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10-14-1963 - Regular Meeting - MinutesE i MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA OCTOBER 14, 1963 40 The regular meeting of the City Council was called to order by Mayor Pro Tem Jett at 8,00 P.M. in the West Covina City hallo Councilman Heath led the Pledge of Allegiance, The Rev. Lauren Egdahl of the Mt, Calvary Lutheran Church gave the invocation, n U i ROLL CALL Present, Mayor Pro Tem Jett, Councilmen Heath, Snyder Others Present, Mr, George Aiassa, City Manager Mr, Robert Flotten, City Clerk Mr, Harry C. Williams, City Attorney Mr, Thomas J. Dosh, Public Services Director Mr, Harold Joseph, Planning Director Absent, SCHEDULED MATTERS Mayor Barnes Councilman Towner ZONE CHANGE N0, 271 A. Bernard Muth HELD OVER LOCATION, Sunset Avenue between Merced and Durness, Request to reclassify R-A zoned property to Zone R-P approved by Planning Commission Resolution No, 1457, Appealed by Mrs, 0, M. Britt on September 5, 1963, as to 165 feet, Hearing closed on September 23, 1963, and held over to this date for decision, and ZONE CHANGE NO, 277 Empire Financial Corporation HELD OVER and PRECISE PLAN OF DESIGN NO, 383 Empire Financial Corporation HELD OVER No, 1463 and 1464, Appealed by Mr,., Francis J, Garvey 281 East Workman Covina Mayor Pro Tem Jett, of a zoning matter? LOCATION, Sunset Avenue between Durness and Merced. Request to reclassify from Zone R-A to Zone R®3, and request for approval of Precise Plan for con- struction of apartments, denied by Planning Commission Resolutions applicant on September 13, 1963, I would like to ask that Zone Change No, 277 and Precise Plan No, 383 be held over for two weeks. My witnesses are out of town, Mr. Williams, is it necessary to have three votes in the decision -1- C, C, 10/14163 SCHEDULED MATTERS - Continued Page Two City Attorney, Mr, Williams; It is necessary to have three votes to pass the ordinance. It is not necessary to have three votes at the time of the hearing, The absent Councilmen can read the record and still vote at the time of the passage of the ordinance. It does not require three votes to introduce an ordinance, either, As far as the hearing is concerned, it is not com- pulsory that you have more than three, Councilman Heath. You would be unable to act on this case which means it would leave it down to two people to hear this testimony tonight and to act on it. In fairness to the opposition and the proponents, I would think it would be better if all of the Councilmen heard the testimony rather than reading it out of the Minutes, Mayor Pro Tem Jett: I want the record to show that I have an interest in this particular zoning matter and I will disqualify myself from participation in any discussion or any action whatsoever, City Clerk, Mr, Flotten: The Council should also consider Zone Change No, 271 which was held over pending study of Zone Change No, 277 and Precise Plan No, 383, Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that Zone Change No, 271, Zone Change No, 277 and Precise Plan of . Design No, 383 be held over to the next regular meeting, BIDS PROJECT N0, S,P,6326 STREET IMPROVEMENTS LOCATION: Glendora Avenue from Merced Avenue northerly to 600 feet south, Notice of Publication had been received from the West Covina Tribune on September 26 and October 3, 1963, and as a news item in the Green Sheet on September 24, 1963, The bids received are as follows: D,P,G, COMPANY 10% bid bond $3,775,80 WILLIAM KIRKLAND 10% bid bond 49167,42 JASPER N, HALEY 10% bid bond 49310,45 NORLUND-TUSSY CONSTRUCTION 10% bid bond 4,688,89 SULLY -MILLER CONTRACTING 10% bid bond 59139,34 Motion by Councilman Heath, seconded by Councilman Snyder, that the contract for Project No, S,P,6326, Street Improvements, be awarded to the D.P.G. Company on the basis of their low bid in the amount of $3,775.80 and that the bid bonds be returned to the unsuccessful bidders, Motion passed on roll call as follows: Ayes: Councilmen Heath, Snyder, Mayor Pro Tem Jett Noes: None Absent:, Councilman Towner, Mayor Barnes -2- • C. Ca 10/14/63 Page Three SCHEDULED MATTERS ® Continued HEARINGS ZONE CHANGE N0. 266 LOCATION, San Bernardino Freeway Arthur James between Holt Avenue and HELD OVER eastern city limits. Request to reclassify from Zone R-A to Zone R-3 or R-4 denied by Planning Commission Resolution No. 1444, Appealed by applicant on August 26, 1963, Held over from September 10, 1963, to September 23, 1963, at Council°s request and with applicant's approval. Hearing closed on September 239 1963, and held over to this date for decision. Councilman Snyder, This is one I think we should have discussion of the whole Council on if we could. I am a little reluctant to act on one as important as this until we have the whole Council but I am also reluctant to not give a decision tonight. I am wondering if Mr. James would have any objection to waiting for the entire Council to come back. Mr. Arthur James, Councilman Heath, Councilman Snyder, It would be agreeable to me if you hold it over. I think this definitely should be held over. This will set the pattern for other changes if it is granted. Motion by Councilman -Snyder, seconded by Councilman Heath, and carried, that Zone Change No. 266 be held over to the next regular meeting, October 28, 1963, with the applicants permission.. UNCLASSIFIED USE PERMIT NO. 79 LOCATION, Southwest corner of Harker Development Corporation Glendora and Cameron. HELD OVER and Request for approval of a gasoline PRECISE PLAN NO, 346 (Rev. 1) service station in Zone C-1 and Harker Development Corporation for the approval of a precise plan HELD OVER for gasoline service station, denied by Planning Commission Resolutions No. 1451 and 1452. Appealed by applicant on September 6,9 1963. Held over from September 23, 1963. Hearing remains open. Councilman Heath, I don't see how we can act on this until there is some firm zoning. My understanding is there is no firm zoning as of this date and therefore, how can you discuss an unclassified use permit and a precise plan when there is no zoning? • Mayor Pro Tem Jett, There were to be signatures obtained in reference to this, Were they obtained? City Attorney, Mr. Williams, :It was discussed to place firm zoning on this provided signatures were first obtained rescinding that which had gone before. I checked with Mr. Joseph today and he had not yet received the signatures and I have not received them. I have an ordinance that would place this min 0 C, C, 10/14/63 'HARKER DEVELOPMENT CORPORATION ® Continued Page Four zoning in a firm category of C-1. You could introduce which puts you in a condition where you could act on it and the fact that it is introduced doesn°t commit you to anything. ORDINANCE INTRODUCTION The City Attorney presented - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING SECTION 9202,2ggg OF THE WEST COVINA MUNICIPAL CODE AND ADDING A NEW SECTION IN PLACE THEREOFfP 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 said ordinance be introduced, Councilman Heath - I don't think we can act on this until we have firm zoning. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Unclassified Use Permit No, 79 and Precise Plan of Design No, 346, Revision 1, be held over to the meeting of November 25, 1963, ZONE CHANGE N0, 270 Philip Gray APPROVED LOCATION- On the west side of Barranca between Walnut Creek Wash and Mesa Dr, Request to reclassify R-A zoned property to Zone R-3 approved by Planning Commission Resolution No. 1458, City Clerk, Mr, Flotten- There were 13 notices mailed on October 2 and notice of this public hearing appeared in the West Covina Tribune on October 3, 1963, (Read Planning Commission Resolution No. 1458,) Mayor Pro Tem Jett- This is the time and place for the public hearing, IN FAVOR Mr, Philip Gray- We believe the property is not suited for development under its present zone of R-A where it is suitable for development under R-3, The property to the north of the property in question is already R-3. Still further north is a large piece of commercial, This zone is compatable exactly with your General Plan, (Presented rendering and explained same,) The Planning Commission has recommended that the . driveway running behind this property not be given access to Virginia Avenge or Vanderhoof Drive, All traffic generated by these apartments will open immediately onto Barranca, -4- Ca Ca 10/14/'63 ZONE CHANGE NO, 270 - Continued IN OPPOSITION • Mr. Marshall Hadley 2828 Vanderhoof Drive West Covina connected into Vanderhoof Avenue at create a traffic hazard and problem is approved, I wish Vanderhoof would Mr. Melvin Berkman 3005 Mesa Drive West Covina of Virginia Avenue increasses the already one of the most miserable General Plan we already have too are a lot of them vacant. We can any way it can be an improvement qualities of West Covina. REBUTTAL Mr. Philip Gray: to arrange in the precise plan • driveways, carports, or other only onto Barranca. Page Five My interest in this unit here is the traffic that it might create on Vanderhoof which is a very narrow street. If Virginia Avenue is that point it would in itself on Vanderhoof. If this zone change remain a deadend street. The Wash and the freeway have been considered barriers and this type of zoning should not be brought across to this area. The extension traffic hazard on Barranca which is streets in the City. According to the many apartments in West Covina. There see no reason for this development or for the property or the residential Traffic is always a problem. The Planning Commission has asked us that there will be no access from the parking areas directly to Virginia but There being no further public testimony, the hearing was closed. Councilman Snyder- On the property to the north, is there any idea to bring Vanderhoof into that? Planning Director, Mr. Joseph; There was a precise plan approved for this that did not continue the street into it. Councilman Snyder: Was there any discussion or study made whether it might not be better to have that street offset rather than a direct intersection to avoid making Virginia a through street? Public Services Director, Mr. Dosh: We don't believe Virginia will be used as a through street. There are some pretty steep curves here and I don't think it will be used as a through street. Councilman Snyder: It seems to me that you couldn't very well put R®1 here unless you were to rezone the property to the north back to Rml. It seems a • logical extension of the property to the north to make this R-3. I don't think this is going to generate much traffic on Vanderhoof because I think the very nature of the development will generate most of the traffic onto Barranca. Councilman Heath: I agree. This is adjacent to a heavy,population R-3 and I think there is no problem here. _5® • C, Ca 10/14/63 ZONE CHANGE NOo 270 ® Continued Councilman Snyder: Page Six I don't think this sets any pattern for the zoning east of Barranca. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that Zone Change No, 270 be approved, ZONE CHANGE NO, 272 William Lane APPROVED LOCATION: West side of Barranca and between Mesa Drive and Walnut Creek Wash, Request to reclassify from Zone R-A to Zone Rm3 approved by Planning Commission Resolution No, 1460, City Clerk, Mr, Flotten: There were 31 notices mailed on October 2 and notice of this hearing appeared in the West Covina Tribune on October 3, 1963, (Read Planning Commission Resolution No, 1460,) Mayor Pro Tem Jett: This is the time and place for the public hearing, IN FAVOR Mr, Ray Poteete I represent the applicant, • 825 De La Fuente Street (Presented maps and photographs Monterey Park and explained same,) I would like any information presented by the previous applicant, Mr. Gray, be automatically given credit to our application in order not to have too much repetition, We are immediately below the property you just granted a zone change to. The contour and elevation of this land is suitable to a transition from R®A to a high density use, This land is low and I don't think anyone would want to build a high-class home and live down in that area, Mr, Bill Daugherty I am from Pond Engineering, 278 East Rowland Avenue Based on some preliminary field Covina investigations we have done we are satisfied that the R-1 homes adjacent to this property are virtually the top of the bluff. All of the property concerned with this zone change would be in either a slope or between 30 and 40 feet below the properties immediately south. The bluff line runs along our southerly line and includes the property at the southeast corner which is being excluded from the zone change at the present time, Mr, Ray Poteete: other words, would it be feasible to slope to be above the bluff level? What is the maximum grade allowed on that south slope there? In build apartment houses up that • Mr, Bill Daugherty: I don't think it would be economi- cally feasible, It is possible but not feasible, You have so much low ground at the bottom you would use that land and plant the slopes, Councilman Heath: The drainage as I look at this is to the northwest,, which is the way the street flows and goes into Virginia Avenue, Do you have a place to dispose of it there? C, C, 10/14/63 ZONE CHANGE NO. 272 ` Continued Public Services Director, Mr, Dosh: • easements to get the water out to the • 0 Page Seven We have required the developers of these parcels to provide Wash. Mr, Ray Poteete: If the question of density comes up we would be willing to commit ourselves on that according to whatever the ordinance in effect is at the time we come in with a precise plan, 'IN OPPOSITION Mr, Melvin Berkman I would like the record to show 3005 Mesa Drive that the same objection I brought West Covina up under Zone Change No, 270 I would bring up here, I would also like to inquire if there is any member of the Council who would like to disquality himself from voting on this issue because of a special interest in it, Mr, Marshall Hadley I don't believe I heard this 2828 Vanderhoof gentleman say this property would West Covina not have access to Vanderhoof. The objection I had before would apply to this property, also, The homes on Vanderhoof are fairly close to the street and it could not feasibly be widened, I believe if we are going to stop somewhere with these apartments the last unit as approved should be the stopping point, If Virginia Avenue is going to go through, how are we going to say these other apartment units would not have access to Virginia and to Vanderhoof and through one of the finer areas in the eastern part of the City? I am objecting mainly from the standpoint of traffic on Vanderhoof. You might give consideration to the effect the high density population will have on the existing high school and grammer school facilities, Mr, J. C. Ells 2844 Vanderhoof West Covina City Attorney, Mr, Williams: Mr, J, C. Ells: City Attorney, Mr, Williams: REBUTTAL Under the ordinance, a precise plan is required, is that correct? Yes, The zone change may be approved at this time but the precise plan must still be heard? For R-3, it requires a precise plan come up for a hearing, Mr, Bill Daugherty: The precise plan will have to be considered. The bluff is between 30 and 40 feet in height. The houses to the south are between 30 and 40 feet above this property, Insofar as the extension of Virginia is concerned, although I feel with your City that this extension is good planning and good circulation of traffic, I am sure that our clients would be more than happy to pull this street back and put in less improvement if this is what the City Council and the City decided upon. I feel this intersection of Vanderhoof and Virginia would be proper circulation of traffic, 7 Co Ca 10/14/63 ZONE CHANCE NO, 272 m Continued Page Eight Mr, Ray Poteete:. The developers of this package would be more than happy to cooperate with the City administration and Engineering Department and Planning Department as to whatever extent that they deem advisable to develop the Virginia Avenue extension. We would be governed solely by their wishes, This would be considered and made applicable at the time we came up with our precise plan, The developers to the east of our development would be required to improve the widening of Barranca which would be an improvement to the City, Mayor Pro Tem Jett: Who owns the property in green? Would that be improved also? Mr, Ray Poteete: That belongs to another party. We wouldn't have any control of what happened to that piece of property, There is already an easement in the title policy which requires Mr. Lane to set aside 35 feet of the north side of his property for widening Virginia Avenue, This is already taken care of, There being no further public testimony, the hearing was closed, Councilman Heath: For the past six months I have heard insinuations throughout the City and all of them unfounded. Some of the stories coming out have been a little bit unreasonable. There was an insinuation made tonight that someone has interest in this property, This is the type of thing that is tearing the City apart, Mr, Lane, is there anyone on this Council having an interest, financial interest on your piece of property? Mr, William Lane: I am the sole owner of my property along with the finance company, Councilman Heath: Is there anyone on this Council who has a financial interest in your property? Mr, William Lane: No, sir; not to my knowledge, Mayor Pro Tem Jett: Is there anyone on this Council. who has any interest whatsoever in this property; in the sale of it or in any way? , Mr, William Lane: Not to my knowledge, Councilman Snyder: Mr, Berkman, recognizing your fears tnat this will set a pattern for east of Barranca, but recognizing the fact that the north side of this has already been zoned R-3, do you really think that you could fit R®1 between the bluff and the R®3 to the north? • Mr, Melvin Berkman: Yes9 particularly on the Lane property, I think it is suitable to R-1, Councilman Snyder: I think about the same arguments prevail on this piece of property as prevailed on the property to the north, I think Barranca is a dividing line and I think the pattern is different on the east side, Co C. 10/14/63 Page Nine ZONE CHANGE N0. 272 - Continued Councilman Heath: I have no comments. • Mayor Pro Tem Jett: I think Councilman Snyder has pretty well summed up my opinion of this property. In reference to the street, will Barranca be a filled street coming up the hill? Public Services Director, Mr. Dosh: Yes, quite a bit of fill. Mayor Pro Tem Jett: Public Services Director, Mr. Dosh: Councilman Snyder: Mayor Pro Tem Jett: This is going to make it extend up above any houses to be built there? Unless the property owner is in a position to haul in a great deal of dirt. This data further makes it harder to put R-1 in there. On this cul-de-sac or knuckle, would we have another dead spot in our water line? Planning Director, Mr. Joseph: The Planning Commission also received a copy of that plan and nothing has been filed with the City. It is merely an indication of the way it probably could be done. Any plans would have to come before the Planning Commission and/or the City Council prior to final enactment on the matter. Mayor Pro Tem Jetty In these cul-de-sac streets they are having problems with water backing up and becoming stagnant. There is no pressure in there and it becomes quite a problem so I think our Planning Department should be made aware of this and give it every consideration. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that Zone Change No. 272 be approved. ZONE CHANGE N0, 275 LOCATION: On the south side of George Collins & Associates Garvey between Citrus APPROVED and Barranca'a Request.to reclassify from Zone R-A to Zone C-1 approved by Planning Commission Resolution No. 1465. City Clerk, Mr. Flotten: 17 notices were mailed on October 2 and the notice of this public hearing appeared in the West Covina Tribune on October 3. (Read Planning Commission Resolution No. 1465.) Mayor Pro Tem Jett: This is the time and place for the public hearing. 0 0 Co Ca 10/14/63 ZONE CHANGE NOe 275 -.Continued IN FAVOR Mr,, Albert Eisenberg 9601 Wilshire Boulevard Beverly Hills Mr,, Alex Friedman 2730 East Garvey Avenue Mr,, M. E. Jackson 1400 Huntington Drive South Pasadena Page Ten I was served with notice as an adjoining property owner and I am in favor of the project,, My property is on the south where the bowling alley is,, I am in favor of this zone change for my property,, I am one of the subject property owners and I am in favor of the project as recommended by the Planning Commission,, There being no further public testimony, the hearing was closed,, Councilman Heath- I sat in on the hearings in the Planning Commission and there is a plan of joint use of a parking space between the bowling alley and this building,, It will be a daytime/nighttime use,, Councilman Snyder. Planning Director, Mr.joseph: City Clerk, Mr,, Flottexn- Has the precise plan been approved for this 15-story building? Yes; at the Planning Commission level,, The Council will have a chance to call up the variance and the pre- cise plan later this evening. Councilman Beath- If it is going to be the Council°s opinion to call up the precise plan or the variance, this zone change should be held over to go along with it; however, I think you will find that they have been gone over very well by the Planning Commission and I personally see no reason to pull the precise plan or the variance,, Councilman Snyder- I see no reason, either, because I think that this is C-1 at any rate and I see no reason to hold it up for the precise plan. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Zone Change No. 275 be approved, ZONE CHANGE NO,, 274 Request to change the zone classi- City Initiated fication of subdivision, parks, APPROVED schools, churches, and annexations, Approval recommended by Planning Commission Resolution No,, 1467,, City Clerk, Mr,, Flotten- This did appear in the West Covina Tribune on October 3, notice of this public hearing,, -10- Co Co 1.0/14/63 Page Eleven ZONE CHANCE NO, 274 - Continued City Attorney, Mr, Williams, We are amending that section, as .you know, so we will know whether it is legal or not. It says notice shall be given by publication and by mailing and/or by posting. Does the "or" refer to any one of the three, to two of the three, or what? I think the better rule is we have gone by it and we did go by it on the changes from the potential zone that you must either post or mail whenever there is a zone change. I think it has not been done in this case and this is contrary to the way I have ruled in the past. In nearly all of these cases, the zoning is simply conforming to the present and established use. I don't think there is much liklihood of any difficulty arising from any one of them. All you are doing now is bringing up your zoning map. Councilman Heath- You are talking about revising the zoning map and that is not what we are doing, We are rezoning certain parcels, I would like a ruling as to whether or not we are legal on this hearing, City Attorney, Mr, Williams? If I were to be consistent, I would say that the notice is not proper in this case, I think it may not make any difference because of the fact that in each case the zoning is to conform to established and existing? use, As I read the code it requires either posting or mailed notices in all cases. In addition, you must publish, Councilman. Heath, Mr, Williams, do you feel we can proceed without trouble at a later date? City Attorney, Mr, Williams, I think as a practical matter the answer is yes, The State law requires only the publication of notices in the newspaper, The State law does. not require the mailing or the posting. Our ordinance does require, as I read it, one or the other and we sometimes use both. I think as a practical matter there would be no difficulty if this went through, Councilman Snyder, If' somebody should contest this, what is the statute of limitations during which time they could contest it? City Attorney, Mr, Williams. I think it's six months; I'm not sure of that, Mayor Pro Tem Jett, I don't think just merely for the convenience of the City that we should go ahead with something like this any more than we should allow the individual to proceed on this course. If we have an ordinance for a certain procedure I think the City should follow it along with everyone else, Planning Director, Mr, Joseph, I think it would be a disservice in this case to require posting or mailing, You would have three or four thousand postings and this would be less than the required number of mailings you would send out, Mayor Pro Tern Jett, Does this justify not living up to the letter of the ordinance? C, Co 10/14/63 ZONE CHANGE NO, 274 - Continued Page Twelve Planning Director, Mr, Joseph- I was advised that this has been done many times in the past before • any of us were around, that when you had these mass rezonings with the present use of the property, that the practical way of doing it would be the way we are doing it here. i is City Attorney, Mr. Williams- I think that is right. Councilman Snyder: We are saving the taxpayers money, if it is contested within six months, we would have to start over and I think that is perfectly reasonable in time for somebody to contest it, Mayor Pro Tem Jett: This is the time and place for the public hearing, There being no public testimony, the hearing was closed, Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Zone Change No, 274 be approved. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that the staff be directed not to accumulate these zoning matters but to do them as quickly as possible in small, groups so these things don't pile up, PROPOSED AMENDMENT NO, 59 Request to amend the West Covina City Initiated Municipal Code as to those sections HELD OVER relating to the amending of residential zone classifications R-A, R-11 R-2, R-3 and R-4 approved by Planning Commission, Held over from April 22, 1963 to July 22, 1963, Zone classification R-4 approved by Council on July 22, 1963, and remainder held over to August 5, 1963, Held over to September loth and then to October 14, 1963, Councilman Heath: Director, These meetings have been meeting, I don't see how we can act study on R-2 and R-3. Councilman Snyder: City Attorney, Mr, Williams - ORDINANCE INTRODUCTION There were meetings set up to discuss this with our Planning cancelled, Until we have such a on this. We have to complete our I think we should introduce the first two. I have them broken down individually, The City Attorney presented- "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE PROVISIONS OF THE ZONING CHAPTER OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE R-A AND R-1 ZONES" 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 said ordinance be introduced, SWIM C. C. 10/14/63 PROPOSED AMENDMENT NO. 59 - Continued • Councilman iQath Councilman Snyder: Page Thirteen I think it would be foolish to set a date for a meeting when two members of the Council are absent. I think we should plan to be ready to act on this on the first meeting in November. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that the R-2 and R-3 portions of Amendment No. 59 be held to the .first meeting in November, and that a meeting be arranged with the Planning Staff to discuss these amendments sometime before that date. Mayor Pro Tem Jett: I am going to set the date of Thursday, October 31 for a joint meeting with the Planning Director for the purpose of discussing these apartment zones. The meeting will be at eight o'clock. PROPOSED AMENDMENT NO. 60 Request to amend the west Covina City Initiated Municipal Code section to replace HELD OVER those uses which are not now permitted in the new R-2, R--3 and R-4 zones, approved by Planning Commission Resolution No, 1436, City Attorney recommends that this amendment may only be considered valid if City Council approves Amendment No. 59. Held over from July 22nd to August 5th, and from August 5th to September 23rd, and from September 23rd to October 14, 1963. Planning Director, Mr. Joseph: This depends on Proposed Amendment No, 59. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that Proposed Amendment No, 60 be held over to the first meeting in November, November 12, 1963. ZONE CHANGE NO. 253 Vagt 6 Brooks NO ACTION that the matter was to be readvertised applicant if he still desires the zone scheduled for October 28, 1963. This matter came up for hearing before Council on April 8, 19635 and was continued for a period of six months with the stipulation and renotified at expense of the change. The hearing is now City Clerk, Mr. Flotten: This is for your information. It was approved that they could call • this up after six months. The six months are up and they have asked that this be set for hearing on October 28, 1963. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Zone Change No. 253 be set for hearing on October 28, 1963, and publication and notification be sent out at the applicant's expense, -13- 0 • Ca Ca 10/14/63 CITY CLERK PROCLAMATION United Nations Day October 24, 1963 TABLED Councilman Heath - Council members which might Therefore, these two persons ruled it should be observed, Council should speak for the Page Fourteen There is a possibility there might be opposition on this among the bring the approval to one or two persons, would obligate the entire Council if they Do you feel that two members of the entire Council? Councilman Snyder- No, I don't,, This is one pa.lce where we represent the people making a proclamation like this,, I think you are correct in that we ought to wait until we have a full Council,, Certainly if we are going -to have controversies from the .floor, I think not only the opinions from -the floor but the opinions from the other Councilmen should be considered in our decision,, City Manager, Mr. Aiassa- There is a question of the date, October 24, 1963, Your next meeting is on the 28th,, Councilman Snyder- I would say we are unable to act tonight because we do not have a full Council and it would not be proclaimed tonight,, Mayor Pro Tern Jett, I think perhaps at this time this might be our only course,, Councilman Snyder- I would oppose anybody speaking on this matter,, City Attorney, Mr,, Williams,-, The Council meeting is not an open meeting. You can allow it but there is no right to ask for a point of order from the floor,, Councilman Heath; They can bring it up under oral communications anyway,, Mr,, Charles M. T3ussert- I am wondering if' this kind of a rule on anv issue doesn't allow some member who doesn't want to get involved in controversy, by merely being absent he frustrates the opportunity for a thing to be discussed If he doesn't show up it seems to me and I have heard so many times that on particular issued the people will show on occasion after occasion that several members aren't present,, Mayor Pro Tem Jett- You're making a statement, not a point of order,, Councilman Snyder- I think he has a valid question but I would say right now that I don't think his reason is sound. Of the two Councilmen absent tonight, one is sick and one had to be out of town I wouldn't want anyone to construe that this is a way for.this Council to duck this issue. I feel definitely and sincerely that this is a matter for the whole Council. I am not ready to make a decision until I hear all views, including the. other Councilmen's views,, -14® C. C. 10/14/63 UNITED NATIONS DAY - Continued Page Fifteen is Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that the matter of the proclamation of United Nations Day be tabled. PLANNING COMMISSION ACTION OF OCTOBER 2, 1963 PARKS & RECREATION None GENERAL MATTERS ORAL COMMUNICATIONS ZONE CHANGE N0. 271 (Muth) So indicated by Mr. Flotten. (No items called up.) Mrs. Olive M. Britt: I want a point of information. I am disappointed that the decision on Zone Change No. 271 was not rendered. The hearing on my appeal was held and closed and I was assured that I would receive the decision tonight. On Zone Change No. 277 that you held over with mine, the hearing has not been held and I am wondering if the Council couldn't possibly get together and make a decision so I might have it at an earlier date than two weeks from now. These people have had my property tied up for six months and it is over three weeks since we have the meeting. The two cases are entirely different and I don't know why mine would be postponed in conjunction with the other. Councilman Snyder: The Council held this over because they felt the other matter had a definite bearing on this. Mrs. Olive M. Britt: Then you haven°t come to a decision. City Attorney, Mr. Williams: If it is the Councils wish, I will prepare this ordinance and have it ready at the next meeting and you will lose no time because had they acted tonight favorably I would not bring the ordinance in until two weeks from tonight. Mrs. Olive M. Britt: • Mr. Chuck Dowding 1605 South Belmont West Covina Planning Director, Mr. Joseph: That would be fine. It warn°t clear to me that the case on Mrs. Britt's property was closed. Is this the case? On Mrs. Britt°s property the hearing has been closed. -15- u Page Sixteen August 19, 1963 - Approved as submitted as follows: Motion ,by Councilman Heath, seconded by Councilman Snyder, and carried, that the Minutes of August 19, 1963 be approved as presented, .August 26, 1963 - Approved as submitted as follows: Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the Minutes of August 26, 1963 be approved as presented. September 3, 1963 - Approved as submitted as follows: Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the Minutes of September 3, 1963 be approved as presented, CITY CLERK'S REPORTS PROJECT C-189 ACCEPT STREET IMPROVEMENTS Sully -Miller APPROVED LOCATION: Lark Ellen from San Bernardino Road to Badillo. Accept street improvements, Authorize release of Industrial Indemnity co, bon'. No. YS 024576 in the amount of $61354,00 subject to Notice of Completion procedure, Inspector's final report filed, Staff recommends acceptance and release of bond, Motion by Councilman Meath, seconded by Councilman Snyder, and carried, to accept the street improvements in Project C-189 and authorize release of Industrial Indemnity Company Bond No, YS 024576 in the amount of $6.054,00 subject to Notice of Completion procedure, PROJECT S,P,6327 LOCATION: Valinda Avenue from (Por, of C-143) Service Avenue southerly APPROVE PLANS AND SPECIFICATIONS to Mobeck Street, APPROVED Approve plans and specifications, Authorize City Engineer to call for bids, Budgeted item, Traffic Safety.Funds, City Engineer's estimate $7,812,50, Staff recommends approval and authorization. Motion by Councilman Heath, seconded by Councilman Snyder, and carried,.to approve plans and specifications for Project S.P. 6327 and authorize the City Engineer to call for bids, -16- z Ca co 10/14/63 CITY CLERK'S REPORTS - Continued . PROJECT S,P,6334 APPROVE PLANS AND SPECIFICATIONS .APPROVED • Authorize City Engineer to call for order to lowest responsible bidder. County Aid Funds, Staff recommends for bids and issue purchase order, Page Seventeen LOCATION- West side of Glendora between Vine and Barbara. Approve plans and specifications, informal bids and issue purchase City Engineer's estimate $1,716,55. approval and authorization to call Motion by Councilman Meath, seconded by Councilman Snyder, and carried, to approve plans and specifications for Project S,P,6334 and authorize the City Engineer to call for informal bids, Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that if the bids for Project S,P,6334 are less than $2,000,00, that the issuance of a purchase order be approved, RESOLUTION N0, 2755 ADOPTED Mayor Pro Tem Jett: The City Clerk presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO, 3541' 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 Pro Tem Jett Noes- None Absent- Councilman Towner, Mayor Barnes Said resolution was given No, 2755, RESOLUTION NO, 2756 ADOPTED • Mayor 'Pro Tem Jett: The City Clerk presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE .BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN N0, 350" Hearing no objections, we will waive further reading of the body of the resolution, -17- • Ca Co 10/14/63 Page rilghteen RESOLUTION NO, 2756 - Continued notion by Councilman lHeath, seconded by Councilman Snyder, that said resolution be adopted, i,'iotion passed on roll call as follows:; Avese Councilmen Eea.th, Snyder, Mayor Pro Tem Nett Noes; None Absent- Councilman Towner, ;Mayor P,ar. nes Said resolution was given No, 2756 RESOLUTION NO, 275`7 !'ADOPTED Mayor Tiro Tem Jett Councilman Meath-, The City Clerk Presented; "A RESOLUTIOid OF THE CITY COUNCIL OF THE CITY OF WEST COVIi'1A A^II\0VI.iIG TIME 13OND TO CUARANTEE TI.IE COST' OF CERTAIN Ii1P1ROVEMENTS AND THE TIME OF COMPLETION IN TRACT NO,, 28897" Iiearincy no objections, i.,Te will iaaive further readins? of the bodv of the resolution., r1r.„ City Attorney, is a letter of credit a bond? City Attorney, Nr, r.,,'illiams : Tt .s not a bond but the )ubdivision naP Act leas amended about two years aFo to permit a letter of credit instead of a bond or cash deposit. I .reviewed it and it seeris to comply with the new law, l'lotion by Councilman heath, seconded by Councilman Snyder, that said resolution be adopted. motion passed on roll call as follows,., Ayes: Councilmen Heath, Snyder, ilayor 'ro Tear Jett Noes Norie Absent, Councilman Towner, Mayor Barnes Said resolution was given No. 2757, PROJECT C-170 L0CAT 101\1 Lark Ellen Avenue ACCEPT 1111PR0VI i'iEN'I.'S between Puente and Idahome Davey Tree Surgery Co,, Ltd APPROVED Accent relocation of' palm trees imnr.ovem.ents and authorize release of AriJonaut Insurance Co. bond No. 092020 in the amount of $99702.00, subject to Notice of Completion procedure,, Staff reco mends acceptance and release of bond. Inspector's final report filed. • Public Services Director, Mr. Dosh: i•de are keepinn a 10% retainer for a certain amount of. time but �Je have no ,7ua.rantee that the trees will live, City ilana er, rIro Aiassa Councilman heath. We moved five south of the bridge on Lark Ellen and we salva.Fed three, If we accept this can we still keen 10% if we accept the improvements? -18- Ca Ca 10/14/63 PROJECT C-170 - Continued Page Nineteen City Attorney, Mr, Williams: If you release the bond, the bond is permanently released. They have an arrangement where they will take a cash deposit to guarantee this, Public Services Direcotr, Mr, Dosh: Yes; 10%, We expect and they agreed that these trees will. settle in the next six months. Some will go out of plumb and they will come back and straighten these and this is our guarantee. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to accept the improvements in Project C-170 and authorize release of Argonaut Insurance Company Bond No, 092020 in the Amount of $9,702.00, except hold out 10% until it is known whether additional work is required, RESOLUTION N0, 2758 ADOPTED • Mayor Pro Tem Jett: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED" (Leslie Sugar) 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 Pro Tem Jett Noes: None Absent. Councilman Towner, Mayor Barnes Said resolution was given No, 2758, RESOLUTION N0, 2759 ADOPTED Mayor Pro Tem Jett. The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEEP' (Leslie and Miriam Sugar) 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 Pro Tem Jett Noes- None Absent, Councilman Towner, Mayor Barnes Said resolution was given No, 2759, -19- z 0 C, Ca 10/14/63 CITY CLERK'S REPORTS -- Continued RESOLUTION NO. 2760 ADOPTED Mayor Pro Tem Jett: Page Twenty The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED"' (West Covina Properties) Bearing 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 Pro Tem Jett Noes: None Absent: Councilman Towner, Mayor Barnes Said resolution was given No, 2760, RESOLUTION NO, 2761 ADOPTED Mayor Pro Tem Jett: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Leslie Sugar) Hearing no objections, we will waive further reading of the bodv 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 Pro Tem Jett Noes: None Absent: Councilman Towner, Mayor Barnes Said resolution was given No, 2760, RESOLUTION NO, 2762 ADOPTED • Mayor Pro Tem Jett: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Leslie Sugar and Miriam Sugar) Hearing no objections, we will waive further reading of the body of the resolution, Ca Ce 10/14/63 RESOLUTION 1,40, 2762 - Continued Page Twenty --One 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 Pro Tem Jett Noes: None Absent: Councilman Towner, Mayor Barnes Said resolution was given No, 2762. RESOLUTION NO, 2763 ADOPTED Mayor Pro Tem Jett: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTTNG THE RECORDATION THEREOF" (West Covina Properties) 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 Pro Tem Jett Noes: None Absent: Councilman Towner, Mayor Barnes Said resolution was given No, 2763, RESOLUTION ACCEPT CORPORATION GRANT DEED GAR-LO, INC, HELD OVER and RESOLUTION ACCEPT CORPORATION GRANT DEED GAR-LO, INC, HELD OVER LOCATION: Northeast corner of Wescove Place and Sandy Hook Street, Accept grant deed for street and highway purposes to be known as Wescove Place, Accept grant deed for street and highway purposes to be known as Sandy Hook Street, Staff recommends adoption of the resolutions, Mayor Pro Tem Jett: What they want from the City is a guarantee that it will be a temporary easement? City Manager, Mr, Aiassa: The proposal is that if the Council passes these resolutions you have on file a letter from the Elk°s Club in which they stated they would grant an easement across their property on a temporary basis, If the Council decides on which pattern the street would follow, if there was not going to be a decision on the pattern of the street, they would prefer a permanent drain installation which would run in the neighborhood Of $1,100, The situation you are involved in here is that if the -21- le Co 10/14/63 RESOLUTIONS - GAR-LO, INC. - Continued Page Twenty -Two Mr. Aiassa - Continued Council accepts these dedications or these two deeds, the responsibility— •will be left to the Council to determine the street alignment -arid if -it is satisfactory to the Elk's Club you will be relieved of a permanent drain° If it is not, you are on record that you would satisfactorily provide -a drain through that property. When you accept these two instruments you will relieve the subdivider of any responsibility for the permanent drain and place it in the lap of City Council by the letter on file from Elk.'s Club... Mayor Pro -Tern Jett: Mr. Williams, how can we do this? Also, the Elk's Club requires a covered drain in the event we have a permanent drain. In the event we release the buil- ders from the responsibility and accept this deed, it puts the City in the position of guaranteeing drainage for this area either across the Elk-'s property by giving them a cash payment of $1,100 and some dollars plus con- structing a pipe line for drainage across their property. Should we -re- lease this at this time? I don't believe at this time we know for sure the alignment of the street although we proposed it would extend westerly which is the natural flow of the drainage but we have no assurance this will go through, Mr. Williams: I don't know what you can do. Once you accept these deeds, the problem is ours. I don't know that you need to accept these deeds at this time. It seems to me that you discussed this matter at the time this alignment was first approved by the City and it was indicated that you would with- hold the acceptance as a public street until such time as a solution was reached to the west., If so, I think you should simply hold these deeds without accepting them. Mr. Aiassa: There is another solution; have the developer put up a bond equal to what this permanent improvement is valued or estimated. Mayor Pro-Tem Jett: That is just the cash payment. In addition to that, there is the cost of installing this permanent drainage. Is this the improvement cost? Mr. Dosh: Mayor Pro-Tem Jett: That is my understanding. Why would we give them a payment? Mr. Aiassa read the following letter from West Covina Lodge No. 1996, Bevevolent and Protective Order of Elks dated April 17, 1963 addressed to the City Council re: Precise Plan #106 (1405) Attention: Re E. Pontow: "In regard to your request of April 10th for a drainage easement along the westerly side of property owned by B.P.O.E. Lodge No, 1996, we wish to advise that the Board of Directors reviewed your letter at a special meeting on April 16tho The Elk's Lodge will be glad to assist the City of West Covina in any way possible to help them solve the drainage problem on a temp- orary basis. Our records, however, show that we were required by the City of West Covina to develop a half street known as Wescove Place and deed to the City free of cost the area necessary for the street, This requirement resulted in considerable expense to the Lodge which the Lodge felt they did not need for their operation as they already had adequate access to Merced Avenue. Besides the street improvemt and dedication requirement,mentioned above, we call your attention to Item No. 9 of Planning Commission Resolution No. 463 as follows:. -22- 40 Co Co 10/14/63 Page Twenty -Two - A - RESOLUTIONS - GAR-LO, INC. - Continued Letter from West Covina Elk's Lodge No, 1996 - Continued: it '90 That adopted Block Study No. 45 be revised to conform to this plan,' We understand that the City Planning Commission has since changed Block Study No. 45 which now shows a different street layout and which does not provide for the normal run-off of storm water in the proposed streets. Evidently this situation is creating the drainage problem now before US. After discussing the problem with the City Engineer, we will cooperate with the City in the following manner: A. Temporary basis. The Lodge will grant free of charge a 5 foot temporary drainage easement or furnish a drainage letter to the City of West Covina as needed for the following considerations: to That the City Council provide the Elk's Lodge with concrete evidence, either by Resolution, Ordinance, or adopted official plan of streets for the area which will show that surface drai- nage will at some future date be carried wes- terly in Wescove Place extended to California Avenue, or to some suitable outlet in Merced Avenue. . 20 That the City Developer of Precise Plan No. 334 provide temporary improvements in the easement, maintain said improvements, and specifically keep it clean and free from weed growth. Bo Permanent basis. The Lodge will grant the City a per- manent 5 foot drainage easement through their property for the following considerations: to Payment to the Lodge in the amount of $1,150.00. 20 City will improve or cause to be improved and main- tain the drainage structure in the easement. 3. The type of drainage conduit will be concrete en- closed with a minimum of 6 inches ground cover." Mayor Pro-Tem Jett: I don't think we want to release this until we have some instru- ment guaranteeing the developer will take care of any cost of this drainages We approved this for their convenience so they could get underway in their development. Mr, Dosh: Are we in a position to require the developer to the west to do one of two things: when he comes in for his precise plan either require a street across his property or in lieu of that request an easement for drainage across his property. This is for the property to the west when it develops. Councilman Snyder: The whole burden shouldn't be on the property to the west. - 22-A - Ca Ca 10/14/63 Page Twenty -Three RESOLUTIONS (GAR-L0, INC,) - Continued . Councilman Heath- I thought we established the policy; it was to be a temporary easements Therefore we don't have to pay the developer or the Elk's Club anything, At this time all we want to do now is indicate to the Elk's Club that this is a temporary arrangement and that as soon as the property to the west develops that this drainage problem will be taken care of, Public Services Director, Mrs Dosh- They are still asking $1,150 for the use of the property. City Manager, Mr, Ai.assa- Now is the time to obtain your protec- tion especially where there is a cost of $1100 involved. Mayor Pro Tem Jett- I donut see where holding up the acceptance of this grant deed would place any hardship on the developer. I think we should take some steps to protect the City, City Attorney, Mr, Williams- If the developer has done everything he has to do, that is all you can ask. Of course, you don't have to accept a street if you don't want to, Councilman Snyder- Is it customary for an inside developer to help pay for draining the property through some- one else -Is property? Public Services Director, Mr, Bosh- The customary thing is to require the down stream property owner to dedicate easements, City Attorney, Mr, Williams- When this came up in April, it was decided that this problem was caused by the City and it was only fair that the City pay for alleviating -the problem, Councilman Heath- This is accumulation off a public street. I think the only thing we can do is accept these grant deeds and write a letter stating that the Council's opinion is that this is a temporary drain across the Elk's property and consider it as such until such time as the property to the west develops, City Attorney, Mr, Williams- The terms of using it for a temporary purpose were set forth in what Mr. Aiassa read, City Manager, Mr, Aiassa- The Council is advised that if they do go the route of accepting •these deeds and a temporary drain than somebody is going to be responsible to pick up the money somewhere.to put that'permarient drain in. Councilman Snyder; a runoff from a City street, It seems we are stuck either way, We decided in April that it was Spain Ca Co 10/14/63 RESOLUTIONS (GAR-L0, INC,) - Continued Page Twenty -Four City Attorney, Mr•, Williams- Apparently you have made a deal with the developer; if he has built the street according to a plan you approved and you said you would accept them, the only question is whether the drainage that you want to cross the Elk's property at this time will be a temporary drain or a permanent drain, Inasmuch as it doesn't cost anything to get a temporary drain and the permanent solution may be provided when the property to the west develops, it seems to me you would accept the deeds, they become public streets, and it is our burden to drain it, We have an offer, free of charge, to drain it across the E1)0s property on a temporary basis providing we give them a letter stating it is a temporary thing, If the property doesn't develop within five years, we are going to have to pay the Elk''s Club, pay the fee and put in our permanent drain, City Manager, Mr, Aiassa< I think the record should show that if the solution for the permanent project is dropped and you don't resolve the street problem that you have made a commitment to the Elk°s Club for a permanent drainage system at this location. Councilman Snyder, Would it be wise to hold off accepting these for two weeks and have the staff see what they can do about it, I think that might be the answer, •Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that the'two resolutions having to do with the Gar-Lo, Inc, be held over for two weeks and that the staff be directed to negotiate with the developer for the possibility of participating in a drain across the Elk°s property, WRITTEN COMMUNICATIONS None CITY ATTORNEY RESOLUTION NO, 2764 ADOPTED Mayor Pro Tem Jett - The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING VARIANCE NO, 443" (Aneas Corporation) 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 Pro Tem Jett Noes,- None Absent- Councilman Towner, Mayor Barnes Said resolution was given No, 2764, -24® C, C, 10/14/63 CITY ATTORNEY - Continued • RESOLUTION NO, 2765 ADOPTED Mayor. Pro Tem Jett - Page Twenty -Five The City Attorney presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING VARIANCE NO. 456" (Aneas Corporation) 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 Pro Tem Jett Noes- None Absent- Councilman Towner, Mayor Barnes Said:%,resolution was given No, 2765, RESOLUTION .NO, 2766 ADOPTED The City Attorney presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING UNCLASSIFIED USE PERMIT N0, 78" (Aneas Corporation) Mayor Pro Tem Jett- Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Mayor Pro Tem Jett, that said resolution be adopted, Motion passed on roll call as follows- Ayes- Councilman Heath, Mayor Pro Tem Jett Noes- Councilman Absent- Councilman Said resolution was RESOLUTION N0, 2767 ADOPTED 0 • • Co Co 10/.14/63 'CI"TY' ATTORNEY Continued ORDINANCE INTRODUCTION Page Twenty -Six The City Attorney presented - "All ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 259 - Aneas Corp.) Motion by Councilman Heath, seconded by Mayor Pro Tem Jett, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by :Mayor Pro Tem Jett, and carried, that said ordinance be introduced, (Councilman Snyder, voted "No".) RESOLUTION NO, 2768 ADOPTED Mayor Pro Tem Jett - The City Attorney presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTTNG A SIGN VARIANCE" (V 'ISS, Reliable Savings 8 Loan) 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. Pro Tem Jett Noes- None Absent- Councilman Towner, Mayor Barnes Said resolution was given No, 2768, CITY MANAGER REPORTS APPR6ISALr PURCHASE -`ORDER FOR FUTURE FIRE STATION SITE NO, 2 Harrison -Baker City Manager., Mr. Aia.ssa-, I �,rould like authorization to issue a purchase order to Harrison Baker to appraise the West Covina fire site No, 2':, You have a copy of the estimated appraisal not to exceed $900c Motion by Councilman Heath, seconded by Councilman Snyder, that the City Manager be authorized to issue a purchase order to Harrison -Baker to appraise the West Covina Fire Site No, 2, not to exceed $900.00, Motion passed on roll call as follows2 Ayes- Councilmen Heath, Snyder, Mayor Pro Tem Jett Noes- None Absent- Councilman Towner, Mayor Barnes -26- Page Twenty -Seven CITY MANAGER REPORTS - Continued DEL NORTE PARK ACQUISITION . Mr; Ai_assa: I have a proposal from Mr. Gonne and Mr. Henricks on a parcel ad- joining the Del Norte Park, I have outlined their program to the Council where.they are interested in negotiating with the City for a tie-up of this property for a future park use but they want a firm official appraisal so they know what their land is valued at present, I would like to get„ an estimate as to what the property would cost for a firm appraisal, We would have another meeting with them and make them a firm offer which could either be short-term or long-term purchase. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the City Manager be instructed to obtain an estimate of the'cost of appraisal on the Gonne and Henricks property for the possibility of purchase CITY CLERK. PETITION City Manager Ordinance Councilman Snyder- It seems to me that the same ar- guments used in discussing the U.N. proclamation hold with regard to this ordinance. It is certainly con- troversial and if we are going to.hold it for the general election next . year, the two Councilmen who will probably have to bear the burden of the discussion in their campaign are not here. If there is any way by procedure we can avoid action on this tonight and hold it to the next regular meeting, it should be done before it is submitted. Councilman Heath: Councilman Snyder: We can't act on it tonight anyway. We only have ten days, Mro Williams:c I think it is necessary that the City Clerk present the matter to you tonight. He was to present it within a period of ten days. The Code'states that. (Read Section 4009 of the Elections Code.) If there is not to be an election.,.: the ordinance must be introduced tonight and passed within 10 days of tonight. As a practical matter I would assume this: In spite of what the Code says, if you don't do these things a writ of mandate would compel the Council to set the matter for election. Let's suppose you didn't do this within 10 days but did adopt the ordi- nance within 60 days or so. If you have adopted it before the election, you are not going to hold an election whether you shall adopt what you have already adopted. You would be in violation of the provision of the Code but I don't think it would effect the validity of the ordinance. In the meantime, you merely run the risk that someone might mandate the Council. to set it for election. 0 Councilman Snyder: If we didn't introduce the ordinance tonight there is nothing to prevent us from introducing it next time, -27- Ca Ca 10/14/63 CITY MANAGER ORDINANCE - Continued Page Twenty -Eight City Attorney, Mr. Williams: The only thing is you are in danger of a writ of mandate to make you do one of these things. I don't think you lose the power to introduce and pass it by not doing it tonight. Councilman Snyder: ,Mould it require an election? City Attorney, Mr. Williams- The meaning of the Code is if you don't pass it within ten days you must have an election. If you did pass it within 30 days, would you hold an election in April? I don't think so. Mayor Pro Ten Jett: This is something that has had a lot of publicity and I still feel that it should be submitted to the people of West Covina and let them know all the facts of this case and let them make th-e decision, City Attorney, Mr. Williams: I think it is clear under the Elections Code that there is a mandate on you to act one way or the other tonight. What you do may be reversed when two more people are here but the section of the code states that the Council shall do one of these things. Mayor Pro Tem Jett: Does this mean a special election . or in the next regular election? City Attorney, Mr. Williams- That is a matter of choice with the City Council. Where the petition is signed by more than 150 of the registered voters there is a requirement that the special election be called but there is an exception when the special election would be held within six months of a general election, the Council may then submit the matter at the general election so you could either pass the ordinance, submit it at a special election, or submit it at the regular election in April. Mayor Pro Tem Jett: I would hesitate to spend the money for a special election. I don't feel there is that much urgency in submitting this to the public for a vote. However, I am in accord with submitting it to the voters and this is something I said when the City Managers Ordinance was approved, that I felt the people of West Covina were entitled to make this decision. When this was brought before the Council, I again suggested this be submitted to the people for their decision. Councilman Snyder: The signers have asked us to introduce the ordinance and I think they hope we would not necessarily submit it to a vote of the people; in other words, rescind our action. I think the same argument used in the matter of controversies on the matter of the U. N. holds here. This is a controversial problem. I think the other Councilmen should have a say in whether they want to fight it or not. Councilman Heath: You say we have to act some way? City Attorney, Mr. Williams: The section of the code puts the duty on you. I think if the action is taken at any time before you actually set this on the ballot, if the action was taken to pass the ordinance it would remove the necessity of putting it on the ballot. Ca C, 10/14/63 CITY MANAGER ORDINANCE - Continued • Councilman Snyder; City Attorney, Mr, Williams: Councilman Heath: Page Twenty -Nine We don't have to set a date of election tonight, do we? No. Do we need a motion to say this is going to go on the ballot? City Attorney, Mr, Williams- I think it is simply a matter of whether or not there is going to be a motion to introduce the ordinance, If there is such a motion and it is carried, it is introduced, Mayor Pro Tem Jett: Would this be rescinding our former action? Councilman Heath- Yes, I-Iow many Councilmen does it take to introduce this? City Attorney, Mr, Williams: Two when there are three present. Normally one Councilman can introduce an ordinance but the code section in this instance states that the legislative body, the City Council shall introduce the ordinance or set a election. For an ordinance to be introduced by the City • Council when there is a quorum of three present would take three votes, Councilman Heath- In other words, two Councilmen now can make a motion to put this on the ballot at the next regular election? City Attorney, Mr, Williams- They could adopt a motion to place this on the ballot at the next regular municipal election in April of 1964, Councilman Heath- I think it belongs on there because I know a lot of these signatures were obtained under some pretty ridiculous statements and I think the people of the City are entitled to know the truth of the matter, Councilman Snyder: Don't you think it would be unfair to not let the whole Council set the date of. election? City Attorney, Mr, Williams- I think if at the next meeting or any meeting between now and the time you commence the proceedings for the April election, which would be around February of next year, that any time before that if the Council introduces and passes the ordinance there will be no election, • Mayor Pro Tem Jett: Mr. City Clerk, would you read the certificate? _29_ Co Co 10/14/63 Page Twenty -Nine -A CITY MANAGER ORDINANCE - Continued . Mr, Flotten; (Read Certification of a sufficiency of the petition to the -'City Council of West Covina submitting a proposed ordinance regarding the City Manager of the City of West Covina filed with the City Clerk at three o'clock P.M.,, Thursday, October 3, 1963.) Report as follows: " CITY CLERK'S CERTIFICATION OF THE!SUFFICIENCY OF THE PETITION TO THE CITY COUNCIL OF WEST COVINA SUBMITTING A PROPOSED ORDINANCE REGARDING THE CITY MANAGER OF THE CITY OF WEST COVINA WHICH WAS FILED WITH THE CITY CLERK AT 3:00 O'CLOCK P.M., THURSDAY, OCTOBER 3, 1963 The petition was filed within the six months period specified between the date of publication of the Notice of Intention to circulate the petition (April 4, 1963) and the date of filing the signed petitions with the City Clerk, October 4, 1963. • Signatures were checked by deputies from the Registrar of Voters office under direction of Deputy City Clerk, Lela Preston, Number of registered voters on.October 3, 1963 - 21,656 Number of signatures appearing on the petitions - 3,619 Number of signatures declared 257 insufficient by deputies 3,362 number of sufficient signatures 21,656 number of registered voters 3,249 15% required 2,166 10% required • The petition is hereby certified to be sufficient by over 15% of the number of registered voters," - 29-A - Ca C, 10/14/63 CITY MANAGER ORDINANCE - Continued Page Thirty Motion by Councilman Heath, seconded b-,; Mayor Pro Tem Jett, that this question of the City Manager Ordinance revision be placed on the ballot at the next regular municipal election, Motion passed on roll tali as follo1as: Ayes: Councilmen. Heath, Snyder, Mayor Pro Tem Jett Noes: None Absent: Councilman Towner, Mayor Barnes Councilman Snyder: I would prefer to see it intro- duced but I have no objection to seeing it on the ballot at the next election, TEMPORARY USE PERMIT APPLICATION FOR WEST COVINA OPTIMIST CLUB FOR SALE OF CI-IIRSTMAS TREES Councilman Snyder: City Clerk, Mro Flotten: • Councilman Heath: Isn°t it customary to act on all these things at once? Yes. Actually we should give them to the first people who ask -- first come, first served, Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that a temporary use permit be granted to the i,Iest Covina Optimist Club for the sale of Christmas trees on the corner. of Walnut Creek Parkway and California Street, TEMPORARY USE PERMIT APPLICATION FOR SISTERHOOD OF TEMPLE SHOLOM FOR RUMMAGE SALE City Clerk, Mr, Flotten: This is at their location at 1912 Guest Merced Avenue on October 17 and 18 and should be subject to inspection by the County. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that a temporary use permit be granted to the Sisterhood of Temple Sholom for a rummage sale at 1912 West Merced Avenue on October 17 and 18, 1963, subject to inspection by the County, • TEMPORARY USE PERMIT APPLICATIONS FOR CORONADO SCHOOL AND,WESCOVE SCHOOL P.T.A. City Clerk, Mr. Flotten: These carnivals are on October 26, 1963, Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that temporary use permits be granted to -the Coronado School P..T.A..and Wescove School P.T.A. for carnivals to be held -on October 26,,1963. -30- C] • n Ca C, 10/14/63 CITY CLERK - Continued NAVY DAY OCTOBER 27, 1963 City Clerk, Mr, Flotteno Mayor Pro Tem Jett: B'NAI B'RITH WEEK City Clerk, Mr, Flotteno Mayor Pro Tem Jett: Page Thirty -One We have a request to proclaim Navy Day October 27, 1963, If there are no objections, I will so proclaim, (There were none,) So proclaimed, We have a request from the B'nai B'rith to declare the week of October 13 as B'nai B'rith Week, If there are no objections, I will so proclaim, (There were none,) So proclaimed, PROPOSED WESTERLY ANNEXATION DISTRICT N0, 46 AND PROPOSED EASTERLY ANNEXATION DISTRICT NO, 47 TO THE CITY OF COVINA Councilman Heath: I think we should protest to the County that they do not take their share of Badillo Street and I think we should further protest that this is violating part of the gentlemen's agreement we have had with Covina and put in we expect them to withdraw their annexation, Councilman Snyder: And put them on notice that in view of their annexations here, we consider the Gentlemen's agreement no longer valid until such time they are willing to meet with us and clarify the terms of this agreement, City Manager, Mr, Aiassa: We had an understanding that they would contact our Annexation Committee before they would make any additional annexations, Counci.lman'Heath: This is true, I agree with Dr, Snyder, Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that Covina be notified that in view of their recent annexation procedures that the gentlemen's agreement is considered no longer valid until such time as we have a meeting with them and clarify the terms of this agreement, -31- Ca C, 10/14/63 Page Thirty -Two CITY CLERK - Continued VINCENT AVENUE INTERCHANGE LETTER FROM CHAMBER City Clerk, Mr, Flotten: You have copies of this letter from the Chamber -of Commerce, Both Mr, Tamb e and Mr. Gardner are here, Councilman Snyder: I think we probably made a mistake in not having a public hearing before we approved plan B and I think we should backtrack and do that now, Mayor Pro Tem Jett, There has been no firm action approving or a firm approval of any development as yet, The Council, as I understand it, after all of the plans submitted by Victor Gruen for study, selected plan B as being, in our opinion, the best solution of all those submitted to us, Therefore, we passed this approval but it was not in an official meeting that this was approved. It was approved for study and there has been no official action taken on this. I am sure the Council as a whole wants to work with you gentlemen and listen to your discussion on this and see if we can't come up with a plan for the best interests of all of West Covina, I think the Council is making every effort to straighten this thing out, Councilman Beath, I would like to back up at this time and I think the merchants should sit down and express their opinion on that interchange before we go any further, City Clerk, Mr, Flotten: to the City Council re this matter Chamber of Commerce, is as follows: I would like a brief summary of.' both letters in the Minutes, (Summary of the letter addressed from'D, G, Guyer, President, It is requested that the members of the Chamber's Area Development Committee be invited to attend, as observers, the very next meeting called for the West Covina Council to consider the progress report of the Victor Gruen and Associates regarding the central business district traffic study, Our Board is concerned over the possible breakdown of communications between the Chamber Board and the City Council in that the subject action took palce without the opportunity for Chamber review and recommendation, The Chamber Board is interested in working with the Council in resolving problems such as this which .affect the entire West Covina community and particularly the Vincent Avenue Interchange, This meeting should be held immediately,) Mira • C] Co Co 10/14/63 Page Thirty -Three VINCENT AVENUE INTERCHANGE m Continued (Summary of the letter addressed to the City Council re this matter from John L, Gardner, President, West Covina Plaza Merchants Association, is as follows - We protest the adoption of Plan "B" of the Victor Gruen report regarding the Vincent Avenue interchange because in our opinion it is a severe loss of parking which could only result in 'termination of leases and empty stores, We do favor a diamond interchange for Vincent Avenue which would separate shopper traffic from freeway traffic as part of an overall plan calling .for major interchanges at Azusa and another at the west end of the central district,) Councilman Snyder; There is going to have to be a meeting with the Chamber on the water problem and we could also include communication at that meeting, Councilman Heath; That would be fine, City Manager, Mr, Aiassa- Victor Gruen would like to have a combined evening meeting at the next meeting and: invite all. the interested people here.. It would have to be the 29th or the 30thoof the month, Mayor Pro Tem Jett- How many of these plans would you gentlemen like to look at? Would you like to bring back the five which we used as the final ones? Voice - Councilman Snyder - The Chamber in this case is interested in the overall plan. If somebody thinks he has a plan they havenat thought of,.have him submit it before the meeting, City Manager, Mr, Aiassa; Thev should see these plans long ' before the meeting, Anything to be reviewed by this group should be made known a week or so in advance to provide.time to Victor Gruen to enable them to make an analysis. Mr, John L, Gardner- In talking about plans to be shown at this meeting, it should include the plan that is now with the State, the plans that were tentatively approved by the Council Plan B. Also, at the last meeting where the merchants were over here with the Victor Gruen people, there was one plan submitted by merchants which almost unanimously received approval and submitted to Victor Gruen before that meeting and had no chance to have bugs worked out but there were definite possibilities to it and did accomplish certain things about it, Councilman Snyder- They have already told us that the State won't accept that plan. I am not objecting to submitting plans.; I am saving submit them well in advance so he will have time to evaluate them, -33- s •-o f C, C. 10/14/63 Page Thirty -Four VINCENT AVENUE INTERCHANGE - Continued Mr. Aiassa: We -could have the original plan which is already adopted and plan "A" and plan "B" plus the Diamond plan submitted by the Merchants Association. 40 Would that be enough for discussion that evening? Mr. Bentley: That should be enough to discuss. Mr. John L.'Gardner: In Pasadena they have put diamond interchanges throughout their City. The last one was approved within the last 120 days by the State. It is acceptable to the State and they are putting them in. It is our feeling that in all fairness to the merchants Victor Gruen should be instructed that he work the diamond out to the fullest possible ex- tent. If it is worked out it might be that the City of West Covina will accept this as possibly a compromise knowing it isn't the best one but in the long run would be the most workable one and do what we want it to do and that is to bring our City together. Mr. Aiassa: They (Victor Gruen) are trying to work it out. They are analyzing it on the same basis they did Plan "A" and "B". They are trying to do the most for a favorable solution to a rough problem, and if the Diamond Plan can solve the problem, we should use it. Mayor Pro=Tem Jett: What about October 30th for these meetings? This meeting will be on the Vincent Avenue Interchange. • Councilman Snyder: I think,notification to the different interested groups should say that no plan will be considered except those submitted at least a week in advance. Mr. Aiassa: We are going to limit it to these four basic plans. Councilman Snyder: Then tell them that these four and only these will be discussed. Councilman Heath: What is meant by "communication"? How much of a communication do you want or what type? Do you have any suggestions? Mr. John L. Gardner: It is the act of getting together and being able to communicate with one another. When something comes up where the Chamber can help or is concerned, where they would be involved, we need an expression back and forth. Councilman Snyder: What about a breakfast meeting with the Chamber? Mr. Chris Tambe: That is fine with us. 40 Mayor Pro-Tem Jett: We'll set the breakfast meeting for the 7th at 7:30 A.M. Mr. Aiassa and Mr. Tambe can work out the details. We also want to set up a meeting with the Chamber and discuss our water situation. I think it should be with the full board. -34- n U 0 Co Ca 10/14/63 VINCENT AVENUE INTERCHANGE - Continued Councilman Snyder: Mr. Chris /Tambe: Councilman Snyder: City Manager, Mr. Aiassa: REQUEST FOR EXTENSION FOR TRACT N0, 22510 Page Thirty -Five I could meet with them if you can't. Can you meet with our Executive Committee this coming Thursday at noon? All right. Can you be there, Mr. Aiassa? I'll check on it. City Clerk, Mr. Flotten: We have a request to grant a 12-month extension to complete the tract for recordation for Tract No. 22510, The ownership of the parcel has changed hands. (Read letter re this matter.) Councilman Death: We had the hearing on the annexation and it was closed. The annexation should be completed by now. City Attorney, Mr. Williams. It says hold up from the date of annexation, not hold up the annexation. Public Services Director, Mr. Dosh: What they want is a 12-month extension and they are a month late in getting in their request .for the extension. It is an extension of a final subdivision map. Their contention is that we approved it in September but didn't annex until a month later so the tentative doesn't take effect until the annexation took effect. City Attorney, Mro Williams: If the County will record it, I don't care. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Tract No. 22510 be given a one-year extension from October 15, 1963. REQUEST FROM DISABLED VETERANS City Clerk, Mr. Flotten: I have an application from the D.A.V. for permission to sell forget-me-nots on November 7, 8 and 9. Motion by Councilman Heath, seconded by Mayor Pro Tem Jett, and carried, that the Disabled Veterans be given permission to sell forget-me-nots on November 7, 8 and 9, 1963. -35- • • C, C, 10/14/63 CITY CLERK ® Continued LIQUOR LICENSE City Clerk, Mr, Flotten- Councilman Heath - MINUTES OF THE GREATER LOS ANGELES VOLUNTEER GOVERNMENTAL COOPERATION COMMITTEE City Clerk, Mr, Flotten Page Thirty -Six The Council has received copies of this A,B,C, application for the Pacific Liquor Mart, This is just a transfer, I need a motion to let me answer the questionnaire to the effect that the City is not in favor of this, City Attorney, Mr, Williams- I think you should indicate you are not in favor of the Committee, They are drawing a constitution and forming this huge committee with representatives from every City in the County, In turn they can appoint a committee if there is room for cooperation in the fire services, There is no sense in making a federal case and drawing a committee and a constitution and somebody from every City in the County, All you have to do is have the County, The City of Los Angeles and the Los Angeles Division of the League appoint three members from the fire service to study it. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the Mayor Pro Tem be instructed to sign this paper stating we are not in favor, DEMANDS Motion by Councilman Heath, seconded by Councilman Snyder, to approve demands totalling $208,498,95 as listed on demand sheets B138 and C339 through C342. This total includes fund transfers of $70,172.11 and bank transfers of $129,927,82, Motion passed on roll call as follows- Ayes- Councilmen Heath, Snyder, Mayor Pro Tem Jett Noes- None Absent- Councilman Towner., Mayor Barnes • FOREST LAWN Councilman Snyder - Councilman Heath. When are we going to meet with Mr. Blalock, provided I can set up a meeting? What about the 24th? -36- 4 0 0 Pi C, C, 10/14/63 I FOREST LAWN - Continued Councilman Snyder, Mayor Pro Tern Jett-, City Attorney, Mr. Williams - Councilman Snyder - Page Thirty -Seven I'll see what I can do. I won't be here but I can state that I am in favor of negotiating, C� Maybe we can meet this week. I can. call him up, Tell him the whole Council would like to meet with him. City Attorney, Mr-, Williams; We would like to know whether a meeting - 7 ' would do any good to determine about annexation and whether or not we can eliminate this case, Councilman Snyder: Tell him the Council is unanimous and ready to cooperate,, There being no further business flotion by Councilman Hea.th',, - seconded by Councilman Snyder, and ca.rriedL, that this -meeting be ad'ourned I at 12,-45 AoM� ATTEST, CITY CLERK APPROVED 2, / 9 � 3 MAYOR