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