Loading...
03-25-1963 - Regular Meeting - Minutes0 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA MARCH 25, 1963 The regular meeting of the City Council of West Covina was called or order at 7:45 POM, by Mayor Barnes in the West Covina City Hall, The Pledge of Allegiance was led by Councilman Towner, The invocation was given by Rev, T, Robert Bergman of Our Savior Lutheran Church, ROLL CALL Present: Mayor Barnes, Councilmen Jett, Towner, Heath, Snyder Others Present: Mr, George Aiassa, City Manager, Mr, Robert Flotten, City Clerk Mr, Harry C. Williams, City Attorney (from 8:05 P,M,) Mr, Harold Joseph, Planning Director (from 8:00 P,M,) Mr, Thomas Dosh, Public Services Director APPROVAL OF MINUTES February 11, 1963 m Held over for clarification: • Councilman Jett: On Page 16, I have a question relating to the action by the Planning Commission, Was this taken care of? i City Manager, Mr, Aiassa: Councilman Snyder: I'm sure this was, Yes, Mr, Joseph conveyed that message to the Commission, Councilman Jett: On Page 17, down toward the bottom, ,just above where it says "Councilman Jett", Doug Launer in the fifth line of his statement, the Minutes show ", , , He was Jett's campaign manager," He said, " Hiatt was Jett's campaign manager", Councilman Towner: I thought he said "he", City Attorney, Mr, Williams: This gentleman isn't an employee of the City or anything, I don't know whether we would have a right to say what he said, Mayor Barnes: City Manager, Mr, Aiassa: I asked for his name in the record. If we correct the Minutes is what we are talking about, Mayor Barnes: Would it be objectionable to say "he" and in parenthesis say "Mr, Hiatt"? Is this agreeable with the Council? Councilman Towner: Do we have a transcript of what was said at that meeting? I think Mr, Jett is right; it should`be verbatim as to what the man said but we couldn't read anything further in it, only record here what he said, -1- f- Co Co 3/25/63 APPROVAL OF MINUTES''® Continued Page Two Councilman Jett- On Page 50, down at the bottom, 0 third line from the bottom, that should be "Assemblyman" instead of "Senator", Councilman Heaths Move the Minutes be accepted as presented with the two corrections, Councilman Towner: We don't know yet whether -the correction proposed.by Mr, Jett is right until we have the transcript of the Minutes, Councilman Heath: I don't think whether it is "Hiatt" or "he" doesn't make any difference, The meaning is the same, Councilman Towner- I think it is trivial to say that something should.or should not be what happened, Mr. Heath, this has happened before in which I have asked for a truthful report in the Minutes of what -was said. This is all that Mr, Jett is asking for and I think he is entitled to it. I don't think we can approve these Minutes until you have a verbatim transcript, I think if any Councilman raises a question on the validity of the Minutes, which I am doing, they have to.be held over, • Mayor Barnes: The motion dies for lack of a second, • Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the Minutes approval of February 11, 1963, be held over until our next regular meeting, (Councilman Heath voted "No",) February 18, 1963 Approved as corrected as follows-, Councilman Jett: On Page 9, down at the bottom, City Clerk's Ordinance No, 7.83, the Zone Change No, 244, the name is spelled "D®i®e®d-imc®h", City Manager, Mr, Aiassa: There should be an "R", It°s a typographical error,(IDiedrich) Councilman Jett: On Page 28, I think there is another typographical error: It should be "Barker" instead of "Baker". Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Minutes of February 18, 1963, be accepted with the two minor corrections, —2— r • • C. C,, 3/25/63 CITY CLERK'S REPORTS Continued TRACT NO,, 26791 ACCEPT STREET (SIDEWALKS) William A. APPROVED IMPROVEMENTS Wilson Page Three LOCATION., East of Lark Ellen Avenue between Merced and Francisquito Accept street improvements (sidewalks) and authorize re- lease of cash.deposit in the amount of $725,,00,, Street improvements.were constructed with Tract No. 18168,, Motion by Councilman Heath, seconded by Councilman Jett, and.carried, to accept the street improvements in Tract No. 26791 and authorize the release of the cash deposit in the amount of $725.00,, METES & BOUNDS SUBDIVISION NOo 135-191 LOCATION., Northeast corner of ACCEPT STREET IMPROVEMENTS Ardilla Avenue and Ned Gilbert Dutch.Street,, APPROVED Accept street improvements and authorize release of Aetna Casualty and Surety Coo.bond in the amount of $650,,00 for street improvementso Inspector's final report on filed Motion by Councilman Towner, seconded by Councilman Jett, and carried, to accept the street improvements in Metes and Bounds Subdivision No. 135-191 and authorize release of Aetna Casualty and Surety Company bond in the amount of $650,,00o PROJECT C-197 ACCEPT STREET IMPROVEMENTS A-1 Concrete, Inco APPROVED Councilman Heath., City Manager, Mr,, Aiassa., LOCATIONs Vincent Avenue from Workman to Puente Avenue,, Accept sidewalk improvements and authorize release of Travelers Indemnity Co,, performance bond No. 1096219 in the amount of $8,249.46, subject to Notice of Completion procedure,, Notice of Completion recorded. Inspector's final report on file,, There seems to be a stretch on Vincent where the sidewalk has not been installed,, This is one of the parties we couldn't get a commitment from for a right of way. —3— r Co Co 3/25/63 CITY CLERK'S REPORTS ® Continued 0 Public Services Director, Mr,, Dosh,. for it and build them a six-foot wall,, before we had a subdivision ordinance,, Page Four The only way we can get the right of way is to pay them This house was installed long Motion by Councilman Towner, seconded by Councilman Jett, and carried, to accept the sidewalk improvements in Project C-197 and authorize release of Travelers Indemnity Company performance bond No,, 1096219 in the amount of $8,249,,46,, RESOLUTION NO. 2588 ADOPTED Mayor Barnes,. The City Clerk presented,. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED" (Brutocao) Hearing no objections, we will waive further reading of the body of the resolution. City Manager, Mr,, Aiassa: We made quite a report to the Council on this,, This is • actually a physical transfer of property to change our new alignment because of the change in alignment of the Wash,, It is a matter of exchange,, Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted,, Motion passed on roll call as follows,. Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No,, 2588,, RESOLUTION NO,, 2589 ADOPTED Mayor Barnes,. —4— The City Clerk presented, - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING THE APPROVAL OF ADDITIONAL FUNDS FOR THAT PROJECT REFERRED TO IN RESOLUTION NO. 1935 ADOPTED SEPTEMBER 120 1960 FOR THE CONSTRUCTION OF FEDERAL AID SECONDARY URBAN EXTENSION PROJECT NO,, VII-LA®WCOV-FAS 63 UE®1 GLENDORA AVENUE BRIDGE" Hearing no objections, we will waive further reading of the body of the resolution,, 2 N, C. C. 3/25/63 CITY CLERK'S REPORTS'- Continued Page Five • Public Services Director, Mr. Dosho We made an arrangement with the State whereby the State agreed to pay for half of the construction,, They are going to pay us,a total of $48,500 because they decided they would have to give us the engineer- ing cost, too. You have a written report on this. Mr. Joseph entered the chambers at 8:00 P.M. Motion by Councilman Heath, seconded by Councilman Snyder,,..that said resolution.be adopted. Motion passed on roll call as followso Ayes,, Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes' None Absent,, None • Said resolution was given No. 2589. RESOLUTION NO. 2590 ADOPTED Mayor Barnes: The City Clerk presented,. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO, 257650 ACCEPTING THE DEDICATIONS THEREIN OFFERED, ACCEPTING AN IMPROVEMENT BY THE SUBDIVIDER AND A SURETY BOND TO SECURE THE SAME" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder,, Mayor Barnes Noes: None Absent,. None Said resolution was given No. 2590. SCHEDULED MATTERS BIDS PROJECT C-169-1 STORM DRAIN IMPROVEMENTS The bids received are as follows: ®5® LOCATION: Batelaan Avenue from Walnut Creek Wash to Sylvan Avenue 9 C. Co 3/25/63 PROJECT C®196-1 ® Continued Page Six • Correct'i'on C,, Bo PELLAND CO,, 10% bid bond $ 199887.40 $ GEORGE DAKOVICH CO,, 10% bid bond 21,747,,20 ROBERT E,, SCHOLES 10% bid bond 210801,,40 REX W,, MURPHY 10% bid bond 239642,,00 249524,,00 W.R,, CONSTRUCTION 10% bid bond 239971.36 EDMOND J,, VADNAIS. 10% bid bond 25,164,,00 MIKE MASANOVICH 10% bid bond 260189.20 SULLY -MILLER CONTRACTING 10% bid bond 269268,,60 GANTRY CONSTRUCTION CO. 10% bid bond 269436,,00 CHRISTOPHER CONSTRUCTION 10% bid bond 28,837.36 289837040 HAMANN & THOMEY 10% bid bond 30,954,,00 ROYAL PIPELINE CONSTRUCTION 10% bid bond 310010.72 DESTTOFF CONSTRUCTION 10% bid bond 310669,,88 Councilman Heath,. Have we ever done any work with C,, Bo Pelland Company before? Public Services Director, Mr,, Dosh,. No,, We did check them out,, Motion by Councilman Towner, seconded by Councilman Snyder, and carried, to award the contract for Project C®169®10 Batelaan Avenue Storm Drain, • in the amount of $19,887,,40 to their low bid that C,, B,, Pelland Company on the basis of and the bid bonds be returned to the unsuccessful bidders,, PURCHASE OF POLICE TWO-WAY RADIO COMMUNICATIONS EQUIPMENT City Clerk, Mr,, Flotten., The Civil Defense Assistant Director has asked us to hold over the decision on this until April 8, 1963. Motion by Councilman Towner, seconded by Councilman Jett, and carried, that the decision on the purchase of police two-way radio communications equipment be held over to April 82 1963,, HEARINGS ZONE CHANGE NO,, 251 LOCATION,. Northeasterly corner Malvern Kaplan of Richland and APPROVED Cameron Avenues between Cameron and • Service Avenues,, Request to reclassify from Zone R-A to Zone C®2 approved by Planning Commission Resolution No,, 1355,, Mr,, Williams entered the chambers at 8:05 P,,M,, —6— ti M • • C,, C. 3/25/63 ZONE CHANGE NO 251 _ Continued Mayor Barnes: IN FAVOR Page Seven This is the time and place for the public hearing,, Mr,, Francis J,, Garvey This is a request to rezone this 281 East Workman Avenue property to commercial,, It was Covina recommended by the Planning Department.and unanimously by the Planning Commission that it be so changed,, (Explained location of the property in question,,) The applicant has riot presented a precise plan but if you approve the zoning he will immediately proceed to use the westerly portion of the property for the erection of a four-story medical building,, The balance of the property is presently the subject of negotiations to be used for development by another tenant,, I believe this will be an added benefit to the City,, There being no further public testimony, the hearing was closed,, Councilman Towner: This seems to be one of those few clear-cut cases that we run across,, I don't see any problem with it,, Councilman Heath: Does a medical center require C®2? Planning Director, Mr,, Joseph: It could go on R-P,, All the commercial zones take general office use,, The benefit of the C®2 zone is the increased height,, Motion by Councilman Towner, seconded by Councilman Heath, and carried, to approve Zone Change No,, 251,, ZONE CHANGE NO,, 252 Kingsbury Manor HELD OVER LOCATION: Northeasterly terminus Sawyer Avenue and Walnut Creek Wash,, Request to reclassify from Zone R®A to Zone R®3 denied by Planning Commission Resolution No,, 1356,, Appealed by applicant on March 8, 1963. Mayor Barnes: This is the time and place for the public hearing,, IN FAVOR Mr,, Graham Ritchie This is an application for a zone • 1015 Wilshire Boulevard change which originally was Los Angeles accompanied by a precise plan for 96 garden -type units. It became apparent later in the negotiations that this is a parcel of land which is designated on your Master Plan for a cultural center. Basically the concern seemed to be that if this was going to be a cultural center it would be foolish to rezone it,, If the City desires -7- • 0 Co Co 3/25/63 ZONE CHANGE NO,, 252 - Continued Page Eight to buy the property, the applicant is willing to negotiate a settlement. We do feel that this particular parcel, it would appear there is.time to make a decision about this particular area regarding the.oultural center and the existence or non-existence about the mall. I under- stand there will be a joint meeting with the Planning Commission to determine the policy of the City in any connection I don't think it would be possible or sensible for the Council to decide the fate of this zone change until the Council decides what they are going to do about the purchase of the land,, I do feel this decision should be made reasonably soon. The property as it is presently zoned is roughly one-half R-3 and one-half of it is R-A,, It is shown on the Master Plan as a cultural center,, (Explained location of property,,) If it can all be developed in one piece, there can be made a reasonable use of the land for apartment house use,, If you. are going to force it to be split, I think you may end up with something'of a less attractive use on the balance of the property at some later date,, The precise plan has problems; the major one has to do with the extension of one of the side streets that comes up to the property. These problems will be solved before the property can be developed,, We would like an answer on the zoning and would like to know whether or not you want to buy the property,, Mayor Barneso If it was the desire of the Council to extend this for a period of two weeks until our next meeting, would the applicant be willing to do this? Mr,, Graham Ritchie: Yes,, The applicant feels you should do that,, Councilman Snyder: The Planning Commission did not turn this down because of the potential cultural center,, The Planning Commission felt this was better R-1,, IN OPPOSITION Mr,, Richard J,, Madison 1625 West Sawyer Avenue West Covina stalls he had and the minimum 100-foot only objection. I think he should stay REBUTTAL Mr,, Graham Ritchie: I am in opposition to this. I understand on his original precise plan that 96 are too much for the amount of parking setback from R-1,, This is my within the codes of the City,, Of course we will stay within the codes of the City,, There being no further public testimony, the hearing was closed,, ._; a C. C. 3/25/63 ZONE CHANGE NO. 252 ® Continued Page Nine • Councilman Snyder: I would suggest that the report of the Planning Commission be read,, I think before we confuse this issue with the fact of whether this is or is not going to be a cultural center I would.like.to point out that although the applicant has attempted to show this was the reason for turning down this piece of property, I don't think -that should be our consideration or the Commission's consideration, whether or not this will be a cultural center,, The Planning Commission had study plans before them showing that you could very well -fit Rml on the south half of this property and best solved the problem.of these stub®end'streetso Their denial was not based on the future use of a. cultural center but that they felt it was better R®ls the south half,, I think if we hold this over for consideration of the cultural center we are not doing justice to the main issue here because right now we haven't any decision to buy it,, Councilman Heath: If the General Plan shows medium density going down south further than the end of this parcel and we are not going to use it as a cultural centers how can we justify small chunk of R®1 trapped between the Wash and medium density and R-3? Councilman Snyder: Point of information,, Borders are not definite as to zone,, • Mayor Barnes: I would like to have Mr,, Flotten read the report from the Planning Commission regarding this matter and the letter from Chairman Renwick regarding this matter,, (So read by Mr,, Flotten(,) Councilman Snyder: I would like to have that 1961 Tract map showing that it can be done in R-1,, Planning Director, Mr,, Joseph: There are seven lots in there,, Councilman Towner: It seems we have problems that need further study,, Councilman Jett: I thought the reason this was denied was because they felt it should be R®1 and yet this letter says it should be a cultural center,, Councilman Snyder: The denial is given right here in your Planning Commission Resolution,, I think we are confusing the issue,, Councilman Heath: Officially the reason we are denying this is because we • think it should be Rml; because we want it for but actually the reason we are denying it is a cultural center, is this it? Councilman Snyder: That is not the interpretation. It has nothing to do with it,, �9® Co Co 3/25/63 ZONE CHANGE NO,, 252 ® Continued Page Ten . Mayor Barnes, I feel it would be an advantage to hold this over for.a period of two weeks,, The applicant has agreed to this,, We will have.a joint meeting with the Planning Commission where we can get right down and talk facts with them,, I think we should talk with the Planning Com- mission regarding the cost of this prOpertyo Councilman Heath, We don't have money to buy this,, Secondly, I think it would be a waste of time to have a joint meeting. I think at the.time this General Plan was being made there was great hopes we would have the Superior Courts in the civic center and the cultural center.would go down here,, We didn't get the court and I have my doubts whether or not this is needed as a cultural center,, Councilman Snyder, I am not for holding it over for study of a cultural center,, Councilman Towner, In view of the problems pre- sented by the Planning Commission I am not satisifed that the burden has been carried.showing that this should be zoned Rm3. However, there are other facets or'other informa- tion that apparently still is being developed which may solve the problems and show that it is possible to develop Rm3,, In the meantime, . I think the Planning Commission is right, that it appears to be better as R-1,, I think proper action at this time is to hold it over, give the applicant time to make studies on street alignments and how it can be used as Rm3 for our further consideration and at the same time and strictly collaterly, we accomplish the other purpose suggested by Chairman Renwick of the Planning Commission, consideration of the cultural center. Move that this matter be held over to the next regular meeting of the City Council,, Councilman Heath, Point of discussion,, It is well evident from all circumstances that we can't cut this and it will no doubt not end up as a cultural center. The top of this is medium density; the property to the left extends at least to the end of this parcel or further,, I can't see the reason for even considering Rml for the lower end of this parcel when we know everything to the northeast and northwest is going to be R-3 and to put R®1 in there would create a problem,, To hold this over and talk to the Planning Commission on this is a waste of time and uncalled for,, Councilman Snyder, It is not a pocket of R®1 you are creating under the present use, it's a pocket of R®3 you're creating. I feel the R-3 creates more problems as far as these two streets go than does the R®1,, With that, • I'll second the motion,, Councilman Jett, I don't see how we are going to gain anything by having a joint meeting with the Planning Commission to discuss something that I don't think any of us feel would ever come about and that is the.creating of _10- C,, C. 3/25/63 Page Eleven ZONE CHANGE NO,, 252 - Continued an area down here because we are getting into a small area that is - surrounded by R®3 or proposed R®3 and we do not have the money.to buy something like this at the present time., I think there are too many problems before the City Council at the present time for us to take the time to discuss something like this knowing how we all feel,, I think we should make a decision,, Action on Councilman Towner°s motion to hold this matter over-. Motion passed on roll call as followsa Ayes: Councilmen Towner,, Snyder,, Mayor Barnes Noes: Councilmen Jett,, Heath Absent: None Mayor Barnes: Could we hold this joint meeting with the Planning Commission next Monday night and then go into Mr,, Aiassa°s agenda? Councilman Towner: Councilman Heath: That's fine,, All right,, Councilman Snyder: If we were to put R®1 or R-3 here,, we should amend the General Plan and this is another valid reason for meeting.with the • Planning Commission. PROPOSED AMENDMENT NO. 59 City Initiated HELD OVER Request to amend the West Covina Municipal Code as to those sections relating to the amending of residential zone classifi- cations Rm2. R®38 and R-4 approved by Planning Commission Resolution No. 13580 Councilman Heath: If there is ever any item which should be held over for a joint study between the Planning Commission and the Council,, this is the item,, Mayor Barnes: I agree but I also feel we should hear from the audience,, This is the time and place for the public hearing. IN FAVOR Mr,, Louis Brutocao I was present at quite a few of 266 South Glendora Avenue the study sessions the Planning West Covina Commission had and also the public hearings they had and generally I think the ordinances are very good. mll® C. C. 3/25/63 Page Twelve PROPOSED AMENDMENT NO,, 59 - Continued • However, I understand R®3 zoning will be changed to the new R®3 and means that all property now R®3 would either have to apply for a R®4 zoning or would apply for the new R-3 which cuts their density requirement quite a bit. I feel strongly it should be at least 25. Another thing that disturbed me is that the R®21, they feel it should only be 10 units per acre. I think they arbitrarily chose 10 units per acre. If you have.too low a density the cost of the land per unit becomes much too high.and you're discouraging developers. I think 15 units should be the minimum. I would like -to use R®2 as a buffer between good R®1 zoning to my high rise and using just 10 units to the acre doesn't allow you to do it. Any areas that they feel that 15 units to the acre is too high a density, they can always on the basis of the precise plan keep it down to whatever they want. Just to state that 10 units to the acre is the maximum they would allow, T think we are obsoleting an ordinance before we are starting. I think 1.5 is just as workable and would certainly encourage more people to invest or to build a multiple unit in the City of West Covina. I wish that you would raise the density quali- fications. In all other things I think they are very, very good as far as I am concerned. I am generally in favor of the methods they are using on the ordinance today where • it leaves more up to the subdivider to.prepare a plan and it has to qualify but the thing that disturbed me that I am opposed to is that the number of units per acre on Rm2 is much too low and the number of units on R®3, although it is more workable, I felt should be 25. IN OPPOSITION Mr. John Hiatt (Placed renderings on the board 322 Campana Flores Drive and explained same.) Some West Covina things were left out and they weren't too heavy on the other. I think these ordinances ought to be set to the economic people who are going to come in. I think the R®2 ordinance is too strong. I have checked the cities around here and I think the distances between the buildings should be cut down; they9re too far away. On lots that we have right here, this wouldn't work out. I think there should be a study on this ordinance and the thing changed around. In the San Gabriel Valley Section of the Los Angeles Times on Sunday, March 24, on the front page, they are doing the same thing in Arcadia- they are fighting an ordinance just like this. Motion by Councilman Heath,, seconded by Councilman Jett, to hold this hearing open until the second meeting in April in hopes that the Council can have a thorough study in a joint meeting with the Planning Commission. Motion passed on roll call as follows, Ayes, Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes, None Absent, None m12® C. C. 3/25/63 Page Thirteen PROPOSED AMENDMENT NO. 59 = Continued • Councilman Snyder. Before we have a joint meeting and before we reconsider this, is there information that perhaps I missed or could we have information stating your reasons in arriving at'all these things? For instance, the reasons for arriving at a 10®unit per acre instead of 15? Planning Director, Mr,, Josephs In other words, the reasons behind it9 yes,, I'll -get that for you,, Councilman Heath. According to our McCann Report of 1959, it was stated at that time that our City was 80% developed,, I would presume by this.time it is close to 90% developed and the land within the City is starting to get scarcer and scarcer,, At the present time land is going for a dollar a foot and going on up,, That is $44,000 an acre and up for R®3 land,, The land is getting so expensive due to shortage that unless a developer can put enough units on the land he can't economically develop the land. In the past month I have been working with developers from all over Southern California who have been trying to come into this area and develop some of our land and when they start to hear the present-day prices and the present allowable units per acre, they immediately throw up their hands and don't want any part of it.,, Those people who do come in are having to pay so much for their land and everything, having to put such an expensive development on it they are running themselves into a predicament where they have to get too high g a rent for the area and I feel following this course that a number of these developers are going to go broke or cut rates or cut down on maintenance or in some way start a blight throughout the City,, This consideration we have before us is a real serious consideration because I feel that it is the success of our City from now on and I think if we start to put too stringent regulations on the developer or the use of the land, we are going to drive people out of the area and I believe those people who do come in are going to create problems,, I feel this is not a problem for us lay people to determine and to establish unless we do it with some very authoritative help,, I feel that our Planning Commission are still lay people and have not had the experience of economically developing parcels of land,, Therefore, I think it would behoove us to ask for expert help on this problem and I would suggest that the Planning Commission and Council form a committee of experienced men ®® you have them in the City ®® people who have developed land and know the economics of developing land, to know whether they can pay $30,000 for an acre and put 25 units on it or whether they have to put on 30 units to come out,, We are asking for a good development but one that can be economically done,, This committee should be composed of experienced men of land developing, Mr,, Brutocao, for one, absolutely non -partisan and no favorites on the Council,, no favorites on the Commission, but as an impartial study to come up and tell us what feasibly can be done because the pattern we set when we pass this is going to mean the future of our City either good or bad and if it • is the desire of the Council to establish this committee, I think you have men in the City who have done development. I am not advocating real estate men,, -13- 0 I* C. C. 3/25/63 Page Fourteen PROPOSED AMENDMENT NO. 59 ® Continued Councilman Towner.- I agree with the holding of this matter over for further study. Questions of density are involving not only problems of economics but also problems of what kind of City we want to develop,, what quality we want in our City,, I think certainly developers are entitled to speak before the Planning Commission and City Council and have spoken and since the hearing is held open,, they will have the opportunity to speak further in the event we come up with other ideas. Their information has to be taken into consideration by us and weighed but I don't believe that forming a committee of developers to tell us how to economically develop the land will solve all of the problems -because all of the problems are not economic. There are safety..comfort, convenience and quality that have something to do with the kind of community that you live in. I think blight can be created in more ways than one and blight can be created,, for example, by ,jamming too many apartment houses toget-.her and overusing the land and I think we have to strike a balance between the economic needs and the quality or character of the community that we,, as elected Councilmen,, want to develop. I agree with holding this over to consider those questions. I do not agree with sett-ing up a committee of developers to tell us what to do. Councilman Heath.- in the past for laying think the citizens did committee for recall. I asked for a committee of laymen. We have used citizen committees out a general development of the City and I a tremendous ,job on it. We even have a citizens' Councilman Snyder.- I have nothing against having a committee formed to bring their recommendations into the Planning Commission and the Council but in effect we have that; they have the perfect right to appear in public hearings before the Planning Commission and City Council and I think Mr. Towner has stated it well,, this is not a fight between developers and the City, we want to encourage developers,, too,, but I think what we want to do is decide what the City is going to look like and also,, this is more than just a matter of economics- it's a matter of public safety; what the City is going to look like,, of fire; remaining open space; playgrounds, and so forth. I think these are all valid considerations just as much as the developers' considerations are valid. Mayor Barnes.- I am certainly interested in holding this over for the reasons these gentlemen have stated. Also,, I would like to invite Chief Sill and Chief Wetherbee to sit in on these meetings and developers as well as people that are in the economic world,, such as bankers and what have you. I feel that the Planning Department and the Planning Commission,, if we had an ordinance of this type 10 years ago when land values were at the price they were then, they would have something very good but when you get into economics,, you're paying more for your land,, therefore it does not become economical to develop per unit. I think this is one thing that Planning Commissioners do not consider and they don't have to but all Councilmen do. We have to have the best revenue and living conditions for the citizens of the City. ®14® • 0 Co Co 3/25/63 PROPOSED AMENDMENT NO, 59 ® Continued Councilman,Heatho professional consulting committee,, Mayor Barnes: Page Fifteen The general idea is that we are not going to have any type of I think we can discuss that in our first meeting with the Planning Commission, Councilman Heath: If you're going to have these developers form a committee, I think they should sit in on a joint meeting and listen,, Mayor Barnes: PLANNING COMMISSION TRACT NO. 25913 Fernwood Enterprises HELD OVER I would invite anyone.and every- one to sit in,, LOCATIONs Between Mobeck Street and County Flood Control Channel 5 Acres 10 Lots Mr,, Flotten read the recommendation of the Planning Commission,, Councilman Towner: Planning Director, Mr,, Joseph: Mayor Barnes: Does this conform to all our present requirements? Yes,, I have never.seen this tentative map before,, Councilman Heath: I don't remember seeing this map at all,, I know three years ago there -was a map in there and I thought the street was in line with Larkwood By moving this street all the way up against the Wash,) are we creating any kind of an easement between the curb and the edge of the property where landscaping cannot be maintained? Planning Director9 Mr,, Joseph: Councilman Heath-. You would have a 10®foot parkway there,, How is it going to be maintained? Planning Director, Mr,, Joseph,. This would back right up to the edge of the right of way, I believe there is already a precise plan approved,, Mayor Barnes: City Manager, Mr,, Aiassa:. Mr,, Aiassa, is the exact duplicate of the map that was approved? Yes,, ®15® LJ L� C. C. 3/25/63 TRACT NO.. 25913 - Continued Page Sixteen Mayor Barnes- Maybe we had better.hold this map over. I think there is confusion whether or not this is the map that was approved by the Council. Councilman Snyder- Instead of having.that.dedicated to the City, couldn't the developer be required to maintain it? Planning Director, Mr. Joseph- You did something similar to this with the Towne House Apartmentswhen you recorded that as a lot in the tract and you had that landscaped as part of the subdivision and maintained by the developer. Mayor Barnes- Mr. Williams, could it.be done to have the subdivider -maintain the 10®foot strip on the City property? City Attorney, Mr. Williams: You could make a condition but it would be difficult'to enforce. For how long are you going to have the subdivider maintain it? After he sells all the lots and goes away, is he still going to have to maintain that? Councilman Heath- Could we possibly consider the street that runs east and west some other name than Larkwood? You have a Larkwood to the left with a cul-de-sac and if you tell someone you live on Larkwood and they get in this street they will go crazy trying to get into this thing. Can't we continue Mobeck Street around the corner for the full length of the street? City Manager, Mr,, Aiassa- I think Engineering is the one that handles street names. If you hold this over, we will add that to the recommendation. Planning Director, Mr. Joseph- The idea is to maintain the linearity of the streets for street number purposes and police purposes. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that decision on Tract No. 25913 be held over for further study until two weeks from tonight. Planning Director, Mr. Joseph - REVIEW PLANNING COMMISSION ACTION OF MARCH 6, 1963 Zone Change No. 251 ® Kaplan Approved ®i6® (Placed original map on the board and explained same. So indicated by Mr. Flotten as follows - No comment by the Council. C. Ca 3/25/63 PLANNING COMMISSION ® Continued Metes & Bounds No,, 135-205 Approved Precise Plan No,, 2489 Rev,, 1 South Hills Little League Approved Precise Plan No,, 3349 Rev,, 1 Don Kay Corporation Approved Councilman Jett: Precise Plan No,, 356 C. R,, Wilson & W,, J,, Overholser Approved • Variance No,, 430 ® C,, R. Wilson & W,, F. Fuesler Approved Page Seventeen No comment by the Council. No comment by the Council. Commented on by the.Council as followso I think we had better call this up and take a look at it. They have drainage problems,, No comment by the Council,, Commented on by the Council as follows, Councilman Snyder: I personally feel since this is an 8-story office building and it is quite a way south that I would like to see this reviewed by the Council,, This is on the north side of the Wash,, south side of the freeway,, City Clerk,, Mr,, Flotten: Councilman Snyder: Precise Plan No,, 357 Leslie Greenbaum Approved Variance No,, 43 Courtney Walters Design Associated Denied Precise Plan No,, 358 Courtney Walters Design Associated Approved That will come up on the 22nd,, Do you want the precise plan to come along with it? Yes,, No comment by the Council,, No comment by the Council,, Commented on by the Council as follows: -17® • Co Co 3/25/63 PLANNING COMMISSION ® Continued Councilman Heath: City Clerk, Mr, Flotten-. Councilman Heath-. Councilman Snyder-. already this distance away and this one, there isn't anything they would have to go for it, here that has been granted to one would have been, RECREATION & PARKS City Clerk, Mr, Flotten-. Page Eighteen Two stories were denied 66 feet from R®1? Yes, A few weeks ago they granted two stories 65 feet away, On the one they approved, the Apartments to the west were pretty well had to on a variance, On surrounding it that would indicate that They are not being denied something., someone around them whereas the other Recreation and Parks Commission mended no changes whatsoever, GENERAL MATTERS ORAL COMMUNICATIONS TRACT NO, 27468 I have a report from Mr, Gingrich reporting that the reviewed the Galster deed and recom® Mr, James McIntyre We are here on a communication 336 North Central on Tract No, 27468 requesting Glendale a modification of Condition 1 of the Planning Commission's Minutes, We submitted a tentative map to the Planning Commission that had three existing houses and the houses were situated in such a way that we had to get a modification of certain street widths through the Engineering Department, We missed this on the Planning Commission Minutes inasmuch as the interpretation of the Minutes was these variances have to be ®® we would like to be able to file the variances prior to the approval and after the approval of the final approval of the variances, (Presented maps and explained same,) City Attorney, Mr, Williams-. He wants to file his final map sooner than if he had to wait • to apply for the variances and to get them, He is saying that the requirements simply recognizes that there must be a variance because when the streets are put in they will be too close to existing houses so there must be a variance. I think he is saying that you don°t need to require any more than the application because you wouldn't have approved the map if you weren't going to approve the variance, ®18® • • Co Co. 3/25/63 TRACT NO,, 27468 ® Continued Mr,, James McIntyre-, Exactly. Page Nineteen City Attorney, Mr,, Williams. I think you need an action to amend the condition attached to the.tentative.which says that before the final map is -filed the variance must be approved to read that before the.final map is filed the needed variance must.be applied for by formal application,, Mayor Barnes-, Planning Director, Mr,, Joseph-, What kind of condition are these homes in question in? We think they are.in substantial enough shape to keep them.,, They will conform with the new development,, City Manager, Mr,, Aiassa< The reason the Council didn't bring up the matter of the variance setback is that when it was before you it was assumed they had applied for their variance, City Attorney, Mr,, Williams. If they put the street in and don't get the variance, they would have to remove the houses,, I think they run the risk. If they wish to file the final map before they have the variance and if they doWt get the variance then they will have to remove the houses because they will be in daily violation of the zoning laws,, I think it is advisable Mr,, James McIntyre: Councilman Towner: City Manager, Mr,, Aiassa: We are willing to take the risk,, Did I understand that there was some reduction in street widths? No,, City Attorney, Mr,, Williams: If they make this change it permits you to file the final map before you get the variance you will have only applied for,, But, If a hitch occurred and you didn�t get the variance, you will have to remove the houses,, Mr,, Frank Halterman: Councilman Towner: City Manager, Mr,, Aiassa: Councilman Towner: Mr,, James McIntyre: I understand that,, Did we take an action on a final map? We rescinded the resolution,, We still have a final map pending before us on this tract? The bonds and money will be in next Monday if everything goes right,, E Co Co 3/25/63 TRACT NOo 27468 ® Continued Mayor Barnes,, Mr,, James McIntyre,, merely modifying this one.,conditiono Councilman Towner,, Page Twenty Let's not vote until we are readyo You're not taking final action on the tract tonight We are I take it this map will..come back to us.at our next meeting? Mr,, James McIntyre,, Yes. Councilman Towner,, So long as it is understood that the developer takes the -risk of not getting his variance and moving the houses,, Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to grant the slight modification to Condition No,, 1 in Tract No,, 274689 amending the condition attached to the ,tentative which says that before the final map is filed the variance must be approved to read that before the final map is filed the needed variance must be applied for by formal application,, LA BERGE COMPLAINT Mr,, Edward LaBerge. I am here to protest my treat- ment by the Chief of Police and Lt. Phillips on a letter he wrote to the Alcohol Beverage Control which I consider unfair and discriminatory. I would like to have you read that letter,, (Read said letter,,) There are no objections to my operation of a cocktail lounge according to the A,,B,,C,, I had a meeting with Chief Sill and asked, "If it's true that my license will over burden you, won't you have to protest every license?" and he said "No". I would like to have you ask him to revoke this letter to the A,,B,,C,, because I think it's a case of personal antagonism,, There is something here I don't understand,, We had a license already approved last year at that location and he found no fault with it then City Manager, Mr,, Aiassa. This letter from Chief Sill to the A,,B,,C,, is dated March 14 and the Council's action was taken on March 18, 1963 to accept Chief Sill's report and file it,, It was suggested that each application should be submitted to the Council for their recommendation,, Mr,, LaBerge feels there should not be a„pm test on his application. Mr...:Bill was; gracious enough to be willing to bring this before you. We feel that in fairness to the Council that you should have an opportunity to hear Mr. Sill and decide what you want to do,, Chief Sill-,. advisable since my letter of protest includes whatever case I have,, I would prefer that you ask me whatever questions you deem to the A,,B,,C,, pretty well Councilman Heath. Mr,, Aiassa, isn't it always a policy of the City to bring before the Council any protest before the protest is sent? -20- 3 C,, Co 3/25/63 LA BERGE COMPLAINT - Continued . City Manager, Mr,, Aiassa-. Page Twenty -One We just make a report,, City Attorney, Mr,, Williams. I think the question was whether such letters or protest -as this, whether they are formal protests or not., are made before the matter is brought to the Council for its will, I can't answer that I don't know,, Councilman Heath. That is a policy question of the City and we have already had protests come to the City Council before they are sent out,, Councilman Towner. I don't think that is factually correct. I think that the problem is simply this. It is a matter of custom and policy in all alcoholic beverage licenses for the A,,B,,C,, investigators to notify the local police chief as a matter of custom.and policy in every city of which I am familiar with and as a nature of courtesy even that the local police chief replies with a factual statement or a protest if he.deems it appropriate. Here he merely followed the customary and usual procedure and the A,,B,,C,, got a factual statement from the Chief of Police,, Councilman Snyder: I think what Chief Sill has attempted to show in his letter . is merely a factual statement of the application as he sees it and it is not in effect an actual protest. I certainly think he is the expert witness on the problem of protesting this type of license; it falls within his province,, Councilman Heathg the issuance of an on -sale beer I don't know what is,, I'feel it Council's authority and I think and in this case it should have went out,, How would you interpret this: "Dear Sir. We hereby protest license." If that isn't a protest, has been sent out without the City we had better start setting policy come before the City Council before it Councilman Towner-. This letter was sent in response to a requirement set out in State law that these communications are directed to police chiefs who are assumed to be familiar with the problems involved and I think the Chief has performed his duty and done it quite well and merely stating a factual straight -forward letter,, I think he is entitled to do it and should do it and I'm sure he has done it in other cases,, I don't know why any exception should be made in this case,, Mayor Barnes. Chief Sill., I think in the past in many cases you have made a report to the Council on these applications asking the Council if they • had any comments on the application., is this true? Chief Sill. It has been our policy in the past. I'll show you the report we get from the A,,B,,C. One comes to the Chief of Police and one goes .to the City Clerk,, The City Clerk in the past as a 'natter of record ®21® C. Co 3/25/63 LA BERGE COMPLAINT® Continued Page Twenty -Two has forwarded it down to our office where we conduct an investigation. (Displayed report and explained sameo) In attempting to make an investigation on these and trying to get it before the Council., as I indicated to you in my memo, it is difficult to make these.investi- gations because they come irregularly and we have to.rather..sandwich them in, It is difficult to have it reach your body before.the 30-day period elapses, In 19629 the liquor.licenses we protested were withdrawn by the person, The last known one I recall that we protested that was a hearing was the Great Wall Restaurant and we had a hearing before the A,B,C, and we lost it and they were.granted by the A,B,C, the on -sale license, Mayor Barnes- When the application comes to you, do you, prior to the investigation of the applicant9s name and the location and any other comments that you have, to come direct to the Council prior to investigation, Do you not feel that the comments of the Council at a meeting would be helpful to you in making your report? Chief Sill- I'm sure it would but up to this time no policy of this kind has been set, • Mayor Barnes- I think it's about time we set a policy and have a good firm route so that Chief Sill., the staff and the Council knows exactly what we are going to do, Councilman Heath- On this particular piece of property that Mr,°LaBerge is talking about, we approved the zoning, the precise plan, the variance and the parking and in all of those cases -it was well stated and we well knew that this was for a beer parlor or a lounge of this type, With this in.'mind9 at least a majority of the Council passed the zoning and we as much as said it was permissible to have a lounge or beer parlor at this point. I believe protesting to a license of this type is a policy matter, Councilman Towner- It would be impossible to grant or deny any zoning on certain uses, I think it's unfortunate here that we have a Police Chief who has performed his duty as required by State law and then he is challenged by a member of the Council who says he prefers to speak for the Chief, I think the Chief knows what the police problems are, I think he is not only entitled to speak but I think he should be required to speak and I think this is something that can also be spoken on with the City Council in accordance with the State law and if you want to state something in preference to the license., you may do so; you have that right, acting as a City Councilman, Councilman Heath- Nobody is going to speak in protest forme, -22- C,, C,, 3/25/63 LA BERGE COMPLAINT m Continued. Page Twenty -Three • Councilman Towner: Chief Sill, is there.anything different in the way that this application was handled from any other application that you have had come before you? • Chief Sill: would like to bring out relative to allowed it to lapse and re -applied four additional licenses have been No,, We follow the same pro- cedure,, There is one.point I t.his application last year,, ..He and during the interim periods allowed in that area,, City Attorney, Mr,, Williams: This is not actually.a protest in the sense that the word "protest" is used. An official protest requires a hearing to.be held in the City. A letter is permissible explaining the feeling,,' As to who writes this letter is a matter of policy,, An official protest requires a hearing to be held in this City and at that stage it has already been approved by the A,,B,,C,, Officer and can only be denied by proof of a legal disability of the location,, At that hearing they would pay no attention to this letter,, The only time you can get matters of this sort before the A,,B,,C,, is to do it before they act on the license at the A,,B,,C,, Officer level,, Councilman Heath. - to write his opinion and state that but the way it is written as if it represents the City,, to the Council before we sent Chief Sill: City Manager, Mr,, Aiassa: application,, The reason your meeting of the 18th reason we are before you liquor sale and.licenses,, accepted and filed; this this letter on the 14th,, The letter starts out "We protestlt,, If the Chief wants his opinion, I have no objections to there, it is written as "we protest" Mr,, Sill, haven't we also brought this these out? No,, I send a copy of the letter to the City Clerk,,' Mr,, Flotten usually announces that there is. a license that Mr,, Sill is here tonight is because of in which you have outlined the policy,, The is Mr,, Sill has made a continuous report on By motion of the Council, that report was action was taken on the 18th and he wrote Councilman Heath: This map showing on -sale, off® sale liquor has been shoved at us by the City Manager on three occasions over the past three months,, We have made it clear previously that we were not in favor of taking any stands or blanket objections to the A,,B,,Co The Minutes will show that we made our stand clear on this thing three months ago and the map was shoved back at us on the 18th and that is when we made this policy,, Mayor Barnes: I think that when Chief Sill gets a report, he makes a recom- mendation, sends it to the Council for their approval prior to sending it to the A,,B,,C,, I think this is what we should follow from here on out,, If it is agreeable with the rest of the Council, I think we should have a motion,, -23- C. C. 3/25/63 LA BEROE COMPLAINT - Continued Page Twenty -Four • Councilman Snyder-. It's not agreeable to.me. It takes the action out.of the hands of the expert and makes it political,, Motion by Councilman Heath, seconded by Councilman Jett, that hereafter that any action taken by the Chief of Police on recommendations or protests of liquor licenses be sent to the Council for approval before it is sent,, Councilman Towner-. I think clearly we.are going to do exactly what Dr. Snyder says; we are putting this in the hands of the politician,, Now, we are in a position where we are clustering beer parlors on North Azusa Avenue and creating a police problem and I think that the policemen and the Chief, who are charged with the problem of policing, are entitled under State law to submit that information to the A,,B,,C,, people for their consideration,, Action on Councilman Heath's motion,, Motion passed on roll.call as follows-. Ayes, Councilmen Jett, Heath, Mayor Barnes Noes, Councilmen Towner, Snyder Absent, None • Mr,, Edward LaBerge, Why can't we make this retro® active.to my case,, I think I'm the whipping boy. He hasn't proved one legal reason why I should not have this here,, Nobody has asked him how he can determine with all his Chief powers that one more overweighs the balance,, Councilman Jett, Looking at this, it appears there's a concentration of licenses developing in this area. I don't think this is quite a fact,, The American Legion Hall is not a place open to the general public,, Across the street, an off -sale liquor store, there is no drinking on the premises,, Shakey's Pizza Parlor across the street has an on -beer license and they sell beer there and I think there is a lot of fine people who go in there and have a pizza and a glass of beer and I don't see anything wrong with that,, The Burma Trader is closed at the present time, I can't help but feel that all of the discussions we have had in the past and I have heard everyone on the Council state that they didn't think we had a problem here, and I think this case is a little discriminatory; I can't help but feel this way and I think this is. something we should really. reconsider,, Councilman Snyder, I think this proves my earlier statement that to take this out of the hands of the Police Chief and make the decision at the • Council means that whatever letter the Chief sends up, if the applicant happens to be a friend of certain members on the Council, they will elect not to send the letter,, I want to state right here that I am positive that the Chief's action was not based on any discriminatory motives, that he made his recommendations only on what he felt were -24- n LJ C1 • C, C. 3/25/63 LA BERGE COMPLAINT ® Continued Page Twenty -Five good police policy, For that reason, to reverse the Chief and put him in a bad light by in effect calling him incompetent or a.liar by. recalling his letter is terribly bad policy for the City.and it proves that this is becoming a political football instead of what it should be, Councilman Jett: I want that record..to.show that the remarks made by Councilman Snyder do not refer to me, This is not a political issue.on my part and I resent the remarks of Councilman Snyder continually making these insinuations, Councilman Heath: I resent it, also, Councilman Snyder: If the shoe fits, wear it, sir, Councilman Jett: You must think that way or you wouldn't talk that way, Councilman Heath: I would like to, if.the City Attorney will permit me, to quote him out of context, Mr, Williams, as you know, is respected quite highly in the League of California Cities for his legal advice and on January 3, 1963, Mr, Williams gave a long report on just this item and if I may quote the first sentence: "As Mr, Williams gathered at the last meeting,- the problem was that certain cities complain of the surplus number of licenses issued in their cities and have not sufficient control over the issuance of licenses within their cities; That he believes he may be able to present somewhat the present, situation regarding this matter; That in the first place, the subject is somewhat adequately covered by the Constitution itself; That the Constitution provides that this is absolutely the power of the Legislature, This is the absolute power of the Legislature- That they have exclusive control over the sale and licensing of liquor in the State of California- That it provides that the licensing of liquor is in the exclusive jurisdiction of the Alcohol Beverages Control Board subject to such procedural requirements set forth by the Legislature," Mrs, Gladys LaBerge: We had this same license approved and it expired on the exact same day that we applied for a new one, February 15,,. We could have extended that license, The only reason we applied for a new one is because we were stupid and thought that being he didn't write a letter of protest before he would not write one against us now because the condition on Azusa Avenue was exactly the same, Councilman Jett: What was the reason you didn't exercise the other license? Mrs, Gladys LaBerge: This is because we were attempting to get financing and we did not get it, We also were hoping to get a cocktail lounge tenant rather than the beer tenant, We didn't think it mattered which we did so we just applied for a new one, -25- • • C. C. 3/25/63 LA BERGE COMPLAINT-- Continued Page Twenty -Six Councilman Jett: Are you intending to open up this beer parlor yourselves or are you just making an application to try-and.get it approved.for,this? Mr. Edward LaBerge-, We intend to operate it ourselves. Councilman Heath, I would like the record -to show clearly that I voted..for the commercial zoning in this spot knowing well at the time of the surrounding conditions, that the precise plan was made clear that.. this was for an on -sale alcohol beverage and on the basis of this,, I am not in protest of this license. Councilman Jett, I want my remarks not be any reflection against the Chief. I have every respect for him and I think he should be supported in every way. Councilman Heath, I think the Chief has done a good job; I think he has done a remarkable ,job with an understaffed department and.I don't want this to be a reflection on him. poenaed I think he should say he does opinion of the Council. He can voice Police. Councilman Snyder. - Mayor Barnes-, OFFICER GAREIS I think if Chief Sill is sub® not have the power to,v61ce the his opinion as the Chief of Are we -still going to ask the Chief to make reports on the licenses? Yes. City Clerk,, Mr. Flotten, Officer Gareis has run into difficulties with Workman°s Compensation. I think he is interested in trying to encourage the Council to develop this disability portion of our employees program as quickly as possible. He is having trouble. City Manager,, Mr,, Aiassa, He has talked to the attorneys and I think the only thing we can do is enact the disability. We have a report on the agenda. The Personnel Board just re -affirmed their stand. City Attorney,, Mr. Williams, I haven't gone into the matter particularly. I have talked to his attorney.more on the general proposition that the Council is now considering this disability pay. It isn't acted on and.I rather presume it will not be.acted on tonight. When it is acted on,, it would not be retroactive,, in my opinion,, and apply to Mr. Garis. I think if the Council announces the policy of paying for these things that a means -26- Co Co 3/25/63 OFFICER GAREIS ® Continued Page Twenty -Seven • could be found to give him a corresponding leave with pay if the Council desired that it would make this type of a policy Judgment. I don't know anything about the present situation with respect to Workman's Compensation- why he is no longer drawing„ite whether he could be given temporary work- whether he is able to perform.temporary work- if he were, whether it would jeopardize his Workman's Compensation claim, The whole thing is very involved and I don't know a thing about the individual circumstances of the caseo I would ask his attorney to suggest what they would like us to do,, He was receiving Workman's Comp, He was determined by the. Industrial Accident Commission to have sustained a percentage of disability and was paid Workman's Comp, Now, I understand he is not presently receiving it,, I don't know why, Administrative Analyst, Mr,, Weeks-, Officer Gareiso I don't know why this compensation was stopped, eithero It hasn't been determined,, They will not give me any satisfaction, They say we will have to wait until it goes before the Accident Com® mission, It will be paid retroactive if the Accident Commission states it will be,, I am now going to their doctor but they will not pay me the $70 a week,, This stopped the 7th of this montho Councilman Towner-, Mr, Gareis, were you given temporary disability payments • of $70 a week? Officer Gareiso Yes, Councilman Towner-, You haven't had a permanent disability rating given to you yet, have you? Officer Gareiso It stems from two separate accidents that occurred with the City,, One was back in '58 for which I received a rating, Councilman Towner-, You had a later accident and received temporary payments? Officer Gareiso Right, Councilman Towner-, They discontinued those and you now have a pending hearing before the Accident Commissiono I think the question is permanent disability and whether or not he should continue to get further temporary payments. The only way the man can get money out of the insurance company is voluntary payments by the insurance company advancing him some money against some future award which he may be entitled to. This is something that your attorney can handle for you • and it is within the grace of the insurance company whether they will do this for you,, Officer Gareiso My attorney has advised me that there is no way we could get money out of them until we took this before the Accident Commission,, ®�7— Co Co 3/25/63 OFFICER GAREIS - Continued Councilman Towner: Officer Gareis: Page Twenty -Eight Is your attorney Mr,,.Mallory? Mr,, Thompsono Councilman Towner: I'll give him a call tomorrow and I°11 see him tomorrow in Pomona and see if I can find out if he can get an advance for you,, Councilman Snyder: Say a man under this exact situation where we are making up the difference between his salary, if it comes into conflict, would we stop payment until the decision had been made if this ordinance is passed? City Attorney, Mr,, Williams: The decision was previously made that he suffered an injury which was service connected,, -As to whether it is determined that the disability is permanent would not be required,, Councilman Snyder: I can see a problem regarding this ordinance that should be determined before it is written and this has nothing to do with this case, but say that the man is off permanently but the doctor and the Industrial Accident feel he is well in three months but he doesn't feel he is well and it goes to the Industrial Accident Commission, does the City continue to pay until this is determined or do they stop at the time the insurance company starts? City Attorney, Mr,, Williams: The ordinance is simply written that as long as he is in fact, disabled. Now, how you determine that, I don't know,, Councilman Towner: This determination could be made separately by the City based on the certification to us by whatever doctors we choose to certify this to us,, Councilman Snyder: The ordinance says the certi- fication shall come from the Industrial Accident area,, City Attorney, Mr,, Williams: The question you°r°e asking has to do with the duration of the disability,, The ordinance says in silence that he gets payment as long as he is disabled,, City Manager, Mr,, Aiassa: If Mr,, Towner is successful in 'getting this temporary relief, I would like to have some thinking of the Council if this doesn't happen and we don't get this, he still has to eat,, I think the only legal thing is maybe to extend leave with pay by recommendation of the Manager', !'have to check the ordinance, extend his sick leave and carry him by recommendation from me subject to a formation of a final report from Industrial Accident report. -28- C, Co 3/25/63 .OFFICER GARIS - Continued Page Twenty=Nine • City Attorney, Mr,. Williams-. Hasn°t he used all his sick leave? • • City Manager, Mr, Aiassao Administrative Analyst, Mr. Weeks-. Yes;,, but we may "have a - prdvision under the emergencies power where we can extend it, if,passible. There is a leave of absence with pay but this might jeopardize his position, City Attorney, Mr, Williams-. You°re not sure he.wants it. If he asks for it, I.would say give it to him but he has to ask for it, City Manager, Mr, Aiassa-. Mayor Barnes-. WRITTEN COMMUNICATIONS CITY MANAGER ORDINANCE Let's see what Mr, Towner can do on this matter, We'll know by.next Monday night, City Clerk, Mr, Flotten-. I received this this evening. It is directed to the City Council re petition objecting to recent changes in the City Managers Ordinance, The letter is signed by Phil Wax, representative for the West Covina Plaza Merchants, Mayor Barnes-. The merchants had, I believe, 83 signatures, I felt that the heading of their petition was very well worded, It was the larger petition that I did not care for the wording, -in that I felt it was misleading, Mr, Phil Wax-. If the Council accepted the petition at the time, why would they go around and ask the merchants intimidating questions at a later date, We want to know why this was done, Councilman Jett-. Mr, Mayor, I talked to Harry Sobeloff, who is a friend of mine, I asked if he understood what he was signing when he signed that petition and he said, "Well, I don't know, As it was explained to me and as I understood what was explained, for instance, I have a superin- tendent of my business and if I bypass that superintendent and went back to my employees and started telling them what to do and how to do it and what I wanted done, I would soon lose my superintendent because no one would have any respect for, him and no one would listen to him and my organization would go to pieces," He said, "The same thing would happen in the City, You try to bypass the City Manager and go to the department heads and tell them what to do and the first thing you know, they will ®�9® C. Co 3/25/63 WRITTEN COMMUNICATIONS - Continued Page Thirty • have no respect for the City Manager and you have a complete, -breakdown in your City government," I said, "You have been misinformed, Never, no place was there suggested or any reference made whatsoever..to bypass the City Manager and going direct to the City employees.and.telling them what to do," There were two things on the City Managers Ordinance, making it a simple majority to.remo.ve_the City Manager for cause, This brought us in line with practically every other city ordinance throughout the State of California,. ''It was recom- mended by the League of California Cities -® perhaps I shouldn't say "recommended", but the letter we received pointed out..that we should up -date our ordinance and bring it into conformity with.what.they felt was a good city managers ordinance, The other point was.that we felt, or the majority of the Council felt, that as the elected representative of the people of West Covina that it was our responsibility.to inter- view and to the best of our ability select the man qualified -to fill the position of city manager, The way the ordinance did read was that we shall engage the services of the California Personnel Board or the Los Angeles County Civil Service Commission, They would interview those men they thought qualified and would certify to the Council five men, one of these five men had to be hired by the City Council,. We had no other recourse but to hire one of those men. This was taking away • from the City Council the perrogative, the elected representative of the people and the men who are charged with the responsibility of adminis- trating the policy and hiring of the city manager; the hiring and the firing, I think in the past there was a City Manager removed from the City of West Covina about four years ago,, or five years ago. I don't remember any ruckus being raised at that time to try to save that man and I don't understand why all the_ ruckus is being raised now and the fight to save the City -Manager when this has never been brought:up and I don't understand why these same people who are talking about this never once have I heard them make a remark, "We want to do something for the benefit of the people of West Covina" or "for the benefit of the City", Everyone has talked about,- "I want to save the City -Manager; I don't want no changes here," I am concerned with only one thing and that is good government for the City of West Covina, I am interested in doing the best job I know how as the elected representative and I make no apologies for any acts that I have done, I stand on my record and if that isn't good enough, get busy with your recall, Councilman Heath,, Mr, Flotten, you have a petition that was presented to you with a number of pages and on the first page there are two paragraphs and on the second page, the page underneath, there are three -paragraphs, the third paragraph has been added to the second page and subsequent pages and states, "We object to a Councilman going to a department head and giving him instructions", Am I right in what I say? City Clerk, Mr, Flotten,, That's true, ®30® CJ • C a C o 3M/63 WRITTEN COMMUNICATIONS m Continued Page -Thirty -One Councilman Heaths The first page is ... different from the other pages_.and.the other pages state that they object to a Councilman going t.o..a,..depsrtment head? City Clerk, Mr, Flotten: Yes, Councilman Heath-, Mr, City Attorney, is.there any way in this.resolution'or this ordinance that has gust been passed, anything concerning.a..Councilman going to a department head and giving him instructions? City Attorney, Mr, Williams: Councilman Snyder: Councilman Heath: Nothing in the amendment; -it's in the original ordinance, I think this has.b.een..run into the ground, I think so', too, Mr, Phil Wax: Mr, Jett made a very fine speech but I still didn't get the answer to my question of why he went to these people to tell them these stories which he feels that we have good government and that.his vote was right, Why did he have to go to these people.and tell them they didn't know what they were doing? Councilman Jett: Mr, Phil Wax: Councilman Jett: Mayor Barnes: CITY CLERK'S REPORTS CANCER CONTROL MONTH I only went to one person, I can.name three, } Harry Sobeloff is the only:one I went to, Word gets around sometimes and it grows, City Clerk, Mr, Flotten: We have a request to proclaim the month of April as Cancer Control Month and April 20, 1963 as Cancer -Sabbath Sunday, and April 22 as Residents Memorial Crusade Day, Mayor Barnes-, -31- If there are no objections, I will so proclaim, (No objections voiced,) So proclaimed, • • C Co Co 3/25/63 CITY CLERK'S REPORTS —Continued PUBLIC SCHOOL WEEK City Clerks Mr, Flotten: Mayor Barnes: ANNUAL REPORT ON STATUS OF REIMBURSEMENT AGREEMENTS Page Thirty -Two We have a request._to.proclaim April 22 to 26 as Public -Schools Week, If there are no objections,, I will so proclaim, (No objections voiced,) So proclaimed, Mr, Flotten read the report from Mr. Pontow to Mr, Aiassa regarding this matter and dated March 21,, 1963, Motion by Councilman Towner, seconded by Councilman Heath,, and carried, to accept the report and approve payment of reimbursement funds as recommended, RESOLUTION N0, 2591 ADOPTED Mayor Barnes: The City Clerk presented. - "A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING.A QUIT CLAIM DEED FROM THE COUNTY OF LOS ANGELES" (Badillo Street) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Snyder,, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Tooner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No, 2591, CITY ATTORNEY ORDINANCE INTRODUCTION —32— The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 250, Richard Scott) CJ • C. Co 3/25/63 CITY ATTORNEY ® Continued Page.Thirty®Three Motion by Councilman Heath, seconded by Councilman Towner, and.c:arried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Towner,..and carried, that said ordinance be introduced. ORDINANCE INTRODUCTION The City Attorney,presentedo "AN ORDINANCE OF.THE..CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING SECTIONS 2709 AND.2710 OF THE WEST COVINA MUNICIPAL CODE RELATING TO PURCHASE.OF CONTRACTS FOR SUPPLIES, SERVICES AND EQUIPMENT" Motion by Councilman Heath., seconded by Councilman Towner, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Towner, .and carried, that said ordinance be introduced. ORDINANCE INTRODUCTION The City Attorney presented. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 4102 OF THE WEST COVINA MUNICIPAL CODE PROHIBITING THE FLOWING OF WATER INTO PUBLIC STREETS" Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that said ordinance be introduced. RESOLUTION N0,, 2592 ADOPTED Mayor Barnes: The City Attorney presented; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING A SIGN VARIANCE!' (V No. 425, Schlanger) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No. 2592. ®33® Co Ca 3/25/63 Page Thirty -Four CITY ATTORNEY ® Continued • RESOLUTION NO. 2593 The City Attorney presented, ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CHANGING THE MAYO®BREED FORMULA FROM A 55-45 SPLIT TO A 60% SOUTH AND 40% NORTH SHARING OF GAS TAXES COLLECTION DOLLARS" Mayor Barnes.- Hearing no objections, we -will waive further.:.reading of the body of the resolution,, Motion by Councilman Heath, seconded by Councilman Towner, that said resolution be adopted,, Motion passed on roll call as follows.- Ayes.- Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes, None Absent, None Said resolution was given No,, 2593. CITY MANAGER REPORTS • CENTER STREET R/W City Manager, Mr,, Aiassa, I have an official communication from the representative of the Division of Highways of California to County and City Projects,, He informs me that our contract agreement and money has been approved by the State Division of Highways,, Also tonight I would like to have the Council accept the right of way map which the State'has already approved and I would like to have this letter entered into the Minutes,, I requested Mr. Johnson to write directly to the State Division of Highways as soon as he had his map ready,, (Read letter from the Division of Highways to Mr,, Harold Johnson regarding this matter,,) The letter is as follows. - "This will confirm information phoned to your office on March 19, 1963 concerning the plans for construction of Center Street in West Covina which were forwarded to this office with your letter of March 15, 1963. "The plans are satisfactory as submitted,, Final details and approval of typical sections are subject to review at such time as these features are completed,," • I need authorization of the signing of this West Covina supplement agreement S®1 special provision for Project 52,, You have informally accepted it subject to State approval,, I would like to have the Mayor and Clerk authorized to sign this if there is no change from the draft approved by the Council,, -34- • C. Ca 3/25/63 CITY MANAGER REPORTS ® Continued. City Attorney, Mr, Williams - a City Manager, Mr,, Aiassa- Councilman Heath - Page..Thirty®Five Does this provide.that..the State pays half of whatever.the cost is? We are sharing..equally with the State the entire cost, That would include.the.damages, wouldn't it? City Attorney, Mro Williams- Yes; I presume it would include severance damages, Ordinarily they don't call it severance damages, but "cost of acquisition". Councilman Towner- This would he.subject to clarification that it conforms to the rough draft previously drawn by the City and I.think we should add a further clarification as to whether or not it includes severance damages, Councilman Jett- I think this.is important and that this should..be clarified, We could make it subject to approval by the City Attorney after he reviews it, City Manager, Mr, Aiassa- Whatever you want to do,. Councilman Towner- Since the City Attorney has raised a legal problem that needs clarification, I think we do have to clarify it and therefore I would like to have those reservations in the motion, City Attorney, Mr, Williams - I think it may be satisfactory if I read it, Motion by Councilman Jett, seconded by Councilman Towner, and carried, that the Mayor and City Clerk be authorized to sign this West Covina. Supplement Agreement, S®1 Special Provision for Project 52 subject to the condition that it conforms.to the rough draft previously drawn by the City, and that a further clarification be added as to whether or not this includes severance damages and further that this be subject to the City Attorney's review and approval on severance damages - VICTOR GRUEN CONTRACT Councilman Heath- Mr, Williams, we have just made a contract or signed a contract • with Victor Gruen for a traffic study going from Glendora to Orange, This is a $19,000 project, I believe this is to be paid partly with money which We have in the budget this year and with money we have in the budget next year, Is this legal? As I understand it, you're not able to make a contract unless you have the money in the hand, ®35® • C,, Co 3/25/63 Page.Thirty®Six VICTOR GRUEN CONTRACT ® Continued City Attorney,, Mr,, Williams: You don't have to have money in hand as long as there is money that can be encumbered out of this year's budget even though you don't pay it now,, You may use this money to pay payrolls up until you get taxes in December,, You have to have enough money unappropriated in this budget to appropriate it but having appropriated it you can still keep the money and then when it is paid it will be charged back to this year's fund,, There is a gimmick in it but I think we are safe,, CITY CLERK REPORTS RESOLUTION OF CHAMBER OF COMMERCE RE STATE SENATE BILL 845 SUNDAY CLOSING LAW Mayor Barnes: Councilman Heath: Councilman Jett: I think it's a very poorly written bill,, I wouldn't want to take a stand..on.it,,.myself ,, I would vote ':Noll I would be against passing any resolution recommending this be approved,, Councilman Snyder: Personally'. I think it should be accepted and set aside for study because this is a real sticky subject and I think there is too much to be said on both sides. I agree with the intent but I think the way the bill is written that it might not accomplish the intent,, I think no action would be better than any action,, Councilman Towner: I think we ought to take this one step further,, It appears to me that even though we are sympathetic to the merchants who are apparently being faced with a possible necessity of staying open on Sunday in order to meet competition,, there is enough difference of opinion within our own community that the Council as such should take no action on it,, I think this is a battle that should be fought on the State level,, Councilman Snyder: Then we don't need a motion; we Just take no action,, Mayor Barnes: If it's agreeable with all of you,, the City Council will not take any action,, Councilman Towner-. No action for or against, -36® • Ca Co 3/25/63 CITY CLERK REPORTS,- Continued PROPOSED ANNEXATION NO. 26 TO THE CITY OF LA PUENTE City Clerk, Mr, Flotten.- PROPOSED SOUTHERLY ANNEXATION DISTRICT NO, 25 TO THE CITY OF COVINA Mayor Barnes.- Page..Thirty-Seven This is for your information, We have already written -a protest to this annexation, Mr, Flotten read a letter re this matter directed to Mayor Barnes, dated March 19, 1963 from Mayor Colver of Covina, Mayor Barnes.- I do not agree with -the Mayor of Covina that they.complied with these two particular resolutions 936 and 701, This is jointly, agreedthat the annexation committees would meet to discuss, We told them at`a metting that we had referred this area to.the Planning Com- mission. When they received their petition, they merely called ­us and told us there was a petition in, I told Mayor Colver-at that time that personally it would be up to the citizens of this area.to decide which city they would like to go to but I would like.to have the chance to talk to the City Council to see whether or not they objected to the annexation, I brought this to the Council the following Monday night but that same night Covina called a special meeting to send this particular annexation to the boundaries committee and start annexation proceedings, If Covina is going to violate the gentlemen's agreement in this manner I think we have a perfect right to do this in other areas discussed in the past, Councilman Towner.- I wonder if I might makea suggestion, The Covina annexa- tion is already an established fact. I think we probably would -lose ground if we got into public charges of bad faith, I think this might be something you could discuss profitably with Mayor Colver between yourselves as to how you're going to operate under this agreement, I think as far as the annexation itself is concerned that we should have an understanding with Covina that we will attempt to present the facts to the people in the area so they will.be fully informed at the time they make their vote and will be able to make an intelligent choice and Covina should be apprised of the fact that we are going to do this. Another suggestion.I have is that our Annexation Committee take the facts which they have in hand and provide some means of getting this information to the people, either by letters to the residents or meetings or some method by which you choose, Councilman Snyder. - a meeting of interested residents up mostly a matter of principle, This i think the benefits of this annexation think there is a principle involved, I second that, I feel the Annexation Committee should call there, However, I think this is s mostly residential and I don°t are worth a big fight over, I Co Co 3/25/63 CITY CLERK REPORTS - Continued MCouncilman Heath-. PROPOSED ANNEXATION NO,, 316 TO THE CITY OF EL MONTE City Clerk, Mr, Flotten., PROPOSED SOUTHERLY ANNEXATIONS NO, 48 AND 49 TO THE CITY OF AZUSA City Clerk, Mr,, Flotten° Page_Thirty®Eight I think that's a good.suggestion, This is for your information,, This is for your information,, TREASURER'S REPORT Motion by Councilman Towner, seconded by Councilman Heath ..and carried, that the Treasurer's report for the month of February, 1963, be accepted and filed,, MAYOR'S REPORTS WATER QUESTION Mayor Barnes-. I have a letter from the Metro- politan Water District,, (So read by Mr, Flotten,,) I would "L.ike to have this spread in the Minutes,, "Honorable Claude L. Barnes Mar 20 1963 Mayor of the City of West Covina City Hall West Covina, California Dear Mayor Barnes, Referring to your letter of December 12, 1962, addressed to the Board of Directors of the Metropolitan Water District, re- questing an extension of time within which the City of West Covina could be annexed to the Metropolitan Water District pursuant to the historical method of computing annexation charges, the Board referred this matter to its staff for a report, but the delay principally has been due tc the pending election in the Upper San Gabriel Valley Municipal Water'Districto This occurred on March 12, so that the way is nov, open to discuss not only the historical meth- od of annexation :but all of the other problems connected with the possible annexation of those portions of your City, not already in Metropolitan by virtue of being in Pomona Valley Municipal Water District or Upper San Gabriel Valley Municipal Water District (here- in referred to as "remaining portion"), to the Upper San Gabriel Valley Municipal Water District and to the Metropolitan Water District. IRM Co Co 3/25/63 WATER QUESTION - Continued Page Thirty -Nine Ltr from The Metropolitan Water District - Continued-, "These terms, as stated herein, are submitted to you on an in- formal basis on the stated conditions that they are strictly in- formal and tentative only and are in no way to be considered a promise or a pledge by or binding upon the Metropolitan Water District, its Board of Directors or any member thereof or Metro- politan's staff, Such terms and conditions to be binding must be formalized by further action of the Board of Directors. The following list is not complete but does outline terms and con- ditions of a proposed annexation. "lo If your city contemplates annexing territory outside of the boundaries of the Pomona Valley District or the Upper San Gabriel Valley District, such territory should be annexed to your city prior to initiating the annexation of its "remaining portion" to the Upper San Gabriel Valley Municipal Water District and to Metropolitan. All pending proceedings by which territory is proposed to be annexed to the corporate area of your city and any other annexation proceedings which may be contemplated must be completed prior to the adoption of the resolution of your city requesting consent to the annexation of its ','remaining portion" to the Upper San Gabriel Valley Municipal Water District and to Metropolitan. Following the commencement of proceedings for such annexation no further annexation proceedings can be commenced or prosecuted by your city until after completion or termination of the proceedings for annexation to the Metropolitan Water District. Your city must make its own arrangements with the Upper San Gabriel Valley Municipal Water District and secure and comply with its terms of annexation. 112. Calculation of Metropolitan's annexation charge on the historical basis necessitates the furnishing of past assessed valuations, certified by an agency satisfactory to Metropolitan's Board of Directors, of the annexing area for selected fiscal years. In the case of the West Covina area, these years probably would include 1929-30, 1935-36, 1946-47, 1952-53, 1955-56, 1958-59, and 1962-63. Until these valuations are available, the precise calculation of the annexation charge on the historical basis is of course impossible. Application of the Carroll formula to the West Covina area, on the basis of the 1962-63 assessed valuations, would produce an annexation charge approximating $4,568,0,00 for cash payment, or $7,925,000 amortized over thirty years. It ap- pears reasonable to anticipate that corresponding figures calcu- lated on the historical basis would be substantially less. 113, All feeder pipelines, structures, connections, and other facilities required for the delivery of water to the annexing area, from works owned and operated by Metropolitan, would have to be constructed, provided, and installed without cost or expense to Metropolitan. This would be consistent with Metropolitan's Resolu- tion No. 4249, adopted July 14, 1953, which states, '...that it be declared to be the intent of this Board that all future annexations • to the Metropolitan Water District,be based on the principle that this District shall not be obligated to provide additional works or facilities, necessitated by such future annexations, for the delivery of water from works owned, and operated by the District'. "You will note from the foregoing three items that no men- tion has been made as to the time element. The determination of the time element can best be handled by further discussion of the problem and determination of periods, if any, needed to complete the steps necessary in Item No. 1 and preparing for and calling an election. -39- , C. C. 3/25/63 WATER QUESTION - Continued Ltr from the Metropolitan Water; District - Continued-, Page Forty • "In paragraph No,, 2 above reference is made to the so-called historic method, the application of which was expected to end as of April 1, 1963. I think it would be helpful" to insure•a con- tinuation of such terms, if your City Council could -give an in- formal expression by April 5 of whether or not the above terms Are such that you could recommend them to the voters of your city. For this reason it is suggested that we have two conferences, each beginning at 10:30 a.m., on March 27 and on April 3,, Even if only a few of your Council and city officials were able to attend the meeting of March 27, a preliminary discussion could be had. Then a confirmatory meeting could be held on April 3, so that there would be time for a review of the subject by your group. In anticipation of this meeting, members of our Executive Committee and other Direc- tors have agreed to attend both the meetings of March 27'and April 3. I personally will be present at both meetings, as will Messrs. Skinner, Carroll and Cooper. By these conferences all features of the foregoing terms can be fully discussed, "The legal sufficiency of, a proceeding for the concurrent annexation to Upper San Gabriel Valley Municipal Water District and to Metropolitan of the portion of the corporate area of your city not now in Metropolitan would be the basic responsibility of the Upper San Gabriel Valley Municipal Water District And "its counsel, but would be subject to the review and approval of Met- ropolitan's General Counsel. "Joseph Jensen, Chairman • "cc-, Councilman Heath" Mr,, Aiassa-, our Sanitation Representative, on the 27th the Pickering sewer project is coming up and he should get out there and support the developer, Mayor Barnes-, If you will send copies of that letter to everyone I think they can review it before they go to the meeting on the 27tho I may be able to make the second one, Councilman heath-, If I am going to handle it, I have quite a few questions,, Councilman Jett-, i I think as many of us as possible should goo I would like to have Mr. Williams there. Mr,, Williams-, I think I can make it,, Councilman Towner-, one thing Mr. Williams would be familiar with would be the nego- tiations with the other cities that would be trying to see what . they can give along the same lines. That information may be help- ful to us. I would like to raise some questions myself. First, on these annexations to the City,:whether some formula.might be worked out there that we can continue with annexations that come up while this proceeding is pending,, Secondly, I think we should determine whether the years set out in his letter are favorable to us or whe- ther some other arrangement might make a difference on this histor- ical formula. Third, where will they commit themselves to deliver the water? Where do we Pick it up? -40 - 0 C7 Co C. 3/25/63 MAYOR'S REPORTS - Continued Councilman Heath., Mayor Barneso Councilman Heatho City Manager, Mr,, Aiassa., PETITION RE PAVING CONTRACTOR OPERATING IN A RESIDENTIAL AREA Page Forty -One Mro Montgomery recommends we go to Pomona,.and.Mr. Jensen...t.ells me the cost will be -the same. I think, if possible,..we should all attend.this.meetinga I would like.to.ask for a transcripto Maybe I could have_a good staff man take notes. Mayor Barnes., I have a protest here this evening signed -by nine.property owners against a paving contractor operating in a residential area. He. has ads in the paper with his telephone number on it operating a paving company. (Read said petition.) Two gentlemen. I.understand were operating a paving company out of a home. If we start this in our City we can expect most anything. Personally.I think this is.a very bad policy. I feel we would get a great deal of objection and I think these people are perfectly within their^ rights and I think Mr. Aiassa and the staff should be instructed by the Council to investigate this and to take some action to prevent this contractor working out of a home with trucks parking in the front yard and in driveways and what have you. Councilman Towner., Councilman Heath., City Manager, Mr. Aiassa., FRANK BOWKER'S PROPERTY I agree. I_.think it's administrative. We'll have a report for you on the Bth. City Managers Mr,, Aiassa., It will be between fifteen and eighteen hundred for an appraisal of his property, take all or take part and I told him.to proceed subject to tonight's meeting. Councilman Heath: City Manager, Mr,, Aiassa< -41- Did we get bids from other appraisers? I have a breakdown of other appraisers which is also on my agenda. I.- i_=,,. C. C. 3/25/63 Page Forty -Two MAYOR'S REPORTS Continued • Councilman Towner: A bonafide appraiser.won.'t give you bids on how much he will appraise property for and I think it is contrary to their.code of ethics, • • Councilman Jett: I don't think so.o..,.I think they will give you their rates and quotes, I think it behooves the City to get the best deal -we can. City Manager, Mr, Aiassa: I think you should handle this like you did with the architects and interview them one right after the other and talk to them, Councilman Towner: I don't think you -can use competitive bidding on these bonafide appraisers, What you do is get an estimate_of..cost from the man. He will tell you how much his estimate is, how much:it...•will cost you on this appraisal but he bills you on his actual cost, City Manager, Mr, Aiassa: If you do establish one or two good appraisers, many -times they'll give you -off -cuff estimates on things that don.°t cause a survey, If you bid them all the time, some of these things.aregoing nickel you to death, Councilman Heath: I think we ought to move it around a little bit and if we don't go for competitive bid at least move it around a little bit among other appraisers, City Manager, Mr, Aiassa: Mayor Barnes: asking is for us to do something, I would like you.to select three and we can go from there, I think we have stalled Mr, Bowker long enough, All he.is Motion by Councilman Towner, seconded by Councilman Snyder,, and carried, to authorize the,City Manager to proceed with obtaining appraisals,on the Bowker property, Councilman Snyder: I think we should get moving on this one but I do think we should have some names for the next time, GALSTER DEED Mayor Barnes: We have a revision of the Gal- ster Deed. City Attorney, Mr, Williams: I have sent the last page to him. I guess the next question is whether or not it is satisfactory to the City and if it is, he'll execute it and transmit it, His attorney has approved it; the title insurance and trust company would accept it, -42- :7 U Co Co 3-25-63 GALSTER DEED - Continued Councilman Towner: I think the and I think derful gift. Page Forty -Three deed -is well drawn the gift is a won - Motion by Councilman Towner, seconded by Councilman Jett, and carried, to accept the Galster deed as drafted. JOHNSON'S DONATION Mayor Barnes: A week ago the Council instructed me to contact Mr. Johnson, which I did. (Passed copies of report to Council and read same,) Mr. Johnson signed this, Councilman Heath: Can we ask the City Manager why he suggested that he resign from the Highways Committee? Mr, Aiassa: Mr. Johnson has four° contracts, one contract he is jointly working with two other private engineers which is Adams and Ells and Mr. Ted Walsh and Associates and he is the liaison and he is directly responsible to m He has a special contract for special assessment districts. He just got an H.H.F.A. contract for three major storm drains and he has an agreement that he has the only agreement that he is the consultant engineer which he directly ties into the City and places himself in line with my office. (City Manager read directly from contract-) 'Section 3. Said employment shall consist of administrative and engineering consultation and advice to the City Manager and of creating, developing, providing cost estimates and completing intergovernmental engineering projects and con- struction projects of benefit to the City, using the City staff forces for detail work, as requested by, in coordin- ation with and under the approval of the City Manager. These projects may include Freeway, Street and Highway, Storm Drain, Building, Sewer, Wash, Bridge, and Federal Public Works Projects. "Section 5. In consideration for his additional services under this Agreement, the City agrees to pay to Johnson the sum of $12.50 per hour for the first thirty-two hours and the sum of $9.00 per hour for each hour over thirty-two devoted to said work during any calendar month, plus reim- bursement of any extraordinary or reasonable expenses incurred by him in the performance of his duties hereunder. "Section 6. It is understood that the engineering projects negotiated under this section would include only those projects which it is not feasible for the City forces to do because of lack of time or staff to complete said projects, "Section 70. Johnson shall not, either during the term of • his employment or at any time thereafter, disclose to any person, firm or corporation any information concerning the business or affairs of the: City which he may have acquired in the course of or as incidental to his employment hereunder for his own benefit or to the detriment or intended or probable detriment of the City, 99 -43- C.. C.o 3/25/63 Page Forty -Four JOHNSOW S DONATION - Continued Mr, Aiassa - Continued: I think the Council,is in viola- tion of this contract by granting Mr. Victor Gruen a contract.'''I' told him that we had a contract with -the -'Chamber of Commerce and -we have a contract with you and he is directly tied -in with the City Manager's Office by this contract and I said, "You be the judge"o Councilman Snyder: I wouldn't suggest you carry this any further, Councilman Heath: I am on the same level as you and I can request anything further, Councilman Snyder. If you carry this further you're going to bring out a personality that is absolutely necessary. It has been resolved and nobody has been hurt. Why carry it on? Councilman Heath: I think the City has been hurt be- cause he can be a valuable asset to the Chamber of Commerce Highway Study as he has been to the City. I don't see anything in that that conflicts with what he was doing with the Chamber, Mr, Aiassa: I have no objections if the Council •would relieve me of this contract. I think it puts me in a very awkward positions it is very clear in my language of any implication. Suppose something of a political nature happens. He is tied into my office. Frankly, I don't like to be in that awkward positions I would like to reiterate that I checked with Mr. Tambe to find out what some of the agenda items were after all this happened and I would like to specifically state in the Minutes that I have never received a copy of any of these Johnson letters that are floating. all.. -over the City and some go as high as the Governor -of California where I was implicated and I didn't even know what was going on. I have one thing that I do want this to go into the record. I have a letter from Mr. Johnson and I think our relationship has been very clear and very professional and I would like to read this to the Council, (Read said letter dated August 15, 1962, directed to Mr. Aiassa regarding revision in the rates for services by Harold Johnson.) "August 15, 1962 "Mr, George Aiassa, City Manager City of .West Covina 1444 West Garvey Avenue West Covina, California Dear George: • With reference to my letter requesting a revision in the rates for the Contract by and between the City of West Covina and Harold Lo Johnson for providing certain engineering and sur- veying services to the City of West Covina, I wish to add these further remarks.. This request is caused by the change in a Master Agreement with the Operating Engineers. -44- Co Co 3-25-63 Page Forty -Five JOHNSON'S DONATION - Continued Ltr from Harold Johnson - Continued-, • "Friday I stated that I proposed the reduction of my retainer for the reason that I have found over the past year that I have been used less and less for the purpose of the retainer. This means that I have less expense than in the past. The original purposes of the retainer were to maintain confidential matters of the City of West Covina and to furnish certain paper .work, letters, tele- phone and other conferences for the City. In fact this figure may be reduced more if you desire, but I do believe my integrity and my interest in the welfare of the City is worth $25.00 a month. Also you will notice that I did suggest rates for my personal-sei- vices at a lesser amount, I now propose that we revise the charge for my personal services to agree with the Engineer rate proposal of $9.25 per hour. As you and your staff have done such an ex- cellent job in the last year I propose this as I know I will no longer be used for the type of service intended in the original Contract. Consequently, my time may not be worth as much per hour to the City of West Covina as it was two and three years ago. "It has been a pleasure to work these many years for your City and I know that it has been a mutually'beneficial arrangement, I know that it can continue to be. "Will you kindly submit the revised proposal to the City Council for approval. •"Respectfully submitted, Harold L. Johnson Engineering cc-, City Council" Councilman Heath; There must be some kind of a per- sonal battle going on here. I have pointed out to this Council on a number of occasions the efficient coop- eration and excellent job that the Covina Chamber of Commerce performs and they do it.because they have cooperation and every man is dedicated and every man is doing his best. Mr. Tambe is trying to do the same thing and I think if they leave him alone he will be able to�do it. If he can't have the experts to work with him and the support, our City will go backwards and I would like to see it progress. I think taking Mr. Johnson off of that committee was a blow because I don't think there is anyone that has the background and experience on highways and so forth that he has, Councilman Snyder-, I didn't wish to pursue this be- cause I feel it's distasteful, but in the first place, obviously, Mr. Aiassa had a perfect right to sug- gest to Mr. Johnson to not stay on this committee if Mr. Aiassa felt that he couldn't best serve the City on this committee. It is a mat- ter of opinion, Mr. Johnson did not have to resign from this committee. He was not forced from this committee as he has implied in several let- ters. He has blown this thing of al proportion. He has sent letters to the Chamber implying that there was undue pressure put upon him by the City. He has sent letters to Milton Brewogel with copies to all sorts of people and I would like you to hear the letter of March 20, .1963 to the City Manager regarding this matter from Mr, Johnson. (So read,) This sounds to me like a very immature letter and I think Mr. Johnson's usefulness to the City of West Covina has come to an end. I have nothing but regard for Mr. Johnson on other levels but obviously he cannot best serve the City with this attitude. If you like, I will read the rest of the letter; it will sound just as bad, Councilman Heath-, Do you know if he is lying or telling the truth? -45- Co Co 3/25/63 Page Forty -Six MAYOR'S REPORTS - continued Councilman Towner2 The question is whether or not a man can serve two masters and Ithink the old Biblical admonition still holds true, that you cannot. • Mr. Johnson does have private clients and his contract with'th6 City as a City employee under the direction of the City Manager provides that there be no disclosure to private clients of City business, I think it is unfortunate that Mr. Johnson is in this position where he is subject to having to choose between one master or the other. I think he is an excellent engineer And has served the City well. I think it is unfortunate that this thing has blown up in this fashion but I think on the basis of what I have heard that Mr. Johnson should now make his choice as to whether he is going to serve the City of West Covina as consulting engineer under this contract or serve his private interests. Mayor Barnes-, By the same token, are you sug- gesting that Mr. Dosh give up the East San Gabriel Valley Plan- ning because he works for the City? I Councilman Towner-, Mr. Dosh doesn't serve any private clients on whom he depends for his pay. Councilman Jett: I don't think the City Manager has any business whatsoever telling any member of a committee of the Chamber of Commercey which is an organization representing businessmen in the City, that he has any right or any business telling any member of those committees what to do or what not to do or suggesting it. True, we have a contract with the Chamber of Commerce and I have said this in the past, that the Chamber of Commerce is getting pretty deep into the political situation in the City and the way it is becoming involved, In my opinion there is not a more capable or compe- tent man to fill the position as Chairman of the Highways and Transporta- tion Committee by virtue of his past experience and knowledge. I want to commend Harold Johnson on his past work for the City. I think he did a tremendous service having set up some of our highways, our flood controls, and I think he is an invaluable man to this City today.. I think the City Manager should be instructed that in the future he is to refrain away from dictating any policy of the Chamber of Commerce. Mayor Barnes. I feel in my own estimation and I know Mr. Aiassa probably feels the same way, that Mr. Johnson's information and contacts have been invaluable to Mr. Aiassa and the City of West Covina in the past. I hate very much to see a committee of this type get so political and so controversial that a man with the knowledge and the contacts of Mr. Johnson can be informed that he can't be on a committee. I feel that he would be of great benefit And I think if we can benefit from a committee of this type for the City of -West Covina, professional jealousy should stay out of it. I believe that if we intend to progress as a Council and as a City that we have to do the best possible job for the City, not the best possible job for any one man. Let's try to help the Chamber. • I would like to see -a representative of the Council and staff at Cham- ber meetings. Co Co 3/25/63 Page Forty-seven MAYOR'S REPORTS - Continued 0 Councilman Snyder: I think if Mr, Johnson was the man you say he is if he.felt he should stay on the Chamber there was no law that. said he. had to get off the committee He could have stayed on this committee,_ It was only a suggestion,, He should have kept his mouth shuto Instead he chose to make a political vendetta out of it by sending all these letters around climaxed by this purely immature letter,,. I didn't want to go into this because I felt I didn't want to make these statements,, I feel ,Mr,, Johnson is of -no further use to the City, Councilman Heath: If we start to take out persona- lites or take out vengeance due to a personal battle, I think we ought to stop it. Councilman Snyder: I think the Mayor, as long as he is investigating, should have investigated the motives behind this,, Mayor Barnes: This wasn't my instruction. Councilman Towner: I think it all boils down to Mr. Johnson's.choice of who he is going to serve, DEMANDS Motion by Councilman Towner seconded by Councilman Heath, to approve demands totalling $354,987,,69 as listed on demand sheets B125 and .C293 through C295,, This total includes fund transfers of $73,373,,83 and bank transfers of $759000,00o Also funds including time deposits of $150,000,,00, 'Motion passed on roll call as follows: Ayes-, Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes : None Absent: None There being no further business, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that this meeting be adjourned at 12-,45 A,,Mo to April 1, 1963 at 7.30 P,M. APPROVED • Mayor ATTEST-, C1fy7U1erk -47-