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04-21-1969 - Regular Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA APRIL 211 1969 The adjourned regular meeting of the City Council was called to order by Mayor Leonard S. Gleckman at.7o31 P.M. at West Covina City Hall. The Pledge of Allegiance was led by Councilman Nichols. The invocation was given by Herman R. Fast. ROLL CALL Present: Mayor Gleckman; Councilmen Chappell, Nichols, Gillum Lloyd. Also Present: George Wakefield, City Attorney George Aiassa, City Manager H. R. Fast, Public Service Director Owen Menard, Planning Director George Zimmerman, Ass't. City Engineer Lela Preston, City Clerk APPROVAL OF MINUTES March 17, 1969 (Adj.)- Approved as submitted. March 18, 1969 `T - Approved as submitted. March 24, 1969 `r - Approved as submitted. March 24, 1969 (Reg.)- Approved as submitted. April 10, 1969 (Spec.) Approved as submitted. Motion by Councilman Nichols, seconded by Councilman Chappell, and carried that the Council minutes of March 17, 1969 (Adjourned); March 18, 1969 (Adjourned); March 24, 1969 (Adjourned); March 24, 1969 (Regular); and April 10, 1969 (Special) meetings be approved as sub mitted. Mayor Gleckman welcomed a group of students from Edgewood High School. Their speaker - Jeffrey Hahn,,_ 804 South Greenfield, Apt. 20, Montebello, (Student on. Permit) advised Council the students were Seniors and were at the meeting to learn how city government works in operation. Mayor Gleckman stated that if they had any questions they could be asked at the time of Oral Communications. PUBLIC WORKS ITEMS AWARD OF BIDS PROJECT SP-6626 and SD-6626 STREET & STORM DRAIN IMPROVEMENT (Portion of 1911 Act Short Form) LOCATION: Virginia Avenue from Mesa Drive to Grand Avenue The City Clerk advised a total of 9 bids were received and reviewed in the office of the City Clerk at 10 A.M. on April 2, 1969, and were found to be valid bid proposals: Salata, Inc. $146,884.09 Bebek Corporation $147,768.57 Robert Castongia $156,428.80 Chas. T. Brown $160,858.06 Sully -Miller Co. $161,528.12 Griffith Co. $162,473.77 M.P. Mitrovich $163,334.19 F. W. Richter $171,036.45 City Construction Co. $230,063.09 - 1 - ADJ. REG. C.C'i. , 4-21-69 PROJECT SD-6626 and SP 6626 - Continued Page Two Motion by Councilman Lloyd, seconded by Councilman Chappell, that the City Council accept the bid of Salata, Inc., of Stanton as presented at the bid opening on April 2, 1969, for Projects SD-6626 and SP-6626, and authorize the Mayor and City Clerk to execute an agreement with the • said Salata, Inc., for the work. Councilman Nichols: Included in the bid proposal were the specifica- tions for the installation of the sidewalk for this project. The specifications were for a 5' side- walk width and I don't know if the location of the walk relative to the curb line is stipulated? Mr. Zimmerman: No - but it is shown on the plans. Councilman Nichols: Subsequent to the specifications,'some citizens on Virginia Avenue expressed some concern about the probable loss of some valuable and treasured trees if the sidewalk was installed in the traditional manner. By closer examination of these proposals it was determined if the sidewalk width were narrowed t_o.:i_41 rather than 5' and placed at the curb line in that area this would in fact avoid most, if not all, of the problem of the loss of trees. I think I was the only Councilman in town at the time and I met with the Homeowners, they also met with staff, and there seemed to be some consensus that most of these things could 'be accomplished. Mr. Zimmerman - would it be possible from the point of view of staff if. Council should wish, to place the sidewalk to be constructed at the curb rather than at the 3' parkway? Mr. Zimmerman: Yes, it seemed perfectly feasible under the circumstances to install the sidewalk immediately adjacent to the curb. Councilman Nichols: Would it be possible to have a 4' sidewalk? Is there any precedent anywhere in the City? Mr. Zimmerman: We normally put a 5' sidewalk on major four -lane streets. Virginia is not a four -lane street, and as such it would seem to be in accord with our usual policy to reduce to 4'. Councilman Nichols: I believe the citizens would be pleased if the project followed those provisions. I would move that Council direct staff to proceed with such change orders in the specifications as may be necessary to accomplish this project at the curb line and.a sidewalk with a 4' width rather than the 5' width. Mayor Gleckman: I wonder if the motion might be retracted until we get a legal opinion from the City Attorney. Motion withdrawn. Mr. Wakefield: This was as advertised for bid project. The Council at this time must either accept the bid as submitted or reject the bids and have the project redrafted and readvertised. Mayor Gleckman: Can we accept the bid and then ask our staff and City Manager to negotiate with those that have been awarded the bid as to the wishes of the Council for a.4' sidewalk? - 2 - 0, ADJ. REG. C.C. 4-21-69 PROJECT SD-6626 and SP 6626 - Continued Page Three Mr. Wakefield: Yes, after the bid has been awarded the staff can be directed to negotiate an appropriate change order and report back to Council. Mayor Gleckman: If Council has no objections, we will act on the motion of awarding the bid. Motion carried® Mayor Gleckman: I would now like to direct the City Manager with permission of the Council, for staff to work out the 4° sidewalk. Council agreed. PROJECT SP-69017 STREET IMPROVEMENT (Precise Plan No. 546) LOCATION: Eckerman Avenue, east of Azusa Avenue. The City Clerk advised that a total of 4 bids were opened by the City Clerk on Wednesday, April 9, 1969. All bids were checked for errors and were determined to be valid bid proposals: Norlund Construction $45752.00 Crowell & Larsen $5,207.10 Louis Lopez $5,950.00 Aman Brothers $7,269.00 Motion by Councilman Lloyd, that the bid of the Norlund Construction Company of Baldwin Park as presented at the bid opening of April 9, 1969, for Project SP-69017 in the amount of $4,752.00, be accepted and that the Mayor and City Clerk be authorized to execute an agree- ment with the said Norlund Construction Company. Seconded by Councilman Chappell, and carried. PROJECT AD 1-67 LOCATION: Barranca Street: STREET IMPROVEMENTS Cortez Street to South Garvey BARRANCA STREET (1911 Act) Avenue. Mr. Wakefield: Mr. Mayor - in connection with this item, the agenda I think is in error. Instead of "releasing" that bond should be "accepted". (Explained purpose of bond.) Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, authorizing the acceptance of United Bonding Insurance Company bond No. CP 47229 in the amount of $60,940.60. Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, accepting street improvements on Project AD 1.-67. • PRECISE PLAN 539 1OCATION: Vincent Avenue and STREET IMPROVEMENTS Walnut Creek Parkway. B. F. GOODRICH CO. Motion by Councilman Lloyd, seconded by Councilman Chappell-, and carried, accepting street improvemento, sidewalk and driveway,- and :. e autho izrig release of Maryland Casualty Company bond No. 1 74 in the amount of $2,250. - 3 - ADJ. REG. C.C. 4-21-69 PROJECT MP-69018 WATER LINE, PHASE I GALSTER PARK Page Four LOCATION.- Gal.ster Park Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, • accepting water line installation at Galster Park, and authorizing'• - release of United Bonding Insurance Company performance bond No. CP 45048 in the amount of $3,362. PROJECT TS-69020 ]LOCATION.- Cameron Avenue and APPROVE PLANS & SPECIFICATIONS Orange Avenue. TRAFFIC SIGNAL INSTALLATION Motion by Councilman Gillum, seconded by Councilman Lloyd, approving transfer of $7500.00 from City Projects TS-68014 & TS-69011 to Project NO. TS-69020. 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, approving plans and specifications for traffic signal installation under Project TS-69020, and authorize City Engineer to callfor bids. PROJECT TS-69001 LOCATION: Various locations SIDEWALK IMPROVEMENT throughout the City. D & G CONCRETE CONST. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, accepting sidewalk improvements under Project OP-69001 and authorizing the release of the Ohio Casualty Insurance Company Performance Bond No. 1.-370-342 in the amount of $13,134.88. PROJECT SP-69005 LOCATION: Cameron Avenue, REQUEST AID TO Azusa Avenue to Lark Ellen CITY FUNDS - L.A. COUNTY Avenue. Motion by Councilman Lloyd, seconded by Councilman Gillum, and carried, accepting and filing City Engineer's report. RESOLUTION NO. 3966 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, REQUESTING THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY, CALIFORNIA, TO PERMIT THE USE OF CERTAIN GASOLINE TAX MONEY ALLOCATED AS COUNTY AID TOWARDS THE IMPROVEMENT OF CAMERON AVENUE." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. • Motion by Councilman Lloyd, seconded by Councilman Chappell, adopting said Resolution. �.; M, Ali- sa (Counci,lman� Gillum que�tione�. the use pf gas�;�ax, �(�r�e advised that the County�.�as a.c al�yc giv ng a (fu cTsc,for the project. Further questioning by Councilman Gillum pertaining to whether or T'��`not"..t-hes:e; funds would :al;sp apply between Lark Ellen and Azusa on Cameron. Avenue and to the cost of going south on Azusa Avenue. CMrac Zimmeriflan advised rtY�erej ,wap; no,„wor(k planned. on the Azusa Avenue 1 side that the work ro osed for Azusa Avenue was to'bz`done as 7 , , , A p p j A een Francisq, tp-nd C6izte.z- t`,._p�r�t.i..ofc t,en. zusa Aven e. ro ect; bet.we a �..�. c"'Cl Street, and the only work on the zu,s _.Avenue side In conjunction ADJ. REG. C.C. 4-2.1-69 Page Five • RESOLUTION NO. 3966 - Continued with this specific project SP-69005 was curb and gutters under the 1911 Act.) Motion carried on roll call vote as follows: AYES: Councilmen Chappell, NOES: None ABSENT: None SUPPLEMENTAL WEED & RUBBISH ABATEMENT PROGRAM - 1969 Nichols, Gillum, Lloyd, Mayor Gleckman LOCATION: Various throughout City. RESOLUTION NO. 3967 The City Clerk presented: "A RESOLUTION OF THE CITY ADOPTED COUNCIL OF THE CITY OF WEST COVINA, DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd.; to ad6p.t said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None PARCEL MAP 873 LOCATION: Westerly side of FINAL MAP & ACCEPTANCE Azusa Avenue at the Freeway OF ACCESS RIGHTS on. -ramp. CHARLES CRICKS RESOLUTION NO. 3968 The City Clerk presented: "A RESOLUTION OF THE CITY ADOPTED COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING DEDICATION OF VEHICULAR ACCESS RIGHTS FROM FLEETWELL AVENUE." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolutim. Motion 'by Councilman Gillum, seconded by Councilman Lloyd, to adopt. said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None • RESOLUTION NO. 3969 The City Clerk presented: "A RESOLUTION OF THE CITY ADOPTED COUNCIL OF THE CITY OF WEST C OV INA , APPROVING FINAL MAP OF PARCEL MAP NO. 873 - CHARLES CRICKS." Mayor Gleckman: Hearing no objection, waive further reading of body of said Resolution. - 5 - ADJ. REG. C.C. 4-21-69. Page Six RESOLUTION NO. 3969 - Continued Motion by Councilman Gillum, seconded by Councilman Lloyd, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None • ABSENT: None PARCEL MAP 1005 LOCATION: West side of Grand APPROVAL OF TENTATIVE & FINAL MAPS Avenue at Fairway Lane. ACCEPTANCE OF GRANT OF EASEMENTS (Unclassified Use Permit No. 134) DONALD MELLMAN Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, approving Tentative Map of Parcel Map 1005 subject to recommendations of Planning Commission Resolution No. 2142. RESOLUTION NO. 3970 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED' OF THE CITY OF WEST COVINA, ACCEPTING GRANT OF EASEMENT FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS FAIRWAY LANE - DONALD'MELLMAN." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman .Lloyd, to adopt said Resolution. Motion carried on roll call vote as follows: 40 AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman='- NOES: None ABSENT: None RESOLUTION NO. 3971 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPT- ING GRANT OF EASEMENTS (2)'PARCELS FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS GRAND AVENUE DONALD MELLMAN. ee Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None RESOLUTION NO. 3972 • ADOPTED Mayor Gleckman: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, APPROVING FINAL MAP OF PARCEL MAP 1005 - DONALD MELLMANa" Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded 'by Councilman Lloyd, to adopt said Resolution. Motion carried on roll call vote as.follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None - 6 - ADJ. REG. C.C. 4-21-69 Page Seven TENTATIVE PARCEL MAP NO. 1067 UNION OIL COMPANY OF AMERICA LOCATION.- South side of Center Street between California & Vincent Avenues. Motion by Councilman Gillum, seconded by Councilman Chappell, approving Tentative Parcel Map consisting of two lots, (approximately 2.8 acres'), subject to the recommendation'. of the Planning�Commissibfi-)Resolution • ,No .: -2143. Motion carried. TENTATIVE TRACT NO. 28735 LOCATION: North side of LaPuente HOME SAVINGS & LOAN ASSOCIATION Road between Sentous and Nogales Streets. Motion by Councilman Nichols, seconded by Councilman Chappell, and carried, approving tentative tract map No. 28735 subject to all provisions of the Planning Commission Resolution No. 2144. RESOLUTION NO. 3973 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY.OF WEST COVINA, ACCEPTING GRANT OF EASEMENT - ARCHIMEDE & GINO PIZZO AND VINCENT MANNO - PROJECT NO. SP-69017." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Lloyd, to adopt said Resolution. Motion carried on roll call vote as follows: • AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman HOES: None ABSENT: None HEARINGS ZONE CHANGE NO. 416 LOCATION: North side of Garvey FRANK DE PIETRO Avenue between Roberto and Yaleton Avenues. Request approval of change of Zone from 0-P (Office -Professional) to S-C (Service -Commercial). Recommended by Planning Commission Resolution No. 2134. Mr. Menard, Planning Director, verbally presented staff report, read Planning Commission Resolution No. 2134, and explained location of property with the use of display map. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 416. IN FAVOR Frank De Pietro There is some discrepancy on some requirement 2320 Wayne Avenue with regard to the black topping. My son is Los Angeles here and will describe what we are requesting. Robert De Pietro We are in favor of the zone change. We have 2320 Wayne Avenue one exception, we are asking Council to :.void Los Angeles the requirement of placing 1" asphalt topping on Yaleton Avenue from 25' north of Garvey and Yaleton all the way north of the property line. In approximately one year the Freeway will be widened, which would necessitate removing the first 25' of Yaleton Avenue, and also because of the heavy equipment used it will probably destroy whatever benefit this 1"'cap would give as far as making smoother surfaced street. For that reason there really would be no benefits from this. Also we would like to state we are in favor of - 17 - ADJ. REG. C.C. 4-21-69 Page Eight ZONE CHANGE NO. 416 - Continued all the other requirements imposed by the Planning Commission, even the enlarging of the fire hydrant which will not only help facilitate the water problem in case of fire for the building on the corner but also will help the whole neighborhood in event of fire. • IN OPPOSITION None. PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Gillum: the fact that large yet I can appreciate it is possible that that the additional it might be covered Mr. Zimmerman: I have a question. I was present at the Planning Commission hearing, when the point was made, at the request of Mr. DePietro, trucks and moving vans are going into the area, the point in not putting this on. I wonder if after the work is completed - Mr. Zimmerman area of Yaleton if left that way now, that later with a 114 cap? various places, there was Commission. The 1" cap, of course, does give some added strength to the street and as long as it is going to be used by trucks going to the consideration of this given by'the Planning Councilman Gillum: I can understand that, also .I appreciate the point of the freeway coming in and tearing this out. The point I am trying to make - would it be possible at this time not to cap the street and when the work is completed then capping be put on the street? Probably they could post a bond to do this work at that time. Mr. Zimmerman: Yes this certainly could be done. Councilman Gillum: Mr. De Pietro - how would this be agreeable to you? Frank De Pietro: I don't think it would be fair, because a year from now the complete street will be required to be capped. I think the posting of a bond would be a penalty to us. Just as my son stated, we are willing to enlarge the fire hydrant which will serve the complete street and will cost me about $450.00. This I don't mind because it is permanent but the street will not be, because even if we put it in the street will be destroyed a year from now. I don't think it is fair for the City to ask me to do this when a year and a half at the most the complete street will be redone, not only the part in front of us, but the street north and south will be required to be capped. Councilman Gillum: I agree with what you said, Mr. DePietro, that there is no reason for doing it now.... Mr. Frank DePietro: But I don't think it is fair for me to have to put up a bond. I don't think I have done wrong. Councilman Gillum: Mr. Zimmerman - the statement made by Mr. DePietro of the street being redone in a year - is this possible? Mr. Zimmerman: The Precise Plan of the property involved is of such a depth that 168' would not be rebuilt. The portion of the property immediately adjacent to Garvey Avenue would be rebuilt due to the freeway widening as a necessity for a new interchange at Garvey Avenue because of the re- construction of that street. 11 ADJ. REG. C.C. 4-21-69 Page Nine ZONE CHANGE NO. 416 —Continued Mayor Gleckman: Mr. Wakefield - isn't the street requirement that we are talking about, a part of the Precise Plan and not part of the zoning and we don't have the Precise Plan before us this evening? • Mr. Wakefield: Yes, that is correct. Mr. DePietro's recourse in this case is to reapply to the Planning Commission for a modification of that requirement of the Precise Plan. Councilman Lloyd: Mr. Zimmerman - in order to clarify - why do we need the 1" cap in the first place? I understand it is a strengthening agent but will the street collapse if this is not done, or will we have a problem? Mr. Zimmerman: This was brought up at the Planning Commission. In view of the fact trucks from the moving and storage concern will. use the street the driveway shown on the Precise Plan not before you tonight, is up Yaleton approximately 150' north of Garvey and Yaleton, and not built as a truck route and therefore the Planning Commission considered a 1" cap strengthening the street. Councilman Lloyd: Will this 1" cap fulfill its role and give the street sufficient protection, such that we will not experience undue concern as a result of these trucks? 40 Mayor Gleckman: This is a question - Councilman Lloyd - that you can get an answer too, but I would like to inform Council that whatever questions are being asked right now have nothing whatsoever to do with the zone change before us this evening. Mr. Zimmerman: Mr. Lloyd, I don't have with me or available in the file, an exact determination of strength needed from a scientific point of view, but I certainly would be willing to certify that a 1" cap would strengthen the street. Councilman Nichols: I would like to clarify one thing. Mr. Wakefield - when a Precise Plan is before the Planning Commission how long a period of time elapses before it is finalized? Mr. Wakefield: 15 days from the date that the applicant is notified of the approval. Councilman Nichols: He has 15 days to appeal to Council. No appeal was filed and that is why you stated to Council that this matter cannot be heard tonight? Mr. Wakefield: That is correct. Motion by Councilman Gillum, seconded by Councilman Chappell, that Zone Change application No. 416 be approved. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None UNDERGROUND UTILITY WAIVER NO. 2 LOCATION: North side of Cameron LLOYD E. MOEN CONSTRUCTION CO. Avenue extending westerly from Hollenbeck Street. ADJ. REG. C.C. 4-21-69 Page Ten UNDERGROUND UTILITY WAIVER NO 2 - Continued Requests a waiver from condition No. 3f of Tract No. 27915 which requires installation of underground utilities for nine lots. Planning Commission recommends denial. Mr. Menard, Planning Director, verbally presented the statement of the Planning Commission, and pointed out the property under discussion with the use of a display map. Explained thoroughly Planning Commission's reasons for denial of the request. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON UNDERGROUND UTILITY WAIVER NO. 2 - LLOYD E. MOEN CONSTRUCTION CO. INC." IN FAVOR iN one IN OPPOSITION None PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Nichols: This is the same developer that developed houses to the West? (Answer: Yes) We.rec underground utilities required of the previous increment of houses? Mr. Zimmerman: No - they were put up just before the effective date of this requirement,. Councilman Gillum: With regard to the underground lighting system - • does this also refer to the street lights? And would this be an additional cost to them? Mr. Zimmerman: Yes, the request for waiver includes three street lights as well as the connections to the houses fromoexi-'3ting,,;overhead wire,..,._.: i.,4. Councilman Gillum: This would 'be about the only area that would have this on this street? Mr. Zimmerman: That is correct. Councilman Lloyd: Have we required underground utilities in other areas prior to this? Mr. Zimmerman: Off hand I don't recall that this has been required in`another tract. It has been required on various Precise Plans including the Home Savings & Loan on Vincent and others. Councilman Nichols: I have mixed feelings on this. You have to start somewhere if you put in a new require- ment. On the other hand it is the last'land a very ��alle�ioncbf�lag�hare�� that has not been developed. It iscompletelysurrounded by an area that has,been developed without this and it seems somewhat strange to require it''at"this'%point'; but I think I-Ry fbrmer views prevail, if we are going to.impose this re- quirement it should be on everyone and so I will stick with that. Mayor Gleckman: I would agree with what has been said b7 Councilman Nichols - the only question =. in my mind was and it was made mention in the staff report and I am surprised Mr. Moen didn't make an issue out of it. How about the ditch going through there? Mr. Zimmerman: The so-called Vine Creek drain now super - ceded by a flood control channel does go - 10 - ADJ. REG. C.C. 4-21-69 Page Eleven UNDERGROUND UTILITY WAIVER NO. 2 - Continued through some of the lots. Mayor Gleckman: My point being that this is not level ground so to speak and there would have to be some fill coming in, which would be an additional • expense. The tract that was built just to the west had this same condition but not the condition of the underground utilities imposed upon it. Now here he will have the fill along with the underground utilities and he is either going to have to build a more expensive house or a cheaper house and sell it at a more expensive price. Mr. Moen would you step to the microphone? Lloyd Moen I would like to make a statement. I think 1844 Golden Vista Drive if ever there was a time where the Council West,Covina could help develop a piece of property, which I think is mutually of benefit to the City - it is now. This last year construction costs along with financing has made every project that we have undertaken a borderline case. -In this particular case if we put underground utilities in it is a cost that we will pass on to the consumer. I think the consumer is going to dictate whether we are going to build houses in the City of West Covina and the City is going to get an area that should certainly be cleaned up and developed. And secondly, I think the city benefits somewhat possibly getting some bond retired if we build the project; they get reimbursement on some sewers that are already in; they have a chance to complete a water system that we tie in. So I think it is a mutual benefit and the cost, if we go ahead with it as a project, we would look at as a penalty. Thank you. • Mayor Gleckman: How about the topography of the land? My point is what are we talking about as a developer in dollars and cents of filling on that piece of property? Mr. Moen: For us to do what you would term as offset including everything, somewhere in excess of $35,000. Mayor Gleckman: How about the filling of the ditch? Mr. Moen: About $8,000 to do this. Councilman Gillum: Approximately what is the cost per lot for the underground utility? Mr. Moen: I believe an additional cost of somewhere around $700.00 in total. Councilman Gillum: If my memory serves me correctly that creek --"- was going through there for years and then we diverted it down the channel. and this developed 2 more lots - isn't this correct? Mr. Zimmerman: The creek was not replaced in this particular area of this subdivision by the channel. The channel was moved out to Cameron Avenue and goes along the street in that area, „ ,^ Councilman Gillum: The creek did run through these lots prior to the flood control channel being put in and by putting in the channel it did clear 2 or 3 additional lots. We are talking about mutual benefits - so one benefits another. Councilman Nichols: I think the problem is that as much as we would like to help every developer in the ADJ. REG. C.C. 4-21-69 Page Twelve UNDERGROUND UTILITY WAIVER NO. 2 - Continued community we have to look at it in the terms of the fact that we did pass this Ordinance and saying as of that date everyone has to meet this requirement and now if we waive it we are going to have to defend ourselves on every additional. development that comes into the City. And we have scads and scads of lots of this type in the City. Admittedly it is a penalty as he sees it. If we could just excuse Mr. Moen and no one else would find out about it we might be able to go along with it, but I am afraid the rest of the world would know. Mr. Wakefield: For the benefit of Council I think you should consider the fact that the existing Ordinance authorizes the modification on the waiver of underground requirements in those cases of undue hardship, due to topographical soil or other conditions, and other conditions relates to the physical condition of the property rather than financial hardship and cost alone is not a basis for the waiver of the require- ments of the Ordinance. Motion by Councilman Gillum, seconded by Councilman Nichols, that the application of Underground Utility Waiver No. 2 Tract be denied. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None (Councilman. Nichols complimented Mr. Moen on the homes he built, saying they were the "most pretty houses in West Covina and I don't think you will have any trouble at $80.00 a house more. A very fine addition to our City.") PLANNING COMMISSION Review Action of April 2, 1969 and April 16, 1969 (Council considered action of April 2 and April 16; discussing each item individually.) Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, calling up Precise Plan 567. Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, to receive, arid-file;_.action of Planning Commission of April 2, 1969. Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried to receive and file Planning Commission action of April 16, 1969. Planning Commission Resolution No. 2132 -_Noise Ordinance (Mr. Menard, Planning Director, explained the Noise Ordinance and read Resolution No. 2132.) Mayor Gleckman:. I would entertain a motion to direct the City Attorney to work with the Police Department in drafting an Ordinance for Noise abatement. So moved by Councilman Chappell, seconded by Mayor Gleckman,and carried. - 12 - Page Thirteen ADJ. REG. C.C. 4-21-69 RECREATION & PARK COMMISSION Review Action of March 25, 1969. (Council reviewed each individual item.) Mr. Aiassa: Item #7 refers to the summer part-time recreation budget, and they are asking that we approve a tenta- tive budget of $49,618. in order that the staff may obtain leaders for the summer programs. Councilman Chappell: What did we budget last year? Mr. Aiassa: It is just a little more than last year, there is a comparison in the staff report and Mr. Wilson is here to answer any questions. Last year it was $48,425. Motion by Councilman Nichols, seconded by Councilman Lloyd, that approval be given for the preliminary 1969-70 summer recreation program. Councilman Gillum: If I understood you correctly -Mr. Aiassa, we will get an opportunity before these funds are made available, to go over the': requirements for the additional people and the funds that will be used in this area? Mr. Aiassa: Yes. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None Motion by Councilman Chappell; seconded by Councilman Lloyd, that Council approve $15,726 tentatively for the swimming program for 1969-70.' Councilman Gillum: This is our first summer for operating the pool a full summer, where did we come up with the figures for running the pool? Mr. Aiassa: We gave you some basic statistics of the cost prior to the opening of the pool. Our break- down now shows a Pool Manager, Senior Lifeguard and instructors and this is only a part of the total budget of the swimming pool. The actual preliminary budget is about $52,000, but at present we have to recruit lifeguards. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None • Councilman Gillum: Mr. Aiassa - would it be possible in the Recreation & Park minutes to show the vote - who made the vote? Mr. Aiassa: We are in the process of revam-ning this and will provide this information... Mayor Gleckman: With regard to Item #9. Is the Recreation & Park Commission authorized to spend $675.00 without coming to Council? - 13 - ADJ. REG. C.C. 4-21-69 Page Fourteen RECREATION & PARK - Continued Mr. Aiassa: No, but this amount is in the budget and you have already approved it - this is from their Account No. 149. Councilman Lloyd: I was at the discussion on this and I will say one thing for them, they are sure going the Cadillac class on this. This is the best and that is a lot of money and it is a very sensitive item. I am not sure that we will have such a system a year from today, it is the cordless microphone, Councilman Nichols: This brought up an area of concern that I would like to get into. The matter of the use of this No. 149 account. I think Mr. .Massa would concur that we may well. reach a time in this budget to take a look at this account; it has tended to grow over the years which creates a separate little account that allows for many things, and I think it probably would be well to take a close look at it. Only a portion of these funds listed here have been budgeted and the moving to this champion type item is largely through the availability of the 149Z monies. I would like to see this come back to us at budget time. Mr. Aiassa: If the Council feels this is a Cadillac model I would just as soon view the quotes and the bids and come back with another offer. I believe they reviewed three that they were interested in. So if Council wishes I can rereview and hold over. Councilman Lloyd: I would like to have a rereview. If they honestly need this and no other will serve, well then..... Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, to review Item 9 and refer back to the Recreation & Park Commission. Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, that Council accept, and file Recreation & Park Commission action of March 25, 1969, with the exception of,Item 9. PERSONNEL BOARD Review Action of March 11.,and,March 24, 1969 Motion by Councilman Nichols, seconded by Councilman Chappell, and carried, that Council accept^ and file Personnel Board minutes of March 11, and March 25, 1969. HUMAN RELATIONS COMMISSION • Motion by Councilman Nichols, seconded by Councilman Lloyd, to accept and file Human Relations Commission minutes of February 27, 1969. Mayor Gleckman: Reading from the minutes evidently some of the Commissioners would like a clarification of their charge. There seems to be a dis- cussion going as to what it is today and what it was and whether it should be updated, etc. I would recommend a joint meeting with the Commission in order to clarify. Mr. Aiassa, if agreeable with Council, I will leave it for you to set up. (Council agreed.) Motion carried. - 14 - ADJ. REG. C.C. 4-21-69 Page Fifteen HUMAN RELATIONS COMMISSION - Continued Oral report by Chairman Beem on Information Center William Beem, Chairman I would agree with the Mayor that Human Relations Commission a joint meeting would help clarify 549 North Foxdale many things. The general consensus of the Commission is that their responsibility be clarified, updated and probably upgraded. I would like to make a few comments regarding the Informational Center, which started out with the title of Rumor Center. I don't want to go into depth at this time because we are not yet prepared to do so. And this is something that would be a future operation, it cannot take effect at the opening of the new City Hall. I have had a conference with Mr. Aiassa, and we as a Commission, would like to work together with staff, before presenting to Council.. There are two or three things I would like to bring to your attention for your future consideration. A booklet that came to us, which you may have seen or would be interested in seeing - "The Rumor Control Council" set up by the U. S. Department of Justice, and it is very informative regarding the physical and financial aspects of how the Center would be laid out as far as the phones. This is why we brought it to Council attention sometime ago, so we could get this portion of it established and in with the banks in the City as far as the new Communications Center in the new City Hall. We did not want to be left out on this because we feel it is something essential and will be needed in the future by the City. The whole operation would coincide with the EOC in event of an emergency. I think if we could generalize this, having it as a basis for you gentlemen to consider as a definite project, I think we would let it go now and try and come up later with the whole concept and then present it to you in detail. If that would meet with your approval I would like to have a definite meeting. (No objection. by Council. Mr. Aiassa was asked to schedule a meeting prior to budget hearings. After discussing Council decided to have the joint meeting at 4 P.M. on May 12th.) ORAL COMMUNICATIONS Wayne Peterson I would like to extend the appreciation of 3202 Virginia -'Avenue the Virginia Avenue residents to the Council West Covina, California and the staff for their excellent assistance in explaining to us the improvements that will be taking place on our Street. It was a real pleasure to work with your people and we appreciate it very much. Jeffrey Hahn Mr. Lloyd said if the Parks and Recreation 804 Garfield Apt. 20 need the PA let them have it, and I think Montebello this is a real fine attitude and I think it should be applied to another subject and that is police -student relations. Communications - if you want to put a communication gap anyplace let's put it between the police and the students. I think the police don't bite, but some students may think so and think just because you are a kid they want you. They look at you especially, they let the adults go and just look at the kids. But this isn't true, I know this through my own experience. So I think if more police could be put on campuses, in the class rooms starting with Freshman through Senior high - I think relations could be improved considerably. In Parks & Recreation I heard something like $49,000 tentative budget was approved tentatively tonight and $15,000 for the pool. I think if this money can go for Parks & Recreation for the younger set, for our relations with the Police I think this should also be applied. Thank you. - 1-5 - ADJ. REG. C.C. 4-21-69 Page Sixteen THE CHAIR DECLARED A RECESS AT 9 P.M. COUNCIL RECONVENED AT 9:10 P.M. Mayor Gleckman: We have a request by one of the members of Council for an executive session to dis- cuss personnel matters. COUNCIL ADJOURNED AT 9:11 P.M. TO EXECUTIVE SESSION. RECONVENED AT 9:25 P.M. WRITTEN COMMUNICATIONS 1) Letter from City of Monrovia re. AB 602 Motion by Councilman. Gillum, seconded by Conncilman Chappell, and carried, to receive and file. 2) Letter from Wayne C. Haas re. speed limit on Giano Avenue Motion by Councilman Gillum, seconded by Councilman Chappell, to refer this item to staff. Councilman Lloyd: I note that Mr. Haas resides outside of the city limits of the City, yet he calls upon the City to seek relief to a problem he faces. This happens to be a problem which is near and dear to my heart and I feel it is extremely important to the City of West Covina, and that is as follows: Consistently we have a group of people residing outside of the city limits in the County and they tell us with a great deal of glee how they don't need the City or a corporated area, that they are being taken care of, and indeed in many cases they are being taken care of. There are strong examples of how the County comes around and it seems at times they have a favorite position by not residing in a corporated area, yet when these people have problems the first place they seek redress is right in the Council Chambers of these cities, not only West Covina but other cities also, and I think it is an unfairness. If these people really want our support, then I would like to see some overt action on their part to where they would like to incorporate with the City of West Covina. Now maybe I am over stepping but I certainly want to make this point. CouncilmanNichols: I would agree in this sense - if someone lives in the County their recourse is to the Board of Supervisors, and if they feel that the City of West Covina has some role to play they can contact the". City Government and we respond. But we have no legal or moral commitment;to represent the non -taxpaying citizen of Los Angeles County. Councilman Gillum: Along the subject of speeding. Times in the past the Police Department has requested the Council for the use of police radar and I think we have discussed this in the past and I am wondering if we could direct staff to give us a report on some limited type of control for consideration in our upcoming budget hearings. When you three gentlemen were in Sacramento last Monday night there was a problem on Hollencrest Avenue that seems to be a critical one of young people racing downhill halfway and rolling their cars the rest of the way. And Monday evening . there was another accident on this street because of excessive speed and I am wondering if Council couldn't consider radar as a source of control, not as a source of revenue. I would like for the Council to consider a limited use of radar and some provisions for it possibly in our up coming budget for next year. Motion carried. - 16 - 0 0 ADJ. REG. C.C. 4-21-69 Page Seventeen WRITTEN COMMUNICATIONS - Continued 3) Petition. signed by numerous residents requesting City to modify plans for reconstruction of Glendora Avenue at the intersection with Herring Avenue. Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, that this item be referred to staff. 4) Letter from Charles Tellis re. improvement of Citrus Avenue Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, that this item be referred to staff. 5) Letter from San Gabriel Sweeper Service re. sweeping City Streets Motion by Councilman Gillum, seconded by Conncilman Chappell, and carried, to refer this item to staff. 6) Resignation of Fred Angier from Recreation & Park Commission Motion by Councilman Gillum, seconded by Councilman. Lloyd, and carried, to receive and file. Councilman'Nichals: -, There:;was,,a qualific,at.ion;,on,;the,/Teeter of r•esign4tion ; hasr',.that-,been explored; as] o c the, -time? Mayor Gleckman: gather it would be Councilman Nichols - The writer advises that we inform him the date we wish his resignation to become effective. If we accept this evening I effective of this evening. That is the question - would it? We have accepted the letter, would that apply an effective date? Mr. Wakefield: Unless some other date is specified the acceptance would mean it is effective immediately. Motion carried. Motion by Councilman Chappell, sec -added by Councilman Lloyd, and carried, that Council recognize Mr. Angier for his past services to our Recreation & Parks Commission, and direct that a Resolution of Commendation be prepared. (Item 7 acknowledged by Council as a strictly information item referring to Certified Copy of Resolution adopted by Board of Supervisors relinquishing jurisdiction of Rowland Avenue, effective April 28, 1969.) CITY ATTORNEY RESOLUTION NO. 3974 The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA, DENYING ZONE CHANGE NO. 414 - JOSEPH & DOROTHY DAL CERRO." 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, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None - 17 - ADJ. REG. C.C. 4-21-69 Page Eighteen CITY ATTORNEY - Continued RESOLUTION NO. 3975 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, DENYING UNCLASSIFIED USE PERMIT NO. 138 - JOSEPH and DOROTHY DAL CERRO." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum., seconded by Councilman Lloyd, to'adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum,,Lloyd, Mayor Gleckman NOES: None ABSENT: None RESOLUTION NO. 3976 The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA AMEND- ING RESOLUTIONS NO. 3770 AS,AMEND- ED BY RESOLUTION 3938 CONDEMNING CERTAIN PROPERTY FOR PUBLIC BUILDINGS AND GROUNDS (Cortez Park area)." 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. Councilman .Lloyd: I noted by the comments of the City Attorney with regard to the efforts of the ' Attorney for June White, things that are thought to be : delaying tactics and somehow achieves something, but I am not really sure that these people are really motivated in the best interests of the City. It seems to as indicated by the City Attorney, there is a pettiness to this type of approach. (Explained the action pending against the City of West Covina.) I want it noted that this type of activity does exist and somehow there is an unfairness about it. While I am irritated, I do feel that some sort of commentary should be made about it and would be of value in pointing out the responsibility of citizenry to a given city.. My point is made. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None REPORT'ON SCIENTOLOGY-;" Mayor Gleckman: My question is of the City Clerk. Have the people from Scientology made a formal • application that we are holding up? City Clerk: Yes, it was dated January 20th and there is a check we are holding pending the results.' Mayor Gleckman: Thank you. Since this .is prevalent, the check is in and the application is in, and now your report is in - I didn't get your recommendation, Mr. Wakefield? Mr. Wakefield: The recommendation was the issue of a business license for the purpose of permitting the - 18 - 11 ADJ. REG. C.C. 4-21-69 CITY ATTORNEY - Continued SCIENTOLOGY - Continued organization to sell its publications. Page Nineteen Mayor Gleckman: And in the business of auditing we are pre-empted by the State? Mr. Wakefield.- So far as the business of auditing is concerned the organization has claimed in the court proceedings that it was a part of their religious doctrine and practices and to that extent it is not subject to regulations by the City. Motion by -Councilman Nichols, seconded by Councilman Lloyd, that Council receive and file the report of the Scientology investigation; and because of the report Council has no legal means of stopping Scientology of being licensed or selling publications in the City of West Covina. Councilman Lloyd- I think, and maybe I am a little idealistic, we are facing a problem which has come to many of our cities and that is we have per- petuated upon our citizens something which flat out is stated in the Wall Street Journal and the Chicago Tribune in articles, wherein they are truly chastising and censoring these publications as a cult type organization, yet we find ourselves as a City body unable to prevent". them from doing business in the City of West Covina. There is nothing we can do about it and frankly I am incensed and irritated with the idea that I have to swallow this type of activity. Perhaps we should ask our legal department to review to see if there is anything that will allow us to eliminate this type of undesirable'., as evidenced in the newspapers, organization to operate in our City. Perhaps we could review a little further. Councilman Nichols: I think we are in, an area that the courts haven't really found an answer for yet and that is this matter of claiming as a religious sanctuary various activities which under any other agency would be considered illegal (explained in further detail.) It is kind of a real touchy area that can be expanded and probably will be to the point where the courts will have to tackle it. Mayor Gleckman- I would like the .record to show that I have tried everything that I can to not allow this but I have been overruled by the law of the land. Motion carried. CLAIM OF ROBERT L. RHOME Mr. Wakefield: This is a claim for damages caused to a camper by overhanging trees on Park Avenue. Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, that Council deny claim and direct that it be forwarded to the City's insurance carrier. AMERICAN PETROFINA REQUEST FOR VIBROSEIS SURVEY Held over from April 10, 1969 Mr. Wakefield: This was a matter discussed at your last special meeting. After some discussion with the City Manager I have prepared .an Ordinance - 19 - C� ADJ. REG. C.C. 4-21-69 Page Twenty AMERICAN PETROFINA - Vibroseis Survey - Continued which would amend the business license provisions of the Municipal Code allowing a vested fee of $25.00 a day for each day of testing equipment used in a vibroseis survey on city streets. At the time of this discussion, two questions were asked. 1 - whether the City could license a business engaged in this activity and the answer is "yes." 2 - whether or not the City could require copies of their reports be filed with the City, and the answer to that is "no." Simply because the City's power to license does not give them the power to ask for the final resulting information. You can require that information necessary to your licensing activities but not each item of informa- tion falls within that category. ORDINANCE N.O.':. The City Attorney presented: (Held Over) "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ADDING SECTION 6235.7 TO THE WEST COVINA MUNICIPAL CODE RELATING TO BUSINESS LICENSES AND DECLARING THE URGENCY THEREOF TO TAKE EFFECT IMMEDIATELY." Mayor Gleckman: Hearing no objections, waive further reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Lloyd, that said Ordinance be adopted. Councilman Chappell: Is this a $25.00 fee per day covering all equipment? Mr. Wakefield: Yes. The Ordinance also contains the customary conditions which we require in giving permits in the past. Councilman Nichols: Well I would rather sleep on this a little while longer. I think there are some implications here that I would like to consider further. I think there are probably some other uses, significant in number, that get by in the City that are not paying and I just wonder if this is not selective legislation, that would be better thought out on a broader basis. Mayor Gleckman: There is no doubt in my mind there may be other usages and if we can find them I think we should make them applicable to our business license fees. They are performing a service for a fee at community expense, they are using city streets. I sure would entertain the idea of getting them here to protest it and the best way to get them here is to have an ordinance stating they have to pay. They don't seem to be here to find out. Tom Holloway 4304 Lennox Boulevard Inglewood Petrofina and not from us to pay for this. Mayor Gleckman: Mr. Holloway: Mayor Gleckman: Mr. Holloway: Mayor Gleckman: I work for a geophysics service and we are presently employed with American Petrofina. I am not at liberty to say whether this fee would be paid, it would have to come from and we would have to see if they are willing You work for whom? Geophysics, Inc. They are an independent organization? Yes, that is right. And they do services for the different oil companies? - 20 - ADJ. REG. C.C. 4-21-69 Page Twenty-one AMERICAN PETROFINA - Continued Mr. Holloway: This is correct. Mayor Gleckman: And in this instance you are employing American Petrofina to do this service? • Mr. Holloway: No, we are an employee to them. We are doing the work for them. Mayor Gleckman: In what other cities have you performed this service? Mr. Holloway: We have shot just about all of the areas in Los Angeles County, San Joaquin, and Orange County. Mayor Gleckman: Are you at liberty to say what you are looking for? Mr. Holloway: Yes, we are an oil exploration company. Mayor Gleckman: Have you been. charged a business license in any place, any where, or any how? Per. Holloway: Not to my knowledge. Mayor Gleckman: How about American Petrofina? Mr. Holloway: I don't think so, but I cannot say for sure, because I really don't know. . Mayor Gleckman: But you pay them a fee for this service? Mr. Holloway: They pay us. We are a contracting company. Mayor Gleckman: Then really you are doing the work and not them. Mr. Holloway: This is true. We are gathering the informa- tion for them. Councilman Gillum: I think we have to approach this as we do the automatic vending machines, the services that come into the city. We require them to pay a service for using the city streets. We require a carnival coming in for even a day to take out a license. I think we are justified in asking a license fee because they are using the city streets and in some cases causing an inconvenience for the citizens. They do string wires and sounding devices along the streets and sidewalks. Councilman Nichols: That is true, but they are not retailing a product to citizens or wholesaling a product and there are so many things that go on in the City that would be more nearly allied to this where there is no charge. For example, the automobile club that sends a vehicle into • town to service a car parked alongside the road. You don't say because that company sends a car in that they have to pay a license fee. I think you would be more likely to charge them a franchise for the use of the public street, than a business license, because I don't really see that they are, -conducting a business in the sense that I see a business license. Councilman Lloyd: I think we have to define what we are talking about with regards to business here and I think the benchmark simply stated is: Does this business derive profit from the community when it operates in the area? I think the answer is, it does not. American Petrofina is not a business resident here, therefore I think we would violate the intent - 21 - ADJ. REG. C.C. 4-21-69 23 Page Twenty-two 0 0 AMERICAN PETROFINA - Continued of our business license by asking them to pay any kind of a fee because we open Pandora's box whereby we might be open to censure by other people who say alright I'am not going to do'business in West Covina because these people all they are interested in is a bunch of fees. In this case if the people come in and find oil, the profit motive remains right here in the City. As it is he is taking no dollars out of the city and frankly spends something as a result of his crews operating in the streets. My reaction would be "no." Mr. Wakefield: There are two reasons that the City licenses business activities; one for revenue and one for regulation. This is a regulatory license in the sense that really what you are doing is regulating the use of the city streets. Councilman Nichols: When we give permission and attach conditions to it we regulate. Now if we really feel that our staff and our people in the city are obligated to a number of hours time and resulting in an expense to the taxpayers - if staff would approach from that point of view and advise me, then I would say yes we are entitled to a license fee, but so far that has not been the thrust. Mayor Gleckman: Mr. Holloway, where is your business located? Mr. Holloway: 3405 Imperial Highway, Inglewood. Mayor Gleckman: Do you pay a business license in Inglewood? Mr. Holloway: Yes, we do. Councilman Chappell: Do we have to utilize any of our police to check them out during the time they are here? Mr. Zimmerman: I don't recall that we have. The people come in and they are only here a very shor t time. Their wires cross the streets and you can drive over them or walk over them. I am not aware that there is police survelliance needed. Mr. Wakefield: The Police and Fire Department are notified twenty-four hours in advance of their coming. Mayor Gleckman: There seems to be some doubt by Council. We have a motion of introduction and a second and I would suggest that it be held over and the matter referred to staff. Motion by Councilman Lloyd, seconded by Councilman. Gillum, and carried, that this item be held over and referred back to staff. ASSIGNMENT BY WH. PICKERING RE. THAT CERTAIN "DECLARATION, OF RESTRICTION" COVERING LOTS 197 & 218 OF TRACT 8074. Mr. Wakefield: Recently the city experienced a repetition of a previous problem on Calla Valle Street when material from cuts slipped off into the street. At one time it was the responsibility of the subdivider to indemnify the City against losses which the City might suffer by such a condition, but finally when the subdivision was accepted the sub- divider William Pickering of Pickering Enterprises, Inc., took an assignment from the property owner whose property was ;sl'id' ng' off into the street in which the property owner assumed the responsibility for any damage that might be suffered by Pickering because of the slide condition. When the recent slides occurred we prepared in cooperation with the - 22 - ADJ. REG. C.C. 4-21.-69 Page Twenty-three DECLARATION OF RESTRICTION - Lots 197 & 218 - continued Engineering Department an assignment which Mr. Pickering has now:- executed and the Pickering Enterprises have also executed, which in effect assigns to the City the benefit which he received from the original conditions by the property owner. It would vest in the City the right to enforce this original restriction. upon the property owner whose property is sliding into the street, so the City would have one more tool. available to it to compel a permanent change in the condition of this property. If the City desires to proceed with the assignment I would recommend that Council accept the assignment and that would give the Engineering Department a basis for taking the necessary steps to notify the owner of the property in question to either make the changes required to prevent a reoccurrence of the condition, or the City will. proceed to remove the debris and the cost will be assessed against the property. Mayor Gleckman. We need as a motion to accept the assignment by William Pickering regarding a certain temporary restriction covering lots 197 and 218 of Tract 8074. So moved by Councilman. Lloyd, seconded by Councilman Chappell, and carried. CITY MANAGER li Chamber of Commerce Request regarding Sanction of Fireworks Show Motion by Councilman Chappell., seconded by Councilman Lloyd, and iscarried that the letter request from the Chamber of Commerce regarding sanction of Fireworks Show be granted. 2) Request For Funds to Enter Antique Fire Truck in Three Parades Motion by Councilman. Lloyd, seconded by Councilman Chappell, that staff be allowed to enter the Antique Fire Truck in three specific showings as stated in staff report, and be provided with $40.00 to cover cost. Motion carried on roll call vote as follows-. AYES. Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman: NOES: None ABSENT: None 3) Civic Center Dedication (Discussion by Council regarding dedication date for Civic Center. Mayor Gleckman advised that no answer had yet been received from communication to Sacramento regarding a speaker. After discussing it was decided to hold setting of date of dedication until after April 28th awaiting a reply from Sacramento. Council felt that May 23rdi' would be the choice, if possible, with June 5th or 6th, as final choices.) Motion by Councilman Lloyd, seconded by Councilman Chappell and •carried, that this item 3a be held over to the next Council meeting on April 28, 1969. b) Appoint Council Committee to approve Layout of Special Newspaper Edition Mr. Aiassaa We have Mr. Bob Clarke here tonight from the Tribune and he has a copy of the special layout. Robert Clark The newspaper is contemplating Vice -President publishing this edition on Tuesday San Gabriel Valley Tribune May ZOth if dedication is on May 23rd. 23 ADJ. REG. C.C. 4-21-69 i Page Twenty-four CIVIC CENTER DEDICATION - Item B - Continued We have contacted a good manyi,busin.ess institutions and have had a splendid response. We can assure you that we will have a fine and large edition for you at that time. The copy we are proposing using for the City will be in three colors with the city seal in the center and a drawing of your building. We have sold full page ads to many of the business institutions in town.. Broadway, May Company, Eastland Shopping Center,fin.ancial institutions. Also a number of Chamber of Commerces from surrounding cities. Everything in the advertising will be of a congratulatory nature. The finest position in a section like this is the center part and this is available to you in three colors. I am sure the City will want to put their best foot forward in this endeavor. We are printing a 100,000 copies of this edition, a run of over 10,000 more than our daily run. The cost to the City, if bought in. three colors, will be $1350.95. We'ihave already sold twenty-four pages and it could run as high as thirty-two pages. Councilman Nichols: This is the first I have heard about this. Should I have been hearing about this? Mayor Gleckman: Not necessarily, this is something the Tribune is doing and not what we are doing. Mr'.; .Clark: r ;i' This 'i.s :actually a newspaper promotional. We have discussed it with the Chamber of Commerce, the City Manager and the Mayor. They had a similar one like this in Pomona for their Civic Center opening. This is a part of our daily paper that will be published on Tuesday, May 20th and this will be in a section by itself, 'but an intergral part of the paper. Mayor Gleckman: How many copies will the City be given? Mr. Clark: How many would you like? We have not dis- cussed that yet, but we can supply you with what you need. Councilman Nichols: Where does the money come from for this? Mr. Aiassa: I have to find out the cost figure and report back to Council on April 28th. Mayor Gleckman.: The cost was mentioned by Mr. Clark as $1350.00. Councilman Chappell: The City has been represented in the past in the progress issues? Mayor Gleckman: If I remember correctly - every year or two we .run a full page in the Tribune. . Mr. Aiassa: Every other year. Mayor Gleckman: This is really not something new we are • considering doing, and at the same time we do have an occasion - the dedicating of the Civic Center. I think it is an excellent idea. I heard of the idea about a month ago and met with Mr. Clark a couple of times discussing circulation, who would use .it, etc., and now I would like to hear from Council. Councilman. Nichols: appropriate spot. I keeping it on a high However, I can't help My response would be entirely in favor. At times I talk about putting the money where it would do the most good, and I feel this is an am also gratified to hear L�r. Clark say he is level rather than strictly commercial advertising. but get in a little dig - after picking up the 24 - ADJ. REG. C.C. 4-21-69 Page Twenty-five CIVIC CENTER DEDICATION -.Continued paper on. so many occasions and reading about the government should not spend money on this or that, I guess it depends on what your motives are as to whether you should or should not spend your money. Councilman Chappell: This is probably going to be something the citizens will appreciate and might want to hang onto. Our participation won't hurt us any. Councilman Lloyd: I am in favor. I recognize one thing. Since both papers are represented this evening, I note the Sentinel is not going to be putting out this type of publication, but I think future consideration should be given to them. Right now I think Mr. Clark should be complimented on a very fine presentation. I believe I can say with. some understand- ing of some of the problems in putting an edition like this together, that he has done a very fine job. Conncilman. Gillum- It is a once in a lifetime event and something that all of us would like to keep and look back on with pleasant memories. I think it is money well spent. I am sure Mr. Aiassa will be able to find the money. Mayor Gleckman.o Since the view of the Council are in favor, I would like to appoint Councilman Lloyd and myself to act as council liaison with the Tribune on this matter. (Council agreed.) State Legislative Program (Council discussed each item individually.) Motion by Councilman Lloyd, seconded by Councilman Chappell, opposing AB 374 and directing that letters be sent to the Senators stating why we oppose. Councilman Gillum: For the Council s information what appears here is a Police and Fire retirement bill at age 50. Unfortunately you don't have the full picture. It is the opinion of the people promoting this bill that far from promoting retirement at age 50 it will do the opposite because the benefits at age 50 are so small, whereas the benefits increase each year after age 50. And since I did sign a letter requesting an actuary be paid for by the Police and Fire of the City, I will abstain from voting on this issue. Mayor Gleckman: If the Council votes to oppose this bill I would suggest that staff in writing the letter state the reasons why we are oppos- ing. It was one of the things that came out of our conference in Sacramento, that those opposing bills send the reasons why they are opposing or why they are for it. Mr. Aiassao We are one of the Cities that always do. Councilman Gillum: From the figures stated here it would mean a 11.5% tax increase and I think that is a rather bold statement. Is that an honest opinion based on facts? Mr. Aiassao This is the material provided directly from the League. We took their figures as fact. Motion carried. Councilman Gillum abstained. 25 .� ADJ. REG. C.C. 4-21-69 Page Twenty-six STATE LEGISLATIVE PROGRAMS - Continued Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, that Council allow City Manager to send letters to the Committee stating their opposition. and reason. to bill AB 240. A& Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, opposing AB 648. Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, supporting SB 396. Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, supporting SB 515. Motion by Councilman. Lloyd in support of AB 81. (Councilman Nichols raised objections to supporting this bill, feeling it was somewhat high.) Motion died for lack of a second. Councilman Lloyd: With regard to annexations - opposing this bill. Unfortunately we are making comments and recommendations on legislation that frankly requires a little more study than what I have given right here, and I was wondering if we couldn't leave just a bit more time for the inclusion of these things than a Friday to .Monday. We are doing things of real importance to our City. The recommendations, I know are very good, however I am honestly questioning that we can come full blown. Is there any reason why we can't have a week or two on these bills? Mr. Aiassao We are fighting time now and if we don't get them early enough we will have problems in trying to protest. I think:if there is any bill the Council has any question on, we should leave it off and hold until. we get more information on it. Councilman Gillum: I am inclined to agree with Mr. Lloyd. We are relying heavily on the City Manager and staff. Mr. Aiassao This information. is from the League of California Cities, we are not making the recommendations. Councilman Gillum: I realize that, but in some areas we could be putting ourselves in a very embarrassing situation. Mayor Gleckman: If Council would prefer not to makea decision on the balance of these bills until the next meeting I don't think it is going to be so momumental that the legislature will or will not make a decision without our recommendation. • Councilman Nichols: I would just as soon wait to the next time. Motion by Councilman Lloyd.'.. that Council hold over for further study and if in the meantime any of the Councilmen desire to contact staff do so, and then Council can move on this at the next meeting. Seconded by Councilman Chappell. and carried. Mr. Aiassao One brief comment - Senate Bill 464 is going to be heard on. April 22 - you might as well remove from the list. - 26 - ADJ. REG. C.C. 4-21-69 Page Twenty-seven UPDATING CITY's ECONOMIC DATA Mayor Gleckman: We all have a copy of Mr. Wilbur McCann's letter and what he intends to do. Mr. Aiassa: The recommendation is that we put this into our 1969-70 budget. This is the updating of • our economic studies. Mayor Gleckman: Do we have to give him an answer now or at the time we discuss our budget? Mr.. Aiassa: I told him we would give an answer at the time we discuss the budget. Motion by Councilman Chappell, seconded by Councilman Gillum, and carried, to refer this item to the budget sessions. REPAYMENT OF LEAVE OF ABSENCE - Mabel Hoffland Motion by Councilman Gillum, seconded by Councilman Lloyd, that the request of the City Treasurer be granted. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None SISTER CITY FUNDS • Motion by Councilman Gillum, seconded 'by Councilman Lloyd, granting the request of Sister City for the :release of funds in the amount of $90.00. Motion carried on roll. call vote as follows: AYES: Councilmen Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman NOES: None ABSENT: None SCAG DUES Motion by Councilman. Gillum, seconded by Councilman Lloyd, that Council approve payment of $351.00 for SCAG dues for 1.969-70. Motion carried on roll call vote as follows: AYES: Councilmen Chappell, Gillum, Lloyd, Mayor Gleckman NOES: Councilman Nichols ABSENT: None TRAFFIC COMMITTEE MINUTES OF APRIL 1.8, 1969 (Items individually considered by Council) Councilman Chappell: Regarding Item 2 - I would like sometime to talk about this type of sign. In travelling on vacations, signs like this are very helpful when going through towns. It tells you where the churches are, etc. Mayor Gleckman: Mr. Aiassa - will you put this on. as an item for a study session. (Agreed) Councilman. Nichols: Regarding Item 4 - it seems to me that there are some pretty significant implications to this type of request. Older, established communities generally have in their central business districts all of their curb spaces marked, but when you get away from the central district area there are some limitations. We are a pretty large - 27 - ADJ. REG. C.C. 4-21-69 Page Twenty-eight TRAFFIC COMMITTEE MINUTES - Continued city with dozens and dozens of churches, clubs, etc., that front on our public streets and to my knowledge we have not up to now made street parking lanes for any of them. It may be proper and right, I don't know, and I certainly would go along with. that if that were •the staff's decision that we do this if requested, but if this request is honored the city would be in no position to deny the request for curb striping; or street striping in front of all uses that front on public streets where groups of people congregate. Mr. Aiassa, if you are ready to provide this service by staff to the private sector then I would have no further questions, but if you think there might be some implications that the staff should look into further then I would suggest we hold over and act on later. Mr. Aiassa: I think we have two spots now that are marked - two churches. Councilman Nichols: We have off street parking for all of these developments and we say when they build you must have adequate off street parking, now we have one of our large churches asking us to come in and put in parking lines, which in. effect says on the part of the City, we invite you to park offsite. If you are willing to live with this then it is no problem, but once you get it started I don't know where we can stop. Councilman Gillum: I am sure the church on Vine has had their parking stalls marked on. the street, yet they have off street parking. I think it was a request by the merchants. Councilman Nichols: Well it may not be a problem at all. I am only bringing it up - if we are prepared to offer this as a city service, fine with me. Mr. Aiassa: We can refer it back to the Traffic Committee. Councilman Chappell: When we mark the street like this - are the police required to give tickets if they don't park between the marks? Mr. Aiassa: We do not per se have a traffic man to go out and mark the cars in the areas where there is limited parking time . Mayor Gleckman: My only comment would be that the Traffic Committee took it up as a traffic problem and now we are talking policy. Motion by Councilman Lloyd, seconded by Councilman Gillum, and carried, that Council refer this back to the Traffic Committee for review taking into consideration the Council's comments regarding policy. Councilman Lloyd: Item 9 - I don't understand why we have to have a big deal about controlling traffic .in. the Civic Center. I am all for it, but why do we have to bring it up? It goes without saying. Mr. Aiassa: This is the point - if you go without saying and the police officer stops someone driving through our public parking lot we have to have it zoned so the citation can be given. Mayor Gleckman: You want the speed limit posted? Mr. Aiassa: Right. - 28 - f ADJ. REG. C.C. 4-21-69 Page Twenty-nine 0 TRAFFIC COMMITTEE MINUTES - Continued Mayor Gleckman: Mr. Aiassa - what you want is an Ordinance to be adopted providing authority to control parking, speed, time limit, etc., - what is your recommendation? Mr. Aiassa: If Council has no objections we will go ahead and prepare the legal material and bring it in. Council agreed. Councilman Nichols: Pertaining to Item 7. Where it is a request to bring this from a double double yellow striping to a single - in the discussion it says "reasonable site distance and traffic volumes will allow access with a minimal ...... I want to know if I understand correctly what they are talking about. Are they talking about making the change because to change northbound on Glendora Avenue and then make a lefthand turn into the Citrus Bank parking lot Mr. Aiassa: Or into 31 Flavors. Mayor Gleckman: Well we have a recommendation from the Traffic Committee - are you saying - Mr. Aiassa, you don't agree with the Traffic Committee's recommendation? Mr. Aiassa: I don't agree with cutting a line through - the intersection is a close intersection between Valinda and Walnut Creek Parkway but staff also knows that they don't want to impede any business people or block them off with a double double line, so their recommendation is to go ahead and allow and if it turns out to be a traffic problem, they would then close it. I would never open it. Councilman Nichols: My experience in the past is that our Traffic 7 Committee has been super -safety conscious and I am a little surprised to read that the site difference makes this possible. Mr. Aiassa: I think they are living also with the precedent we set on Sunset and few other places, otherwise they would have been very candid in saying "no". Eventually we are going to have a median strip through there so we are going to have to cross that bridge very soon. This is only a temporary thing now. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, to receive the Traffic Committee minutes of April 18th with the exception of Item #4. FLOODING CONDITION AT VINCENT & WORKMAN Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that City Council authorize the Mayor to send a letter to Vincent School PTA describing condition as outlined in report. SAN BERNARDINO FREEWAY a Progress report on Widening Mayor Gleckman: With all due respect to Mr. Pontow, Mr. Zimmerman and Mr. Fast, any changes made or any concessions given regarding the widening of the San Bernardino Freeway should come before this Council with your signature and not theirs. (Council agreed.) 29 - ADJ. REG. C.C. 4-21-69 Page Thirty Mayor Gleckman: Item 9 regarding South Garvey Avenue bridge over Sunset Avenue - do you have a dollar and cents figure? Mr. Aiassa: As you remember, when we made the final • conclusion that we were going to widen the Frontage Road wider, we are now paying for the extra width and the money is coming from the gas tax funds. PAYMENT TO KEN MULLINS - Water Consultant Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that this informational item be received and filed. CITY CLERK 1) Claim for False Arrest and Imprisonment Mr. Wakefield: The claim of Jose Maria Velasquez should be denied and referred to the insurance carrier. So moved by Councilman Gillum, seconded by Councilman Lloyd, and carried. 2) ABC Applications: • a) Betty Jane & John Dahl, Jr., dba 7-Eleven Food Store #251 - 2887::Vall.ey Boulevard b) Israel Simsovic dba In and Out Liquors, 516-18 S. Glendora Avenue Motion. by Councilman Gillum, seconded by Councilman Lloyd, and carried, that no protests be made on. the above ABC applications. 3) Approval of Notice of Election for Southeasterly Annexation District No. 209 Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, to approve Notice of Election for Southeasterly Annexation District No. 209. CITY TREASURER Motion by Councilman Nichols, seconded by Councilman Chappell, and carried, that Council receive and file Treasurer's report for the month of March, 1969. MAYOR'S REPORTS Public Schools Week - April 21-25, 1969. • PROCLAMATION: Law Day USA - May 1, 19-69. March of Dimes Healthy Baby Day - May 1, 1969. Mayor Gleckman: If there are no objections, I will so pro- claim. No objections by Council, so proclaimed. - 30 - • ADJ. REG. C.C. 4-21-69 Page Thirty-one MAYOR'S REPORTS - Continued Commission Appointments Mayor Gleckman: When would Council like to discuss this - we have an opening at the present time to our Recreation. & Park Commission? (Council agreed it would be appropriate to go into a Personnel session very soon for this purpose. Decision made to hold over until Council's next regular meeting night, and Council meet at 6 p.m. on April 28th to discuss all Committee appointments.' Council appointments will also be made on the 28th.) COUNCILMEN'S REPORTS Obuncilman Chappell: The School District held their election and the two incumbents Clay Glass and Jim Miller were reelected. The Mayor assigned Mr. Lloyd and myself the job of discussing the Fact Book. We were talking about a certain number of pages to buy or not buy. It was the recommendation of Mr. Lloyd and myself that we purchase 4 pages in the Fact Book rather than the 8 originally submitted to us, and that we purchase in color. The price, I believe, was less than $500.00. Mr. Aiassa: That is correct. The pages were free and we are paying for the color process. • Motion by Councilman Gillum, seconded by Councilman. Lloyd, to pay up to $500.00 for 4 pages in the forthcoming Fact Book. Motion. carried on roll call vote as follows: AYES: Councilmen NOES: None ABSENT: None Councilman. Chappell: Chappell, Nichols, Gillum, Lloyd, Mayor Gleckman dedication - it will. be Because of the uncertain date of the Civic Center opening we asked that this book be mailed out the week of the expected mailed out on the 21st. Councilman Lloyd: I would like to comment on the recent meeting of the League of California Cities in Sacramento, which I thought was most beneficial. We enjoyed a very high speed and interesting opportunity to meet with a very notable number of both Senators and Assemblymen. I would like to say that our City Manager enjoys a very favorable impression with that august body and I am very pleased to make that report. Councilman Gillum: I would like to report to Council that I attended the joint meeting of the Planning Commissions - Covina and West Covina. I was very much impressed with the attitude and energy that both Commissions approached the subjects of these joint problems and I feel because of their approach and attitude that the two cities will be able to work together on the problems discussed. The same enthusiasm was displayed as was apparent at the Council meeting between the two cities. I was very happy with the results of the cooperation extended by both Planning Commissions and Planning Directors. I think it is something that should be pursued and kept alive on a quarterly basis. - 31 - J 1 • ADJ. REG. C.C. 4-21-69 COUNCILMEN's REPORTS - Continued Page Thirty-two Mayor Gleckman: One other comment. There will be a tour of the new City Hall and Police Building for the Council and anybody you would like to invite, but it is primarily for Council, on Wednesday, April 23 at 4 p.m. This is for us to get an inside detailed look at the new City Hall and also the Police facility. If you have any questions or suggestions that would be the time to bring it up. Also, for the Fact Book, the city would like to have a resume of every Councilman to put into the Fact Book. And we do have a time limit. They would like to have this as soon as possible, so please call City Hall and discuss with staff. I also would like to make a comment on the conference. This was probably the most productive conference that I have been involved with. We did get the opportunity to talk to our Assemblymen as well as the other legislators, and the Governor spoke at the conference. They shot straight from the shoulder, they were very informative and I didn't hear any bad comments at all. We heard from one extreme to the other, and if at anytime Council gets an opportunity to go to these conferences in unison, I think it would be even more beneficial. DEMANDS Motion by Councilman Gillum, seconded by Councilman Nichols, that • Council approve demands totalling $505,104.01 as listed on Demand Sheets B419 through B425, and payroll reimbursement sheets. 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 10:55 P.M. this meeting adjourn to April. 28, 1969, at 6 P.M. ATTEST: CITY CLERK APPROVED: MAYOR - 32 -