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04-08-1963 - Regular Meeting - Minutest MINUTES OF 11"EE REGULAR MEETING F THE CITY COUNCIL CITY OF WEST COV'INA, CALIFORNIA April 8, 1963 The regular meeting of the City Council was called to order by Mayor Barnes at 7:50 P.M. in the West Covina City Hall. The Pledge of Allegiance was led by Councilman Heath. The invocation was given by City Clerk Robert Flotten. R.M.T. CAT,T. Present: Mayor Barnes, Councilmen Heath, Snyder Absent: Councilmen Jett, Towner Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Harry C. Williams, City Attorney Mr. Thomas Dosh, Public Services Director Mr. William Radig, Planning Department APPROVAL OF MINUTES February 11, 1963 - Approved as submitted as follows: Motion by Councilman Heath, seconded by Councilman Snyder that the minutes of February 11, 1963 be approved as submitted. February 25, 1963 - Approved as submitted as follows: Motion by Councilman Snyder, seconded by Councilman Heath that the minutes of February 25, 1963 be approved as submitted. CITY CLERK'S REPORTS ZONE CHANGE NO. 253 LOCATION: Between Vincent and Henry E. Vagt & Robert L. Brooks Maplewood and between HELD OVER Garvey and Greendale Letter of April 1, 1963 was read from applicant R. L. Brooks requesting this matter be held over for six months. Mayor Barnes: Mr. Williams, can a postponement of this type be postponed for six mon.ths or do we have to carry it over frt'ni meeting to meeting or could we grant this? Mr. Williams: If you would grant this, you would have to set a date and adjourn to that time. There is nothing in the law that actually says this in so many words but I think it is customary that if anything is granted for such a long ti- me it is granted on condition that the hearing be publicized by published notice again before it comes up; in effect it simply goes off calendar and will be reset at a later date and renoticed at a later date. It would probably be reasonable to expect the applicant of such a thing to pay the cost of publication. The code says the Council shall decide within forty days after the hearing is closed. There is no legal restriction against you doing this. The thing that would bother me is whether there is due process in notice'to people interested unless you readvertise. k v C. C. 4-8-63 ZC 253 - Continued Page Two Robert Ebiner, attorney for those in opposition to this Zone Change No. 253, many of whom were present, stated that he wished to present his case tonight in opposition, that the matter of deed restrictions should be resolved and that many of his clients were present because this hearing was advertised and they were notified that this matter was coming up tonight. We have petitions to present. Legal action is pending. Councilman Heath: For a point of information, Mr. City Attorney, there is no action that the Council could take to eliminate these deed restrictions, is there? Mr. Williams: I don't know of any action you could take to eliminate them. The Council is not bound by these restrictions nor bound to honor them. Otherwise by contract and restriction private people could zone. However, the deed restrictions are a factor that you could take into consideration in a request for rezoning. I gather from what Mr. Ebiner has said that these same deed restrictions also applied to the service station property. Councilman Heath: As I understand it, Mr. City Attorney, we would act on zoning andthe deed. restrictions might have some weight in our decision. Suppose the case was given where the zoning was granted and this was against the deed restrictions and the building was started. It would not.be the City's responsibility to stop the construction, it would be the responsibility of other people in the tract to stop the construction. Mr. Williams: That is correct. The City has no responsibility for the en- forcement of the deed restrictions unless the City itself were engaged in the building on our own property within the restricted tract. Mayor Barnes: Mr. Williams, I would like to let the records show that this is the first time I've heard this evidence or even brought to our mind that there was a.deed restriction on the other property. I had never heard this before when the applicant was before us. Mr. Williams: There may be some answer to it. I have never heard of it officially yet. Councilman Snyder: Getting back to the main question as to whether we should extend this, I think there has been some considerable discussion regarding it and I in some ways think it would be unfair to the applicant to allow him to extend it. I feel that unless he gives a more specific reason for a six months extension than he has given in the letter then it should come up tonight. Mayor Barnes: Why do you feel it is unfair to the applicant? Councilman Snyder: Because the opposition has given considerable testimony on this matter before it has even come before us. Mayor Barnes: I don't feel this is testimony.. I feel this.is information that we have asked for from the attorney. -2- a C. C. 4-8-63 Page Three ZC NO. 253 - Continued Councilmnn Snyder: I would be in favor, Mr. Mayor, of granting the six months exten- Sion of time in hopes that the problem can be resolved one.way or the other before the six months is up. Mayor Barnes: Did you also ask that the applicant refile or does he just renotify? Motion by Councilman Heath, seconded by Councilman Snyder that this be put off for six months and that the applicant be charged with renotifying, readvertising, should he decide to carry out this hearing six months from now. Ayes: Councilmen Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Mayor Barnes: The date will be set for October 14, 1963. Did you get that Mr. Ebiner? Mr. Ebiner: May the records show that I re- quest that 3fficial notice be given my of f ice at the same time along with the other home owners. ZONE CHANGE NO. 252 LOCATION: Northeasterly terminus PRECISE PLAN NO. 355 Sawyer Avenue and Wal- Kingsbury Manor nut Creek Wash. Letter of April 8, 1963 was read from applicant Graham Ritchie re- questing continuance to April 22, 1963. MaycrBarnes: Is there any reason.why we should continue this for another two weeks allowing this gentleman time to draw alternate plans? The fact that we have only three council members it might be a good idea, Mr. Williams: The precise plan is set with it so I presume you would continue both. Motion by Councilman Heath and seconded by Councilman Snyder that Zone Change No. 252 and Precise Plan No. 355 be postponed until April 22, 1963. Ayes: Councilmen Heath, Noes: None Absent: Councilmen Jett, Snyder, Mayor Barnes Towner -3- • 0 C. C. 4-8-63 SCHEDULED MATTERS BIDS PURCHASE OF POLICE TWO-WAY RADIO COMMUNICATIONS EQUIPMENT The bids were received as follows: Purchase Maintenance Mobile Service (all gear) Mobile Service (Motorolas only) Motorola $ 2,999.36 Page Four Bids opened -in the off ice -'of the City Clerk as advertised'on March 21, 1963, at 10:00 A.M. and refer-' red to the director of Finance for report to the Council. $6 per unit per month $6 per unit per month G. E.. , $ 2,283684 $8.50 per unit per month, G. E. Service (G. E.°s only) - - - - - $6.50 per unit per month Mr. Flottene The Council will recall at the previous meeting we read the bids to the Council and it was suggested that this matter be held over pending a full report from the Civil Defense Department. We now have a report from the Director of Finance as follows: "Memo to: City Manager "From: Director of Finance "Subject; Recommendation on Bid re: Radio Equipment "Approval of the bid of Motorola is recommended because of the reasons advanced by the Police and Civil Defense Departments in their memos on this matter. The primary reason Motorola°s bid is recommended over the lower bid of G.E. is that all of our present mobile units are Motorolas. Therefore, purchase of motorola radios would be more economical in the long run, thus making the Motorola bid the most favorable. I am cer- tain that authority exists to pass over the low G. E. bid since the City in its notice to bid specifically reserved the right to reject 'any or all bids' in the interest of the City. "Please note that there is budgeted $1600, in the Police Budget for these radios. The Motorola bid of $2,999.36 less Federal matching funds of $1,098.00, or a total of $1900.36, an over- run of $390.00. "Respectfully, James Kay, Jr." Mr. Aiassao I think the only questionable 10 item of concern here is that originally we budget for only two units and we are actually acquiring four with almost the same amount of money. The only difference is $390.00 and with the recommendation from the Finance Officer I think we ought to authorize the purchase of Motorola Units and obtain the $390.00 from the unappropriated reserve. -4- 0 • • C. C. 4-8-63 TWO -AWAY RADIO COMMUNICATIONS - Cont°d. Page Five Councilman Heath: Mr. City Attorney, as I under- stAndiit, we are -not taking' the lowest bid here.' Are we permitted to do this? Mr. Williams: This is not an'item that is re- quired to be left -'to the lowest bidder by state law. I understand also, this is police equipment and not Civil Defense and therefore not regulated by Federal Law. There -- is nothing but your own purchasing ordinance that regulates this situ ation and you have the power and your descretion to'waive the provisions of that ordinance and you can.if you feel that the public welfare is' promoted by it, accept the higher bid under our purchasing ordinance. Councilman Heath: Is this matching funds? Mr. Williams: Yes. Councilman Heath: These are matching funds Federal money. Mr. Williams: I°m not aware in what the Federal regulation might prescribe.. The Federal regulations on Civil Defense requires that bid be awarded to the lowest responsible bidder. Certainly General Electric is a respon- sible bidder, I"would think. I don't know whether that provision ap- plies to matching funds or not, I do know it applies to Civil Defense purchasing. Councilman Heath: I don't see how we can do any- thing, Mr. Mayor, until we get legal advise on this. Legally, if we can take the second lowest bidder and do it legally, I think this is what we should do but our City Attorney can't advise us. Therefore, I think we should wait until next Monday night if we have an adjourned meeting at that time before we make this award. Mayor Barnes: Mr. Aiassa, what was the dif- ference in the price of the two bids? Mr. Aiassa: If Motorola bid is selected, the purchase price would be approximately $715.52 higher than the G.E. bid and we will be reim- bursed $1,098. (1/2 of the G.E.). Mrs. Boschoff has contacted the Federal agent and the only stipulation that she advised me is that the Federal Government would only match 50% of low responsible bid so then we would have to pick up the difference. In other words, the Federal Government would only match the G.E. bid and we would have to pay the difference between the G.E. bid and,the Motorola. Mayor Barnes: I°m inclined to agree with Councilman Heath that we should hold this over and give this a little more thought. Mr. Aiassa: Mrs. Boschoff has contracted the Federal Representative and this is the information. If you want to, you can have us proceed subject to City Attorney°s approval. Mr. Williams: That will answer the legal question, as far as I°m concerned. - 5- R C. C. 4-8-63 Page Six TWO-WAY RADIO COMMUNICATIONS - Continued: Motion by. Councilman Snyder,`seconded by Councilman Heath the bid for the two-way communications equipment of Motorola Communication Corp. be accepted in the amount of $2,999.36 and that the unsuccessful bid bonds be returned, subject to City Attorney approval. PROJECT C-171 LOCATION: East side of Sunset. Street Improvements Avenue, north of Ser- vice Avenue Bids opened in the office of the City Clerk on April 4, 1963, at 10:00 A.M. and referred to the City Engineer for report to Council. The bids were received as follows: Jasper M. Haley $ 3,324.30 Sulley Miller 3.487.61 D & W Paving 3,899.49 Agregate Construction 4,094.34 Mr. Flotten: It is the recommendation of the Engineering Department that the contract for City project C-171 be awarded to the firm of Jasper M. Haley on the basis of his low bid in the amount of $3,324.30. Mayor Barnes: Mr. Aiassa, I was wondering why this went over the engineer esti- mate by 27%. Mr. Dosh: First of all, this was the job that was brought to the Council in which we thought we may take formal bids but it so happens to be fixed participation funds in the amount of $10 or $15 from Mohnike, which did raise the cost. That and the fact that we only had four bids,grant that had something to do with it. We had sufficient funds completely to cover this but we simply estimated the job to be a little lower is all. I think on a smaller job, this is more likely to happen'. Mayor Barnes: I thought perhaps there might. have been some difficulties by the bidders. Councilman Heath: You don't mean on seal bids that the number of bidders has a bearing on the amount they bid. Mr.. Dosh: No, but the law of average is the more bids you get, the better your bids will be. Motion by Councilman Heath, seconded by Councilman Snyder that the contract for Project C-171 be awarded to Jasper M. Haley Company in the amount of $3,324.30 and the bid bonds be returned to the unsuc- cessful bidders. Ayes: Councilmen Heath, Noes: None Absent: Councilmen Jett, Snyder, Mayor Barnes Towner ffm a C. C. 4-8-63 Page Seven PROJECT C-198 LOCATION: East side of Glendora Street Improvements Avenue, south side of Cameron Avenue Bids opened in the office of the City Clerk.on April 4, 1963 at 10:00 A. M. and referred to the City Engineer for report to Council. The bids were received as follows: Sulley Miller $ 3,359.36 Jasper N. Haley 3,587.10 D & W Paving Company 3,999.45 Agregate Construction Company 4,076.60 Mr. Flotten: It is the recommendation of the City Engineer that the City's project No. C-198 be awarded to the firm of Sulley Miller Contracting Company on the basis of their low bid in the amount of $3,359.36. Motion by Councilman Heath, seconded by Councilman Snyder that the contract for Project No. C-198 be awarded to Sulley Miller Contracting Company in the amount of $3,359.36 and the bid bonds be returned to the unsuccessful bidders. Mayor Barnes: Mr. Aiassa, on the last item just approved, there was $652.00 parti- cipation funds from Mr. Barker available for this project. City Council has never indicated what manner they wished to finance the remainder of this project. In the recent past, the City Council has seen fit to aa- propiate capital outlay for certain unbudgeted projects such as this one. What is your suggestion, Mr. Aiassa? Mr. Aiassa: I think it is an unfair expenditure of capital outlay funds. I think the Engineering Office is doing a little sandbagging. Councilman Heath: What is the problem? We don't have the money or we do have money or they're in the capital outlay funds or what? Where are we going to get the money from? Mr. Aiassa: The staff has wanted the Council to read their report and indication of their report, they don't have the money. Now I would like to suggest that this matter be held over until April 15th. Mayor Barnes: Mr. Aiassa: Mayor Barnes: Councilman Snyder: We've already voted on this matter, Mr. Aiassa. All but the financing. What is your pleasure, gentlemen? I think this might be a good idea to hold this over and see which fund we should take this out of. I don't think we should take it out ofcapital outlay without seeing if there is some other fund possible. I think we should go ahead with it. -7- C. Co 4-8-63 Page Eight PROJECT C-198 - Continued Mayor Barnes: Perhaps there is another fund like Gas Tax or Traffic Fund that we could take this money from, Councilman Heath: Is there any penalty or so forth on this contract? Mr. Dosh: I don't think so. I can answer a couple of questions for you. Mr. Kay informs me we are in the red in the Traffic Safety fund so there are no Traffic Safety Funds available. The Gas Tax Funds require State approval which we didn't ask for on this little job. It is too late to ask for Gas Tax money as this wasn't the intent, The same thing applies to County Aid money. The only way to obtain money would be to delete certain projects or a project or somehow. Now this could be done. In order to do that, we would have to go back and review which projects you want struct out. Otherwise, we have to take other funds. Councilman Heath: Councilman Snyder; Mayor Barnes: should have this information of this type and I feel that before it was even put on the Mr, Aiassa: Why does this thing come to us in this form of recommendation to go ahead and award the bid and we don't even know where the money is coming from? I think this is a job of the staff to find out before they bring it to us and bring it to us in a complete package. We did instruct the staff to elect the bids. I think even though we feel that this project is necessary that we prior to putting it on for a public hearing something should have been brought to mind agenda. fiscal year which can be delayed months left. The only think that days to figure which one. There are definite projects which we cannot complete this until 1963-64. We have only three I would like to do is to have five Councilman Heath- This seems rather a poor way to present this. How does the Council know they want to give this priority over the other projects which we are talking about abandoning. We may want these other pro- jects more than we want this one. But here we are to a point now where we have voted to award the contract. We don't have any money. Now we are going to go back and we are going to determine whether we want to give this priority over something else or whether we don't. Councilman Snyder: Councilman Heath: Didn't we pretty well determine that we wanted this when we told them to elect the bids? We weren't told about the fact that,we were going to have to decide priority at that time. 0 • • Co Ca 4-8-63 PROJECT C-198 - Continued Mayor Barnes: one'projecta But I suggest we hold though we have awarded the contract. Page Nine I think that we could goon and on this evening on -this this over until the 15th even Mr, Aiassa: As you know, the Council awarded $19,000.00 in unappropriated not budgeted items to Mr. Victor Gruen. Some of these items would have come out of this budget. We had to juggle our entire fiscal accounting"to accomodate these operations. Now this is an opinion of the staff on urgent Projects. The only thing at this moment I never anticipated such heavy expenditure we were committing on the capital outlay fund. I had $300,000.00 plus. Now I have less than $100,000.00 and at that time I would have been glad to recommend the $3,359.00 out of the cap- ital outlay if I had $300,000.00 remaining in it as it was. Mayor Barnes: Mr, Aiassa, are you saying that you recommend that this come out of capital outlay? Mr, Aiassa: I would rather have five days to review it and give you a recommendation. It may still be coming out of capital outlay. But I still think it is an urgent project and it should be done. It is a benefit to the whole City. Councilman Snyder: Mayor Barnes: I am ready to make a motion but should we rescind our.pre- vious action or leave it? Mr. Williams, do you feel that we should rescind our previous action and hold this over until we find out where the funds are coming from? Mr, Williams: I think that depends on what your wishes are. If you wish to have the work done and only want to hold over the question of where to transfer the funds from, you don't need to rescind the previous action. Mayor Barnes: Councilman Heath: I think we can come up with the $652.00. We need $2500.00. Councilman Snyder: I think that this project should go ahead and I think that we need to find the money. I move that the matter of financing Project C-198 be held over until the adjourned meeting of the 15tho Councilman Heath: Mr. Mayor, I can't second 0 this motion because I don't know what project we are going to have to cancel out, therefore, I would not second it. so C. C. 4-8-63 PROJECT C-198 - Continued: Page Ten Mayor Barnes: I take the prerogative of this chair and second this motion be- cause I want the benefit of knowing what Mr. Aiassa is coming up with. 0 However, I would recommend that in the future before any project is placed on the agenda that we have this information before hand'and it not be placed.on the agenda until there is,a discussion on the matter. Therefore, I ask for vote. Councilman Snyder: I make a motion against -this.. The motion is to hold the matter of the financing or acquisition of money for.Project C-198 be held over until the meeting of April 15th for report from staff. 0 Ayes: Councilman Snyder, Mayor Barnes Noes: Councilman Heath Absent: Councilmen Jett, Towner Councilman Heath: I would like to qualify my "no" by the fact that what I would rather see done is the motion awarding this contract recinded until we could find out the complete story as to where the money is going and what priorities we want to put on projects. Councilman Snyder: 1963 WEED ABATEMENT AND RUBBISH REMOVAL PROGRAM The bids were received as follows: I think it should .be said that we felt this was a priority pro- ject or we wouldn't have let the bids. Bids opened in the office of the office of the City Clerk on April 4, 1963 at 10:00 A.M. JOHN C. WARNER - Commercial Lot Cleaning bia_b_o_n7 Rubbish Hand 1st discing Subsequent Burning removal Cleaning Item 1) $ 7.00 $ 6.00 .004 sq.ft. 2) 10.00 8.00 " 3) 14.00 12.00 " 4) 12.00 11.00 it 5) 10.00 9.00 " 6) $5.00 7) 3e sq. ft. E & ,G ENGINEERS Bi Bon Item 1) 10.00 8000 .002 sq..ft. 2), 12.00 10.00 " 3) 14.00 12.00 " 4) 15.00 13.00 " 5) 14.00 12.00 6) 30.00 7) 3J sq.f t. -10- 0 C� Co Co 4-8-63 1963 WEED ABATEMENT - Continued: Bids - Continued Page Eleven P , I. HADDAN , JR o bid bondRubbish Hand 1st discing Subsequent Burning ;removal Cleaning Item 1) $10.00 2) 14.00 3) 17.00 4)' 20.00 5) 18 ; 00 6) 7) $ 8.00 2e sq, f t o 10.00 it 15.00 tv 19.00 t• 17.00 it $15.00 2J sq. fto Mayor Barnes: Before we review this, I would like to ask Mr. Aiassa a question. All previous years we have never bid this burning rubbish removal or hand" cleaning. This is the first year that I have seen it on the weed abate- ment program and I would like to ask who initiated this Weed Burning Rubbish removal and Hand Cleaning. I don't believe the Council has set a policy on this. Mr, Aiassa: I believe Mr. Dosh could answer that. The only question that came to mind is that there were several lots that actually needed cleaning of rubbish and debris and the City Departments would,like.to post it if there was some type of a medium or vehicle to remove it. Some of the property owners said they would like to have it cleaned and put on their tax bill but in'prior years we've never listed it in our bidding or our notices and we couldn't do.it unless it was a private undertaking. Mayor Barnes: This was my statement, Mr. Aiassa, and the statement was this: That I was wanting to know where the policy came from to do this because I don't believe the Council has ever asked that burning or rubbish re- moval or hand cleaning be put on the Weed Abatement Program, The only items we have ever been concerned with before, is first and second discings of parcels of property. Mr. Aiassa: The only question I can bring up was last year I think Mr. Pontow made a memo to the Council stating that we would have been able to do a much better clean-up in our Weed Abatement Program if we had taken care of the rubbish and the rest of the clean-up. Mayor Barnes: Yes, but I don't believe the Council acted.on this policy. Mr, Aiassa: I believe the staff was assuming to do a thorough job this year, Mr, Dosh: May I report to you, Mr. Mayor, about two months ago we made quite a thorough report. We each received copies in which we said we pro- pose to do this and why. There were no comments to the contrary, so we. proceeded on the basis of having a third phase of our program. Each individual can, if they wish eliminate this tumbleweed problem which we were talking about and take care of it themselves so it won't actually cost them money in'this program. The person only pays for what he gets disced or what he gets abated. That's the way it.works. This relieves the staff of going out and enforcing it with our Fire Regulations and Street Department. The person himself still Co Co 4-8-63 Page Twelve 1963 WEED ABATEMENT - Continued Mr, Dosh - Continued: has the same priviledge of getting a.disposal unit. At the same • time this relieves us of that serious problem of harrassing these people that if they don't pay it within a certain time a marked'* contractor takes care of it at'a certain price and`is"assessed'against them. I repeat, this is part of a report that we gave about'two'months ago. We did submit it to you on that basis and I just assume that this was accepted and we went ahead on that basis. Mayor Barnes: This is true. I remember the re- port, However, I don't believe At was brought up for Council dis- cussiono • Councilman Snyder: Mr. Dosh: Councilman Snyder: Mr, Aiassa: from the staff as follows: Does the owner have to have his rubbish removed? He is given time and notice that if it continues to be a fire hazard he will remove it. Is there any liability problem in removing it? Maybe a man doesn't consider it rubbish. This is far fetched but I think it is a good point. I would like to advise the Council on March 7, 1963 there was a report "The Engineering Department is preparing to proceed with the 1963 Weed and Rubbish Abatement Program, This year's program will in- clude several methods of Weed Abatement and specification now previously tried. Acception of the specification will be written to cover the burning of weeds and consideration be given to the use of spraying for the control of weeds in different areas. Again this year's consideration will be given to the removal of rubbish on some of the problem lots. Special supervision of all phases of .work will be given by street department personnel. The persons assigned to inspect this work will exercise proper control over the rubbish removal and any burning that might be necessary. Property owners will be given every opportunity to clean up weeds and rubbish prior to our contract moving in and we will make every effort to keep the cost at a minimum. You are tentatively scheduling the 1963 Weed and Rubbish Program as follows: "l. Decl.are the Weeds and Rubbish by Resolution at the Meeting of March 11, 1963. 112. Publish and request the bids March 21, 1963 and March 28, 1963. • 113. Receive bids not later than 10:00 A.M. March 4, 1963. 114. Protest hearing award contract on April 8, 1963," In answer to Councilman Snyder's .question, I believe, if there is any valuable lumber, etc. I think the only thing we will do is to give them a different notice, at least not to be a fire hazard. Now we do have one or two locations and I believe it came to our attention last year in the old center where this -12- • 11 Co C. 4-8-63 Page Thirteen 1963 WEED ABATEMENT - Continued Mr, Aiassa - Continued: man stored inflammable material adjoining and endangering a neighbor property, It was quite a legal proceeding for the Fire Department to post that property. Mayor Barnes: I think this is very welly I agree that we received a notice, but I don't believe the Council has set a policy regarding these items. I would like to know how the Council feels about this. Councilmar. Snydex: I have a question adding these to the cost for burning because I think this could run into some additional cost later on and I am speaking around budget time, perhaps. Councilman Heath: I have a question, Mr. Mayor, for a point of clarification. It says here that this low bidder has bid $5 for rubbish removal. Now, if this $5 isn't going to be for every lot, this is true, It is going to be for some lots. Where you draw the line, I don't know. Does this mean that if a man has a lot that is loaded up with old limbs and barks of trees, etc. that he gets that whole lot cleaned off for $5? Mr, Dosh: I'd have to refer to the specifi- cations to answer that question, Councilman Heath: The man bid it and evidently bid it with his eyes opens It is a firm bid, We might just as well award the bid. Motion by Councilman Heath, seconded by Councilman Snyder that the 1963 Weed Abatement and Rubbish Removal contract be awarded to the Commercial Lot Cleaning Company on the basis of their low bid in the amount of $6,185. and the bid bond be returned to the unsuccessful bidders. Ayes: Councilmen Snyder, Heath, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Councilman Heath: Mr, Dosh: Mayor Barnes: and notice to the Council should be matter in the future. Does this mean that every lot in the City that has weeds on it and rubbish on it will be cleaned out for $6,000? There is 350 parcels altogether, I think. It averages out about $20 a parcel. Some are much smaller,. some are more and some less. It depends upon the size and the amount of work involved, Mr. Aiassa, I feel that anything like this that comes up by letter brought before them for a policy Mr, Aiassa: I would like to get a clarifica- tion. I think, if my memory is correct, you allowed this on a lump sum and the actual bid notice was bid on a.unit item: I;think that -whoever made the.motion would con.!, - our on this, the minutes.should show,.the correct wording as the bid notice had. -13- • • Co C. 4-8-63 1963 WEED ABATEMENT - Continued Councilman Snyder: Mr. Aiassa: a unit value. Each item was bid this outliner exhibit sheet that Mr. Dosh: Mr. Aiassa: Mayor Barnes: Mr, Aiassa: Mayor Barnes: Page Fourteen We have a total. Yes, this was our own estimated total, but -they actually bid on on a unit value as you notice with you were given. For instance, if some property owners did their own job, this would lower the bid. That's right, this figure could drop off considerably. Do you have that, Mr. Flotten, so that we could add that into the Minutes? It was read into the Minutes, Mr, Mayor, because it was dis- cussed. I mean on the lower bids. Mr. Aiassa: Mr. Mayor, I think the only thing is a confirmation by the person who made the motion and seconded that this be read into the Minutes, Councilman Heath: What is this itemized column on the third sheet? This is what I started to question, Mayor Barnes: That is an estimate. Mr. Aiassa: Our staff took this as an over- all layout of the City. If everybody authorized us to do the Cleanup job, this is the total esti- mated range of revenue in which we could collect. But being that some of the property owners may not use this service, we must still maintain and award the contract on the way it was bid, which was bid on the unit basis. Councilman Heath: I will amend the previous motion to read as follows: Motion by Councilman Heath, seconded by Councilman Snyder that the bid be awarded on the individual item basis as outlined in the bid rather than on the lump sum amount which was a calculation of approx- imate cost for the 1963 Weed Abatement° SALE OF CITY OWNED LOCATION: West side of Glendora READ PROPERTY Avenue, south of Wal- nut Creek Wash and ex- tending through to Vin- cent Avenue.. There were no bids received on the property on April 4, 1963. Councilman Heath moved that the property be readvertised in the amount of $1<75 sq. ft. instead of $2.00 a sq. ft. There was no second. -14- C. C. 4-8-63 Page Fifteen SALE OF CITY OWNED REAL PROPERTY - Continued Mr, Aiassa: I don't know what happened, but we finally got a sign up. I think • this sign might bring some new traffic into our City Clerk's office, And I think if the Councilmen notices, this is quite an advertising sign, Mayor Barnes: Councilman Snyder: Councilman Heath: Would you like to have this $2.00 a sqo f to again for the next 30 days? I don't see where there is'ahy rush on it. Sometime it takes a long time to sell real estate. There is no point in quickly lowering the price. You can go directly across the street and pick up big pieces for $60,000. an acre and here we are asking $86,000. an acre. I still think that $1.75 a sq. f t. is a little closer and realistic. Mr, Aiassa: After dealing with Frank Bowker and he tells me what his property is worth, we are giving this away at a steal. • Councilman Snyder: I see no harm in waiting 30 days. Councilman Heath: I will withdraw my motion. Motion by Councilman Snyder, seconded by Councilman Heath that the property be readvertised in the amount of $2.00 a sqo ft. for 30 days. Motion passed on roll call as follows: Ayes: Councilmen Heath,Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner T.M. AR TNGQ WEED ABATEMENT AND RUBBISH REMOVAL Mayor Barnes: This is the time and place for the protest hearing on Resolution 2576. IN FAVOR Mr. Francis Lloyd McHenry What I had in mind was an inquiry • 1602 Sawyer Ave., West.Covina as to how this weed abatement situ- ation takes place. We have had a vacant field on the east of us now for the past nine years. We have had a great deal,of .trouble in trying to keeps weeds under control in that vdeant field, .,it'has.gotten to the'point where it has been an ex- treme fire hazard, This. is sW thing that everyone on this street is quite perturbed about°;` We would like io'.know if there isn't some pro- cedure that can,be,rarranged where the weeds, by the time they get knee high, they can be,:taken care of that alleviates prowlers and so forth, by keeping the weeds down. I think the police records will show that there has been numerous prowlers in that field. This.is the parcel of land, in question over housing of apartments, -15- Co Co 4-8-63 Page Sixteen WEED ABATEMENT AND RUBBISH REMOVAL - Continued Mayor Barnes: Mr. Aiassa,'have you heard of any Police problems in this area? • Mr, Aiassa: I would like to note the -location and let the staff investigate it. Mayor Barnes: I think you should give Mr. McHenry a report on this and write him a letter, Councilman Heath: Mr, McHenry brought this problem - up five years ago last month, four years ago last month and three years ago last month. Let's see what we can do this time. Mayor Barnes: If there is no other testimony, I will declare this hearing closed. Mr. Flotten, do you have affidavits of posting? Mr, Flotten: I have the affidavits of posting, Mr. Mayor, and the affidavits of publication in the West Covina Tribune on March 21 and March 28,1963. Motion by Councilman Heath, seconded by Councilman Snyder that the . affidavits be received and filed. There were no written protests or objections. Motion by Councilman Snyder, seconded by Councilman Heath that the Weed Abatement and the removal of rubbish on these parcels indicated in the 1963 Weed Abatement Program proceed as recommended in the program, ZONE CHANGE NO, 249 LOCATION: Southwest corner of Albert'Handler Azusa and Cameron Avenues. Held Over Request for highest and best use from Zone R-A approved as R-1 zoning by Planning Commission Resolution No, 1363. Appealed by applicant as to R-1 zoning, requesting R-3 zoning, on March 28, 1963. Councilman Heath: We have three Councilmen here to- night and the other two Councilmen, if they want to be brought up to date on what has happened here tonight, will have to read the minutes, which will be recorded off of a tape re- cording. It is always more impressive to hear a conversation first hand. It might be more advantageous to both sides, if they see fit, to present their cases to a five man Council rather than three, and depend upon the other two to base their decisions on reading minutes. I throw this out for what it is worth. Of course, the people should • give their indication. I think we should go which ever way they want. I would like to point out that I think in everyone's behalf, that their cases would be better presented and more firmly presented, if it is presented directly to the Councilmen rather than through the tapes. Basically, if the group is in accord, it would be advisable to post- pone this for, two weeks until the rest of the Councilmen are here. -16- • L1 Co C. 4-8-63 ZONE CHANGE NO. 249 - Continued Page Seventeen Councilman Snyder: I would concur in that. I think that this has been such a�contro- versial item that it is important that the Council as a whole, hear it. It would work to the advantage of both sides to wait, Mayor.Barnes: raising their hands that this item we have a full Council? Is there group? Is there anyone in the audience who is interested in Zone Change No, 249? Would it be objectionable to those be held over for two weeks until. any spokesman for this particular Mr, Francis Garvey: I am a practical man. On an Ap- peal, it seems to me that I would have to win the votes of all three of you and just counting noses, I'm not so sure I can do it. Perhaps the odds are better to throw the dice on the table and take a chance on three to two than three to nothing. On the other hand, the Planning Commission requested a 30 day hold over in order to study some new ordinance. We waited 30 days at their re- quest and nothing seemed to be forthcoming except from the report of the Planning Department which was helpful and illuminating to the matter. We do have a problem here where we are talking about 20 acres, In the interest of all concerned, considering that it is Holy Week and the Council ought to have a chance to get home early and say their Prayers and meditate upon better things for the City of West Covina, I'll concur, Motion by Councilman Snyder, seconded by Councilman Heath that Zone Change No. 249, Albert Handler, be held over to the next regular meeting of April 22, 1963 at 8:00 P.M. PROPOSED AMENDMENT NO. 59 City Initiated HELD OVER Councilman Heath: Mr, Aiassa: Mr, Dosh: Councilman Heath: Mayor Barnes: Request to amend the West Covina Municipal Code Sections: Resi- dential zone classifications and a new commercial professional classification, approved as to New R-A and R-1 sections by.Plan- ning Commission on March 13, 1963. Mr. Aiassa, do I have all the in- formation on the residential zone classification and the new com- mercial professional clpssification? Mr. Dosh, did you send out the re- port requested by the Council? No, I haven't received it. I think this is just talking about the R-A and the R-1 it doesn't con- cern the new residential and pro- fessional changes. What is this -commercial professional classification, If you read the Planning Director's report it is no longer in effect, the Commercial Professional. -17- C. Co 4-8-63 Page Eighteen PROPOSED AMENDMENT NO. 59-Continued Mayor Barnes - Continued: This is a hold over from the General Plan and it has been in the' • Minutes this way. However, the Planning Commission, .in their Minutes - and report realize there is no such zoning as a commercial -professional. What they are trying to do is put some of the professional uses in the R-P Zone as was suggested by the Council, Councilman Heath: If there is no Commercial -Profes- sional, by this time we"'should knock it off the paper. It shows up every meeting we have admitted four months ago there is no Commercial -Professional Classification, Motion by Councilman Heath, seconded by Councilman Snyder that Pro- posed Amendment No. 59 be held over for two weeks until the next regular meeting of April 22, 1963. PLANNING COMMISSION TRACT NO, 25913 LOCATION: Between Mobeck Street Fernwood Enterprises and County Flood APPROVED Control Channel 5 Acres - 10 Lots Mr, Flotten read the recommendation of the Planning Commission. • Councilman Heath: As you recall, I brought up the point last time, and'the reason this was held over was to study the problem as being created on the north side of the street where there will be a 10 ft. wide strip between the flood control and the curb which will be owned by the City and will be nothing more than a weed catcher and a weed grower. Do we have any recommendations from the staff on what we can do to eliminate that strip? Mr. Flotten: There are three separate reports. The first one is dated March 28, 1963: "Tract No. 25913 - The following are our comments which we submit to you for your information and/or necessary ac- tion relative to the letter received from the Los Angeles Flood Control District regarding Tract No. 25913: to The drainage problem here does not appear to be any greater than it is for any other property in this City. 2, Ithas not been City policy for developers of land adjacent to the Walnut Creek Wash to deed said property in fee simple to the Flood Control District, That organization is now negotiating with this developer in order to purchase the • property, the same as they have for all other property owners along the wash. We do not see that this case is any different just because these people are developing their property at this particular time. They will, of course, -be required that the tract map indicate proposed setback and so forth from the wash which will allow the Flood Control to obtain the necessary right-of-way along the proposed alignment. �� C. Co 4-8-63 TRACT NO. 25913 - Continued Mr. Flotten - Continued: Page Nineteen 113. That the Flood Control will actually quitclaim certain properties between the Walnut Creek Wash and this sub- divison that would seem that the east -west street, Lark - wood, should be moved as far northerly as practicable. Inasmuch as there will be no buildings northerly of Lark - wood Street, and as sidewalks, street lights, etc. are re- quired to be on the south side of the street, it is our feeling that the parkway width on the north side of Lark - wood would only be reduced to 8 feet. 114. In reference to the suggested chain -link fence. The devel- oper has indicated that he has. no objections to constructing a decorative block wall in the most northerly one foot of the parkway. This wall will abut the Flood Control right- of-way. The developer has also expressed a desire to fill the entire parkway in with concrete sidewalk leaving cer- tain cutoffs for the parkway trees or other shrubs as re- quired adjacent to the curb. "/s/ R. A. Pontow, City Engineer" This is a letter from the Regional Planning Commission directed to Mr, Harold Joseph dated March 28, 1963. Regarding subdivision Tract No. 25913: • "The Staff of the Regional Planning Commission has reviewed the subject Tract and with limited information regarding local con- ditions at its disposal makes the following suggestions: 111. Cul-de-sac Fernwood at this northerly tract boundary, 112. Provide a 60-foot Cul-de-sac Street adjacent to the high school site extending this street from Fernwood westerly toward the westerly tract boundary and reface affected lots. t13. Provide 20-foot alleys at the rear of all lots since the proposed use is for multiple dwellings. 114. Provide a fence along the Walnut Creek Channel right- of-way, if not already installed. "/s/ Milton Breivogel, Director of Planning" This is a memo directed from the Planning Department to the City Manager dated April 8, 1963: "As per the City Council°s request, a'`, its meeting of March 25, 1963, the following information compares the original Tract 25913 as approved with the application presently before the Council. In addition, a brief history is given of the tract, to date. On June 1, 1960 and June'13, 1960 both the Planning Commission and the City Council approved the Tentative Tract No. 25913. On June 26, 1961 the City Council granted a one year extension for filing the final tract map. This was at the ap- plicant's request. The time limit expired approximately 10 months ago and this present map would reactivate the. matter. After having reviewed both the original and revised tract, it was found that they were generally the same. Each proposed 10 lots, the streets were almost identical in location and were equal in size. The basic difference between the two proposals appears to be the shifting of lot lines and the creation of the fourth lot east of proposed Fernwood. Seven lots were pre- viously indicated west of Fernwood as.compared with six on the -19- C. Co 4-8-63 Page Twenty TRACT NO. 25913 - Continued Mr. Flotten - Continued: "present map, In neither previous subdivision map approval nor the precise plan for the property was any comment made as to the parkway between the street and the Flood Control Channel right- of-ways If the Council is concerned about this they can impose a condition requiring the landscaping and the City could main- tain the parkway as it does now everywhere else in the community. It would be difficult to shift the street southerly in order to create lots on both sides since two serious problems would evolve: 111. The lots would be of insufficient depth as to render building quite difficult. 112. It would interfere with a previously approved precise plan. "There appears to be little cause for such a shift in streets. "/s/ Harold Joseph, Planning Director" Councilman Heath: I don't believe we should shift the street because I believe it would create a problem but the fact still remains that there is a piece of City and by rights should be maintained.by the City. In every other instance there is a 10-foot piece of property on the front of everybody's property that belongs to the City but the homeowners usually take care of it. In this case here, I think it would be all alone and no home owners to take care of it. I like the suggestion of the developer that the 10-foot . piece be cemented in. I don't see that I agree with him in leaving wells or opening for trees because the trees will never get watered unless the City sends a truck down there every so often to water them. To my esti- mation, let's not create any more hazards and make this a complete solid 10-foot concrete sidewalk for the length of the cul-de-sac to the north of the street. Councilman Snyder: Why do we require any parkway on that side of the street at all? Couldn't we reduce the parkway? Mr, Dosh: Only because of the standard, the mere fact that there is no fron- tage on it will be enough reason for reducing its There is a good rea- son that we would want a certain parkway where the car bumpers wouldn't hit a wall but we will reduce it from 10 feet to as little as five feet, Councilman Heath: Five feet is still a problem un- less you cement it in. Mayor Barnes: Why not four feet. The bumpers wouldn't hit any wall with the four feet distance of sidewalk in there. Mr, Dosh: We have to use the very same thing in hillsides now where is there are some lots that have the same type of problem. You can't expect a man living across the street to maintain the opposite park- way. The second point is that there are gas mains, water meters and other utilities. Therefore, there is no reason for having a wide park- way or;sidewalk,, In this case all you could have there is a sidewalk, -20- C. C. 4-8-63 Tract No. 25913 - Continued Page Twenty -One Councilman Snyder: It wouldn't be desirable to have gas mains, water mains or'hydrants • on that side of the street with nothing to use them ono I don't see any reason for a 10-foot parkway there just to build up -to the stan- dard. I think at least 5-feet or 4-feet is more reasonable. Councilman Heath made a motion that Tentative Map of Tract No. 25913 be approved with the stipulation that the City property to the north of,the cul-de-sac street be r educ ed in width to five feet and that the developer be required to install this as a solid concrete walk on the recommendation of the Planning Commission. Mr. Williams: Is that resolved to the entire street being moved five feet? Councilman Heath: Yes, it does and the street then would have to be moved five feet to the north. Mr. Williams: If you move it five feet to the north, ,you will have to show how this affects the other four lots. Maybe they better file another map. Councilman Heath: It shouldn't bother the four lots. Mr. Williams: Where will the five feet come? • Mr. Dosh: This is just a suggestion. Make all lots five feet deeper. Mr. Williams: What about the road? Councilman Heath: There is no road over there, Mr. Williams, it comes up and turns. The east is not effected by this. This would change the map completely. Councilman Snyder: Couldn't the alley be held on a precise plan? Mr. Dosh: You already have this map here with no public alley. We would just continue the same alignment Councilman Snyder: Mr. Dosh,are there outlets for the flood control in the channel and have they been provided for? Mr. Dosh: I am certain that if there is no opening it is quite a simple thing to get a permit. Mr. Philip Nelson, developer I have no amendments to your sug- 416 North Glendale Ave.,Glendale gestions. I am in full accord. The reason the suggestion of the Engineering Department that we have the breakouts for the trees was because we thought you would naturally require this. I think it is much more sensible to have five feet of solid concrete in there then there would be no litter or weeds situation. I also understand the lots will be five feet deeper. -21- Co Co 4-8-63 Page Twenty -Two TRACT NO. 25913 - Continued .Motion by Councilman Heath, seconded by Councilman Snyder that-Tenta tive Map of Tract No. 25913 be approved with the stipulation that the City property to the north of the cul-de-sac street be reduced in • width to five feet and that the developer be required to install -this' as a solid concrete walk on the recommendation of the Planning Commission. RESOLUTION N0,2596 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPRO- VING BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO. 336 IN SAID CITY" (Edward and William Houston) Mayor Barnes: Hearing no objections, we will waive further reading of the body of the resolution. Mayor Barnes: Mr. Ebiner, do you wish to speak on this matter? Mr, Robert Ebiner I am speaking in behalf of the 1502 West Service home owners along Vincent Avenue. West Covina I alluded to this particular point in my original presentation some- time ago in discussing the new gone application on the number 23,, My comments apply to both items number 9 and 10. Now you have already adopted an ordinance changing the zoning on this particular property so I will not speak as to that particular point since the hearings have been closed and I was not here at those hearings. But I do wish to call the Council's attention to the fact that there are these deed restrictions and rather than read them over again I simply will refer to my previous statement in the previous reading from the declaration of Company Is Restrictions and Conditions which had been signed by Mr. Elmer Le King and his wife Edna Bo King on January 28, 1953 and recorded in 1953. Councilman Heath: Mr. Williams, I know these people have an objection. The public hearing was held and close. We are now discussing the acceptance of a bond. Asking legal advice, I know that their facts are pertinent to the case. But this is one of the reasons I asked the question before. The City has held its public hearing and at this time there is nothing that we can doe We are accepting a bond here. Although his complaint is legitimate, is there anything we can do or should we go ahead and accept the bond? Actually, his information right now is not pertinent to what we have before use Mr, Williams: I am inclined to think that this situation has no bearing at this moment on whether you would accept the bond or not. The only thing ithat would be material is whether the bond is sufficient. The same comment would apply to Item number 10. While I say that is my ten- dancy, I still would like to hear what Mr. Ebiner says to determine whether he is going to say anything that would change that view point. Councilman Snyder: In accepting the grant deed, do we enter into the deed restric- tions? The grant deed only has. to do with the street property but does the deed restrictions go with the grant.deed on the streets? -22- Co Co 4-8-63 RESOLUTION NO, 2596 - Continued Mr, Williams: Mr, Ebiner: I don't think so. that no commercial for street use. Page Twenty -Three It was said use, this is My purpose in commenting on these two items is as I indicated earlier the fact that since there=has been a violation of these deed restrictions, the property owners in TractNo> 18133 have retained before me, in'this instance, for the expressed purpose in bring action to obtaining injunc- tive relief from a further violation. In other words, their -building permit has be obtained and there is every indication to believe that - the people who have obtained the zone change, intend to and will erect a gas station which will be in conflict with these deed restrictions, I think it would be in the best interest of the community, the City and the Council to bring it to your attention that this action is im- pending and that it will be just a matter of days before we file our action, and that you might wish to hold this over until there is a determination on that issue because I know a.hearing will be held on a temporary restrain order. So this was more on a matter of by way of information rather than suggesting a course of conduct because I am aware that the hearings are closed and as I have indicated that not having been retained prior to Friday night, I was not able to do anything about the past conduct of the Council. Mr, Williams: I think you should hear from the property owner or the tenet or purchaser. It could be that if confronted with this situation that they would prefer not to post the bond and make a dedication and then conceivably later be enjoined from using the property as a service station. It might be that a postponement of action on these two matters would be agreeable. However, I think if the owner or purchaser desires to do this since the City has required it that you could hardly refuse now to take it. Councilman Snyder: If we accepted the bond and these people succeeded in blocking the service station, we could still require our street improvements. As a City, it is to our advantage to accept the bond and actually to the people the opposition, Mayor Barnes: Mr. Houston, do you have any comments to make at this time? Mr,.Houston: Councilman Snyder: Mr, Houston: No comments to make other than the fact that work will start Wednesday morning on that property. We have our building permits issued by the City of West Covina. Mr, Houston, do you understand that if we accept this bond that should the petitioners be successful in blocking your filling station, we could still require you to put in the street improvements. Yes, we placed the application in for the.bond. It has been granted, -23- Co C. 4-8-63 Page Twenty -Four RESOLUTION NO. 2596 - Continued Mr. Kenneth Kisselburg I own the property at 207 No. 1237 East Mardina, W.C. Maplewood, directly behind the station. I would like to ask • the City Attorney one question, if I may and then I'll bring'out my point. Is it legal for the City Council to rescind a zoning plan that they have previously given? I'm speaking specifically about this one. Is it legal if there is enough cause shown for them to rescind that zoning approval? Mr. Williams: It is on several conditions. to That notice and'an opportunity to be heard be given to the person to whom it was given. 2. That the zoning approval has not yet been used or commenced. Once a use has commenced under a valid zoning it cannot be recinded so far as that use is concerned. For example, let's suppose you had commercial'zoning and the City changed it to residential. If you had begun the construc- tion of a commercial building, it is legal to continue. Mr. Ebiner: Where does use commence, when you get the building permit? Mr, Williams: Primarily getting the building permit alone is not sufficient. It commences by the actual commencement of construction or by such an expenditure of money and change of position in reliance upon the zoning that it would be inequitable to change it. • Mr. Kisselburg; That answers my question and I am not going to take a lot of time here but I believe if the City Council including all members, had been aware of the deed restriction in the beginning, I can't con- ceive that they would have granted the zoning change. It would be rather foolhardy as it is a tight restriction. I checked other than with our own attorney at the title office to this extent also. I am bringing this point up for this reason. At the November 7th Planning Commission meeting, the first one, I'll read verbatim from a copy of the minutes. This is myself speaking: "I own property, 207 Maplewood, which is directly in back of this. I know Mr. King has tried to dispose of the property and I under- stand that the last person I know of who is interested in this property supposedly dropped his interest because there was a cove- nant or restriction in the original deed limiting the use of the property to residential for twenty-five years. If this is still true, we are wasting our time." At which time, Mr. Houston stood and said they have been removed. I was at the title office April 2nd and requested a search as to whether there had been a change on the restriction to residential use and was informed that there had.no.t been. Now my premise is this: I brought this up at the very first hearing which, as I understand it, the City Council has access to, and certainly must read or be aware of and I • was naive enough to take that as an answer. I didn't know enough a- bout this to challenge it. I went along on the assumption, 'Well, restriction isn't there, I still think it's in proper use.' If this has all been based on an untruth, and we are under oath,when we stood up here, I wonder why the property'owners should be involved in raising a considerable amount of money taking legal action to merely protect something that is already written into their deed which was in there when we originally objected to it and were told that it had been re- moved. I think that this is pertinent enough -that if you issue the bond which I would presume is necessary to start construction, and if -24- Co Co 4-8-63 RESOLUTION NO. 2596 Continued Mr. Kisselburg - Continued: Page Twenty Five • I understood Mr. Williams correctly, this would remove the possibility of now having all the facts before you of your recinding the zoning. If-this'can be done, you are going to save a lot of tax -payers that' you're indebted to, since you are all voted.officials, a lot of money. Councilman Snyder: The bond and the grant deed have nothing to do with the zoning on the property. Mr, Williams: I think that they might have if the owner of the property in re- liance upon the approval of the zoning and the precise plan grants the property for street widening in the City and post the bond to -guarantee its improvement, I think it's quite conceivable that he has so acted in reliance on the zoning. But if the zoning were changed next week,'he would still be allowed to proceed with the zoning he has this week. This would have no bearing on the enforcement of the covenant as I see it, but it would have on the enforcement of the zoning. It could be that there has already been activity that would preclude the changes. Mr, Kisselburg: Perhaps I wasn't understood. That is why I want to say this. If you do this this evening, as I understand it, right now there is a possibil- ity that you can rescind your zoning and this will end the matter without our going to court and get an injunction, a T R 0 and the whole works. Mr. Williams: You can't rescind zoning, The only thing you can do is to rezone it. Councilman Snyder: If there is in, effect, perjury in- volved in obtaining zoning, what recourse do we have against the member in the audience who supposedly does not perjure himself? Councilman Heath: The applicant is aware of his problem. He has heard all .the facts tonight of what confronts him and he still desires to go ahead with the plan. We cannot rescind the zoning. The only thing we can do is to go ahead and accept the bond and since the applicant is aware of his problems and wishes it this way it is up to him to battle his way out. Mayor Barnes: All we are acting on tonight is a resolution accepting the bond for the Precise Plan, We are not acting on any zoning, as the zoning has already had its second reading. This is not pertaining to zoning at all. Councilman Snyder: I'm still not clear whether the petitioners were successful in their law suit against the appli- • cant and what status is the bond in, Mr, Williams: I think that once the property is dedicated to the City for street purposes and the bond is put up to guarantee its improvement that that will stand what regardless of the result of the lawsuit concerning the zoning, -25- 0 is • Co Co 4-8-63 RESOLUTION NO. 2596 - Continued Councilman Snyder: Page Twenty -Sias As long as the zoning remains commercial?' Mr, Williams: It wouldn't make any difference. There's no d6ndi.tions when he' deeds this property to the City for street purposes that this is -only on condition that it is commercial; It is true that the motive he" had in deeding it was to come in to compliance with the Precise"Plan And which permits him to engage in a commercial use. Surely the min- utes of this meeting and his presence indicate that he is taking this risk with his knowledge and his eyes open. If he proceeds anyway, he is deeded this to the City. If it comes a street, a bond is posted, guaranteed by a surety company that the street will be improved. This will remain true,, in my opinion, whether or not it was determined by' a court at a later date that this property cannot be used for commer- cial purposes even though so zoned. We would have,the anomalous sit- uation then that it couldn't be used for any purpose because we don't allow residential in a commercial; Motion by Councilman Heath, seconded by Mayor Barnes that said resol- ution be adopted. Motion passed on roll call as follows: Ayes: Councilman Heath, Mayor Barnes Noes: Councilman Snyder Absent: Councilmen Jett, Towner Councilman Snyder: I would like to qualify my "no" on the basis that I feel this shouldn't.be acted upon until the issue is more clear. Said resolution was given No. 2596, RESOLUTION NO. 2597 ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEP- TING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Edward & Bethesda Houston) Mayor Barnes: Hearing no objections, we wilX waive further reading of, the body of the resolution. Motion by Councilman Heath, seconded by Mayor Barnes that said resolu- tion be adopted. Motion passed on roll call as follows: .Ayes: Councilman Heath, Mayor Barnes, Noes: Councilman Snyder Absent.: Councilmen Jett, Towner Said resolution was given No. 2597. CITY CLERK'S REPORTS PROJECT C-190 Accept Storm Drain imporvements Louis So Lopez APPROVED Accept storm drain improvements and authorize release of Ohio Casualty Insurance Company bond No. 1-089137 in the amount of $4,242,50,' Inspector's final report filed, Staff recommends acceptance. -26- Co Co 4-8-63 Page Twenty -Seven PROJECT C-190 - Continued Motion by Councilman Heath, seconded by Councilman Snyder and carried, to accept Project C-190 and authorize release of Ohio Casualty Insur- ance Company bond No. 1-089137 in the amount of $4,242.50. • PRECISE PLAN NO. 328 LOCATION: East San Bernardino Road Accept Curb and Gutter Improvements and Badillo'Street be - Co L. Peck.& Robert So Norman tween Vincent and Lark APPROVED Ellen Avenues Accept curb and gutter improvements and release Federal'Insurance' Company bond No. 8008-17-35 in the amount of $15,500.00. Inspector°s final report on file. Staff recommends acceptance. Motion by Councilman Snyder, seconded by Councilman Heath and carried, to accept curb and gutter improvements in Precise Plan No. 328 and release.Federal Insurance Company bond No. 8008-17-35 in the amount of $15,500.00. TRACT NO. 26017 LOCATION: East end of Larkwood Accept Street and Sanitary Street, north of Cameron Sewer Improvements Avenue Ferned Corporation APPROVED Accept street and sanitary sewer improvements and authorize release of Aetna Insurance Company bond in • the amount of $3,700.00. Inspector°s final report on fileoStaff recommends acceptance. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to accept'street and sanitary sewer improvements in Tract No, 26017 and authorize release of Aetna Insurance Company bond in the amount of $3,700.00. RESOLUTION NO. 2598 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLE- TION IN PRECISE PLAN NO. 348 IN SAID CITY" (Alscot Development Company) Mayor Barnes: Hearing no objections, we will waive'further. reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: 'Councilmen Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Said resolution was given No. 2598, -27- i • • Co Co 4-8-63 CITY CLERK'S REPORTS - Continued RESOLUTION NO, 2599 ADOPTED Mayor Barnes: Page Twenty -Eight The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEP- TING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Alscot Development Co,) 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 Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Said resolution was given No, 2599.. RESOLUTION NO. 2600 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEP- TING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Alscot Development Company - PP 348) Mayor. Barnes: Hearing no objections, we.will waive further reading of the body' of the resolution. Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Said resolution was given No. 2600. RESOLUTION NO. 2601 The.City_Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEP- TING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Partial-Reconveyance-Glendora Ave. and Duff Avenue). Mayor Barnes: Hearing no objections, we will waive further reading of the body of the resolution, Councilman Heath: What is a partial reconveyance? Mr, Williams: It is a release from the operation on the trust deed of part of the property, but not on all the property covered by the trust deed, IPTM 11 • C. C. 4-8-63 Page Twenty -Nine RESOLUTION NO. 2601 - Continued Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Said resolution was given No. 2601. RESOLUTION NO. 2602 ADOPTED Mayor Barnes: Mr. Aiassa: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DE- CLARING ITS INTENTION TO VACATE A CERTAIN PORTION OF GRAND AVENUE", Hearing no objections, we will waive further reading of the body of the resolution. Mr. Aiassa, did you notify .these people on Grand Avenue and Holt? Yes, Mr. Mayor, We did. Motion by Ccuncilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: .Ayes: Councilmen Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Said resolution was given No. 2602. STREET LIGHTING PROGRAM LOCATION: Proposed District No. 1 - FOR CITY OF WEST COVINA area within city north HELD OVER of San Bernardino Freeway Mayor Barnes: Before we go into this matter, Mr. Aiassa may I see'a map or something on this area as I did not receive any in my mail. I request this be held over until I have a chance to study this area. Motion by Councilman Snyder, seconded by Councilman Heath and carried to hold over Street lighting program for City of West Covina. Mayor Barnes: I called Mr. Aiassa in regards to the Street Lighting Program and he wanted to do a section at a time. Some of the areas do not want this and I don't want to see us force it on people unless the particular district „wants it. • Councilman Heath: Do we have a public hearing on this? Mr. Aiassa: The notice states to review the engineer's report -And instruct engineer to proceed with the program if you decide to. -29- C. Co 4-8-63 Page Thirty STREET LIGHTING PROGRAM - Continued: Councilman Heath: There is a resolution ordering the City Engineer to -prepare assessment diagrams, plans, specifications, estimates and reports. In • other words to.spend, quite'a'bit of money preparing these specifica- tions, plans, etc. Do we'have a public hearing before we instruct the City Engineer to go to this expense? Mayor Barnes: This is one reason'why'I want all -this information "sent to" me so that I have at least some opinion on what I feel is good. Then if we decide that it should be a public hearing after studying -the different reports I think this is very good. I think the Council should decide this. Mr. Aiassa: I have instructed the Public Service Department, before this was on the agenda that this Street Lighting Program may ride for two meetings for two reasons. That this is at the request of the. Council a year and a half ago when we decided to light the un lighted areas and the staff has spent a reasonable time to show where there is critical area and we will try to'do it in a large enoiilgh dis- trict so thaf it would be inexpensive otherwise it would be expensive if we did it in small districts, Mayor Barnes: Yes, I think we also,received a report from the Edison Com- pany on the cost. • Mr. Aiassa: I can route to you my office file if I can have it back as it has everything in it. We can route this brochure to each Council- man as it is very expensive to duplicate. • Councilman Heath: Mr, Mayor, evidently I have not made myself clear. Have we had a public hearing on the fact that we were going to light the entire City? Mr. Aiassa: You had a public hearing on the existing lighting program to people who now have lights. All_�you have now is on the energy and power that we have to pay and collect money for. This is separate. To create,this new district we would have to start all over again and actually determine what areas you want to include in this district. Now, it may be interesting to note that maybe some of these people. would want lights and if they do, we should voluntarily get them into the programas soon as possible. The only way we will know is probably through this informational program that the Council instruc- ted us to work on, -30- C. C. 4-8-63 Page Thirty -One STREET LIGHTING PROGRAM - Continued Mayor Barnes: I believe at the time I suggested sending a card similar to your sewer assessment card that you send • out to people in the area. Mr, Aiassa: I think this brochure would even be better as we can have this run off on the Multilith machine, Councilman Heath: Now we are getting back to my question and that is are we going to give the people in the City a chance to be heard in protest. For instance, sup- pose the people on one full street does not want lights. When are they going to get a chance to speak or are we going to go ahead and do ail this work and not even listen to them. When are the people going to be given a chance to protest, if they want to protest, before we go to the expense of all this money. Mr, Williams: The chance officially to protest comes after the work is done. I'm not familiar with the 1919 Act. You are familiar with the 1911 Act, Two things usually occur in the 1911 Act, as you know. Before you spend Engineering money, you get a petition indicating the desire to have the street improvements, sidewalks, the sewers, etc. Now this petition is the indication that the people want the thing you are looking at and I think what you're searching for now is what takes the place of that peti- tion to show that the people in this area want the street lights before you spend money. As I said, I am not familiar with this act but, 'Coun- cilman Heath, I think that is your question. Now after this Engineering work is done, then this act picks up the same as the 1911 Act, You adopt the resolution indicating the work, the estimated cost of the work and set a protest hearing. At that time, again, it could be pro- tested out. But ordinarily, in the 1911 Act, before you engage in this work it is right that you have indication that comes from them,' Mayor Barnes: I believe it was indicated in the report that this type of circula- tion of petition was not necessary under tiie 1919 Act. The City Council could initiate a 1919 Act. However, I feel that the people who are going to pay the bill have a right to have their say and whether or not they want this regardless, and I don't want to see the Council initiate this. I would rather see it initiated by the petition. Mr, Williams: Mr, Mayor, the people would have their say anyway. The only thing you would lose would be whatever Engineering work you do. Councilman Heath: That is what I°m trying to say. In case there is a protest, we don't spend a lot of money on Engineering and then have the Engineering thrown out because there are too many other projects we could put that time on, • Councilman Snyder: I think that what Mr. Aiassa said to make this economical, it has to be done in a large unite It is not very likely though, that all these scattered areas are going to petition. It wouldn't happen in fifty.yearso They may come in separately, -31- 11 0 C. C. 4-8-63 Page Thirty -Two STREET LIGHTING PROGRAM - Continued Councilman Heath: I agree with you'on that -point, that maybe the people should not petition, but they should at least be advised of what we're doing to give them a chance to protest if they want to protest. Mr. Aiassa: The only point I want'to'say and I think it is important. If'they delete the portion where it says resolution ordering'the'City Engineer, this is automatically put in,, but if you*look'at the first part where it says 'review City Engineer's report approve -brochure and later instruct the City Engineer -to proceed with the program,' this is way after you have reviewed all this. You aren°t even in-' that stage yet, so why determine the expense until we at least know' the area size. Now, you have a map and you can see what your unlighted area is in total and how serious it is. Maybe the Council of your own volition might feel these areas need lighting, Mayor Barnes: Councilman Snyder: DISTRICT As11-62-1 Sanitary Sewer District We might feel we need lighting, but my own opinion is, that -I feel the people have a right to know about it. We should approve the brochure because this is the way people are going to be notified. LOCATION: Nora Avenue and other streets. Mr. Flotten read the Health officer's report as follows: "April 12, 1962 "This department has made an investigation of the Nora Avenue and other Sanitary streets Sewer District A111-62-1. During the course of the investigation, 306 house to house calls were made. Of this number, 116 occupants were not at home or did not answer the door. Of 190 property owners or tenants ac- tually contacted, 100 or 52.6% reported having experienced trouble with their individual subsurface sewage disposal system. They complained of seepage pits filling up or caving in, raw material coming up to the surface of the ground. In'view of this, I the undersigned health officer, hereby recommend the proceedings to be instituted at once with the installation of sanitary sewers in the Nora Avenue and other streets in Sani- tary Sewer District A111-62-1. Recommendation was made as an improvement necessary to protection of public health and pur- suant to the provisions of Section 2808 of the Streets and Highways Code. • "Signed - I(. H. 'Sutherland, M.D." Mayor Barnes: Before we move this,,Mr. Rosetti was suppose to be here this evening to give us some information as to how the cost would be spread to this district. Perhaps. Mr. Dosh has something on this subject. -32- 0 Co C. 4-8-63 DISTRICT A °11-62--1 - Continued Page Thirty Three Mr, Dosh: Without the actual estimate that is on this, I can only say that this District is slightly more than the one you just approved a few months back. It means about a $300,000. District. I understand, in talking to the engineer that the cost is very com- parable. But we wouldn't know what the cost will be until you assign a cost to this and whether or not you intend to participate in either of these two districts. Mayor Barnes: Mr, Dosh, we have already decided the cost of the other district. We took it to bid and it has been a fair bid, Mr, Dosh: The total bid. But you don't know whether or not you intend to parti- pate in it. Mayor Barnes: There has been some participation in that district of about $13,500 to go under the freeway and I think there was $33,000 which sum will be reimbursed in the present district and then some -mill have to be supported by the City. Mr, Dosh: Mayor Barnes: freeway that is adding this extra pate out of their Sanitary Funds. Councilman Snyder: Mr. Dosh: Councilman Snyder: Mayor Barnes: Councilman Heath: Mr, Dosh: Councilman Heath: That's true. Like I say, we don't know what the unit cost is, but the decision will be made by you in our budget. The Council should know that these. are big trunk lines underneath the cost and that the City will partici- Is there another trunk line for this one or do we use the other one. We use the same one. Then that is all paid for. No, it is reimbursed. What size is that trunk line under neath the freeway. I believe it is 15 inches. After this is done, would you say our City was about 70% clear? Mr. Dosh: It is 90%. We have two major dis- • tricts after this one. (Mr. Dosh so indicated on the map). We have one district where we have ten dif- ferent scattered locations. When the red one is completed, the ten different scattered sections are complete, which will be the end of this year, we should be all but wrapped up. -33- Co Co 4-8-63 DISTRICT A111-62-1 - Continued Page Thirty -Four Mrs, Jeffery Hewitt: I would like to ask a question 315 North Hollow, W.C. please. This Health Officer's • report that is dated April 12, 1962, if the fillage material was on the surface of the ground at that time, how come it is just coming up now? s Mayor Barnes: One thing you will have to initiate a petition. Until the petition is turned in, we can't get the Health Officer to come out to inspect it. Mrs. Hewitt: Yes, after his report was.made in April 12, 1962. This was almost a year ago. Mr, Aiassa: I think the report that you filed with us before has two major problems. The petition went back once with not sufficient names and then also we had a problem in design which our Engineering Department had worked out. Mrs, Hewitt: I think part of it was that Avenue east of our district and is under the freeway that you were talking about just now. The Sewer District to the west had to come first. Mayor Barnes: This was all taken into considera- tion. I know several people from this area asked when we were going to get our district in because their district couldn't go before ours is in, Mrs. Hewitt: My concern with Sewer District A'11-62-1 was the"Health Officer's report as read was dated April 12, 1962. This being April 8, 1963, I requested an explanation of the delay which was given satisfactorily by the Council. Motion by Councilman Heath, Seconded by Councilman Snyder that the health report given by K. Ha Sutherland, be accepted and this report be spread in full in the minutes, RESOLUTION NO, 2603 ADOPTED Mayor Barnes: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DETERMINING THAT THE CONSTRUCTION OF CERTAIN SANITARY SEWERS IS NECESSARY AS A HEALTH MEASURE IN NORA AVENUE AND OTHER STREETS IN THE CITY OF WEST COVINA" (Sanitary Sewer District A' 11-62-1 ) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Snyder that said resolution be adopted. Motion passed on roll call as follows: ,Ayes: Councilman Heath, Snyder, Mayor Barnes Noes: None Absent: Councilman Jett, Towner Said resolution was given No. 2603, -34- • • C. C. 4-8-63 RESOLUTION NO. 2604 ADOPTED Mayor Barnes: Page Thirty -Five The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPRO- VING MAP OF ASSESSMENT DISTRICT FOR THE IMPROVEMENT OF NORA AVENUE AND OTHER STREETS IN THE CITY OF WEST COVINA" (Sanitary 'Sewer District A'11-62-1) 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 Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Said resolution was given No. 2604. RESOLUTION NO. 2605 ADOPTED Mayor Barnes: The City Clerk presented: "AiRESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOP- TING THE PROFILE AND IMPROVEMENT PLAN AND SPECIFICATION FOR THE IMPROVEMENT OF NORA AVENUE AND OTHER STREETS IN THE CITY OF WEST COVINA" (Sanitary Sewer District A°11-62-1) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Snyder that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Said resolution was given No. 2605. RESOLUTION NO. 2606 ADOPTED Mayor Barnes: The City Clerk presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO IMPROVE NORA AVENUE AND OTHER STREETS IN THE CITY OF WEST COVINA" (Sanitary Sewer Dis- trict A911-62-1) 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: -35- Co Co 4-8-63 RESOLUTION NO, 2606 - Continued Ayes: Councilmen Heath, Snyder, Mayor Barnes Noes: None • Absent: Councilmen Jett, Towner Said resolution was given No. 2606. C C� RESOLUTION NO. 26,07 ADOPTED Councilman Snyder: Page Thirty -Six The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTH- ORIZING THE EXECUTION OF AN ASSIGN- MENT TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT" May I have an explanation to this? Mr. Williams: In approving the Precise Plan across the Hunter, Broadwell and Bowker property, one of the conditions was that there be deeded to the City a Flood Control easement. Since then, the Flood Control District has assumed the obligation of putting in the Flood Control Channel. They will actually pay whatever it cost to get these. However, since we have a right to receive any in this particular case, we are assigning that right to Flood Control, They should be able to get it, therefore, without the need of paying for it. We guarantee nothing. We simply give them the right that we have received it. Mayor Barnes: Hearing no objections we will waive further reading of the body of the resolution. Councilman Heath: Where does this go? Mr. Aiassa: This is on the southend of the property. There is only a half street in now, and we have to put in the other half and the Flood Control is going to go through the unimproved area. Before we ap- prove the street, the storm drain has to go in. Councilman Heath: At the Flood Control's expense? Mr. Aiassa: All we are conveying to them is our interest if we adopted the Precise Plan that these people would give us an easement for contract. Councilman Heath: I would like to know the wording and whereabout on something like that,for my own interest. Mr, Aiassa: I'll give you a report. It is 589E. Councilman.Heath: I'm thinking of the procedures, etc. for a different location. Motion by Councilman Snyder, seconded by Councilman Heath that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Said resolution was given No. 2607. -36- L.] C. C. 4®8-63 Page Thirty -Seven PLANNING COMMISSION ACTION OF MARCH 20, 1963 PRECISE PLAN NO. 257 (Rev. 1) . LOCATION: Southwest corner of First Federal Savings & Loan Asso. Sunset & Service Avenues 1400 Service Avenue Mayor Barnes: Request to permit different signage in C-2. What is this different signage? Councilman Snyder: They now have a vertical sign on that pylon on the south side of the building and they are thinking of making it horizontal at the top. They are not increasing it over.the present size, just changing it. Mr. Flotten: VARIANCE NO. 433 Frank Horny This was approved by Planning Com- mission No. 1364. LOCATION: 1828 East Thelborne be- tween Azusa & Armel Drive Request for nonconforming sign in Zone R-3. Denied by Planning Com- mission Resolution No. 1365. . Mayor Barnes: Mr. Flotten, has this been appealed? Mr. Flotten: Councilman Heath - why a sign 4 x 8, a little larger of Thelborne Street was denied or much larger signs at the curb all No. I'm not going to ask if this be appealed. I couldn't understand than that table, setting at the end objectionable when we have permitted over the City. Councilman Snyder: I think their reasoning was that the sign was directly next to an R-1 yard. It wasn't so much the size of the sign, but the location. I can't recall where they recommended it be relocated, but they felt that it didn't have to be right next to an R-1 yard. This is just east of the American Legion. Councilman Heath- I went up and took a look at that location and I still can't see the reason for denying it because it is such a small sign. There must be some reason for it. Mayor Barnes: Was it located on the Horny property, backed up by a block wall? Councilman Snyder: This street comes down and turns. There's R-1, R-3, then the sign. Councilman Heath: It is backed up by a block wall. It could be moved over about 5 feet to be in a position where it wouldn't interfere with any R-1. Councilman Snyder: This was just one of the reasons. Councilman Heath: Evidently the man felt that he needed it enough to the extent where he paid a hundred and some dollars to file for a hearing. What is the filing fee for a variance on a sign? -37- • 40 Co C. 4-8-63 PLANNING COMMISSION - Continued VARIANCE NO. 433 - Continued: Mr. Aiassa: Councilman Heath: Page Thirty -Eight The filing fee for a variance on a sign is $50. The man thinks he needs a sign bad enough, he is willing to invest $50. I couldn't see the objections to a small sign like that put against the block wall, Mayor Barnes: I might be inclined to go along with the Planning Commission because I don't want to see a lot of signs adjacent to R-1 property to advertise a piece of property across the street. Councilman Snyder: Mr. Williams: They felt that it should be on the building. There is no objection to him having the sign, There is a map which shows the reason better than anything else. Councilman Heath: I saw the map. I think that this indicates very clearly the amount of variances that we have been giving on the signs that there are sign ordinances that are antiquated and need some kind of revision. It seems that every week there are one or two variances that are being processed at the cost of $50 a piece plus the engineering, etc. Mayor Barnes: I see the Planning Commission's point of view and this is R-1 adjacent to it. I am certainly aware that our sign ordinance needs review when we have this many variances and are requiring our devel- opers and property owners to pay this additional fee time after time to get something which should be rightfully theirs to begin with. Councilman Snyder: The applicant didn't present any testimony, Mayor Barnes: This gentleman isn't a resident. Mr. Francis McHenry This sign brought up a point of 1602 Sawyer Avenue interest. I don't know whether this is the proper time or not but at least I'm going to bring it to your attention. The service road from Puente Avenue to Orange Avenue running along the south side of the freeway deadends right against the southern portion of Scoa's Parking Lot. Time and again, there has been cars pulled out of this field that is now going to be rezoned for park use. There has been cars pulled out of there. Not too long ago, there was a case where the woman involved in it was taken to the Hartland Hospi- tal just a little shaken up. Now, what I'm getting at is the en- trance to this parking lot faces exactly on the end of this service street and I have seen people in broad daylight come up onto Scoa's parking lot and look around with a startled expression suddenly real- izing they are no longer on a public street but a private parking lot. There could be some form of a barrier or something of this nature erected to inform the public of this. It would be a possible life- saving device because during the last hard rain spell we had, a couple of young fellows come down that parking lot. Fortunately, they missed the guy wire holding up a 40,000 volt power pole. They went between • 11 Co C. 4-8-63 PLANNING COMMISSION - Continued VARIANCE NO. 433 - Continued: Mr. McHenry - Continued: Page Thirty -Nine the power pole and the guy wire. Now had they hit the power pole or the guy wire, either they would have been hurt by the high tension lines or the residents right behind them. Councilman Snyder: I don't quite understand where you mean? Mr. McHenry: They go off the dead-end of the parking lot which is where Richland would be. If Richland were to continue south, the east end of the par- king lot would be on Richlando Councilman Snyder: I suggest we give this to the Traffic. Committee, Mayor Barnes: Mr. Aiassa, would you have this checked out? This has been brought to the attention of the Police Department. I expect that some kind of a barrier or attention sign could be brought to the public's eyes so that this will not occur, VARIANCE NO, 434 Signal Oil Company APPROVED LOCATION: 1352 West Garvey Avenue between Sunset and Bate- laan Avenues. Request nonconforming identifying sign in Zone C-2o Approved by Planning Commission Resolution No, 1366. VARIANCE NO, 435 LOCATION: Citrus Avenue between Reynolds Buick, Inc. Workman and Citrus Avenue. APPROVED Request nonconforming identifying sign in Zone C-2o Approved by Planning Commission Resolution No, 1367. PRECISE PLAN NO. 360 LOCATION: Citrus Avenue between Reynolds Buick, Inc. Workman and Citrus Avenue. APPROVED Request to adopt agency in Zone C-2, 1368. ZONE CHANGE NO. 253 Robert E. Brooks Precise Plan for new auto display and service Approved by Planning Commission Resolution No. RECREATION & PARKS WEST COVINA JUNIOR FOOTBALL LEAGUE ANNOUNCEMENT BOOTH -STORAGE ROOM Mr, Flotten: This matter was on the Council°s agenda for this evening but was postponed. The following is the action taken by the Recreation & Parks Commission meeting on March 28, 1963: -39- Co Co 4-8-63 Page Forty RECREATION & PARKS - Continued: "Motion by Commissioner Johnson, sewn ded by Commissioner'Busching, carried unanimously, that the plans of the West Covina Junior Football Conference to construct at their own expense a new announcing booth and storage room at Cortez Park be approved as presented before and'fotwarded to the City Council with_. the recommendation for approval and waiving of the building permit fee." Motion by Councilman Heath, seconded by Councilman Snyder and carried that permission be granted to allow the Football League to -erect the building in agreement with -the recommendation of our Recreation and Parks Commission, 3RD ANNUAL OLD FASHION PICNIC Mr. Flotteno We have a request of the Rec- reation and Parks Commission to co-sponsor the 3rd annual old Fashion Picnic at Cortez Park on May 5, 1963 with the Teen -Kan -Teen Foundation. Mayor Barnes: Mr, Aiassa, is there any .money involved in this? Mr. Aiassa: They have made no request for money. Motion by Councilman Snyder, seconded by Councilman Heath that the request to co-sponsor the 3rd Annual 'Old Fashion Picnic at Cortez Park be approved. Mr. Aiassa: Will you amend that subject to if there is no financial obli- gation on behalf of the City. Councilman Snyder: That is implied. Motion by Councilman Snyder, seconded by Councilman Heath amending above motion to read assuming there is no financial participation on the part of the City, DOME TYPE PAVILION Mr. Flotteno Request to purchase four pavilions each with a min- imum 421 diameter from the $14,000 appropriated for this purpose. Mayor Barnes: Mr, Aiassa, is this the same dome type pavilion that I brought in for the review of the Recreation and Park Commission and the Director? These are new type material. I have seen these in • actual parks in the mid -west. They hold up very well. They have pictures of these dome type pavilions and we could hold this over until we review them, Mr, Aiassa-, I think you should demand from the Park & Recreation Commission that they give plans and specifications before you go,ahead and decide to do this so you know what you are getting as these are extremely expensive. Motion by Councilman Heath, seconded by Councilman Snyder that the Recreation and Parks Commission furnish the Council with printed or any other information available on these dome shaped pavilions, -40- Co Ca 4-8-63 Page Forty -One GENERAL MATTERS ORAL COMMUNICATIONS WESCOVE SCHOOL - Sidewalk Petition Mrs. Dick Mayer I am here this evening for the pur- 858 California Avenue pose of presenting a petition as follows.: . *We the undersigned, duly concerned for the safety of school chil- dren and pedestrians do hereby request sidewalks on both sides of California Avenue from Walnut Creek Parkway to Merced excepting in those places where sidewalks exist" The approximate number on signing this petition is 250. I also would like to read a letter from the Board of the P.T.A. of Wescove School together with copies for each of the Councilmen: "Members of the City Council, West Covina "Gentlemen: "At the recent meeting of the board of the P.T.A. of Wescove School, California Avenue and Vine, we unanimously resolve to support the petitions requesting sidewalks on both sides of California Avenue from Walnut Creek Parkway to Merced. • Because this street is widely used by children attending Wes - cove School this Board feels a strong interest in the safety measures taken. We would bring to your attention the potential accidents created by the nonseparation of children walking in the street from a dangerously flow of traffic. In addition, cars parked along the sides of the street force children out and into the lane of traffic. We as members of this Board and as parents must concern ourselves with their welfare. We ask your careful consideration of the safety measures to alleviate this hazardous situation, "Respectfully yours, signed Mrs. Lawrence Jo Oaks, Wescove P,T>Ao" I might add that this area is -also used -by-students attending St. Christopher°s School and the Sunset School, and also the students attending Edgewood High School. You will note that we mentioned sidewalks on both sides of California Avenue, We desire this due to the fact that we have children walking on both sides of California Avenue. It would be very difficult to know which side of the street to favor. With sidewwalks, we have an influx of children coming into this fast stream of traffic from the west side of California Avenue with its adjoining streets, This is approximately the same situation on the east side on California in the area mentioned and its adjoining streets. It would mean that sidewalks on both sides would alleviate the hazard for people in both of these areas. I would mention that residents on California Avenue,while they feel a very strong interest in the safety of our children do not particularly feel a strong responsiblity (speaking about residents who do not have children) for supporting other people's children in seeing that these safety measures are taken. Many of them feel that this should be a City responsible project. I would only say that this route would service the needs of many, -41- • n Co Co 4-8-63 Page Forty-two WESCOVE SCHOOL - Continued Mayor Barnes: I had a call the other night from Mrs. Mayer in which she asked about sidewalks in West Covina at which time she stated that she had a petition in the area. I asked her to leave them here this evening and present the petition or to give them to Mr. Flotten, City Clerk, at some date earlier. I don't know whether all of the people in the audience realize this, but we are doing a study of the City in regards to sidewalks; This hasn't been presented to the Council and at this time we are also trying to have a priority list. I would also like to have Mr. Flotten send copies to the Council of this petition and also of the letter. I know the Council will take California Avenue Avenue into considera- tion at the time of our study and priority lists I will assure you this will be done, Mr. Wallace Neece I represent the Wescove Better- 717 South California Avenue ment Association. We are re- questing sidewalks in the same area on California Avenue, There are several hundred children that pass my home every day, going to the library, shopping in the Plaza, attending 5t. Christopher°s School and Wescove School, We would appreciate your consideration for that area. CENTER STREET Mr. Philip Wax 1035 South Hillborn eranceo I didn't get a complete was okayed so that I could review Mayor Barnes: On Center Street, the last that I heard was Mr. Williams was going to check into a point on the sev- report on what happened, whether it the merchants. There was an article in tonight's paper. Mr. Williams, will you ex- plain the situation at this time regarding Center Street? Mr, Williams: Mr, Aiassa and I went down to the highway department and talked to Mr. Hoy and a number of his aides. The agreement was reached as to the procedures to be taken that there were three conditions that they would modify by supplemental letter or supplemental agreement. These three condtions were put in a resolution and the agreement was accepted by the City and executed by the City subject to these three conditions. I presume, the next thing is we would hear from the State as to their acceptance of these three conditions. Mr. Hoy personally not only accepted them but recommended it be done. I would assume the State would accept its Mayor Barnes: We have signed this letter and sent it back along with the agreement. Mr. Aiassa: Mr. Mayor, I think we should advise Mr. Wax to tell the other merchants in the area that this probably will take two or three weeks to get this through Sacramento. Mr. Williams: We have to accept the severance standards. What they said was that they have no appraisal, they have an:estimate by a staff member. They are getting an appraisal and expect to have it next week, -42- • C Ca 4-8-63 PROPOSED ANNEXATION Pass -Covina Road Page Forty -Three Mr. Phillips I represent a few of the property 551 North Pass & Covina Road owners in this immediate area of about 5 acres. It is our desire to be annexed into the City of West Covina, preferably with interim zoning. We have submitted maps showing this general area and the pro- posed layout development of this area we are annexing into the City. I would like to have the Council, if possible, study this area and give us an answer as to whether or not they think it is feasible to be annexed into the City. Mayor Barnes: You mentioned interim zoning. What type of zoning did you mean by this? Mr, Phillips: In other words, we have a parcel of land here that we feel is feas- ible for some commercial and some R-3 and R-4 zoning as set forth on the maps we have presented. We would like to have this type of zoning if we are annexed into the City. Councilman Heath: Mr. Phillips has given me a map outlining the area. I went down there the other morning, to look the area over. I was in hopes tonight that we would have -five members of the Council that I could present this to previous to our meeting. I think it is well worth while for the Council to look into. It is an area surrounded by some small but very nicely kept homes. I wouldn't be ashamed to have those homes across the street in the City of West Covina anyplace. I would like, Mr. Mayor, with your approval, next Monday night I presume we'll have a study session because we aren't covering our program very well, and when the full Council is here, I would like to show them this map to review and possibly not to commit themselves because it is impossible to commit yourselves outside of a public hearing. They might give an indication of whether this man would be wasting his time or not trying to come into the City. Mayor Barnes: perhaps I would .like to go would both have the benefit give the Councilmen advice In as much as I am the other half of the annexation committee, I think down with you and view this area so that we of looking at it together, as we can always on this. Mr, Phillips: I would appreciate it, Mayor Barnes if you and Mr. Heath would take a look at the property and if there is any questions I can answer, I cer- tainly would be happy to do so. We feel that the property is right for annexing into the City. We have some large lots that are adjacent to Valinda, I don't know whether there is a town called Valindao Cer- tainly the.town of I,a.Puente can't get to it, The City of Industry doesn't want it for their own personal reasons. We prefer to be in the City of West Covina if we possibly can. WEED PROBLEM Mr, John Hiatt 322 Campana Flores For the last ten years, I cleaned up'the weeds around my property, as well as other property owners around me. They put the sign on my property and we have to get this done. It comes out to the street. The City doesn't take care of their part. I would just like to'see if someone can't do something with oil, etc. along there. I put in approximately $40 worth of crushed -43- Co Co 4-8-63 WEEDS - Continued Page Forty Four Mr, Hiatt - Continued: rock to try to keep the weeds down. I'm getting older now, and I can't do it. I wondered if the City can't do some help along that line. There is also some other property out there that needs taken care of that is on City property. HOUSTON DEEDS Mr. Hiatt: I was in Covina tonight on another matter and I arrived too late on the Houston matter, I spent the day at the Title Company. Our Title is now at the escrow and tomorrow we will have the copies made. I would like to present you with a copy and the Council if someone is in doubt about it. All the restrictions regarding the property on the four lots have been removed from the Title Company, The Title Company informed us today to go ahead, that there is nothing that can be done on it. I was in here tonight, in time to hear Dr. Snyder say that he passed it up because he didn't have something that he wasn't sure about. I just wondered what information I could get for him to make sure that he knew there wasn't any. , , Mayor Barnes: What is the name of this Title company? Mr, Hiatt: The Title Insurance & Trust Co. • Councilman Heath: I would suggest, Mr. Hiatt, that if you would have this information available, that you get over to Mr. Ebiner°s office the first thing in the morning and show it to him before he starts going into some action which is going to cause you more delay, Mr. Hiatt: I saw him outside here tonight and showed him this. I told him that anything we can do to help him explain to the present owners of the property, if they want to go ahead and get an injunctioiL 1 hate to see these people spend their money for something that won't help them out any but if a junction comes in, we want a $100,000 bond and $300 a day damages for the stoppage of the work, Mayor Barnes: I wonder if you would make a copy available to Mr. Aiassa and the City Attorney. Mr, Hiatt: I will be happy to. I would also like to say further that Mr. Seth Colver, Mayor of Covina, handled all our title work and is formally with the Title Company and one of their chief law officers. Everyone is concerned in concurrence with it. Is WRITTEN COMMUNICATIONS CITY ATTORNEY ORDINANCE No. 788 ADOPTED The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEN- DING SECTIONS 9218.3 AND 9218.4 OF THE WEST COVINA MUNCIPAL CODE RELATING TO THE REJECTION OR AP- PROVAL OF PRECISE PLANS OF DESIGN" -44- Co Co 4-8-63 Page Forty -Five CITY ATTORNEY - Continued Ordinance No. 788 - Continued: Motion by Councilman Snyder, seconded by Councilman Heath and car- ried to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Snyder that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Said Ordinance was given No. 788, ORDINAN NOo 789 The City Attorney presented: ADDOO TED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEN- DING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREM- ISES"(ZC No. 250-Richard No Scott) Motion by Councilman Heath, seconded by Councilman Snyder and car- ried to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Snyder that said ordinance be adopted. Motion passed on roll call as follows: • Ayes: Councilmen Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Said Ordinance was given No. 789. ORDINANCE NO. 790 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEN- DING SECTION'4102 OF THE WEST COVINA MUNICIPAL CODE PROHIBITING THE FLOWING OF WATER INTO PUBLIC STREETS" Motion by Councilman Snyder, seconded by Councilman Heath and car- ried to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Snyder that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Snyder, Mayor Barnes Noes: None Absent: Councilman Jett, Towner Said Ordinance was given No. 790. ORDINANCE NO. 791 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 2709 AND 2710 OF THE WEST COVINA MUNICIPAL CODE RELATING TO PURCHASE AND CONTRACTS FOR SUPPLIES, SERVICES AND EQUIPMENT" -45- • • Co Co 4-8-63 CITY ATTORNEY - Continued Ordinance No, 791 - Continued: Page Forty -Six Motion by Councilman Heath, seconded by Councilman Snyder and carried to waive further reading of the body of the ordinance. Motion by Councilman Snyder, seconded by Councilman Heath that said ordinance be adopted. Motion passed on roll call as follows: Ayes„ Councilmen Heath, Snyder, Mayor Barnes Noes: None Absent: Councilmen Jett, Towner Said Ordinance was given No. 791. ORDINANCE INTRODUCTION (2nd Reading) HELD OVER The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE STANDARD SPECIFICIATIONS FOR STREET IMPROVEMENTS TO REDUCE THE REQUIRED WIDTH OF SIDEWALKS IN RESIDENTIAL AREAS" Motion by Councilman Snyder, seconded by Councilman Heath and carried that said ordinance be Held Over until the next regular meeting, April 22, 1963. ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC NO. 251 - Kaplan) Motion by Councilman Heath, seconded by Councilman Snyder and carried to waive further reading of the body of the ordinance. Motion by Councilman Snyder, seconded by Councilman Heath and carried that this Ordinance be introduced. ORDINANCE INTRODUCTION The City Attorney presented: t1AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING ORDINANCE NO. 783f1 (ZC 244 - Diedrich) Mr, Williams: This was the Diedrich property. There was an exception contained in the description that is suppose to cut out the Union Oil Station from the part that was rezoned. The exception was not correct. This amends it to describe exactly the bounds of the Union Oil Station, ex- cluding the Union Station, Motion by Councilman Snyder, seconded by Councilman Heath and carried to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Snyder and carried that this Ordinance be introduced. • 0 • Ca Co 4-8-63 CITY ATTORNEY - Continued ORDINANCE INTRODUCTION Page Forty -Seven The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEN- DING THE WEST COVINA MUNICIPAL CODE TO ADOPT A NEW ZONING MAP AND TO AMEND AND REPEAL CERTAIN SECTIONS OF SAID CODE PERTAINING THERETO" Mr, Williams: This ordinance would repeal some 75 sections of the present munici- pal code occupying some 40 or 50 pages meaning all of the zone changes that have been made since the code was adopted. By adopting a new map which has just been prepared by the Planning Department and is now up to date and if at this moment we adopt this map it changes no zone. It only shows them the way they are as today. We adopted the map.and re- pealed the 40 or 50 pages of zone changes. Mayor Barnes: Is this potential zoning? Mr, Williams: No, All this does, the -map that is in your book now is the way the zoning was three years ago. We have had 75 zone changes since then. This map merely shows the changes these ordinances have made. We will now scrap all the 75 Ordinances and adopt the map that is up today. This will have to be published in the newspaper. Motion by Councilman Heath, seconded by Councilman Snyder and carried to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Snyder and carried that this Ordinance be introduced. CLAIM Councilman Heath: Is J. Field an employee of the City? Mr, Aiassa: He is the Recreation Leader for Parks and Recreation Department, Councilman Heath: Mr, Field was at Rowland School instructing the boys how to play hockey. They had this disk used for a puck and when the instructor lifted his stick, it somehow hit this child in the mouth and broke the tooth off at the base. They had to take out the rest of the tooth, replacing it with a false tooth. There is $250 Services. Now they want $5,000 damages. Councilman Snyder: We haven't seen this claim as yet. There is a calculated risk in sports but in the high school now they have an insurance program. I was wondering if the boy being a certain size, if they are going to participate in the City Recreational Program,. that they shouldn't be required to have insurance. Mr. Williams: I would forward the claim to our insurance company and we may have more than one, because there may be special.insurance in this Recrea- tion Program, and request them to advise us whether or not they want us to deny the claim: -47- Ca Co 4-8-63 CLAIM - Continued Page Forty -Eight Motion by Councilman Heath, seconded by'Councilman Snyder that the claim be forwarded to the Insurance Company requesting them to ad- vise us whether or not they want us to deny said claim for $5,000 • against the City. n U 0 Councilman Snyder: As a matter of information, do we have special insurance on Recreation? Mr, Aiassa: Yes, we do. CENSUS Mr, Flotten: The Division of Finance has the cost of the census. We now have the agreement and the cost will be $325.00, the same charge that was set up for the previous population of 50,000 to 74,999. Mayor Barnes: Three years ago we asked about a special census. Each year, Mr. Aiassa has recommended that we do this with the State. Last year, Mr. Aiassa said perhaps next year. What is your recommendation this year? Mr, Aiassa: For the Council's information 8 I think our estimates from the finance department have been quite accurate minus the discrepancies. I think to justify $8000 or $9000 on a special census, I would sug- gest we go one more year, then next year budget for the special cen- sus. Councilman Heath: Do we find out that the money we get back will pay for the $300? Mr. Aiassa: No, This is the special census which cost $8,000. They are more accurate because the State has all the statistics. They are more ac- curate than the Regional Planning Group -as a rule. Mayor Barnes: Mr. Aiassa: just as good as a special census° gas tax monies, etc. Several years ago it paid us to go to a special census because we were growing so fast, We weren't permitted several years ago to use this medium. This is They give us all the same credit, Councilman Snyder: Is it worth it to go to State Fi- nance? The difference is its going to where we spend $8,000 or $10,000 to have an exact count. We may lose. Motion by Councilman Heath, seconded by Councilman Snyder that the Mayor and City Clerk be authorized to sign an agreement for a population estimate in the amount of $325.00. Councilman Snyder: Mr. Aiassa: Is this going to carry us through until the next general census? No. Councilman Snyder: We probably will need a special census. -48- Ca Ca 4-8-63 CITY CLERK'S REPORTS PROPOSED ANNEXATION TO CITY OF INDUSTRY - SOUTH OF VALLEY BLVD. 40 Mr. Flotten: PAWN SHOP Mr; Flotten: Councilman Heath: Councilman Snyder: r� U Page Forty -Nine This is for your information. This is a request for the operation of a Pawn Shop, Why did he write this to the Council? Is there anything in our zoning re- garding Pawn Shops? Mayor Barnes: Is there any recommendation to the Planning Department before we refer it to them? This is a request for a Pawn Shop. It could be within a building that we already have. The reason why I question why we should refer it to the Planning Department because it is a Planning item, Councilman Heath: What is the purpose of sending it to the Planning Commission? Mr, Aiassa: It is part of a zoning requirement. If it is in any building, it is still going to require zoning. Mr, Williams: Actually, the problem is not zoning. The problem is a busi- ness license. I understand that there has been expressed in the law or at least its policy that before any license has been issued for any types of businesses like a Pawn Shop, you have to get Council°s permission, Councilman Heath: Councilman Snyder: Mr, Williams: Councilman Snyder: Mr, Aiassa: Well, then I think we should do that here. I don't see why it should go to the Planning Commission, We are setting the policy. What type of zoning does this type of business go into? I doubt whether it is mentioned anywhere, but it would fit into zone,and related to commercial. Is there any police problem? Yes, there is, Mr; Williams: You could deny a business license. Councilman Heath: On what basis would we deny it? Mr. Williams: I am sure your ordinance does. I know Azusa°s ordinance states that before a business license is issued for a Pawn Shop and certain other types, a permit must be obtained from the City Council and be- fore issuance, the Council shall ascertain whether or not the public good would be served, -49- Co Co 4-8-63 CITY CLERK'S REPORTS - Continued Pawn Shop - Continued: Page Fifty • Mr, Williams -continued: The last one they had was a fortune teller. This is the same thing. You don't issue a fortune teller license, you go before Council to obtain a permit and they never give it. Motion by Councilman Heath, seconded by Councilman Snyder that the application for Pawn Shop in the City of West Covina be denied as this is not in the public interest. LION S CLUB AUCTION Mr. Flotten; I have a request from the Lion°s Club to conduct an auction in the Alpha Beta Parking Lot on May 18th, 1963. They had the same thing last year. Motion by Councilman Snyder, seconded by Councilman Heath that the Lion°s Club application to conduct an auction in the Alpha Beta Parking Lot on May 18th, 1963 be approved subject to all conditions pertaining to auctions, L.A. COUNTY ASSOCIATION FOR MENTAL HEALTH CAMPAIGN Mr. Flotten; I have an application from the L.A. Co. Assoo for Mental Health to conduct a campaign from May l to May 31, 1963. They have this drive every year. This will be handled through coin containers. Motion by Councilman Snyder, seconded by Councilman Heath that the application for Los Angeles County Association for Mental Heath con- ducted from May 1 to May 31, 1963 be approved, SCOA CIRCUS April 17-22, 1963 Mr, Flotten: We have had quite a few of these with respect to Scoao They seem to be alright but they are always about two weeks too late in sending in their application. This is a small circus and amusement rides, T.V. personality appearances. There are no carnival games, but there are six kiddie rides and approximately nine adult rides. This is going to be located on the west end of the Parking Lot across from the hospital from April 17th to April 22nd, 1963. Motion by Councilman Heath, seconded by Councilman Snyder that Scoa • be given permission to hold their circus from April 17 to April 22, 1963 subject to the approval of all the necessary departments. -50- LJ r1 L.J Co Co 4-8-63 CITY CLERK'S REPORTS - Continued LICENSE REPORT Mr, Flotten PROCLAMATION OF PAINT UP CLEAN UP FOR MONTH OF MAY APPROVED HIRE A VET WEEK May 12-18, 1963 APPROVED MOOSE HEART MONTH APPROVED Mr. Flotten: CITRUS GUILD OF MUSICAL ARTS Mr, Flotten: Page Fifty -One The License Department reports, ending March, there were 1,321 licenses issued totalling $59,462.90. So proclaimed by Mayor Barnes So proclaimed by Mayor Barnes This is an application from the Supreme Lodge of the Loyal Order of Moose to declare the month of June as Moose Heart Month, So proclaimed by Mayor Barnes The Council has copies of this letter from the Citrus Guild of Musical Arts, Ma=yor '&arnes I think this should go to Recrea- tion and Parks Commission first, We do support the San Gabriel Valley Symphony Association which we donate to. Motion by Councilman Heath, seconded by Councilman Snyder that the Citrus Guild of Musical Arts request be referred to the Recreation and Parks Commission for their comment and recommendation. INITIATIVE PETITION OF CITY MANAGER Mr, Flotten: This is a notice of Initiative Petition, A notice of intention to circulate an initiative petition for the adopttion of an ordinance relating to the recruitment, removal and duties of the City Manager, Mayor Barnes: Do we take any action on this, Mr. Flotten? I think that we accept this or acknowledgement and feel that this is the right of the citizens to initiate such a petition. It is perfectly acceptable and I think, on their own initiative, this is something that is a democratic way of life. I think this is the way it should be done. Mr, Flotten: I, as City Clerk, officially accepted this petition. -5'1- 0 • C. Co 4-8-63 CITY CLERK'S REPORTS - Continued INITIATIVE PETITION - Continued: Mayor Barnes: Page Fifty -Two Do you need a motion on this, Mr, Williams? Mr. Williams: They have to file a notice.21 days before a petition can be circulated. If 15% of the registered voters sign"the petition, then it goes on the ballot and there is an opportunity to file pros and cons Councilman Snyder: Does it have to go on the ballot or can the Council accept it with- out a ballot? Mr. Williams: You either pass the ordinance as they draw it or put it on the ballot. Mayor Barnes: Mr, Williams, does this go on the general election or on a special ballot? The 29th of this month will be 21 days from now, Mr, Williams: This depends upon when it is filed. I think the provision is as you suggested it depends on how soon the general election will occur after the filing of the petition. I would j u d g e from the time of the year we are in now a general election will be necessary, Councilman Heath: Councilman Snyder: .1 Mr. Williams: Mayor Barnes: Mr, Flotten: Mr, Williams: Councilman Heath: Mr, Williams: M W D LETTER That will be $8,000. I understand this is 21 days from the time of the actual file date. That's right, It dates from the publication of the notice, . Then that would be the 25tho If there was only 10% of the voters does this still hold? If it was only 1.0%, I believe you hold it to the next general election then. You can have either.10% or 15%? That's correct. Mayor Barnes: I received a letter from the Metropolitan Water District in • answer to my letter of April 2, 1963. Will you read,the letter, Mr, Flotten? Mr, Flotten read letter as follows: -52- C. Co 4-8-63 M W D LETTER - Continued; "April 4, 1963 Page Fifty -Three • "Dear Mayor Barnes: "Replying to your letter of April 2, 1963, it is my understanding after conference yesterday with Councilman death, that the City Council, at its meeting on April 8, will be asked to adopt a reso- lution requesting Metropolitan's Board of Directors to extend the date by which the area of the City of West Covina not now in Met- ropolitan, together with adjacent territory now outside of Metro- politan, might be annexed concurrently to Upper San Gabriel Valley Municipal Water District and to Metropolitan on terms and condi tions which would include the application of the "historical method" of computing Metropolitan's annexation charges. The resolution. would express the City's intention to proceed in good faith tc negotiate with the Upper San Gabriel Valley Municipal Water District and Metropolitan the terms and conditions for such concurrent an- nexation. Upon adoption, a copy of this resolution should be fur= nished to Metropolitan and the Upper San Gabriel Valley District, and a conference should be arranged with Messrs. Carl Fossette and Ralph Helm, the General Manager and Attorney, respectively, of the Upper San Gabriel Valley District, as to the steps required to ac- complish the concurrent annexation. Such conference will. be nec- essary at the outset, as the handling of the proceedings would be the basic responsibility of the Upper San Gabriel Valley District and its attorney. Among the initial steps would be the preparation of a petition containing an adequate boundary description. Before circulation to obtain the signatures of registered voters within 40 the area sought to be annexed, the petition and boundary descrip- tion should be reviewed and approved by the engineering and legal. Staffs of both Districts. /s/ Joseph Jensen, Chairman" Mayor Barnes: Thank you Mr. Flotten, Council- man Heath attended this meeting with MWD on the 3rdo Councilman Heath: I have been to three of them, including the one this after- noon, Metropolitan Water District is desirous of us showing our good faith in attempting to annex into their district. If we show good faith they will then present to their Board a request to extend the date under which we can enter on the historical plan. In the meeting this afternoon they attempted to establish that date. They ran into a snag. They would like to make the date the same for West Covina, San Gabriel Valley Municipal Water District and for San Bernardino, The purpose of their business was a resolution passed by the Upper San Gabriel Valley stating that they would be willing to have the San Gabriel Valley four cities join with certain provisions. One of the provisions being that the four cities of the San Gabriel Valley disband their district prior to annexation so that there would be only one dis- trict in the Valley. It was pointed out that this is not as easy as it seems because in order to abandon or disband a district they must first have a vote of the people and to arrange the vote of the people, etc. would take possibly as long as the end of this year. It would be after the disbanding that the action for annexation would permit, therefore, it was felt by the Metropolitan that it would be foolish to extend the date until December 31 if one of the requirements were that the four cities disband. It was decided today to have a meeting with the four -53- C a C o 4-8-63 Page Fif tyFour CITY CLERK'S REPORTS - Continued M W D LETTER - Continued: Councilman Heath - Continued 10 cities and the Upper San Gabriel Valley and the Metropolitan to discuss this. Therefore, since the Metropolitan wants to furnish the same date to the four cities and to West Covina and San Bernardino there was'no date set for extension or recommended for extension today. The recom- men ation on the date to which there will be an extension will have to' - be held off until the May meeting of the Board -of Directors of'the Metro- politan. However, in the meantime, Metropolitan Water District has -asked us to show our good faith by: la Adopting a resolution that we are in favor of annexing and are pursuing every step that we can; 20 That we hire a concern to establish our assessed valuation based on certain dates which Metropolitan will give us; 3. That we will draw our boundary dis- cription; 4. We will pursue our letter to the Upper San Gabriel Valley District by having a meeting with Mr. Faucette and Mr. Helm and members of our Council; 5. That we attend another meeting with the Metropolitan representatives and the Upper San Gabriel Valley represen- tatives. They were in hopes that we pass a resolution tonight. Under such a short notice, I think we will have to instruct the City Attorney to draft this resolution and possibly can pass it next week or the week after. I think before we have the City Attorney draw up this resolution we should instruct him on how firm or how soft we want to be on our re- solving. Metropolitan wants us to form a resolution specific, emphatic determination that we are pursuing annexing to the Metropolitan Water District only and that we're not "flirting" with the State and the four • Cities,, I think it behooves the City Council now to instruct the City Attorney on how firm a resolution they would like him to draw up. Mayor Barnes: It seems as though the Metropolitan Water District wants us to join the Upper San Gabriel Valley Muncipal Water District with both ends open, so to speak at our request and I don't know yet, as I still haven't had an answer to our letter from the Upper San Gabriel Valley Municipal Water District, so I don't know at this time what type of agreement or excep- tions we would have to make to the Upper San Gabriel Valley Municipal Water District. This is one of my questions that hasn't been answered by the Upper San Gabriel Valley Municipal Water District to this date. Councilman Heath; The resolution that was read today formed by the Upper San Gabriel Valley Municipal Water District stated that the four Cities could join the Upper San Gabriel Valley Municipal Water District with certain stip- ulations and it was felt that these stipulations would also apply to the City of West Covina in phases. Mr, Williams: Actually, Coun3lman Heath, the resolution doesn't name the four cities. It simply states any area in the San Gabriel Valley. In the terms that are in.that resolution are the terms that Mayor Barnes has just asked for, One of the conditions was the one that you mentioned that any area to be annexed at the time of annexation must not be a . part of any other Municipal Water District. The other provisions were that the area to be annexed shall be taxed to make up for the same taxes they would have made, had they been in the Upper San Gabriel Valley Municipal Water District. Taxes or contributions or expenses they would have paid had they been in the Upper San Gabriel Valley Municipal Water District since it was formed. These taxes would have been levied in one year by district - three cents. This is not a large amount. - 54j- Co Co 4-8-63 CITY CLERK'S REPORTS - Continued Page Fif ty Five M W D LETTER - COUNCILMAN HEATH'S REPORT - Continued: Mayor Barnes: The other provision was -that the district annexing would 10 deposit the amount paid for the election and that if the election succeeded the deposit would be returned. But, if'the election failed, the cost would be paid and the balance, if any.would be returned. Mr, Williams: I don't know if the City of West Covina can do that or not. Mayor Barnes: Because we are not in the district, is this the reason you are saying this, Mr, Williams? Mr. Williams: Yes, The whole thing would apply to West Covina, Mayor. Barnes: You aren't sure whether we can do this as a City because we aren't in the District, is this it? Mr. Williams: No. As to this City, that condi= tion is fulfilled already. True, part of the City is in this district but it didn't say City, it said area to be annexed shall not be. Obviously we don't annex the part that's already in we only annex the rest. That condition is no problem • to West Covina. It is a problem to the other four cities which, as Councilman Heath stated, has a bearing on the length of time of .this extension. Mayor Barnes: I heard quite some time ago, and. I have always wondered about it and that is: when a district is formed and the older district, I understand takes precedent over the other district as far as name is concerned in a district to annex to any district. In other words, the San Gabriel Valley Water District being formed first would take prece- dent over the Upper San Gabriel Valley Municipal Water District as far as name is concerned. Is this true? Mr, Williams: That would be true if they over- lap. If the total boundaries were coterminus, one would merge in the other and the first one would take precedence. Mayor Barnes: In annexing through a district, I'm speaking of, if one district was to annex to another district, the older district would take pre- cedent, is this true? This was the determination some years ago, Mr, Williams: Yes, but that isn't the way it would work. There are two ways. The San Gabriel Valley District could consolidate to the Upper San Gabriel Valley Municipal Water District, in which case the older dis- Is trict would be the survivior and the name would remain. But that's not what is proposed hereby Metropolitan. Now the Upper San Gabriel Valley District is a little fuzzier in its thinking with Metropolitan. There is no law that a given area cannot be in two districts at the same time (two Municipal Water Districts). M W D's thinking is that the cities that are in the Upper District all or part (hoping all) will annex in the Upper San Gabriel Valley District, They will still be in the San Gabriel Valley District. The San Gabriel Valley Water District will take no steps at all. Its territory will annex to the -55- r1 • Co Co 4-8-63 Page Fifty -Six CITY CLERK'S REPORTS - Continued Councilman -Heath's report on MWD - Continued: Mr. Williams - continued other district. The territory then will be in both districts. Then they will disolve the San Gabriel Valley District. Mayor Barnes: How will this affect West Covina? Mr. Williams: It won't affect West Covina at all except that in computing the time to extend the historical formula, MWD will have to know what the pro- cedure will be. If they fixed the time for West Covina alone easily but as long as it has to correspond with the San Bernardino and the other four city.districts, they have to compute the time it would take to do these things, Mayor Barnes: In other words, it is your thinking, if I gather it right that West Covina has no real standing so to speak, because we have to wait for the other. district in San Bernardino anyway. Mr, Williams: That is true except that there may be some reasonable urgency in adop- ting the resolution of intention because this indicates that you are not delaying. Up until now, they felt that it was reasonable to delay to see what happened on the vote of the Upper San Gabriel District. Now, I think, within a matter of weeks, the resolution should be adopted. However, I believe they indicated that we could put in the resolution certain outs, for example, that this commitment is conditioned on ob- taining reasonable annexation term from the Upper District. Mayor Barnes: May I have your recommendation and pleasure, Councilmen? Councilman Snyder: Do we have any figures yet as to the difference in cost. Has this been resolved? Councilman Heath: It would be cheaper to go to Upper San Gabriel Valley because the annexation charges to Metropolitan themselves are to be the same in both ways. The Pomona is an older district and their annexation charge will be much more than the new district. Councilman Snyder: Where is Montgomery's report in error? Mr, Williams: At the time he made the report, the Upper San Gabriel Valley Dis- trict was not part of MWD. If we had annexed to the Upper San Gabriel Valley District and in turn that district annexed to MWD, our cost. would be higher because the tax would be computed over the entire San Gabriel Valley. West Covina would not have been treated separately as a City. Whereas now that the Upper District has annexed to MWD, when we annex now just as West Covina and we don't annex as part of the overall district we get the advantage of the very low assessed value that West Covina had when you go back ten or fifteen years. Mayor Barnes: You are talking about 1929 when our assessed valuation was the area alone. Councilman Snyder: I don't completely understand it, -56- C o C o 4-8-63 Page F"if ty-Seven CITY CLERK'S REPORTS - Continued COUNCILMAN HEATH S REPORT ON MWD - Continued: Councilman Heath: The way Montgomery was talking, 10, West Covina would be combined' with the Upper San Gabriel and come* up with a certain amount West Covina would be combined with Pomona and come up with a separate amount. Councilman Snyder: We have figures in there both ways; if they were members or if they were not members. Councilman Heath: That has nothing to do with what Mr. Williams was talking about. Mr, Williams: Yes, it does, but he didn't, I think, have them both ways, Coun- cilman Snyder. He had figures for this: we annexed to the Upper San Gabriel Valley District, then the Upper San Gabriel Valley District annexed us to MWD. He did not have figures for Upper District annexes to MWD then we annex to the Upper District. That would be exactly the same as the Pomona Valley figures except for the difference in the Municipal District's Annexation Charter. MWDBs would be exactly the same. Mayor Barnes: The fact is, we are in a better position now because annexing alone as West Covina taking the assessed valuation back to 1929-when •the littleassessedvaluationsatlthat time only' West Metropolitan, asCovina had very y farm land. Then, as you come up, it started developing'around 1949 and'using this his- torical method we are getting in, as far as I'm concerned, much bet- ter than we would otherwise, Mr, Aiassa: Councilman Heath: I think Montgomery's report helped this because we use threatened tactic of a possible Pomona Valley Water deal. I don't think it helped us a bit. We still won't use it. Mr. Williams: The Pomona Valley people didn't appear very anxious to have us come in even the other day just before that meeting. Motion by Councilman Heath, seconded by Councilman Snyder that the City Attorney be instructed to draft a resolution showing our intent to pursue diligently the annexation to the Upper San Gabriel Valley Municipal Water District and consequently the Metropolitan Water Dis- trict. Councilman Heath: At our last meeting, we authorized the City Attorney to draw the boundaries of the area to be annexed to the Upper San Gabriel. If we didn,t, I was going to make another motion. This is the one that takes about three sentences. Mr, Williams: I hope it does. Of course, I have to check with MWD first. I have to see the map. In fact, the easiest thing is to call Ralph Helm, -57- • Co Co 4-8-63 CITY CLERK'S REPORTS - Continued Page Fifty Eight COUNCILMAN HEATH'S REPORT ON MWD - Continued: Councilman Heath: You will probably run into trouble Mr. Williams, on the Galster'Brutoco Tract and possibly two small annexations over the east end of town, Councilman Snyder; Those two southerly ones were in. Mr. Williams: Not if we do it the way -I hive in' mind. We wouldn't follow the'City Boundaries, we would just follow the Pomona Valley on the east and on the South and the Upper San Gabriel on the west and on the north, Councilman Heath: You might check that to see if they included the Brutoco development and the two small annexations on the east side of town. Mr, Williams: It doesn't matter, because if they '' didn't, we would include them anyway. Councilman Beath; I would like to move that the City Clerk and Mayor Barnes be authorized to enter into an agreement with (left name of company blank as the names of three companies recommended were not here) for the determination of the certified assessed valuation of the area to be annexed on the years that are specified in the letter coming from Metropolitan Water District within the next few days, Mayor Barnes: I have a letter to this effect. They did state the years that they thought it would be, Councilman Heath: Tomorrow they are going to verify these years and a letter will be sent to us at that time. Mayor Barnes: Councilman Heath, how can we act on a motion when we don't know the names of these companies. We would like to know these, too. Councilman Snyder: How much County territory is in- volved here? Is it entering into a financial arrangement here, where it would affect paying a bill for the County territory, Mayor Barnes: No you're not. They will pay their own bill. Not on an assessed valu- ation, Councilman Snyder: No, On determining the assessed valuation. Let's just say the vote doesn't go through. Councilman Heath: I think that you'll find that there won't be any County Territory, very little, if any. • L� Co Co 4-8-63 Page Fifty -Nine CITY CLERK'S REPORTS - Continued COUNCILMAN HEATH'S REPORT ON MWD - Continued: Mayor Barnes: I doubt it, because they annexed everything outside our City Boun- daries, The fact is, the two small annexations to the south and west were in this last election, Mr, Williams: In the Upper San Gabriel Valley District, when it formed, it came right up against our boundary. Motion by Councilman Heath, seconded by Councilman Snyder that the City Clerk and Mayor Barnes be authorized to enter into an agkeement with a suitable company for the determination of the certified assessed valua- tion of the area to be annexed on the years that are specified in the letter coming from Metropolitan Water District within a few days. Mr. Aiassa: Mayor Barnes: Mr, Aiassa: Mr. Williams: Mayor Barnes: Mr. Williams: Aren't you going to get some ten- tative cost estimates? I don't think you can from a company like that. They give service. You have no budget and it is unappropriated. I think the Upper District could be made to bear these costs. Do we have to move on this? Right at this minute? This part? We don't have a water system. Motion by Councilman Heath, seconded by Councilman Snyder that the last motion be recinded, Councilman Heath: I wonder if we can get the Upper San Gabriel to pay for it, Mr, Williams: I think we should, It is a little different with a City that has a water system but why should West Covina pay for this. We had nothing to do with this as a City. RALPHS ZODYS Left Hand Turn HELD OVER AL HANDLER LETTER HELD OVER STUDY SESSION WITH PLANNING COMMISSION R-2 R-3 Changes The Traffic Committee will have a report for the next meeting. City Clerk instructed to send copies of letter and to read same at the hearings. Councilman Snyder: Are we going to have a study session with the Planning Com- mission on this R-2, R-3 changes before the meeting? -69- C. C. 4-8-63 Page Sixty STUDY SESSION - Continued Mayor Barnes: We are but I have some other things I would like to get on • first. Councilman Snyder: We requested the staff to send us their reasoning on the changes be- fore the Study Session. Councilman Heath: I made my recommendation on"it, but I think you should get a citizen's proof of it or a builder's to review this first. Councilman Snyder: The only reason I would like to have this before the study sessions is that we can be more informed, Mayor Barnes: Perhaps at the study session, this can come out. I think this would be better. Councilman Snyder: That is reset for hearing the 22nd. We are going to have it this week or next. Mr. Dosh: Mr. Joseph told me today that the Planning Commission is ready to meet with you when you are ready. iMayor Barnes: I don't want to be in any rush on this if I have to postpone it again. Regarding this R2, R3 and R4, I want to take a good long look at this. I read it and there is a lot of things that I don't agree with and I don't think we can do it in one evening. Councilman Snyder: I think we have to get more in- formation now and I doubt very much that we will be ready on the 22nd. The other thing is, they had minutes that were lengthy on the March 7 League of California Cities. There are several recommendations on the Assembly Bills, etc. I also would suggest we all get a copy of these minutes as there are quite a few recommendations. MAYOR'S REPORTS RESIGNATION OF CLYDE SHIVES Mayor Barnes read letter of resig- nation from Clyde Shives effective May 2, 1963. Motion by Councilman Snyder, seconded by Councilman Heath to authorize City Clerk, Mr. Flotten prepare two resolutions commending Mr. Shives and Mr. Pittenger for their services on the Personnel Board. 0 LTR FROM MAYOR OF SACRAMENTO Mayor Barnes read letter addressed to the Honorable Mayor of Sacramento dated March 30, 1963 as follows: Co Co 4-8-63 Page Sixty -One MAYOR'S REPORTS - Continued, Ltr From Mayor of Sacramento - Continued: "Contemplating to settle in California for retirement -.years, West • Covina has been highly recommended as a very nice place to settle." It will be greatly appreciated if you would forward information on -West Covina as to the population, housing, conditions, food and clothing stores, recreation facilities and any other pertinent facts.' Thank you for your early reply, Yours Truly, Mr. & Mrs. Ea Jo Massy". Mayor Barnes: They sent this letter to the Mayor of Sacramento, and I thought it was rather nice of the Mayor of Sacramento to forward this on to me and that West Covina is getting some notice in other areas that it is a nice place to live. With your permission, I would {like to answer this letter and also any information that the Chamber of Commerce has, per- haps I can get together with them, or -a representative of the Chamber of Commerce, Mr, Wax, and possibly send these people the information that you have. This letter is from North Carolina. BILLS ON BILLBOARDS This was held over until the next HELD OVER meeting of April 22, 1963. COMPLAINT ON TRUCK PARKING Pacific, Holt and Orange Mayor Barnes: Three times I have asked for this, and still there has been nothing done about it. At the end of Morris Avenue, on Pacific, Sunday, there is E1 Monte Trucking Company, two truck and trailers loaded with cement parked on that lot. Also a Mayflower Van Truck and Trailer, a tractor with a bulldozer on the front of it and the trailer for carrying this tractor. This is all within this residential area. Can't we post this street 'No Parking'? We have a ten foot right of way, Mr, Williams: Mayor Barnes: partment and give these men tickets. the policy in doing this. This is a the City's right of way and if that Councilman Heath: Mr, Williams: • Councilman Snyder: Mr, Williams: It is illegal to park commercial vehicles. I think there is a way we can do it and that is by the Police De - I think the Council should set residential area. They park on is the case, you can ticket them. If.that is private property, it belongs to the State. Let's get the State in here to do something about this. I think this is a violation of the zoning ordinance without knowing further. This is the owner's liability, not some truck driver that comes along. If the truck driver is parking without the owners consent he is trespassing. sm e Ca C. 4-8-63 Page Sixty -Two MAYOR'S REPORTS - continued TRUCK PARKING COMPLAINT - Continued: Mr, Williams: We could file a complaint of • trespassing, If it is a viola- tion of law, you don't have to have the owner file. It is a viola__. tion of law to trespass on private property without the owners'consento If it is with the owners consent, the owner is violating the zoning ordinance. So one way or the other it would be a violation. Mayor Barnes: Will you investigate this along with our City Manager and find out what could be done. I hope the rest of the Council feels the same as I do on this. VERN COX ESTIMATES Mayor Barnes: We have had two estimates from Vern Cox. One on Del Norte Park addition at a cost of $1800„ I think we estimated that at one time of $25,000. for the acquisition of this property. $18000, and then on the other addition to Orangewood Park at a cost between $1350 and $1750. This is getting to be quite a sum of money and I'm wondering if we shouldn't have some other bidders on appraisals. They seem to be bidding high here lately, Mr, Aiassa: I haven't any authorization . whether you even want to go to bid for this property, whether you are interested in buying it, Mayor Barnes: We had better bid on the ap- praisals before we decide whether we want to do it or not. Mr, Aiassa: The only question I wanted to bring up is that I just gave the figures to you so that you know we were incurring if you do go the route. Councilman Heath: I think we ought to get some bids on them to find out if we want to buy it. We have to have some ap- praisals before we can bid them. We don't want to buy them at any costa Mr. Aiassa: What I want to know is that we have no money budgeted. Mayor Barnes: We aren't going to get estimated • bids from other men without applying and we won't get into this until next year's budget anyway, Mr. Aiassa: I brought it up to give you an idea what it will cost and we would have to budget money for it. Mayor Barnes: I just feel that we need some other bidders as appraisers. -62- C. C. 4-8-63 Page Sixty Three MAYOR'S REPORTS - Continued VERN COX ESTIMATES - Continued: Mr. Aiassa: I understand what you want to say but I don't want to go ahead and invite other people to bid if we are going to hold him off for 6 or 9 months for next year's budget. Mayor Barnes: They can take it with this under- standing. Mr. Aiassa: Do you want to propose this for next year's budget? Mayor Barnes: If you have no objections, I would like to call a meeting when Council- man Jett returns of the Council only. Motion by Councilman Heath_, seconded by Councilman Snyder and carried, to call for bids on Del Norte Park addition and Orangewood Park addition. DEMANDS Motion by Councilman Snyder, seconded by Councilman Heath to approve demands totaling $83,388.70 as listed on Demand Sheets Nos. C-296, C-297 and C-298 and B-126. Total includes fund transfers of $8,269.37. • There being no further business, motion by Councilman Snyder, seconded by Councilman Heath and carried that this meeting be adjourned to Monday, April 15, 1963 at 7:30 P.M. ATTEST. El City Clerk APPROVED ayor -6.3-