum, seconded by Councilman Chappell, to adopt said Resolution, Motion carried on roll call vote as follows: AYES: Councilmen .Chappell, Nichols, . Gillum, . Lloyd, Mayor Gleckman NOES: None ABSENT: None RESOLUTION NO. 3909 The City Attorney, -presented: "A ,RESOLUTION OF THE CITY COUNCIL • ADOPTED OF THE CITY OF WEST COVINA, DENYING A REQVEST FOR A ,VA,RIANCE.- (Variance ,No.r-630 Lawrence and Helen Jones) Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by.Councilman Gillum, seconded by Councilman .Lloyd, that said Resolution be adopted. Motion carried on roll call vote as follows: .A YES: Councilmen .Chappell, Nichols, Gillum, . Lloyd, . Mayor Gleckman NOES: None ABSENT: None 4 - REG..C:C. 11-25-68 Page Five CITY ATTORNEY - Continued RESOLUTION.NO. 3940 The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA, URGING . THE LEGISLATORS OF THE .UNITED STATES AND THE.STATE.OF CALIFORNIA TO SERIOUSLY CONSIDER. STRICTER STANDARDS CONCERNING THE .CROSSING OF THE UNITED STATES- MEXICAN .BO.RDER .BY MINORS." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman .Gillum, seconded by Councilman Lloyd, to adopt said Resolution, Motion carried on roll call vote as follows - AYES: Councilmen Chappell,, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None ABATEMENT OF NOISE (Request by Mrs, Joanne Wilner Mr, Wakefield: This is simply an informational item that comes back to Council after a reference to staff. It relates to a complaint with respect to noises arising from the operation of certain kinds of vehicles on private property. In checking into the matter I found the California Vehicle Code now prescribes specific standards for noise emissions from various vehicles required to be registered under the Vehicle Code, The State has preempted the field in that particular area. Motion by Councilman. Gillum, seconded by Councilman .Lloyd, and carried, that this information be directed to Mrs, Joanne Wilner in a letter informing her the State preempts this area and therefore we have no jurisdiction over it, CITY MANAGER L. BUSINESS LICENSE ORDINANCE - Modification &.Revision The City Manager asked that this item be held over until the meeting of December 16, 1968, because of two technical matters on vending machines, still to be resolved. Motion by. Councilman Gillum, seconded by Councilman ,Lloyd, to hold over to December 16, 1968, meeting, Councilman Gillum: I am wondering if we should hold this over to a study session. There are some changes in here that we might possibly have some complaints on from businesses in the community and I would like to delve further into it to gain the Council's feelings on it, Mr, Aiassa: The only problem is this is an emergency ordinance but if we have the first reading on the 16th and the second reading on the 23rd - we might be able to do this, Mr, Wakefield: That would be appropriate. Mayor Gleckman: If Council has no objection - we can set forth this matter for a study session and introduction of the Ordinance on the 16th of December, - 5 - REG. C.C. 11-25-68 Page Six CITY MANAGER (Item 1) Continued • Councilman..Lloyd: How much time do you interpret will be taken up by a study session? Councilman. Gillum. The last time we go into this we went two or three study sessions on the overall business licenses, Mainly.I think there are two or three areas that I am not happy with and I believe it will take at least an hour or longer, Mr, Wakefield. Mr. Mayor for the benefit of the Council, there have been inquiries concerning certain provisions of the Ordinance and they relate primarily to the vending machine fees prescribed. There is also �a provision provided -for in the contractors licensing provisions and this was a matter of considerable concern before the first of last year,. as Council will recall. Now hopefully those problems have been resolved but there are still s-©me problems with respect to the vending machine provisions, Councilman.Nichols: . Perhaps Councilman Lloyd could express his reasoning on the question with regard to time - I didn't quite get his point? Councilman. Lloyd: I just feel these things can be incorporated in other meetings and that we are being pushed into some of these study groups and when asked I think we should be advised as to what it is going to involve in time. Mayor Gleckman: We have a motion scheduling for the 16th of December, any further comments? Motion carried, HEARINGS STREET IMPROVEMENT DISTRICT ..AD-1-67 BARRANCA STREET - PROTEST HEARING AND CONFIRMATION OF .ASSESSMENT (191 1 ACT) Location:. Barranca. Street from. Cortez Street to South Garvey Avenue, Mayor Gleckman: Madam City Clerk�do you have the affidavits of publication, posting and "mailing? City Clerk. Yes, .I do, Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that the affidavits of publication, posting and mailing be received and filed. Mayor- Gleckman: Madam City Clerk have you received any written protests or objections against the assessment for the improvement as constructed, City Clerk: I have one written protest from .Mr. Peter Bommarito, 524 South Barranca Street, West Covina - (read Letter) R-EG.: C,.C. 11-25-68 Page Seven HEARINGS - BARRANCA STREET - Continued THIS IS THE TIME AND PLACE.FOR THE PUBLIC HEARING. Mayor Gleckman: Is there anybody in the audience that wishes to • speak to the written protest? Peter Bommarito They took all the dirt and put it on the corner lot 524 South Barranca saying they would level it out and this they have not West Covina done. The driveway was .to be a.two car width to ..the garage. It is now 40" short. Then they put it fr"om the driveway to the street and angled it off, but it doesn't look very good. It is- also wavy, Mr. Zimmerman: I have a copy of the letter from M. Bommarito and the City Attorney and I have gone out and talked to him on several occasions.. The City Attorney has gone out within the last week or two and can speak to the issue, perhaps I should defer this to him. Mayor Gleckman: First how about speaking to the issue of the complaint with regard to tire marks, etc. Mr. Zimmerman: The driveway was moved northerly at his request as part of the reconstruction of the street. The widening was necessary to rebuild the entire driveway and at his request was moved, The driveway that exists now is at least 14' wide which is somewhat wider than it was originally. On that basis we have felt, and as far as we knew until just recently, we had met all the requirements that Mr. Bommarito requested. As far as the levelling of the road this was an agreement between Mr. Bommarito and the contractor that the City was not a part to. The project had excess dirt and it was a convenience to the contractor to be able to dump this excess dirt immediately adjacent to the right-of-way with his permission, on Mr. Bommarito's property, This was a deal directly between Mr., Bommarito and the contractor. We knew it was going on but we did not specify how the dirt was to be placed, Mayor Gleckman: Mr, Wakefield, do you have anything to add and do you have a copy of the letter that was alleged to be sent to Mr. Bommarito - and would you read it into the record,. please. Mr. Wakefield: Dated 1 1 - 18-68 and addressed to Mr. Bommarito: "I have been advised by the City Engineer of the .City of West Covina that the contractor on the Barranca Street project has completed hiss work and removed his equipment from the job site, Under the circumstances there is nothing further that the City can do to assist in resolving your complaint about the work which was done by him upon your private property. May I suggest that you contact the contractor directly and see if it is possible to arrive at a .mutually satisfactory resolution of the remaining problems," Mayor Gleckman: Mr. Wakefield - legally have we complied with all the obligations that have been made in writing and any obligations made orally by the staff? Mr. Wakefield: In my opinion the City has complied with its obligations under the contract. The reconstruction of the driveway was work done on private property but it was undertaken as part of an improvement project. Mr. Bommarito is in disagreement with the staff concerning the width of the driveway. As the City Engineer has indicated the driveway was constructed apparently to the width -7- REG. -C..C. 11-25-68 Page Eight HEARINGS BARRANCA- STREET - Continued originally specified as far as the contract is concerned, Mayor Gleckman: Thank you, Is there anyone else in the audience that would care to make an oral protest in regards to the Barranca Street improvements assessments? "Mr, Bommarito: I was told verbally that the driveway would be the same width as the one going to my garage, Mayor Gleckman: By whom were you told? Was it staff or the con- tractor ? Mr. Bommarito: I talked to the staff. I have nothing to do with the contractor, The boys fixing the street asked me and I told them they could put the dirt there as long as they leveled it'off; It was not a contractor I talked to Mayor Gleckman: Thank you, Is there anyone else in the audience that would care to make an oral protest? PUBLIC HEARING CLOSED, COUNCIL. DISCUSSION. Councilman Nichols: There are obviously some points that have been brought out in protest - exactly what I am not sure, whether it is over the work done on the official • project I am not sure. But there are some unresolved areas of concern. The citizen testifies that "some member of the staff'' whom I am sure he can identify at the proper time - - he was given to believe that a certain width would be applied to his driveway and he states he did not get that, _ He states also his wdriveway is wavy, The inference being that the installation was substandard or an inadequate installation. Then he states most recently that the gentleman with whom he talked in regards to the depositing of dirt on.his..pro.perty was not the contractor but a member of the staff to whom he gave permission for this work, Some how I believe this should be resolved, •If not this evening, it should be followed up independently of the general project, Mayor Gleckman: Mr, Zimmerman in handling this project the normal procedure in anything that we do or are responsible to do, do we give a contract of any type to the people as to what improvements we will be responsible for-? Mr. Zimmerman: If requested we do give them a written letter covering what is involved, On many occasions it covers everything and on other occasions it does not, Mayor Gleckman: To your knowledge Mr, Zimmerman, .specifically speaking to Barranca, did we have a situation like this with anybody else.'s driveway as far as redoing it, not moving it, but redoing it? Mr, Zimmerman: Yes, There were at least 3 other driveways which were improved or worked on behind the property line on private property because of the widening of the street which necessitated a change in grade, Mayor Gleckman: Can you tell me how wide ? - Do we have a rule of thumb, or just what they had before, or how? Mr, Zimmerman: As I remember in all the other cases they were paved or black topped and we made the width that - 8 - REG. C.C. I 1-25-68 Page Nine HEARINGS - BARRANCA.STREET - Continued was existing on the property. In Mr;:Bommarito's. c•ase:..we:took out all of the length of the driveway so we didn't match any particular width of driveway at that location. Mayor Gleckman: Did we put back as much as we took out? Mr. Zimmerman: Yes, Mr. Mayor. Councilman Lloyd: There wars an interesting thing that comes up here and I will brief the Council so they might remember. I first associated with this project, with Mr. Aiassa's permission, about two years ago and I have a pretty good appreciation of what went .on here and I might say I am most delighted with the final results of the widening of Barranca. I think in the final analysis what has been achieved here is that we ­are -not going to have the dea,th.of,some-youngster_,on,,_our; hands,; because of the need of going up some narrow difficult road. The South`Hills High .'School is located south and Barr anca....Streets leads up to it and we now have good side- walks and wide streets leading up to it for the protection of youngsters going to and from school. There is, however, an .injustice in this case and it involves three people .- Kitt,. -Boyd and Berkman. I am sure there is nothing we can do to relieve this. The streets belonging to Kitt, Boyd and Berkman, all had streets widened and all had curbs, gutters and sidewalks in front of them and these people are facing double jeopardy since they have already paid for the improvements once when the permit was given to widen the street or whatever it is they give, and now they are being asked to pay for it again under the 1911 Act. I would like to ask the City Attorney is there anyway that we can achieve some relief for these people since they . paid for it once and installed it and now they are being asked to pay for it again because some people along that street refused to handle, in my opinion, their obligations? Mr. .Wakefield: I am not familiar with the situation as it existed previously but if the property owner had placed improvements on his own property in front of his place which were able to be incorporated in the proceedings then he would receive credit for the work previously done. -Perhaps the engineer on the project or the assessment engineer can indicate whether that was the case here. The assessments on each of these properties is Item 16-17-18. One is $228.39, the other $198,60, an, d the other $213, 49 - which are among the lower assessments on the street. So I think we should inquire of the Assessment Engineer as to whether or not their previously existing improvements were or were not incorporated in the project. Mr. Rossetti: I think what comes up here is what we have dis- cussed on previous projects and that is whenever you have an acquisition cost, even though the property was dedicated, and in this case the properties were dedicated, . so the cost of acquiring the pieces we needed to establish an 80' right-of-way must be borne by all of the people, whether they dedicated or not. However, in this case ;those that dedicated we did give credit too, however they must bear some of the burden of about. $18, 000 that we had to lay out for the acquisition cost of four parcels of land. The people who did give dedication were assessed at $2.48 per assessable front foot whereas those that did not give dedication were assessed at a 5 to 1 ratio paying $12, 00 plus per foot. So we did give credit. We appropriated the entire cost for acquisition only then we did give 8016 credit to all those people who had given some . So everybody is not paying the same on the acquisition cost. Councilman ,Lloyd: You understand, of course, that these people had already put in the widening of the street and paid for curbs, gutters and sidewalks. I see, personally, an inequity in this. I don't think I can change it but I am saying there is something wrong with our system when we make a person pay double just because - 9 - REG.. C.G. 1-1-25-68 Page Ten `HEARINGS - BIRRANCA STREET Continued they live on that street. These people, in my opinion, are being unfairly treated and I would like to find some relief if I could. If not, then I will go- along with it. Councilman.Chappell: There looks like there are more than three. The • school also is involved. Mayor Gleckman: Mr. Wakefield - does the State law come into this at all? Mr. 'Wakefield: The,.State law comes .:in only to the extent in the absence of a specific protest from the property owner in connection with a confirmation of the assessment, .there is no jurisdiction of the City Council to do anything about the proceedings at this .point of time, The steps should have been taken at the time of adoption of the resolution of intent, if anything was to be done concerning this particu- lar kind of problem. Councilman,. Lloyd: I would remind the Council that some of these people did point out this problem when .Mr. -Fast and I met with the school officials and some of the other people they did say that it didn't seem quite right to them that they would have to pay twice for it. We discussed it - would you bear me out on that Mr, -Fast? Mr. Fasts Yes, I made an appearance before the Covina Unified School District and explained the ramifications of the 1911 Act, Several of the gentlemen on the Board were familiar with the matter of assessments, both direct insofar as benefits versus indirect benefits. It was explained to them that the assessment that would be made to the School District or other properties who had already dedicated and put in improvements, that the project as a whole based upon court rules and precedence required that certain indirect benefits be spread to those properties that already have improvements in and .those that do not have :improve- ments will also be assessed for direct benefits and the Board at that time expressed a desire that a cooperative project be attempted first, This attempt was made, Councilman Lloyd: What were the results of that? Mr. Fast: No one chose to go along with the cooperative plan. Councilman Lloyd: Then in reality because of th.e'.Iack of cooperation these people are paying for what they already had, I realize we are probably preempted by some. State action here but nevertheless citizens of this city are really paying double and I draw the analogy to buying water pipes when nobody uses them, but even that was more understandable then this where we are asking citizens to pay for what they already have. I don!t know the solution but before going further -into I would like tome sort of study on it. At least then I will have the right to tell these people we are sorry and we cannot do anything about it, but we did take the time to go into it, and I would make a motion to that effect. Mayor Gleckman: First - we have a protest before this Council and the protest has to do with the letter and oral testimony of Mr. Bommarito. Councilman Nichols: I would like to direct a question to Mr. Zimmerman. Did you have the opportunity to inspect the completed driveway and would you care to comment on the driveway being wavy or ;somehow improper ? 10 - REG. C.C. 11-25-68 Page Eleven HEARINGS BARRANCA STREET - Continued Mr. Zimmerman. I am not aware that the driveway was wavy. I don't recall in inspecting it that I noticed it being wavy and I have gone by it many times. This is the first I am aware of Mr. Bommarito's discussion, so I was not aware of it. Mr. Fast tells me that the testimony of Mr. Bommarito was to the effect that the bank was wavy and not the driveway. *Councilman Nichols: Mr. Mayor - I have absolute confidence in the integrity of the staff but I think there is a question raised that should be re- solved, it won't in any sense prejudice my position in this matter, but I would like to ask the concurrence of the Council that the staff look into these two areas - that the finished job was defective in someway and that a staff member at some level did in fact authorize'the deposit of dirt on the road, which I think would change some element of responsibility. I would like some reassurance that this matter will be pursued after this hearing. Is that a reasonable approach? Mayor Gleckman: I think it is, but the matter before us is to allow or deny the protest. Once we do that then whatever action we would de- sire we can seek by directing staff.. I agree it is very difficult when we get a letter of protest and an oral testimony actually pertaining to staff that was on the job and staff is not, present so he can be confronted at this time. Maybe in the .future we should have itemized specific answers to specific complaints, rather than generalities in order for this body to make a decision, but right now we can either accept or deny the protest ..regarding -the Barranca Street project. If we accept the protest - Mr. Wakefield, if I am not mistaken, the protest being made has to be honored and the assessment cannot be correct because it would change? Mr. Wakefield: That is correct. If the Council allows the protest then what- ever deficiency exists in the work must be corrected before 10the assessment can be confirmed. As you have indicated if it is the desire of the Council to have staff look into the matter further I think it would be appropriate for the Council to deny the protest, confirm the assessment, and then make whatever instructions are appropriate to staff. Motion by Councilman Lloyd that Council deny the protest and that staff look into the matters presented further with regards to Mr. Bommarito's protest, and further they look into the possibility of some relief for Mr.. Kitt, Mr. Boyd and Mr.. Berkman. Motion seconded by Councilman Chappell. Councilman Gillum: I can support the first part of your motion but not the second part. (Discussion followed. Motion withdrawn. Mr. Wakefield advised a motion would be needed with regard to the Change Order.) Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to reduce Change Order #5 by $260. 00. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, authorizing the engineer to reduce the total amount of cost in the Resolution and to include that amount in the Assessment Roll. RESOLUTION NO. 3911 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA, CONFIRMING THE ASSESSMENT FOR THE IMPROVEMENT OF BARRANCA STREET (AD 1-67) . " Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. REG. C-C. 11-25-68 Page Twelve HEARINGS - BARRANCA STREET - Continued Motion by Councilman Gillum, -seconded by Councilman Chappell, to adopt said Resolution, . Motion carried on roll call vote as follows: AYES: Councilman Chappell, Nichols, Gillum,. Lloyd, . Mayor Gleckman NOES: None • ABSENT: None Motion by Councilman,.:Lloyd, seconded by Councilman Chappell,. and carried, that the assessments on the Barranca Street improvement as leveled against Messrs, Kitt, . Boyd and .Berkman, be reviewed and see if .there .is anything we can do to give these people relief on what I consider is a double paying situation, or any other party involved in a similar situation, "ZONE.CHANGE "NO. 404 - CITY INITIATED LOCATION: 127 , North Lang .Avenue between Garvey Avenue and Harbert Street, REQUEST for approval of a zone change from R-A (residential agricultural) to O-P (office professional) approved by Planning Commission Resolution No, 2102, Mayor Gleckman: Madam City Clerk.,- do you have affidavit of Publication and Mailing? City. Clerk: Yes, • (Mr, Menard read Planning Commission Resolution 2102 in full and explained the purpose. of the Zone Change with the use of a display map, THIS IS THE.TIME AND PLACE.FOR THE.PUBLIC HEARING. IN.FAVOR None., IN OPPOSITION None HEAR.IN,G. CLOSED. COUNCIL DISCUSSION. Motion by Councilman Gillum, seconded by Councilman Lloyd, that,.Zone Change No, 404 - City Initiated be approved. Motion carried on roll call vote as follows: -AYES: Councilman. Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None .ABSENT: .None ZONE'CHANGE NO. 407 -CITY INIT:I--A.TED LOCATION: Northeasterly corner of Glendora and Merced Avenues. 40 REQUEST for approval of a zone change from C-1 (neighborhood commercial) and O-P (Office professional) to the highest and best use approved by.Planning Commission-Resolution.No, 2.103 as follows: Area 1 (01P) to C- 1; Area 2 (C- 1) to R-3; Area 3 (O-P) to R-3, Mayor Gleckman: Madam City Clerk have the affidavits been filed? City Clerk: Yes, ('Mr, Menard read Planning Commission Resolution No, 2103 in full; explained properties involved, traded, etc, , and used a display map for this purpose, also explaining city ownership of land;) _ 12 - REG. C.C. 1-1-25-68 Page Thirteen TONE CHANGE NO. 407 -- Continued Mayor Gleckman; Let the record reflect that on the -Agenda it says the northwesterly corner and it is the northeasterly corner, • THIS IS THE. TIME AND PLACE FOR THE PUBLIC HEARING. .IN. FAVOR . None, IN OPPOSITION None., PUBLIC HEARING CLOSED, COUNCIL DISCUSSION. Councilman .Nichols: Well it would be pretty nice if everybody living in the City of West Covina had a piece of land they couldn't get settled and couldn't get rid of and they just zoned it up until they found a zone that somebody would buy. I have a little bit of a feeling that this really is what it looks like. It hasn't been so long ago, about two years, whenzoning matters in these areas were reviewed rather thoroughly and the. Planning Commission and Council thought the highest and best use for that parcel was in the .Professional and we rezoned it and then on several occasions the City put it up to sell and there hasn't been any '.takers and now we come back again and suddenly its highest and best use is in multiple housing, -Mr. Menard quite regularly has been using of late some statistics which show • almost a nonexisting vacancy factor -in apartments in our community, as one of the reasons for granting additional zoning, ..May I say that we have a great deal of vacant apartment land .in the City and if .the vacancy is that short and the need is that desperate that some of these people that have been granted multiple zoning in the last few months would build some apartments on the zoned land rather than come back and we zone still more land for multiple housing. I don't feel the need is that great for more mu-lti.ple zoning. This present. Council has granted 'more multiple zoning in the last .few months where no building .has occurred on the land, than all of the years I have been on the Council, Most recently the Council zoned another acre to R-3 on California Avenue and then we find in the minutes the proposed developer: '. hasn't even shown up to put in his Precise Plan, Another parcel of 8 or 9 acres was recently zoned to R-3 and nothing has been developed on that land either. Now we come to add still more R-3 land to our Community. I would much rather .see this need be filled before we rush to zone more R-3, Councilman Gillum: If my memory serves me correctly on some of this property there was a request for C- 1, a request for a Variance for a Service Station and additional an R-3. I at that time could not support the C - 1 nor the service station or the R-3, Looking at the adjoining property to the east I see somethinng that we are all concerned about - very deep lots, I am wondering if we are going to set a pattern for apartment development down this street to the next intersection because as we all know we have had difficulty in deciding what to do with our deep lots, I am wondering if we are going to start a trend in a easterly direction on .Merced of Apartment developments up to the next corner, I am inclined to agree somewhat with Mr. Nichols on the statement that we have in the past zoned property for multiple developments and I am also concerned that we might be setting a trend for zoning apartments all the way down and could almost rightfully so be asked for by the property owners to let then enjoy the same zoning adjacent to their property. I don't believe at this time I could support the R -3 on this property, Councilman Lloyd: Well once again we are faced with a situation that I realize the decision is ours, however I would - 13 - REG. C.C. 11-25-68 Page Fourteen 'ZONE CHANGE .NO. 407 - Continued point out we have asked five good men who serve this City as its- Planning Commission to come up with recommendations and I think these people have tried todischarge their responsibilities to the .City and the Council and the total . community. While I. don't feel the necessity to blindly follow what the Commission recommends, nevertheless I feel it is incumbent upon us to examine deeply and make sure that when we turn these recommendations down we do so for very good and sufficient reasons. There is no question in my mind that there are strong stands for multiple developing. I n fact I am personally moved by Councilman Nichols comments and I think they have merit and I know he presents them in the light of ._.born wiLsdom and real understanding of what has gone on in this City. However, I would be :remiss in discharging my responsibilities as. I see it, to ignore the fact that we have asked a professional member of our staff and a Commission to review a situation that is not new to us and have asked them for a recommendation, and.I would therefore on the face of things, even though we may have at the present moment too much R-3, I think we have a strong recommendation and barring some other .presentation of facts that I haven't seen, I would have to go along with the recommendation of the Planning Commission and I would strongly urge an "aye" vote. Councilman Chappell: One thing that does bother me is the fact of changing the zone to R-3 as Councilman Gillum brought out, we would perhaps be unable to ,justify some more zoning of R-3 in .there since there is -.no real need at this time to make this change, I would say leave it status quo until we really have some reason to make the change. • Mayor Gleckman: I haven't heard any comments from the Council regarding the zone change from C-1 And'.O-P to Area 1 - C-1. Councilman Nichols: I think that is a reasonable change. My recollection was that the Council did direct the staff to meet with the applicant and arrange some trade in property. I think that I could in zoning that, be .in agreement with the direction we asked them to follow. I don't recall any direction to the staff or Planning Commission to institute a review of the zoning of the major parcels so I feel justified in taking the position I have taken on that, but I certainly would concur in the recommendation your, citing here. Mayor Gleckman: My only comment would be - Mr. Menard the present recommendation to C-1 in Area 1 does that belong to the City? Mr. Menard: It was part of a trade and now belongs to the City. Mayor Gleckman: The area we are being asked to zone C- 1 tonight does that belong to the City or private property? Mr. Menard: Area .1 - this property has been traded from the City to the property owner of this piece of, C-1. We no longer own this piece of property. Mayor Gleckman: Has the applicant for that piece of property re- quested a zone change to your knowledge? Mr. Menard: No. - 14 - 'REG. C.C. 1 1-25 -68 Page Fifteen ZONE CHANGE NO. 407 - Continued Motion by Councilman Nichols, seconded by Councilman Lloyd, that Council grant that portion of the requested zoning which involves the change of zone from O-P to C-1 and the balance of that zone application be referred back to the Planning Commission. Motion carried on roll call vote as follows: . AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, .Mayor Gleckman NOES: None ABSENT: None 'ORXL COMMUNICATIONS -Robert Van Buren -I would like to ask Council a question. We 747 Morada Avenue received a letter from Mr. Pontow, the City -West Covina Engineer stating that we would have an item on the agenda with reference to the Grovecenter Traffic crossing, Is that item under City Manager's item Number 2 and if so are we taking it up at that time, if not I would like to know whether it should be under oral communications ? Motion by Councilman Nichols, seconded by Councilman Lloyd and carried, that City Council bring the traffic committee minutes onto the agenda at this time for the courtesy of the people wanting to comment on one of the items there in, THE CHAIR DECLARED A RECESS AT 9 P.M. COUNCIL RECONVENED AT 9:10 .P.',M. . TRAFFIC COMMITTEE MINUTES COUNCIL DISCUSSION, Councilman Nichols: Pertaining to. Item 1. I drove past the location today. Several months ago I had brought up to the Council a traffic problem on California Avenue adjacent to this same property whereby cars parking at this business location were preventing people northbound on California Avenue at Walnut.Creek Parkway from making a righthand turn.. The City did paint the curb red and installed a no parking area on the California Avenue side of this project. Now the bus stop on the Walnut Creek Parkway in fact leaves no curbside parking area for this particular business. I certainly concur that if there is no other logical place for the bus stop then that is all there is to it, but 'I wanted to ask the question if I might as to the route of the bus at that area Where does it come from when it makes that stop? Mr. 'Zimmerman: I believe the bus comes down California from the north past Center Street and turns at Walnut Creek Parkway to the east and conversely goes in the other direction. Councilman.Nichols: So the problem is there is no other area where it 0 could stop. Mr. Zimmerman: There is no other area that is not congested or does not have some problem. Mayor Gleckman: Item 2. We have a recommendation that the side- walk on the west side of Vincent Avenue between Badillo and this Center should be added and that the crosswalk should be removed immediately upon completion of the •.sidewalks. Councilman Gillum: As I recall the petition stated they wanted to eliminate the hazard and I am not sure that what REG. C.C. 11-25-68 Page Sixteen TRAFFIC COMMITTEE MINUTES - Continued was recommended here is along the same lines, Mayor Gleckman: Mr, Van Buren maybe you could clear this up for the Council and make your specific request, Mr. Van Buren: The specific request is to eliminate the hazard for the children crossing Vincent Avenue at Grovecenter. There is a traffic light at Badillo which is about a block north of Grovecenter. The problem is the children are using this crosswalk and there is no traffic guard and the cars are not stopping. There has been a minor accident there involving a child in the crosswalk and several scares, The local parents intended to petition for a crossing guard at that point and in the light of that we submitted this written communication last time, The Traffic Committee, apparently, has been familiar with the situation for quite sometime and in the meantime has made the recommendation to build the sidewalks and eliminate the crossing so the children can go north to Badillo and cross at the light at Badillo. This sounds just fine .as far as we are concerned, however, we do have a request from some of the mothers still asking for a traffic crossing guard at that light. This is the petition and the request. The only exception to the recommendation is the request for an additional crossing guard at the light at Badillo, There are possibly 86 children that will be involved in making this crossing from kindergarten to 6th'_ grade. Right now the kindergarten to 3rd grade are bused but it is very possible that the busing situation will be eliminated. Councilman Nichols: I would only respond with the thought that it would be highly unlikely that we would supply a crossing guard at a signal light. I would hate to send these people away tonight with the thought that sidewalks will be put -in and that they could be expecting concurrently with that a crossing guard. We have many such situations in the City and we do not furnish a crossing guard, but certainly in the terms.of the recommendation and the urgency of needing the sidewalk, I do think it was a wise recommendation, Mayor Gleckman: What are we talking about in time, Mr. Aiassa? Mr, Aiassa: We do have a program set up and it is done on a priority basis, we will have to request additional funds from Council and we will have to have a meeting. We do have to get guidelines first from the Council as to whether they want to go this route, Councilman Nichols: If we adopt the Traffic Committee recommenda- tion, there is a recommendation in there for immediate review, which would authorize the City Manager. Mayor Gleckman, My only thought would be the relief these people are seeking is immediate and not something that will be constructed next summer, Mr Aiassa: No, we will set the time schedule in priority to that job, Depending on, the recommendation at the next meeting - we would then have to go to bid, design sidewalk specifications, etc, Mayor. Gleckman: I agree with Councilman Nichols about the problem in a crossing guard, but at the same time I think Vincent .is as widely travelled and as often - 16 - REG.—C.C. 11-25-68 Page Seventeen TRAFFIC COMMITTEE MINUTES - Continued travelled as any street .in our community and it is a little bit unique with the amount of traffic on Vincent and they do not have sidewalks now - Mr—Aiassa, is there no way we can give them relief? I agree with the Traffic Committee recommendation but I am a littledisturbed with the time element, Mr.. Van.Buren: If may - is there anypossibility of obtaining a temporary crossing guard, At the present time the parents are doing this, Mayor Gleckman: Mr. Aiassa, how is our crossing guard program? I think this particular street and area and at this particular time requires some relief, Mr.Aiassa: I would like to suggest that`I.review the crossing guard service we have now and see if we can consider something for this area. A--s you know all the crossing guards have been provided for and we will have to revalue the program and see if we can do some changing, This will have to be done with the Chief of Police. Councilman Nichols: On Item 3 - the only thought I had was the one area were Vine Street deeps down, this has .not been improved yet and it is a rather bad area. Mayor Gleckman: What action if any has ever been taken with the County to do something with that area that has • haven't requested any action existed for so long? It is very possible if we of County that they will never do anything regarding that area. Mr, Fast: We are contemplating a joint City -County project in the summer to correct this situation, Councilman Chappell: It states in the minutes that the Police Department should continue their survelliance.. I travel that street frequently and if they are not on the street anymore than I see them, I think we should increase the survelliance somehow. This is our biggest problem in that area, Councilman Gillum: Under this survelliance they use an unmarked car with radar inside of it. They do not issue tickets from it. Mr, Aiassa: Mr, _Mayor - after the survelliance is completed if the violation is prevalent the Police Department will give that area more consideration. Councilman Nichols: One further comment in the report states `the use of radar equipment would greatly facilitate . enforcement of present laws on this and other streets in the City. " I think that is a hint that has been dropped by the Traffic Safety Committee and it is sort of in line with other recommendations they have made, I would like to see a little documentation behind that statement, because I have been one of those on the. Council opposed to the use of radar speed enforcement in the City. And if the Police Department can demonstrate to me that we would have better speed enforcement in the City with the use of radar, I might be willing to change my mind. Would it be acceptable if I requested through Mr. Aiassa, a report from the Police Department as to how they would propose that radar would improve enforcement? Mayor Gleckman: . There is nothing wrong with that request- Council- - 17 - 'REG. C.C. 11-25-68 -Page Eighteen TRAFFIC "COMMITTEE MINUTES - Continued man Nichols, (Conncil agreed,) . Mayor Gleckman: If there are no further comments with regard to the Traffic Committee minutes, a motion would be in order, 0 0 Motion by Councilman .Lloyd., seconded by Councilman .Chappell, and carried, that the Traffic Committee Minutes of the November 19, 1968 meeting be accepted and filed. ORAL COMMUNICATIONS Mrs, Barbara Antoci The question I have is regarding Cable. Commuter 2028 Cameo Vista Drive Airlines proposal of putting the STOL-Port Airport West- Covina adjacent, or in, ,or close to our City, This has been mentioned many times by other people saying that we are just looking into it, Well, if you read the newspapers report this is not so, And there are .many people in the City of West. Covina, particularly those of us that live in that portion of the City to the proposed area,, who would not only strongly object, but I can't put how strongly we would object, We don't think we need it, .or that there. -is any reason, or cause for it, We object to all the planning that seems to be going on regarding this airport without actually presenting any facts. Nobody can answer to this date .- does the :City want to own it? To buy it? Is it to be State, Federal or what? Who is going to .pay for it,_.who is going to keep it up? And no matter who you ask the questions..of,nobody knows the answers, The Airline is getting a lot of publicity, as is Mr, Lloyd, I don't feel Mr. Lloyd is in a position to represent the City and Cable Mayor Gleckman: I would appreciate that you do not include any personality, Mrs, Barbara Antoci: This isn,'t "personality''- I helped Mr. Lloyd in his campaign but I believe we have :a right to disagree,,,,,, Mayor Gleckman: The only comment I would have and that is normally we do not make any comments during oral communications, We accept what you say and leave it in the record, But in this instance - to all justification the newspapers do not run the City of West Covina, nor should the citizens be influenced by what the newspapers say,th6`C.ity'Js or is not doing. The best place to find this out is to come to this: City Council and this City Council if and when it ever does take up the subject of Commuter: Airlines per se as to whether this City is entertaining it, discussing it, or talking about it, there will be proper notification in the newspapers that we are discussing it, This Council is not aware of any proposal made by any Cable Commuter: Airlines for a STOL-Port in the City of West. Covina, The reason there has not been any facts presented 'per se to you or any other person was because the facts per se have not been presented to this City Council, My other comment would be that you are perfectly right in stepping before the microphone and relating anything you care to say. The only thing I wanted to say was that in not answering you I didn't want you to go away with the idea that we were going to do whatever we wanted to do regardless of what you said, and that is the only reason I am answering you at this time, Mrs ,., Barbara Antoci: Then when can we expect to hear the facts before you act? Mayor Gleckman: When this Council takes up the subject of a Commuter' Airline, - 18 - REG.-C.-C. 11-25-68 Page Nineteen LJ ORAL. COM-MUNICA-TIONS Continued William Henry Cofland., .Jr, Relative to Item..12 on the agenda, This has 1829-'E. Eckerman been -put over at the request of an individual, West Covina There is a point of issue that I raise as to whether or not this Council intends to open this Resolution to an open hearing at this time? Mayor .Gleckman; I might ra�llate to you as I hope was related to you in a letter from the City, that through some error in one of the City offices not all of the people that owned .property adjacent to this were notified of the public hearing that the City Council held, not by law but as a matter of courtesy, and therefore in the letters sent out to all the people it was stated that because these people had not been notified a final decision would not be made by the .Council until at least they were given the same opportunity as those who were notified of the previous hearing, William.Henry Cofland, Jr, ; Then I would like to raise an objection to this hearing on the grounds that no further letter was ever given to those people who had been previously notified that this matter was coming again before this Council. Mayor Gleckman; If there were another public hearing .I would take cognizance of what you say, but it is not a public hearing, .it is a matter of courtesy and we are not reopening the hearing. Ray Abatta We passed over our portion on the Agenda 1838 -E, Eckerman :about 7:45 p.m. because of the absence of a West Covina gentleman, He is here now and..I hope we can get it over with soon so we can go home. Ben Bateman, President I would just like to .take this minute to thank West Covina. Employees' Asso. the Council for assisting us both physically and financially at our Annual Awards Dinner -Saturday night. I think it turned out to be very well organized for the most and that most people enjoyed it. Mayor Gleckman; Councilman .Lloyd: is I would so move, RESOLUTION NO..3912 ADOPTED Mayor Gleckman; Thank you. It was our pleasure. Mr. Mayor, in view of the fact that all parties are present at this point, is it possible to change our Agenda with regards to Item H 12, and if it Motion seconded by Councilman Chappell, and carried, The City Attorney presented: "A RESOLUTION OF THE.CITY COUNCIL OF THE .CITY OF WEST COVINA, .ORDERING THE CLOSURE ,OF E(C_KERMAN AVENUE." Hearing no objections, waive further reading of the body.of said Resolution, - 19 - REG. ,C..C. 11-25-68 Page Twenty RESOLUTION NO. 3912 - Continued _Motion by Councilman Gillum, seconded by Councilman Lloyd, that said Resolution be adopted, Mayor Gleckman: Madam City Clerk, do we have some written communication? City Clerk: Yes, we have a letter of protest from.Mr, L. Butler, (Read letter of protest. ) Mayor Gleckman: Mr. Wakefield,. I understood at the start of the closing of Eckerman Avenue that there was some discussion regarding this and you said we did not need all of the property owners consent? Mr, Wakefield: There is no requirement that all of the property owners consent to the closure. Councilman Nichols: I would like to direct a question to staff to inform me as a matter of record as to what the zoning is at present on the property, the subject of the letter from Mr. Butler? Mr. Menard: The zoning is R -1 at the present time. Mayor Gleckman: Going along with .that question - Mr., Menard, we had a North .Azusa Avenue study adopted by this Council - what was the recommended zoning for that parcel? • Mr. Menard: Service Commercial, Mayor Gleckman: Any further discussion by Council? If not,.I will direct a question to Mr. Garvey, who is here to represent one of the owners? - Mr, Garvey: That is correct. It is one of the owners that did not receive the original notification, Mayor Gleckman: You understand Mr. Garvey that the hearing has taken. place and is closed? (Explained) Mr. Francis Garvey Yes, I understand. First may I submit these three letters Attorney for the record which are from tenants of the property owner that I represent. I represent Mr. & Mrs. Fred Byers, who own the property at the northeast corner of Azusa Avenue and Eckerman, the cul de sac- would terminate one route to the east of their property and they object for the following reasons: 1 - they have three tenants on the property at the present time, all of whom are having difficulty in access of the property at the present time because of the center divider'- 7 J 2 - they have some of their tenants educated to go around the block and up-Eckerman so they can get in and to close Eckerman will deprive them of that. The three letters .presented are from the tenants saying that if the situation is worsened they will move. This will constitute very likely depr6ciatlem of the value of the property. To deprive a property of access by the closing of the street notwithstanding it is within the power of the City to do so whether an objection is made or not, may result in damage to the property and a lawsuit in the nature of inverse condemnation to test the extent of that damage, the burden being of course upon the property owner to show. As I read the Resolution - briefly during the recess - it seems to me it does not take in account one thing, the specific plan presented by the Planning Department provided for a freeway of access, this Resolution merely provides for the closing adjacent to the property which I represent and probably in the future, if the plan were followed, would result in the vacation of the street. (Explained referring to map. ) This may have been adopted as - 20 - REG..C.C. 11-25-68 Page Twenty-one RESOLUTION NO. 3912 - Continued part. of the plan but no -physical-facility has been acquired and you can only acquire that property by condemnation. As a result you are depriving by the adoption of this Resolution my client of -access to a city street, which ought not to be done. (Explained) I again point out to you there is a center divider at this point; Ralph's & Zody's is -directly across the street and there is no way to get into my clients property from the north except by going down to; Rowland and making a dangerous U turn in that -,direction. In the interest of time I will not discuss this report in detail, but in the absence of providing .the loop access to it, the adoption of this. Resolution will do serious damage to my clients property in terms of material value as well as the incidental inconvenience of the tenants, and I ask you .to give this consideration in passing the Resolution. -I amquite familiar with the fact that you have almost the unanimous- petition from .the six houses on the block who are desirous of closing this off for residential purposes and.I do not deny that it is within your power to do so. I -present this protest to you because your action may result in material damage to my .property owner, which may be a greater damage ..than would occur to .the other owners .by the relatively limited use for commercial .pur-poses. -The report streeses this should be closed to avoid undesirable commercial traffic but the heavy commercial traffic is on the other side. Thank you very much for your time and consideration. COUNCIL DISCUSSION. Councilman Nichols: I believe a legal question has been raised here and I would certainly desire for myself, that we discuss this matter from that standpoint. I believe matters of potential litigation are proper subjects for an Executive Session and if that is correct, .I would so desire. MR. WAKEFIELD ADVISED THAT WAS CORRECT. ,.COUNCIL AGREED TO ADJOURN TO EXECUTIVE SESSION AT 9.45 P.•M. -RECONVENED AT 9:50 P.M. Councilman Nichols: The legal questions that were in my mind have been answered and I would call for the vote. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, .Gillum, Lloyd, .Mayor Gleckman NOES: None ABSENT: None WRITTEN .COMMUNICATIONS a.) Pacific Installers Mayor Gleckman: I think for the record you had better read into the record the letter from Pacific Installers because it wasn't taken up with Item 1 of the City Manager's agenda, or I would entertain a motion to carry over to the Council meeting of. December 16th. So moved by Councilman Gillum, seconded by Council- man Lloyd, and carried. b) Viola Gutzke regarding Street Lights Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, .that this communication be referred to staff for a report back to- Council. - 21 - R'EG..C.,C, 11-25-68 Page Twenty-two WRITTEN:COMMUNICATIONS - Continued c) Collins Watts & Go. Mr. Wakefield: Item .0 is an application for an extension of 6 months for the • pur..pose of maintaining a real estate office within the limits of a subdivision. The problem has arisen apparently because the subdivision was not sold out originally and the remaining unsold proper- ties have changed hands from time to time and the new owner -is now desirous of setting up a sales office on the property for the purpose of selling out the remaining houses in the subdivision, Our Ordinance allows for the City Council to extend for a 6 month period for the ..purpose of maintaining the real estate office in a residential zone; the time period has long since expired but as I read the Ordinance it contemplates that the Council may grant successive periods of 6 months and under the circumstances it would be appropriate for the Council to grant the maintenance of this temporary real estate office for a period of 6 months, if the Council desires to do so, Motion by, Councilman Gillum., seconded by Councilman Nichols, and carried, .that Council grant a 6 month extension period as referred to under Municipal Code Section 9219, 10, CITY MANAGER - Continued 3) SAN GABRIEL VALLEY TRANSCRIBER'S GUILD INC. Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, granting use of the new facilities effective January 20, 1969, or when the building is available. 4) GENERAL PLAN CONSULTANT - STATEMENT Motion by Councilman Gillum, seconded by Councilman Lloyd, authorizing payment of statement from Williams, Cook & Mocine for professional services rendered October, 1968, in the amount of $1482.00. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: N one 5) REFUSE DISPOSABLE SACK SYSTEM Mr. Aiassa: I would like to have this item held over.. It is a two part phase. One is with regards to the disposable sack and the other is a request for a rate increase by our West Covina Garbage Disposal Company. The present garbage and trash collector is making a bid for a rate increase and it might be now that the staff would like to make a recommendation that a change in service be made. Mayor Gleckman: Are there any comments - City Manager would like further direction - whether to pursue this matter further, Councilman Gillum: I don't know how you can actually say the equipment was given a test. It was spread all over town individually. If we are going to try and find out if this is of use to our community I think we are going to have to make a test of a complete block or two blocks and for a longer duration of time. I don't think the test given was accurate or that it was conducted in a proper way. If we had this same thing and ran it down about 4 blocks it might then tell us something. Councilman Nichols: I thought the individuals that participated in the study were quite sincere. I was prepared to change my position and - 22.- REG. C.C. 11-25-68 Page Twenty-three CITY -MANAGER - REFUSE DISPOSABLE SACK SYSTEM - Continued recommend that we install this throughout the City at once. Councilman Lloyd- Since I was one of the people participating in this study, as was afforded every Councilman, I honestly don't know if this • was the -best of all possible worlds but I do know without any reservations and I don't need any further studies to convince me of the fact, and I would assure everyone present, that. I have no involvement whatsoever in this thing - - that our City and every City in the United States is going to have to face something like this because what we are doing at the present time is using the archaic methods of any old cans, boxes or oil drums, and we are going to have to find a better solution and I am convinced that this is a better solution. Also I am firmly convinced that there are still better solutions that will come in the future. But for the present I am convinced that this will aid in both cleanliness, sanitation and convenience to the citizens of this City and I honestly believe it will save money in the long run for everybody involved. I was very much impressed with what I saw and the way it was handled and I watched on- several occasions how they handled the garbage in front of my house versus how they handled the garbage of others on the street. I think it was a valid test. Councilman Gillum: How can you say it is a valid test when the testing was spread individually all over the City? Councilman Lloyd: I think it was a valid test. We have several individuals here indicating to us , who appear to have some expertise on the subject - a councilman, homeowners, housewives, etc. We have individuals who state here in writing that they feel generally speaking it was a success and I think that is an indication of a valid test. In behavorial studies we know that one person can in many instances represent a tremendous multiple of people. I would at least urge that we don't quit right here but go forward with it. I think it is a benefit and one that we should consider further. Councilman Chappell: I used this same receptacle. but in my mind I wasn't too happy with it at all. I found that maybe we have more usage than the next person. But in my mind it just wasn't a satisfactory arrangement. When I feel I will have to buy those bags at 5 or 6 a week perhaps this right away chops my thinking of pursuing this. Councilman Nichols: Those that participated in the study have mentioned that there would be some problem involved in regard to yard debris and it would probably have to be some special pick up of those things. For the smaller household items I don't see why these bags couldn't be used and go to a dual system, using the ash cans for the other items. Councilman Gillum: Mr. Aiassa - when this system was put forth to the Council there were figures bounced around regarding the cost in large quantities for the sacks. I agree with Councilman Lloyd we have to find some solution, but I would like an area set aside in this City and this made available to the homeowners in that section. I know the next thing coming is if this is going to make it easier for them then maybe they are not justified in asking for a rate increase. I think we would be in a better position if we had a test of 2 or 3 blocks to determine if it does accelerate the pick up and makes a cleaner job. I just can't really draw a conclusion from something that has been said here, I could answer most of these questions in the same way and if we are going to recommend something citywide that people have to put additional money into, I think we need more facts. Mr. Aiassa: We have prices from two competitive agencies that will furnish the sacks . I would suggest this - if the Council wants to take another area test of a couple of blocks, I believe the people that are furnishing the bags would be happy to do so. - 23 - REG. C.C. 11-25-68 Page Twenty-four CITY MANAGER - REFUSE DISPOSABLE SACK SYSTEM - Continued Councilman Gillum: I am sure they will, but if somebody comes and asks me what this will cost, I can't tell them. I think this has to be °determined before we can say this would be a fine program to become involved in. •Mr. Aiassa: The bags run about 14� a piece - without any competition. We now have two firms wanting to provide the bags. Mayor Gleckman: I think we are skirting the issue here. First of all we don't have any type of proposal other than a usage of a disposable sack system and what the people using them thought of it. There is no comment here as to how -much it will cost, what you will need, if you need more sacks or less - - there are so many unanswered questions here - what is it you want to know - Mr.. Aiassa - whether we should look into the feasibility of it, the cost, the :usage - or what? Mr. Aiassa: Mr. Gillum answered part of our request - we would like to know whether the Council wants to experiment with the usage of sacks in greater detail. Mayor Gleckman: What is the purpose of the tests? Mr... Aiassa: Two reasons. One - the feasibility of going uniformly to the paper bag system; and two, the rate increase request. Mayor Gleckman: At what cost? • Mr. Aiassa: The cost figure will be determined as to the users involved. Mayor Gleckman: Are you saying this would be on a voluntary basis, or a citywide basis? Mr. Aiassa: Citywide. Mayor Gleckman: What would it cost the average homeowner and where are you going to dispose of 250, 000 garbage cans? Mr. Aiassa: The main thing the Council has to determine and I believe it will be required that Council take action if it so desires, that this type of disposal bag will be used throughout the City. Mayor Gleckman: May I suggest - if Council will go along with this - that you come back to us with what it will cost and what benefits it will give to the City, and then ask us if we want to continue this study? This could be the greatest thing in the world but it could be priced out of the market to us. If we are not going to be given a choice I think we should at least know cost, before we start talking. Motion by Councilman Gillum that this matter be held over until the second meeting in January, at which time we expect to have specific costs and comments regarding what •way it will help the people in the Community, and if the people that are trying to sell this to us will be present, it would be very much appreciated. Seconded by Councilman. Lloyd. Councilman Nichols: Would it be alright if the City Manager inquired about a more extensive pilot program, for at least a year. And it should be covering the rainy season, the dry season, and the time when more things grow, etc. Councilman Lloyd: In addition to what Councilman Nichols said, I think that probably where you would get the best comparative study would be to set up one route using the paper bag system, and then a route under the - 24 - REG. C.C. 11-25-68 Page Twenty-five CITY MANAGER - REFUSE DISPOSABLE SACK SYSTEM - Continued current system and make a comparative study in both time, etc. Motion carried. • 6) PROPOSAL FROM PANEL ADS OF CALIFORNIA re WASTE RECEPTACLES Mr. Aiassa: The reason that this item should be referred to staff is that it ha,s 4-way advertising and would fall under the Sign Ordinance - I would like to have tt referred to the Planning Department. So moved by Councilman Gillum, seconded by Councilman Chappell, and carried, that this item be referred to the Planning Department, with a report back at Council meeting of January 13, 1969. 7) COLLECTIVE BARGAINING WORKSHOP Motion by Councilman Chappell, seconded by Councilman Lloyd, authorizing the attendance of one staff member to the Collective Bargaining Workshop in San Francisco on December 10 and 11, 1968. And further authorizing expenses not to exceed $1-00: Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None • 8) REQUEST FOR RATE INCREASE FROM WEST COVINA DISPOSAL Motion by Councilman. Nichols, seconded by Councilman Lloyd, that this item be referred back to staff for a report and any further recommendation to the Council that staff might care to make. Councilman Nichols: The gentleman from the Disposal Company has requested a response so it can be made effective as of January 1st. We have received his request the last part of November and I think there is some element of inaccurate timing on the part of the applicant.. I don't think the City should leap on this request in order to respond within 30 days of receipt. I would think that the 27th of January is a reasonable time to go into this and come back with some informa- tion to Council. The date of January 27th accepted by Councilman Lloyd, and motion carried. CURRENT CITY RECRUITMENT Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, to receive and file. • 10) CAMERON AVENUE CURB & GUTTER IMPROVEMENTS Mr.. Aiassa: We are presently trying to negotiate with the property owners and will have a report for Council at the first meeting in December. ------------ - 25- REG. C.C. 11=25-68 Page Twenty-six CITY MANAGER - Continued 11) ANTIQUE FIRE TRUCK Mr. Aiassa: The Council has directed an amount of $100. in a account •for the Antique Fire Truck and I would like authorization to use $24. for -expenses to enter the Truck in the. Covina Christmas Parade. So moved by Councilman Gillum, seconded by Councilman Lloyd. Motion carried on roll call �o to as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: N one CITY CLERK 1) SALVATION ARMY 'Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, granting the request of the Salvation Army regarding tre use of Christmas Kettles, as in previous years. 2) ABCA PP LICATIONS Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, that •there be no protests filed regarding ABC application on Frank's Liquor Store, 602 S. Sunset Avenue and Haig's Liquor Store, 1230 W. Francisquito Avenue, CITY' TREASURER Motion by Councilman. Nichols, seconded by Councilman Gillum, and carried, that City Treasurer's report for the month of October,. 1968, be received and filed. MAYOR'S REPORTS PROCLAMATION Mayor Gleckman: If there are no objections by Council, I will proclaim the month of December as "Muscular Dystrophy Month. " No objections, so proclaimed. Mayor Gleckman: I received a report of the death in the City of West Covina of Colonel Loren. Wetherbee, who had been very active in the City in the past in establishing Civil Defense. The funeral is Wednesday and the • place is not known, but I would like to have a motion that on behalf of the City we send flowers to Colonel Wetherbee's funeral. So moved by Councilman Nichols, seconded by Councilman Gillum. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None - 26 - • REG. C.C. 11-25-68 Page Twenty-seven MAYOR'S REPORTS Continued Mayor Gleckman: For.the Council°s benefit we have had a request from a citizen in our community for several things by the staff and I have taken the --liberty to ask the City Manager and his staff, through the City Attorney, that this person who is making the request make it through the Council representative rather than • through staff, because of the time and money involved in giving the answers. Councilman Nichols: Were you get a member of the public who on these occasional circumstances becomes what might be commonly considered unreasonable in demands for information and data, would it be totally within the prerogative of the Council to direct the staff not to provide the information as a general statement, or must each respective response be handled individually? Mr.- Wakefield: Of course the records of the City are public records and are open to public inspection and a person has the right to come in and see any individual records they may desire and they have a right to make a copy or pay to have a copy made, '.but there is no obligation in law on the part of the City or Department to comp.i.le specific kinds of information for an individual. So in cases of this sort where the request is unreasonable or creates an impossible demand upon the time of the city staff, then the City is within its rights in saying "no" we cannot supply the information, you 'may come and collect it yourself. Mayor Gleckman: I have one other thing - Mr.. Aiassa, are we sending a representative to the Helicopter Study being done by the City of Covina? (Answer: Yes, we are.) This report comes from them. It was very well written. Councilman Lloyd: Mr. Mayor - Councilman Nichols has expressed it and I too would like to express my chagrin at this type of approach from an individual . I just -..want: this put in the record. Mayor Gleckman: The other thing I have is a Resolution of the City Council of the- City of Anaheim proclaiming a Proclamation authorizing the local Rotary Club to establish city advertising incorporating the 4-way test without using the name of Rotary or Rotary International, and I would request that copies of this be made - Mr. Aiassa - and put in the next mail of the City Council for any action they may desire. COUNCIL COMMITTEE REPORTS Councilman Nichols: The Council Committee looking into the matter of the STOL- PORT along with the Mayor and Councilman Chappell and representatives of the press, toured the slight facilities at the Colton Airport today and looked at the type of facilities there. This was my first opportunity to see this • type of landing and I found it quite informative. As soon as Councilman Lloyd and I have had the opportunity to compile the various types of information we have, we will be coming to Council with some general reports in this area. It will be an agenda item when we do so. Councilman Nichols: A matter came up today about noises in the community and the State having preempted. L am pretty sure it has not preempted the enforcement of the law. I am impressed by the rather tremendous amount of noises we have in our communities today, I hear these cars with the extremely loud pipes, the motorcycles that have had the mufflers removed - roaring - 27 - • REG..C. C. 11-25-68 Page Twenty-eight CITY COUNCIL COMMITTEE REPORTS - Continued around our community. I would like to request the City Manager to furnish information concerning the number of citations issued in a month with regard to the noises considered excessive noises. Perhaps we might be ableto do a little more in our Community about noises within the framework of the law. • -------- Councilman Gillum: I would like to report to Council that the Mayor and I attended the breakfast at Riverside put on by the Riverside Boosters. They were very gracious hosts and we had a very good breakfast and a fine tour of the facility.. I might report to my fellow Councilmen that our Mayor is well known to the other Mayors. DEMANDS Motion by Councilman Gillum, seconded by Councilman•. Nichols, that demands totalling $378, 441 .90 as listed on sheets B392 :and -C6.1:6 through C619 and payroll reimbursement sheet, including bank transfers in the amount of $37, 000 be approved. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None (Mr. Aiassa asked for the addition of an item. Council agreed. Mr. Aiassa asked •for permission to take the 29th of November off as a day of his vacation. There were no objections.) Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that this meeting adjourn at 10: 30 p..m. , in honor of Colonel Wetherbeee to December 2, 1968 at 7:30 p.m. ATTEST: CITY CLERK • APPROVED: MAYOR