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06-24-1963 - Regular Meeting - Minutesc] MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA,, CALIFORNIA JUNE 24, 1963 The regular meeting of the City Council was called to order by Mayor Barnes at 7a45 P,,M,, in the West Covina City Hallo Councilman Jett led the Pledge of Allegiance,, Rev,, Miles Acker of the West Covina Methodist Church gave the invocation,, ROLL CALL Presents Mayor Barnes,, Councilmen Jett, Snyder Others Present-. Mr,, George Aiassa,, City Manager Mr. Robert Flotten, City Clerk Mr,, Harry C,, Williams, City Attorney Mrs,, Fern Sayers Merry, City Treasurer' Mr,, Thomas Dosh, Public Services Director Mr,, Harold Joseph, Planning Director Absent; Councilmen Towner, Heath Mayor Barnes.,,I received quite a few.calls • regarding a certain matter and I believe the people here tonight have their spokesman, Mr. Charles onl y4 1 vould like, to hear from Mr. Conley at this time, Mr,, Charles Conley 1806 South Broadmoor West Covina Roger Phelps, our spokesman, has our petition which explains what we are asking for,, Mr,, Roger Phelps (Read body of petition,,) We have 1332 Winsor Street at least 200 signatures on this West Covina petition,, At this time we would like to request that the Council take immediate action to curtail any further activities by Hilton Properties within the City of West Covina pending full investigation of the allegations as set forth in the petition,, We further request that the City Council take immediate steps to investigate the possi- bility -of adopting an ordinance and code of ethics to which any realtors must comply,, In addition,, we want to state that our primary object here is to make certain that in view of the tensions that are presently confronting not only our community but the nation, that we can look forward to an integrated society without demonstration, without bitterness, and without many of the things we have seen in the newspapers recently,, As stated in the petition, we have had two negro families in our tract for at least six months and it was not until this realty agent moved in that the community has been jeopardized in its stability and its outlook towards integration,, We.are trying to approach this in a legal manner and with as much sanity as possible to prevent firms and individuals from preying upon the neighborhood and the community and taking advantage of a .very delicate human problem which faces all of use ml® Co Ca 6/24/63 Page Two . Mr,, Donald Mann On this petition you will find 1825 Broadmoor the names of both of the colored West Covina families in our community who are also opposed to this type of operation,, Councilman Snyder-. Regarding the allegations made in this petition, they are not very specific,, Mr,, Williams, could we hold up a license on the basis of this petition? City Attorney, Mr,, Williams-. I have the same feeling, that they are statements of their feelings and not statements of fact,, If these people have been guilty of violating some law other than the City ordinance, operating without a license which they would be seeking to curtail if they applied, there might be reason for refusing a license,, The license can be refused if the person has been guilty of unlawful or immoral conduct. I don't know from the statements here whether such is the case or not. I don't think anything has been presented here factually that would entitle the City to deny a license,, Councilman Snyder-. Can we legally adopt a code of ethics for the realty profession? City Attorney, Mr,, Williams: I am not certain what that means,, The City, I think, can .regulate soliciting; you can regulate the hours. I think you can regulate solicitation and even prevent solicitation if you make it apply equally to all concerned but I believe that you cannot set forth standards of conduct for the real estate business because the State has occupied the field in having set forth standards of conduct and where the State has occupied the field, the City cannot legislate,, Councilman Snyder-. I bring these up to point out the problem facing the Council regarding this petition,, I personally think the leaders of this group should present specific charges through the City Manager to the Council and I think we should accept the petition and take it under advisement but I don't feel that there is any action we can take tonight regarding this,, Councilman Jett-. I somewhat concur with Mr. Williams in that I hardly feel we would have the right to impose any restrictions upon ethics; however, I am sure that this could be covered by the California State Real Estate Commission who does have the power to police and enforce ethics. I think this is something that needs some very sane consideration and I think that we should hold this matter over until we have had an opportunity to look into it further,, Councilman Snyder-. I wish to commend this group on their initiative and foresight .in attempting to forestall what they see as a big problem. I think it can be solved with conferences with the City Manager and with the Real Estate Board and so on,, Mayor Barnes-. Mr,, Flotten, was there an appli- cation of this type taken out by the Hilton Properties? -2- C, C, 6/24/63 Page Three is City Clerk, Mr, Flotteno No there was not, As a matter of fact, last week five colored people did come in and apply for a solicitors permit, We treated them as we do all solicitors, The Hilton Properties have not applied for a business license at this time, These applicants were from Hilton Properties, We notified the Hilton Properties today warning them that they were in violation of the Code and we warned them if they continued to operate without a license that they would be guilty of a misdemeanor, Councilman Jett, City Clerk, Mr, Flotten.- Councilman Jett-. City Clerk, Mr, Flotteno Were they licensed by the State of California as licensed real- estate solicitors? I do not know, Do you ask to see their State Real Estate License? Not until they come back after being fingerprinted and checked. City Attorney, Mr, Williams-. It depends on what they are being licensed for, To be • licensed here as a real estate broker or salesman they would have to have a State license, We don't normally pass on the question of whether soliciting listings would require a State license and I don't know whether it does or not, Councilman Jett-, should be under ordinance inasmuch as State, Yes, it does under the Real Estate Commissioners' rules, I feel it this is a requirement of the Mayor Barnes.- I feel these people should not be operating without a solicitors license, I also would like to commend this group for a sane, forth- right look at the situation without being irate, Councilman Snyder.- I think the real problem is the Federal government and many local governments have bent over backwards to help certain minority groups obtain their rights and I am all for this under the law, but I think this .group has shown that they are willing to operate under the law and I think both sides should operate under the law if they are going to obtain a sensible, peaceful integration, Mr, Daniel Stuskofski I am here to speak for Hilton 1323 Wembly Properties, West Covina Councilman Jett-. Is this gentleman associated with Hilton Properties? And in what capacity are you appearing before us? Mr, Daniel Stuskofski-. As a resident of West Covina, I am not affiliated with that organization, In the petition it states that promises were made, the ignorance of the owners was taken advantage of, so on and so forth, Also it states that the Hilton Properties does not have a -3- E Ca Co 6/24/63 Page Four solicitors license, They do have a California State license that I know of,, There are many realtors operating in West Covina who do not have a West Covina solicitors license, Possibly the best thing at this time would be to make a motion to postpone this for 30 days or so until both sides have had a chance to study it, Councilman Snyder-, licensed here if they are selling some don't happen to be caught,, All realtors, whatever City they are licensed in, do have to be homes here,, It just happens that Mayor Barnes-, They did not wait for their permit,, By coming in and asking for one does not give them the right to immediately solicit. They have to wait like anyone else the time it takes to go through the different checks. Our Police Department has to check and give the City Clerk the authority to issue this license, Mr,, Daniel Stuskofski-, I was not aware of that until this very moment. I was shown the realtors license issued by the State of California,, That they have,, It was my understanding that they could operate in any part of the State,, Councilman Jett-, This is provided they conform to all the ordinances, rules and laws of the local cities, not that the State license does not permit them to go in indiscriminately in any area that they so choose without conformance to the ordinances of that municipality,, City Attorney, Mr,, Williams-, You're talking about two different licenses,, Not all real estate men solicit in the sense of going from door to door,, If they donita they don't need a solicitors license; they simply obtain a real estate license here,, If they are going from door to door asking for listings, they are doing more than engaging in the business that these other people are engaged in; they are soliciting,, Therefore, it is the position of this City that they must in addition to the business license to engage in real estate, they also must have a license under this City to solicit within this City,, Councilman Snyder-, Move that this petition be accepted and that the City Attorney be asked to study and make recommendations regarding improving the ordinance in;licensing real estate as well as other professions as related to the State licensing, Councilman Jett-, What you intend there is that we . ask for anyone coming in for solicitation that they show proof of being licensed to do this kind of work. I'll second the motion,, Mr,, Roger Phelps-, "That investigation proves that Properties" and it should read application was made by Hilton On Item 39 there is a typographical correction, The petition reads: such license was made by Hilton "That investigation proves that no such Properties,," -4- C, C, 6/24/63 Page Five • Action on Councilman Snyder°s motion-, Motion passed on roll call as follows., Ayes-, Councilmen Jett, Snyder, Mayor Barnes Noes., None Absent., Councilmen Towner, Heath City Attorney, Mr, Williams-, I think it would be desirable if it hasn't already been done, that this petition or a similar petition b.e taken to the Real Estate Commissioner and a report be made there as to these activities because if these activities are contrary to the regulations or ethics of the profession, the enforcement agency is not this City but the State Real Estate Commission, Mr, Charles Conley-, One thing we would like to have ascertained, We believe time is one of the biggest factors these people have to work with. It is a hit, run, and a quick sale and we would like some indication as to how soon we may expect positive action one way or the other on this, We feel any procrastination is detrimental to our position, Councilman Snyder., Other than to expose this to pub® • lic view, I don't think there is too much the City can do under the law to help you and I would suggest that if you go to the Real Estate Commission that you bring in specific allegations instead of general ones, Could we require them to have a State license before issuance of a license? City Attorney, Mr, Williams-, You can do that. When you say the staff shall not issue a license to any person who requires a State license unless he has one, the burden of this ordinance falls on your staff, Councilman Snyder., I don't think this should just apply to real estate. I can think of others such as contractors, et cetera, City Attorney, Mr, Williams-, I'll work on it, Mr, Charles Conley: These generalities that have been pointed out in the petition,, at any time we would be willing to be approached and give names and instances where we feel that these allegations can be borne out and full investigation will back them up, Also,, we ran across a code of ethics in the San Fernando Valley,, code of real estate ethics,, and we believe it should be investigated,, the possibility of having a local code of ethics because I am not certain that the State necessarily pre-empts any code of ethics being allowed on a local basis, City .Attorney, Mr, Williams., A law which duplicates a State law violates it. You cannot by ordinance duplicate a State ordinance, Councilman Jett., Do not confuse the local Real Estate Board code of ethics with the State Real Estate Commissioner, These are entirely two different phases where a realtor has within their framework certain codes of -5- C Co Co 6/24/63 Page Six ethics which they enforce themselves and this is not in relation to the State Real Estate Commissioners so I merely point this out so you will not become confused with the two, Any violation that you have that you present to the State, check to see that it is the State and not local, Councilman Snyder: The City Clerk has stated that they will not get the license until investigation is concluded but if they meet all the requirements, we cannot legally prevent them from getting their license, SCHEDULED MATTERS BIDS PROJECT NO, C-124 PARKING LOT PAVEMENT LOCATION: Orangewood and Walm merado Parks, Bids opened in the office of the City Clerk on June 203, 1963, as advertised, The bids received are as follows: • AMAN BROS, JASPER N. HALEY WILLIAM KIRKLAND D & W PAVING CO, BODDUM CONSTRUCTION CO, AMERICAN ASPHALT PAVING E, C, CONSTRUCTION CO, SULLY -MILLER JOHN.W+ TIEDEMANN CO, 10% bid bond 10% bid bond 10% bid bond 10% bid bond 10% bid bond 10% bid bond 10% bid bond 10% bid bond 10% bid bond $ 119106,40 112299.90 119590.35 119905,00 129013.15 129213,50 129214,70 129412,20 139929.07 Motion by Councilman Snyder, seconded by Councilman Jett, that the contract for Project No, C®124, Parking lot pavement, Orangewood and Walmerado Parks, be awarded to Aman Brothers on the basis of their low bid in the amount'of $11,106.40 and that the bid bonds be returned to the unsuccessful bidders, Motion passed on roll call as follows. - Ayes: Councilmen Jett', Snyder,, Mayor Barnes Noes: None Absent: Councilmen Towner, Heath PROJECT NO, C-167 LOCATION: Merced and Walnut STREET IMPROVEMENTS Avenues, • Bids opened in the office of the City Clerk on June 20, 1963, as advertised, The bids received are as follows: HERZ AMERICAN 10% bid bond $ 229978.30 JASPER N, HALEY 10% bid bond 239936,80 D & W PAVING 10% bid bond 249464,64 BODDUM CONSTRUCTION CO, 10% bid bond 259311,68 AMAN BROS, 10% bid bond 259635,12 SULLY®MILLER 10% bid bond 25,817,40 WILLIAM KIRKLAND 10% bid bond 302025,98 -6® • • C, c, 6/24/63 PROJECT C-167 - Continued Page Seven Motion by Councilman Jett, seconded by Councilman Snyder, that the contract for Project Cm167, street improvements, be awarded to Herz American on the basis of their low bid of $22,978,30 and that the bid bonds be returned to the unsuccessful bidders, Motion passed on roll call as follows.- Ayes.- Councilmen Jett, Snyder, Mayor Barnes Noes.- None Absent.- Councilman Towner, Heath PROJECT M. P. 6311 LOCATION.- 825 South Sunset CORPORATION YARD PAVEMENT IMPROVEMENTS Avenue, Bids opened in the office of the City Clerk on June 20, 1963, as advertised. The bids received are as follows,. AMAN BROS, AMERICAN ASPHALT JOHN W. TIEDEMANN CO, SULLY®MILLER JASPER N, HALEY D & W PAVING WILLIAM KIRKLAND BODDUM CONSTRUCTION CO, E, C, CONSTRUCTION CO, Mayor Barnes. - Alternate A Correct'i'on 10% bid bond $69908.35 $59632a05 $ 10% bid bond 7,630,15 5,695a35 10% bid bond 79689,96 5,962,04 10% bid bond 7,483,93 61l92,41 10% bid bond 7,816,60 59627,85 10% bid bond 7,925c26 6,352,81 10% bid bond 8,038,20 69043,20 69002.20 10% bid bond 8,4801,50 6,933�90 10% bid bond 81523,60 69676,70 I think if we went back later for another bid, it would cost more that it does combined, Motion by Councilman Snyder, seconded by Councilman Jett, that the contract for Project M. P, 6311 be awarded to Aman Brothers on the basis of their low bid in the amount of $6,908,359 and that the bid bonds be returned to the unsuccessful bidders. Motion passed on roll call as follows.- Ayes.- Councilmen Jett, Snyder, Mayor Barnes Noes.- None Absent., Councilmen Towner, Heath INSURANCE COVERAGE ON EQUIPMENT City owned equipment Bids opened in the office of the City Clerk on June 20, 1963, as advertised. The bids received are as follows., FARMERS INSURANCE GROUP FLOYD H, GELVIN HUMMER INSURANCE AGENCY NORTHWESTERN MUTUAL INSURANCE $446,93 initial premium 296,17 annual premium 281,86 annual premium 3030 rate for a period of 5 years, ($1980,00 or $396,00 annual,) —7— C. C. 6/24/63 INSURANCE COVERAGE ON EQUIPMENT - Continued 0 Councilman Snyder., City Clerk, Mr,, Flotten: Page Eight Are all these policies exactly the same in their coverage? Yes. We submitted a bid form. Councilman Jett., Do we by any chance in West Covina have an association of insurance agents who handle this type of insurance and turn the net proceeds over to a City project? The reason I bring this up, there is a group of insurance agents in Covina who participate in this type of insurance which amounts to several thousand dollars in premiums per year and they take the proceeds and this is distributed to a worthy project that they decide upon and no one makes a profit out of it. City Manager, Mr. Aiassa: We don't have that. Motion by Councilman Snyder, seconded by Councilman Jett, that the contract for insurance coverage on City owned equipment be awarded to Hummer Insurance Agency in the amount of $281.86 and that the bid bonds be returned to the unsuccessful bidders. Motion passed on roll call as follows., Ayes., Councilmen Jett, Snyder, Mayor Barnes • Noes., None Absent., Councilmen Towner, Heath Councilman Jett., Mr. Flotten, would you investigate the possibility of having an association of insurance agents who turn the net proceeds over to the City? City Clerk, Mr. Flotteno Yes, LEGAL ADVERTISING Publication of legal notices for the City Bids opened in the office of the City Clerk on June 20, 1963, as advertised. Bids received are as follows., WEST COVINA TRIBUNE per column inch, first insertion $1.95 per column inch, subsequent " 1.79 SAN GABRIEL VALLEY DAILY TRIBUNE per column inch, first insertion $3.32 per column inch, subsequent /f 3.18 Motion by Councilman Jett, seconded by Councilman Snyder, that the contract for legal advertising be awarded to the West Covina Tribune on their low bid of first insertion, $1.95 per column inch and subsequent insertions $1.79 per column inch. Motion passed on roll call as follows: Ayes., Councilmen Jett, Snyder, Mayor Barnes Noes: None Absent: Councilmen Towner, Heath Co C. 6/24/63 • HEARINGS STREET VACATION (PORTION OF ALLEY) HEARING OF PROTESTS Mayor Barnes. - Page Nine LOCATION° East side of Glendora. - Avenue, north of Vine. This is the time and place for the hearing of protests in this matter,) (No oral protest made,)) I will declare the hearing closed. City Clerks Mr. Flotten.- This notice was published in the West Covina Tribune on June 6, and the hearing was posted as per our affidavit on June 11, 1963,) RESOLUTION NO. 2656 ADOPTED Mayor Barnes. - The City Clerk presented.- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA VACATING A CERTAIN PORTION OF AN ALLEY IN THE CITY OF WEST, COVINA" (Glendora north of Vine) Hearing no objections, we will waive further reading of the body of the resolution,) Motion by Councilman Jett., seconded by Councilman Snyder, that said resolution be adopted.. Motion passed on roll call as follows'. Ayes., Councilmen Jett, Snyder, Mayor Barnes Noes.- None Absent.- Councilmen Towner, Heath Said resolution was given No,, 2656. ZONE CHANGE NO. 260 William Eo Howlett, APPROVED LOCATION.- Garvey Avenue between Barranca and Holt,) Request to reclassify from Zone R®A to Zone C-1 approved by Planning Commission Resolution No. 1420,) • City Clerk, Mr. Flotten.- (Read Planning Commission Resolution No. 1420,)) Notice of this public hearing appeared in the West Covina Tribune on June 13, 1963; 18 notices were mailed to property owners in the area on June 12, 1963. Mayor Barnes: This is the time and place for the public hearing. C. Ca 6/24/63 ZONE CHANGE NO. 260 ® Continued Page Ten • Mr. William E. Howlett (Presented rendering and explained 795 Checkwalla same.) This is for the avail - Palm Springs ability of luxury commodities to the community to complement the already existing medium and low cost commercial facilities that are in the area. This will offer a central mall. There is double deck parking and very attractive landscaping. There are five and one half acres in this site. There being no further public testimony, the hearing was closed. (Mr. Joseph gave a brief summary of the matter.) Councilman Snyder. If we grant C®1 here and they were not able to get the other property, we might get the type of C®1 development here we don't. particularly want. It seems to me that another good use for this would be a motel or hotel use. Councilman Jett.. I think substantially I look at it pretty much the same as Councilman Snyder. I am a little bit reluctant to approve zoning just for the sake of giving zoning. I think we will somewhat devaluate . our commercial properties if we just indiscriminately zone everything for commercial uses. I feel the time to give zoning for something is when you have a specific use. However., once we have given zoning then we have no control over what might go in there. Unfortunately, we can't protect ourselves. City Attorney, Mr. Williams. Mayor Barnes. Even if you approve a precise plan, they don't have to build it. In view of the fact that half of the property is zoned C-1, I wouldn't object to this zoning. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that Zone Change No. 260 be approved. ZONE CHANGE N0,, 263 LOCATION. Southerly of Tentative Brutoco Development Co. Tract No,, 28049.between APPROVED Azusa Avenue and southerly extension at Hollenbeck Street. Request to reclassify from Zone R®1 AD IIA, AD III, Al®5 to Rm2, R-3b, Rm3, approved by Planning Commission Resolution No. 1421. • City Clerk, Mr. Flotten. (Read Planning Commission Resolution No,, 1421.) Notice of this public hearing appeared in the West Covina Tribune on June 13, 1963 and three notices were mailed on June 12, 1963 to the property owners in the area. Mayor Barnes. This is the time and place for the public hearing. ®10® n U C. Co 6/24/63 Page Eleven ZONE CHANGE NO. 263 ® Continued Mr,, Louis Brutoco We would be happy to answer any 266 South Glendora questions the Council may have. West Covina This is completely removed from the property to the north of it and would make an ideal area for a multiple residential use and the condominium program that we are planning. Mr. James Hutchinson I will be happy to answer any 127 North Lang questions you may have. West Covina There being no further public testimony, the hearing was closed. (A map was presented and Mr. Joseph gave a brief summary of the matter.) Councilman Jett: Where he is requesting R®3b and we have decided to go R®2, we may be placing too many restrictions on him. I have enough faith in him that he will build a suitable R-3b in that area. Councilman Snyder: It is possible he could have Rm3b but perhaps the center section should be the Rm3b. • Planning Director, Mr. Joseph: The R®2 is about the kind of density Mr. Brutoco is thinking about anyway in there. The R®2 permits one story and the R®3b can go up to seven stories. Due to the rise of the property back here the idea was to lower the height and open up the density a little bit more and make it a little more fluid transition. Councilman Jett: With this type of topography in this area, it would be difficult to spread buildings out in this area. I would like to ask Mr. Huchinson if it would be more practical to go up in the area on a small piece of ground than to try to utilize all this space and spread them out on one story. Mr. James Hutchinson-. The reason for going for the zone change without having a precise plan at this time, we are quite concerned with taking the dirt from 28049 and placing it in this valley. Mayor Barnes: By putting these in R®2 zoning and you don't utilize the hill and the natural topography where with the other type of zoning you could to a more effective and better looking development.. • Mr. James Hutchinson-. That is true. We have studied various layouts of R®2 develop- ment in this location and the building location is what makes it. Mr. Louis Brutoco: We had applied for R®3b in that lower area and R-2 on the upper. There are areas in there .that have to have a two-story building to keep the appearance properly throughout the development. We would prefer to go back to our own zoning that we asked for. We can live with the Planning Commission's request and we think later on that we can come up with a good program using a variance. Co Co 6/24/63 ZONE CHANGE NO. 263 - Continued Page Twelve • Councilman Jett-, I can't help but feel that maybe we are being too harsh in trying to hold this to the Rm2, I think I would favor Rm3b, Mayor Barnes-, I think maybe the Planning Com® mission might have defeated their own purpose in the fact that by less excavation we would get a more beatuiful development by letting it follow the contours of the hills and gave an- Rm3bo Planning Directors Mr, Joseph-, The matter of requiring that they hold it to one story is not necessarily the problem.in this instance. We could go up.,in.the air by terms of the variance since you do have topographic situations that would lend itself to be the criteria for a variance. The main question here is the density, Councilman Snyder-, I think that probably the R®3b does meet the problem of topography better than R-2 with a variance. I think we are going around the back way when you use the variance. I think the problem of density in this particular development is going to be taken care of by the surroundings, • Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that Zone Change No, 263 be granted as requested by the applicant, PROPOSED AMENDMENT NO, 59 Request to amend the West Covina City Initiated Municipal Code sections as to a 'new residential professional classification, approved by Planning Commission Resolution No, 1409, Hearing held and closed on June 10, 1963, and matter held over to this date, Mayor Barnes-, I am going to ask that this be held over because there are only three Councilmen present this evening, Motion by Councilman Snyder, seconded by Councilman Jett., and carried,, that Proposed Amendment No, 59 be held over to the meeting of July 8, 1963. ZONE CHANGE N0, 259 Aneas Corporation . City Clerk, Mr, Flotten-, I have a note from Mr. Feldman of the Aneas Corporation requesting that this matter be held over from June 24 to July 8, Motion by Councilman Jett, seconded by Councilman Snyder, and carried, that Zone Change No, 259 be held over to the meeting of July 8, 19639 at the applicant's request, ®12® C, C, 6/24/63 • PLANNING COMMISSION Page Thirteen METES AND BOUNDS NO, 135-210 LOCATION-. Northeast corner of Charles So Tellis - Citrus and Vanderhoof, Tellis Motor Sales APPROVED Area District III (Zone R®1) 0,88+ Acres. 2 lots proposed. Held over from June 10, 1963, at applicant's request. Approved by Planning Commission on June 5. 1963, (Mr, Flotten read the recommended conditions to be imposed on this property,) Mr, Bruten Mr, Tellis has written a letter Harold Johnson Engineering directed to the Council asking that certain items be waived, One in particular was the street improvements, Mr, Tellis felt that at this time the improvements mm curbs, gutters, and paving ®m being required would be of no benefit to anyone since the entire area to the south and to the north are entirely undeveloped and that in connection with conferences we have had with Mr, Dosh and Mr, Pontow at some time in the future they hope to have a development program for the whole street so in regards to that he was hoping that we could have this waived. The other item was the steep excavation on Citrus frontage, In the original development there was nothing required by the City to grade this hill down and in the period of time this street widening has varied between 800 and 100 feet, We felt in discussions with Mr. Dosh that to be required to grade down this hill would add to his expenses so greatly that it wouldn't be to his advantage to develop the property at this time, The improvement costs would run entirely too high for the development he is proposing, City Manager, Mr, Aiassa-. We have Mr. Tellis' letter and also a report from the City Engineer, Mr, Charles Tellis We have about 200 feet on Vanderhoof 358 Front Street and about the same on Citrus, Covina The lot is okay to put one house on there and if it is good enough to put one house on it as it sits., it is good enough now to put two houses on it, (Mr, Flotten read the letter from Mr. Tellis dated May 8, 1963 directed to the City Council; also read the Engineer's report dated May 7➢ 1963 and directed to the City Council,) Councilman Snyder-. When was our -lot split ordinance enacted? Public Services Director, Mr, Dosh-. 1952, -�3m C a Ca 6/24/'63 METES AND BOUNDS NO, 135-210 m Continued • Councilman Snyder - Page Fourteen We have required performance since except in certain cases? Public Services Director, Mr, Dosh:. Some kind of a performance bond. Mr, Charles Tellis- Up and down the street there are four, five, six lots and when you widen that street everybody is going to have to pay for their widening, I am the same as the rest of them, If I make two houses of there and sell those houses, then I have to pay on that bond for about five years, more than likely, it will be ten years before that street is developed, Mayor Barnes- I think the City has to assure themselves that they are going to got this widening of,Citrus.. in any other part of town with, the exception of one instance that I recall, when you have a lot split, even if._ the improvements are not in on the existing home on that property, that all curbs and gutters and improvements have been put in at the time of the lot split. It is fair for one; it is fair for all, If they want to develop their property it is an a§set to the developer. Councilman Snyder- I think the applicant is in error when he says it would be of benefit to nobody because we badly need Citrus Street completed along there. Further, every other lot split in the City with the exception of those up near the Country Club has had to comply with this type of performance but I do think he does have a little special problem with the height of the hill. I think he should be required to conform to the recommendations of the Planning Commission including the bond for curbs and gutters, I am a little inclined to have the City help with the excavation, City Manager, Mr, Aiassa- This will be on the City right of way, almost all of it, Public Services Director, Mr, Dosh- On Merced, a man split a lot, He had one house on the lot and wanted to build a second house there and asked for relief, I think we split the cost of the pavement or else we paid for the sidewalk and he paid for the pavement, The reason why we feel the City perhaps should spend some money here is what the total cost of this lot split will be, He gains the value of one lot and if the lot cost runs over five or six thousand dollars for improvements, he is not going to split the lot, We recommended that the City take a bond or cash deposit for his improvements that he is obligated for but not the excavation because we feel this will become part of the City project in the future, 9 Councilman Snyder. should have a bond for the curbs and Councilman Jett: the average, I think that this being it will eventually go on back through reasonable in this case, I feel it is fair to excavate this hill down for him but I think we gutters, I think we have a situation here that is a little different from a 80®foot secondary street and the canyon, I think it's ®14® Co C. 6/24/63 Page Fifteen METES AND BOUNDS NO, 135-210 - Continued Mr, Williams° The improvements you can require under State Law t. 0 o referred ionly to such street work and utilities installed and to be installed on streets or highways as are necessary for the general. use of the lot owners and local neighborhood traffic and drainage needs." If he was putting in a shopping center he would probably pay the full cost of an 80-foot street but in the residential it is normal that the City bears the difference between what would be a residential street and a secondary highway, It isn't a hardship exactly but you can only require the improvement that is required by the thing that is being put there by the subdivider. I would say put in the curb and gutter and these aren't increased by the fact that the street is wide, but the grading to widen the street should be borne by the City; the difference in the width of the pavement should be borne by the City. He should pay whatever would be the width of residential paving. Councilman Jett: I think it would be justifiable for the City to participate in here, I think he should pay his share. What would be the normal re- quirement? That he put in the curb, gutter, sidewalk, and pave to join? • Mr. Dosh: Yes. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that Metes and Bounds Subdivision No. 135-210 be approved subject to the conditions imposed by the Planning Commission except he shall not be required to do the grading on the Citrus slope and that he shall not be required to do the center 24 feet from the canter strip; that a bond shall be posted for the required street improvements and side- walk improvements as specified in the Planning Commission recommendations. Motion by Councilman Jett, seconded by Councilman Snyder, and carried, that the developer place a bond or cash for the amount of the improve- ments as required for approval of the subdivision with the City, to guarantee the improvements of the sidewalks, curbs, and gutters, PICKERING TRACT Mr. William,Pickering When we submitted our map on the 4230 Peck Road Valley Boulevard subdivision, we E1 Monte had 915 lots on our tentative and I was always under the impression' that the park sites dedicated to the City could be used in our compu- tation for our average lot sizes, What we would like is the Council's interpretation of the variance that we are working under in computing our amount of lots for the acreage that we have there. If we are not allowed to use the park sites in Our computation, we are going to lose about 30 lots. There are about eight acres that we are dedicating to the City. Councilman Jett: This will not change the frontages of the lots or anything like this. It was just an error in the compu- tation? Mr. Joseph: No. (Summarized why the original 7500 square foot ginally imposed.) the matter as to requirement of lots were ori- -15- Co Co 6/24/63 Page Sixteen PICKERING TRACT ® Continued Councilman Jett.- As I understand it, what they would like is a clarification of this computation and take into consideration all of the green area that has been given to the City and be given credit for that, Can you do that here? City Attorney, Mr, Williams.- Yes, It's your action ultimately, Councilman Snyder.- I think all other subdivisions have not taken into consideration school sites or park sites, Although I understand your problem, we would be setting a precedent for future subdivisions, Mr, William Evans. - Not the school sites, only the parks, They are indicated as lots on the subdivision, Mayor Barnes.- At the time the subdivision map came in I remember asking the question, this is shown as lots, where are the parks and the schools located and they said just pass it because the school district hasn't made up their mind and this would probably determine where the park sites would be located-4nd' this. wd)dld `All ; comOl about later, as the property developers, Mr, William Evans.- I remember that, Mayor Barnes.- I think my understanding was the average lot size over the whole Pickering Tract was to average 7,500, Councilman Snyder.- Is there a possibility of a compromise since this is rougher topography, this third unit, where maybe we won't lose quite this many lots? Mr, William Evans.- Based on the area we have including all of the park sites within the three tracts, the area divided by 7,500 square feet would permit 935 lots, The third unit we developed 326 lots, It is doubtful that we will develop 326 lots, We will approach about 310 to 315 lots in the last unit, Councilman Snyder.- If they developed under this new hillside ordinance, would they have had a problem? Planning Director, Mr, Joseph.- The technique would be the same of determining how large lots • you want, only the manner of making application would be different, Councilman Jett.- The size of the lot does not determine the type or size or quality of the home, We know today that people are buying trailers and condominiums for one reason.- They want to get away from these big lots and big areas, I think this is a reasonable request because of the park sites that have been given to us, I don't think there will be any change in the type of home we get, 0 • C. Ca 6/24/63 PICKERING TRACT - Continued Page Seventeen Councilman Snyder- I agree in that I don't think the size of the lot necessarily has anything to do with the economic value of the home. This is not only economical value but it is to control density, I think there should be some way to accomodate these people but I don't know how we could do it and be fair to others. Mr. William Evans- The over-all average of the nine hundred some odd houses would be around 7,300; between 7,200 and 7,300. Mr. Dosho You're requiring 7,500 square foot lots because this is what you want. The Commission required it because this is what they wanted. This is our basic Area District I loto However, in almost 1.00 subdivisions -in West Covina today, the minimum lot size is about 7,140 square feet and the reason for this is that you permit a reduction to this size when they square the lots off. If you said "Area District I" instead of 117,500 square feet" it would be all right. Councilman Snyder- Let's just make an interpretation that our intent was Area District I instead of 7,500 square feet and I think that was the intent. Mr. Williams- I don't understand how Area District I, which requires 7500 square feet, gets down to 7,140 square feet. Councilman Snyder- Because when you take the streets through and square them off, you get down to that. (Mro Dosh drew a map on the board and explained same.) Motion by Councilman Snyder, seconded by Councilman Nett, and carried, to interpret Planning Commission Resolution No. 1336 reagrding the Pickering'Tract that where it says t17,500 square feet" to mean "Area Distrit I"o Motion by Councilman Snyder, seconded by Councilman'Jett, and carried, that the lots in Unit 3 are not'to exceed 318 in number. Councilman Jett: I think we should enter into an agreement right away for a fire station in this tract. Motion by Councilman Jett, seconded by Councilman Snyder, and carried, that the City Manager be authorized to negotiate with the Pickering Development for the purchase of a fire station site. -17- is Co Co 6/24/63 PLANNING COMMISSION ® Continued METES AND BOUNDS NOo 135-212 Co Go Willigan APPROVED Page Eighteen LOCATION° Southerly side of Merced Avenue between Sandy Hook Street and Glendora Avenue,, l,,l+ acres (2 lots) Area District II Approved by Planning Com- mission on June 19, 1963,, (Mr,, Flotten read recommended conditions of the Planning Commission,,) Motion by Councilman Jett, seconded by Councilman Snyder, and carried, that Metes and Bounds Subdivision No,, 135-212 be approved subject to the recommendations of the Planning Commission,, CITY CLERK'S REPORTS RESOLUTION NO,, 2657 ADOPTED Mayor Barnes-. The City Clerk presented-. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING'THE FINAL SUBDIVISION MAP OF TRACT NO. 268900 ACCEPTING THE DEDICATIONS THEREIN OFFERED, ACCEPTING AN AGREEMENT BY THE SUBDTVIDER AND A SURETY BOND TO SEGURD THE SAME'° Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Snyder, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows-. Ayes-. Councilmen Jett, Snyder, Mayor Barnes Noes-. None Absent-. Councilmen Towner, Heath Said resolution was given No,, 2657,, RESOLUTION NO,, 2658 The City Clerk presented-. ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING FOR STREET AND HIGHWAY PURPOSES CERTAIN REAL PROPERTY HERETOFORE GRANTED AND CONVEYED TO SAID CITY" (Hollemcrest Drive) Mayor Barnes-. Hearing no objections, we will waive further reading of the body of the resolution,, Wo • Co Co 6/24/63 RESOLUTION NO,, 2658 - Continued Page Nineteen Motion by Councilman Snyder., seconded by Councilman Jett, that said resolution be adopted,, Motion passed on roll call as follows. Ayes. Councilmen Jett,, Snyder, Mayor Barnes Noes. None Absent,, Councilman Towner, Heath Said resolution was given No,, 2658,, APPROVAL OF MINUTES April 8. 1963 ) May 13, 1963 ) May �7, 1963 ) Held over as follows. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that the Minutes of April 8, 1963., May 13, 1963, and May 27, 1963, be -held over to the next meeting for approval,, CITY CLERK'S REPORTS TRACT NO,, 20456 LOCATION° Northwest corner of ACCEPT STREET AND SANITARY SEWER Azusa Avenue and IMPROVEMENTS Cameron Avenue,, Carroll Construction Co,, APPROVED Accept street and sanitary sewer improvements,, Authorize release of the following bonds. Travelers Indemnity Co,, No,, 1044644, $43,000,,00, street improvements; Travelers Indemnity Co,, No,, 1044643, $8,300,,00, sanitary sewers,, Inspector°s final report filed,, Staff recommends acceptance and release of bonds,, Motion by Councilman Snyder, seconded by Councilman Jett, and carried, to accept the street and sanitary sewer improvements in Tract No,, 20456 and authorize release of Travelers Indemnity Company No,, 1044644 in the amount of $43 000.00 and Travelers Indemnity Company No,, 1044643 in the amount of f8,300,,00,, LIGHTING ASSESSMENT DISTRICT 62-1 LOCATION. City north of Freeway,, STREET LIGHTING IMPROVEMENTS (Mr,, Flotten read the report of the City Engineer,,) Motion by Councilman Jett, seconded by Councilman Snyder,, and carried, to accept the report of the City Engineer re Lighting Assessment District 62-1. ®19® • • Co Co 6/24/63 LIGHTING ASSESSMENT DISTRICT 62-1 Continued RESOLUTION NO. 2659 ADOPTED Mayor Barnes-. Page Twenty The City Clerk presented-. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING THE CITY ENGINEER TO PREPARE ASSESSMENT DIAGRAM., PLANS, SPECIFICATIONS, ESTIMATES AND REPORTS FOR LIGHTING DISTRICT 62-1 PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1., STREETS AND HIGHWAYS CODE, STREET LIGHTING ACT OF 1919, AS DEEMED FOR THE INSTALLATION, FURNISHING OF ELECTRICAL CURRENT AND FOR THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND APPLIANCES IN SAID CITY FOR A PERIOD OF MONTHS ENDING JUNE 309 196584 Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Jett, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows-. Ayes-. Councilmen Jett., Snyder, Mayor Barnes Noes-. None Absent-. None Said resolution was given No,, 26590 RESOLUTION CHANGING THE NAME OF A PORTION OF DONNA BETH AVENUE AND GLEN ALAN AVENUE TO RIO DE ORO DRIVE LOCATION., East and west portion of said streets in Tract No. 27383,, Staff recommends adoption of the resolution, City Manager, Mr,, Aiassa., Mayor Barnes., RESOLUTION NO,, 2660 ADOPTED Mayor Barnes-. We are still studying this, We will hold it over,, The City Clerk presented., "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING ITS CONSENT TO THE ANNEXATION OF A CERTAIN PORTION OF SAID CITY TO COUNTY SANITATION DISTRICT NO. 22 OF LOS ANGELES COUNTY" Hearing no objections, we will waive further reading of the body of the resolution,, -20® • U 0 C,, Ca 6/24/63 RESOLUTION NO,, 2660 - Continued Page Twenty-one Motion by Councilman Jett, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows, Ayes; Councilmen Jett, Snyder, Mayor Barnes Noeso None Absent., Councilmen Towner, Heath Said resolution was given No,, 2660. RESOLUTION NO,, 2661 ADOPTED Mayor Barnes. The City Clerk presented, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF METES AND BOUNDS SUBDI- VISION NO,, 135-169 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND" Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Jett, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows, Ayes, Councilmen Jett, Snyder, Mayor Barnes Noes, None Absent, Councilmen Towner, Heath Said resolution was given No,, 2661,, RESOLUTION NO,, 2662 ADOPTED Mayor Barnes, The City Clerk presented. - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF METES AND BOUNDS SUBDI- VISION NO. 135-205 AND ACCEPTING THE AGREEMENT BY THE SUBDIVIDER AND A CASH BOND" Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Snyder, seconded by Councilman Jett, that said resolution be adopted,, Motion passed on roll call as follows, Ayes, Councilmen Jett, Snyder, Mayor Barnes Noes, None Absent, Councilmen Towner, Heath Said resolution was given No,, 2662,, m21® • 0 C, C, 6/24/63 CITY CLERK'S REPORTS ® Continued RESOLUTION NO, 2663 ADOPTED Mayor Barnes - Page Twenty -Two The City Clerk presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN IN- STRUMENT AND DIRECTING THE RECORDATION THEREOF" (Headley) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Snyder, seconded by Councilman Jett, that said resolution be adopted, Motion passed on roll call as follows, Ayes- Councilmen Jett, Snyder, Mayor Barnes Noes- None Absent- Councilmen Towner, Heath Said resolution was given No, 2663, RESOLUTION N0, 2664 ADOPTED Mayor Barnes. The City Clerk presented. - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF METES AND BOUNDS SUBDIVISION N0, 135-202 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND A CASH BOND IN THE AMOUNT OF $1,022,04 FOR .STREET IMPROVEMENTS" Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Jett, seconded by Councilman Snyder, that said resolution be adopted, Motion passed on roll call as follows,. Ayes,. Councilmen Jett, Snyder, Mayor Barnes Noes- None Absent. Councilmen Towner, Heath Said resolution was given No, 2664, RESOLUTION NO, 2665 ADOPTED Mayor Barnes: The City Clerk presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO, 332 IN SAID CITY" Hearing no objections, we will waive further reading of the body of the resolution, ®22® • • Co Co 6/24/63 RESOLUTION NO,, 2665 ® Continued Page Twenty -Three Motion by Councilman Jett, seconded by Councilman Snyder, that said resolution be adopted,, Motion passed on roll call as follows. - Ayes,, Councilmen Jetty, Snyder, Mayor Barnes Noes,, None Absent,, Councilmen Towner, Heath Said resolution was given No,, 2665,, RESOLUTION N0,, 2666 ADOPTED Mayor Barnes. - The City Clerk presented,, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO. 343 IN SAID CITY" Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Snyder, seconded by Councilman Jett, that said resolution be adopted,, Motion passed on roll call as follows,, Ayes.- Councilmen Jett, Snyder, Mayor Barnes Noes,. None Absent,, Councilmen Towner, Heath Said resolution was given No,, 2666,, RESOLUTION NO,, 2667 ADOPTED Mayor Barnes,, The City Clerk presented.- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO,, 356 IN SAID CITY" Hearing no objections, we will waive further reading of the body.of said resolution,, Motion by Councilman Snyder, seconded by Councilman Jett, that said resolution be adopted,, Motion passed on roll call as follows,, Ayes.- Councilmen Jett, Snyder, Mayor Barnes It Noes-. None Absent-. Councilmen Towner, Heath Said resolution was given No,, 2667,, m�3® • • 0 Co Co 6/24/63 Page Twenty -Four CITY ATTORNEY ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE BUSINESS LICENSE PROVISION OF THE WEST COVINA MUNICIPAL CODE BY THE ADDITION THERETO OF CERTAIN PROVISIONS RELATING TO CHARITABLE, RELIGIOUS AND SIMILAR INSTITUTIONS" Motion by Councilman Jett, seconded by Councilman Snyder, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Jett, seconded by Councilman Snyder, and carried, that said ordinance be introducedo ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 261, Jackson) Motion by Councilman Snyder, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance,, Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that said ordinance be introduced,, RESOLUTION NO,, 2668 ADOPTED Mayor Barnes: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DE- CLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE COUNCIL IN THE CITY TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS SOUTHERLY ANNEXATION DISTRICT NO,, 181, AND GIVING NOTICE OF THE PROPOSED ANNEXATION" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Jett, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Mayor Barnes Noes: None Absent: Councilmen Towner, Heath Said resolution was given No,, 2668,, -24- L] • Co Ca-6/24/63 CITY ATTORNEY ® Continued HEADQUARTER CITY Page Twenty -Five City Attorney, Mr,, Williams-. I have a request that I have a resolution declaring that this City is Headquarter City only I didn't draw it yet because I didn°t know whether you wanted to wait until you put this on the seal, whether you want to have a resolution declaring that these words "Headquarter City" are the what? Slogan? Nickname? Motto? What is it? Councilman Jett., Councilman Snyder-. I think it's a motto, A policy and goal, Councilman Jett-. I understood that what we were doing was to adopt the motto and incorporate it in our seal so that we were ahead of the others,, Councilman Snyder-. I think we are saying that we feel we are now headquarter city,, Councilman Jett-. That was my understanding, that we were going to adopt this officially and it would be our motto,, Councilman Snyder-. A resolution stating that we feel we are a headquarter city by geography, by rate of development, by leadership., et cetera,, We adopt this in light of our responsibility of the central city of the San Gabriel Valley,, A recognition of our responsibility, geography., population, highway network, leadership, retail center, transportation, and cultural,, City Attorney, Mr,, Williams - FOREST LAWN I 'll bring this back next time,, City Attorney, Mr,, Williams-. On this appeal in the Forest Lawn case, we have until the 17th of July but that is an ultimate deadline. You can't wait to decide and you can't get a little of the work done in this,, You either do it or you don't. The work is petitioning the Supreme Court to take it over,, If they take it over., the work is done,, It seems to me in this case it is just throwing money away. I think the decision of the District Court of Appeal is wrong. I think the Supreme Court will change it,, I think the chance of the Supreme Court reviewing it is rather remote,, Mayor Barnes-. It was the decision of the Council to appeal,, Councilman Snyder-. He is asking us to reconsider,, City Attorney, Mr,, Williams-. I don't see any sense in carrying. -on this litigation on the hundred acres,, If you want to make an annexation of the whole thing, the hundred acres will be,include.d and you don't need to win the lawsuit,, ®�5® Co Co 6/24/63 FOREST LAWN - Continued 0 Councilman Snyder - appeal; we voted to tell him to be Mayor Barnes - Page Twenty -Six I think we should reconsider and we didn't vote to tell him to prepared. a'de voted to have Mr. Williams appeal. it. _ -- Councilman Jett- It was my understanding that we were concerned about the possibility of someone else encroaching in the annexation; that by refiling this appeal we would then continue our control somewhat until such time as a possible. determination was made,, We felt that although we were not in complete accord to go right ahead and file this that we would request that Mr,, Williams go forward even though it was going to cost us some money, to go ahead and prepare it so that before the expiration of the 30 days that we would be in a position to move,, Councilman Snyder - comments,, I think we are wasting our of the comments here tonight that the consider their decision to have this July will give him plenty of time When we made our vote we didn't have the benefit of Mr,, Williams' money on this, I think in light whole Council should re - prepared and I think the first of • Councilman Jett, -,,,I hate to spend money if there isn't a good chance of getting some return for it,, If they would review it,, yes; but having read about the Supreme Court and how few cases that come before them,, I can't but feel that we are just hitting our head against a stone wall to go ahead and do this,, I think if we are going to reconsider annexing that entire area,, I am sure that they are going to fight us every step of the road if they don't get everything they want and I feel if we are going to talk to them and in the event we ever annex that property, I think we will get the entire property or none,, Mayor Barnes- I think we should proceed and give Mr,, Williams the benefit of time,, (Mr. F°lotten read from the Minutes regarding this matter and the direction to Mr. Williams,) Councilman Snyder-, I don't believe the issue is fully resolved. When it is finally resolved I'll accept it but it has not been finally resolved,, CLAIM AGAINST THE CITY City Attorney, Mr,, Williams-, We have a claim by Donald DUBoise that on March 15 at Hillward and Rio Verde the claimant fell into a storm drain and he wants $15,,000,,00. I think you should refer it to the insurance company. I think perhaps you had better not deny it because they may want to object to the sufficiency of the claim,, Just refer it to the insurance company and ask them what action they wish us to take,, Motion by Councilman Jett, seconded by Councilman Snyder,, and carried, that the claim by Donald DuBoise be referred to the insurance company for their recommendation,, -26- • 0 C,, C,, 6/24/63 PLANNING COMMISSION m Continued REVIEW PLANNING COMMISSION ACTION OF JUNE 5; 1963 PLANNING COMMISSION RESOLUTION NO,, 1411 (REVISION 1) Page Twenty -Seven So indicated by Mr,, Flotten,, Mr, Flotten read said resolution and Mr,, Joseph gave a brief summary of the matter,, Motion by Councilman Jett, seconded by Councilman Snyder, and carried... that Planning Commission Resolution No,, 14111, Revision 1, be approved,, SLIGHT MODIFICATION NO. 17 BOARD OF APPEAL City Manager, Mr,, Aiassa,. You must approve this or we will lapse our time on the Appeal Board,, You have received copies of this,, This is a slight modification by the Board of Appeal,, The Council has a right to review this Board decision and if you let your time elapse, you have no choice to appeal. This approves changing a lot from 741 to 701 Mayor Barnes CITY CLERK We do not appeal. LETTER FROM REALTY TAX & SERVICE COMPANY OFFERING THEIR SERVICES FOR CERTIFICATION OF ASSESSED VALUATIONS FOR METROPOLITAN WATER DISTRICT m $19500,,00,, City Attorney, Mr,, Williams,. City Manager, Mr,, Aiassa,. City Attorney,, Mr,, Williams,. Councilman Jett,* Councilman Snyder., City Manager, Mr Aiassa,. themselves m® regarding the fee,, $1,500,,00 you would be protected. The question is whether or not you want to proceed,, They have given you a flat price. Could we accept this letter and execute it as part of the agreement? I think so,, I think we will need it; I think . we had better be in a position to have this if we need it,, I would agree,, There is a provision here -m and the Council should protect I think if you limit it not to exceed -27- 10 C. Co 6/24/63 Page Twenty -Eight REALTY TAX & SERVICE COMPANY ® Continued Motion by Councilman Jett, seconded by Councilman Snyder, and carried, to direct the City Attorney to tell this Realty Tax and Service Company that they are tired to do the ,job. Motion by Councilman Jett, seconded by Councilman Snyder, to direct the City Manager to prepare a purchase order not to exceed $1,500.00 to the Realty Tax and Service Company. Motion passed on roll call as follows,. Ayes,. Councilmen Jett, Snyder, Mayor Barnes Noes,. None Absent,. Councilmen Towner, Heath RECREATION AND PARKS REQUEST FROM MR. GINGRICH City Clerk, Mr. Flotten,. (Read memo dated June 24, 1963 to the Council from Mr. Gingrich requesting permission to attend a five-day institute conducted by the University of California at a seminar in November of this year.) Councilman Jett,. Councilman Snyder,. Mayor Barnes,. City Manager, Mr. Aiassa,. I would be against this proposal. By majority we did agree to do it in the budget. We held it out of the budget and asked, to bring it to -the Council. It was to be in the budget but I need your authority to let him go. Councilman Snyder,. I think the City would benefit from something like this. I don't think you ever lose by additional training; for your department heads. Move that the request from Mr. Gingrich to attend a five-day institute conducted by the University of California be granted. Mayor Barnes,. The motion fails for lack of a second. Councilman Snyder,. I suggest you bring this up to a full Council. Mayor Barnes,. All right. Councilman Jett,. I think it's time we spent money for capital improvements in our parks and stop paying for these frills. Councilman Snyder. - I think in additional training the money is multiplied in benefits to the City. -28- C a C o 6/24./63 GENERAL MATTERS Page `twenty -Nine b. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None I CITY MANAGER REPORTS TRACT NO. 25765 Roger Roelle Driveway Mr, Aiassa: This is a request to provide an entrance from La Serena Street in Tract 25765 to Mr. Roelle°s property. To do this we must have Council permission to cross 11 lot #25 of said Tract 25765 which divides Mr. Roelle°s property from La Serena Street. City Engineer's office recommends approval, Councilman Jett-, I think this is a reasonable request; he has to get in and out. j .. • Motion by Councilman Jett, seconded by Councilman Snyder, and carried, to accept the City Engineer's report and direct them to proceed on the one -foot lot. STREET NAME CHANGE-. Mr. Aiassa 0 The street name change on Service to Walnut Creek Parkway, this is a report from the staff-. "From-, R. E. Pontow, City Engineer To: George Aiassa, City Manager Subject-, Street Name Change -- Service To Walnut Creek Parkway Date: 6/4/63 With the opening of Walnut Creek Parkway from the Service Avenue Bridge to Sylvan Ave., we feel there will be some confusion resulting from the existing street names. The existing street from Sunset Avenue to Service Avenue Bridge is named Service Avenue. The newly constructed street, from the bridge to Sylvan Avenue, is named Walnut Creek Parkway; thus, the through street, from Sylvan to Sunset, will change at the Service Avenue Bridge. Therefore, we recommend that the name of that portion of street between the Service Avenue Bridge and Sunset Avenue be changed from Service Avenue to Walnut Creek Parkwaye It is recommended that Service Avenue terminate at the stop sign just northerly of the Wash, \ -29- I\` • u 0 Co C. 6/24/63 CITY MANAGER REPORTS Continued Street Name Change - Continued. Page Twenty -Nine -A "Prior to initiating .formal proceedings -on this mattdk,­we wish to solicit your opinion and that of the City Council on the matter. /s/ R. E. Pontow, City Engineer" Councilman Jett. I would not go along with that. Councilman Snyder. Councilman Jett. Mayor Barnes. McCALL PROPERTY Mr. Aiassa. I think,Walnut Creek Parkway is not going to go"any further west anyway so why not end it at Ser- vice and let Service remain? Yes. I agree. We had a meeting with the Church of Christ and we have come out with a proposal. Mayor Barnes. They have a parking problem on the church property and they would like to reduce their parking to 70 spaces. This would probably be very adequate but they will give us a reduction in the price from $24,450.00 to $22,500.00, which shows a savings of $1,950.00 if' we will let them bring the overflow into our parking lot in the parka I don't think anyone would object. Councilman Jett. This sounds reasonable. Motion by Councilman Jett, seconded by Councilman Snyder, to add to the original motion to authorize the City Manager to pay $5,000.00 to the Church of Christ leaving a balance owing to them by the City of $2,6250000 6% interest to be paid on this balance beginning Jan- uary .1, 1964 if not paid by that date. Pay to Mr. McCall $3,500.00 against the amount owed to him of $14,875.00 leaving a balance of $11,375.00 which will be due him in July 1964 with 6% interest. Motion passed on roll call as follows. Ayes. Councilmen Jett, Snyder, Mayor Barnes Noes. None Absent. Councilmen Towner, Heath - 29-A - Ca Co 6/24/63 Page Thirty CITY MANAGER REPORTS - Continued VALENCIA HEIGHTS WATER COMPANY LEASE Mr,'Aiassan jGave report re this matter, Councilman SnyIder: I think we should do it, 1 Councilman J0tto I think so. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that the recommendation of the City Manager be accepted and that he:be directed to forward the agreement to the Valencia Heights Water Company for approval. CITY CLERK LETTER FROM La Go ENTERPRISES REGARDING CENTER STREET Motion by Councilman Snyder, seconded by Councilman Jett and carried, that the staff be directed to prepare cost figures and recommend changes in the parking layout in the Plaza. LICENSE REPORT Mr, Flotteno You have received copies of the License Report for the months of April and May, Motion by Councilman Snyder, seconded by Councilman Jett, and carried, to accept the License Report for the months of April and May, 1963, -30- C,, Co 6/24/63 0 CITY TREASURER Page Thirty -One Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that the Treasurer's Report for the month of May, 1963, be accepted and placed on file,, RESOLUTION N0,, 2669 ADOPTED Mayor Barnes: The City Clerk presented. - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA COMMENDING DANIEL MARTIN FOR HIS GRADUATION WITH HIGH HONORS FROM THE DELINQUENCY CONTROL INSTITUTE" Hearing no objections, we will waive further reading of the body of -.the -resolution. Motion by Councilman Jett, seconded by Councilman Snyder, that said resolution be adopted,, Motion passed on roll call as follows: Ayes.- Councilmen Jett, Snyder, Mayor Barnes Noes.- None Absent.- Councilmen Towner, Heath Said resolution was given No,, 2669,, MAYOR'S REPORTS HOLLYWOOD MUSEUM GROUNDBREAKING (Mr,, Flotten read letter directed to Mayor Barnes regarding the Hollywood Museum groundbreaking ceremonies in October of this year and signed by Harold Lloyd,, The letter is dated June 7, 1963,,) Mayor Barnes: I believe the whole Council is invited,, WATER STUDY Councilman Snyder: I think Mr. Towner's report of June 14 regarding water and also Mr,, Heath's report of June 13 should be spread in full on the Minutes for this reason: I think because we are a little bit behind on the water situation not in joining anything but in developing a positive attitude that we can be open to criticism in the future and I think we should have all information in the Minutes and I request that these two things be spread in full in the Minutes,, Mayor Barnes: We received and filed both reports the'10§t meeting. -31- :7 Co Co 6/24/63 WATER STUDY ® Continued Page Thirty -Two Councilman Snyder- I feel they should be in the Minutes and I will exercise my right as a Councilman to have these two reports spread in full in the Minutes. (The following is a report directed to the Honorable City Council, from Councilman Robert No Heath, dated June 13, 1963, re Water Study: "I talked with Mr,, Joe Jensen of Metropolitan Water District and he was quite pleased that we have received a quotation from the Tax Realty Board on the prospect of obtaining an assessed valuation and that we have filed our boundary de- scription with MWD,, In further discussion with Mr,, Jensen I understand that MWD allotment previous to the Court decision was 1,200,000 acre feet,, At this time they are drawing almost one million feet,, The Court ruling stated that Metropolitan would be . cut almost 1,000,000 acre feet leaving them with approximately 200,000 acre feet per year,, This cut, however, will not become effective until the time when Arizona will begin needing water which shall be approximately 19'170. If we do not have State water by that time it is quite • possible and probable that all of the present memberships of Metropolitan are going to have to take a out also,, Mr,, Jensen explains that rather than the present users taking a cut it is possible that Metropolitan will buy water to fill the needs until the State water supply comes through,, The cost of this water would be added to the present or anti- cipated costs told us prior to the Court decision,, I would like to advise all members of the Council that this is a complex problem with many facets and with as many opinions as there are people concerned. However, it is the responsibility of the Water Committee to bring these facts to your attention and for the Council to make decisions based on these facts,, I have given you all the facts that I have and I do not anticipate making the decision for the Council and therefore feel it is the Council°s responsibility at this time, to make the decision,, I feel that.West Covina is lagging in the program but the decision has been up to the Council as a whole, for at least six months and no decision has been made.11) (The following is a report directed to the Honorable Mayor and City Council from Councilman Frank M,, Towner, dated June 14, 1963, re Department of Water Resources: • "Pursuant to the request from the City Council I have obtained the following information from the Department of Resources- 1,, West Covina may request its own allocation without being in any water district,, This contract should be as an entity of the City and all private companies within the City, because the State prefers as few contracts as possible. It would take four months from filing a serious request before a contract could be finalized,, �3�m • 0 Co Co 6/24/63 WATER STUDY ® Continued Page Thirty -Three "The problems in West Covina on request of allocation therefore are., a) Persuading the State Water Commission to arrange re -allocation,, b) Persuading the State to contract with the City as an entity, c) And making suitable arrangements with local water companies, 2, The June 30, 1963 deadline on allocation request pertains to the construction of aqueducts. If a request for allocation is made later, then it will not receive consideration in aqueduct design, "The absolute deadline for request of allocation is December 319 1963, There is a particular problem at this late date on any request we might make, which is that all State project water,, totaling 4,,000,,000 acre feet,, has already been allocated by the State Water Commission, The Southern California area has a current allocation of 1,,8801,000 anre feet, after having been allowed to re -allocate twi3e, A third request of re- allocation is pending, Other areas are vigorously protesting, 3, The Department of Water Resources is presently of the opinion that there is no alternative to the East Branch, If the Metropolitan Water District and other Southern California contractors cannot agree on the distribution system,, then the Department will decide on a system, The Department will serve all contractors,, and none of them need to fear that any portion of the system will be deferred while others are served first, 4, The State Water project is on schedule and delivery by 1972 is anticipated, They are now constructing the Oroville Project., and some aqueduct contracts have been let, Access roads in the Tehachapi area are under construction, and right of way is being required for the Cedar Springs and Perris reservoirs, 5. In summary, it appears that West Covina is still lagging and that we are urgently in need of direction in our water program.") REGIONAL PLANNING COMMISSION Mayor Barnes., Councilman Jett., This is on June 26, Do you want to send any®ne?-_. I would like to have someone there, -33- Co Co 6/24/63 Page Thirty -Four REGIONAL PLANNING COMMISSION ® Continued 46 Councilman ou cilman Snyder.- We told Mr. Flotten by motion one meeting to keep us informed of all developments so I guess heed better go to the meeting. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, to direct the City Clerk to attend the Regional Planning Commission meeting on June 26, 1963 and to give the Council a written report, DEMANDS Motion by Councilman Snyder, seconded by Councilman Jett, to approve demands totalling $299,573.18 as listed on demand sheets B131 and C312 through C314o This total includes fund transfers of $896062 and bank transfers of $84,76; also funds including time deposits of $235,000000o Motion passed on roll call as follows.- Ayes.- Councilmen Jett, Snyder, Mayor Barnes Noes.- None Absent: Councilmen Towner, Heath 0 JULY 1ST MEETING Mayor Barnes.- We are going to have a meeting at 7630 with the gentlemen from Stone and Youngberg on the lease,option,,to purchase so we will.;star.t.the ad- journed,,meeting at 8a30. There being no further business, Motion by Councilman Jett, seconded by Councilman Snyder, and carried, that this meeting be adjourned at 1.-05 A.M. until next Monday, July 1, 1963, at 8.30 PoM- 0 ATTEST; CITY CLERK APPROVED MAYOR m34®