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02-24-1970 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY.COUNCIL CITY OF WEST COVINA, CALIFORNIA FEBRUARY 24 1970 The regular meeting of the City Council was called to order at 7:32 P.M in the • West Covina.City Hall by Mayor Leonard S. Gleckman. The Pledge of All was led by -Councilman Thomas Gillum. The invocation was given by Reverend Konrad Koosman of the Christ Lutheran Church. ROLL CALL Present: Mayor Gleckman; Councilmen Gillum, Nichols, Chappell, Lloyd Also Present: George Wakefield, City Attorney Lela Preston, City Clerk George Aiassa, City Manager H.R..Fast, Public Service Director. George Zimmerman, City Engineer Richard Munsell,.Plan.ning Director Ross Nammar, Administrative Assistant APPROVAL OF MINUTES February 9, 1970 - Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried,.approving minutes.as submitted. (Mr. Howard Hawkins, President of the Upper San Gabriel Valley Water District, spoke briefly on the current developments of the Feather River Water Project and the past history of Water Development in Southern•California. In conclusion, he asked that the Council pass a Resolution and send it to the Governor urging the completion of the Feather River Water Project, and also asked that all people • send a letter to the Governor stating their wishes with regard to the water project.) .AWARD OF BIDS PROJECT NO..SP-69006 Street. Improvements LOCATION: Sunset Avenue between'Workman Avenue and Puente Avenue. Bids were received in the office of the City Clerk at 10:00 A.M. on February 4, 1970.--,.,City Clerk .advised the following bids were received, checked and found to be valid bids: D &.W'Paving, Inc. Griffith Company F...-W. .Richter Construction Co... Aman Bros. Silveri'& Ruiz Vernon Paving Co. Strecker Construction Co. Crowell and Larson Sully -Miller Contracting Co. Coxco, Inc. W. R. Wilkinson Co., Inc. .Alternate A $138 317.86 ,138,352.50 _.13 9. , Q2.9 ..b0,-......, -,.._ ..., 142,827.77 144,080.45 145,308.40 147,492.50 151,350.75 152,125..40 159,341.73 174,905.70 Alternate B $139.,.717.86 140,852.50 140,.529...60, 144,352.77 145380.45 147,208.40 148,992.50 153,050.75 153,125.40 160,341.73 175,055.70 Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, that the !'base plus Alternate A" bid of'the D & W Pa-ving,Inc.., of Glendora, as presented at the bid opening on February 4, 1970, for Project SP-69006 be accepted, and that... the Mayor and City,Clerk be authorized to execute an agreement with the said D & W :Paving, Inc.,, for the work to be done. ;PROJECT NO. 7002- Re: Maintenance of Landscaping and Sprinkler (Bid No. 70-50) Systems of the Los Angeles County - West Covina Civic Center. Motion.by.Counci.lman Chappell, seconded by Councilman Gillum, and -1- REG. C.C. 2-24-70 Page Two Project No. 7002 - Cont'd. carried, to hold over to March 9, 1970. PUBLIC WORKS ITEMS • RESOLUTION NO, 4110 The City Clerk presented: ADOPTED °'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL`DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALi OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS STORM DRAIN IN TRACT NO. 21886, MISCELLANEOUS TRANSFER DRAIN NO. 217, IN THE CITY OF WEST COVINA FOR FUTURE QPERATI,ON, MAINTENANCE, REPAIR AND IMPROVEMENT AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF". Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Chappell, adopting said Resolution. Motion carried on roll call, vote as follows: AYES: Councilmen Gillum, Nichols, Chappell, Lloyd, Gleckman NOES: None ABSENT: None PROJECT MP-70013 LOCATION: Civic Center Civic Center Lighting District AD 1-70 (1911 ACT). • Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, accepting the Engineer's report. RESOLUTION NO. 4111 The City Attorney presented: ADOPTED "A RESOL'UT'ION OF THE CITY COUNCIL OF THE CITY DF-WEST COV'INA ORDERING THE CITY ENGINEER TO FURNISH PLANS AND SP.ECIFICATIOIN'S FOR"THE IMPROVEMENT'OF SUNSET AVENUE AND SERVICE AVENUE-. •(CIVIC CENTER -LIGHTING) (Ai.-D.1-70)". Motion by Councilman Gillum, seconded by Councilman_.. Chappell, and carried, waiving further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Chappell, adopting said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Chappell, Lloyd, Gleckman NOES: None ABSENT: None Mr. Patrick Rossetti, Assessment Engineer of L. J. Thompson Assessment Engineers, verbally summarized the report covering the plans and spec- ifications for the work, including a breakdown on cost; further stating the cost was to be borne between the County and the City. RESOLUTION NO. 411.2 The City'Attorney presented: ADOPTED ''A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, APPROVING ASSESSMENT DISTRICT MAP - CIVIC CENTER LIGHTING DISTRICT - AD 1-70. and RESOLUTION NO. 4113 "A RESOLUTION OF THE CITY COUNCIL OF .ADOPTED THE CITY OF WEST COVINA, ADOPTING PLANS AND SPECIFICATIONS - CIVIC CENTER LIGHTING DISTRICT - AD 1-70" Mayor Gleckman: Hearing no objections, waive further reading of the body of said Resolutions. - 2 - REG. C.C. ?-24-.70 Page Three PROJECT MP-70013 - Civic Center.- Cont°do Motion by Councilman Chappell, seconded by Councilman Gillum that said Resolutions be adopted. (Councilman Gillum asked Mr. Rossetti for the breakdown of cost on the two standards to be installed.on-.Sunset-Avenue. Mr. Rossetti presented the figures,•.-advdsing .total cost to the City .was $2109.96. • Councilman Gillum questioned the cost, stating he felt it was high • unless the _twow-lig-ht .seta-nd-ard-s..were not the -ordinary type. Mr. Fast, Public Service Director .advised the two standards at this location were of the ornamental type, and identical to the standards installed in.the parking lot at City Hallo) Motion carried on roll call vote as follows,. AYES: Councilmen Gillum, Nichols, Chappell, Lloyd, Gleckman NOES: None ABSENT: None (Mr. Patrick Rossetti verbally summarized the Debt Limit Report) RESOLUTION-NO.--41l4 The.' City Attorney presented: ADOPTED --- c X- RESOLUTION OF THE CITY "COUNCIL OF THE CITY OF WEST COVINA, INSTITUTING PROCEEDINGS AND ORDERING THE DEBT LIMIT REPORT FOR IMPROVEMENT OF AD 1-70, CIVIC CENTER LIGHTING DISTRICT" Mayor Gleckman: Hearing no objections, waive further reading of the body of,. said Resolution. Motion by Councilman Gillum, seconded by Councilman Chappell, adopt- ing said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Chappell, Lloyd, Gleckman • NOES: None ABSENT: None RESOLUTION NO. 4115 The City --Attorney presented-* ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, SETTING TIME AND PLACE FOR HEARING ON THE DEBT :LIMIT REPORT -(AD 1-70, CIVIC CENTER LIGHTING DI -STRICT) HEARING, A:PRIL 13, 197091. and. RESOLUTION NO. 4116 "A RESOLUTION OF :INTENTION OF.THE CITY ADOPTED CO;UNCT.L OF THE CITY OF WEST COVINA, CALIFORNIA INITI.ATING.PROCEEDINGS FOR THE 1911 ACT CIVIC CENTER'LIGHTING DISTRICT WITHIN AD 1-70, SET HEAR- ING DATE FOR PROTESTS TO PROPOSED WORK ON APRIL 13, 1970'..': and RESOLUTION NO. 4117 "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY' OF WEST COVINA, DETERMINING THAT LIQUIDATED DAMAGES SHALL BE PAID IF WORK IS NOT COMPLETED IN TIME LIMIT SPECIFIED - CIVIC CENTER LIGHTING DISTRICT, AD.1-70. Mayor Gleckman: Hearing no _objections, waive further reading of the body of "said Resolutions. Motion by Councilman Gillum -,,:seconded by Councilman Chappell, adopt- ing said Resolutions. Motion carried" -on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Chappell, Lloyd, Gleckman NOES: None ABSENT: None PRESENTATION OF AWARDS Mayor's Narcotics Advisory Committee -' Mayor Gleckman: Some twenty to twenty-four months ago the 3 REG. CoC. 2-24-70 Page Four Presentation of Awards - Cont°d. City Council set up a Mayor's Narcotics Advisory Committee.made up of people in and around our community from all different professions, to look into the problem of narcotics in our City and surrounding areas. They spent many months learning what they were supposed to be learning about,. because many of them really didn't have any firsthand or any knowledge of the narcotics problem. They oriented themselves and came out with'a report which has since been sent to every legislator in California, the Governor and various Congressmen and Senators. Without exception,every letter we received back from these people were not form letters; they were letters of gratitude for the work done by this Committee. No professionals sat down and picked this report apart before it was sent -m it was sent out in raw form - just what the Committee found.was put in the report. This report was used at the District Attorneys°Association Annual Convention. We have had a tremendous number of requests from organizations in the City and throughout the United States for copies of the report. The job this Committee has done is tremendous and,a credit to the City of West Covina for having taken the initiative to seek out some of the answers to this problem. Since that time, with the able help of our Police Chief,who has gone out and got other police .personnel in the area interested, they are now trying to establish and man a laboratory in the Civic Center, wherein we have the facilities to.help with this narcoticssituation. Also,legislation is being introduced in Sacramento on various recommendations made by this Committee. The Committee elected by themselves to disband,since they have fulfilled the charge given to them by myself and this Council, but have all offered to help in any way if they are called upon in the future to do so, (Read commendation and called up the members of the Committee.) On behalf of the City of West Covina and its official family, as well as its citizens, I not only summarized the • job you did and probably didn't do it as adequately as'I should have, • but I think the report you people have created ­� well,that you were the ones that took the initiative to spend your time and efforts in order to help all the citizens and people of this country, as far as I am concerned, in coming to conclusions as to some of the recommenda- tions that can be done in order;to fight this tremendous menace which is upon us. I,too,believe that America can never be destroyed except from within and: -the' -natc-ot%cs--:.situation has been one of the worst things to come upon us. T-'sincerely-appreciate the work you have done,and it is my pleasure to give you the certificates of commendation at the present time. HEARINGS STREET IMPROVEMENT DISTRICT AD .1-68, LOCATION: Cameron Avenue between CAMERON AVENUE PROTEST HEARING & Lark Ellen Avenue & Azusa Ave., CONFIRMATION OF ASSESSMENT (1911 Act) and Azusa Avenue between Cameron Avenue and a point 430 feet north of Alaska Street, THIS IS THE TIME AND PLACE FOR HEARING PROTESTS OR OBJECTIONS AGAINST THE ASS:ESSMENT.FOR I14-PROVEMENTS OF CAMERON AVENUE AND AZUSA AVENUE AND RIGHTS OF WAY. Mayor„ Gleckman: Madam City Clerk, do you have these affidavits relative to this. hearing: Affidavit of `4 Publication; Affidavit of Postings and Affidavit of Mailing? City Clerk: I, have. the affidavi-tso Motion by Councilman -Gillum, •seconded -.by- Cou-nci lma-n- Chappell, and carried, to receive and file the affidavits. Mayor Gleckman: Madam City Clerk have you received any written protests or objections against the assessment, the improvement as constructed, or the pro- ceedings? - 4 W • • REG. C.C. 2-24-70 Page Five Hearings - Cont°do City Clerk: I have not. Mayor Gleckman: Is there anyone in the audience that would care to make an oral protest or objection against the assessment, the improvement as constructed, or the proceedings? THERE.BEING NO PUBLIC TESTIMONY,PUBLIC HEARING CLOSED. COUNCIL DIS- CUSSION (None). RESOLUTION NO. 4118 The City Attorney.presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CONFIRMING THE ASSESSMENT FOR THE IMPROVEMENT OF CA.MERON AVENUE AND AZUSA AVENUE (AD 1-68) AND RIGHTS OF WAY". Mayor Gleckman: Hearing no objections, waive further reading of the body of said. Resolution. Motion by Councilman Chappell, seconded by Councilman Gillum, adopt- ing said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Chappell, Lloyd, Gleckman NOES: None ABSENT: None PLANNING COMMISSION ..Beer, Wine & Liquor Study Mayor Gleckman: We have a staff report and`a recommendation. What is your pleasure, gentlemen? Councilman Nichols: particular approach to address a question to proposals come to your Mr. Wakefield: Councilman Nichols: I believe the goals that are the•basis for these',recommendations",are sound goals, but I have some question as to the efficacy of this achieve those goals and would first like to the City -Attorney. Mr. ,Wakefield, have these attention for review? Yes, they have. Is it your opinion that the City has the legal authority to ban these types of uses ,in the area proposed? Mr. Wakefield: Yes, I think under appropriate circumstances in the Civic Center Area the City Council could. adopt the recommendations as proposed. Councilman Nichols: Is it your opinion that the establishment of an amortization period does-not,in fact,cons'titute the deprivation of a considerable right that presently exists- that is,the.right of a businessman to maintain and dispose of his business? Mr. Wakefield: The legal test .is the test of -reasonableness. The proposal here.,in my ,opi.niom, would authorize the continuance. of -the use.for a reasonable time and the courts would, sustain,' -it_ -It- is. the _same. 'principle involved in the so-calaed-amor.tiz ati.on--period of _ .nonconforming signs. So long as a reasonable. length .of; time is allowed to recoup the value of the.investment-.in the propertyfthen the action of the City will be sustained. Councilman Nichols.: Thi.s_r-eaches-.the heart -of the one question that, exi.st,s. I -certainly-, -after . all these years --,Mr-. Wakefield.; don It intend to imply that I am taking_a position of tissui-ng-legal opinions-- in competition or conflict with the CitylAttorney, but it 'just seemed to me that an amortization which in fact removed someone's busine's's' and quite probably would prevent them from evendisposingof their business at REG. .C.C. 2-24-70 Page Six Plan. Com: Beer, Wine.& Liquor Study any time after an actirn of the Council, would be considered ,.more significant act than the amortization period established for nonconforming signs. It was my thinking that if a man owned such a business in that area,he would as of the day after Councifs'action on this, perhaps, find it more difficult to market his license, which is of.:considerable value in California, and I wondered what your opinion was for the legal right of the Council in effect, in-a'sense, • perhaps confiscating a value or.portion of a value of a man°s business in the community by an act of this type. • , Mr. Wakefield: The value of the license as such i.s really not involved. The license might be transferred under the same circumstances that it may be transferred under the existing provision of.'the Alcoholic Beverage Control law. What is involved really is the value of the physical premises Occupied by the, licensee and the value of the improvements On those premises. So long as the individual is given a reasonable /,time in .which to amortize the value of his improvements, then the Ordinance would be valid. You will note that a substantially longer period of time for the amortization of the proposed improvements is recommended than is recommended in connection with a sign, where the value is less, the investment is less and the time for amortization' is naturally shorter. Again I should emphasize that whether or not this is a desirable goal so far as the City is concerned, is a policy question to be determined by the City Council upon the recommendation of'the Planning Commission. The City Council and the Planning Commission,'of coursed,could extend for any period they might consider to be reasonable the amortization period, so again I don't think the staff is purporting to do anything more than establish some recommended guidelines. If it is the determination of Council that a longer period of time should be•permitted,then its determination. will • control If it is the Councils determination that this is not a proper approach to the solution of this problem,this would then be, the . end of this particular matter. Councilman Nichols: I don°t expect the individuals coming in/say in ten years from nowt and raising an issue will be doing this in front of metpersonally, but I certainly expect they will be in. I am,generally in favor of this approach and,if it is your feeling that it is a reasonable exercise. of governmental -.authority,. then I would be in'support'of At. Motion by Councilman Nichols, seconded by Councilman Lloyd, ;and carried, directing the Planning Commission to hold a public hearing to amend the zoning ordinances to incorporate the recommendations set forth in -the staff report on Item C-io Freeway Signs - Zoning Study .Report Motion by Councilman Lloyd, seconded by Councilman Chappell., and carried, to receive and file. City Manager introduced to.City`Council the new :Deputy Police Chief - Craig Meacham, advising Council'he was the number two man on the Eligibility List. Rel'ated''briefly Mir. Meacham's background. PERSONNEL BOARD Recommendation.re Employees' Retirement Program Mayor Gleckman: Mr., Aiassa -do .you. have. anything .f-urther to add to the report?. (Answer: No, Mr. Mayor.) Councilman Gillum.. as Council liaison, do you have any further comments? Councilman Gillum: The only thing I might add and as stated in the staff report, that because this is such an involved and delicate situation that we are ® 6 - REG. C..Co 2-24-70 Page Seven Retirement Program reviewing that I would wholeheartedly support and request of the Council to give serious consideration to the recommendation; that is, that the City Council. acknowledge receipt of the Personnel Board's recommendation with respect to the retirement program and that a joint meeting be set by Council, with the Personnel Board to discuss this matter at the very earliest date that we can get both bodies together. I would like to also suggest that at that time we hold • this meeting as an open discussion with employees present, because there is concern by different, employees in the City with regard to benefits. I feel it is only fair to the City Council for them to hear the complete story, because Council. has to make the final decision whether to withdraw from Social. Security. As Chairman of the Retirement Committee, we spent approximately 18 months studying Social Security and the addi- tional plans that could be put, into effect. It is a very involved project and I think it would be well to listen to the employees regarding their feelings as to withdra,�,ing from Social Security; so I would suggest that we set a. joist meeting date with,the Personnel Board.and that the city employees hopefully will attend. (Discussion .followed on date of meeting, whether material would be received by Council in time for Council to read and study. Mr. Aiassa suggsted March l6th, which would give everyone time to study the material and it would still give Council two weeks in which to make a final decision, prior to the deadline of April 1.) Motion by Councilman Gillum, seconded by Councilman Lloyd, that a joint meeting between City Council. and the Personnel Board be set for March l6th, at 7:30 P.M. • Mayor Gl.eckmano I agree with regard to setting the meeting . between Council and the Personnel Board, and that a notification should go to the employees, but it should not be included in the motion because you are thereby directing them to be here. Councilman Gillum: I agree. Councilman Lloyd: I agree. Mr. Wakefield: Mr. Mayor - I would simply caution the City City Attorney Council. that if no action is taken by the City Council. before the l.st of April, the City employees will be automatically withdrawn from Social Security at that time. If it, is the desire of Council to notify the State Employees' Retirement System and the Federal Social Security Agency that the City wishes to rescind its prior action, then I think you should plan on March 23rd as the last possible date that you.might take your action. You should make a final decision, one way or the other, by March 23rd. Councilman Nichols: I am sure that, the members of the Council will meet, if it is necessary to do so, in order to meet the deadline as stated by Mr.. Wakefield. On the other hand, I feel we should allow ourselves - within that rather severe limitation - all the time we possibly need to come to a decision. I would like to register, .for myself, some reservation JI to the concept of any type of meeting by intent, whereby the Council attempts to discuss with the Personnel Board this area and at the same time have a participation of the employee groups. I think it is imposing a burden on both the Council and the Personnel Board. I certainly don't want to give the impression that I don't want to invite participation of our employee groups. I feel they should have that opportunity and the time should be provided for that, and I also recognize that there is actually no way we can pre- vent the city employees from being present at the meeting. But it would be my own feeling that my initial goal at this time as a Councilman, should be in a setting where I and the Personnel Board are not in a round table type of situation where city employees are -to interject or ask questions and get various issues going at that moment hat they feel concern. 7 - REG. C.Ce Page Eight Retirement Program What I am really saying�I guess�is I would like to have a first meeting with the Personnel Board,per se,and if employees are there, they be there as observers, and at a later meeting have it as an open meeting. Councilman Gillum: What you are saying'then is that the first meeting is to be with the Personnel Board, the • City Council and the three gentlemen represent- ing the State Retirement System, Social Security, and the actuary, and determine at that time how the Personnel Board reached their decision. Then on the meeting of the 23rd and before Council makes a decisio.n to open our meeting for comments from the employee groups?. Is this correct?' Councilman Nichols: That is my suggestion. Councilman Gillum: This would probably be the betterway to do it, because there is deep concern on.the part of certain of our employees with regard to benefits, and I know we would like to hear both sides of the story before making our decision. Councilman Chappell: Won't we have a majority and a minority report from your Committee? Councilman Gillum: The Committee per se,only took under.considera- tion whethert-6 stay in Social Security or with- draw,- and along with this information from the Committee to the Personnel Board and to Council, will be.other programs to be considered. But as Mr. Wakefield stated)because of the Resolution • of irrtEnt 2 years ago and ending April 1, 19701, a firm decision must be made with regard to dropping or staying in Social Security, and there • are benefits to be lost by some employees which they have brought to the attention of the Personnel Board. All this material will be made available to Council. Mayor Gleckman: My only comment is the way the motion sets is that we have a meeting with the Personnel Board on March 16th and if there are employees present they can only talk at the discretion of this Council. So I would not make.any stipulation whatever other than.it is'a joint meeting with the Personnel Board, and if at that time the Council feels they would like to set a hearing with the employees we can do that on March 16th,at 7:30 P.M. Councilman Nichols: I agree with that, but I think that we should not give the impression in 'advance that the employees would have that opportunity at that meeting. I think we are all in harmony on that. Motion carried. All in favor. Councilman Gillum. Along...: the -'same subje.c-t•, -.u-p . until this point the Personnel,, . Aoar..d.had, not, considered any any of the fi,nan-vial.-problems,-.-involved.-.ahe .cost to the City, possible future .costs to..the ...city. through benefits .lost, etc., their main concern .:.was., with the... ctu.al. wi-thdr-awal -from Social Security. At this time I would-.ldk.e_ to...direct..staff, with the consent of Council, to give the Council.on:the l6th a complete report regard- ing the amount of money -that -will. have to-be..made available on the part of the City if Council should -decide -.to -withdraw from Social Security along with the benefits or--d sadvant-ages- to --the. C.ity.. (Council agreed; Mayor Gleckman asked Mr. Aiassa to.'have this informa- tion ready for the March 16th meetin Mr. Aiassa agreed.) WRITTEN COMMUNICATIONS "'' Letter from League of California Cities, LA.County Division, Re landscaping in connection with storm drain bond issue - 8 - REG. C.C. 2-24-70 Page Nine Written Communications Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, that this letter be referred to staff. CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF . THE CITY OF WEST COVINA, AMENDING SECTION 3190 OF THE WEST COVINA MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS." Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, waiving further reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, introducing said Ordinance. ORDINANCE NO. 1119 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL -OF THE CITY' OF WEST COVINA, REPEALING CHAPTER 3 OF ARTICLE VII OF THE WEST COVINA MUNCIPAL CODE AND ADDING A NEW CHAPTER.3 TO ARTICLE VII THEREOF RELATING TO EXCAVAT- ING AND GRADING." Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, waiving further reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Lloyd, adopting said Ordinance. Motion carried on roll call vote as follows: • AYES: Councilmen Gillum, Nichols, Chappell, Lloyd, Gle_ckmari NOES: None ABSENT: None ORDINANCE NO. 1120 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ADDING SECTION 3158 TO THE WEST COVINA MUNICIPAL CODE RELATING TO THE OPERATION OF VEHICLES ON PRIVATE PROPERTY OPEN TO THE 'PUBLIC." Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, waiving furtherreading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Lloyd,,adopting said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols„ Chappell, Lloyd,Gleckmari. NOES': None ABSENT: None ORDINANCE NO. 1121 The City At�lorney presented: ADOPTED "AN ORDINANCE -OF THE CITY COUNCIL OF THE CITY OF ;WEST COVINA, AMENDING THE WEST COVINA MUNICIPAL CODE SO A,S•TO REZONE "CERTAIN PREMISES (Carl Karcher Enterprises, Inc. - Zone Change No. 434)e" Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, waiving further reading of the body of said Ordinance. Motion by Councilman,Gll.um,:.seconded.by Councilman Lloyd, adopting %said Ordinance. Motion carried on roll call vote as follows: AYES: 'Councilmen Gillum, Nichols, Chappell., L.loyd,Gleckman•. NOES: None ABSENT: .None Claims of Kevin M. McGinnis for Leave to Present Late Claim and Claim for Personal Injuries - Report - 9 - REG. C.C. 2-24-70 Page Ten City Attorney-' Mr. Wakefield: The application -to file a late claim should be considered by City Council first. The applicable provision of the Government Code requires that City Council grant such an application which is filed on behalf of a minor who was at the time of his injury and is still a minor at the time application is made. Under the circumstances I would recommend that the application made on behalf of Kevin M. McGinnis to file'a late claim'be,g.ranted'.:and that! th'e claim oi-K6vin M. McGinnis.' fbr"personal injuries. in the amount 'bf $l&,, 664:90 dated January 30,. 1970, be denied. So moved by.Councilman Gillum, seconded by Councilman Lloyd, and carried. Application for Leave to file late claim and claim for Personal Injuries of Gayle Covarrubias Mr. Wakefield: The same situation exists with respect to this application to file a late claim of Gayle Covarrubias, minor. And it is recommended that this be granted and that the claim of Gayle.Covarrubias for personal injuries in the amount of $50,000 filed January 28, 1970, be denied. So moved by Councilman Gillum, seconded by Councilman Lloyd, and carried. Motion by Councilman Chappell, seconded by:Councilman Lloyd, and carried, that above claims be referred to the City°s insurance • carrier. • Burke, Williams & Sorensen statement Mr. Wakefield: Mr..Mayor,,.this represents the legal fees that were incurred 'in connect.i!on with the defense of the special assessment that was assessed against the Japanese American property. You will remember that this was a short form 1911 Act Assessment and contested by the then property owners. The property has since been sold' the action set for trial and we went to the expense of preparing the case for trial, the interviewing of witnesses, the taking of depositions, etc. The case was continued because the attorney for the property owner was then engaged in another trial. More than a year has gone by and the case has not been reset for trial. The property has since been sold and the original property owners have:deposited the amount of the assessment plus the annual penalties and interest which -.are accruing with the Title 'insurance & Trust. Company until the action is finally resolved. We felt it was unfair to continue to carry.this on our books without letting the City know what the expenses were to date and this represents that amount. The action has not been reset trial and is not yet finally concluded, however I think the lapse of time indicates that the plaintiffs have little hope of success.! - Some three months ago I discussed the assessment problem with a Mr. George Takamoto, who represented the Japanese. -.American Society and he asked if there was any basis on which the matter could be settled so.f ar as the City -was concerned, and I advised him it was an assessment placed on the tax.rolls and the only way it could be removed was by the payment of the assessment or an order from the Court cancelling the assessment. I have heard no more from the property owners since that time. Councilman Nichols: I would like to receivea comment from the City Manager that he feels it is a justified charge and recommends that the Council;.pay,.it. Mr. Aiassa: As you know we did get a rather bad shift in this whole condemnation procedure. We 10 - REG. C.C. 2-24-70 Page Eleven Burke, Williams & Sorensen Statement anticipated paying $29,000 and" we ended up.paying $59,000 but we did get more parcel and more` land and then we turned around and developed the 1911 Act and placed the charges back to the party that added the extra cost to the condemnation. We have also been in contact to see if we could settle this matter and it appears they are not too anxious to do anything about it and I know the firm Mr. Wakefield represents has put in the time and done all the necessary work and made numerous attempts to settle this situation. I was wondering if Mr. Wakefield would predict to us if the case gets activated again, how much of this preliminary work will have to be done again, and if this is something we should be looking forward to in the 1970-71 budget, but I feel the claim is justified and they have spent time and money on it. Motion by Councilman Lloyd, seconded by Councilman Chappell, that the claim of Burke, Williams & Sorensen in the amount of $3,176.25 be met immediately. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Chappell, Lloyd, :Gleckman NOES., None ABSENT: None Symphony Orchestra Conductor's Contract Mr. Wakefield: Apparently this item came up for discussion at the last regular meeting when I was out of the Chamber. You will recall the City Council originally allocated $2,000 to the Recreation & .ParlisDepartment for the purpose of sponsoring in effect a program designed to establish a Symphony Orchestra in the City of West Covina. On the basis of • the recommendation of the West Covina Symphony Orchestra Society1 I prepared at the request of the Recreation :& Parks Department, a proposed contract with the Director of the Symphony Orchestra, recommended by the Society to the Department; and the recommendation was that Mr. Charles King be hired as Director of the West Covina Symphony Orchestra. The contract calls for Mr. King°s employment as an independent contractor to direct and supervise the West Covina Symphony Orchestra. The compensation provided is within the limits of the amount allocated by Council to the Recreation & Parks Commission. Councilman Nichols: Mr. Mayor, I really don't believe that Item 4 of the report listing reasons for the City entering into a contract is- really particular ly valid. Item A - more control of the city funds, is possible. Item B - I don't think is correct at all. If it is correct, then we better look at this whole matter again. I do hot'believe'-that this gentleman.is being employed by the City of West Covina as an employee; he is being engaged as an independent contractor and does not gain the benefits of a city employee or the security of a city employee; I think the City is stressing through its sponsorship its public support of the Symphony, etc. etc. I don't really feel the reason to say anything except what was said before. However, tha. question that I raised has been answered. The Director of the Recreation & Park Department expressed his opinion that this approach is totally in keeping with the wishes of the Symphony Society and on that basis I am certainly prepared to accept this. Motion by Councilman Gillum, seconded by Councilman Chappell, and carried, approving the contract and authorizing the Mayor and City Clerk`to sign the agreement. L.A. County Social Services Letter Rea Foster Homes Mr. Wakefield: I am sure you know the provisions of our zoning ordinance that are applicable to the R-1 zone restricting the number of nonrelated children that may be kept in any single household to three. The Guldborgs apparently alre 4,y have three foster children for whom 11 - REG. C.C. 2-24-70 Page Twelve City Attorney Cont°do • they are responsible for the County of Los .Angeles Welfare Services divisions who now wish to place a fourth child with the family. In order to do this it would be necessary to amend section 9204 of our Municipal Code. The &ppropriate procedure would be to instruct the Planning Commission to hold the necessary hearings to increase the number of nonrelated children to four. .Councilman Nichols: I believe the original communication to the City came from an employee, a worker of.the County of Los Angeles, rather than officially from the County of Los Angeles. Mr. Wakefield: That is correct, Councilman Nichols. Councilman Nichols: I have possibly more experience with this type of situation than some of my fellow councilmen. May I say that I think we are inviting a great deal of complaint and controversy in many of our neighborhoods if we invite the placement of as many as six foster children -in a home., This is in addition to those children already in'the home. In my ownschool neighborhood there is presently a case where there are nine or ten children in one house. The County is desperate for places to place children and in some cases are placing them in homes where it is really not suitable for this purpose. If we do increase the numbers of children allowed,I would strongly suggest that some proviso be utilized so that in each instance of increase above a certain level they be required to make application to the City for some sort of exemption .for the increase. In other words I think the Ordinance should be structured in such a way that there would be a provision for an increase subject to, but to say it is wide open for anyone to bring size children into their home is unnecessarily liberal. Councilman Lloyd: In this case I am delighted to say that I am in total concurrence with Councilman Nichols. Mr. Wakefield, if we do not come up with this Ordinance,is there any dispensation that can be granted to those that have a proven ability to handle more than three children, and the facilities and.capabilities, or would it be arbritarily out? Mr. Wakefield: It would be arbritarily out, simply because the Ordinance p.r. esept 'fixes._. a maximum of three children.and neither the City nor the City Council have the right to deviate from that Ordinance require- ment. Councilman Lloyd: Thank you. Then I would go along with Councilman Nichols and suggest we formulate a different Ordinance. I feel it should be referred back to staff with a proviso made that if there are more than three children and six is fine,(I don't know what the arbritary number is,) it will have to have both the recommendation of staff and approval of Council. Motion by Councilman Nichols that this matter be referred to the Planning Commission with the stipulation that the Council request. a mechanism be provided whereby exceptions to the limit of three' children in foster homes would follow some procedure acceptable for control purposes by the City Government. Seconded by Council- man Lloyd. Councilman Chappell: Do we have anyone qualified to analyze whether a family that is going to have three, four§ five or six children in their home can or cannot do a job - that is whatconcerns me? Mr. Wakefield: What we are talking about here is strictly a zone or land use control. I think the - 12 - REG. C.C. 2-24-70 City Attorney Cont°do Page Thirteen determination would be simply whether or not more than three children could be accommodated within the family unit without causing a disturbance or problems for the adjoining property owners,, and not whether or not the home is suitable for more children. . Motion carried. ORAL COMMUNICATIONS Mr.. Schr.ey I was concerned about the heliport program. 1724 W. Sawyer Avenue I don°t know if it is on the agenda tonight West Covina or not. (Mayor Gleckman advised it would be on the Council agenda the meet- ing of March 9th.) Mr. Schray: I violently oppose the proposed location because I live right next to it. The noises and devaluation in property - I definitely oppose it if it is proposed to be located near my house. Mar.etta Rice... We have pretty well scoured the neighborhood 1715 Sawyer Avenue and I have at least 300 signatures of people West Covina in the neighborhood that are very much opposed to this. It will be an invasion of our privacy and will be so noisy I don't know how we can live there and also deflate_ the value of our property so much that I don't know how we could sell it if we couldn't dive there. (Presented signed petition to the City Attorney.) Mrs. Vette I am objecting to the same thing vehemently. . 859 So. Orange I have no names to present to you but all West Covina the people in my area object to it very much. Walter Smith I wholeheartedly go along with the 300 that 1618 Sawyer signed already. Thank you. West Covina THE CHAIR DECLARED A RECESS AT 9 P.M. COUNCIL RECONVENED AT 9:09 P.M. CITY MANAGER Traffic Committee Minutes - February 17, 1970 (Items individually considered by Council.) Councilman Gillum: Item 1. This was a request I brought back before Council two or three weeks ago and staff and the Traffic Committee reheard and sent out notices to the people and they responded. I would like to commend staff and the Traffic Committee for coming up with a solution to the problem. Councilman Gillum: On Item 6 - I have a similar situation on Maplegrove at Lark Ellen. Mr. Aiassa, do we have any word from County regarding the stop sign? Mr. Aiassa: I haven't had an opportunity to talk to the County Road Commissioner, but I believe the opportunity will be right after April 1. Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, to accept and file Traffic Committee minutes of February 17, 1970. - 13 - REG. C.C. 2-24-70 Page Fourteen City Manager = Cont°d. Resolution from City of Commerce re 911 Emergency Number Councilman Nichols: Mr. Mayor - I have been informed several times that this is an impossible request.in the State of California because of over- lapping jurisdictions, etc., that there is no possible way of implementing. I see no reason for passing on a request that cannot • be responded to. Motion by Councilman Chappell, seconded by Councilman Gillum, and carried, to receive and file staff report. Holiday Lines Sightseeing Tour Motion by Councilman Chappell, seconded by Mayor Gleckman, and carried, to receive and file staff report. Armstrong & Sharfman - Statement''' Re. West Covina Sunset Avenue Median Strip - $247.56 Councilman Nichols: I surely don'tintend to embarrass anyone, but I wonder how Armstrong & Sharfman got into this when they didn't bid the job. Mr. Aiassa: When tae designed.. the carchitec:turayt�,.-_:'._:'..._.I..:_ improvements. -around the Civic Center area, --and this area is part of that area, we authorized the expenditure for the reason if we were going to design a median strip that it would have some consistency with the Civic Center area, with regard to trees, plants, etc. Normally we come to you first before doing it. Motion by Councilman Gillum, seconded by Councilman Chappell, approving payment of Armstrong & Sharfman statement in the amount of $247.56 for landscaping and architectural services rendered. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Chappell, Lloyd,G:leckma•hl. NOES: None ABSENT: None Covina Water Problem - Progress Report (Mayor Gleckman stated this report was given at the last Council meeting, and there was nothing further to add at this time. Councilman Gillum pointed out that certain instructions had been given to staff about finding out the cost, etc., and Mr. Aiassa said it was forthcoming.) Rotary Trailer - Report Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, to receive and file progress report. Airlift Tower Bid - Report Mr. Aiassa: I would like to make a brief report on our previous bid. We were just $100.00 short on our last bid and we lost a very attractive and useable piece of equipment. Motion by Councilman Nichols, seconded by Councilman Gillum, authoriz- ing the Controller to enter into a six month lease with Option to Purchase Agreement, subject to the approval of the City Attorney, with Alquip Company, Long Beach, California, for a hydraulic aerial lift and truck, in accordance with their proposal and specifications dated 2/17/70 at a cost not to exceed $7,000 plus tax. Councilman Nichols: Mr. Mayor - I was wondering if the total cost of the equipment is the $7,000 figure? - 14 - REG. C.C. 2-24-70 Page Fifteen City Manager :.(Cont'd) Mr. Aiassa: Yes, plus the tax. Councilman Nichols: So the 6 month lease will be some portion of that, so the $5,000 set aside will cover this year's obligation? • Mr. Aiassa: Yes. . Motion carried. Cooperative Gas Purchasing - Report Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, to receive and file informational report. Authorization to Engage a Formal Appraiser Re. Vincent Way Project (Mr. Aiassa read staff report from City Engineer, which had not been sent to Council.) Mr. Aiassa: We have an estimate from an appraiser and it will roughly not exceed $500.00. Motion by Councilman Gillum, seconded by Councilman Lloyd, and carried, authorizing the City Manager to engage a formal appraiser for Vincent Way Project with an expenditure not to exceed $500.00. Covina Water Problem • Mr. Aiassa: I would like to have -authorization from Council to negotiate with Kenneth Mullen for an . appraisal of the water facilities now located in the City of West Covina and serviced and owned by the City of Covina. I believe it will be established on an hourly rate and on a project basis with a minimum. The figure given to me was.approxi- mately $2250. not to exceed. The total cost would be our share unless any one of the two other parties decided to participate in the cost. So moved by Councilman Chappell, seconded by Councilman Gillum, and carried. Motion by Councilman Gillum, seconded by Councilman Chappell, direct- ing staff to send out a letter informing the 246 homeowners in the area of the action and decision of Council; letter to be signed by the Mayor and Councilman Gillum. Motion carried. CITY CLERK ALSAC Request - St.Jude Children's Research Hospital Motion by Councilman Gillum, seconded by Councilman Lloyd, granting permission to ALSAC, St. Jude Children's Research Hospital for teenagers to solicit funds door-to-door 11/14 through 11/21/70. i Mr. Aiassa: Mr. Mayor, we have never specified a time limitation for these solicitations and I have had my doorbell rung late at:.,night. I wondered if Council would like to set a time, (Council discussed) Councilman Gillum: I would amend my motion that permit be granted subject to termination of solicita- tions by 10 P.M. Councilman Lloyd: I accept. Motion carried. - 15 - REG. C.C. 2-24-70 Page Sixteen City -Clerk (Cont_'_d) Parade Permit Application - Galaxie Little League for 5/2/70 Motion by Councilman Chappell, seconded by Councilman Nichols, and carried, approving the Parade Permit application from Galaxie Little League for May 2, 19709 and further waiving the $5,-000.00.. • bond and application fee in amount of $25.00. . American Indian Institute Motion by Councilman Gillum, seconded by Councilman Lloyd, granting permission to the American Indian Institute to solicit and use Teepee Identification. Mr. Aiassa: This is going into your commercial area and it has been the policy of Council in the past to refer to the Chamber of Commerce, as least as far as seeing what the Teepees look like and where they will be located with regard to the merchants. It should be approved subject to the Chamber of Commerce approval. Mayor Gleckman: Mr. Aiassa, I wouldn't like to turn the authority of this Council over to the Chamber or any other body in the City. Either we take action or delay. Councilman Nichols: Mr. Mayor, the Chamber of Commerce has a Solicitation .Control Committee and we have always referred it to them in the past before taking action, and I am not quite so sure that it might not be in the interest of the City to look into this a little bit before taking action, we have been having a little trouble with these out . of town organizations. If someone is more knowledgeable concerning this Teepee outfit than I, perhaps they can inform me. Mayor Gleckman: Madam City Clerk I believe this came before you previously for investigation - would you care to comment? City Clerk: Chaplain Wheeler could not be here this` evening - he had to be out of town. He said they have had very favorable comments in the cities they have been licensed to. They are neat little stands, very small and the young people are dressed with a feather in their hat and pass out a feather when a donation is made. This little stand can be picked up and taken away at night. It is not something that stands: -around day and night. Councilman Lloyd: Do we have a motion on the floor? Mayor Gleckman: We have a motion on the floor and the suggestion came up that we refer this decision to the Chamber of Commerce and Councilman Nichols suggested that more investigation be done or that we at least refer it to the Chamber°s Solicitation Committee before acting. Councilman Lloyd,. Apparently in the past we have had a.- policy wherein we have asked the opinion or a con- currence from the Chamber of Commerce, and therefore I would like to make a substitute motion that this report be held over until a report can be filed by the Chamber of Commerce not later than two weeks from today. Seconded by Councilman Chappell, and carried. Mayor Gleckman: May we now have a vote on the original motion., that permission be granted? Motion failed. - 16 - REG. C.C. 2-24-70 Page Seventeen City Clerk (Cont'd) Mayor Gleckman: Mr. Wakefield - the substitute motion takes precedent? Mr. Wakefield: Yes, Mr. Mayor. CITY TRE*SURER' S REPORT • ---Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, to accept and file the City Treasurer's report for the month of January, 1970. MAYOR'S REPORTS Hot Line Informatianal Letter Mayor Gleckman: We had a request from Orleans, Massachusetts, asking for the Hot Line material to -be made available to -them. I-h-ave referred this to Dr. Snyder, but since this was directed to the Mayor's office, I would entertain a motion that permission be granted to send them the information. So Moved by Councilman Lloyd, seconded by Councilman Chappell, and carried. Peripheral Canal Proposal Mayor Gleckman: This is the proposal that Mr. Hawkins spoke to earlier this evening. I have read quite a bit about it in the newspapers and the report. What is your pleasure gentlemen? Councilman Lloyd: I am particularly interested in this and I .am sure everyone here is. First of all I am in favor of sending information to the Governor indicating that we would -like to have this water. I note that in the map that it refers to the area of the Sacramento River and in the Delta Region'up there and I realize it is very important that they keep every drop of water and I remember the floods they have had in that area. I think the fact remains that, the way it is laid out it does not deprive the farmer of any water - it is snow .and :rdnoff', and it certainly would help the water level here. I believe this Council should go on record officially to the Governor in support of the plan over the Mayor's signature, and I so move. Seconded by Councilman Chappell, and carried. COUNCIL COMMITTEE REPORTS Councilman Gillum: Mr.� Aiassa, I have had a number of people. on weekends from central Los Angeles selling dandy and they state they are supposedly boys organizations. I know the Police have tried to stop them, but it is getting to be quite a menace in the community, and I think Council should be aware of it. They saturate the area and use an -approach that is not quite fair in representation. They have never taken out a license for solicitation. I would like the Council to take a stand on this. It is city-wide. Mayor Gleckman: I have:evid.ence of this at the Glendora Shopping Center last Saturday. Two boys were going in and out and bothering the customers and the owner asked them to leave and they became somewhat belligerent. I do think it is a police problem and can be handled without Council action. 17 - REG. C.C. 2-24-70 Page Eighteen Council Committee Reports - Cont°do Councilman Gillum: Yes, but I would like Council to be aware' of it and that these are unauthorized organiza- tions. Councilman Nichols: I would concur. Mayor Gleckman invited Mrs. Bergman''to introduce Zuly. • DEMANDS • Motion by Councilman Chappell, seconded by Councilman Lloyd, approving Demands totalling $269,104.16 as listed on Demand sheets C686 through C689. This total includes payroll account. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Chappell, Lloyd, Gleckman NOES: None ABSENT: None Motion by Councilman Chappell, seconded by Councilman Lloyd, and carried, that this meeting adj ourn at 9:40 P.M. • ATTEST: CITY CLERK _t APPROVED*. MAYOR