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03-10-1969 - Regular Meeting - MinutesN MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA MARCH 10, 1969. ------------------------------- The regular meeting of the City Council was called to order by Mayor Leonard Gleckman at 7:33 p.m., in the West Covina Council Chambers. The Pledge of Allegiance was led by Councilman Chappell. The Reverend Edgar A. Doering of the Shepherd of the Valley Lutheran Church gave the invocation. ROLL CALL Present: Mayor Gleckman; Councilmen Chappell, Nichols, Gillum, Lloyd. .Also Present: George Aias-sa., City Manager George Wakefield_,- City Attorney Lela Preston, City Clerk Owen_Menard, Planning. Director Ge-orge Zimmerman-, Ass-' t . City Dngineer Kirk Wilson, Recreation Superintendent Betty Plesko, Recreation.& Park Commissioner Robert Nordstrom, Recreation & Park Commission Chairman Ben Bateman, President - W.C.C.E.A. APPROVAL..OF MINUTES February 24, 1969 - Approved as submitted.. Motion by Council man__Llo.yd ..... s.e.conded by Councilman Gillum, and carried, that the Council Minutes of February 24, 1969, be approved as submitted. March 3, 1969 - Approved as submitted. Motion by Councilman Lloyd, seconded by Councilman Gillum, and carried, that the Council Minutes of March 3, 1969, be approved as submitted. ANNUAL__ RF.=TI..OLT._ .AWARD... _ .. Mayor Gleckman announced that Robert Nordstrom, Chairman of the Recreation &...Park___C.ommi.s.sion_, __was.-__pr..e-s.ent....t-onight._.and...wo-uld., make ... the.Annual Recreation _.._.... _._.. Award.. presentation. __.._...__._ ..Robert. Nordstrom,. Chairman ( In summary)...___The. Recreation & Park Re_cr.e.ati.on_ &..._Park__C..ommis-si.on__ -.. Commis_sion. has_ _undert.aken a program --.-.-City. of. West.. Covina-._ of giving certificates. of .merit to _ de -serving- .individual.s...who have c on- .c.ontribu.ted to. -Re-creation & Park conservation needs. With each quarter _of.. the. .ye.ar.-one. .or__more.__nominees-_ of this ._.a.wa.rd_..are_. granted recognition for their._per.s.onaL_.dedicat.ion..._...From..the.. quarterly award winners the Commission then aelacts_ one_ per.son...wha._ is___to_ receive the Recreation & Park Commission award... -of .-the. year.... . With. us.,. this- evening, --we.- have a gentleman who is beyond doubt .most._ des.erving._ o.f. this award- .-His;.personal achievements with .working_ .wj_th.- young.__b.o.y.s._. and_. girl.s._..w.oul..d- not appear above the ordinary when it is stated.that.his efforts. -were -devoted to ....scouting, bowling,._dancing__.and....c.ouns.ell.ing-._.._._.But__when-it is emphasized that. the. young people...he....served., ar.e_ .known._as._ untrainable or mentally ....retarded children then his devotion_.,and...his.._.dedi_cati.on.__are_ _nothing less -than extraordinary...... _This.....gentlem.an.._f_ound.ed_...B.o.y. _ Sc-out. . Troop #460 , which _..has_. grown from 5 to _15. b-oys. now perf arming regulation duties. He personally picked up the boys from four different school districts for weekly meetings, including West Covina. He planned picnics for the - 1 - • • REG. C.C. 3-10-69 Page Two _.ANNUgL.RECREATION AWARD.-. Continued family._.and._.encourag.ed.-fathers to take an active part_.. In addition to _.sc_outing-he .undertook the .sp.ons.orship. an.d..f.inanc.i.al..-responsibility of a _.........danc.e.._f.o.r._the,s.e young_._p.e_opl.e.._. . The_.first...danc.e._was. .in.._19-57 attended youung- _peop.le.._. Today. -there .are. 75 .e.nj,oying.,this_ ,ac.t'ivity. He _paid___the.__rent.__on._..the...hal.l.,. furni.she.cL.the .re.fr.eshments and. provided t.r_ansp.ortation when needed.,. and .duri.ng...the last -..two yearshas hired a four. -piece band.. He accepted financial assistance if it was offered, ....but nev.er.requested it.. To the City Council and the citizens of this City_.it is. my pleasure to .present the award of the_ year to 1Kr..._ Me.rwin..Spall.er. (.Pre.sent.ed Resolution No. 122 to Mr. Spaller and extende.d...c.ongratulati.ons_.f.or._a.. job way beyond in quality and well done. Mayor-Gleckman offered his congratulations and that of Council.) ....PUBLI.0 WORKS ..ITEMS PR_O.JEC.T. SP-6.90.1.7..... LOCATION-: E.ckermgr.. Avenue from _... STREET....IMPROVEMENTS___...._.. _......._..... _ Azusa .eas.terly.. 200--f.e.et..... Mo.ti.on by Councilman Gillum, seconded by Councilman Lloyd, and carried, that Council approve the transfer and.. assignment_ of. funds....as requested .in_.the. Marsh..7, ..1969.,. .staff. r.e.p.ort .and rac.ommendat: on... Moti.on_by Councilman Gillum, seconded by Councilman Chappell, and carried, that Council. -approve plan_s....and,specifications for City Project SP-69017 and authorize :the..City Engineer to call for bids. RESOLUTION NO. 3950 ADOPTED DIRECTING THE RECORDATION THEREOF The City Clerk.presented: ".A__RESOI,UTION OF. THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A. -CERTAIN .WRIT-TEN.___IN-STRUMENT AND (PRO.JECT....SP-68007 )..." Mayor Gleckman: Hearing -no objections., waive further reading of the body of_ said._ Re_s.o.luti.on.. 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 PROJECT SP-69005 LOCATION: Cameron Avenue from Lark CAMERON..AVENUE STREET Ellen Avenue to Azusa Avenue and west IMPROVEMENT DISTRICT side of Azusa Avenue from Cameron (AD-1-68 (1911 Act) Avenue to approximate-ly.100 feet north of Alaska Avenue. Motion by Councilman Lloyd, seconded by Councilman Chappell, L , accepting City Engineer's report. COUNCIL DISCUSSION Councilman Lloyd: I note from the report, paragraph 4, that the City had gone back to the homeowners a second or third time to make sure every person had an opportunity to speak on this. That....is.the only comment I want to make. Councilman Nichols: A question for clarification. I notice on the bottom of the page it states - as per Council's direction additional notification - 2 - REG. C.C. 3-10-69 Page Three PROJECT SP-690.05 - Continued had been sent to the. -property owners. Wasn't it the Council's intent that those property owners that. had- _de_clin.e.d..voluntarily were to be contacte.d.again.to be given the opportunity to change their position? Mayor Gleckman: Ye.s__it. was-_ . Mr___ Aiassa, do you have any • comment? Mr. Aiassa: They were contacted personally. Motion carried. .._RESOLUT.I.ON NO. 3951 The City Clerk presented: "A RES.OLUTI.ON. OF. THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA, _.... ORDERING THE CITY ENGINEER TO FURNISH PLANS. AND _.SPECIFICA.T.IONS....EOR .THE_..IMP.R0VF2=T.. OF._ CAMERON AVENUE -AND AZUSA .AVENUE. AND RIGHTS OF WAY (AD 1-68)". Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Counci.lman_Gillum, seconded.by Councilman Ll-oyd, that said Re.s.olution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman .NOES: None ABSENT: None Mr. Wakefield: Mr. Mayor, at this point the .City,,Engineer should present the plans and specifications, the assessment district map and the right of way map, before proceeding to the next item_. (Items presented to the Mayor by the Assistant City Engineer..) Now that the presentation of maps has been made, it would be in order to consider the next resolution which approves the assessment district map included in the packet. RESOLUTION NO. 3952 ADOPTED AND AZUSA AVENUE AND RIGHTS OF WAY The City Clerk presented: "A RESOLUTION OF THE..CITY COUNCIL OF THE CITY OF WEST COVINA, APPROV- ING MAP OF ASSESSMENT DISTRICT FOR THE. IMPgOVEMENa_.OF..CAMERON AVENUE (AD 1-68)' Mayor Gleckman: Hearing no objecti.ons_, waive.further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Chappell, that said Resolution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Gillum, Lloyd, Mayor Gleckman NOES: Councilman Nichols ABSENT: None • RESOLUTION NO. 3953 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA, ADOPTING THE OFFICIAL PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF CAMERON AVENUE.AND AZUSA AVENUE AND RIGHTS OF WAY (AD 1-68)." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. - 3 - REG. C.C. 3-10-69 PAGE Four 0 i • RESOLUTION NO. 3953 - Continued Motion by Councilman Gillum, seconded by Councilman Chappell, adopting said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None ___RESOLU.TION NO. 3954 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA, INSTITUTING PROCEEDINGS AND ORDERING THE REPORT FOR IMPROVEMENT OF ASSESSMENT ­DISTRICT NO. 1-68 (Cameron Avenue and Azusa Avenue and 'rights of way (AD 1-68)". Mayor Gleckman.:.. Hearing -no objections, waive further reading of the body of said.Res.olution. Motion by.Councilman Gillum, seconded by Councilman Chappell, adopting said Resolution. Motion carried on roll call vote as follows: AYES.: Councilmen Chappell, Gillum, Lloyd, Mayor Gleckman' NOES: Councilman Nichols ABSENT...: None.__ Patrick Rossetti (Presented verbally statement of Consulting Assessment Engineer report pertaining to debt limitation, L. J. Thompson summarizing contents of Exhibit A as Manhattan Beach stated in Resolution.) RESOLUTION NO. 3955 The City Clerk presented: "A RESOLUTION OF THE. CITY COUNCIL ADOPTED OF .THE CITY OF WEST COVINA, SETTING THE TIME AND PLACE FOR HEARING ON THE DEBT LIMIT REPORT FOR IMPROVEMENT OF ASSESSMENT DISTRICT #AD 1-68 FOR CAMERON AVENUE AND AZUSA AVENUE AND RIGHTS .OF., WAY: 'RESOLUTION HEARING DATE SET FOR APRIL 28,1969 AT THE HOUR OF 8 P.M." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Chappell, that said Resolution be. adopted. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Gillum, Lloyd, Mayor Gleckman NOES: Councilman Nichols ABSENT: None RESOLUTION NO. 3956 The City Clerk presented: "A RESOLUTION OF THE..CITY COUNCIL ADOPTED OF THE.._CITY.OF._.,WEST__GOVINA, DECLAR- ING I.TS...INTENTION._TO..IMPROVE CAMERON AVENUE AND..OTHER._S.TREETS_.AND_RIGHTS___OF. _WAY.__BY._.THE .ACQUISITION AND CONSTRUCTION_ OF_IMFROVEMENTS__.IN THE_.__CITY___OF WEST_.COV.INA,. CALIFORNIA, DETERMINING THAT BONDS SHOULD BE ISSUED TO REPRESENT COST, THEREFORE DECLARING .THE.. WORK. TO__BE. OF_ MORE. THAN LEGAL OR..ORD.INARY PUBLIC BENEFIT AND THAT THE EXPENSE...THERE.OF_.ZHALL _BE. ASSESSED.. UPON A DISTRICT (AD 1-68) . " Mayor Gleckman: _ Hearing..no objections, waive further reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Gillum, adopting said Resolution. --- COUNCIL DISCUSSION. - 4 - REG. C.C. 3-10-69 Page Five RESOLUTION.NO. 3956 -.Continued Councilman.Gil.lum: Mr. Aiassa - we started out to improve Cameron Avenue between Lark Ellen and ..Azusa and now we are going south towards Alaska. Under my interpretation of the 1911 Act the people included in the District receive a.direct or indirect benefit for the improvement of the streets, is this correct? Mr.. .Wake.f.i.eld : That is correct. Councilman Gillum: Will someone please explain to me how the people on Cameron get a direct or indirect benefit for putting curbs, gutters, etc., on.Azusa.Avenue southerly?_ And..who is going to pay for that ac.quisition? Mr. Wakefield: The benefits of the improvements, as you know are ultimately charged back to the individual property owner on a front foot basis. The benefit to the property owners within the District on a whole is a general.benefit that flows simply from the improvement of the streets within .the limit..a.of.the assessment _district. Tha,property owners benefi.t.simply because the streets are improved and...widened. Councilman Gillum: Mr. Rossetti - as I understand when we improve streets in this District the School District is included and they are assessed a certain portion of the cost? Mr. Rossetti: That is correct. Councilman Gillum: Then on Azusa Avenue the east side, are we assessing those people for the improvements on the west side of Azusa? Mr. Rossetti: No, we.are not assessing.those because they have the improvements there.. Councilman Gillum: Well are we assessing people - the R-1 residents at Cameron and Azusa? Mr. Rossetti: No, we are not. Councilman Gillum: Are they not receiving a direct or indirect benefit from this? Mr. Rossetti: Sometimes when you put improvements in there are benefits that radiate out but there are also certain conditions and in this particular section between Fernwood and Azusa they have the improvements in. So as far as they are concerned the benefits to them would be marginal. Councilman Gillum: The School District has improvements in also. And,;the-­p6ami'it I am trying to make is that it seems we draw the line to suit our needs and now we are going down Azusa Avenue, which wasn't even discussed in the original concept of improving Cameron Avenue. Councilman Nichols: I am much surprised to find that Azusa Avenue is being improved under this project. (Mr. Aiassa requested Mr. Zimmerman to display the map showing the parcel. Mr. Zimmerman explained the Assessment District Map. Mr. Aiassa stated this was the original concept - to improve that whole parcel.) - 5 - REG. C.C. 3-10-69 Page Six RESOLUTION. NO. 3956 - Continued Counc-ilman.._Gillum: __Our original discussion was for improving Cameron Avenue from Lark Ellen to Azusa and Azusa Avenue wa.s__ not_ di.s.e.us_sed. _going in any direction. • (Mr. Zimmerman .-.outlined.. _the -area.-.with. the. use. of the map.. and explained th_e...b.oundarias .of the District. ) Councilman Gillum: This acquisition and cost of curbs, gutters, etc., running in a southerly direction on Azusa - as I understand it the owners_._.wi.11 not dedicate...the.._p.r.operty?.__ . Mr____.Zimme_rman:.. We have. ap_px.o.ached. the _owner. on ..a.. voluntary basis. and . he .did not. agre_e_..... ..Coun.ci.lman....Gillum:._... The amount_. o.f.....the_ add -it! onal._, work going south on Azusa who will bear the.cost of that? The people in this District including the School District and_.. the _ home_s.__Iocat ed.....on. the.. s.o.uthe.rly _side of Cameron ..Avenue? Mr. Zimmerman.:.___ The_..charge.s.. are_._ re:placed.._again_t the _.._._ improved property including the large block of.property here and because of its large area it would rece.ive.. _a.. substantial charg.e_..b.ack against the cost of the project - is..that. c.arrect Mr. Ro.s.setti?.. _... ......-, Mr_. Rossetti: But the improvement of.the street will be also borne by some $40,.0.00 that the City is putting in. What we are charging the people for - since we cannot do it on a voluntary basis - is the curb and gutter; the sidewalk is being put.in by -the City - free. And the School District is coming in on the basis that it is a marginal benefit to them because it will cle.an._up..the_.stre.ets_.....- the children going to and from school will have the use of the streets. Councilman Gillum: Who laid out the boundaries for this District? Mr. Rossetti: The Attorney, staff, and Assessment Engineer. Councilman Gillum: Why didn't we include the R-1 across the street from the vacant property? Mr. Rossetti: They have improvements in already. Councilman Gillum: So does the School District. The point I am trying to make is we draw the line to fit the occasion and here we have done it again. The property owners don't go along so we include the School District. I cannot support going southerly on Azusa because this wasn't our concept to begin with. Councilman Nichols: Obviously if the School District agrees because • they benefit and I can understand this, but on the other hand if the School District in that assessment district benefits from the improvement of Azusa Avenue southerly of Cameron then surely the houses across the street on Cameron Avenue would benefit at least equal to the School District. Mr. Rossetti - let's say that the area along Azusa Avenue were struck out of this District, would this in your judgment result in any change in the assessment being spread upon the individual properties on the southerly side of Cameron Avenue and if so what would be the nature of that difference? - 6 - REG. C.C. 3-10-69 Page Seven RES.OLUTI.ON N.O. 3956 - Continued Mr. Ro.s.s.etti: It would reduce them slightly because generally speaking the School has all this improvement in and.what'the School contri- buteE will reduce the assessment on these -.properties. Councilman Nichols: What you are saying then - if Azusa Avenue portion were deleted from the District the assessment on the smaller property parcels would be less? hr..-Rossetti: Yes. Councilman Nichols: Then I could not support the inclusion of .Azusa Avenue. Mr. Rossetti- Only that portion which is used to reduce the total assessments in this area - mainly the contribution by the School which would be four.. or five... thous.and.....___If..._this_.._wer.e.._a...privat_e._prnpe.rty, not a School it would receive substantial..b.enef.i.t. Councilman Nichols: Is it legally po.ssibl_e.f.or the City of West Covina to make a contribution to the assessment district so that the result of the contribution would be that the cost..to_the individual -property owners with the Azusa Avenue frontage in the District would not exceed that cost with Azus.a..Avenue. out..of the District? (Explained with the use of the map by stepping to the Board.) Mr. Rossetti: Any contribution by the City would be applicable on a dollar basis ratio through- out the District_.. Mayor Gleckman: I know it is..very imp-erative and Counc.i.lman.. Chappell_ an.d..myself and the other members of the Council have a desire to see Cameron Avenue on the south sid.e .improved.from..Lark Ellen to Azusa and I can see the benefit of doing the balance of Azusa Avenue from the standpoint of getting the job done., but we -have had enough problems with the 1911 Act in the.City of West Covina because it happens to be the only method we can get our present street system widened to the proper proportion, which should have been done years ago. But this Council has had the guts to get it done., but this is adding a bit of wood to the fire because we are excluding houses directly across the street from the benefits. Mr. Aiassa - have we ever had the 1911 Act put in force by this Council where people living directly across the street have not participated in the assessment? Mr. Aiassa: I would have to check it. Mayor Gleckman: To my knowledge I have never voted for a 1911 Act that went around corners or excluded people directly across the street from the improvement. I would like to know who set the precedent. Mr. Aiassa: I wouldn't make that statement because on Lark Ellen we went around the corner on one property. Mayor Gleckman: Is that particular piece of property included in this assessment district? Mr. Aiassa: les it is. Mayor Gleckman: In other words he not only paid for that but is going to be included again? - 7 - REG. C.C. 3-10-69 Page Eight RESOLUTION NO. 3956 - Continued Mr. Zimmerman: Not double, but he will pay for a portion of it. Councilman Gillum: Another point - As you say Mr. Zimmerman, we are planning our 5 year program to widen Azusa but it seems like we are trying to put this all into one District. How are we going to assess for the improvement of Azusa Avenue? We already have this section improved with curbs.and gutters only we have assessed the people on Cameron and then we come along a little later and tell them we are going to widen and improve Azusa - who is going to pay a proportionate share? Mr. Zimmerman: The only unimproved portion on Azusa Avenue where both dedication and curb and gutter are required is this one location. The rest of the street between Cortez and Francisquito is dedicated full width and -has all the curb and gutter installed at the present time_ s.o..this is the only chance to get that acquired by district because it would stand by itself and there would be no other district. The result will be the alternate - for the City to perhaps buy the 20' of right of way and install the curbs and gutter at its own cost. Mayor Gleckman: Is it possible for the City to run the 1911 Act down Cameron Avenue only? And Mr. Aiassa - going around the corner as you did on Lark Ellen - you want to talk about things being done pro- perly and improperly - I never thought we could go around the corner unless it was kind of voluntary because on the Messinger property at the corner of Service Avenue and Lark Ellen where we really need the improvement we never went around the corner, we just did Lark Ellen. I am kind of curious why we went around the corner here and not over there? Mr. Aiassa: This is a single owner and if this parcel were owned by more than one individual we would have a legal problem. Mr. Rossetti: We are talking about a $103,000 assess- ment.approximately, and the reason we built our boundaries the way we have is because we have acquisition on one side. This acquisition is a considerable amount of improvement. This street is being constructed by funds the City is putting in. I presume if this' -went on a voluntary basis we are talking about an assessment of about $8,000 on the streets for curbs and gutters, so the acquisition to acquire this land of about $36,000 is going back to these people for the acquisition of property on this side. Since you cannot get a voluntary it is going to cost you $10,000 more. If they would give the land probably the City would go through and the assessments would be very minor. Mayor Gleckman: Didn't you say the last time we had the 1911 Act about giving a credit back to those that have their curbs and gutters in. Are we doing the same thing here? Mr. Rossetti: We are doing it with this one on the corner. Mayor Gleckman: Thank you. Then he is not paying twice. Councilman Gillum: Two things disturb me; first of all we talked about Cameron Avenue going down to Azusa. Secondly, we are excluding people that I feel will get a direct benefit on the north side of Cameron Avenue - the R-1 homes. I am sorry I cannot buy the district boundary lines as laid out. - 8 - REG. C.C. 3-10-69 RESOLUTION NO. 3956 - Continued Page Nine Mayor Gleckman: My only comment is the people on the north side do have their curbs and gutters as does the School and if you are giving back a credit to the people for having their curbs and gutters they have come out just about scout free and the School District is really the bearer of putting in a fewextra dollars more so than the single family residents. Is that correct? Mr. Rossetti: Yes. Mayor Gleckman: And they have agreed to do this on a voluntary basis? Mr. Rossetti: Yes because generally speaking -they use that .street more than anybody else. Motion carried on roll call vote as follows: AYES.: Councilmen Chappell, Lloyd, Mayor Gleckman NOES: Councilman.Nichols, Gillum ABSENT: None RESOLUTION NO. 3957 The City_Clerk presented: "A RESOLUTION OF THE. CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA, DETERMINING THAT LIQUIDATED DAMAGES .SHALL BE PAID IF WORK IS NOT _COMPLETED IN TIME LIMIT .SPE.CIFIED, CAMERON AVENUE.AND AZUSA AVENUE RIGHTS OF. WAY (AD 1-68)." Mayor Gleckman: • Hearing, -no objections, waive..further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd, adopting said Resolution. Motion carried on roll call vote as follows: AYES.: Councilmen Chapp.ell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT None. (Mayor Gleckman welcomed Girl Scout Cadet Troop No. 128, and thanked them for their presence.) STREET LIGHTING DISTRICT LAD 66-71 LOCATION: Throughout the City Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, to accept and file the Engineer's report. RESOLUTION NO. 3958 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA, CALIFORNIA, LEVYING THE ASSESSMENT FOR THE FOURTH YEAR (OF THE FIFTH YEAR PERIOD) BEGINNING JULY 1, 1969, AND ENDING JUNE 301 1970, PURSUANT TO PROCEEDINGS UNDER RESOLUTION OF INTENTION 3393; ORDERING THE CITY CLERK OF SAID CITY TO TRANSMIT, DECLARE THEIR ASSESSMENT TO THE COUNTY TAX COLLECTOR AND ENJOINING SAID TAX COLLECTOR TO MAKE COLLECTION OF SAID ASSESSMENTS FOR SAID FOURTH YEAR. (STREET LIGHTING ASSESSMENT DISTRICT NO. 1966-1971)." 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 - 9 - REG. C.C. 3-10-69 Page Ten STREET LIGHTING DISTRICT LAD 68-71 LOCATION: Annexation No. 192 and Giano School. Motion by Councilman Gillum_, seconded by Councilman Chappell, and carried, to accept.and.file the Engineer's report. RESOLUTION NO. 3959 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, LEVYING THE ASSESSMENTS _.FOR.. THE SECOND YEAR._ (.OF. TEE_ ..THIRD.. YEAR PERIOD). BEGINNING JULY 11 1969 ._. AND _ENDING JUNE 301 1970. PURSUANT TO .PRESENT HOLDING_. RESOLUTION OF INTENTLON..NO.... 3808;. ORDERING .THE..CITY ..C.LERK.. OF SAID CITY TO DIRECT, ..._..DECLARE THEIR ASSESSMENT TO .THE COUNTY TAX COLLECTOR AND EMPOWERING -SAID TAX, COLLECTOR.. TO MAKE.. C.OLLE.CTION._..OF.. SAID ASSESSMENTS FOR_ SAID SECOND ___..YEAR.. (.STREET .LIGHTING'. -ASSESSMENT DISTRICT. NO.. 1968-1971) .." Mayor Gleckman.:.. Hearing.. -no objectiona., waive further reading of the body of.said Reso.luti.on. 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 Action of March 5, 1969. . Mr. Menard: One item not on the agenda is the letter from the Chairman of the Planning Commission requesting funds. This is listed on the action sheet. (Council reviewed action of March 5, item by item.) Mayor Gleckman: We have a memo dated March 6th regarding a citywide mailing and the funds needed. I would entertain a motion that the necessary funds be allocated for the purpose of sending to each household in the City at least 10 days prior to the 16th of April notice of public hearing regarding the General Plan. So moved by Councilman Gillum, seconded by Councilman Chappell. COUNCIL DISCUSSION Councilman Lloyd: I appreciate what the Planning Commission is trying to accomplish by way of sending this out. I am not really sure but what a post- card notice to each household asking "if you wish one of the plans it will be sent to you..." rather than sending them one. • Mr. Aiassa: That is really what they are doing, only notifying them of the public hearing. Councilman Lloyd: Then notice of the public hearing will not cost $1500. Total household mailings for about 14,500 homes in the City shouldn't cost more than seven or eight hundred dollars on a bulk mailing. Mr. Aiassa: They also have to be addressed. I would suggest that you refer this to the City Manager and we will get an actual cost report back to you. - 10 - REG. C.C. 3-10-69 Page Eleven PLANNING COMMISSION - Continued Councilman Nichols: I would be strongly in opposition to the expenditure of any substantial outlay of funds for this purpose. My reason would be that I feel any citizen of this community interested would be interested enough in his community to want to know about the General •.Plan and hearings would be a citizen that would have any number of ways of knowing that the General Plan is going to be heard and adopted, and he would be probably taking one or more newspap.ers.,. etc. I don't think the mailing of separate notices to all of these homes at this cost would serve any particular informational basis that wouldn't have been served by the publications. I feel we would have better places to expend our monies. .Mayor Gleckman: I would like to agree with Councilman Nichols in his remarks.. I commend the Commission in their intent but I don't think the City will benefit their monies worth out of the mailing. I believe the City can handle the same thing with their good relations with the newspapers and will get the same results. Motion defeated on roll call vote as follows: AYES: None NOES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman ABSENT:_ None Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, to accept and file the report of the Planning Department, and the •summary of action taken by the Planning Commission at its regular meeting of March 5, 1969. Mayor Gleckman: There was also a request in the memorandum by Mr. Pontow, City Engineer, regarding setting a meeting March 31, 1969, as an adjourned council meeting for receiving final report of the Traffic Consultant. So moved by Councilman Lloyd, seconded by Councilman Chappell. COUNCIL DISCUSSION (Mayor Gleckman suggested that due to this being Easter Week, it might be well to consider some other date for the meeting. Council discussion followed. A tentative date of April 14th was suggested with no definite decision. Mayor Gleckman then called for vote on the motion on floor.) Motion defeated. All Councilmen voted "nay". Motion by Councilman Nichols that Council direct staff to schedule a meeting on some date other than the 31st of March or Easter Week for the benefit of Council members so they have the opportunity to be briefed on the Traffic Study. That this meeting not be scheduled as a regular meeting and scheduled only for those council members who care to be • present. Seconded by Councilman Lloyd. Mayor Gleckman: This brings to mind a question I have had for sometime - Mr. Aiassa is it at all possible for staff to check into the scheduling of at least one meeting a month starting at 3:30 or 4 p.m. on a Monday, so that staff and Council would be in attendance and it would be an open discussion meeting, inviting press, and we could go over these items and not have to schedule them in an adjourned meeting. We might then be able to omit some of these extra meetings we are having. Mr. Aiassa: We will be glad to submit a report to Council. REG. C.C. 3-10-69 Page Twelve PLANNING COMMISSION - Continued Councilman Nichols: Mr. Mayor - it was my intent if this be the case that this type of activity be scheduled later in the afternoon, perhaps 4 p.m., and those available can come and those for some reason that can not attend will not feel that they are missing.a.s.cheduled council • meeting. Mayor Gleckman: You might give some thought - Mr. Aiassa, to scheduling this once or twice a month to cover up all the loose ends, so we can discuss with staff some of the things informally rather than sitting here at a Council meeting and having to gu&d—, our words. These meetings might be a little more informative. The motion now is for Mr. Aiassa to determine when the Council and the consultant can make it and inform Council. Motion carried. City Council initiate a Capital_Improvement Program re. Resolution 2129 Motion by Councilman Nichols that Item 2 be referred back to staff and City Manager for a recommendation back to Council as to whether and when we should proceed. Seconded by Councilman Lloyd, and carried. .RECREATION & PARK COMMISSION Review Action of February 25, 1969 . (Items individually considered by Council) Mayor Gleckman: Item 3. I have a letter from the Chairman of the Recreation & Park Commission which .went into detail about the -benefits -the City could accrue from taking into consideration these type of confer- ences and referring to this one in Washington, D.C. Mr. Aiassa, do you have any comments? Mr. Aiassa: We have a recent input that this is actually a forum and I would like to have this referred to the City Manager to check into and see if there is one scheduled for the Pacific Coast and if there is not we can then consider sending a representative to the East Coast. This is not scheduled until April 23 - 26, so we have a little time. Councilman Nichols: I have one thought. The Council has the responsibility for budgeting the City's operations for a given year. We have a number of Commissions and Boards, and I think they do themselves a disservice when on a relatively spontaneous basis they determine they would like to attend a conference which has not been budgeted. I would urge upon the Commissions that they look closely into their needs for the year and submit them so that the Council at budget time can consider them. Councilman Gillum: things as the conferences, think this goes along with were going to check into it San Francisco? Mr. Aiassa: It has come to my attention there seems to be a lack of information being directed through the Department to the Commission on such publications, and things of this type. I what I brought up last time. Mr. Aiassa - you to see what happened on the conference in There is a report coming. Councilman Gillum: Alright. All I can say is that some of the Commissioners were not even aware of these things until they attended the conference in REG. C.C. 3-10-69 Page Thirteen RECREATION &.PARK COMMISSION - Continued San Francisco. I don't think it is a case of waiting to the last minute and then deciding, but of their not being aware of these opportunities for enlightment in areas of service to the City. . Mayor Gleckman: My own feeling is that some of these things are very worthwhile, and help our Commissions to bring back new ideas and new methods of financing our different needs in the City and I would look favorably on it providing that Councilman.Nichols remarksare taken into consideration that the money is budgeted. I would also suggest that these requests should go through the City Manager rather than coming directly to the Council. Mr. Aiassa could analyze the request and then make a report to the Council and then we could take action on it. Councilman Nichols: Mr. Mayor - the Commissions are our own representatives in that sense the request _might be directed to Council, although I think it would be helpful if they would coordinate these items through the City Manager's office. I would hope the City Manager would impress upon the. Department Head the responsibility for informing his Commission of these conferences in advance so that we may consider them at budget time. Motion by Councilman Nichols that this item be referred to the City Manager for investigation and a report back to the Council along with the amount of funds needed for the activity or alternate activity that .may be available locally. Seconded by Councilman Gillum, and carried. Motion by Councilman Lloyd, seconded by Councilman Gillum, and carried, that Council accept and file the minutes of the Recreation & Park Commission of February 25, 1969. HUMAN RELATIONS COMMISSION Minutes of January 23, 1969. Motion by Councilman•Nichols, seconded by Councilman Gillum, that the minutes of the Human. -Relations Commission dated January 23, 1969, be accepted and filed by Council. Councilman Chappell: In the minutes on Page 5 it should read "by Dr. Thyberg". I don't know where they got the name of Dr. Tate. (Mayor Gleckman requested that this correction be made in the minutes.) Motion carried. THE CHAIR DECLARED A RECESS AT 8:43 P.M. COUNCIL RECONVENED AT 8:54 P.M. 0 ORAL COMMUNICATIONS Lee Mohnike I am on the agenda under Written Communications and I would like the Council to know that I am here and should they care to discuss further the application that has been made by Marvin Danio. I live in Oregon and I am here just for the week. I would appreciate it if you are going to consider this request that you discuss it this evening. -1 13, REG. C.C. 3-10-69 Page Fourteen ORAL_. C_OMMUN.ICATIONS - Continued Mrs. C. Morris I am here on the issue of the stop sign needed 527 North Broadmoor at Broadmoor and Rowland. About two months West Covina ago two little children were killed at that corner. It is a blind street and approximately 50 children have to cross the street each day to go to school. It is a big . hazard to the children and to the automobiles. WRITTEN COMMUNICATIONS a)Letter from County Sanitation District No. 22 re. proposed Annexation No. 78 Motion by Councilman._.Chapp.el.l, seconded by Councilman Gillum, and carried, to receive and file. b) Letter from Stevenson & Nichols re. Marvin Danio Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, that this item be held over and discussed concurrently with Item M. c) Resolution of City of Long Beach re. County Services Motion by Councilman -Nichols, seconded by Councilman Gillum, and carried, that this item be received and filed. d) Resolution of City of Arcadia re. control of water pollution Motion by Councilman Chappell, seconded by Conncilman Lloyd, and carried, to receive and file. e) Resolution of City of Gardena re. airport height Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, to receive and file. f) Resolution of City of Stanton re. off -shore airport Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, to receive and file. g) Letter from Robert F. Redmond re. drainage Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, that this item be referred to staff. h) Resolution of City of Inglewood in opposition to latest Court consolidation plan submitted to State Legislature as Assembly Bill No. 238 Moti_on.by Councilman Chappell, seconded by Councilman Gillum, and carried, to receive and file. i) Resolution of City of Rosemead re. allocation of County expenditures to contract cities Motion by Councilman Chappell, seconded by,Councilman;Gillum, to receive and file. = 14 REG. C.C. 3-10-69 Page Fifteen WRITTEN COMMUNICATIONS - Continued WRITTEN COMMUNICATIONS - Item i - Continued Councilman Nichols: I would like to read one section from this report, which I think points out a point of view. "The League of California Cities takes cognizance of the fact that contract cities_ are currently paying more than their equitable _.sh:ar.e _of the expenaes_._o.f.__.county operations." I think in receiving -and filing we ought to receive, file and disagree as...we.11.,. because I don_'.t think most of .these contract..ci.ti.e.s. are paying anywhere near their share for the services they are receiving.. Mayor Gleckman: Not only that, this happens to be a statement by the City Council of the City of Rosemead and being on the Committee that did take a look at this, the League of California Cities did not take cognizance of the fact that contract cities are paying more than their share, and I might add Rosemead must be a contract city. Mr. Aiassa: Yes, it is. Motion carried. j).Letter from West Covina Chamber of Commerce commending City Council for installation of traffic signals at Barranca Avenue and Cortez Street Motion by Councilman.. Chapp.e.11,... s.e.c.onded_ .by Councilman Gillum, • to receive and file. Councilman Lloyd: I think it is very nice that the Chamber of Commerce took the time and trouble to write City Council commending them for something we did. We often hear of some of the things we do wrong and it is very nice to have people point out the fact that we really do try and do the things that are right. Motion carried. k) Resolution No. 6944 of the City of Torrance urging support of S B No. 4 Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, to receive and file. 1) Letter from City of Beverly Hills re. inequities in Distribution of Costs for County Services Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, to receive and file. Opm) Letter from Louis A. Mohnike re. ABC Application of Marvin Danio Mayor Gleckman: This is the item we decided to take up with Item G2 b. Does Council have any objections to the attorney Mr. Stevenson having the floor? (No objections by Council.) Jack Stevenson, Attorney West. Covina My client was not at the meeting where this matter was passed upon - February 10th. If I may point out a few things to Council you may be inclined to change the decision you made at that time. The - 15 - REG. C.C. 3-10-69 Page Sixteen 0 WRITTEN COMMUNICATIONS - Item M - Continued application for this on -sale beer license is for the location commonly known as Stage Coach Inn.located on Sunset Boulevard. That building was constructed'over 10 years ago for a single purpose - a beer bar. The owner bought it at a time when it was so licensed and to deny the license now wi11 create -an economic hardship on him. For over 10 years it has operated as a beer bar and to my knowledge there have been -no complaints filed with the.West Covina Police Department. The applicant - Mr. Danio is an ex -police officer and is now disabled. You talk about the.density of the beer bars in the area - there are 2 bars. I point out there are 6 within one block on Glendora. I would ask you to question Mr. Mohnike as to his motives for appearing. I think he is the owner of the bar next door and I think he is trying to regulate competition. _Thank' -i.you Mayor Gleckman: In all fairness to Mr. Mohnike - you have a written letter, would you like to address the Council.in.addition to your remarks made before? Louis Mohnike I would like to address the Council. I was the person that built the building. It was not built as a single use building. It was built as a conventional store with a, -:conventional front and was later filled in with plaster, bricks, etc., and could easily be removed and converted back to a store building. I think in my letter I made it clear about my motives. I did not, nor did I ever really want the beer bar or cocktail lounge in either one of those buildings. We have done this simply to get the beer bar thing under our control and we have had untold grief with the beer bar as owners of the adjacent property, including a lawsuit from one of the customers of the beer bar - a lawsuit which is still pending in the amount of $200,000 against us. Frankly we just don't want anymore of it, if we can help it. And if it is possible at the expiration of the lease on the tavern we will terminate the lease and put a.different type of use in there, thereby cleaning out the whole beer bar mess in there. Councilman Nichols: What do you mean - "if it is possible?" Mr..Mohnike: We have the problem of finding tenants. We held out over a year with that building being vacant before and we had numbers of beer bars that would have liked to come in. Councilman Nichols: But sir, you indicate to Council that if Council would in fact maintain its protest that you would then follow through and remove the last of that type of use in the area. Is that a firm pledge on your part? Mr. Mohnike: That is exactly what I mean. Yes. They do not have an option to renew their lease. Mayor Gleckman: How did you happen to lease this building to the same people at the other bar? Mr. Mohnike: They came to me because their lease had expired and apparently the man was trying to hold them up on price. They came to me and said you have had the building vacant for a year, I will take it under any kind of a term and actually they paid us what we were asking for it and so we limited it to a 2 year term. Mayor Gleckman: It wasn't the idea of a beer bar then, but the idea of getting your rent? Mr. Mohnike: Yes, we needed the rent. 16 - REG.. C.C. 3-10-69 Page Seventeen WRITTEN COMMUNICATIONS - Item M - Continued Councilman.Nichols: Sometime ago there was a recommendation from the Police Chief that the Council protest the use in this same facility and the basis for the __.Department's recommendation at that time was on the basis of a saturation of licenses, and I voted then to uphold the Chief on this matter an.d.it would be rather difficult for me to change my position on this .matter now and not to oppose his recommendation on the same facility. I don't know of any circumstances that have changed and I had hoped we could hold this matter over but we find now the hearing is next Wednesday. So speaking only for myself I believe it would be in the best interests of the community if I simply indicated I don't intend to change my position of .a week or two ago. Councilman Gillum: Mr. Wakefield - this is something that has disturbed me greatly. The point was made that we have 6 of these establishments within a block on Glendora - is there anyway for a City through the business license, can someone find a way to restrict the number of beer bars in a community? I.am not against private enterprise, I like my beer, but it does disturb me that everytime we have an empty building someone comes along and puts in a beer bar. I think -we have enough of them, yet we have no right to restrict them. Is there anyway of restricting this? Mr. Wakefield: No, there isn't. The licensing to sell alcoholic beverages has been pre-empted by the State. The only authority the City has is to protest the issue of the license, as you have done in this case and other cases. Councilman Gillum: Do you have any knowledge where it has been successful of a City protesting on the basis that there are enough in the City, and using this only as a reason for protest? Mr. Wakefield: This again is a matter for the ABC Board to pass upon. It is one of the factors which they take into consideration in deciding whether a license should be issued but not necessarily the only factor. If there are other establishments in the area. -they may decide that one more is not going to break the camel's back. Councilman Lloyd: Mr. Wakefield - Am I to understand if this Council would act unfavorably on this request that nevertheless is not th6'.b.inding factor - that the Board could then turn around and make a decision on its own which would supercede this decision? Mr. Wakefield: That is correct. Normally if there is no protest from the public agency or the property owners in the immediate vicinity then a beer and wine license is issued.without a hearing. If there is a protest then. of course there is a hearing matter and the decision is made by the Hearing Officer and the Alcoholic Control Board. Councilman Lloyd: Mr. Menard - I understood the answer from the City Attorney - however I was wondering if in the area of planning and zoning if there were not someway of limiting the number within so many hundreds of feet, blocks, units, or whatever - would you comment on that? Mr. Menard: I am sure the City Attorney could speak to the issue better than I, but I know of some cities that have attempted to do that on drive-in restaurants, the same as we have, limiting them to a certain distance from each other in certain zones. I know of other cities that have limited by virtue of the zones they have established indicating that these kinds of uses would or would not be allowed in that particular zone. - 17 - REG. C.C. 3-10-69 Page Eighteen WRITTEN ..G.01=ICATIONS. - Item M - Continued Councilman Lloyd: In your opinion it is pretty difficult to make this type of limitation? Mr. Menard: I am. not certain as_ to. its difficulty - - I worked in a City where it was..done. ..C_o.un.c.il man . Chapp_e11: This is kind of a new area for me. What happens if it does create a__police problem, then at that time can we do something about it? Mr. Wakefield: No. The only thing we can do is go back to the ABC Board with a.re,que.s.t that the license be revoked and this is a uphill fight again because it is much more difficult to revoke a license once issued than to deny in the first instance. And.. in any event it requires. a hearing before the Board. The license may or may not be revoked..... Mayor Gleckman.: My .fee.lings_.are_...two_-f.old.._.....First of all I go along_ with the Chi.ef'.s_..r.e.commendation in the past becau.s.e _.of ..the.. report .on the particular person . operating ._the beer bar..,.. We — have situation throughout ..our community .both on Valley Boulevard and .her.e...an.d...it. has always been based on. the background --of the individual..ope.rating the bar and not necessarily on the location of the bar... I am_.no.t a great advocate of beer bars but at the sametime. I cannot_ se-e tur iing...down...a_.b.eer bar _ .-because of location or because we feel we .have_ t.00 .ma.ny_ .in_ that location. How much is too many?. Two.- Three - Four? Does_..thJs... Council feel they would like to go .on record. as saying they. will.. allow_.two. beer bars - four appliance st.o.res - three .shoe sto.re.s_,. etc.. If we are going to turn it down let's do so on some merit and.not on an.emotional feeling. The Chief states something about the location with regard to the Civic Center and yet at the time the move was made from this building to out front facing the Civic Center we had 300 signatures against the move and yet there -was no protest recommended-.. by. the.. Chie.f._.o.f_ ..P.olic.e.._that this location be moved from the back of the place to the front where it was right across the street from the Civic -Gen -ter. Numb.er 2, the number one objection is the.pers.on involved in operating..__a....beer bar....and.Mr.. Danio - as far as the report is concerned.- is clear, he..has_..n.o..._.record, he is an ex - West Covina Police Officer, and. disabled.. I think. the. grounds for not granting a license in this- particular area_.sho.uld.have.a little more merit than the idea of saturation.. I don't know.how two got there or how one got there and.I don't know.of any.r.esiden.tial peo.pl.e.that are here this evening to complain_ about.the..lo.cation and the bar is in existence. The sign is up there, it has been there all this time. ...I don't.have a report, nor does' the.Chief report to us about any problems that ever existed at the Stage Coach per se. I would like to hear the grounds on the basis of turning it down, if we are. I would like to be fair t.o the man attempting to establish a business. If we have some grounds to turn it down, let's state the grounds and turn it down, but otherwise I don't think we should eliminate competition per se because a competitor wants it out. I am sorry Mr. Mohnike but I have to put this in the minutes. I don't buy the idea that you want to get rid of the beer bar otherwise you would not have leased your store up front across the street from the Civic Center to the beer bar guy in the first place, and I don't believe in this control of competition. Councilman Nichols: My vote was based upon the Chief's recommendation which was on the basis of saturation of licenses in the area and that would be the grounds I would be using - and what is saturation? You raise a good point - Mayor, and .I couldn't answer that. I don't know what is the point of saturation. Councilman Lloyd: Is it possible we can have the Chief in to talk to him on this or does it have to be acted on immediately? (Mr. Aiassa advised the hearing was Wednesday - -) - 18 - REG. C.C. 3-10-69 Page Nineteen WRITTEN COMMUNICATIONS - Item M - Continued Mayor Gleckman: Mr. Danio - will you step to the microphone? The question has been asked by a member of the Council and I would like to have the answer. What is the association between you and Mr. J. Lofita? Marvin Danio: No association. He has a building for lease and I would like to lease it. I would be the sole operator, he would_.have.nothing whatsoever to do with it. Mr. Wakefield: Mr. Mayor - if Council desires to change its position, the motion would be to instruct the Chief of.Police to withdraw the protest. Councilman Gillum: I am -caught between two things. I have been told on certain occasions that a certain gentleman has no contact with another in a business way and then we find out later he has. I can understand the feel_i.ng. of. _saturation over there and ..yet. I don't .think_.ue_-have. the right to limit business by categories. Motion by Councilman Gillum that the Council withdraw its protest that is to be before the ABC on the application for Marvin Danio. Seconded by Councilman Lloyd. Councilman Lloyd: Mr. Wakefield - would you reiterate for me - if we are dissatisfied with this and we should pass this recommendation for withdrawal - we • still have recourse? Mr.. Wakefield: You have no recourse after the license is issued except if there are violations of the alcoholic beverage controls, then you can protest and ask for the revokation of their license. Councilman Lloyd: What has-been the historical response of ABC to protestations? Mr. Wakefield: When based..on the question of saturation the license has generally been granted. Councilman Lloyd: Say we experience some difficulty with regard to the activity and we find we are having a higher problem as far as policing the area by issuing this license, would we be forever disbarred from such a protest? Mr. Wakefield: No, not forever disbarred, but it is a difficult task to secure the revokation of a license once issued. Councilman Lloyd: Mr. Mayor - it would be my considered opinion that if we agree to this we are pretty well stuck with what we have. I, too, am very much torn between the strong argument in favor by the Mayor, but I am also guided by the recommendations of our staff, to whom we pay a great deal of money and we say we want to listen to what they have to say and we do and yet I agree I think it is a function of free enterprise. Mr. Danio says there is no connection between he and Mr. Lot_ito; on the other hand I feel we have arrived at the point in the City of West Covina where there should be a limit on this type of activity. We apparently have nothing on the books to disallow it. I am swayed by the very strong arguments presented by the Mayor as to where shall we draw the line, but I think we as individuals have to look into our own consciences - and determine at what point we are prepared to draw the line. Do we want this type of activity? Is it a necessary function of our social life? These are all - 19 - REG. C.C. 3-10-69 Page Twenty WRITTEN COMMUNICATIONS_ - Item M - Continued the questions presented to each and everyone of us. I am frankly against a whole bunch of beer bars. On the other hand I am very strongly in favor of equal. -business opportunity to everyone, so I have a problem and I am .going to have to make a decision. • Councilman Nichols: If I had the option personally I would vote not to have any beer bars of any sort within the City of West Covina. All things being e-qual, if the Chief of Police and staff indicate an area is a problem area, that there are enough beer bars there, I will support the recommendation. I think each of us have to reach a decision based on our ____oum..analysis of it. Councilman Chappell: On the' saturation of licenses of beer bars, we have areas in our community that has more beer bars and taverns than we have here. It puts us in a real spot here. Say we withdraw our protest and it goes to the ABC - they will pass on it immediately? Mr. Wakefield: Yes. Councilman Chappell: Mr. Aiassa - we haven't had any problems here that the May.or_. or.. Council know about - do you have any comments? Mr. Aiassa: The only comment - I think Council should consider it is in the Civic Center zone. Also you have had the Water Wheel and we have_ had nothing but problems there.. You are spending five to six million dollars for the Civic Center. When I came to this City there awere five beer bars and now we have about fifty. At one time the ABC had the privilege of granting licenses on the basis of population and we ended up with 7 on one street - Glendora. ..Mayor Gleckman: Mr. Aiassa - have we had any problems at the Stage Coach - we have had it for 10 years —.have we had any problems with the Stage Coach? Mr. Aiassa: I can get a report from the Police Chief. It has been opened and closed I believe five or six times - now the question is what type of arrests were they? Mayor Gleckman: The motion is to withdraw our protest and so direct the Chief of Police. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Lloyd, Mayor Gleckman NOES: Councilmen Nichols, Chappell ABSENT: None Mayor Gleckman: I would like to request that the Planning Commission and Planning Department make some type of recommendation to this Council in the future if it is possible in anyway to control this type of activity, with the approval of the City Attorney. Councilman Nichols: of analysis to provide the trying to make an objective when it isn't. Perhaps the of help to Council. I would think perhaps it would also be wise for us to request of the City Manager that he in turn request of the Police Chief some sort criteria for determining these applications in decision as to when an area is saturated and Chief has some thoughts on this that might be - 20 - REG. C.C. 3-10-69 Page Twenty-one WRITTEN. COMMUNICATIONS. - Item M - Continued Motion by Councilman Lloyd, to indication as to what we can do not be placed into this type of purposes of good government for Councilman Gillum, and carried. CITY ATTORNEY _ORDINANCE. INTRODUCTION have a' -staff study which would give some as far as restricting of this so we will dilemna and still achieve the ends and the City of West Covina. Seconded by The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMEND- ING SECTIONS_8502, 8503 and 8508 RE. POLITICAL SIGNS." Motion by Counc.ilman__.Gi11um,.seconded. by Councilman_ Nichols, and carried, waiving. further reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Nichols, that said Ordinance be introduced. COUNCIL DISCUSSION Councilman Lloyd: It comes as a surprise to all the Council and I am -sure I am.not well pleased with this Ordinance. What is actually being presented here and the motives are very good, is that.we want to eliminate litter and clutter in our streets. Yet this Council yearly votes great sums of money to the beautification of the .City, to the smooth traffic flow which we heard this evening and very little is done in the social endeavor called politics. Here we have an Ordinance which will limit what an individual homeowner can put on hi.s lawn to 6 square feet, and also what can be put up in the way of sign. First of all I think this is selective if we don't limit what can be put in the newspapers, we don't limit what can go on TV, radio, etc., and I think some of these advertisements incsome ways can be even more glaring and more offensive. I think also this tends to defranchise the small political aspirant,small in dollar value. While I fe.e.1 there should be a re.stricti_on here in signs I would like to see this referred to staff so we can review it and get a clear cut design on signs which are stuck up and pulled do,vm.. I think this limitation goes far too far.. In the final analysis the democratic process of election should have somewhat of a free scope in our society. This is one of the problems we face today. Every item we have in our entire life is restricted and I think the area of politics is a very important one. I recommend that this be referred to staff for further study so it can be liberalized. Mayor Gleckman: I go along with your suggestion Councilman Lloyd, the only thing is that we have a motion to introduce and a second. Mr. Wakefield if this is introduced this.evening it doesn't make it official - there is a second reading? Mr. Wakefield: No, if the Council desires to make changes on the second reading then it will come back again and so on until there are no further changes. Motion carried. Councilman Chappell: I would like to see a Council representative on this study with staff. Mayor Gleckman: Mr. Lloyd will you accept that? (Councilman Lloyd accepted.) Councilman Gillum: I disagree with you Councilman Lloyd. - 21 - REG. C.C. 3-10-69 Page Twenty-two CITY ATTORNEY -._Ordinance Introduction (Item 1) Continued Mayor Gleckman: I suggest we have two representatives on this Ludy with staff - Councilman Gillum will you accept? (Councilman Gillum accepted.) • ORDINANCE NO. 1078 The City Attorney presented: ADOPTED "AN ORDINANCE..OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING THE MUNICIPAL CODE SO AS TO REZONE CERTAIN.PREHISES.. (Zone Change No. 409 —Mutual Savings and Loan)" Motion. by C-ouncilman Gillum, seconded by Councilman_ _Chappe.11, waiving further reading of the body of said Ordinance... Motion by Councilman Gillum, seconded by Councilman Chappell, adopting said Ordinance. Motion carried on roll call vote as follows: AYES.: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman .NOES: None ABSENT: _None .ORDINANCE NO. 1079 The City Attorney presented: ADOPTED " 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. 411 - Frank De Pietro) "'. • Motion by Councilman Gillum, seconded by Councilman Chappell, waiving further reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Chappell, adopting said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None ORDINANCE NO. 1080 The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ADOPTED ESTABLISHING THE REGIONAL COMMERCIAL (R-C) ZONE (Amendment No. 95)." Motion by Councilman Gillum, seconded by Councilman Chappell, waiving further reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Chappell, adopting said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman • NOES: None ABSENT: None STATE SENATE BILL NO. 6 Mr. Wakefield: I have nothing to add to the memorandum presented. The recommendation was that the City Council oppose the bill until amended to provide for some local decision making by the local City Councils. - 22 - 0 REG. C.C. 3-10-69 Page Twenty-three CITY ATTORNEY (Item 5) - Continued So moved by Councilman Gillum,seconded by Councilman Chappell. Mayor Gleckman: I think in..the motion should be a direction that a letter be sent stating our opposition. Accepted by Councilman Gillum, and Councilman Lloyd. Motion carried. 1969 LEGISLATION a) District Attorney's proposals re. to City Attorney 2-24-69 Motion by Councilman Gillum, seconded by Councilman Chappell and carried, that this be received and filed. b) League Digest of Bills Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, that this report be received and filed. SCIENTOLOGY BUSINESS LICENSE Mr. Wakefield: I am sorry to advise that the case decision which was referred to as being decided in February, has not become available locally and I would suggest that this matter be continued until this can be obtained. So moved by Councilman Lloyd, seconded by Councilman Chappell, and carried. CITY MANAGER 1) Traffic Committee Minutes - February 27, 1969 (Council considered each item individually) Councilman Nichols: Regarding Item 2. I understand some people are here this evening that have a concern about this and if I understand correctly their concern stems most significantly from an accident that happened in that area, but:" what I don't understand - - my recollection of that accident was that this had no bearing on stop signs. Mr. Aiassa: The fellow was supposed to have been fosling with his tape and he lost control of his car. The car jumped the curb and entered the private yard and killed the children. It is a rather unique corner. Councilman Nichols: I can't visualize it myself. I think we should have some of the Councilmen view it and report back to Council. Mayor Gleckman: I would like to hold the item over and recommend that we notify the people that have signed the petition and hold a study session on this particular item because of the seriousness of the accident. Maybe they can convince our Traffic Committee and may they will then understand the criteria used. Sometimes a formula does not fit the physical evidence. I would like to hear from both sides - the citizens and the Traffic Committee staff. - 23 - 0 REG. C.C. 3-10-69 Page Twenty-four CITY MANAGER (Item 1) - Continued Councilman Nichols: You don't mean the Council will hold a study session? Mayor Gleckman: No, I am talking about the Traffic Committee staff. I received a petition from Congressman Wiggins that was forwarded to the Congressman by the residents of the area and this petition I turned over to staff. I think if enough citizens show that much interest in that type of a situation that we should inform them as full as possible. y_ Councilman Nichols: I would say at the outset that I don't visualize a stop sign on Rowland, but to take a negative point of view without seeing it presented in detail, so I would favor the request be referred back to staff as you stated Mr. Mayor. Motion by Councilman Nichols that the.Mayor's suggestion that Council refer Item 2 back to staff with the direction that staff set.u_p.a study meeting and invite interested citizens to meet with staff for a general discussion in this problem area. Seconded by Councilman Lloyd. Mayor Gleckman: Will you please notify Council when this meeting is taking pl.a,ce, ?" Council may want to be present, those of us that are available. Motion carried. Motion by Councilman Nichols, seconded by Councilman Chappell, and carried, to accept and file the Traffic Committee action of February 27, 1969. GENERAL PLAN STUDY Motion by Councilman Gillum, seconded by Councilman Chappell, that the invoice of Williams, Mocine —general plan consultants, in the amount of $300.00 be paid. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None NARCOTICS BROCHURES Motion by Councilman Gillum, seconded by Councilman Chappell, that the request be approved for the purchase of additional material of the Narcotics Brochures in the amount of $48.00. Councilman Lloyd: This report doesn't somehow indicate what the results have been. Have we had good results or what? • Mayor Gleckman: I can only give you the comments I received from the Chief of Police and Lieutenant Laughlin who wrote a report. Not only have we had excellent results but we were requested, as you probably recall, to give permission to the Charter Oaks School District the right to copyright this because they had so many requests from around the Country, and they wanted to reproduce and charge for it. That was the reason we gave permission, so it must be good. Mr. Aiassa: We also gave this out with our CEA CE programs. a REG. C.C. 3-10-69 Page Twenty-five CITY MANAGER - (Item 3) Continued Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman • NOES: None ABSENT: None ANNUAL CITY AUDIT - July 1, 1966 - June 30, 1967 Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, to receive and file. REPORT RE. SLOPE SLIDE 526 Trona Avenue (R. J. Rigney) Motion by Councilman Chappell, seconded by Councilman Gillum, and carried, to receive and file. REPORT RE. REQUEST TO CANCEL BONDED INDEBTEDNESS (Ed Laberge) Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, to receive and file. REQUEST FOR SOLICITATION LICENSE • Motion by Councilman Nichols that the City Council direct the City Clerk to refuse to issue a solicitation license permit as per the request of the South Los Angeles Boys Club Interprise. Seconded by Councilman Lloyd, and carried. (Mayor Gleckman called the City Clerk's attention that Council is saying rrno rr _ ) ESTABLISHMENT OF A CENTRAL INFORMATION SERVICE Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to receive and file. SIGN ENCROACHMENT PERMIT Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that permission be granted for the issuance of an encroachment permit as per the request and recommendation in the bulletin of the Planning Department dated March 5, 1969. LEAVE OF ABSENCE EXTENSION REQUEST (Without pay - Robert Reuss) MMotion by Councilman Nichols, seconded by Councilman Chappell, and carried, that the recommendation for leave of absence without pay be approved. SIGN ABATEMENT Mr. Aiassa: There is a legal problem on this report. May we hold this over until the 24th of March? So moved by Councilman Gillum, seconded by Councilman Lloyd, and carried. - 25 - REG. C.C. 3-10-69 Page Twenty-six CITY MANAGER - Continued REMINDER OF FUTURE COUNCIL MEETINGS - Report Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that this reminder report be received and filed. CAMERON AVENUE IMPROVEMENT - CONDEMNATION APPRAISAL Mr. Aiassa: I might say that this is tied in with the 1911 Act and we do this on all 1911 Acts. Motion by Councilman Lloyd, seconded by Councilman Chappell, accepting staff report and recommendation. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Gillum:;.,Lloyd,...LIayor,Gleckman NOES: Councilman Nichols ABSENT: None CITY CLERK 1) Request for fee -exempt permit to solicit by Los Angeles County Probation Department for VISTO Program Motion by Councilman Lloyd, seconded by Councilman Gillum, and carried, that permit be granted. • MAYOR'S REPORTS PROCLAMATION - Girl Scout Week, March 9-15, 1969 Mayor Gleckman: If there are no objections, so proclaimed. No objections, so proclaimed. Chamber of Commerce Week, March 23-29, 1969 Mayor Gleckman: If there are no objections, so proclaimed. No objections, so proclaimed. Mayor Gleckman: The only other item I have - there is a breakfast meeting Wednesday morning at one of the Business Shows, and I will be out of town. I would like for a member of staff to attend. I might also say the Vice -President has advised he cannot attend the April 25th dedication. And by request of the Committee I have a letter -hat I will try and deliver to Secretary Finch, and see if he is able to attend. 0 Councilman Chappell: COUNCILMEN REPORTS Mayor - a correction. On this Thursday meeting at 8 a. m. - it has been cancelled to the following Monday. Councilman Nichols: At the Chair's suggestion I met with Mrs. Tevault, Chairman of the West Covina Parade Committee. We are apparently approaching that critical juncture in this program that is two years old - it seems to be slipping slightly in the terms of moving forward. - 26 - REG. C.C. 3-10-69 Page Twenty-seven COUNCILMEN REPORTS - Continued I think all of us are hopeful that this activity in our City would become one of our communty's institutions, but I think it is at the point where it is going to need some real support and help from the Council. I have several requests I would like to make of the Council in that connection. First - the Parade Committee desperately needs to become capable of raising some funds of its own. So far its' budget has only been in the neighborhood of $1,000, with the City contributing about 50% and a very few sources contributing the balance of the money. It appears financial support must be much more widespread. One position that needs filling is that of a Finance Chairman, a position they have never really' filled. Some resident of our community who can get out and raise a few hundred dollars. Mayor Gleckman: How much money are we talking about - total? Councilman Nichols: About a present budget of $1,000 that they would like to probably exceed by an additional four or five hundred dollars this year which would enable them to bring in some additional bands. I would like to ask Council, for this year, to reiterate our commitment of a contribution for $500. which we made available the first year and last year, and underwrite:. an additional sum of $400. Hopefully, they will raise that from other sources but the underwriting will enable them to go out and obtain some additional bands. I would also like Council to authuri.ze a member •of staff - perhaps Ray Windsor - to work with Mrs. Tevault to review the lists of our Blue Ribbon Committees and see if there might be some members of those Committees that would be good candidates to serve on the Parade Committee. Mayor Gleckman: Mr. Aiassa we wouldn't have any problem in a staff member assisting - would we? Mr. Massa: No. Councilman Nichols: I would like to offer a motion that Council reiterate its promise of $500.00 for this year, and indicate its' willingness to underwrite an additional $400. for this year. Seconded by Councilman Lloyd. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None Councilman Gillum: One question. This is pertaining to something that would affect our budget as far as the City employees are concerned in considerations for the upcoming year. I think it takes quite a bit of discussion and I will hold it off to the next meeting, but it has to do with longevity pay. PFMANPS Motion by Councilman Gillum, seconded by Councilman Nichols, that Council approve demands totalling $179,796.97 as listed on Demand Sheets B412 through B415 and payroll reimbursement. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None r REG. C.C. 3-1.0-69 Page Twenty-eight (Mayor Gleckman asked to be excused at 10 P.M., as he had to catch the plane for Washington, D.C. Mayor Pro Tem Gillum presided.) Mayor Pro Tem Gillum: We have a meeting on the Orange -Merced plan • on March 17th. I would entertain a motion to adjourn to Edgewood High School at 7:30 p.m. on March 17th. So moved by Councilman Chappell, seconded by Councilman Lloyd, and carried. Meeting adjourned at 10:05 p.m. to March 17th. • ATTEST: CITY CLERK APPROVED: MAYOR - 28 -