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02-10-1969 - Regular Meeting - MinutesW MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA FEBRUARY 10, 1969. The regular meeting of the City Council was called to order at 7:37 P.M', by Mayor Leonard S. Gleckman, in the Council Chambers at the West Covina 'City -Hall. The Pledge of Allegiance was led by Councilman Lloyd. The", invocation was given by George Zimmerman, Assistant City Engineer. ROLL CALL Present: Mayor Gleckman; Councilmen Chappell, Nichols, Gillum Lloyd. Also Present: George Aiassa, City Manager. George Wakefield, City Attorney. Lela Preston, City Clerk Owen Menard, Planning Director George Zimmerman, Ass't. City Engineer H. R. Fast, Public Service Director (Arrived at 8:25) Ray Windsor, Administrative Assistant APPROVAL OF -MINUTES January 20, 1969 - Approved as submitted. • Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, that the minutes of the Council meeting of January 20, 1969, be approved as submitted. January 27, 1969 - Approved as submitted. Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, that the minutes of the Council meeting of January 27, 1969, be approved as submitted. Councilman Gillum abstained, due to his absence at the January 27th meeting. PUBLIC WORKS ITEMS 1) PROJECT SP-6444 Location: West side Sunset Avenue, RIGHT-OF-WAY ACQUISITION North of Workman Avenue. A. GORDON BOUCHER, R. REIDEL, HENRY SHINICHI OSHIRO and ROY T. OSHIRO RESOLUTION NO. 3939 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 RE- CORDATION THEREOF ( A. Gordon Boucher and Jean Boucher)." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Chappell, seconded by Councilman Lloyd, that said Resolution be adopted. Motion carried on roll call vote as follows: - 1 - a REG. C.C. - 2/10/69 Page Two RESOLUTION NO. 3939 - Continued AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None RESOLUTION NO. 3940 The City,Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA, ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF (Ray C. Reidel and Virginia Lee Reidel) Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution.:"_ Motion by Councilman Lloyd, seconded by Councilman Chappell, that said Resolution be adopted. Motion carried on roll call vote -as follows: AYES: Councilmen Chappell, Nichols, Lloyd, Gillum, Mayor Gleckman NOES: None ABSENT: None RESOLUTION NO. 3941 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA, ACCEPT- ING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF (Henry Shinichi Oshiro-and Roy T. Oshiro)." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Chappell, 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 (Mr. Menard stated that a summary of action sheet had been submitted to Council and if there were any questions he would be happy to answer. Further stated that Item 8A of the agenda referring to Tract No. 30726 (tentative) Mutual Savings and Loan Association is relative to the Public Hearing and perhaps should be considered at the same time as the Public Hearing, Item No. 5, pertaining to Zone Change No. 409. Council agreed.) COUNCIL REVIEWED PLANNING COMMISSION ACTION OF 2-5-69. City Clerk asked City Council if they would like to indicate when they would like to hear the Merced/Orange Plan and where. Council discussed and decided to hear March 17th at one of the high schools, whichever one was available. Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, that staff be directed to arrange for proper legal advertising of the Merced/Orange Plan public hearing and set for March 17, 1969, at 8:00 P.M. Motion by Councilman. Lloyd, seconded by Councilman Chappell, and carried, that Council accept and file the Planning Commission action of February 5, 1969. - 2 - REG. C.C. - 2/10/69 Page Three RECREATION & PARK COMMISSION Review Recreation & Park Commission action of January 28, 1969. (Council considered each item individually.) • Councilman Gillum: Item #9. Since I have been on Council this matter of security lighting has been at the top of the Recreation & Park Commission capital expenditures. Every year we find some reason why we cannot get involved in it yet. Mr. Aiassa: Looking at the figure - it is sizeable and we have discussed it before. If it is to be .considered again it will have to be under the 1969-70 budget. Councilman Gillum: I realize that but this is on the budget each year, and I think we are reaching a point in this community where it is necessary that we provide some adequate lighting in our parks. (Discussed in'= further detail) I would suggest to Council that we ask staff to 16ok into this and give us some concerted estimate of cost so that we may consider it seriously in the next budget. Councilman Nichols: I certainly concur in the sentiments expressed by Councilman Gillum. I felt that the action of the Recreation & Park Commission in the area of discussion was pretty pointed in terms of their own area of concern with regard to this lighting of parks. I notice that they did not • shelve it- per se, there was a motion to take up immediately and then there was a motion to wait a few more weeks to see what this was being made of with regard to the 100 park tax. I would personally like to wait the time estimated and then if nothing gets off the ground. by the Recreation & Park Commission in relation to the 100 park tax, then bring it up again. Motion by Councilman Gillum., seconded by Councilman Lloyd, and carried, that Council direct staff to return to this Council in four weeks with a cost figure to install at least a minimum type of security lighting in our park system, at least the major parks in our community. Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, that the minutes of the Recreation & Park Commission dated January 28, 1969, be accepted and filed. PERSONNEL BOARD Board Minutes of January 6, 1969 Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, _that the Personnel Board Minutes dated January 6, 1969, be • accepted and filed. Mayor Gleckman welcomed the attendance of the neighboring Mayor and his wife, 'of "the City of'Covina 'Frank �and' ShirleyTHave�rr. - 3 - REG. C.C. 2/10/69 Page Four_ WRITTEN COMMUNICATIONS a.) Letter from Dr. Henry Moghtader re: Stop Sign Mr. A.iassa: We have met with Dr. Moghtader and reviewed his problem and have increased the lighting • and taken care of the hazardous situation in that respect on one side of the street; Mr. Zimmerman reported today that Dr. Moghtader does not want a permanent barricade and that a new reflector be put at the end of the street; also the Chief of Police is going to, have the area canvassed for a week or two to see if we can stop the offenders. This seemed to meet with Dr. Moghtader's approval. Motion by Councilman Lloyd, seconded by Councilman Nichols, and carried, that the letter from Dr. Henry Moghtader regarding a stop sign be referred to staff. b) San Gabriel Valley Symphony Association Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, that the request of the San Gabriel Valley Symphony Association pertaining to a contribution be referred to staff to bring up during the budget sessions for 1969-70 budget. c) Mandrel Industries letter re; geophysical survey Motion by Councilman Nichols that the staff recommendation be accepted, to wit: City Council grant permission to Mandrel Industries to conduct a vibroesis geophysical survey along Azusa Avenue from Francisquito Avenue to the north city limits, and Grand Avenue to Cameron Avenue. Seconded by Councilman Lloyd, and carried. d) Letter from West Covina Tribune re: Brown Act Mr. Wakefield: I think the basis for misunderstanding arose from the fact that the items referred to happened to be under the City Manager's items rather than the City Attorney, but I don't think that really makes any difference. The Courts have said the Brown Act now authorizes a City Council to meet with the idea to discuss city matters. The matters discussed in the Executive Session were with regard to street dedications and in my opinion the meeting was proper and within the limits of the Brown Act. Mayor Gleckman: Mr. Wakefield, is it possible to go into Executive Session and invite the reporters in and exclude the public? Mr. Wakefield: No, the statute requires it either be a open meeting or an Executive Session and if members of the press are invited in , then it in effect becomes a public meeting. Mayor Gleckman: For the Council's information, I called Mr. Tracy regarding the letter and thanked him for keeping us on guard and informed him that the Executive Session was called by our City Attorney, who, I felt, was well versed in municipal law as well as the legistion passed by the legislature regarding the amendment to the Brown Act, and that I would bring this up on the agenda for the rest of the Council to get your oral opinion. I would appreciate, Mr. Aiassa, if a letter would be drafted, if Council agrees, to Dick Tracy, in answer to his letter, stating that we appreciate the idea of - 4 - REG. C.C. 2/10/69 Page Five WRITTEN COMMUNICATIONS - Item d - Continued receiving a letter asking us about this rather than reading about it in an article or editorial of the paper. Councilman Chappell: I would like a little more information from the City Attorney regarding the second paragraph. Mr. Wakefield: The changes that were made by the legislature at the last session generally extended the Brown Act to advisory boards and commissions that were -appointed by a City Council, but the amendments did not change the basic application of the statute to the City Council itself. Now the news media, the press and representatives of radio and TV have actively sponsored amendments to the Brown Act and have attempted to strengthen its provisions and extend them to all agencies of the government. The latest amendment was just one more extension to cover advisory boards and commissions. Councilman Lloyd: I appreciate very much the letter received from the editor of the San Gabriel Valley Tribune and I would like to point out that I think the editor acted in very good faith in that he forwarded the letter first and _didn't find fault with us in public print before the facts in the case were presented. In this case there was no damage doTae in the best interests of the general public. I would also suggest, Mr. Mayor, so that all members of the Council might participate in the decision to send a letter to Mr. Tracy that a motion be made in this case because I think it affected all of the members of the Council. Motion by Councilman Lloyd that a letter be drawn up by staff and sent to.Mr. Tracy, editor of the San Gabriel Valley Tribune, responding as per the language of the City Attorney. Motion seconded by Councilman Chappell, and carried. e) Letter from -Shapiro,- Finn- &. 0.'.Leno, attorneys. for. . Professor Richard Carl Spurney re: Scientific Research Program rrozessor xichara i;ari 16722 Alwood Street Valinda ,5pu.rney (Briefly research be held Februar of the program, the professors participating fact that tLt this point in the research it is participation of the general public in order Extra Sensory Perception.) explained the scientific program titled ESP to in West Covina on y 11. Explained the history in the research, and the necessary to solicit the to further research Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, that the letter from the attorneys -,Shapiro, Finn & O'Leno be accepted, and permission be granted to allow the sponsor to carry on his research program on ESP in the City of West Covina. HEARINGS PROJECT SP-6626 Location: Virginia Avenue between PROTEST HEARING ON PROPOSED Barranca and Grand Avenues. WORK - 1911 Act (Short Form) On request by Mayor Gleckman, the City Clerk advised that she had the affidavit relative to the hearing. - 5 - REG. C.C. 2/10/69 Page Six • HEARINGS - PROJECT SP-6626 - Continued Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, to receive and file. (Mr. Zimmerman, Ass't. City Attorney, verbally presented the factual data of the Engineer's report.) Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, to receive and file the Engineer's report. On request of Mayor Gleckman, City Clerk advised there were no written protests or objections received against the proposed improvements to be constructed, or the proceedings. Mayor Gle.ckman_: Are there any oral protests or objections against the proposed improvements from property owners liable to be assessed for improvements, or from any other interested persons? Discussion. No oral protests. Hearing Closed. Council RESOLUTION NO. 3942 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA, INSTRUCTING THE STREET SUPERINTENDENT OF SAID CITY TO TAKE CERTAIN ACTION WITH RESPECT TO THE CONSTRUCTION OF CURB, GUTTER AND DRIVEWAY APPROACHES PURSUANT TO SECTIONS 5870 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE .OF CALIFORNIA AT VIRGINIA AVENUE BETWEEN BARRANCA STREET AND GRAND -AVENUE." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion b Councilman Lloyd, seconded b Councilman Chappell, y y y that said Resolution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Lloyd, Gillum, Mayor Gleckman NOES: None ABSENT: None PROJECT SP-69002 LOCATION: Cortez Street, Azusa Avenue to Street Improvement Citrus Street. 1911 ACT (Short Form) On request of Mayor Gleckman, the City Clerk advised she did have the affidavit of posting and mailing. Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, that the affidavit be received and filed. (Mr. Zimmerman, Ass't. City Engineer, verbally presented the factual data of the Engineer's report.) Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, that Council receive and file the Engineer's Report. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON PROJECT SP-69002. On request of Mayor Gleckman, the City Clerk advised there were no written protests or objections received against the assessment on improvementsEas constructed, or the proceedings. REG. C.C. 2/10/69 Page Seven BEARINGS - PROJECT SP-69002 - Continued NO ORAL PROTESTS. HEARING CLOSED. COUNCIL DISCUSSION.'= RESOLUTION NO. 3943 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE C TY OF WEST COVINA, CONFIRM- ING THE REPORT OF THE STREET SUPERINTENDENT FOR CONSTRUCTION DONE PURSUANT TO -RESOLUTION NOS. 3872 AND 3873, CORTEZ STREET BETWEEN AZUSA AVENUE AND CITRUS STREET." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Chappell, 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 'VARIANCE NO. 634 LOCATION: Northwest corner of Glendora and HARRY SOBELOFF Cameron Avenue. REQUEST to allow two detached signs and to increase the maximum sign height and area in the C-2 zone. Called up by Council 1/13/69. Mr. Menard, Planning Director, presented the staff report and read in full Planning Commission Resolution No. 2119; explained the requested signs with the use of a display map showing site location and where signs would be placed. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON VARIANCE NO. 634. IN FAVOR Harry Sobeloff The requested 45' sign is the standard 1007 East State Street Volkswagon sign used in practically every West Covina community in the United States with very few exceptions. Volkswagon believes, and I concur, that a 45' sign would look better in that large piece of property than the 35' sign. It is as simple as that. Volkswagon would like to have that sign and I cannot go ahead until I get that sign or a change from Volkswagon and they are waiting to hear what you people say. I also would like to state that according to the staff report we have four other new car dealers in this city and I think three of them have 45' signs. A 45' sign is not an exceptional sign for our type of business. Some statement has been made at the Planning,. Commission hearing that we were not close to the freeway and we should not have a 45' sign, but there are other new car dealers not close to the freeway that do have this size sign. If you have any questions I would be glad to answer. IN OPPOSITION None PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Lloyd: I would like to ask Mr. Sobeloff a question. Mr. Sobeloff you suggested that there were other new car dealers who were not on the freeway, who had 45' signs. I am not aware of this - please enlighten me. Mr. Sobeloff: I believe you have a copy of the staff report in front of you. _ 7 - 0 REG. C.C. 2/10/69 Page Eight HEARINGS - VARIANCE NO. 634 - Continued Councilman Lloyd: Well I notice Mr. Narducci has, but he is on the Freeway..... Mr. Sobeloff Reynolds Buick is not on the freeway and they • have it and they are on the same type of street we are on. Mandy -Williams has it but he is on a secondary street. Reynolds Buick is on the same type of street we are on - a major street. Councilman Gillum: Mr. Menard, how far back from the curb line will the requested 45' sign extend? Mr. Menard: It looks like from the curb line about 20' - just inside the right-of-way line. Councilman Gillum: Will the sign be facing north -south? Mr. Menard: It appears by the drawing presented to us that the sign would be located in a position so as to be seen up and down Glendora. Councilman Nichols: Councilman Gillum - did you ask that this item be brought up? (Answer: Yes) Did you have any' - particular reason? Councilman Gillum: The reason I did - it seems that we are not really uniform in our signs relating to automobile agencies. I brought up the item of Reynolds - Buick, which is located on Citrus with a 45' sign. I think the applicant made a legimate request based on the fact that we allowed this in other sections of the City. They refer to the Chrysler Agency as freeway, but it is not exactly only approximately. I brought it up to Council to find out if we are going to set 45' or 35' signs for automobile agencies. Councilman Nichols: Glendora Avenue is a major street and the only new automobile agency on your survey who did not that correct? receive the 45' sign was on a secondary street, is Mr. Menard: This is correct. Councilman.Nichols: It seems to me if we had made any error in this we made it in the past. I am sure I was sitting here, and probably voted for the variance sign for Reynolds Buick but I don't remember the circumstances now. The fact remains it was granted by this Council and now another new car dealer comes in and is on a street comparable to i'UL-tsooa and I would probably be the first one and most adamant to request that Mr. Sobeloff meet the same standards as those imposed on others, so I would think it would be the same now only going in the opposite direction. I wish we were in a position to insist on a 35' sign, but we are not, and I cannot ethically justify refusing to grant the variance - because what he is asking for is what we have given to others. I believe his request meets the requirements for a variance. Councilman Lloyd: Mr. Sobeloff - I know that you have done market surveys prior to contemplating the move to in sales West Covina - what do you estimate your market per year, or am I asking for information that would be classified to you? Mr. Sobeloff: It is a good question and I wish I had an an answer. I wish it were five times what we should at least double anticipate. our sales. We feel in the new facility we - 8 - REG. C.C. 2/10/69 HEARINGS - VARIANCE NO. 634 - Continued Councilman Lloyd:. I am favorable trying to point industry in our 'you deserve no more consideration than you are an important factor in running it go, so I am trying to point out the in our City. Page Nine to your request and what I am out is that you are a major community and as such, while any other single business man, our City the way we want -'to see economics of having your agency' Mr. Sobeloff: I can only state that we hope in the new facility to double our output. Councilman Lloyd: I do feel that West Covina has been most fortunate in this aspect in providing revenue and having been selected by major automobile agencies as the place to sell automobiles and since this seems to be an industry oriented to our City then I would like to see this request granted. And going one step further with regards to the other new car dealer - Mandy Williams Olds.- I think we should also have to give consideration should he want it. Again it is a function of this industry and I think the industry should be treated alike. I would be favorably disposed and would urge an aye vote. Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, that Variance No. 634 be granted for a sign height of 45' in accordance with standards recommended. ZONE CHANGE NO. 409 LOCATION South side of Larkwood MUTUAL SAVINGS & LOAN ASSOCIATION Street and east side of Fernwood Street between Walnut Creek Channel and Mobeck Street. zone from R.-A to R-3. REQUEST approval of a change of (.Mr. Menard, Planning Director, orally presented the staff report and read in full Planning Commission Resolution No. 2120. Further explained the location of the property :..and displayed a picture of the precise plan.) THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 409., IN FAVOR Dwight C. Harper (In summary) Since the request for 8200 South Norwalk Boulevard the R-3 zoning stems from our Whittier proposed use of the land we feel a brief explanation of the circum- stances that brought about the proposed use is -in order. (Explained.), To arrive at this type of development calls for two items, - 1: the deletion of a portion of the street, which you have on your agenda tonight under a form of a preliminary tract map, and 2: we felt to conform with Planing Commission policies and we feel that good zoning practice would dictate, that the R-A zoning with the variance to R-3 b&'.&hangedrst6 R-3 medium density multiple zoning use. In conclusion we feel this plan would be beneficial to the general welfare, support good zone practice and be superior to the individual lot development because of the following reasons: 1 - It can be developed in a far more attractive manner; 2 - developed in a cluster type project and get an open uncluttered atmosphere; 3 - we can provide better facilities within the development; 4 - landscaping can be developed to the utmost through this plan; 5 - the access ways can be made W derrin all ways; 6 - the entire project will be under one responsible management which will help to insure a tighter control over maintenance, type of tenants, and general activity within the development; 7 - approximately 3/4 of an acre will be returned to the tax roles of the City and no longer will -9- REG. C.C. 2/10/69 Page Ten HEARINGS - ZONE CHANGE NO. 409 - Continued be responsible for the maintenance on approximately 500' of street. IN OPPOSITION Phil Gonzalez I just found out about this hearing yester- 10 Larkwood Street day. I don't know anything about these West Covina apartments. When I purchased.my property 8 months ago I asked the real estate agent to look into the zoning, etc. I am not sure that I am against this, but I am affected by it as I am the last parcel of land right next to the development. I imagine later on the men in charge of construction will put this plan into detail as far as parking facilities, etc. I am not sure what your plans are. As far as the buildings are concerned I don't know whether those buildings would be set right up towards my wall or away or how far from my property. This all came as a surprise to me and I would like to know more about it, whether I have any voice in it and why I didn't get any information before on this. I would have liked to voice my opinion before being that I am affected by this. Mrs. Gombert I, am not in opposition but amI entitled 1214 W. Devers to ask questions? West Covina Mayor Gleckman: You may ask questions but you will not get any answers unless Council on the particular question you ask speaks, or if you speak in opposition to the issue. Mrs.,Gombert: I was reading your preliminary plan from Williams, Cook & Mocine this afternoon and I noticed in this area is the proposed Huntington Beach Freeway. I don't understand this, in fact in this very spot they show a complete convergence of an on and off ramp. If this is the new plan within ten years - well I don't understand it. REBUTTAL Mr. Harper-: I can only say to the first question of Mr. Gonzalez that we sent notices to the people shown on the latest tax roll and that I am sorry he didn't receive one. In reply to Mrs. Gombert it is true that this freeway route has been proposed by the City but we feel it is not a firm route at this point and that we do have the right to develop this property until this land is definitely decided it will go for the Freeway. Our reasons, even in view of the fact the Freeway may come, the land is too valuable of a piece to let it set there. It is costing approximately $29,000 a year to hold it. PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Nichols: I would like to offer a comment in clari- fication. Mr. Gonzalez - 8 months ago when you bought this house this particular parcel of land had this use on it at that time. It was granted by a variance- but a week after you bought they could have come in with plans to build. This hearing tonight is really to change a title of the use but doesn't change the fact that that use was on the property. If someone sold you the property and you asked them to check on it and they did and they did not provide that information to you, I am sure they won't befriends of you after tonight because they should have provided it to you. The only comment further would be in terms of the use - - although it seems somewhat strange to me I don't deal in the economics of it, if a freeway route were adopted tomorrow 10 - REG.. C-:C_-. 2/1'0/69' Page Eleven HEARINGS - ZONE CHANGE NO-.- 409 - Continued and a man wanted to build a house today to see it knocked down by a bull- dozer they would be his privilege. I don't conceive of it as our role to say that maybe 10 years from now a freeway will be built and therefore you shouldn't build on the land. The use is already there and this is only formalizing the use and I see no reason to deny it. Councilman Lloyd: Mr. Menard - how many units may be built on the land - the maximum? Mr. Menard If my memory serves me correctly - 125 would be allowed and 118 are being proposed. Councilman Lloyd: Will you refresh my memory as to the distance from the property line - next to the homes that they can build next to? Mr. Menard explained the relationship of this particular property and what could be built in relationship to the single family houses on the abutting lots. Councilman Lloyd: Thank you. If I may, I would like to point out to Mr. Gonzalez that if he has any questions the Planning Department staff is able and willing to answer them. Mayor Gleckman: Has the Precise Plan on this development been heard by the Planning Commission? Mr. Menard: Yes, and approved. Mayor Gleckman: The other comment I would like to .make in regards to.Mrs. Gombert's question - - normally when a party proposes something for zoning with this City, regardless of what might be proposed for that same land in any distant future, this City would be legally at fault if they denied a zone change pending on what might develop in the future on that property, because the City has no guarantee it will go through and my only comment to Mr. Harper's remarks is that the proposed Huntington Beach Freeway route was not and is not designed or proposed by the City, but by the State. .And the City did not chose this route or has the City officially adopted this route. Anything proposed or adopted has been by the State and not the City of West Covina. Councilman Nichols: I understand the Precise Plan has been approved and I hate the thought of asking the Council to call it up and have another hearing but I am much concerned for the residences that have been at this location for a long time as they may abute the mutiple zoned property and I think when these type of events occur the City government owes an exceptional amount of consideration to the residences that are there. When is the deadline for calling this up? Mr..Menard: It was approved January 8th by Planning Commission, that makes it 32 days now, so it 15 days to call it up. is beyond the time to call up. We are allowed Councilman.Nichols: Well I don't know where I was, somewhere this must have come across to us - but I don't recall it. Mayor Gleckman: This came to us in a report from the Planning Commission. REG. C.C. 2/10/,69. Page Twelve HEARINGS - ZONE CHANGE NO. 409 - Continued Councilman Nichols: What is the Precise Plan relative to a building development against the R-1 property to the west? Mr. Menard: This is the precise location as indicated on the study plan of the Precise Plan. Mayor Gleckman: Mr. Menard - can you hold the answer to the request of Councilman Nichols fora moment - if there are no further comments by Council regarding Zone Change No. 409 I would entertain a motion at this time.. Motion by Councilman Gillum that Zone Change No. 409 for Mutual Savings & Loan Association be approved. Seconded by Councilman Chappell. Mayor-Gleckman: My question now would. be - Councilman Nichols would the Precise Plan discussion have any effect on your voting on this issue? Councilman -Nichols: No, not at all. I am in favor of it. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None Mayor Gleckman: Prior to taking up the tentative Tract Map there was a request by Councilman Nichols to discuss the setbacks in relation to the R-1 development. Mr. Menard, will you proceed? • Mr. Menard explained the request',, the lots in question, etc., and the .distance between the present homes and the proposed multiple buildings. Councilman Nichols: I think that is really sad. I don't know how it got by me. I hate to see this - someone living there and suddenly a great huge apartment development goes up 20 or 30' away from their home. Mayor Gleckman: I agree with Councilman Nichols. I have stated once before that it is very sad when a zone change comes to us two or three weeks after a precise plan has already been approved on that zone change which really doesn't give us an opportunity to call it up. It is most unfortunate, Mr. Menard, that we can't schedule our precise plans at the same time; or within the scope of this Council before hearing the zone change. At least it should be brought to our attention. I know it was on the minutes of the Planning Commission but as Councilman Nichols said - - sometimes you don't see the precise plan in a particu- lar location,' -and then you get the zoning request. It is usually the zoning and then the precise plan. Mr. Menard: Mr. Mayor, I think an ordinance amendment would take care of this. Mayor Gleckman: We might take that into consideration, but it is too late to consider it at this time for this one. Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, approving Tract Plan No. 30726. CHAIR DECLARED A RECESS AT 9 P.M. COUNCIL RECONVENED AT 9:07 P.M. - 12 REG. C.C. 2/10/69 Page Thirteen HEARINGS - ZONE CHANGE NO. 411 FRANK DE PIETRO LOCATION: East side of Roberto Avenue between Garvey Avenue and Harbert Street REQUEST: Approval of a zone change from R-2 (restricted multiple family) to 0-P (Office Professional.) Mr. Menard, Planning Director, presented the staff report and read in full Planning Commission Resolution No. 2123; stating that the Planning Commission resolution did not speak to, and the reason for this request, in this particular location there will be a widening of the freeway and the wedding chapel now located on this particular parcel of land will have to be demolished. (Explained the piece of land that will be affected.) THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 411. IN FAVOR (Mr..Menard advised Council that the applicant called in the afternoon and indicated that at the last moment Mr. De Pietro was not able to attend.) IN OPPOSITION None. PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Motion by Councilman Gillum, seconded by Councilman Lloyd,, that application No. 411 for zone change - Frank De Pietro, be approved as stated in the Planning Commission Resolution No. 2123. Motion carried • on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None AMENDMENT NO. 95 REQUEST for a proposed amendment to CITY INITIATED Section 9213 of the Municipal Code regarding certain modifications to the C-3 section -of the zoning ordinance. (Regional .Commercial) (Planning Commission Resolution 2118) Mr. Menard presented the staff report and read Planning Commission Resolution 2118, explaining that this was a part of the on -going program initiated sometime ago to modify the zoning ordinances, and takes in the Regional -Commercial zone. And on the Community -Commercial zone Council indicated a desire to see how it compared with other particular items. A chart was prepared and has been provided. Explained the chart.) THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON AMENDMENT NO. 95 IN FAVOR None. IN OPPOSITION None. PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Motion by Councilman Gillum, seconded by Councilman Lloyd, approving Amendment No. 95 - City initiated. Motion carried on roll call vote as follows: AYES:'Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None - 13 - REG. C.C. 2/10/69 Page Fourteen ORAL COMMUNICATIONS (Mayor Gleckman welcomed the attendance of Cal -Poly students.) Robert Nordstrom The only thing I would like to Chairman point out is that I notice the Recreation & Park Commission' rendering from the Recreation & Park Commission has been presented. This is a rendering as to the creation and development of the first Tiny Tot lot in West'Covina.' The equipment, you see portrayed, at the top represents the first'piece of equipment to be installed, and the other pieces displayed represent the Tiny Tot equipment -which will be eventually installed. Councilman Chappell You have one service group that has picked ujo the tab on the Stage Coach. Is any member of .the Commission going to take this around to the various'service groups and advise them of what they might invest their money in? Chairman Nordstrom. That had not been proposed, but it is a very fine.suggestion. Councilman Chappell: I think their might be other service groups that might like to pick some of this up, speaking off the top of my head. WRITTEN COMMUNICATIONS - Continued • F. Division of Highwa s re: California Freeway and Expressway System Motion by Councilman Gillum, secon:de'd,._by Councilman Lloyd, and carried, that this item be referred to staff. g. Resolution of City of Compton re: study of County Services Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to receive and file. h. Resolution of City of Stanton re: taxing of real property Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to receive and file. i. Resolution of City of Indio re: taxing of real propert Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to receive and file. j. Resolution of City of Fontana re: offshore airport off coast in San Pedro.Bay Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to receive and file. k. Resolution of City of Avalon re: offshore airport at Pebbly Beach Santa Catalina Island Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to receive and file. - 14 - REG. C.C. 2/10/69 Page Fifteen WRITTEN COMMUNICATIONS - Continued 1) Resolution of City of Corona re: Offshore airport Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to receive and file. m) Resolution of Cif of Gardena re: campus unrest Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to receive and file. n) Resoluticon of City of Downey re: legislation on County Services Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to receive and file. o) Resolution of City of Downey re: offshore airport Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to receive and file. p) Local Agency Formation Commission notice of hearing March 26, 1969 re: City of Covina proposed Southerly Annexation District 37 and Easterly Annexation District 60 Motion by Councilman Gillum, seconded by Councilman Lloyd, that this item be referred to staff. Mayor Gleckman: I have discussed this with the Mayor of Covina and the Mayor Pro tem, and I think shortly we should have a study session with them regarding annexation studies between the two cities so that we don't oppose one of their annexations and they don't oppose one of ours. I believe Councilman Lunetto is taking it back to the Council and we will hear further. Councilman Gillum:-. I think it would be of benefit to both cities if we had such a study session. Councilman Lloyd: This meeting might provide a basis for straightening of the boundaries between the cities so the Police and Fire services can operate in a more efficient manner. Councilman Gillum: Sometime ago the local newspapers came out with an article about the cities considering joining and becoming one city, and I think we should mention to the newspapers that we have not discussed that and that this proposed study session is just a friendly visit. CITY ATTORNEY ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING SECTION 8402 OF THE WEST COVINA MUNICIPAL CODE RELATING TO ADVERTISING SIGNS." Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, waiving further reading of the body _df said Ordinance. Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, introducing said Ordinance. - 15 - REG. C.C. 2/10/69 Page Sixteen CITY' ATTORNEY - Continued ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ADDING A NEW PART 12.5 TO ARTICLE IX, THEREBY ESTABLISHING THE COMMUNITY COMMERCIAL (C-C ZONE.)" • Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, waiving further reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, introducing said Ordinance. ORDINANCE INTRODUCTION The City Attorney presented: " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, _A,MENDING SECTION 3190 OF THE WEST COVINA MUNICIPAL CODE RELATING TO MAXIMUM SPEED LIMITS." Motion by Councilman Lloyd, seconded by Councilman Gillum, and carried, waiving further reading of he body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, introducing said Ordinance. ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL • OF'.THE-CITY OF WEST COVINA, AMENDING SECTION 6235.1 AND SUBPARAGRAPH 11 OF SECTION 6235.6 OF THE WEST COVINA MUNICIPAL CODE RELATING TO BUSINESS -LICENSES." Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, waiving further reading of the body of said Ordinance. Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, introducing said Ordinance. ORDINANCE NO. 1073 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. 410 - Haefner Chrysler -Plymouth Agency). (Location: East side of Azusa Avenue, between Workman and Garvey.)" Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, waiving further 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, NOES: None ABSENT: None -RESOLUTION NO. 3944 ADOPTED Nichols, Gillum, Lloyd, Mayor Gleckman= The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, RELATING TO THE COMPENSATION OF THE CITY ATTORNEY." - 16 - REG. C.C. 2/10/69 Page Seventeen CITY ATTORNEY - RESOLUTION NO. 3944 - Continued Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Nichols, seconded by Councilman Lloyd, that said Resolution be adopted. Motion carried on roll call vote as follows: • AYES: Councilmen Nichols, NOES-: None ABSENT: None ABSTAIN Councilman Gillum Chappell, Lloyd, Mayor Gleckman (Councilman Gillum explained because of his absence at the meeting when this was discussed he abstained from voting at this time.) CITY MANAGER 17) WEST COVINA FACT BOOK Mr.-Aiassa: You have a staff report and the only important thing is the recommendation. If a $1,000 is to be raised for this, we ask time to review as to where we can get the money. We have two possible places -we can get it from. Mayor Gleckman: In other words you are saying if this Council sees fit to approve the appropriation of $1,000 you will find the account that it will be paid from? 41 Mr. Aiassa: Yes. Motion by Councilman Gillum that the City Council approve an expenditure of approximately $1,000 to cover the items as outlined in the memorandum report dated February 5, 1969 pertaining to the West Covina Fact Book. Seconded by Councilman Nichols. Councilman Lloyd: $500. a page is a lot of money and it would have to be an awful lot of book for that price. I was under the impression, erroneous apparently, however the precedent has been set in other cities, that the City is normally afforded a certain number of pages without charge. Mr. Aiassa: I believe four were in the last copy. But this will be a separate insertion which will be an insert that could be lifted out and which will include our dedication material and also it will be prior to our Clean -Up, Paint -Up program and this will also be a lift out insertion. This book will go out to all the citizens and we will save the mailing costs. Councilman Lloyd: I wasn't aware that the City had planned to do a mailing on Paint -Up, Clean -Up, etc. I know Councilman Chappell is on that Committee - had you made that recommendation? • Councilman Chappell: Yes that is why I asked for the $500.00 at our previous meeting. Councilman Lloyd: Well we just gave the $500 and now we are being asked for another $1,000. Councilman Chappell-: The $1,000 is not for the Paint -Up, etc. Councilman Lloyd: Mr. Aiassa - this is one and the same, is it not? - 17 - ,REG. G.C. 2/10/69 Page Eighteen Mr. Aiassa: Yes, to a degree. Councilman Lloyd: And you feel these tear out sheets are the best way to go on the advertising on these two . specific items? As a professional in this area I would have to say I am not sure in my own mind this is the route to take Mr. Aiassa:- The advantage it would have for us is that these booklets would go into every home and this would probably mean a savings of at least $500. in mailing cost to us. We are not sure that they will get enough advertising to put out the booklet, so we are actually only putting a reservation on it. Councilman Nichols: Mr. Aiassa, I don't want to sound as if I am perpetuating an affront to government, but I think that it is a cheap way to go and it looks cheap. If you take a Fact Book, which may be noble in itself, it is still published by a private firm and it is full of advertising and you tuck in literature that the City of West Covina wants the citizens to have - - I think it looks cheap. This City government has been very prudent and frugal with taxpayers funds in the way of putting out written material to the citizens and now we are about to open this tremendous Civic Center complex and about to have our first building of the Civic Center complex and we cannot properly notify the citizens. I personally feel it would be a worthy expending of funds to properly notify the citizens of this forthcoming event, and send it out in a form and fashion that looks like the City is communicating with its citizens and I just don't feel the other way is the kind of style we should go this time. .Mr. Aiassa:- Well this was a way to begin and Council will have to weigh whether it is desirable or nbt. Mayor Gleckman: With all due respect to the Fact Book, I think staff acted properly in recommending no action be taken with regard to the space and then in the second thought they said if we were going to spend any.money in this Fact Book it should be on these tear outs. I am in accord with Councilman Nichol's remarks. My recommendation would be for the City Council to take no action in appropriating funds. AYES; None Motion failed on roll call vote as follows: NOES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman ABSENT: None Mayor Gleckman:- I would entertain a motion that City Council take no action for appropriating funds for space in the Fact Book until it is known whether or not the proposed publication can be funded and that a further report be sent back to this Council. So moved by Councilman Gillum, seconded by Council- man Lloyd;. and carried. 18) Resolution from City of Burbank re: County Services • Motion by Councilman Gillum, seconded by Councilman Chappell, that City Council receive and file the communication from the City of Burbank dated January 8, 1969, regarding County Services. CouncilmanGillum: Mr. Aiassa - I was absent from the meeting of January 27th'."i2s Burbank trying to do something in the area we were discussing last year as far as County Services pertaining to the water shed, etc.,- are they going to look into all these areas? REG. C.C. 2/10/69 Page Nineteen CITY MANAGER - COUNTY SERVICES - Continued It seems to me there is a great amount of pressure on the County's part on cities around us to extend their control in such areas as Fire and Police, and I was just wondering if this were to include the matter of water shed, that we pay a tremendous amount of money to., Mr. Aiassa: I would be glad to suggest that that matter be inserted. Motion carried. 19) Request from Astro Boys Club re Solicitation Permit Mr. Aiassa:-, We have a problem here. The only information we have been able to provide you with is what is shown in the .report. The party we contacted has never returned our call and we are a little dubious about recommending people to do solicitation without some kind of investigation. Councilman Nichols: Permission was granted during the 1968 year and this is now a request for renewal in 1969? Mr. Aiassa: Yes. Councilman Nichols: Based on the information we have I don't believe this application would be one that I could stand behind as being an ethical solicitation. At least it appears that way to me from the information we have been able to get. • Motion by Councilman Nichols that Council direct the City Clerk to refuse to issue a permit for the requested solicitation by the Astro Boys Club. Seconded by Councilman Chappell, and carried. Mayor Gleckman: I might call your attention to a memo put in our mail this evening that has to do with a solicita tion permit request from the Los Angeles Boys' Enterprise, which is the parent group evidently of the Astro Boys Club. There was a request by the City Clerk and if Council has no objection I would like to take this up at this time. (No objection by Council.)., There is a request from the South Los Angeles Boys Enterprise group which conducts exactly the same activity as the Astro Boys Club and they did have permission from us to do this last year and not the Astro Boys Club. Mrs. Preston, would you like to add anything? City Clerk-: The South Los Angeles Enterprise Club had permission last year. Some of the boys in this Club have gone with the Astro Club - they split up. At the present time there are two groups. Councilman Gillum: Mr., Aiassa or Mrs. Preston - do either of you know the function of these groups? Is it like the Boys Club or Y.M.C.A.? What do they perform within the community? •Ray Windsor They both have the same aims, to help the Administrative Ass't. children with school lunches, buy clothing, etc., for the underprivileged. Mayor Gleckman: Astro Club, and then I' -would suggest that we us a'similar report in Los Angeles Boys Club a take it up at that time. request that staff give detail on the South s we requested on the - 19 - REG. C.C. 2/10/69 Page Twenty CITY MANAGER —South Los Angeles Boys' Enterprise —Continued Councilman Nichols: I think the Mayor's request is in order, that Council base it's denial on further staff investigation showing - l: that the club did not have appropriate licensing from the City of Los Angeles, that it had not achieved solicitation licenses from -surrounding communities, • that it was not in operation at the address stip-dlated it was located, and that in fact conditions surrounding were such that left the Council unsure of the integrity of the organization." And further that the Mayor_'s suggestion requesting staff to look into the South Los Angeles Boys' Enterprise on the same basis as the Astro Boys' Club be followed. .Motion seconded by Councilman Chappell, and carried. 20) Resolution from Building Industry Association re: Bidding Procedures Motion by Councilman Gillum, seconded by Councilman Nichols, that this be received and filed. Motion carried. 21) Surplus Space Leasing at Citv Hall Motion by Councilman Nichols that Council accept the staff recommenda- tion, to wit: that we establish a policy with regard to rental and leasing of the available space 'in the new --Civic 'enter, and --that, the,.: policy shall be to rent space and authorize the City Manager to contact •potential lessees and negotiate with them for rental, with each agreement to be brought back to the City Council for their approval; and further that as part of this we accept the report of January 2, 1969, as a basis for initial negotiation in establishing rental and lease policies. Seconded by Councilman Gillum. Councilman Gillum: One thing that concerns me - I realize that it is stated in the motion that each lease is to be brought back to Council for approval, but do you think it would require us at this time to set some guidelines as to what would be acceptable? I would hate to see someone come in and lease space in the City Hall that might do damage to this type of operation. Mayor Gleckman: I might suggest that included in the policy of the City Council that this only be entertained for Federal, State, County Agencies, as well as any particular agency such as the Chamber of Commerce, that the City may contribute a great deal of the taxpayers money too. In.other words restrict to those types of operations- I agree with Councilman Gillum, I think his point is well taken, that if someone came in and agreed.to pay us more money than we are asking just for the sake of having the location at City Hall that we would legally be involved with no policy or reason to refuse the lease if he is not undesirable. Councilman Nichols: Yes, that is an interesting point. Would the Council be obligated to lease to the Mr. Wakefield on that. first comers? I would like to hear from Mr. Wakefield: I think it would be very advisable if you established a policy at this stage of your negotiatLons with respect to the kinds of tenants you would accept for the facility. Otherwise you will have various types of enterprises such as barber shops, beauty parlors, etc., Councilman Nichols: I would like to request permission of the second to withdraw my motion. - 20 - • REG. C.C. 2/10/69 Page Twenty-one CITY MANAGER - SURPLUS SPACE LEASING AT CIVIC CENTER - Continued Councilman Gillum: Yes, I will withdraw my second. .Motion by Councilman Nichols that this matter be referred back to staff in terms of clarification of what Council discussed this evening. Seconded by Councilman Gillum. • Mr. Aiassa: Our only interest is to consider a Federal, State or County and other such special governmental agencies. Councilman Nichols: I appreciate that but it was not worded in the report and I think it should be in words legally acceptable. Motion carried. 22) Galster Park Development Mr. Aiassa: This is for Council's information. We had to move the date up for the joint meeting. It is now scheduled for March 3rd instead of February 17th. Motion by Councilman Gillum, seconded by Councilman Chappell, to receive and file the report. Mayor Gleckman: I might bring the Council up-to-date. Mr. Aiassa, staff and myself met with Mr. Galster regarding the questions brought up by this Council with regard to the deadline dates. Without even •having to ask but in order to make sure - - the intent of Mr. Galster is to cooperate with the City in any-vay.,shape or form, that he can. He wants this park built and the primary reason for putting the deadlines was to try and get the City to move faster, but he has no motive in mind of taking that property back. He gave..�it`i.n good faith, and the City has not held.good faith with him, but he understands the problems the City has had and he has assured me that at no time would he ever legally or illegally try and take the park back, and that we do have the necessary time we need. He also said that if we care to spend an additional amount of money that he still has "a few dollars yet" and he would extend the agreement on into next year - - which I thought was more than generous of Mr. Galster. Motion carried. 23) Use of City Equipment for Disaster Areas Mr. Aiassa: I have one comment, I should have added one item to the report, after the second paragraph - "that I will immediately notify the City Council of any emergency action being considered." Motion by Councilman Gillum, seconded by Councilman Lloyd, to receive and file. Councilman Lloyd: Does that mean that the discretionary part rests with the City Council or the City Manager? Mr. Aiassa: For example, if there is a disaster say in Glendora and we would send in a skip loader and operator, I would clear with the majority of the Council and advise as to why we are doing it, etc., and if Council does not agree we could withdraw the action:l but under disaster circumstances I cannot wait until a regular Council meeting. - 21 - REG. C.C. 2/10/69 Page Twenty-two n U • • CITY MANAGER - USE OF CITY EQUIPMENT FOR DISASTER AREAS - Continued Councilman Lloyd; I assumed that you had intended, because of the disaster that has already occurred in Glendora, to allow the use of our facilities and equipment, is that correct? Mr. Aiassa: Yes, we made -the offer, if they needed it, and they did not call as yet. Mr. Wakefield: Our disaster ordinance is not clear with respect to the authority of the City Manager to make city -:equipment available without approval of the City Council. It seemed the only safe way was for the City Manager to poll Council before actually authorizing the use of the equipment so his act could be ratified at the next regular meeting of the Council. Mayor Gleckman: I would go along with the idea of receiving and filing this report and then asking the City Attorney to bring in some type of authorization that this Council can ;base^their authorization of the City Manager to take action. I might also add that I talked to Mayor Finkbiner the other night and he was very appreciative of the offer made. Councilman Nichols Now that we have moved into this a little further I would like to comment on the point I raised with the City Manager. If ever our present City Manager desires from me the delegation of authority for the authorization of using men or equipment I would be happy to grant it to him, but I am a little reluctant to include by ordinance that the City Manager be given the authority to do so in an emergency request from another City, thereby sending men and equipment out of the City. It might be very dangerous and hazardous and because as a result of that action some accident could happen and if the men and equipment were involved this Council could not avoid the responsibility for that. I believe the ultimate ratification of the dispatch of men or equipment out of our City boundaries on a cooperative basis,in an emergency should rest with the Council and I would not personally like to see it changed in the Ordinance so that any City Manager of this City would be able to take those actions without Council approval. I believe, Mr. Aiassa's approach, that he would relate to us, is the right and correct approach and I would certainlyt be prepared to delegate that authority to him, but I would not want to see it a matter of law or ordinance. Mayor Gleckman: I agree with you but I think we can bring in the appropriate motion that can be adopted by the meeting. present Council. This can be done at the next Motion carried. 24) Narcotics Brochures Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, authorizing Charter Oaks School District in obtaining a copyright under the name of Charter Oaks School District. 25) Covina Irrigating Company Stockholders' Meeting Motion by Councilman Gillum authorizing the sending of a representative to the Covina Irrigation Water Company stockholders' meeting. Seconded by Councilman Lloyd. Councilman Gillum: Mr. Aiassa, how many shares do we have? Mr. Aiassa: One share, worth $3.00 - 22 - REG. C.C. 2/10/69 Page Twenty-three CITY MANAGER - COVINA IRRIGATION CO. STOCKHOLDERS' MEETING - Cont'd. Councilman Gillum: What is it going to cost us to send a representa- tive? Mr. Aiassa: We might have the deciding vote. Councilman Gillum: Is there some particular reason why we are re- questing sending someone thereto watch that one $3.00 share? Mr. Aiassa-: We have certain factors in our City that it does affect and we feel it is necessary to know what is going on. Councilman Gillum: Well I can understand you wanting to know whati there is to know, but I think it is a waste of time to send staff on a $3.00 share. They have very little to do within the boundaries of the City of West Covina. I can understand your concern over watching the water companies, but can we sell our one share and get out? Mr. Aiassa You can do anything you want . .Mayor Gleckman.-- Is it the recommendation of the City Manager that we send a representative? Mr. Aiassa: We'have attended most of the meetings. .Motion carried. . CITY CLERK 26) Girl Scout Council Request for Annual Cookie Sale Motion by Councilman Gillum that Council approve the request of the Girl Scouts Council to proceed with their cookie sale. Seconded by Councilman Chappell, and carried. 27) ABC APPLICATIONS FOR ON -SALE BEER LICENSE, MARVIN E. DANIO, 642 South Sunset Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, that a protest be entered on the license application of Marvin E. Danio; and authorize the Chief of Police to make the protest. MAYOR'S REPORTS 28) Scientology Business License Mayor Gleckman: I requested from Council and received permission to have the Scientology Business License re- 0 viewed by the City Council. Do we have a.member from the Scientology concern here this evening? (Answer: Yes) I believe since I was the one that requested this, for the benefit of those present I will review the situation. (Explained the reason for Council calling it up.) And I am under the impression that it is some type of semi -religious group and if it is then they would come under the segment of necessarily receiving a permit . Although there is some question in my mind whether it is or is not in the best interests of the public welfare of the community. South Cou.ncil's permission I would - 23 - REG. C.C. 2/10/69 Page Twenty-four MAYOR�'Z:REPORTS - SCIENTOLOGY BUSINESS LICENSE - Continued request the person present this evening to come forward so we may ask questions and come to a decision. (Council had no objections.) Cheryl Schwalbe 1601 South Greenport • Rowland Heights Mayor Gleckman: Mrs. Schwalbe you heard my opening remarks. After looking at the application it states religious training and spiritual guidance? Mrs. Schwalbe-: That is correct. Mayor Gleckman-: Would you care to add anything to that? Mrs. Schwalbe:- We do give training and spiritual guidance. I will be glad to answer questions. Mayor Gleckman: Are you a profit making or non-profit making organization. Mrs. Schwalbe: I would like to say I don't know. I imagine profit. We sell books and do make a profit on the books. Mayor Gleckman: You don't have a tax exemption? Mrs. Schwalbe: The Church _.does as far as I know. But we are operating on a franchise of the church. We do • not hold church services or have Sunday school classes - those are held downtown. Mayor Gleckman: You mean you don't give religious training? Mrs. Schwalbe: We do give religious training in the sense that we help people to become more able and capable and we deal with the person, therefore we are dealing with the spirit and not the physical. We do not go into the medical field nor are we involved with the spiritualistic field. Mayor Gleckman: Is your education in this particular field accredited at any State or private university in the State of California? Mrs. Schwalbe: This is kind of a part-time thing - I am working with the County of Los Angeles now as a probation officer. I have a college degree in sociology with a minor in psychology, that is my major field. This I am doing besides. Mayor Gleckman: Was Mr. Brown, who originally applied for this license, does he have a similar educational background? Mrs. Schwalbe: He has a college degree in insurance or business. He has been an insurance agent and he is my • brother. Mayor Gleckman: The reason I asked is because your field of education might fall into line with what I thought Scientology was, but the relation of education to the field, of the man who originally received the business license, I didn't see the connection as far as educational background was concerned. Are you licensed within the State in any manner? Mrs. Schwalbe: None, whatsoever. - 24 - REG. C.C. 2/10/69 Page Twenty-five MAYOR'S REPORTS - SCIENTOLOGY BUSINESS LICENSE - Continued Mayor Gleckman: Is it possible for your type of training to ever be injurious mentally or'physically to any human being? Mrs. Schwalbe: No. I can think of no way. Not moneywise either because we do have a money back guarantee. If they do not like it they can get their money back immediately without question. Councilman Lloyd-: In the franchising of this, do you pay for that? Mrs. O'chwalbe We pay a certain percentage of the money we get and this is paid to the organization. Councilman Lloyd: Then you charge a fee? Mrs. Schwalbe: Yes, a fee is charged. Councilman Lloyd: This is based on the training, or an hourly basis? Mrs. Schwalbe: _.J . The. ` fee itself is based on the amount of training and you can pay by the hour or until the result you wanted to obtain has been reached. It can be paid both ways. Councilman Lloyd: What amount does a person pay for the training? Mrs. Schwalbe: The study course is $10.00; our communications course is $15.00; for approximately 2 weeks, 40 3 nights a week. Councilman Lloyd: You didn't pay any initial fees for the franchise? Mrs. Schwalbe: No. Councilman Lloyd: Normally you put up so much money for a franchise, but in the franchise you have you are required to pay for your books, etc.? Mrs. Schwalbe: Yes to the central organization. Councilman Gillum: Speaking of the central organization I am sure you are aware of the article in the Life Magazine pertaining to the overall program? Mrs. Schwalbe: I have read the article. Councilman Gillum: In referring to the central office or church or whatever it is called? Mrs. Schwalbe: The central organization. The top organization is located in the Mediterrian. The central Western United States organization for this part of the entire is located in Los Angeles and this would be the Church of Scientology of California. Councilman Gillum: Where do you send this percentage that you have to return? Mrs. Schwalbe: To England. Councilman Nichols: I really don't have any questions at all. I have my own private views which I don't think would play a role here. I have had no evidence - 25 - REG. C.C. 2/10/69 Page Twenty-six MAYOR'S REPORTS - SCIENTOLOGY BUSINESS LICENSE - Continued presented to me which would indicate I should not grant a license. Councilman Chappell. Have we any information from our staff other than what we have here? Mayor Gleckman: Just the report in the magazine. I have to get back to the Church of Scientology. I don't know if the word "church" per see is used just as a word or is it a Church of Scientology. Mrs. Schwalbe: The Appellate Court on February 5, 1969, in the suit the FDA versus the Device E-Meter did declare that Scientology is a church. Mayor Gleckman: It is a church. That was really my number one reason in calling up the Scientology business license. That if it is in fact a church then it should go through the normal procedures of obtaining a license to work in our community, which it had not done. Maybe not to their knowledge, but since it is a renewal license in order to correct any errors made prior, I felt if it is ruled by the Appellate Court that it is a church, it should be treated and licensed in the same manner as all other religious groups are in our area. I am speaking to the other possibilities, we have certain policies in this City and on this Council, as far as in relation to locating a church close to certain usages, and then if the Church of Scientology would come up at some later date and protest the usages next to it because of being a Church - - I would like to have at least established the fact for the City of West Covina. Councilman Lloyd: I would like to suggest to this Council in view of the fact that this lady has indicated there have been court decisions - is there more than one? Mrs. Schwalbe: I should have said "decision". I don'tlnow of more than one. Councilman Lloyd: I was going to suggest that the City Attorney might look up that decision. Mr. Wakefield: I will. FDA versus Device 'E-Meter? Mrs. Schwalbe: I don't Itnow if that is correct, that is the way it was given to me. The date is February 5, 1969, Washington, D.C., Appellate Court, District Court of Appeals. This decision was a reversal of a lower court decision. Councilman Lloyd: I would suggest that the City Attorney give us a report onthe findings of the Court,prior to our making a decision. Councilman Nichols: I think there is another aspect to this that we should seek clarification on. One would be if Scientology is recognized as a Church, which would have implications in terms of whether it even required a business license; and two, whether or not this particular local activity would come within the scope of constitutional exception that would normally be extended to a church; and if it did then I would concur with Councilman Lloyd and Councilman Gillum. Councilman Gillum. So moved by Councilman Lloyd, seconded by Councilman Gillum: Did you state you did or did not make a profit? - 26 - 0 • 0 REG. C.C. 2/10/69 Page Twenty-seven MAYOR'S REPORTS - SCIENTOLOGY BUSINESS LICENSE - Continued Mrs. Schwalbe: I would state that as far as I know we do, but again this is something I would have to clarify a bit more. Councilman Gillum: The reason I am asking this, under the application for the business license that we have before us, you are listed as an owner of this establishment. Mrs. Schwalbe: That is correct. Councilman Gillum: May I ask - do you make a profit? Mrs, Schwalbe: No, not yet but I expect to. All I.can say is,there are many awards besides money. Councilman Gillum: Is Mr. Robert Brown still with the organization? Mrs. Schwalbe: No, I am the sole owner. Motion carried. Communication from Narcotics Committee re: District Attorne 's legislative program Mayor Gleckman: We have a communication from the Narcotics Committee regarding the District Attorney's narcotics program. At the formation of this: particular group I charged them with an action program to come back with recommendations to this City Council as to what type of action this City Council could or should take in order to help in anyway as a city body in the prevention or cure of whatever we could do to help in the narcotics field; and they continually get off on to these letter writingand school oriented questionnaires. I tried to emphasize to them that we didn't want them to implement any particular program but to come back to us, through their research and knowledge, with recommendations as to how we can help our community. This to me is a legislative action that they are requesting us to sanction. It is alright for them to send this to us as a recommendation suggesting that this action be taken, but I don't agree with their thoughts that they take this action. Councilman Nichols: They are not saying they are taking it, they are asking us - - are they not? Mayor Gleckman: They are reviewing a piece of legislation by District Attorney Younger and then asking us to take the stand they recommend. Councilman Nichols: Mr. Mayor - I was just getting ready to commend you for the fine work your Committee is doing. Mayor Gleckman: That's alright, but I feel like calling it the way I called it rather than take advantage of a recommendation that you may or may not want to agree with. But .to me this is not their responsibility, at least to what they were charged with, and if we accept this as their responsibility, I am just afraid of the additional amount of recommendations regard all types of recommendations that may come into the narcotics field that they feel they should so investigate and then come back with a report to us. And that was not the purpose or intent of this committee being formed or appointed. That was the only reason I brought this to your attention, - 27 - REG. C.C. 2/10/69 Page Twenty -Eight MAYOR'S REPORTS - NARCOTICS COMMITTEE - Continued Councilman Gillum Suppose we would say to them as you stated, we thank them for their consideration but would appreciate their spending their time on bringing back to us recommendations that we can implement and not on legislation action regarding the narcotics field in general. Councilman Nichols: Of course, if a person takes the broader view, by looking into this area and making a recommendation a certain type of legislation is implemented, or something that may not be desirable, is removed from legislation, rather indirectly it would be of assistance to our young people in the community. Mayor Gleckman: I am not disagreeing with that but I am saying I don't think we should give them the impression this is what we are requesting from them. Councilman Nichols: Well yes, but my personal feeling is that they have brought us a very good point and the point you have raised is equally good, and I think it can be handled by a contact from the Mayor to the Committee. I would like to see the Council call Item 7 to the attention of the District Attorney by forwarding a copy of the Committee's letter to the City Council without-, further comment by the Council. I don't think we are expert enough to really form a final opinion, but I think it would be wise for the District Attorney to know that there were interested groups in his constituency that did have concern. Motion by Councilman Nichols tiiac the co=unicat .on from the Mayor's Narcotics Committee be referred to the District Attorney, Evelle Younger. Seconded by Councilman Gillum, and carried. Approval of Plaque to Mayor of Nagoya, Japan Mayor Gleckman: We have a resident of our City going to Nagoya, Japan, and I thought this would present the opportunity of our City reciprocatin& with a gift to the Mayor of Nagoya, Japan, from whom we received a gift sometime ago. I asked the City Manager to prepare the plaque and now I am asking permission of Council to have it presented. Motion by Councilman Lloyd, seconded by Councilman Gillum, that a plaque be approved for the Mayor of Nagoya, Japan, with an expenditure not to exceed $40.00. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None PROCLAMATION Mayor Gleckman: I would proclaim the week of March 3 - 91 1969, as Nursery Education Week, if there are no • objections. No objections, so proclaimed. CENTRAL BUSINESS DISTRICT COMMITTEE Mayor Gleckman: We have a request from the Central Business District Committee wanting to drop two men from the Committee because of their heavy -28- REG. C.C. 2/10/69 Page Twenty-nine CENTRAL BUSINESS DISTRICT - Continued business, and they want to add two members - William,Tanking._ and and Mrs. Rae Meyer. Council agreed. Mayor Gleckman: I have an invitation from the City of Santa Fe Springs having to do with the Southern California Business Show Week with a special civic breakfast on March 12 at the California Museum of Science & Industry in Los Angeles. I will be out of town, if there is anyone that can attend. Councilman Lloyd: I go downtown and if I can work it in, I will go. Mayor Gleckman: I also have a request from the National Engineers to proclaim Natinna.11Engineer Week February 16th - 22nd, as proclaimed by the President and the Governor of California. If there are no objections, I will so proclaim. No objections, so proclaimed. Mayor Gleckman: Also a communique from our Congressman Charles Wiggins regarding a four-way stop sign at Broadmoor and Rowland. The people requesting this sent a petition to him and rightfully so, he has sent it back to us asking us to give it careful consideration. I also had a request to proclaim American Flag month - February, 1969. I have a proclamation that I think deserves reading. (Read in full) If you have no objections, I would so proclaim. No objections, so proclaimed. COUNCIL COMMITTEE REPORTS Councilman Chappell: A couple of weeks ago the Lions Club entertained guests (ILion's members) from Japan. This year our group is helping to send a young girl to Japan for a visit and I thought we might like to send along with her some plaques, etc., that she might distribute. Our own Mayor Harvey Krieger received some items that are now on display at City Hall. This might be something worth looking into. Dr. Martin's daughter is going on the trip. Mayor Gleckman: I suggest you bring back to us the approximate cost of the items. • Councilman Chappell: I will get some exact information and bring it up at a later date with a cost figure. Councilman Chappell: As we all know John McKay is a resident of mar City, and has really put West Covina on the map. The Lion's Club of West Covina, next month, is. h9horing Coach McKay and I would like to have a resolution written so the Mayor can present it to him on that evening. - 29 - REG. C.C. 2/10/69 Page Thirty COUNCIL COMMITTEE REPORTS —Continued Councilman Nichols: I am in favor of that. He is a very gracious individual and has always been willing to come out and help the various service clubs in the community. • Mayor Gleckman: I am in favor of that - I think this type of approach should be taken by this Council in the future with outstanding citizens in our community. John McKay sure has been a namesake in the United States as well as in our City. I would go along with that and ask that the City Attorney be directed to prepare such a resolution. Motion by Councilman Chappell that we honor Coach John McKay with the presentation of a resolution to be given to him by the Mayor at bhe West Covina Lion's Club �. Father and Son Dinner next month at which he will be the honored guest. Resolution to be perma-plagued. Seconded by Councilman Gillum. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd,. Mayor Gleckman NOES: None ABSENT: None RESOLUTION NO. 3945 commending John McKay adopted by Council. City Attorney to draw up Resolution. Councilman Chappell: Sometime ago we had a Work Session on this subject - a city auditorium. Our City Hall is is session completed and I would like to call a study session again on the auditorium for further consideration in our next budget. Motion by Councilman Chappell that an adjourned meeting be called by the City Council to study the potential of an auditorium in the Civic Center in the City of West Covina. Seconded by Mayor Gleckman. Mayor Gleckman: I would suggest that if the motion passes that we invite back to that study session all those that served on that Blue Ribbon Committee. We don't have to buy the land so the first thing we would have to determine is that there is a need for this kind of an auditorium. And there is no doubt in my mind that there is a need. I think the only real concern would be the method of financing. Councilman Nichols: At the time this came up previously the Council accepted the Blue Ribbon report there was a discussion, and it was my view then that for the short range we had taken all that we should attempt to accomplish. I personally would like very much to ascribe to your views - Councilman Chappell, but I don't feel we are ready or should undertake the construction of an auditorium at this time. I define "short range", as being in the next couple of years. I feel we should get the Civic Center underway and establish our financial situation before coming back to an auditorium. • Councilman Chappell: I remember that meeting, and.I hope with the amount of items we come forth with and the information -we have, we can make a decision. I feel we definitely have a need for it in this community and although it will not pay for itself completely, I hope we can figure out a way to finance it. I feel it is time we make a decision. Motion carried. - 30 - • REG. C.C. 2/10/69 Page Thirty-one COUNCIL COMMITTEE REPORTS - Continued Council discussed date for the Study Session on the Auditorium. Mayor Gleckman suggested that the first session be a general public meeting and that no special invitation be sent to the Blue Ribbon Committee members, just an open general discussion. Council agreed. Date set April 7, 1969. Councilman Lloyd: Mr. Aiassa, I have some literature here on helicopters sent to me as a result of our further studies. I have not had the opportunity to ride in the helicopter as yet, we have not been able to get together. Do you want me to make any comments with regard to this? Mr. Aiassa: I would like to get some more facts first. For Council information the City may be given a helicopter. Councilman Gillum: Before this thing gets stretched out of proportion may we have a staff report on what you are working on? So people don't misconstrue what is taking place. Council agreed, stating they were in the dark. Councilman Lloyd: Your points are well taken. Councilman Lloyd: I note here and I think it should be brought forth that Mr. Aiassa has returned $100. to • the City, which he received as compensation for a presentation given. Mr. Aiassa: Mr. Menard, Mr. Zimmerman and myself gave a two hour presentation for potential Peace Core candidates to Venezuela. I felt we did it during city time so we gave the compensation back to the city government. Councilman Lloyd: I don't know when the actual time was taken but my immediate reaction was if you people did this it certainly was laudable, and although I know that if any employee of the city does this on city time and receives compensation they must promptly turn it over to the City, but I would rather see it go to a charity. Councilman Nichols: I can't agree with you Councilman Lloyd. I think if an employee goes out on city time and performs a function largely because he is a city employee that the compensation should come back to the City. Mr. Aiassa: I would like to state that.this Venezuela experiment is the first one, there will be others started. The students are taking a • very hard course. (Explained) They are a very sharp group of individuals, very responsive and I believe will be a good repre- sentation of America to Venezuela. They are coming to us on the 18th again for a few hours. Mayor Gleckman: I think it is nice that you did that. Councilman Gillum: I have to report that I was a great success as MC at the West Covina Birthday Party - - Seriously I would just like to commend the Council for all of us being there, and the City Manager and many REG. C.C. 2/10/69 Page Thirty-two COUNCIL COMMITTEE REPORTS - Continued of the Department Heads. I feel it -was a very fine showing of the City. I know the West Covina Beautiful people did appreciate the government turn-out"by city staff. • ------ Mayor Gleckman: Mr. Aiassa - when the Stolport situation came up we gave all that material to the staff for a report? Mr. Aiassa: We are doing that now. Motion by Councilman Gillum that demands be approved totalling $371,879.27 as listed'on Demand sheets B404 through B407, and payroll reimbursement sheets. This includes time certificates and deposits in the amount of $100,000. Seconded by Councilman Nichols. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum., Lloyd, Mayor Gleckman NOES: None ABSENT: None Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that at 10:50 p.m., this meeting adjourn. I ATTEST: 'CITY CLERK APPROVED: MAYOR rr It -32-