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11-12-1963 - Regular Meeting - Minutesr 11 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA NOVEMBER 1.2 , 1963 The regular meeting of the City Council was called to order by Mayor Barrios at 8 � 10 P,M, in the West Covina City Hall. Councilman Towner led the. Pledge of Allegiance, The invocation was given by Dr, Robert B>.z -.ee of t:i�.e: Wes? Covina Methodist Church, ROLL ::ALL Present: ° Maylorr Barnes ,� Coc-inc .l..lme.n Towner,, Jett 9 Heaths Snyder Others Present,. Mr, George Awassas City Manager Mr-, Robeert F1.ot:ten, City Clerk and Administrative Assistant Mr. '-larry C. [,1i11 :iarils City Attorney Mr. Thomas J. Dosh, Public Services Director Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES September LC� :Lc6=; _ Approved as presented as follows,° Motion by Councilman Heaths s seconded by Cou.noilman. Snyder, and carried,, that: trie Min-,utes of September 30, 1963s be approved. as presented, • SCHEDULED MPaTTE RS BIDS PROJECT C-201. LOCATION. Willow Lane west of S'TREE7 IMPRO\%ENiLA1TS Willow Avenue The bids received are as follows D & W PAVING 10% bid bond $12s582,06 WIT LIAM KIRKLANI) 1.01 bid bond 14s217,97 SULLY MILLER CONTRACTING 10% bid bond 14�654- 58 DoP.G� COMPACY 1.0% bid bond 16,552,50 Motion by Councilman Towner, seconded by Councilman Snyder, that the contract for Pro=j ect: C- 20,:;. , street improvements, , be awarded to D F W Paving on the basis of t-heir low bid for the estimated contract total. of $12.,582.06 and that the bid bonds be returned to the unsuccessful bidders, Motion passed on roll call as follows - Ayes 1; Councilmen Towner, Jett., Hea-ths Snyder, Mayor Barnes • Noes, None Absent, Norte PURCHASE OF COMPACT CARS 64-1..3 City Manager, Mr, Aiassa; This matter was turned over to Mr. Kay, v1® Co Co 11/12/63 Page Two PURCHASE OF COMPACT CARS - Continued Mr. Kay. We haven't purchased cars for detective units in the past so •we had no real experience on the specifications we wanted and these are unusual cars in that these are a variety of cars so they won't look too much, alike.' We called for bids and tried to cover the entire spectrum of the compact class. 'We have come up with the recom- mended award of three Falcons equipped with four doors, V-8 engins, at the cost of $1,937.70 a piece 'from Russ Davis Ford. Three Valiants at $1,977.30 each. this is a total bid of $11,745.00. In this parti ' cular case these are V-8s rather than 6s and they are the second and third lowest bid. The lowest bid doesn't meet our qualifications; it was for a Studebaker. In our specifications one of the conditions is that we reserved the right to award the purchase in groups of threes. Mayor Barnes. Noting the recommendation of the Chief, you recommended V-8s over the 6s, Using these cars for stake -outs we don't have a need for hot cars like our police cars. Why the recommendation for the V-8 over the 6? Police Chief Sillo They are not always used on stake- out. Sometimes this extra power might be needed and we would like to have it. Thzre is not too much difference as far as idling time is concerned or travelling slow or • fast but when that extra power is needed we would like to have it there,, Mr. Aiassa-, When you trade them in at a later date, the higher horsepower gives you an extra margin. Motion by Councilman Jett, seconded by Councilman Heath, that the purchase of the compact cars (64-13) be made in accordance with the recommendation from the Chief of Police and the Finance Officer, Motion passed on roll call as follows- Ayes- Councilmen Towner, Jett, Heath, Snyder., Mayor Barnes Noesz None Absent.° V­,n -_ PURCHASE OF STATION WAGON' FOR PARKS AND RECREATION DEPARTMENT City Manager, Mr. Aiassaz If we did purchase a station wagon for the Parks and Recreation Depart- ment and there has to be an adjustment an the monthly allowance of the Director of Parks and Recreation. Finance Director, Mr. Kay; The problem with the pool cars is that •it has to be used eight, ten times a day. Mr. Gingrich takes a pool' car out for three or four hours at a time not leaving it available for multiple use. Councilman Jett- Aren't there times when he will need this for transporting the equipment? -2- C, C, 11/1.2/63 Page Three PURCHASE OF STATION WAGON - Continued • City Manager, Mr, Aiassa; This is why the station wagon was suggested, This is a pool car as far as we are concerned with the Parks and Recreation Department, It isn't assigned just to Mr, Gingrich, The staff will use it when Mr. Gingrich isn't using it, Finance Director, Mr. Kay? Our needs here are simple trans- portation with a little bit of room to carry materials so we went by the. bid, We are recommending the low bid which is a Studebaker station wagon for $1,812,76, This is a manual shift, Councilman Snyder,,, It seems to me the same arguments used in picking the police car would be valid in picking the :station wagon, I: suspect the station wagon will get more use than the detective cars. Underpowered cars are more likely to break down, Mayor Barnes, I am inclined to agree. The parts and repairs are more expensive, City Manager, Mr, Aiassa Mr, Ongrich now drives a Falcon station wagon with a stick shift • and he has found this very satisfactory, Councilman jett If you paid $90 more here I think what Councilman Snyder is saying is correct, "These is at least $100 difference in the trade-in value,, I would thank the Falcon would probably be as economical or more so over a Long period of ime Finance Director, Mr, Kaye The next lowest bid would be Russ Davis Ford, Falcon, at $1,903M3 This is roughly $90.59 difference, Councilman Snyder2 1 would rather see us go .f.or. the Falcon, In our budget session we did not establish any specifications that would determine the price so there is no amount appropriated specifically for this, City Attorney, Mr, Williams; You're not bidding on identical objects so you may make a finding that one though it may cost more is, in effect, the best buy or the lowest bidder., Motion by Councilman Snyder, seconded by Councilman Jett, that the bid for the station wagon for the Recreation and Parks Department be awarded. to Russ Davis Ford in the amount of $1,903,35, and that the unsuccessful bid bonds be returned, Motion passed on roll call • as follows - Ayes: Councilmen Towner, Jett, Heathy Snyder, mayor Barnes Noes! None Absent; None Finance Director, Mr, Kayo This is coming from the General Fund, In this instance we have to transfer every year the surplus from the General Fund over to the Capital Improvement Fund so you just have a little less surplus fund to transfer over, EMNE • • C, C ll/12/ 63 PURCHASE OF STA`T"ION WAGON - Continued Page Four Councilman Heathy it is for the Recreation and Parks Department, Why don't we transfer this money to the Recreation and Parks Department and charge this against their budget? Finance Director, Mr, Kay, A year or so ago we had what we • called a Park and Recreation Fund and legally now we have a. fund called the Park Fund which is restrictive in its use and we no longer have a Park and Recreation Fund, The recreation a.ctlivity of our budget is financed through the General Fund, The suggestion to pro rate a portion of this to the Park Fund would be justifiable, Mayor Barnes, The Council definitely wants this charged to the Parks and Recreation in some manner re:gardiless of how it was brought up in the budget because this is a part; of their dayvto,-day operation, Motion by Cou.nc l.ma,,�. Heath, seconded by Councilman Jett, that: the cost of this station wagon for, the Recreation and Parks Department be charged against the Recreation and Park Funds -to be apportioned by the Director of Parks and Recreation and the Finance Officer, Motion passed on roll. cal �_ as fo:l iotas Ayes-- Councilmen Towner, Jett, I-1eath, Snyder, Mayor Barnes Noes: None Absent- Tdone HEARINGS DISTRICT A"11-62­2 Hearing of protests or objections SANITARY SEi,=S to the change of work in Assessment CHAINGE OF WORK HEAPING District 11o, AR11,-62-2, Isar.kwood, Thackery and other streets and rights of way, as descrl-be.d ir., said plan and specifications, Set for hearing this date by Resolution of Intention to Change Work No, 2773 adopted by the Cit,r Council. on October 28, 1963 Mayor Barnes; Mr. City Clerk, do you have the affidavits of publication? City Clerk, Mr, Flotten° Yes, I do, Motion by Councilman Towner, seconded by Councilman Jett, and carried, that the affidavits of pu.bli'cation be filed, Mayor Barnes, Mr, City Clerk, have you received . any written protests or objections to this matter? City Clerk, 1111r, Fl.ottens No protests either oral or written, -4- • • • Co C, 111121/63 DISTRICT A'11-62=2 y Continued RESOLUTION ?,10 , 2775 ADOPTED Mayor Barnes Page Five The City Clerk presented: "RESOLUTTON OF THE CTTY COUNCTL OF THE CITY OF WEST COVINA ORDERTNC CERTAIN MODIFICATIONS OF THE WORK TO BE DONE TN ASSESSMENT DISTRICT NO, Al11-62-211 Hearing no objections, we will waive further reading of -the body of the resolution, Motion by Cou_nci:iman Hea-th., seconded by Councilman Jett, that said resolu-tion be adop-t_ed, Motion passed on roll call as follows - Ayes., Councilmen Towner, Jett, Heathy Snyder, Mayor Barnes Noes:; None Absent., None Said resolution Gaas giver, No, 2 'J ZONE CHA`•IGI✓ 110, 27, + Ra-v Kilz DEI,IIr D LOCP,I1O"I West s:i_de of Glendora between proposed Cameron and [Jescove Request to reclassify from 'Zone. R=-A and Zone TZ 1 to Zone Cml denied by Plan..ning Commission Resolution No,, 1476, Appealed bar applicant on October 23.,, 13.63 Councilman Jett< Mayor Barnes. - City Clerk., Mr, Flott:en, Mayor Barnes IN FAVOR I would like to be excused because T am involved in this matter, You may be. excused, (Read Planning Commission Reso- lution No, 1476,) `Phis is the time and place for the public hearing, Mr, Francis J, Garvey I represent the applicant. We 281 East Workman Avenue are talking about a land assembly Covina problem in which ten propy ert owners have banded to gether to request that their property located on the west side of rlendora be granted the same type of zoning granted along this street on both sides of their property, it -is true there is a certain amount of shallowness with respect to -the lots but this shallowness can be' overcome by devoting the property to so-called sattelite uses to the Von''s Shopping Center to the south, The street is a 100-foot major highway with the exception of two sections along the property in question. The rezoning of this property would provide for the improvement of Glendora Avenue in this area, Whether or not this is commercial or should be commercial doesn°t have to be argued too strenuously at this time because the decisions previously made in this area, in the properties to the north and the south to be commercial., are equally applicable to this strip, The justification should be upon the City, rather than the applicant, -5- C, C. 11%12163 Page Six ZONE CHANGE NO, 276 - Continued • to show why it should not be given the same treatment accorded to the other properties in the same general area. With respect to the residential on the other side of.the street, the courts have held that streets and particularly major streets can constitute a dividing line between zones, This has been done in other areas, We must take the properties as we find them, The area has long been subdivided, These are lots opening up on a major. street, It is nearly impossible for any of these residents to make a safe ex. t or entrance to or from Glendora Avenue because of -the volume of traffic which is found on that street, I think the principal. case for tree zoning _relies on the dec;_sions previously made with respect to the property to the north and to the south. There is no precise plan submitted at this time, After the Planning Commission denied the precise plan it was determined that perhaps further. studies should be made with respect to allocating the driveway entrances and exits and the combination of uses which could be put the,­e ,, The owners joined in this appli- cation and in -the application of the precise plan and it is my under- standing that they will join again in another precise plan which wi11. invcl.ve the use. of Y:his as a sing- e parcel for use although not a single parcGi for o��-nership, I cask that you accord to this property the same treatment you have pre'viou.s l.y accorded to the property to -the • north and the soU+:h , IN OPPOSITION Mrs, Marjorie Gaines At every, Pllannina Commission or 91.4 West: Barbara City Council meeting I have. ever West Covina attended where a zone change was contemplated in a residential neighborhood, one fact has been reiterated over and over again; this is the necessity and desirab!" ity of a buffer zone between homes and commercial. developments, 'The homes directly abutting the property in question have been in existence for many years and the fact that most of this property is developed and occupied at the present time as residential property, this property iS :jL.n no way comparable to a problem area, These back up to homes which are of good quality and well cared for, Furthermore, in a redevelopment program, it is proven that there is a reason and need for a change, Other than the reason of personal profit of owners, land speculators, realt:ors and developers, one point which I hope you do not overlook is the fact that this property is right next to Von's shopping area which has a couple of parcels of land already ;zoned ,",=1 that have never been developed, Tt is obvious that business located on a fast moving major highway., .like Glendora doesn°t stand a chance unless it is located in a shopping center, When you have good undeveloped property lying vacant in an already established center, what: chance of success would small pieces of fronting • property have in a high-speed street? In this age of big business, the small businessman has a hard. time making a success of his business without handicaping him further with a poor and inconvenient location. Also, there are people behind. this property who would have no street as a dividing "line between zones, C. Co 11/12/63 ZONE CHANGE NO, 27/6 _- Continued Page Seven • Mr, Charles Jo [wilt I live backing up to the narrowest 868 Duff Avenue part of the proposed strip zone, West Covina I am against the rezoning for several reasons, I live right behind it and .instead of having a landscaped area with trees I'would have a parking lot which would probably be lighted at night; probably other, noises; perhaps late use, It would be a loss of value to my property, I urge you to deny this, Mr, Ronald Knolf I am just here to object, 910 South Duff' Everything has been said, West Covina Mrs, Gombert I wonder'if anybody has given any 1214 West Devers consideration to this problem existing in West Covina, There is one thing we haven't gotlto handle all this and that is safety, There isn't one sidewalk from the south to the north and from the east to the west that is complete, Mr, Blake I make my living in loaning money Duff Avenue for a bank in developments of the nature we are talking about now, in the very humble estimation of the bank T work for, this isolated . R-1 is exactly that, isolated; that everrtuai.ly it should be zoned other than. R-1. However, at the present tame, the encroachment on Rml must be very gradual in any community, We believe we may have been remiss in agreeing with the change of' zone on the Alscot property, Tf you go down Glendora with that thin strip, the ingress and egress on that major highway is absolutely impossible, We would suggest maybe .R-P which at Least you could control, If you approve the C-1 on Glendora I think you will have problems because I think you will have to develop the whole tract CW1 rather than just that one strip, Mrs, Mary E. Mosler I live at the corner of California 836 South California and C:rumley. I object to this West Covina very much, REBUTTAL Mr, Francis J, Garvey, The property is 244 feet at its maximum and drops down to about 110 feet at: the next two or three properties and expands again to 135 feet, Merely to stigmatize a piece of proposed zoning because it falls within "strip" zoning does not seem to be a valid argument, The time will come when again there will be an acceptance merely because of the extended use of .land for the placing of smaller personal service shops in a row with reasonable accessibility, The commercial will attract the people who live generally within walking distances and those attracted to the adjacent center and will come over here for auxiliary marketing. Regarding buffers, you require six-foot walls, This was not enough because there is a requirement of landscaping, We have a buffering problem in a narrow strip like this but we have several methods, I think buffering would be a problem to be solved on the -question of the precise plan, C, C, 11/12/63 ZONE CHANGE NO, 276 - Continued Page Eight • _ Regarding the argument that we have stores that are not doing well, maybe the location is right but I think it is a right of a merchant or businessman to choose his location, No man about to make an investment in a location does this on the spur of the moment, If this is a commercial location and if someone wants to go there they will go there because they see the need. I think we have indicated that there is a use here for commercial as demonstrated by the property zoned down the street; that the decision with respect to commercial in this area has been made at a prior time in the sense you have blanketed an area and by that you have made a decision because this is not creeping up the street; it is filling it in, City Clerk, Mr, Flotten: I received a letter in objection to this zone change from Mr, Duane F. Wroe, 916 Duff Avenue, West Covina., California, and dated November 12, 1963, I would like this spread in .full in the Minutes: • E "I am opposed to the City of [,hest Covina granting Zone Change Number 276 (as appealed) and I am opposed for the following reasons; "l, Such a change would be contrary to the General Plan, "2, The request was denied quite strongly by our Planning Commission, "3, The request is contrary to the recommendations of a highly skilled Planning Staff, 114, A majority of the property involved is not conducive to °C° zoning, (lots are too shallow), "5, Vehicular access require- ments for such zoning would conflict with and be hazardous to the flow of traffic on State Highway 39, '16, The granting of such a change would not provide adequate protection to the adjacent residential properties, All sound zoning principles call .for adequate buffering between C zoned property and R-1 properties, something not possible (nor required) in this particular case, "It is requested that my remarks be made a part of the minutes of this meeting, indi- cating at least this one property owners feelings toward a zone change of this kind," /s/ Duane F. Wroe There being no further public testimony, the hearing was closed, Councilman Snyder: Mr, Ray Kilz- Of these parcels, how many have existing homes on them? There are eleven parcels with ten ownerships and eleven houses, �.g® � Co C, 11/12/'63 Page Nine, ZONE CHANGE NO 276 Continued Councilman Snyder - Does the planning staff fee1 that • adequate parking can be put onto C zoning of this depth?. Planning Director, Mr, Joseph, On -this 110=,feet, they have.a five-foot setback, a store 35. feet deep,'a sidewalk, and then 20, 25 and 20, Holding to -this design, this -meets-code standards, There were problems that came up on_the .,precise plan and that is probably why it was not appealed, Councilman Snyder, There would be nothing to.prevent,. them from developing one. at a, time.? Planning Director, Mr, Joseph: I would say not, They have the same problem on the north., Mayor Barnes If these parcels were developed separately, could we cut. down.. the amount of egress and ingress to this property or would.we have to allow a driveway for each parcel as it develops? .Planning Director, Mr, Joseph- If a man came in and wanted to develop his property, according to the terms of the precise plan and zoning it would be difficult to say no, City Attorney, Mr, ; Williams - Regardless of t-,rhat zone.. the property is in, every "property -owner has a property right to access to the adjacent street. The only -way you can deprive him of it is through condemnation of that right which you have to pay for or requiring a dedication of that right in' certain instances like in a subdivision, Regardless of what zone it. is in, each property owner has a property right to entrance upon the adjacent street, Mayor Barnes I am thinking how,hard.;it is to get cooperation on a`development of this type, Councilman Snyder; Certainly I think this zone''as' requested is, creating more..,... problems than it is solving, I can't se.e that this is an answer,. I:' don°t think we have enough shortage of C-,l at the present time to justify adding this C-1 with all the attendant problems that would 'come with it,. ','Councilman Heathe In studying this property there are problems which lead me to 'b,elieve this'zoning is, justified and yet there.are problems'which`would • lead me to believe the zoning is not. As far as the,depth,is.concerned, I can take you to any number of parcels of commercial in the City. which are-200 feet and .deeper and you just don't have buyers for them,,. 200.. feet deep is less possible to develop than if it was more shallow, To go to a parcel 200 feet deep or more, you would need a good site business to go into it, Those big businesses are going to go into . shopping centers, they are not going to go in a zone like this. There is a need for smaller businesses and a location for smaller businesses. It has been mentioned that this is not,. practical to go Rml,' t`.think' we.ha.ve to concede .this point because it'is a heavily travelled street.. �9� and:I question whether anyone would build a new house in this particular Area, They are going to have to tear these houses down some time. and what do you put in their. place? I feel this is definitely not R-1, Sooner'or.later this has to be rezoned to something and I think I would �go-'along with practically anything other than R-1, It seems to me the Planning Commission refused to take the responsibility of studying this street and it should have been studied and made into a.firm project of study, The reason,. in my estimation, this street was not studied was purely for personal reasons and animosity toward a certain individual and the :proof of that pudding is the fact that members of .our .own Planning k' Commission `stopped. a City Councilman from testifying on Glendora ',conspired to get up and .walk out of a joint meeting between :the Planni•ng.Commission and the City Council as a direct slap in the face'at the Councilman and it was pre -arranged, and,I can prove it;, the'y.did,'not want to let one of the Councilmen testify. My point is this. We should have had a study.on Glendora Avenue, It was not done because of personal reasons, There is a study needed on Glendora Avenue, At the present time you have the west side of Glendora zoned for other than R-1 from the freeway to Merced with the exception of this small piece of property, Councilman Towner: I think this property has been the subject of considerable discussion over a long period of time, At one time it was suggested cae have an over-all study of Glendora Avenue, The City Council could have at any time ordered this study but didn't undertake it, I think it should have been done but now it is too late because there was zoning .pushed -through on these adjoining areas and I would note again that I opposed the commercial zoning on the adjoining areas, We are now faced with the fact that .the zoning is there and that the ad.joining parcels also .,Want commercial because what you do for one you'should do for the other, h think•.it.is apparent that there are several differences between the ...adjoining, property and this row of single family home rots,. There was. aii effort made to solve the problem of many. small: individual' ownerships ,on that property,to the north and the suggestion was made by proponents .:that this could' be done by precise planning and requiring all the, property owners to conform to the same precise plan before zoning became effective and then it was discovered that this tool didn't .work. 'Now we're faced with the problem of individual .owners. wanting,to'.come in and develop individually, I don't see how you can avoid tha.t•same Problem here, I think the problem_ of south Glendora has not been :solved, I.don't want to see this development go into'west'Covina because you can see what it looks like farther south on Glendora at. the. J.'6ining center, I do adn't think it's the.type of commercial zoning that holds up over the long haul, I_ think it is a detriment. to -the' adjoining adjoining homes, particularly those on Duff Avenue, Th.e.. ,property is so shallow you can't provide adequate buffering for noise, •lights., motors. This was attempted on Ralph's-Zody's property, Frank,ly9.it'provided one of the most difficult.problems we have had for a long time and it is claimed .that it.didn't work. It seems to me what. is'.presented here is not appropriate, I think it may be reasonable 'that we Could still provide some type of study for this and other similar! areas because this isn.'t the only one where you have single family..homes abuttinga major travelled street. I think we should have•such a study, _10_ C. C, 11/12/63 ZONE CHANGE 1,10, 276 ­ Continued Page Eleven • Councilman Snyder,, I agree that the staff had a study ready to go on rlendora and because of the fact that the zoning to north was put through ignoring this study that it was not considered feasible to go ahead with the study, I would like to point out -regarding Mr, Heath's state- ment about the Planning Commission walking out, that he did say "in his estimation",, 0 LJ Mayor Barnes,? T think we all agree that south Glendora -!.s not good residential property and we shoul(_1 have Ft -',tudv on -this,, By havInF, this zoning adjacent to a larger Lshoppin:; center necause peo ' ple would walk to these areas 'T' don't think is true, If this was zoned for C-1, T think this would have to be sliop, �,,Triere cars could come in and park and I see a biF problem, T-t would be wonderful if we could get people 'to cooperate and not have ail these curb cuts, T feel it should be something other than R-1 but I think. the general area should be studied and especia.12� ' i -ro depth,, T (Ion,"t ag,�ree, all of this zoning, I dc) r,, kno,-w zhat is ide­aa 1'Y r�� A.) depth ef in part icular. ,1-2.ouncilman Snyder,,, .1 would be in agreement in r e C, t j. n g he staff to begin a study of this area, Ili -is property is creal'-_i,-IIT more problems than it is solving, Councilman TleathDo you r)ariT to, hold this over for a c fern montl,a and 'et a study be made and then determine �,ihether vic F, o or face (] o i i ? - Councilman Snyder,, T -L don't Pee any advantalp.e in than � Councilman Towner ­. T thinl< anv study If it solves the problem :is p.oi . nF to be subject to material,_ -changes 7 F . think on, t�,,e cl the information submitted anal pendinF,. before us ris1h-r now tJta-, the should be denied and the study should be undertaker, this harFJnF. over our heads so we can approach the whole thinp h0T)(zf_L111V aril Objectivelv, I Councilman. se--onded b�% Snlder, that Zone Motion by Counci.)-lan, TO'-ME'r� Change No, 276 be denied, N o t J: o n passe6 on roll Call as follows Ayes Counc-11.1men "'owner, Snyder, Ma.vor 9�;.rnes oes, Councilman Heath Not voting, Councilman Jett Mayor Barnes Mir, Aiassa, how much would it cost us to get; an impartial. study_ from an outside source" City Manager, Mr, Aiassam I can get you some quotes, Councilman Towner;, Mr., Fisner has already said he will not undertake it, isn't - that right? City 14anager, llr, Aiassa, ',%le havenit consulted with him for almost two ,,ears At one time he turned -us down, 1= 11 - Co Co 11/12/63 Page Twelve HEARINGS - Continued Zone Change No, 276 Councilman Towner- If a study is to be undertaken, it should include similar areas in the City, Councilman Snyder: Azusa is one, Mayor Barnes, At the present time we need tine.. study on Glendora, The others can be done at a later date, Councilman. Heath-. I am not in favor of the staff doing it because they are over- loaded and I think to keep this impartial we should have an outside company do it on a purely impartial basis, Motion by Councilman Towner, seconded by Councilman Snyder, and carried' that the general area of South rlendora Avenue from Walnut Creek south should be the area of study, PROPOSED AMEAIDMENT NO. 59 Request to amend the West Covina . City Initiated T-junicipal Code as to those HELD OVER sections relating to the amending of .residential zone classifications R-2 and R-3, City Attorney, Mr, Williams. I received a communication from the Planning Department stating that at study session the City Council decided to add a new restricted multiple family zone than merely change it for the present R-2 and the new zone would be called R-2A. I can do this but the Aneas Corporation was zoned to R-2 and if the new zone is R-2A then the Aneas Corporation will be put into the old and obsolete and never been used R-2 zone, Councilman Jett - City Attorney, Mr, Williams - Councilman Heath - City Attorney, Mr, Williams:, Councilman Jett- • start taking them out, What are you going to do with these deep lots? You can do it under the new ordinance, The new ordinance only allows an acre and above, You don't have to keep that requirement, We are getting too many controls in our zoning and we have to Councilman Heath- We want to adopt a R-2 that is for a deluxe arrangement. One of the problems that caused us to take this decision was the fact that the R-2 garden type or the new R-2 was not adaptable to anything smaller than an acre lot, I think it should be anything from a half acre up. It was further stated by the Planning -Department that it was a floating zone to be put in problem property but when we started to discuss -12- C, Co 11/12/63 PROPOSED AMENDMENT NO, 59 - Continued Page Thirteen • these properties at the west end of town, which are 70 feet wide and 350 feet deep, this would not suffice on area requirements to go into the new R-2, Councilman Snyder: You can use your R-3 for those areas under an acre, I think it is foolish to keep the old R-2 which has never been used, Councilman Towner- I think we have need .for the new R-2 zoning concept and I think further that any indication that it was designed to apply to any particular area of the City certainly wasn't in my mind when T acted on�it. I think it might be adaptable to any area in the City depending upon the circumstances of the particular property, I think it is designed to be compatible with existing residential development where there are other problems which make further residential development not so reasonable. If we can find some other mea-ns of solving the deep lot problem then we can abolish the old R-2 and make this our R-2 zone, Councilman Snyder; I still feel that the R-3 can be used as -a tool to solving the deep lot problem and that was not the reason that I voted against applying the R-3 to that deep lot problem we had before us, It was for other reasons, not because I didn't feel that was the appropriate • answer, Councilman Heath: Move that the City Attorney be instructed to write the R-2 ordinance in accordance with the proposal from our Planning Department with the exception of the three items as marked; and further that the minimum lot,area in this zone shall be not less than the lot size permitted in the area district in which it goes, Mr, Francis J, Garvey: What effects would this have on the condominium when you have specific lot sizes? Planning Director, Mr, Joseph; Under Amendment 61 the Planning Commission has instructed the Planning Department to consider amending the subdivision ordinance and the zoning ordinance to handle the condominiums, City Attorney, Mr, Williams: [-ale are going to make a proposal that the definition of lot as used in our code does not include a unit in a condominium either .for the purpose of subdivision or zoning, Councilman Heath- I will withdraw my motion, Councilman Towner- It seems to me we have a workable is tool in the new R-2 zone and we can't solve the condominium problem with this zoning or any other zoning on the books, We have to enact new ordinances to solve that problem, Councilman Heath- Move that the City Attorney be instructed to draw up an ordinance for a R-2 zone in compliance with the recommendations of the Planning Commission to include the modifications or deletions as marked and that the lot sizes be specified to conform with the minimum size of the area district in which the parcel is located and this is to replace the present R-2 zone, -13- Co C, 11/12/63 Page Fourteen PROPOSED AMENDMENT NO, 59 - Continued • Councilman Towner: I have some doubt whether this can be used, I think if we enact this the way Mr. Heath proposes it, under the area district, then it can be adapted and used, The only thing I would dislike seeing would be in Area District III where there is an open lot among residential homes that this type of zoning be placed there to a single open lot, Mayor Barnes: It would have to be justified, City Attorney, Mr, Williams: It can't get there unless the Council puts it through, Councilman Towner: This is the most workable tool we have. I will second Councilman Heath's motion on that basis. Action on Councilman Heath's motion: Motion carried, (Councilman Jett voted "No".) Councilman Jett: This is not a workable ordinance, It is an ordinance being created to hamper the development of the area and hamstring and make it tougher for the developer to get anything done, It is not a workable ordinance at all, • Councilman Heath: T think the Planning Staff should take a look at these deep 'lots and come up with some type of recommendation, Planning Director, Mr, Joseph: At your adjourned meeting last Monday you asked that a study session be made with the Planning Department. on deep lots. We discussed this, I think the Planning Commission and the City Council should kick this around before the Department starts this, City Manager, Mr, Aiassa: How about December 2nd? Mayor Barnes: We will set it tentatively for that date, The one on the 19th is cancelled. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Proposed Amendment No, 59 be held over to the meeting of December 23, 1963, 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 per- mitted 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 22 to August 5, to September 23, to October 14, to this date. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that Proposed Amendment No, 61 be held over to the meeting of December 23, 1963, -14- C, Ca 11/12/63 PLANNING COM14ISSION Page Fifteen • METES 6 BOUNDS NO, 135-217 LOCATION. 708 E. Merced between Ralph E. Burns Walnut and Holly Place. APPROVED Area District II, Zone R-A, 0,76 Acres, 4 Lots, Approved by Planning Commission on November 6, 1963, City Clerk, Mr, Flotten: (Read recommended conditions of the Planning Commission.) Councilman Heath° On the lots facing Merced there How many lots alone there have them? have to be driveway turn-arounds, Public Services Director, Mr. Dosh, I suppose all of them do but T'm not sure, Councilman Heath;; There was a fire hydrant put in at Walnut and T.,,7e are requiring; this property to pay .for half a fire hydrant, Why should this piece of proberty be discriminated against? Public Services Director, Mr, Dosh-. Every subdivision we have in the City has to pay for fire hydrants, They have had the benefit of this hydrant for a long time without paying •for it, This man has one lot and is putting _four units on it and he is raising the need for fire protection, Councilman Towner.: This is .the hydrant that serves the property and part of the need for the hydrant is caused by this property, The other people in the area have paid for their hydrants, City Attorney, Mr, Williams.,I think it is reasonable to require to the developer that he pay his proportionate cost of the fire hydrant that serves him, I think maybe the percentage is wrong, Councilman Heath, T am only complaining about percentage, City Manager, Mr., Aiassa; You could have the staff present to us what is a reasonable proportionate share. Motion by Councilman Towner, seconded by Councilman Heath, and carried, that Metes and Bounds Subdivision No, 135-217 be approved subject to the conditions recommended by the Planning Commission with the exception that the fire hydrant charge be on a proportionate basis and that the developer pay a fair share of the hydrant cost to be determined by the staff and presented for subsequent approval by the Council, • METES 6 BOUNDS NO, 135-2.18 ..LOCATION: South of Lark Hill Leonard Brutocao Drive east of Citrus, APPROVED Area District III, Zone R-1, 2,62� Acres, 2 Lots, Approved by Planning Commission on November 6, 1963, -15- C, Co 11/12/63 METES 8 BOUNDS NO, 135-218 - Continued Page Sixteen • Councilman Heathy Other parcels in this area required a bond or street im- provements, Is there a time limit on this? Public Services Director, Mr,, Dosh: We have changed this to a fee so we can use the money,, If we keep it as a deposit we can't touch the money and it might sit idle for ten years,, If' it is called a fee you can maintain those streets with that fee,, It is a fee for surfacing that half street in front of that property,, Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that Metes and Bounds Subdivision No,, 135-218 be approved subject to the conditions of the Planning Commission,, METES & BOUNDS N0,, 135-216 LOCATION: 2311 Willow Lane Ernesto Olmos between Willow Avenue APPR IVE:D and 680 feet westerly,, Area District I, Zone R-1, 0,,356 Acres, 2 Lots,, Approved by Planning Commission on November 6, 1963. City Clerk, Mr,, Flotten, (Read recommended conditions,,) • Motion by Cowncil.man Towner, seconded by Councilman Snyder, and carried, that Metes and Bounds Subdivision No. 135-216 be approved subject to the conditions of the Planning Commission. PLANNING COMMISSION Councilman Heath; I think when there are some compliments due they should be given. In your mail tonight you have a letter from Mobil Oil compli- menting the City Planning ':director and the Commission and their staff for the help they gave and_.I would like to read into the Minutes the P.S. of this letter - "Commissioner (leckman°s comment during the November 6 hearing pertaining to our competitors feelings about this project were interesting. They substantiated the time, expense, and effort devoted to the prototype of this repair center in Cherry Hill, New Jersey,, Is it possible for me to get a copy of the Minutes of that meeting so that we can review his comments in other areas where similar zoning requests might be made?" RECREATION 9 PARKS None -16- L� C. C. 11/12/63 GENERAL MATTERS ORAL COMMUNICATIONS HIGH HEDGE (California & Crumbly) Page Seventeen Mrs,, Moseler° I have had a problem and I want a hedge cut down, This lady has planted a hedge around her property and has failed to keen within the City ordinance of keeping it trimmed dorm. She has trimmed the hedge on -the other side of her and on the back of her but she won7t trim the hedge on my side, I have invested $400 in a brick wall and I have to come down the other side and I can`'t do it with the hedge hanging over, Councilman Snyder - Councilman Jett, I think Vr. Stan.f. ord's reply should be read, Ts this an enforceable ordinance? City manager, r1r. Aiassa: I would say not. Any time you get a problem between two neighbors, I don't care what it is, you have a problem. City Attorney, 'Mr. 1111illiams- I think it could be partly civil and partl%17 City, The ordinance relating to hedges and plants is extremely difficult to enforce. As a practical matter the City doesn't really enforce this. The civil side of it occurs when any part: of the growth protrudes across the boundary line and onto the other lady''s property, Motion by Councilman Heath., seconded b-,r Councilman Towner, and carried, that 'this matter be referred to the City Manager for attention. PICKERING FIRE STATION Mr, Names Page I am here as a private citizen 1462 Pioneer Drive representing only myself.. West Covina According to the press reports, the City Council has accepted the deed to a new fire station from developer t%!illiam Pickering. Chief Wetherbee says the station should be in operation by January 1. While the generosity is admired, the immediate activation of this facility can only mean.,a waste of tens of thousands of dollars. The Pickering development is, at present, only partially completed. If this development were completed and if all. homes were occupied, the total tax revenue from this area would be approximately $50,000 annually. Unfortunately, ideal situations such as these cannot be anticipated in the near future, According to the Chief, the station will be manned by two men per shift. It would require six men, In the October, 1963 issue of Fire Engineering, Chief Wetherbee indicated the salary cost per man in West Covina is $8,000 yearly. The $48,000 salary cost alone will nearly meet the maximum estimated taxation revenue due the City under ideal situations. Under actual conditions, the station would be operating at a definite deficit of several thousand dollars. In view of these facts, the Council is urged to direct the City Manager to postpone the activation of the newly acquired fire station until it becomes feasible to do so without penalizing the taxpayers in the -17- C, C. 11/12/63 PICKERIT%TG FIRE STATIOrT W Continued Page Eighteen remaining areas of the City, I work for the County Fire Department, I am not here in behalf of them nor do they condone nor sponsor my being here. This is a rare opportunity for me. i met with this group on August 28 as a potential Planning Commission member., Mayor Barnes, Lde don't want the people in that area to be isolated from us but be a part of the City of [,,lest Covina. This is City identity, Councilman. Snyder- I fully agree with the whole concept of your letter and I would like a copy of it. This Wass quite a point of dissension in the Council, Mr. James Page,, The Citygs cost to the County under this agreement for fire protection are based on t1,e assessed evaluation of -the area and the district's flax rate, Nlaturally -this; cost to the City k,7ill increase according to the-r.owt.h, This is when we should activate the fire station when we come closer to co�Jering the cost, Service to the people and City identity are fine, but in a City of 55,000 people and 21,000 registered voters we are onl-,r 8,000 voters in the Counc%lrna.nic election, and a thing suc1-1 as this, _1 don't think it: means that much to the people for a period of �-L year, T can see the City received this .gratefully and T thirj.1; �qc- should be grateful for the 7i_ft and i under- stand it wou.l.d be. embarrassim-T -to the C:%t % Councl_.i to accept a gift and not use i t , As a resident Of' the north end of town, it is net worth $.5200 to me to :save -the City Council a little embarrassment, Councilman Jett, .i am still T:.7illing to spend the mon.e;r whatever is necessary -- to Obtain a f1Z"'ee st-'ation, f(:)r the people in this area. `n!hat you are proposing, "s that ;Cre r;o,,.a turn ourselves over to the County and have County cor.tro ., Those hoTr�tes are entitled -to the full protection of our Fire Department, our Police Department:, True we could h Lre the County to do t'-his and then we. are saying , why don `'t we put the County in the e.n.t_i.re City, Councilman S-ny;:ier, This man, and certainly myself, the minority on the Council, did not at any time advocate the-s as a. permanent solution, only temporary. I want that repe'cated over and over again, Tt is only a temporary solution b:zt _.._t: seems to m.e that $100,000 or, $50y000 is a. heck of a :Lot to pair T:o :: os t somle ,ody ` s ego, Mr. James Pane s �> A,, a resident of the City of. ;Test Covina and as a Professional fire fighter I do not think that the City of, 1^7est Covina would be better off with County fire protection and T will 7o on record in front •of anybody in saying this. t'Z i nk the C%.ty o.f Blest Covina should operate its o�,n fire department and I think i_t should keep up to the P,Iational standards within reason, T would li]<e you to contact your City T1Ianager and he will tell you under a general service agreement the County isnpt running any portion of G1est Covina. The City administers the contract and secures it from the County and you have the power to cut: this contract at any time, Councilman. Toy;7ner i would like to compliment Mr, Page for appearing tonight and stating what I believe are interesting and helpful facts, I think this kind of City interest is needed. Secondly, the question is not giving _18-, C, Co 11/12/63 Page Nineteen PICKERING FIRE STATION-- Continued . West Covina°s prerogative to govern its own affairs, There are already County services in this area, What we prefer is to continue those County services at a very materially less cost to West Covina taxpayers during the interim where we are determing where the permanent fire facilities in that area are going to go, I think these comments of Mr. Page should be considered seriously by the Council before they go ahead and spend all these thousands of dollars, WRITTEN COMMUNICATIONS LETTER s ETTER FROM ASSEMBLY JUDICIARY CONMTTTEE REGARDING COURT CONSOLIDATION HEARING ON DECEMBER 3, 1963, City Clerk, Mr, .Flotten, You have copies of the letter, The meeting will be in Monterey Park at 10,00 A ^ Councilman Towner, I already presented the City's position at the Beverly Hills meeting of this committee, They are going to get further information from me in writing and this will be made a part of their minutes and • we will get transcripts of this proceeding, LETTER FROM WAYNE SCHMIDT REGARDING FALLOUT SHELTERS City Clerk, Mr, Flotten° You have copies of this, Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that this letter be referred to the City Manager, LETTER FROM CAMP FIRE GIRLS REGARDING WELCOME FOR PARS, ELLSON SMITH OF POMONA, NATIONAL PRESIDENT, ON NOVEMBER 16, 1963, City Clerk, I.7r. , Flotten , DEL NORTE .PARK ACQUISITION You have copies of this letter, They would like somebody from the City to go, • City Clerk, Mr, Flotten° This letter is with respect to a directive you made to the City Manager to call in Harrison Baker and is with respect to the cost and time element to appraise the property covering proposed additions to Del Norte Park, 'I) City Manager, Mr, Aiassao Seven to ten days; $100 a day, I think we can do it for $900, -19- C0 C0 11112/63 DEL NORTE PART: ACQUISITION - Continued Page Twenty • Motion by Councilman Heathy seconded by Councilman Snyder, and carried, that the. City Mariager be instructed to employ Harrison Baker for the appraisal of the Gonn and Hendrick property not to exceed $900000,, CITY ATTORNEY ORDINANCE The City Attorney presented - HELD OVER "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING SECTION 920202ggg OF THE CODE AND ADDING A NEW SECTION IN PLACE THEREOF91 Motion by Councilman Heath, seconded by Councilman Towner, and carried, that this ordinance.be held over ORDINANCE NO, 8233 The City Attorney presented- ADOPTED "AN ORDINANCE OF THE CTTY COUNCIL Of THE CITY OF W-T ST COVINA AMEND- . TT.dr, TIIE ,77ST COVT_TTA VUNTCTTIAL CODE SO AS TO RTZONE CraTA.TT,j PREMISES" (ZC T.TO, 270 (-'Iray) Motion by Councilman Beath, seconded by Councilman Snyder, and carried, to waive fu-ther reading of the body of the ordinance- I -lotion by Councilman Heath,.seconded by Councilman Snyder, that said ordinance be adopted :lotion passed on roll call as follows - Ayes, Councilmen Towner, Jett, Heath, Snydert Mayor Barnes Noes- None Absent; None Said ordinance was given No 823.0, ORDINANCE NO, 824. The City Attorney presented - ADOPTED "4AT,)' OR.P,TTTANCF OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND; INC THE WEST COVINA MUNICIPAL CODE SO AS TO REZOT-,TE CERTAIN PREMISE'S" (ZC"T,To. 272 - Lane) Motion by Councilman Heath, seconded by Councilman Towner, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Snyder, that said ordinance be adopted. Motion passed on roll call as follows: Ayes- Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes- None Absent None Said ordinance was given No, 884, 20 C, C, 11,'12i 53 CITY ATTORNEY - Continued • ORDINANCE NO, 82.50 ADOPTED Page Twenty -One The City Attorney presented: "APT 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 Noo 275 y Collins) Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to waive further reading of the body of the ordinance. Mot:l.on by Cou:(;cil.rnan Heath, seconded by Councilman Snyder, that said ordi.na.nce be adopted, Motion passed on -roll call as follows - Ay e s Councilmen Jett, Heath, Snyder, Mayor Barnes Noes: None Abstained: Counc__'J.lrnan Towner Said ord_`Lnance was given P:o, 825. ORDINANCE NO,, 826. The City Attorney presented: ADOPTED "A,1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- • IN^ THE WT-_',ST COVINA MU.'rTTCIPAL CODE SO AS TO REZONE CERTAIN PREMISES"' (ZC No, 274 ® City Initiated) Motion by Councilman. Heath, seconded bar Councilman Towner, and carried, 7o waive further reading of the body of tine ordinance, Mot -ion by Councilman Heath, seconded by Councilman Towner, that said ordinance be adopted, Nio!:ion passed on roll call as follows: Ayes: Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes° None Absent: None Said ordinance was given No, 8260 ORDIPTAi\ICE NO, 827. The City Attorney presented, ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEI\ID- ING SECTION 9224.5 OF THE WEST COVINA MUNTCIPAL CODE RELATING TO THE (CTVTITG OF NOTICE OT HEARING IN ZONING 14ATTER.S" • Motion by Councilman Heath, seconded by Councilman Towner, and carried, to waive further reading of the body of the ordinance, -21- C, C, 1.1/12; 63 ORDINANCE NO, 827 - Continued Page Twenty -Two • Motion by Councilman Towner, seconded by Councilman Heath, that said ordinance be adopted, Motion passed on roll call as follows: Ayes, Councilmen Towner, Jett, Heathy Snydere Mayor Barnes Noes; None Absent° None Said ordinance was given No, 827. ORDINANCE NO, 828, The City Attorney presented: ADOPTED "APT ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE REGULATION OF TRAFFIC" Motion by Counc-ilman Heath, seconded by Councilman Towner, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Towner-, seconded by Councilman Heath, that said ord:inancti be a.j.optec4 Motio�i passed on rol..l call as follows • Ayes, Councilmen Towner , Jet:t-., Heath, Snyder, Mayor Barnes Floes, None Absent, ?done Said ordinance was given No, 828, ORDINANCE TJ\TTROI)UC'TION The City Attorney presented "AN O:RrTTJAPICE OF THE CITY COUNCIL OF THE CITY 07' WEST COVT_NA AMEND - IN G' THE L,47ST COVINA MUNICIPAL COPE SO AS TCi RF"ZOPTF CERTAIN PREMTS 7S" (GC No, 266 - James) Councilman Snyder: I have had second thoughts regarding this because of new factors that have entered, I have had occasion to talk at some length with the pruchasers of the Covina Ranch and get ideas of their development and I am concerned that this high a density there would have some affect on what might: happen to the Covina Ranch in relation to the City of West Covina, I mush admit: this has been going through my mind for a few weeks and reason fails me on both sides of the question. I can't: gn ahead and vote for this ordinance on R-4 without further study but I wall. agree ghat: it needs to be multiple but whether it should be R-3 or Rv2 I'm not preparedto sad yet:, 7 think; the Council should re- consider this. The ind.cati.7ns are that if the Covina Ranch is developed there is some possibility that still it could come into the City of West Covina and I think we all agree this would be desirable, But also indications are there won"t be any development of this density close to this property, They haven't made a decision as to the density, yet but they did say their high density along the freeTjay would be condominium type units, I think as far as its effects on the highlands we. can discount that because I am not so sure they will be in the City and II don't know as we owe them too much, I am not saying I won't 20 for R-4 right now but I would like to reconsider., I can't go for R-•4 tonight, BFRMl Co Co 11/12/63 ORDINANCE PC 266 - James) - Continued . Councilman Heath; Page Twenty -Three I received just the reverse story someone told you in that this has to go to Walnut, If you read a part of this option that is the only way it is permitted to go, Councilman Snyder- There is another factor which was presented and the question of Parks and Recreation are not too important, One of the objections brought up in this area was the City did not have proper parks and recreation in this area. In re -reviewing this, I think the access is very poor for development of this high density. There is only the one road and it is only 32 feet for,a. density of 45 units times 15, That will be a lot of cars over a 32-foot :road, Mr, Francis J. Garvey.- I would like to present a formal objection. I am making a formal objection to the consideration of matter which is new evidence on a strictly "if" basis to be presented as part of the consideration as to the determination of this ordinance, I agree this might be matter which is of vital interest to the Council but I think once you have closed a hearing neither a Councilman nor anyone else has a right to present new evidence without entirely reopening the thing for this consideration, It is on this basis that I make the objection, • City Attorney, Mr, Williams; I think insofar as Mr, Garveyrs point, he simply wanted it in the record, This ordinance is for introduction at the present time, Any member of. the City Council can introduce this ordinance, The ordinance then comes up for passage at: whatever future date you want to bring it up for passage, If you decided on some zone other than R-4 there are questions I ca i t answer, .otion. by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance, Councilman. Heath; Councilman Towner; I will :introduce this ordinance, The ordinance has been introduced at the request of Mr, Heath, When this comes up again and there is a majority opinion of the Council who want to change this, and it is in a material respect which would be from R-4 to some other zone, the procedure then would be to reintroduce it with that; amendment; is that the procedure? City Attorney, Mr, Williams Actually, it .would be a different ordinance, We would simply amend it in ink and reintroduce it, 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 AND THE ZONING MAP TO REPEAL ALI, POTENTIAL ZONE CLASSIFICATIONS" Notion by Councilman Towner, seconded by Councilman Snyder, and carried, to waive further reading of the body of the ordinance, -23- 12 "6 z3 Page Twenty -Tour. O' DINANtCE IrTTRO:uL`r"T'I OTd Continued . Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that said ordinance be introduced., (Councilmen Jett and Heath voted "No", % • R.1 � S O 1_, l_tr7 1: O N 1, i 1 2,778 ADOPTED Mayor Barnes The City Attorney presented - "A RESOLU'TToTT OF 'THE CTTY COUTdCIL OT" THE CTTY OF 1,1EST COVINA DFHYTNf" A REQUEST FOR A CHANCE OF ZONE" (ZC No, 253 - Vaadt f, Brooks) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman 'T'owner, seconded by Councilman Heath, that said resolution be adopted, Mo ion passed on. roll. call as follows; Ayes; Coll' Ci.i.;nen Towner,, Jett, Heath, Sny"Jer, Mayor Barnes Noes; None Absen - ^done Said r"�:=solz.:r:i.on was t -I' en No, r, RESOLUTION TdU, 27,, ADOPTED May c`r- Barnes, The City Attorney presented "A RESOLUTTON OF THE CITY COUNCIL OF -'-'HE CTTY OF WEST COVINA G'RATT'T'I�TG A STGTT 'JAP.IAt�ICF;" (V No, 459 Martin Oil Co,) Hearing no objections, we will waive further reading of the body of the resolution. T;otion by Councilman :(ieath, seconded b'v Councilman Snyder, that said resolu-c.ion be. adopted, Motion passed on roll. call as follows: Ayes, Ccunc.ilmen Towner, Jett,,Heath, Snyder, Mayor Barnes 1,1'oes - 11o.Ie Absent. ; None Said resoluCioil was given r•ro, 2/77 RESOLUTION 1vO, 2776 AD0P'1 ED • Mayor Barnes - The City Attorney presented- "A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING RESOLUTION N0, 2650 AND RESCINDING THE APPROVAL OF PRECISE PLAN OF DESIGN NO, 346" Hearing no objections, we will waive further reading of the body of 'the resolution, -24- Page Twenty -Five RESOLU`JJ-ION NO, 2`!"78 - Continued • Motion by' Councilman Hea-11-h, seconded by Councilman Jett, that said resolution be adcq_)ted,, Motion passed on roll call as follows,., 0 0 Ayes! Councilmen Towner, uett, Heath, Snyder, MaVor Barnes Noes � 1, 1 o *.ri e Absent.: TJ (.-,, n e Said reso-11-'t-tion was given TTo CITY "LERK"S REl!"GrTS PRO T1- UL"CT S�P61415 APPROVE PLAN'S, S ],'17T IMPR(WEMENTS -1— i-C I L LOCATION,° West side of Glendora south of T,.Ialnut Creek Parkway, Review Engineer''s rcpn ra pr'.o v plars and specifications Authorize cr, !Dids Cit-.�,,, E�ngi.neer tca, o ',,'i-. L '4 1. , in:forma' bid, basis, if possible. S-11-.aff approval and au-th-orizat.ion to call _for bids, Motic"_rl b-v Hleath, �-3ecorlcied b�)- Co, nciIman To�,,rie-r ' and carried U -o appnove plla-ns and in Tromseot '641,11 and author.i.ze the City E'ng1-neer -to ca"Ll for lb -ids usin? Lnfor'.mal bid bas-I.S., J_r possibl(-7--, RESO'Li'TION NT), 2, 7 '7 9 ADOPTED I'layor Barnes,, The City Clerk presented.: "A RE."SOLUTION OF THE CITY 1, COLJNCTT J_ OF THE CITY OF W"..,ST COVINA APPROVING BOND TO CUARANTEE THE COST OF CER17AIN 1MIDRO'VErIEWTS AND ' -JE - IT 111 ' E TIMF 0, C'01- PLETIOU IIT PRECISE TDL"t_�N NO� 202 11^4 SAID CITY11 2. Hearing no object ions, we will Wc_i.ive further reading of the body of the resolution. lotion by ,.L _n Towner, seconder"I b,v Councilmar , Heath that said resc.lutioi-). be adopted, Motion, passed on roll call as foiioWst Ayes Councilmen Towner, i; et:",:, Hea-th, Snyder, Mayor Barnes 1,10 e s o None Absent Nc n _n, Said resolution was giv r. No, C., Co 2.l. 1.2163 CITY CLERK'S REPORTS - Continued RESOLUTION NO., 2 7 8 n ADOPTED Mayor Barnes Page Twenty -Six The City Clerk presented - "A RESOLCJTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMEN`.I'S AND THE TIME OF COMPLETION IN PRECI.SE PLAN NO, 326 AND ZONE CHANGE NO, 2158" hearing no objections, we will waive further reading of the bode or the resolution, Motion by Councilman TM,7ner, seconded by Councilman Snyder, that said resolution be adopted, Motion passed on roll ca.11 as follows Ayes: Councilmen Towner, Jett:, Heath, Snyder., r°tayor Barnes Noes, None Absent: None Said resolution was giv., r;. ?:Io, • RESOLUT 1Oi:; NO, 2781. ADOPTED Mayc:r Baeries 'The City Clerk presented "A RESOLUTION OF, ']THE CITY COUNC''Ii., O'fF THE. CITY OF 'JES-T' COVINA A, CEPT'IIdG A CER.T'ATH ?IRTTTEN TNSTR.I.JPiF'1IT AND DIRECTING THE RECORDATION THEREOF" Hearing no ob ections , we will c,.iaive i urt:her• reading of the body of the resolution, Motion by Councilman Towner;, seconded by Councilman Heath, that said ordinance be adopted, Motion passed on roll call as follo�-rs Ayes; Councilmen Towner, O'ett, Health, Snyder, Mayor Barnes Hoes- None Absent-. Pone Said resolution ;was given No, 2781, CITY ATTORNEY 0 RESOLUTION NO, 2762 ADOPTED Mayor Barnes: The City ,!Attorney presented "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF [.BEST COVINA AMEND-, ING CERTAIN PROVISIONS OF RESOLUTION NO, 1277 RELATING TO SALARIES" Hearing no objections, we will waive further reading of the body of the resolution, -2 6- • J Co Co 11/12/63 RESOLUTION NO. 2782 - Continued Page Twenty -Seven Motion by Councilman Snyder, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No. 2782. CLAIM Mr. Williams: This is a claim filed by John Arthur Trujillo, I.D. 3480. It purports to be a claim but the law states if we don't point out the deficiencies in the form we waive the deficiencies. I would suggest this matter be referred to the insurance company without re- jecting the claim at this time and that we ask the insurance company whether they want us to point out the deficiencies in the claim and if so what deficiencies or do they want us to reject it in its present form. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that this claim filed by John Arthur Trujillo be referred to the in- surance company without rejecting the claim at this time, that the Council ask the insurance company whether they want us to point out the deficiencies in the claim and if so what deficiencies, or do they want us to reject the claim in its present form. DE PIETRO°S BUILDING Mr. Williams: I think that in order to solve this in a fashion agreeable to all mem- bers of the City Council, it should be moved somewhat as follows: That whereas Precise Plan Noo 93 of Frank DePietro is vague and uncertain and it cannot be ascertained therefrom the exact distance that the building is to be set back from the front property line because the building is on an angle to the street,that the Precise Plan be marked and made definite in this re- spect, that the easterly edge of the front of the building shall be 15 feet from the face of the curb, and that the building shall be per- pendicular to the property line of the lot line on which it is located so that it will cause it to fall away and from the property line as it progresses westerly. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that action on Mr. De Pietro's building be taken as recommended by the City Attorney. CENTER STREET Councilman Snyder: At what point is the condemnation of Center Street? Mr. Ai.assa: Mr. William Schaefer of the Division of Highways will call me as soon as he gets the findings from their ap- praisal group. -27- C o C e 11/.12/63 CENTER STREET - Continued Page Twenty -Eight Councilman Snyder: I would like to suggest to the Council that we proceed on -Center Street as if nothing was coming up and proceed as hastily as gossiblea • I think if we get past the point of no return that entire street is not going to hurt the "B" plan but if we get the "B" plan first it could hurt Center Street. • • Councilman Jett: I want this record clear that I have, always said I was for Center Street, fought for Center Street, and at the last discussion on this I said we have Center Street and we don't want to bring it up before the. State because if we do they will think the two go together and we will lose Center Street. CITY MANAGER'S ORDINANCE Councilman Snyder: Can one man introduce an ordinance, can I introduce the City Manager Ordinance? Mr. Williams: Just one man. Councilman Heath: This isn't what you told us, Mr. Williams. You told us when it came on an initiative it had to be introduced by a majority of the Council. Mr. Williams: Oh, that's right. To comply with the initiative law so that there would not be an election, the ordinance.must be introduced and passed by the Council itself. The Council shall introduce in the initiative act. Now, this is different from.the ordinary introduction of the usual ordinance. Councilman Snyder: was discussed situation but ballot when it of the people. Mr. Williams: previously with it seems to me could be very I do think this should be discussed with the full Council present. It only three of us here. This is a political a big ado about nothing to put this on the easily introduced and give in to the will You could introduce the same ordinance that is in that initiative. The intro- duction doesn't mean a great deal. If the Council passed the ordinance at any time before you actually reach the election stage, you would not have to put it on an election. If it is passed by the Council, it has the same effect as if it were passed by the people, namely that it cannot be amended or appealed'except by vote of the people Councilman Snyder: What I am saying is why make a big ado about something? When 2500 or 3500 have spoken, why not succumb to their will and introduce the ordinance? Why fight a battle and tear the City apart over it? Councilman Beath: To my way of looking at it, they have not spoken because I know that there has been some gross exaggeration given to get signatures on this, and I can actually get proof of this facto From my way of looking at it, I think that it should be publicized, and I think the arguments for and against should be made agreeable to the people and pledge my support. I will do everything in my power and do everything I can to,publicize this City Mana- ger's Ordinance so that the people will vote on it and will be educated when they do vote on it. I think the people have asked to put it on a bal- lot and I think we should do what they want. -28- Co Co 11/12/63 CITY MANAGER'S ORDINANCE - Continued 0 Councilman Snyder: • initiative asked us to adopt it, Page Twenty -Eight -A Well, they didn't especially want to put it on the ballot. The Councilman Heath: I would like to say further to Mr� Mayor that I would like to present before this Council in a study session some other things that I would like to propose to put on the ballot along with this. Mayor Barnes: I think we need a study session this time. Councilman Jett: I think this City Manager's Or- dinance should have been sub- mitted to the people a long time ago. I have every confidence in the American people that once they are given all the facts they will make the right decision, and whatever the decision is I will be happy to abide by it, but I think this is as controversial as it can become, The people, 3500 of them, have requested that it be put on the bal- lot and I am absolutely for putting it on the ballot and let the people make the decision. Councilman Snyder: The point is we are not voting on the philosophy of the City Manager. We are voting on merely two details within the ordinance. Mayor Barnes: We are not voting on the man, we are voting on the particular ordinance. Councilman Snyder: No, we are not voting on whether we will have a City Manager Or- dinance. We have a City Manager Ordinance now. We are merely voting on two details in the ordinance, two little sections in the ordinance. When you say the City Manager ordinance should have been voted on originally by the people, that is probably true, but that is not what you are doing in this election, you are voting on two little items. Councilman Heath: Councilman Snyder: PLANNING COMMISSION ACTION OF NOVEMBER 6, 1963 There is a program outlined al- ready to fill the education too, and money pledged. There is a program on the other side, too. So indicated by Mr. Flo tteno 28-A - Co Co 11/12/63 Page Twenty -Nine CITY CLERK RESOLUTION NO, 2783 The City Clerk presented - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA HONORING JUDGE ALBERT H. MILLER FOR THE SERVICES HE HAS RENDERED TO THE CITIZEN'S OF WEST COVINA" Mayor Barnes- Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows- Ayes, Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes- None Absent: None Said resolution was given No. 2783. REQUEST OF ALSAC (AIDING LEUKEMIA STRICKEN AMERICAN CHILDREN) Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that the request from ALSAC to conduct door-to-door solicitation to raise funds to maintain St. Jude Research Hospital., on December 8, 1963 be approved. FOR ON -SALE BEER Carmine Luigi Rescigno, DBA "CHEF •APPLICATION AND WINE LICENSE LUIGI" 277 South Glendora, West Covina, Mr, Flotten. You have the report from Chief Sill. He recommends opposition. Councilman Towner-, There is a possibility that the man has rehabilitated himself but I don't think we should make that determination, We should ask the ABC to make it. They probably will anyway. Councilman Snyder. His last arrest was in 1947. How long does a man have to pay for his crimes? He paid for it by going*to prison. You don't do it by withdrawing all his privileges for the rest of his life. It is not the American way. Coun.cilman Towner- He has had numerous arrests for moving traffic violations which indicate a disregard for the law and I think they ought to consider thato Councilman Snyder- I think it can be proven psychological- ly that many people who have moving vi- olations do so not because of disregard for the law but because of some emotional problems, et cetera. Councilman Jett- I think in this case I would have to go along with the Chiefs recommendation. Mayor Barnes.- I will go along with the Chief's recommendation, Councilman Towner. I wouldn't say on this record he ought to be denied but I think that he should, have to prove himself that he has re- habilitated. Councilman Snyder: I feel very strongly about the police continually holding something over a manes head the rest of his life, They never give a man a chance, Councilman Jett.- He has had many many chances. Councilman Snyder: He has been straight for 13 years. -29- Co C. 11/12/63 ON -SALE BEER LICENSE - Continued Page Thirty Motion by Councilman Jett, seconded by Councilman Towner, that the • Chief of Police recommendationinthe case of the application for on -sale beer and wine license of Carmine Luigi Rescigno, dba Chef Luigi, be forwarded to the ABC for ' them to consider but that the Council not file a formal complaint. Motion passed on roll call as follows° I 0 0 Ayes. Councilmen Towner, Jett, Mayor Barnes Noes. Councilmen Heath, Snyder Absent: None PETITION FOR CONDITIONAL LICENSE - ON -SALE BEER OF DEL-ARWIN, INC., DBA "The Rook" Mr. Flotten. Mayor Barnes. INDEPENDENT CITIES MEETING Mr. Flotten. LEAGUE OF CALIFORNIA CITIES MEETING Mr. Flotten-, Councilman Jett. MUTUAL AID LOCATION-. 604 South Sunset Avenue You have copies of this, The Council has no protest, This will be at the Roger Young Auditorium at 6:30, November 20. This is Thursday, November 21, 6.30 at Montebello Golf Club That is my meeting. Mayor Barnes,, it was agreed at the meeting that we would refer this to the League cal. California Cities for their consideration and the motion was that the committee was to begin this program on the mutual aid alone with one representative from the County, one representative from the City of Los Angeles, and that three representatives sit on this committee from the League of California Cities. MAY COMPANY CHRISTMAS REQUEST Motion by Councilman Heath, seconded by Councilman Towner, and carried, to grant the application for a temporary use permit by the May Company to set up their usual Santa Claus Show in the arcade at the May Company subject to review by the staff, -30- 0 is . 0 Co C, 11/22/63 MAYOR'S REPORTS LETTER FROM MR. CY LICHT-MAN REGARDING SPONSORSHIP OF EXPLORER GROUP Councilman Towner - PAGE Thirty -One This might be more appropriate for the City Employees Association. Motion by Councilman Towner, seconded by Councilman Heath, and carried, that this letter from Mr. Cy Lichtman regarding sponsorship of Explorer Group be referred to the West Covina Employees Association for their consideration and that the Mayor answer this letter to this effect. HEADQUARTERS CITE SEAL Mayor Barnes,*, LOS ANGELES COUNTY MAYORS' COMMITTEE Mayor Barnes - Councilman Heath- Council).iian Towner-, Councilman Snyder'. SISTER CITY DINNER Mayor Barnesz Councilman Heath, Councilman Snyder° Councilman Towner. CIVIL DEFENSE I think Mr. Aiassa has submitted some ideas. We will. take care of this at a later date. It might be wise to get into this committee, I don't see what we would gain by it. I don °t think so. It's a general law city. I think you can only do so much, This is tomorrow night at the Dinnerhorn, Who is going? I am going. I may be able to make it, I can't make it. Mayor Barnes. There is to be a Civil. Defense meeting at Orlando's in Pomona between 5030 and 8-.00 PaM. on November 13, 1.963 and there will be a tour showing the Civil Defense facilities and Police Department. Mr. Aiassa: Perhaps Cleo can represent the City. -31- Co Co 11/12/63 COUNCIL COMMITTEE REPORTS CITY CARS • Councilman Heath,, Page Thirty -Two Two weeks ago, Mr. Jett and I borrowed a City car, I never saw such a dirty car in my life, It was in terrible condition. Mr. Aiassa� All department heads using vehicles have received memos from the Finance Department outlining the fact thay they be responsible for proper care of these cars when they borrow them; if they are dirty, or not functioning properly, to notify the Finance Office. Councilman Snyder-., I am wondering if you have any staff to check the car each time it comes in. Mr. Aiassaz This is the thing that'we now have and we are going to enforce it more strictly, DEMANDS Motion by Councilman Towner, seconded by Councilman Snyder, to approve demands totaling $188,161077 as listed on demand sheets Nos. B-140 and C-346 throught C-348. This total includes fund transfers of $IL,915.41 and bank transfers of $11.0,000,00. Motion passed on roll call as follows: Ayes, Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes,- None Absent: None There being no further business, motion by Councilman Towner, seconded by Councilman Snyder, and carried, that this meeting be adjourned to November 18, 1963 at 8.00 o'clock. The meeting adjourned at 2000 AoM. 0 ATTEST. City Clerk APPROVED,:�� -1 3 1%63 MAYOR -32-