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01-27-1964 - Regular Meeting - MinutesI I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA January 27, 1964 The regular meeting of the City Council was called to order by Mayor Barnes at 7:45 P.M. in the West Covina City Hallo Councilmah'Jett led the Pledge of Allegiance. The invocation was given by the Rev. Fay Miller, St. Timothy's Lutheran Church. ROLL CALL Present: Mayor Barnes, Councilmen Towner, Jett, Heath, Snyder Others Present: Mr. Robert Flotten, City Clerk & Administrative Assistant Mr. Thomas Jo Dos, Public Services Director Mr, Harry Co Williams, City Attorney (from 7:55 P.M.) Mr. Harold Joseph, Planning Director (from 7:50 P.M.) Mr. Gerald Weeks, Assistant Personnel Manager & Administrative Analyst Absent: Mr. George Aiassa, City Manager Mayor Barnes: I feel the City has suffered a great loss in our City Treasurer, Mrs. Merry, who was a very gracious lady and a wonderful friend to all of use We will miss her a great deal. (Mr. Joseph entered the chambers at 7:50 PoMo) APPROVAL OF MINUTES December 16, 1963 - Approved as presented as follows: Motion by Councilman Heath, seconded by Councilman Towner, and carried, that the Minutes of December 16, 1963 be approved as presented. December 23, 1963 - Approved as presented as follows: Councilman Snyder: In last week's paper there was an article to the effect that the implication was that it had been taken from the Minutes to the effect that the Council had unanimously voted not to raise the City Manager's salary. To my knowledge this is not anywhere in the Minutes and is not a matter of public record. Therefore, I think the article was in error. I would like to point out this was not in the Minutes and not taken up in a public meeting. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Minutes of December 23, 1963, be approved as presented. VISITING STUDENT Councilman Heath: We have a student with us tonight studying government, Miss Johnson. C, C, 1/27/64 VISITING STUDENT m Continued Page Two is Miss Johnson- I go to Cal Poly, I am a sophomore and it is for American Civilization class, Everybody in the class is supposed to go to different city council meetings and observe what is going on.and we have a list of things to report on, Mayor Barnes - PROCEDURE Thank you very much for coming Councilman Heath- In the past meetings we have been trying to speed the meetings along and I may have stepped out of line too far in moving on these items before they are read, (Mr, Williams entered the chambers at 7-55 P,M,) Councilman Towner- I have no objections to moving them along rapidly except where any Councilman has a particular question, Mayor Barnes- I have asked that the City Clerk only read the number of the precise plan and the staff°s recommendation because we have already gone over these before, City Attorney, Mr. Williams- I think reading the heading is sufficient unless some member of the Council wishes to discuss the matter, There is no legal requirement that the City Clerk read anything as long as the motion is identifiable as a certain item, CITY CLERK'S REPORTS PRECISE PLAN OF DESIGN NO, 350 ACCEPT STREET IMPROVEMENTS Ray Kilz APPROVED LOCATION- 205-217 South Vincent between Walnut Creek Parkway and Center, Accept street improvements and authorize release of Pacific Employers Insurance Co, bond No. O1-B-90294 in the amount of $39000,00, Inspector°s final report filed, Staff recommends approval and release of bond, Motion by Councilman Towner, seconded by Councilman Heath, and chrried, to accept the street improvements in Precise Plan of Design No, 350 and authorize the release of Pacific Employers Insurance Company Bond No, 01®B®90294 in the amount of $3,0001,00, -2- I C, Cc 1/27/64 'CITY CLERK'S REPORTS ® Continued PRECISE PLAN NO, 3029 REV, 1 ACCEPT STREET IMPROVEMENTS Richard F, Mogan APPROVED Page Three LOCATION-. North side of East Ramona Boulevard, west side of the Big Dalton Wash, Accept street improvements and authorize the release of Security Insurance Co, bond No, 0621-63 in the amount of $2,275,00, Inspector°s final report filed, Staff recommends approval and release of bond, Motion by Councilman Towner, seconded by Councilman Snyder, and carried, to accept the street improvements in Precise Plan of Design No, 302, Revision 1, and authorize the release of Security Insurance Company Bond No, 0621-63 in the amount of $2,275,00, PRECISE PLAN C®1 AREA ACCEPT SIDEWALK IMPROVEMENTS E, Lewis Johnson APPROVED LOCATION-. East side of Glendora Between Walnut Creek Parkway and Dalewood at No, 240-244 Glendora Avenue, Accept sidewalk improvements and authorize release of $250,00 cash deposit, Inspector°s final report filed, Staff recommends approval and release of cash deposit, Motion by Councilman Towner, seconded by Councilman Snyder, and carried, to accept the sidewalk improvements in Precise Plan CG1 Area, and authorize release of the cash deposit in the amount of $250,00, RESOLUTION N0, 2841 ADOPTED Mayor Barnes: 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 TRACT N0, 27665 IN SAID CITY" (Pickering Ent.) 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 Towner, Jett, Heath, Snyder, Mayor Barnes Noes-, None Absent-. None Said resolution was given No, 2841, -3- I t i C, Co 1/27/64 CITY CLERK'S REPORTS ® Continued RESOLUTION NO,, 2842 ADOPTED Mayor Barnes: Page Four 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"(Lot 29,Tr27666 Fire Sta. ##5) 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 Towner, Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No,, 2842,, RESOLUTION NO,, 2843 ADOPTED Mayor Barnes: 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°`(Yaleton Ave) 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 Towner, Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No,, 2843,, RESOLUTION NO,, 2844 ADOPTED Mayor Barnes: The City Clerk presented: "oA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DEDICATING CERTAIN CITY OWNED PROPERTY TO PUBLIC STREET PURPOSES AND ACCEPTING SAME AS A PUBLIC STREET" (Lot 73, Tr 214.77 Yaleton Avenue) Hearing no objections, we will waive further reading of the body of the resolution,, -4- I f I C, C, 1/27/64 'RESOLUTION NO, 2844 ® Continued Page Five Motion by Councilman Snyder, seconded by Councilman Heath, 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, 2844, RESOLUTION NO, 2845 ADOPTED Mayor Barnes: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DEDICATING CERTAIN CITY OWNED PROPERTY TO PUBLIC STREET PURPOSES AND ACCEPTING SAME AS A PUBLIC STREET" (Lot 11, Tr24648 Yaleton Avenue) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Towner, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No, 2845, RESOLUTION NO, 2846 ADOPTED Mayor Barnes: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED"(Lot #19 Tr #20977 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 Towner, Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No, 2846, -5- f 6 C, C, ' 1/27/64 CITY CLERK'S REPORTS m Continued RESOLUTION NO, 2847 ADOPTED Mayor Barnes - Page Six The City Clerk presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEEDII(Lot #34, Tr #20977) 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 Towner, Jett, Heath, Snyder, Mayor Barnes Noes- None Absent- None Said resolution was given No, 2847, RESOLUTION NO, 2848 ADOPTED Mayor Barnes - The City Clerk presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED"(Lot #35, Tr#,20977) 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 Towner, Jett, Heath, Snyder, Mayor Barnes Noes- None Absent: None Said resolution was given No, 2847, PROJECT S,P,6406 LOCATION° Workman from Citrus APPROVE PLANS 8 SPECIFICATIONS westerly and numerous RESURFACING OF CERTAIN other streets in EXISTING STREETS Sanitary Sewer APPROVED District A°11-61-1, Review Engineers report, Approve plans and specifications, Authorize ' City Engineer to call for bids, Staff recommends approval and authorization to call for bids, Councilman Towner: Have we done this same procedure where the streets have needed, repair? in other sewer district areas Public Services Director, Mr, Dosh: Yes, The previous four or five negotiated contract in which we entered times we have done this by into a contract for something less than $5,000,00. T 0 C, C, 1/27/64 PROJECT S,P,6406 - Continued Page Seven Motion by Councilman Heath, seconded by Councilman Towner, and carried, to approve the plans and specifications in Project S.Po6406 and authorize the City Engineer to call for bids, SCHEDULED MATTERS BIDS PURCHASE OF FIRE PUMPER BID 64-43 Bids received in the office of the City Clerk at 10,00 A,M,, January 23, 1964, as advertised, The bids received are as follows, AMERICAN LA FRANCE SEAGRAVE PACIFIC CORPORATION CROWN COACH CORPORATION MACK TRUCKS City Clerk, Mr, Flotten, Councilman Heath, No bid No bid 10% bid bond No bid $30,905,19 (Read recommendation of Finance Division re this matter,) On the other Crown Coaches we bought, are they similar to this one? Fire Chief Wetherbee, I think the one diversion should be brought to your attention and it has been so stated in the letter, On the previous two Crown Coach pumpers we purchased we had a different motor, one which is $2,500 less, The price compares favorably with surrounding cities for purchases on large motors, The record shows it is in line, Councilman Towner, I assume that the reasons stated for receiving only one bid are correct, Do you have any other additional information on that? Fire Chief Wetherbee, No, Councilman Towner, Apparently as long as the prices are in line and as long as it meets the requirements of the Fire Department I see no other alternative. Motion by Councilman Towner, seconded by Councilman Heath, that the Director of Finance be authorized to issue a purchase order to Crown Coach Corporation of Los Angeles for the combination pumping engine in the amount of $329141,409 including sales tax. Motion passed on roll call as follows, Ayes, Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes, None Absent, None -7- Co Co 1/27/64 I'SCHEDULED MATTERS ® Continued DISTRICT A°11®61®1 SANITARY SEWER DISTRICT Page Eight LOCATION- Willow Avenue, Morris Avenue and other streets and rights of way,, Hearing of protests or objections to the confirmation of assessments to cover the installation of sanitary sewers in Willow Avenue m Morris Avenue Sewer District,, Set for hearing this date in "Notice of Filing Assessment and Diagram" dated January 10, 1964,, Mayor Barnes- Mr,, City Clerk, do you have the notice of' publication, posting and mailing? City Clerk, Mr,, Flotten- I have the affidavits. Motion by Councilman Towner, seconded by Councilman Jett, and carried, that the affidavits be received and placed on file,, Mayor Barnes- Mr,, City Clerk, have you received any written protests or objections against the assessment? City Clerk, Mr,, Flotten- I have,, (Read letters directed to the City Council re this matter in protest and/or objection from the following- (1) Assess- ment No,, 841, Lot 159 Tract 143879 Assessment of $510,,50, signed by Mr,, and Mrs,, H,, J,, Denton, 2410 West MacDevitt Street, West Covina; (2) signed by Mrs,, Gladys M,, Hansen, 2404 Cedarwood Street, Assess- ment No,, 825, Lot 48, Tract No,, 14258; (3) signed by Maurice S,, Grace, 2506 West MacDevitt Street, no tract or lot number; (4) 2426 West MacDevitt Street, signed Richard J,, Hesselback, Assessment No,, 844, Lot 18, Tract 14387; (5) Lot No,, 5, Tract 18452, 1824 West Eldorado Street, West Covina, signed by Thelma M,, Russel,,) Mr,, Pat Rosetti- This is the final assessment, The work has been done. The work was given to the lowest bidder,, We have approximately one thousand parcels and we have attempted to spread the assessment according to cost,, The breaking down is $7.61 an assessible foot, which is not a running foot. We have one area which has received an acreage charge because of the full development of the property. There were a few areas where we felt it was a hazard to the development of the property at the present time and therefore we have given certain considerations to that,, Regarding the question of the excessive cost of $15,,00, the person has been adding what they have paid on their side and the neighbor paid across the street,, Both sides of the street are paying for the one line,, That has always been our policy,, Most of our sewers are running about $7,,50, $8,,509 $9,,50 a foot. I think even a seven -dollar sewer today is relatively cheap,, Regarding Assessment No,, 844, this is a lot 68 feet in the front and the same in the rear and it is 141 feet deep,, (Drew illustration on board and explained same,,) Councilman Snyder- Do you feel this is fair policy, the Russell assessment? according to your assessing J I t C, C, 1/27/64 SANITARY SEWER DISTRICT A°11-61-1 - Continued Mr, Pat Rosettio Page Nine Yes. If Mrs. Russell is�:unhappy about it, I would like -E.---.ask her how she would assess it, Mrs, Russell: I would recommend that since all of the lots are straight lots across the street and up to this curve, since all are assessed on the front footage and since you went on an average figure on the curve, I still feel my lot is an odd lot and should be the same as those around the cul-demsac, Councilman Snyder: Her lot was forced to be made odd -shaped because of the cul-demsac, not necessarily the street frontage, Mrs, Russell: I feel it is a cul-de-sac piece of property and shouldn't be handled any differently than those on the cul-de-sac, Councilman Snyder: I think the criteria to determine whether it is a cul-de-sac lot is whether the cul-de-sac caused its odd shape and I think it did, Mr, Pat Rosettio I would say we can't make it 60 feet, It is not our recom- mendation, We would go to maybe 70, 71 feet, The average is one and a half foot off from the 73 and we would be happy to send her a check for the difference, It will be a difference of about ten, twelve dollars, Mayor Barnes: I think this 61 frontage and the 82 feet in the rear should hit an average but I don't think it should benefit to the extent 'of 6.0,` -on -the :cul-de-sac, Mrs, Russell: As far as I'm concerned, it is part of the cul-de-sac,, If you don't want to accept it as that, leave it as it is, I don't want any $15,00 back, Mrs, Johnson: Is there a stub off on the rear property? If there was one put there, who told them where to put it? No one ever contacted us on where to put this because we didn't know we were going to be assessed for the back part, I am talking about a lateral so the street won't have to be torn out later on if we do decide to subdivide, Mr, Pat Rosettio The Engineering Staff, I presume, approximately where it is going to Mrs, Johnson: There is a lateral there and you have not been charged for it, checked the houses and determines be, When the time comes for this subdivision to take place, we won't be charged for that? Public Services Director, Mr, Dosh: There is a lateral there, The lot she has could be subdivided into three parcels and four parcels with a slight variance. This is Very:s.imilar to the property we just subdivided on Merced, Mrs, Watts, Here we reduced the assessment about $175,00 if this -was figured on sol I C, C, 1/27/64 Page Ten SANITARY SEWER DISTRICT A111®61-1 Continued the basis of having full assessment for both frontages and both laterals would cost $175,00 more, We took this into consideration that at the present time there is one house in the middle of this property, Mayor Barnes.- Are there any oral objections to the district? Mr, Bernie Hearty Why do we have to go by this average when you have all the plans of each individual house and tract in the City which states how many front feet each person has? Why don't you assess on what you have here instead of going by the average? Mr, Pat Rosetti.- That law was enacted more than 20 years ago, Nobody uses that law because it works a hardship on certain pieces of property, (Drew illustration and explained same,) Mr, Edward Antony I have a lot of frontage but no back property, Mine is 848,44, Why should mine be 848 when other people have a deep lot and a small frontage, If it was reassessed for apartments I could never use that space, Mine is Lot 419 Assessment 524A, Mr, Pat Rosetti-. This is a case where we came up with what we thought would be fair, (Drew illustration and explained same,) He has two con- nections to the property and that is what I charged him for, Councilman Snyder. - Is it very likely that that lot could be split? Mr, Pat Rosetti-. I can only go by what I see on the diagram, If there are two house laterals on a property I have to charge for two. I have to charge for the laterals, Planning Director, Mr, Joseph.- I think it could be two lots. resulting would be, I don't I think you could get two know what the lot size in there, Mr, Edward Anton.- I only asked for one lateral on one side, I have the lateral on the Bromley side but there is a mark on the other side, Councilman Heath.- It must have been figured that the lot could be split, Councilman Towner.- It appears to me that he is his neighbor on this getting particular situation, more for his money than Councilman Snyder-. What was the cost for the extra lateral? Mr, Pat Rosetti-. $125,00, He has 95, The average in the area is about 80, _10- C, C,, 1/27/64 Page Eleven 'SANITARY SEWER DISTRICT A111m61m1 m Continued Councilman Snyder- I think this is equitable in view of the facts of the other lots in the area and the amount of ground that he has there, Mr, Pat Rosetti- I feel that this is more than equitable for this area, Councilman Heath- The difference seems to be that he feels it cannot be split into two lots and the information we are getting leads us to believe that it could be two lots and therefore it is being assessed as a split lot,, Mr,, Edward Anton- It was tried eight years ago and it can't be done,, Mr,, Don McTaggart: I filed a letter of protest last Thursday with the City Clerk regarding a secondary lateral on my property also that I didn°t feel was just,, This is 2015 Sunkist Place,, Mri,,Pat Rosetti- (Drew illustration and explained same,,) There are two laterals,, I believe the gentleman claims that the house is in the center. We have come up with a recommendation of the deletion of one lateral charge,, One of the reasons it was put there is that there are two mailing addresses to that property,, Mr, Don McTaggart° No; there is only one,, Public Services Director, Mr,, Dosh- I would have to look that up in the City records,, Mr, Zell- I think your maps are quite in error. That has been cut down to roughly 45 feet sold to the State for the underpass and that peice of property was denied for two lots in 1950 and that piece of property has always been one address and one piece of property,, Mr, Pat Rosetti- The credit for taking off one lateral is $125,,00, What the City can do is relieve him of that responsibility of $125,,00,, If there ever is a possiblity that you want to use this other connection then you can pay the City the money for it and open it up, Mayor Barnes- If there are no other protests,. I would entertain a motion that the hearing be closed, Mr, Pat Rosetti- I would like to have some of these changes recommended the spliting of a piece of property, now is four, we gave them credit for three house laterals, and the credit to MacTaggert, and there was one that involves a description correction; there is one other piece of property that has been requested to split,, (Drew illustration and explained same,) We have prorated the amount,, I think this is the Pearl property,, The assessment remains the same. It was just pro- rated the way he has it split,, On Mrs,, Johnson°s, we gave her an extra lateral but there is no charge. These are incorporated into the change,, 1] I C, Ca 1/27/64 Page Twelve SANITARY SEWER DISTRICT A°11m61m1 Continued Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the hearing be closed, RESOLUTION NO, 2849 ADOPTED Mayor Barnes: The City Attorney presented: `PA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA MODIFYING THE ASSESSMENT DIAGRAM AND ASSESSMENT ROLL /IV) SEWER ASSESSMENT DISTRICT NO, A911a61ml'9 Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Jett, seconded by Councilman Heath, 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, 2849, RESOLUTION N0, 2850 ADOPTED Mayor Barnes: The City Clerk presented: P°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONFIRMING THE ASSESSMENT FOR THE IMPROVEMENT OF WILLOW AVENUE, MORRIS AVENUE, AND OTHER STREETS AND RIGHTS OF WAY AS MODIFIED11�i9'//-z/-/) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Jett, seconded by Councilman Snyder, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No, 2850, VARIANCE NO, 476 LOCATION: 1943 and 2001 West David Kreedman Garvey between Sunkist HELD OVER and Cameron. Request to modify required setbacks, height and ground coverage -re- quirements in Zone Rm4 approved by Planning Commission Resolution No, 1515, Called up by Council on January 6, 1964, City Clerk, Mr, Flotten: Zone Change No, 281 and Precise Plan No, 392 of David Kreedman are coming up on February 10, I think it is understood that this be held over is they could all come up at the same time, -12- Co Ca 1/27/64 Page Thirteen VARIANCE NO,, 476 ® Continued Mra David Kreedmana We started to draw plans about three different times and every month is is costing more money to figure out what to do here,, Is it necessary to wait that long? Councilman Snyder,, The zoning won't be final anyway,, Mr,, David Kreedman.. Then we will have to wait,, Motion by Councilman Towner, seconded by Councilman Snyder, and carried., that Variance No,, 476 be held over to the meeting of February 10, 1964. PROPOSED AMENDMENT NO,, 60 Request to amend the West Covina City Initiated Municipal Code section to replace APPROVED 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 22 to August 50 to September 23, to October 14, to November 12, to December 23, 1963, to this date,, City Attorney, Mr,, Williams.. I think all portions of Amendment 59 have been approved,, Mayor Barnes.. Is it your opinion that this should be passed at this time? City Attorney, Mr,, Williams.. Yes, because in'adopting 59 some of these uses are left orphans unless something is done with them,, Mayor Barnes.. This is the time and place for the public hearing. There being no public testimony, the hearing was closed,, Councilman Towner.. Does this require the drafting of an ordinance? City Attorney, Mr,, Williams.. Yes,, Motion by Councilman Towner, seconded by Councilman Heath, and carried, to direct the City Attorney to draft an ordinance as proposed in Proposed Amendment No,, 60 as presented Commission,, to the Council by the Planning PLANNING COMMISSION REVIEW PLANNING COMMISSION ACTION OF JANUARY 15, 1964 So indicated by Mr,, Flotten,, ZONE,CHANGE NO,, 283 Leslie Sugar Discussion as follows.. -13- f f i C, C, 1/27/64 PLANNING COMMISSION ® Continued Mayor Barnes, Councilman Heath, Page Fourteen We have been requested that this come up in May, That is fine with me if that is their request,, City Clerk, Mr,, Flotten, He appealed but asked permission that it be held in May, 1964,, The City Attorney has said that this would be legal,, Councilman Towner, Councilman Snyder, Mayor Barnes, Councilman Towner, I have no objections, I have no objections, The Council has no objection to this coming up in May, Mr, Ritchie is requesting time to prepare a precise plan, City Attorney, Mr, Williams, I think it might be desirable so that the City Clerk isn't blamed for this late date if you would move that it be set for a date in May, Motion by Councilman Heath, seconded by Councilman Jett, and carried,, that the hearing for Zone Change No, 283, Leslie Sugar, be set for the second meeting in May,, 1964, PRECISE PLAN NO, 93, REV, 1 DePietro Discussion as follows, City Clerk, Mr, Flotten, There was an appeal but it was withdrawn, Councilman Snyder, It doesn't seem that that four - foot wall performs much,of a protection, I would like to know more about it, Councilman Towner, I think there was an objection by the neighbor about using the, adjoining alleyway for trucks that would pass in and out for the purpose of collecting trash and one purpose of the four=foot wall was to discourage this, That is Cml in the front and Rm3 in the rear, Councilman Towner, It seems to me you should con- sider what is zoned next to it in your thinking of the wall, not what is built there, I am not satisfied myself that this is the right thing, Councilman Jett, Councilman Snyder, Councilman Heath, Councilman Jett, I would like to -call this up, I would, too, If the man is satisfied, why do you want to delay him? I am not asking for a hearing, m14® C� C: i Co Co ' 1/27/64 'PLANNING COMMISSION ® Continued City Attorney, Mr. Williams - the Planning Commission acts on it, It is the same as an appeal. Councilman Snyder - Planning Director, Mr. Joseph - Page Fifteen It becomes final in a period of so many days from the time If you review it, it is a hearing. When is the last date it can be called up? 20 days from the 15th. Councilman Towner° If he withdrew his appeal it seems to me he accepted the condition which was based on the opposition of the adjacent property owner. Councilman Snyder- It can still be called up next Monday. We can check into it and if we want to we cah call it up next time. RECREATION & PARKS JOINT MEETING Mayor Barnes - GENERAL MATTERS ORAL COMMUNICATIONS COORDINATING COUNCIL Police Department Deficiency This meeting is February 3, 1963. It is a seven ®'clock dinner, and will be at Cloud Nine. Councilman Heath- I have a report to make. There are some members of the Coordinating Council in the audience. It seems we have had something come up which the Coordinating Council is sending to the City Council requesting some information. At the Coordinating Council meeting last Thursday afternoon we had a report from a Rev. Wittlinger and the president, Mr. Feldman. I can't understand why the report was taken to the Coordinating Council because it was a concern with our Police Department and I think if it was a concern about our Police Department that it should have been given at the City Council meeting. On top of that, I feel some of the statements made in this report were erroneous. It seems that Mr. Feldman is a juvenile officer with the school system and he works closely with Rev. Wittlinger from St. Martha°s Church. They went to our Police Department on a juvenile case and as the reverend said disposed of that in about five minutes but were at the police station for approximately threehours discussing this other problem. This is the report I am bringing pack to you as it was made to the Coordinating Council. C, C, 1/27/64 COORDINATING COUNCIL m Continued Page Sixteen The problem is this- To quote Rev, Wittlinger and Mr. Feldman, during that three hours they had conversation with our Chief of Police and other members of the Police Department and they were told that we in West Covina were very much understaffed in our Police Department and that they were only taking care of the most serious cases, Rev,, Wittlinger quoted an instance where there was damage done to his church; he reported this information to the Police Department and even gave the person°s name and there was nothing done because of the fact, as he quotes, there were not enough officers, Rev,, Wittlinger went on to say that we have taken on the Pickering Tract which is eight miles from the station with 1,110 homes and that we have not added any men to our Police Department to take care of this added burden,, He brought out the fact that there was only one juvenile officer in the City and this was far from adequate because of the fact that there are a thousand cases of juvenile problems per year, This is the report that was made by Rev, Wittlinger, The Coordinating Council heard the report,, I told them that there was a report being made by our City Staff concerning the problem at Mr, Jett°s request, I also told him that in the report of the Personnel Department that the head of the employees stated that there were supposed to be 40 police officers and there were only 31 and this was being investigated, It was the feeling of the Coordinating Council that this report be made to the City Council,, I don't know why it was taken to the Coordinating Council in the first place. It should have been brought here so I am bringing th.is_repert to.you... Tf you will notice you have been given about a 12-page report tonight presumably about this subject,, I haven°t read this yet. It might contain the answers in it,, Councilman Snyder- I have read the report and the first three pages summarizes it very well, As far as I°m concerned, it could be read by the City Clerk now,, Councilman Towner-, I would like to have some further information about it,, First of all, the report Rev, Wittlinger and President Feldman to the Coordinating Council I assume was made because they are members of the Council and acting in the interests of the Coordinating Council and I am wondering if their report was made in writing or transcribed to see what was actually said, Councilman Heath- There were minutes taken but they were not taken like our minutes, only the action was taken down, Councilman Towner-, I would like to ask further, did the Coordinating Council take some action on this? Mr, Joseph Bloom-, I am a past president of the West Covina Coordinating Council,, This matter was not brought before our Board and the action of Mr,, Feldman bringing Father Wittlinger to this meeting was his own action and not the action of the Coordinating Council,, We were surprised to have that report given to us,, What Councilman Heath said this evening is essentially what transpired,, -16- C, C, ' 1/27/64 'COORDINATING COUNCIL o Continued Page Seventeen Councilman Towner-. If I understand it then, I under® stood Mr. Heath to say he was bringing this to the Council here at the request of the Coordinating Council, Councilman Heath-. Councilman Towner - Councilman Heath - Councilman Towner-. This is true, And yet they say no action was taken, There was an action taken to bring this report to the Council here, I am still at a loss as to what the action was, Mr, Joseph Bloom, We had requested that we send someone to the City Council to hear the report on this and we were hoping that it would be this evening, Councilman Snyder-. I have received many conflicting calls as to what went on at that meeting, Apparently a great deal of doubt was raised and some confusion, I feel to settle this that this report should be made public and forwarded to the Coordinating Council because obviously there are many stories going around town that are not necessarily based on fact, Councilman Heath-. If the Rev, Wittlinger had something to say about the Police Department, and he is not a member of the Coordinating Council to my knowledge, I think that he should have brought it to the City Council°s attention rather than taking it to an organization which consists of a member of every civic organization in the area, This can only lead to spread the thing all over the City and blow it out of proportion, I agree, Dr, Snyder, that a copy of this report should go to the Coordinating Council to answer any questions brought up at that time, Maybe that will suffice and answer everything there is to be questioned, Councilman Snyder-. I would have no objection to holding this for a week while you read the report and have the report made next week, I think since Chief Sill's department is under criticism on one side of the case here that he should have a chance to speak, Police Chief Sill, I wasn°t present at the Coordinating Council so I don°t know what report was given, I can vouch for the fact that if such a report, and I assume it has been given, was given, it was given on the volition of either Mr, Feldman or Rev, Wittlinger, They had been in the Police Department and they had discussed some matter withihe juvenile officer, To say there is only one juvenile officer is wrong because there are two officers assigned to the juvenile division, Sgt,'Martin is there and Detective Schneider is there, He told me what Sgt, Martin had told him about the juvenile case load and I agreed with that, that the case load was high, We had requested an additional.juvenile officer in the last budget but it was turned down, -17- • In u Cc Ce 1/27/64 COORDINATING COUNCIL - Continued Page Eighteen This was about the total of my conversation with him,, How he got to the Coordinating Council and said there was only one juvenile officer I don't know except perhaps we have been doing some recruiting and we have used Detective Schneider in doing background work for the new officers,, He is still assigned to the juvenile division of the detective bureau,, Mayor Barnes- I think it should be brought out at this point that it is recommended that your number of people be extended with some six men. Don't you rotate some of your men in juvenile section or haven°t you in the past? Police Chief Sill- We have assigned different officers to the juvenile section and every time a sergeant promotion comes up that man always seems to get promoted,, That is where the rotation comes in,, Councilman Heath - The Council gave more men than requested in the budget,, Councilman Jett- I don°t think we gave more than requested,, The Chief requested a specific number of additional men. the City Manager recommended three and we gave them six,, Councilman Heath - Police Chief Sill - Councilman Heath - Police Chief Sill - How many juvenile officers did you request? One additional so it would have made three,, What did the City Manager recom- mend to us? He didn't recommend one and you didn't give any,, Councilman Towner- There was a statement made that the juvenile case load is high. I would like to clarify that just a bit. Is it high with relation to the officer personnel or high with the relation with the population or high compared to other cities in the area? High in relation to what? Police Chief Sill- It is not high as far as our City is concerned but it is high with the officers assigned to handle the case load,, Mayor Barnes - Police Chief Sill., Councilman Heath - Police Chief Sill - How many cases do you have per month on an average? I haven°t the figures with me,, How many additional patrol cars did we put on this year? We have one in the budget that we have not activated yet,, - :- E C, Ca 1/27/64 'COORDINATING COUNCIL ® Continued Councilman Jett-, additional men we gave you? Police Chief Sill-, Page Nineteen Didn°t we authorize two or three more in order to handle these I can't be sure of that, Councilman Jett- The thing that concerns me here, I was talking to Mr, Aiassa about this problem and I asked him the question, "You're the administrative officer here, How come we haven°t had a report or been brought up to date on something like this before? I think you, as the administrative officer, should keep us appraised of situations like this," He said he was going to get into it and had this report coming up which I had requested, I can't help but feel that this is something that the administrative officer should be completely cognizant of and have it under control, This certainly points up that the Council should be closer related to what is going on in the City, Councilman Towner- I don't know what is pointed up here, We authorized the filling of these vacancies, The Personnel Department has done continuous testing in accordance with our standards to fill the vacancies. Out of 13 vacancies that existed at the time of the authorization, including seven resignations and six new positions, they have filled all but four, These four new positions, there are presently four men remaining on the eligible list who have only to finish their medical requirements and if they qualify they will be in, There has been a continuous testing program, Councilman Jett - Councilman Towner - Police Chief Sill - Councilman Jett - Police Chief Sill., Councilman Jett - Police Chief Sill-, There has been testing but no hiring, There are 13 vacancies existing now, There are four vacancies, There are four, Does this include the men we have authorized, the additional men? Yes, What is the total number of employees? 67, Councilman Jett- Where does this 31 officers come from that one of your officers gave us a report on? Police Chief Sill - I don't recall that figure, Councilman Jett-, During the Personnel Board°s hearings on the salary raise Jim Rasp made that statement, that there are 40 officers authorized and only 31 officers hired and that this is the vacancy existing as of right now, This did not include disability. I made the statement that this sounded like 25% undermanned, This is what prompted this request for this report, m19- I 3� C, C, 1/27/64 COORDINATING COUNCIL o Continued Councilman Heath. - Councilman Snyder. - Page Twenty That was in the Minutes of the Personnel meeting, That doesn't make it true,, Mr. Rasp could have made a mistake,, Police Chief Sills As this report by Mr. Weeks indicates, it is true at budget time the Council authorized six additional uniformed officers which were gratefully received and acknowledged. About that time we had quite a series of resignations,, With the six new ones and filling the vacancies that existed as a result of thes resignations put a strain on the Personnel Bureau as well as ourselves to immediately begin to examine people and do this series of background investigations, psychologicala polygraph,, It takes a period of time to do these things because we are after the best men we can possibly get. We have been in the process of examining and hiring men as they have made themselves available, For some reason the type of person that we have been after have not been readily available so it has taken more time than we anticipated in the beginning but we are gradually filling these ranks up with these officers, Councilman Jett. - Chief of Police and the City Manager,, that should be discussed, Councilman Heath-, I would like to see a personnel session with the Council, the I think there are some problems I would like to see this,, too,, Councilman Snyder-, I don't want any implication left here that this has not been going according to plan, It says right here in black and white and it has been stated over and over that there are only four positions that are not filled but you keep repeating the fact that Mr, Martin said 31 as though you were trying to get that false fact out instead of the true fact. This report should be made public. It shows everything is going according to plan. It also shows that the four authorized positions that are not filled are not filled because no man has taken a test yet who has passed all of the qualifications necessary. The only thing you are making public is the derogatory material, half of which is not true,, Councilman Heath-, The information derogatory or not is a report that is coming to you from a citizen and it is being brought to you, if you want to take offense with that man, take offense with him, but the Council is only reporting to you the report they have received and this is not derogatory on the part of the Council, Councilman Snyder-, I could go on and tell what was the Coordinating Council meeting, told to me of what you said at Councilman Towner-, This is one reason I asked were there any written records of the meeting and I asked whether Mr. Feldman or Rey,, W ttlinger were present because we are getting second-hand information from Mr,, Heath as to what happened there,, I don°t believe that these comments are the full story,, I donat believe they were intended as derogatory, -20- i i Co Ca 1/27/64 COORDINATING COUNCIL ® Continued Page Twenty -One either,, They were intended to present a particular problem that these gentlemen have,, I think insofar as our City staffing is concerned, the report of our Personnel Department presented to us through the City Manager certainly clarifies that there has been a diligent effort to find qualified men to fill these jobs and that they have filled the jobs,, Councilman Heath-. that some of the people on the the information in this report been given the same benefit,, Councilman Towner - This I would know after I read the report,, It is quite evident Council have been given the benefit of and some of the Councilmen have not I got the report tonight and read it tonight,, It was in front of you,, Councilman Heath-. Let's hold this over until next week,, In the meantime I think we should send a copy of the report to the Coordinating Council,, Motion by Councilman Towner, seconded by Councilman Heath, and carried, that a copy of the report of January 27, 1964 of the Administrative Assistant to the City Manager be released to the Coordinating Council and any other interested party along with the attached information which consists of the standards adopted by the City Council in selection of police officers through Ordinance No,, 687 and also with the attached sheet comparing the information regarding the other cities,, Councilman Jett-. I think that the implications here are serious enough that we cannot drop them without getting in here and getting a full report,, I think our Chief is entitled to this,, There has been implications involving the Chief and certainly it has cast a question on the part of a lot of people,, Councilman Heath-. I would like to have a joint meeting of personnel with the Council and the City Manager and the Chief of Police,, Councilman Snyder-. I have no objections to this as long as the facts are released after such a meeting and that this is viewed in light of the facts and not in light of statements which do not pertain to the facts,, Mayor Barnes-. Mr,, Flotten, would you make a note to have a joint meeting with the Council, the Chief of Police and the City Manager as soon as he returns and have the meeting set up? City Clerk, Mr,, F°lotten-. Yes,, Police Chief Sill-. If I may, I would like to comment regarding these various figures,, What we are talking about is what is known in'a court of law as hearsay'-,evldence and inadmissible. First of all, unless following this Coordinating Council nobody came and asked me as the Chief of Police just what the problem was,, If someone comes up and grabs a figure of 31 and said this then this suddenly means something to some- body,, When we talk about the number of police officers, this is -21- I 11 i Ca C, 1/27/64 COORDINATING COUNCIL o Continued Page Twenty -Two exclusive of the rated mend There is a total of 42 allowed in the Police Department,, Some of these officers have been assigned to other tasks such as the detective bureau in which they are not assigned as such to the uniformed patrol and sometimes when you try to say these men who are assigned cannot be an officer patroling on the street, but neither can a detective,, Sometimes these figures get juggled depending on who looks at them and how they interpret them,, I would like all information of this type to come out of my office and then there will be no confusion of what is going on,, It is a simple matter which can be proved by mathmatics,, Councilman Jett-, We have a City ordinance that does not let a City Councilman to go talk to the Chief directly,, He can only talk through the chief administrative officer which is the City Manager,, Councilman Snyder-, Councilman Jett-, Councilman Towner-, Councilman Snyder-, The City ordinance does not say that,, That is what you have been telling me,, We never said that to you, Mr,, Jett,, We said you could not give orders to a staff member directly Councilman Towner-, It has been the repeated assertion of Mr,, Jett and I have repeatedly set the record straight that he cannot talk to staff members,, He cannot give orders as a single Councilman,, I have said this to him on a number of occasions,, Councilman Jett-, get these facts out into the open? Councilman Twoner-, Why would you object to having a meeting here where we can I am not objecting,, I am all in favor of it,, Councilman Snyder-, I am not objecting, either, I think the whole Council wants as first-rate a police force as we can afford,, I am concerned that a political football is being made out of something that doesn't exist,, Before I talk about a problem I would like to know whether a problem exists and you haven't proven a problem does exist,, Mayor Barnes: WRITTEN COMMUNICATIONS COUNTY LEAGUE DAY This is the reason we are going to have a personnel meeting,, City Clerk, Mr,, Flotten-, We have an invitation from the League of Women Voters to attend the County League Day on January 30, 1964,, m22® C; Co 1/27/64 COUNTY LEAGUE DAY m Continued Page Twenty -Three Mayor Barnes-, I think it would be very bene- ficial to the Council if someone could go to this,, Mr. Gillis is going to speak at this meeting about MTA,, Councilman Snyder,, I can't go,, LETTER FROM JOSEPH A,, TINTARY REGARDING ALCOHOLIC BEVERAGE LICENSE OF FRANK FERRARA City Clerk, Mr,, Flotten-, This is in respect to an appli- cation for on -sale beer license on Glendora Avenue adjacent to the Church of Christ. (Read letter re this matter,,) I have a memo dated January 23, 1964 directed to the City.Manager re this problem from Chief Sill asking that this appli- cation be protested on the basis of the number of licenses already established in this area,, This is the area with which there is the most concern in the City,, Mayor Barnes-, This is a reading room, if I am not mistaken,, Councilman Jett-, No; they have services,, Mayor Barnes- What they asked for when they came in for their permit was a reading room and I don't think this building as a commercial building should be considered as a church because it was not asked for as a church at the time when we granted their application and I think we should consider this and I think the Chief should consider this because this is not an established church and it was by a special permit that we granted them to use this building. Councilman Snvder-, I think there is one other point that needs to be cleared up,, To my recollection they are there on a temporary basis only. Planning Director, Mr. Joseph. Their permit was toallow church activities on Sundays and Sunday School,, They are there on a variance which has to be renewed yearly and like clockwork they come in every June and ask for an extension,, The people from the church have been in to see us with a new architect. They own property on Merced and Butterfield. The word I have is they will be filing their amendment to the precise plan soon. Councilman Towner. We have granted their right to have services there. I think we have two problems here. First, if we are going to protest on the basis that there is an adjacent church. Personally, I would be willing to make that protest. The other problem is that we are creating beer alley down Glendora Avenue that is going to give us serious police problems and I think frankly it is downgrading the area if this rate of increase of beer parlors goes on. I personally think they have a valid objection as stated by the Chief of Police that more beer parlors concentrated in one small area create more police problems and we have a valid basis for objection on those grounds. -23- Co C, 1/27/64 Page Twenty -Four ALCOHOLIC BEVERAGE LICENSE OF FRANK FERRARA - Continued Councilman Snyder. I think to be absolutely fair the Chief should consider the fact that the church is there on a temporary basis, In that respect, the church should have very little influence on what goes on in that area of zoning because it will be gone and to come in there and temporarily control everything around it seems to me a little bit unfair, I think we should have another recommendation from the Chief in light of those facts, Councilman Heath; I hardly feel you should tie up a business that would be operating six days a week because of something that might happen one day a week next door, Councilman Towner. As long as it is there, it is there as a church, It is a matter of statute whether the beer parlor can go in, Councilman Jett. Is this just beer or is it a restaurant? Police Chief Sill. It is just beer, Councilman Towner. The problem is probably very simply solved, As I recall the law, I think it provides that a new establishment or liquor license may not be granted within a certain number of feet within a church and the only question that will be presented to the Alcoholic Beverage Controal Board is whether or not this is a church and this is a legal question they will have to decide, If the church has made its protest it will be presented to the Board and it is up to them and we have no control over it, Councilman Jett. The resolution that passed was for a church and Sunday School purposes,• Councilman Snyder. I don't think there is any action necessary on our part, Mr, Joseph Tintary; I am representing the applicant in the negotiation of the lease. I think Chief Sill is quite well aware you don't issue a beer license; you must have a cafe to go with it. That is the way those licenses are issued, Councilman Heath. Police Chief Sill - Is this a conditional license? No, Mr, Joseph Tintary. This application was made in April of 1961, Chief Sill, and I don't mean anything derogatory, made exactly the same protest, the area was saturated, Subsequent to that time, quite a few liquor licenses have been initiated in that very area, the Great Wall, Irv's Delicatessen, and Tall Paul°s, in the same area, They went in without a single protest from Chief Sill°s department, The church seems to be the big problem and the ABC will tell you like they have told me and like I am sure Chief Sill is aware of, they will, put a beer license right next door to a church, This is allowable according to the -24- C, C, 1/27/64 Page Twenty -Five ALCOHOLIC BEVERAGE LICENSE OF FRANK FERRARA - Continued regulations and I will stand on that. This church asked to be placed in a commercial zone; they knew what they were walking into; they knew there would be businesses in.there; they knew there would be beer establishments there; they made an implied contract with the people owning property there and with the other business establishments in the area that they would not interfere with their proper use as a C zone. They have no complaint, This is the hazard of operating their church in a C zone. The use has been established here; this is a C zone; a beer parlor goes there, The church is there at the suffrance of the people and the business people and other property owners there. Food will be served in this establishment, Councilman Snyder.- If the church was not a factor would you still. at this time protest the beer license on the fact that there are too many on that street? Police Chief Sill-, We have a. report that will be due by your next Council meeting, an investigative report about this area, This is a little premature as far as my discussion concerning this license because the investi- gation is in process of being completed now, However, I would like, if I may, to comment on Mr, Tintary°s remarks, . He is wrong when he says no license goes in without the serving of food, This is not true, The way this license is written and the way the application is stated, they may serve beer only, To say there have been no protests, we did protest the Great Wall and we lost that protest before the ABC. As far as Irv°s Delicatessen, which is going in across the street, this is a conditional license that food is served and this is the reason we made no protest on it because they said they would be open limited hours, not past six or seven at night and their primary job was to serve food with beer being supplamental to the food. I would look differently at this if it stated in the license that food would be served. Here is the thing. If a license comes up with a condition on it that food be served then should they ever go out of the food business we would have an opportunity to re-evaluate the license, Councilman Towner-, How long is there before the time for protest runs out? Police Chief Sill-, February . City Clerk, Mr, Flotten-, You have another Council meeting on February 3, Police Chief Sill-, My report should be ready by that time, Motion by Councilman Towner, seconded by Councilman Jett, and carried, that the matter of the alcoholic beverage license of Frank Ferrara be held over to the meeting of February 3, 1964, Councilman Snyder-, I would say he should consider although the church is there in fact right now that it is there to June. It doesn't mean that it will or won't be there after that, -25- C, C, 1/27/64 Page Twenty -Six ALCOHOLIC BEVERAGE LICENSE OF FRANK FERRARA o Continued Mr,, Sutherland- I am the owner of ten stores on Glendora, When this church went in an associate of mine asked me not to protest this temporary zoning because the man who owned that building was having a rough time renting it,, So I didn't protest it so the church went in,, There have been applications for bars for various stores which I own there- Most of. them I haven't done anything about because I am not crazy about having a bar as a tenant unless it is a good bard This man has run another establishment; it is real clean; no police problems; no problems whatsoever, He seems like a good tenant- I need a good tenant,, Because of the church I have had vacancies in those ten stores which is fantastic and there is no reason for it, LETTER FROM HOWARD C, ERICKSON, ATTORNEY FOR FRANK BOWKER REGARDING EASEMENT FOR STORM DRAIN City Clerk, Mr, Flotten- I believe you have copies of this letter,, Mr,, Howard C,, Erickson I represent Frank Bowker,, The Attorney purpose of this request is to 104 South Glendora Avenue ask for a permit to build a West Covina building for the corner of Glendora and Vine next to Von°s Market, Bowker has done everything that he knows of necessary to secure a permit to build on this property,, We have gone to the proper people and made a demand for a permit and offered to pay the necessary fee and do anything else necessary and the City people we have talked with were very courteous; they have done what they felt was right interpreting the resolutions and the City ordinances as they saw them,, However, this is a matter which I feel only the City Council can determine at this time because it is a matter which requires the exercise of some discretion,, The crux of the problem is that although everything has been done that we feel is necessary, the City officials state that they cannot grant the permit because there is a requirement for granting of an easement for storm drain in the resolution which provided for the precise plan,, It is our position that this permit cannot be legally held up because of this storm drain for the following reasons: The requirement for a storm drain to carry this water from one part of the City to another part is illegal if it requires the granting of an easement without just compensation, Secondly, there is nothing in the resolution, and I am referring now to Planning Commission Resolution No,, 646 of the Planning Commission, which says this easement must be given without compensation. This is not an attempt on the part of Mr. Bowker to renege on something. He is willing to give an easement but not in a situation where it is going to be a detriment to him, The resolution which refers to this says that easements for future storm drain be granted to the City of West Covina,, The letter which Mr. Bowker sent to the City at the time of the precise plan indicates that he would be willing to give an easement and the letter which he sent is in the following terms- "If, as and when you are ready to proceed with such a program we see no reason for not granting you an easement along this boundary line,," Mr,, Bowker is still willing to give an easement but he doesn't want to be hurt by doing so,, Of course, he -26- Co C, 1/27/64 Page Twenty -Seven STORM DRAIN EASEMENT (BOWKER) - Continued has explained this to the City, He has explained that if this easement is given at this time the County Flood Control will get out there and start digging and these businesses will be closed up or nearly so by reason of this storm drain being put in and will want to sue Bowker for giving an easement to this property, I don't think he has to do this, He has said if the City Council is willing to pay him not what the land may be worth for easement purposes but just the damage that it will cost him for closing up these businesses during this periods he would be willing to grant the easement right now, I think this is fair enough but this is something that has to be negotiated with the County and this is fine, happy to do it, but don't hold up the permit in the meantime, As I read the resolution there is nothing there that makes it a condition preceding to granting a permit nor does it specify any time when this easement is to be given, We want a permit and we want it now, Mr, Bowker is at the point where he is ready to sue. He has told me to do it, We felt it would be better if we could come in here and get the City Council to see this problem, understand it, and grant it without going through a suit because it would take a longer time and cost more money and I think if we are right it is something you gentlemen can see. Mr, Bowker has to have it right away because he has a tenant signed up now for that property where it provides for occupancy on April lst, These tenants are here, They have indicated that if they do not get started this week that they don't want the lease, There is a provision for an out for them in it, The lease is for. $1050,00 per month, It runs for ten years,, If he loses this lease he will be suffering those damages. We bring these points to you, We feel he is legally entitled to it and we request that you grant it, City Attorney, Mr, Williams.- It is true that in approving the precise plan a condition was written just as Mr, Erickson read it that an easement for future storm drain be granted to the City, Ordinarily we consider that a condition_in the approval of the precise plan is to be performed before the precise plan can be used but this precise plan is being used and the condition wasn't required before it could be used, I am a little at a loss to know why the condition would not have been in effect when the use was first started but now is in effect, On the other hand, looking at it from the standpoint of the City and the City Building Inspector, if he issues this permit it comes to your attention that he issues it and there was a condition in this precise plan and you get him up here and ask why he did it when the condition wasn't fulfilled. I don't want to put him in that position. I don't know the answer to this, This is kind of a question of discretion, Surely the condition was put there with the intent that it would be enforced, I kind of read it that it is put there with the intent that the easement be granted when it is demanded and I think he reads it that way, If that is so, I think it has no connection with the building permit, If you grant the building permit you do not waive the requirement that there be an easement granted; nor do you waive, I think, the ability to enforce it if there is any such ability. You do, however, lose a very practical means of getting it, He wants a building, He wants it very badly so this is a fine time to force him to give it to you except he acts like he isn't going to do it, I don't see a clear, easy answer, I think that it is one of these situations where I don't entirely agree with everything Mr, Erickson says but I agree with some of it, I don't necessarily agree that this is an illegal condition, I don't know whether it is or not to the extent that this property was subject to taking drainage across it and that this easement and storm drain may be desirable to relieve a condition that otherwise is not -27- is • C, Co 1/27/64 Page Twenty -Eight STORM DRAIN EASEMENT (BOWKER) - Continued good for the public welfare and to the extent that this drain may drain this particular property, I think the condition would be legal. I am not certain that it is clear that it is a condition that must be ful- filled before a building permit is issued. I am concerned with this: If the building permit is denied and if Mr. Erickson can convince a court that this was not a condition before a building permit and that Mr. Fowler should have issued it, Mr. Fowler is personally liable for the damage sustained. I am not willing to put this burden on Mr. Fowler, If you want to you can order him not to issue the building permit, Councilman Towner. - waiving the requirement ment to this right to enforce the of the precise plan condition we can go Councilman Snyder; If this is approved we grant, this building permit without granting of the easement as a and if we have Mr, Erickson°s agree - ahead on this basis, Public Services Director, Mr. Dosh: Do we have a letter from Mr. Bowker agreeing to giving this easement? Yes. (Read letter from Mr. Bowker re this matter dated October, 1959.) City Attorney., Mr, Williams: I think issuing the building permit in my opinion would not waive the requirement. I think the letter helps. It acknowledges the existence of the condition and indicates he will comply with it, One of the weaknesses is that neither one says when, the letter or the condition, The only thing concerning me is this: I do not believe there is a direct connection between the request for the building permit and the issuance thereof and the fulfillment of the condition for the drainage easement, I think you can issue the building permit and expressly state in issuing it that this does not waive the requirements of this condition for the dedication of a drainage easement. Franklyn in my own opinion, I don't attach any significance to the statement that Mr, Erickson makes that it doesn°t say it has to be given free. If it is to be given, it is to be given free. Councilman Jett: Aren't we just about ready to start construction of that storm drain? Public Services Director, Mr. Dosh; They had hoped to start before March but they are not certain. Councilman Jett: This has been coming up before the Council ever since I have been on it so with this thought in mind, I feel reasonably -sure that we are going to have to move on this soon because this is becoming a rough problem. With this in mind, why shouldn't we get this easement now, go ahead and issue Mr. Bowker his building permit, and get everything straightened out right now. Public Services Director, Mr. Dosh: Flood Control is going to do the storm drain, C, Ca 1/27/64 Page Twenty -Nine STORM DRAIN EASEMENT (BOWKER) m Continued Mro Howard C, Erickson- He is not refusing to give the if easement, The point s that i he gives it he is going to suffer damages, We see no reason why this should be granted and be damaged, I am not quite sure that Mr, Williams had this letter completely in mind when he said the letter referred to giving an easement, Giving in the law has a definite meaning, Granting, I feels has a different meaning, Mr, Bowkeres letter refers to granting an easement and the Planning Commission resolution refers to deeding, I feel neither one of these words talks about compensation, When you grant something you do this every time you sell a house, you grant it for a consideration, We don°t want to be technical about it, but if he grants an easement right now he is going to have those businesses that are leased tied up and they are going to turn around and want some money, All he is saying is he is willing to grant an easement, You don°t have to go through condemna- tion but if you don°t want to go through condemnation be willing to compensate him for the damage that is going to be caused with those buildings are tied up, Mayor Barnes- Do you have any idea of what kind of a figure you're talking about? Mr, Howard C, Erickson- I don't know, They have talked in terms of ten days to do this, Councilman Snyder- Have you ever known of paying damanges for an easement in a similar case? Mr, Howard C, Erickson- Where the easement is required for the development of that particular precise plan, yes; then the City can probably require it without compensation but the courts have finally gotten around to saying there are some things a City can't demand free and one of these is that you canBt demand an easement across somebody's property to carry water from one palce in the City to another place in the City and I am assuming that this is what is planned for this easement, Councilman Heath- When Mr, Bowker built this rootbeer stand and the Frosty Freeze, he knew there was an easement going through there sometime, didn't he? Mr, Howard.C, Erickson- I imagine so, Councilman Heath- He must have also known when this circumstance was going to come up, he put that building up that Mr, Howard C. Erickson- He presumed to know that the Federal construction requires just compensation for a property being taken, Councilman Heath- He put up a building and knew he was creating a condition that would some day have to catch up to him in damages, -29- C,, Ca 1/27/64 STORM DRAIN EASEMENT (BOWKER) m Continued 6 Mayor Barnes; Page Thirty The property on the downhill side has to accept water, Mr,, Howard Ca Erickson. The property on the natural flow has to accept water but I don't know where this water is coming from or where it is going to. This is not natural flow any time you change the course or channel it, you're changing the flow,, The point is, when I talk about an illegal condition I am talking about putting a condition on taking for an easement that you're planning to take without compensation,, To me that is an illegal condition in the precise plan and that is all I am talking about, If you are willing to pay compensation you have the right to condemnation,, Give us the permit; you have plenty of rights; the County has plenty of rights to get this easement later,, Councilman Snyder. It seems to me there are legal ramifications and even Constitutional ones here that we are not qualified to answer and perhaps this should be answered by the court as far as the damages go,, Mr,, Howard C,, Erickson. If this is what you want Councilman Snyder. If we do this we may be setting a precedent that we will have to do it in all similar cases and we have no precedent in court saying so,, Mr,, Howard C,, Erickson. If your City Attorney is here to advise you on what needs to be done then I'm sure this is what needs to be followed,, Councilman Snyder. There are legal questions here that aren't answered, it seems to me,, Mayor Barnes. Mr,, Bowker, I think in your letter of intent you intended for some time to give this easement and I think the only thing you are considering is any damage against you that these people who are renting your property may bring to you,, This particular group, they knew this existed and if we grant this permit I don't think there should be any damages from the precise plan that you are now acting on because you brought this to the Council,, Perhaps the other two people didn't know about it but these•gentlemeri do. I am sure you intended to give this free and indicated this in the'lettero Mr,, Frank Bowker. The Tasty -Freeze was there long before this precise plan was approved,, Any damages they sustain would accrue regardless of the precise plan,, They were there in 1954, This precise plan was approved in 1958, The only thing I am asking is protection to a point,, I told this to Mr,, Dosh and the Flood Control people and asked if they could intelligently or reasonably complete the digging and laying of pipe and refilling and having it so it could be used in ten days and the engineer thought it could be done,, I said I would be willing to give you this easement and I will take the first ten days damages, if any, but if the contractor holds the thing up and holds it up any longer I want to be compensated after that amount of time and I am still willing to do that, but it will take Board of Supervision action before the right-of-way man can make that contract with me,, ®300 • C, Co 1/27/64 Page Thirty -One STORM DRAIN EASEMENT (BOWKER) ® Continued Public Services Director, Mr. Dosh: This is exactly right and the people we talked to from Flood Control went down to look at the property and after viewing the property and realizing both the properties are not cut off entirely, the business would probably be hurt but not closed down, Their problem is this: They would be willing possibly to include a section in their contract which states a portion of this contract must be put in a certain limited period of time but they could not insure Mr;, Bowker that the contractor would do it and according to the County Counsel, they can write these in specifications but they can't enforce it, Councilman Jett; City Attorney, Mr, Williams. - Who would be responsible for damages? Ordinarily there is no responsibility for incidental damage due to construction,, Councilman Heath: I don't see why we should hold up the building permit We are no better off holding up the permit than we are by granting it, We can work out this arrangement on a ten-day offer at some later time, Councilman Jett: an agreement, not just giving it away Councilman Snyder. - I think it should be more than a motion; I think it should be here,, We can't make an agreement for the Flood Control, Motion by Councilman Townerg seconded by Councilman Heath, that the City grant the building permit to Frank Bowker on Precise Plan No,, 13, Revision 4, on payment of the proper fee without waiving the City's right to enforce deeding of the Flood Control easement as a require- ment of the precise plan at such time as the City requests,, Mr,, Howard C,, Erickson: It isn°t up to us to agree, You can make any motion you want, I would agree that you have the right to provide in there that the City does not waive any right it now has. I don't feel we should stipulate to it only because first of all it isn't our place to stipulate to it, and secondly, Mr. Bowker doesn't want to put himself in the position where he is giving up any right to protect himself against damages that may accrue when this ditch is put in, Councilman Heath: Would he reconfirm or confirm his statement in that letter that he wrote? Mr. Frank Bowker; I am willing to grant it on the basis that I talked to the Flood Control people and also I talked to the City about it several years ago and the engineer that came to see me at that time from the City agreed that a ten-day deal should be reasonable, m310 C, Co 1/27/64 Page Thirty -Two STORM bRAIN EASEMENT (BOWKER) ® Continued Mr, Howard C, Erickson-. What you have, you haves and Mr, Towner has very carefully reserved it to the City, Councilman Towner-. The intent of my motion is not to request that they stipulate or we stipulate to anything, The intent of my motion is to give him a building permit at this time reserving to both parties to assert their positions at a later date when the problem arises, Mr, Howard C, Erickson-. That is a very fair thing. Action on Councilman Towner°s motion-. Motion carried, LETTER FROM COVINA UNIFIED SCHOOL DISTRICT City Clerk, Mr, Flotten-. This is an answer to the letter I wrote them at the instruction of the Council, . REQUEST OF ST, LOUIS FOUNDATION TO SOLICIT FUNDS FOR ESTABLISHMENT OF A MEMORIAL CHAPEL TO BE LOCATED NEAR BUELLTON, CALIFORNIA, IN MEMORY OF JOHN F, KENNEDY Councilman Heath-, City Attorney, Mr, Williams-. This -is not a charitable organization or a church organization, is it? No, This isn't a religious activity, You can deny a charitable but not a religious organization, Motion by Councilman Towner, seconded by Councilman Heath, and carried, to deny the request of St, Louis Foundation to solicit funds for the establishment of a memorial chapel to be located near Buellton, California, in memory of John F, Kennedy, PROPOSED ANNEXATION City Clerk, Mr.,, Flotten-. proposed annexation from Sam Oschino I have a letter directed to the City Council regarding a Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that this proposed annexation be referred to the Planning Commission for their recommendations, m32® C. Ca 1/27/64 CITY ATTORNEY RESOLUTION N0. 2851 ADOPTED Mayor Barnes. Page Thirty -Three The City Attorney presented. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA COMMENDING WILLIAM FORTIER FOR HIS SERVICES TO THE CITY OF WEST COVINA" Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Towner, seconded by Councilman Heath, 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. 2851, 9 RESOLUTION AND/OR MEDAL Motion by Councilman Heath, seconded by Councilman Jett, that the City Clerk'be instructed to write a resolution commemorating Fern Sayers Merry for her services. Councilman Towner. I think the idea of a plaque is something permanent, a token that a person honored can retain, I think the people who are honored by the City Council in this respect might well be honored by this permanent plaque bearing the City Seal. Instead of a resolution supplant it with a diploma -type certificate or a plaque, something that would be permanent. Councilman Snyder. I think this is above and beyond an ordinary resolution,, Councilman Heath. I will retract my motion,, I would be in favor of a certificate with the City Seal on it but T wouldn't be in favor of a plaque,, Councilman Jett. I will withdraw my second. I suggest this be set up for members of our Planning Commission and our other commissions. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to give Fern Sayers Merry a certificate or diploma of service for her services. Councilman Snyder. I feel her service was so long and this is more than ordinary and we should give more here than to somebody just going off the Planning Commission or the Council, either one,, Councilman Heath. You have a good point but where do you draw the line? m33® E • �J Ca C. 1/27/64 RESOLUTION AND/OR MEDAL _ Continued Councilman Snyder? Councilman Jett. - Councilman Towner; determine where we might put it? Page Thirty -Four I think this is an exceptional cased I think the Council would have to establish the policy. These are individual cases. Where would be an appropriate body to look into this and The Parks and Recreation Commission? Councilman Heath.- I think we will be loading up our parks if we go to this condition. I am rather adverse to putting these plaques in the parks. Councilman Snyder.- You could name another fire station or something like that. Let's ask that the Park and Recreation Commission in conjunction with Mr. Flotten study the possibility of doing something along the lines we have suggested. If they can't find something like that they can say so or come up with something else. Mayor Barnes. - Councilman Snyder; I don't want to send it to the Parks and Recreation Commission. All right; just Mr. Flotten. Motion by Councilman Snyder9 seconded by Councilman Jett, and carried, that Mr. Flotten be instructed to investigate the possibility of doing something in recognition above and beyond the ordinary resolution or plaque. ORDINANCE HELD OVER Councilman Heath. - Councilman Snyder. - to build a house with a one -car garage. Councilman Heath. - The City Attorney presented-, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 9219.14 AND 9219.15 OF THE WEST COVINA MUNICIPAL CODE RELATING TO OFF-STREET PARKING REQUIRE- MENTS" We just got this report tonight. I think it is related to the Rml zone and I think it is a crime I think we should hold this to the next meeting. Councilman Towner.- This report lays out the basis on which the Planning Commission recommendation was made. I have no objection to holding it over again but I think we are running out of time because every day you wait somebody else walks in for a building permit. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the ordinance regarding off-street parking be held until the next regular meeting, February 10, 1964. -34® 11 • Ca Ca 1/27/64 CITY ATTORNEY - Continued ORDINANCE NO, 841 ADOPTED Page Thirty -Five The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC NO. 280, Gemite, Inc,) Motion by Councilman Towner, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Jett, seconded by Councilman Towner, 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, 841, RESOLUTION NO, 2852 ADOPTED Mayor Barnes-. The City Attorney presented-. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN N0, 319 AND GRANTING VARIANCE NO, 472" (Lark Ellen Hospital) Hearing no objections, we will waive further reading of the body of the resolution, Councilman Towner: I understood it to be stated on the record that this hospital or convalescent building had to be approved by the licensing authorities and the reason I ask that was because of the number of stories involved, I would like to have that confirmed as to whether that was the information we had, Does anybody have any recollection or does the record show that? I thought Dr, Mintz made that statement, Councilman Snyder-. They would have to be approved by the licensing authorities, It does require a State license and they are very strict, Councilman Towner-. I have no objection to the building or the use if there is that further requirement that they meet these safety requirements of the license, Motion by Councilman Heath, 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, 2852, i� C, C, 1/27/64 Page Thirty -Six CITY ATTORNEY - Continued RESOLUTION NO, 2853 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A REQUEST FOR A CHANGE OF ZONE" (ZC No, 282, city Initiated) Mayor Barnes: Hearing no objections, we will . waive further reading of the body of the resolution, Motion by Councilman Towner, seconded by Councilman Jett, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Towner, Jett, Snyder, Mayor Barnes Noes: Councilman Heath Absent: None Said resolution was given No, 2853, RESOLUTION NO, 2854 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO, 1277 BY THE ADDITION THERETO OF A CLASS SPECIFICATION FOR THE CITY COUNCILMEN'S SECRETARY" Mayor Barnes: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Jett, 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, 2854, RESOLUTION NO, 2855 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPOINTING THE MAYOR AS THE AGENT OF THE COUNCIL WITH RESPECT TO THE CITY COUNCILMEW S SECRETARY" Mayor Barnes: Hearing no objections, we will waive further reading of the body of the resolution, -36- f s S Ca C, 1/27/64 RESOLUTION NO, 2855 m Continued Page Thirty -Seven Motion by Councilman Towner, seconded by Councilman Heath, 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, 2855, RESOLUTION NO, 2856 ADOPTED Mayor Barnes: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING A LEAVE OF ABSENCE WITH PAY TO DONALD GAREIS" Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Jett, 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, 2856, RESOLUTION NO, 2857 ADOPTED Mayor Barnes: The City Attorney presented: P°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF RESOLUTION NO, 1277 RELATING TO SALARIES`, Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Jett, 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, 2857, -37- C, C, 1/27/64 CITY ATTORNEY,_Continued Page Thirty -Eight RESOLUTION -NO, 2858 The City Attorney presented - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA. APPOINTING MABC-L I, HO.FFLAND CITY TREASURER TO FILL THE UNEXPIRED TERM OF FERN SAYERS MERRY" City Attorney, Mr, Williams; (Read body of resolution in full,) I have no particular fears that this will hold to April, I think you have to give more thought about what would happen, Councilman Towner- The office is vacated at this time and there is no line of succession, City Attorney, Mr, Williams- The law is that the City Council appoints to fill the position. If you leave it vacant there is no way of'getting the money out of the City's bank account. She has to be bonded, Councilman Towner- This is a position of tremendous power and influence, I have heard she can put it under her mattress if this was what she wanted to do with the money, I haven't interviewed Mrs, Hoffland except to see her around the City and she is a likable person but as far as her attitudes toward the control of the City money and the deposit of the City money I don't know what she will do, Mayor Barnes- I think this is Mr, Aiassa's recommendation on a temporary basis, For the present we must have someone authorized to go to the. bank at this time, City Attorney, Mr, Williams- I think we can say this: The indication she has given and I don't say it is binding, is that she had no intention of making any change in the banking arrangements, Councilman Snyder- The bonding company will investigate her and there is no way that anybody could snitch money even if they put it under their mattress because this is all audited, Councilman Towner- I have no question at all about her integrity. The point is this- That she does have the power to take all of the,money out.._Q-f onebankand put it in another bank which is tremendous power. I don t know what her attitude or position is toward this kind of thing, Councilman Snyder- I can understand your question. I know her very well as a patient as well as having seen her around the City and I don't think you have anything to fear, Councilman Jett- I have known her for 109 129 15 years, I don°t think there would be any question there,- C, C, 1/27/64 RESOLUTION NOo 2858 - Continued 6 Councilman Snyder. - and you might get anybody in there, Page Thirty -Nine I doubt if she would change anything. Anybody could run City Clerks Mr, Flotten.- We have already talked to Mrs. Hoffland and she is working very closely with the Finance Division who more or less keep tract of where our deposits are and she is not making any moves or won't make any moves until she checks with Mr. Kay first, Councilman Towner.- I have no objection to her shifting deposits around or doing what is necessary in accordance with her job but I just want to be sure that no drastic moves are made at this time or that the power be put in the hands of a person who might misuse them, not Mrs, Hoffland, Mayor Barnes.- Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Jett, 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, 2858, City Attorney, Mr, Williams.- I think the Council should adopt a motion authorizing the auditors who performed a post audit function for the City, Cotton and Francisco, to make an immediate audit of the City Treasurer's books as of the date of her death and prior to the newly appointed City Treasurer assuming responsibility and establishing by this audit her accountability of the office and the balance transferred from one City Treasurer to the other, Motion by Councilman Snyder, seconded by Councilman Heath, to authorize the auditors who performed a post audit function for the City to make an immediate audit of the City Treasurer's books as of the date of her death; as recommended by Attorney Williams. Motion Passed on roll call, as follows° Ayes.- Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes.- None Absent.- None City Attorney,, Mr, Williams.- I think you should adopt a motion requesting each of the banks in which City funds are deposited to provide a break -off statement for auditing purposes as soon as possible and provide the same to the auditors as of the date requested, Motion by Councilman Snyder, seconded by Councilman Heath, and carried, to request each: -of the banks in which City funds are deposited to provide a break -off statement for auditing purposes as soon as possible and provide the same to the auditors as of the date requested, -39- Ca CI> 1/27/64 Page Forty RESOILUTION NO. 2858 - Continued Cityi Attorney, Mr. Williams: Mrs. Merry's death terminates the auth- ority of the Deputy so there is nobody who can sign the checks. RESOLUTION NO. 2859 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHOR- IZING THE CITY ATTORNEY TO INCUR LITIGATION EXPENSES IN AN AMOUNT OF NOT TO EXCEED $100000 IN COOPER- ATION WITH OTHER CITIES," Mr,IWilliams: The city attorneys of Los Angeles, Orange and Ventura County have held a joint meeting and they have discussed the fact that frequently a case arises that is of threat to the cities as a whole, to the home rule; for example, the Carole Lane case. By the time we can go to our city councils, have them meet, get an authorization, and so forth, it is toollate to get a pitch in. The recommendation has been made by these city attorneys that each city attorney obtain from his council author- ity;to spend up to $100.00 in conjunction with other cities when a com- mittee of three prominent city attorneys judging the facts and submitting them to Bud Carpenter and he agrees that it is a case that all cities should,participate in, Maylor Barnes: Hearing no objections, we will waive further reading of the j body of the resolution. i Motion by Councilman Towner, seconded by Councilman Heath, that said resolution be adopted, Motion passed on roll call. as follows: i Ayes: Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No, 2859. I RESOLUTION NO. 2860 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DESIG- NATING TAXATION DISTRICTS FOR THE FISCAL YEAR 1964-65" Mayor Barnes: Hearing no objections, we will waive further reading of the body of the resolution, Moltion by Councilman Snyder, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: I -40- I i Ca Co 1/27/64 Page Forty -One RESOLUTION NO. 2860 - Continued,: Ayes: Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: None i Said resolution was given No, 2860. i RESOLUTION NO. 2861 j ADOPTED I i Mayor Barnes: i i I The City Attorney presented: ,,A RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF WEST COVINA DESCRI- BING A CERTAIN PORTION OF THE CON- SOLIDATED COUNTY FIRE PROTECTION` DISTRICT WHICH HAS' BEEN INCLUDED WITHIN THE CITY OF WEST COVINA AND DECLARING THE SAME WITHDRAWN FROM SAID DISTRICT" (fs,F- t/-/83) 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: I Ayes: Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes' Noes: None Absent: None i Said resolution was given No. 2861. i CITY MANAGER REPORTS LARK ELLEN AVENUE STORM DRAIN Project SD-6320 Mr, Dosh: i I I STORM DRAIN LAND ACQUISITION State Property LA 6429 MR, DOSH: We will hold this off to next week. (Presented photographs and explained same.) I sent a memorandum to Mr. Aiassa re this matter dated January 2, 1964, I would like the recommendation in- cluded in the Minutes: -41- I C, Co 1/27/64 Page Forty -Two I STORM DRAIN LAND ACQUISITION (LA 6429) m Continued i i "RECOMMENDATION- "la That the City assume all of the necessary liaison with the State in order to receive this right of way relinquishment from the State ands, in turn, dispose of it to the property owners upon completion of improvements at their cost, "2, That the City perform the necessary engineering, which would include plans and constructiong staking to accomplish this work, We have already made preliminary investigations to determine the pipe size, etc,, which we must have to obtain the State relinquishment, "3, We should acquire a bond or bonds from the property j owners to complete the construction within a specified time limit (12 months) and, at the same time, receive the guarantee from the State that upon completion of this work the property would be transferred to the City. This is assuming that the State would not relinquish the property upon presentation of the bond(s) and approved plan for the improvements," Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the City Staff be authorized to proceed with the engineering onithe storm drain known as LA 6429 on the basis of the recommendation of ;the Staff, I i CITY COUNCIL SECRETARY Public Services Director, Mr, Dosh- We have already taken care of this, Mr! Gerald Weeks- In the recruitment of hiring this girl could the Personnel Department go ahead and examine the technical aspects of typing and shorthand? Mayor Barnes- We would like to see the application, i Mr o Gerald Weeks- Would it be agreeable with the Council to have an oral board set up with the Council? I Councilman Heath- T think it should be the whole I Council, Mayor Barnes- I think that would be a good idea, I i ME!RCED ALIGNMENT I Public Services Director, Mr, Dosh- We received two letters this week, the day after our meeting with Mr,Schaub and Mr, Jones, Mr, Jones sold half of his property to Mr Schaub and he owns from the center line of Merced Avenue south, Mr,, Jones retains ownership of the northern half of Merced. We have -42- I I C, Co 1/27/64 MERCED ALIGNMENT - Continued Page Forty -Three to deal with two people, We brought them together to ask what their intentions were and they in turn wrote us these letters, We also discussed what we would do with the property bought from Mr, Skelton, We would like to have the City Council also put the City property in this zoning study because their study is to include all the property fronting on Glendora back to,a certain depth,, This should be considered along with these two propery owners who do have frontage. on Glendora,, Our request is to include these two property owners and the City's property in the study,, I have talked to them and there will be no extra charge,, Motion by Councilman Heath, seconded by Councilman Nett, and carried, that the two properties owned by Mr,, Jones and Mr,, Schaub along with the City's property be included in the Glendora Avenue Study,, Councilman Towner; There was a letter offering us this contract from these particular people and I was wondering whether we changed the terms of that as to the time limit,, It was my recollection it was 90 days and we voted 60,, Councilman Jett: Public Services Director, Mr,, Dosh: Councilman Jett: Councilman Towner: Public Services Director, Mr,, Dosh: Mayor Barnes; I understood it was 60,, Have you signed that contract yet? Not that I am aware of. I understand they are already working on it,, They offered 90 days, didn't they? Yes, I signed the contract, Councilman Towner: I was concerned that we in- advertently changed the lime limit so they couldn't do all these things they were intending to do, Public Services Director, Mr,, Dosh; They have been working on this,, They have had someone out here three times during the past week but he hasn't been talking about, this to us, He is picking up information,, Before we go into this program, do you want to demolish the house or rent it, or what? We are not going to be pushing the street through for the next few months,, There is no point in demolishing it if you can rent it, Councilman Heath: How long will it be before you put the street in? Public Services Director; We can't do a thing before April, By the time we do all these things it will take more than a few months, City Attorney, Mr, Williams: You can rent it, -43- Ca C, 1/27/64 Pap e Forty -Four MERCED ALIGNMENT Continued Councilman Heath: If you move somebody in there at so many dollars a month they Bet in there and they say their water line is plugged up and they need this and that, Motion by Councilman Jett, seconded by Councilman Towner, and carried, that the City Clerk be authorized and instructed to rent the house recently acquired by the City from Mr. Skelton, the amount of rent to be left up to the City Clerk, (Councilman Heath voted "No",) .. CITY CLERK APPLICATION FOR TRANSFER OF ON -SALE BEER LICENSE OF ALEXANDER G, AND JULIA A, McDONALD, DBA FOOTSIEVILLE, 2233 EAST GARVEY AVENUE City Clerk, Mr, Flotten: The Police Chief recommends no protest, Mayor Barnes: We have no objections, STARDUST BOWL City Clerk, Mr, Flotten: The Stardust Bowl is dropping one of the partners, There is no protest recommended on this one either. Mayor Barnes: We have no protests, PUBLIC SCHOOLS WEEK. . City Clerk, Mr, Flotten: Mayor Barnes: BROTHERHOOD WEEK City Clerk, Mr, Flotten: -44- This is for April 20 to 24, 1964, If there are no objections, I will so proclaim, (There were none,) So proclaimed, This is for February 16 to 23, 1964, • • C, C, 1/27/64 BROTHERHOOD WEEK - Continued Mayor Barnes: NATIONAL CRIME PREVENTION WEEK Page Forty -Five If there are no objections, I will so proclaim, (These were none.) So proclaimed. City Clerk, Mr, Flotten: I havea request from the National Exchange Club to proclaim February 9 through 15 as National Crime Prevention Week, Mayor Barnes: CITY TREASURER If there are no objections, I will so proclaim,. (There were none,) So proclaimed, Motion by Councilman Snyder, seconded by Councilman Towner, and carried, to accept the Treasurer's report for December, 1963, and place it on file, MAYOR'S REPORTS VINCENT AVENUE INTERCHANGE. Councilman Snyder: It is my understanding that we have reached the point where in effect we cannot back off on Center Street, that if we backed off on Center Street now there is some cost that we would likely have to pay and there is court precedent for this, In effect, it ties up the whole interchange problem and we are pretty well stuck as far as I can see, Mayor Barnes: The comment was they had had the first preliminary hearing and there would be preparation of briefs and the present hearing and cost incurred by the attorneys on the other side would possibly amount to as much as. the cost of the condemnation of the land itself,, We don't know this9 neither do they, Councilman Snyder: I understand that as far as Plan A and Plan B goes, they liked the plan that was somewhere in between A and B and they also said to drop the present plan and put a new plan such as either Plan A or B or one in between would take as long as two and a half years before it could be gotten through the proper agencies including the Federal agencies, -45- 9 i C, C, 1/27/64 VINCENT AVENUE INTERCHANGE - Continued Mavor Barnes: Page Forty -Six I.didn't hear that, Councilman Heath: Neither did I, They took Plan B and said they couldn't live with it and they revised it and made modifications to try to make it work and they still could not live with it because of three separate intersections which had to be signalized and they said it was a problem, They didn't even consider Plan A. Councilman Snyder: There is still a possibility of an improved interchange but it would take up to two and a half years to change the interchange on there, Councilman Heath: I don't think there was any discussion on that, Councilman Towner: I talked to Mr, Hoy on the telephone and he did confirm my conversation that if we changed horses at this time that we would incur what he expressed to me would be several years away. I gathered there would be a long delay on it, In other words, we would have to start all over from scratch and wash out a tremendous expense and effort and everything they put into it plus the expense that would be incurred with a pending lawsuit if we washed it out, My attitude toward this is this: There isn't an awful lot of difference between these various proposals or plans, The one we had started on its way is not really tremendously different than the other proposals made by Gruen and there is funds for this plan that is presently pending which includes the Center Street, It is my theory we ought to get the action going and get the interchange cleaned up and put in there, Councilman Snyder: I think in view of these facts the public should know we can hardly do anything else but I do feel we should ask Victor Gruen in view of the fact that in effect we have lost part of the frontage road, the continuity in that area, in view of these facts if he can come bark with any recommendation on how to accomplish this, Mayor Barnes: I think that is a good idea, Councilman Towner: They have already indicated that they spent more than their allotted time on Vincent Avenue, Councilman Snyder: I still think that is important, the free flow on that side of the shopping center from east to west, I would be willing to pay additional funds to see if he can come up with an answer for it or not, Councilman Heath: We were just talking about if we made any changes in here it would delay it, Councilman Snyder: He can't make changes; he has to come up with a suggestion in view of what is going in there in the way of an interchange, MUM I I 2 C, Ca 1/27/64 VINCENT AVENUE INTERCHANGE m Continued Councilman Towner: Councilman Snyder: Councilman Heath: put it in anyhow and this is going to This is not the right.attitude, Page Forty -Seven I think if we put it in this way people are going to use the freeway, That is.what we want to avoid., We are not satisfied with this interchange but'we are going to be inhere for a long time.,, Councilman Jett: I think one of the most important points here is that the State is going to do what they want to do there or -we are going to sit here, In effect, this is just what they told us the other.night, Either you take what we feel is good and what we will do or just sit there, This opens up Center Street that they are all hollering about and it gives us a good flow, Councilman Towner: I certainly have reservations about this plan, strong ones, but the thing that pushes me is I want some,actiono I want the Vincent Avenue Interchange solved, Maybe by pushing this I might be making a big mistake so the suggestion to send it to Victor Gruen and let him study it at extra cost is fine with me, Councilman Snyder: I think we should send it to him, Secondly, I think he has a responsibility, although we will probably have to pay him more, but he should have known that this was impossible so in effect, since it wont work the way he suggested, it is his ressonsibility to either say he can't come up with anything that.will work better than we have or make suggestions, Councilman 'Towner: I think probably it would work, The question is that the State now is. in a position where they are just fooling around with it, Councilman Jett: Did he tell you they had had the pretrial on Center.S,treet on.the condemnation? Mayor Barnes: The final pretrial comes up in April,. The final trial is May 11, Councilman Towner: If we lose the present allot- ment then we have to start all over again, Councilman Snyder: I would like to go ahead as of now but I would also like to make sure they review the A plan, Mayor Barnes: I think the important thing is to get this done and I don't want to hold it up for two more years, They have one appraisal, They have their own staff appraisers but I think that the City Council of West Covina should recommend that they get one more appraisal as soon as possible, I think if we make a motion tonight to accept this we should also include that they ask for one more appraisal, -47- • C, C, 1/27/64 Page Forty -.Eight VINCENT AVENUE INTERCHANGE - Continued Councilman Heath: I am confused here,.We have an interchange which I have objected to from the time it was incepted and now we feel that we want to hang it, I don't think we have the time, I feellt'hat on Center Street that is the deadline that we are worried ahout.right now and proceeding with Center Street and I think we should by all means proceed with Center Street, If the Council at this late date now realizes the shortcomings in this interchange I think it's too late, Councilman .Snyder: Councilman Heath: that could help us, Why do you think we asked for this study? Victor Gruen didn't do any good, He didn't come up with anything Councilman Towner: The alternatives Mr, Marks presented were in accordance with State design standards, The State feels they have done enough; they have committed enough;.and they would like to finish this thing off because they have an allotment of money, I still think there is room to negotiate but we have to keep the action alive and the nego- tiations alive, 9. Councilman Heath: They told us the Victor Gruen plan cannot be used, Mayor Barnes: They claim the loons are too short, there are too many signals and too close together, Councilman Snyder: There are possibilities of other plans there9 something between the A and B, even with Center Street, Councilman Towner: Mr, Marks told us at the time of our negotiations with him about the contract that he was able to discuss these things with the State Division of Highways, that he was familiar with their techniques, problems and procedures and he felt he could sell his design to the State, Councilman Jett: Councilman Snyder: to grant rights of way through there? Mr, Phil Wax: Councilman Snyder: They didn't want it, Didn't we have some promises from people in the old center That's right, Shouldn't the staff be directed to negotiate with them now? to negotiate with those property owners Move that the Staff be instructed at least verbally) who promised to grant the right of way through the old center, Councilman Towner: I am under the impression that the State is still open to some negotiation on this regarding the interchange, -48- l] I? Ce Co 1/27/64 VINCENT.AVENUE INTERCHANGE - Continued Councilman Snyder: Page Forty -Nine I am talking about different property, Councilman Towner:. I think it might be.premature because I would like to find out what we have from the State in the way of readjustment of this, Councilman Snyder: If we can get this promise in writing it wouldn't hurt anything, Planning Director, Mr, Joseph: Before you pro-,eed along these lines, looking at this map over here, if this design goes in it is going to wipe out a tremendous amount of parking of the Center, Councilman Snyder: I will withdraw my motion,, Move that the Staff be authorized to contact Mr. Gruen and obtain his cost for restudying. his solution to this Vincent Avenue Interchange problem in view of the new facts as presented and also in.view of the fact the State has turned down his other interchange and see if he can come up with recommendations, Councilman Heath: I think he did a'job that wasn't satisfactory andI think he should do it, Councilman Towner: I think certainly it should be brought to his :attention,'.. I got the.impression'that he indicated to us that he.was capable of designing an interchange that would be acceptable to the StatE and he -was familiar with negotiating with them and we are wondering if he can't give us a little more performance on that promise, Councilman Heath: Councilman Towner: Councilman Snyder: At no extra money, I don't intend to criticize him because I don't know what he has done, I will withdraw my motion, Move that the staff be instructed to ask Mr, Gruen to restudy the Vincent Avenue Interchange problem as well as the circulation on the north side of the business district, the through circulation, and make recommendations; that he should be given the information that the State has not accepted his previous plan, Councilman Towner: Maybe we should hold off your motion because we are going to meet with him on Thursday, Councilman Snyder: There is no harm in letting the staff warn him so he will be able to say whether or not he can do it, Councilman Heath: I will second the motion, Action on Councilman Snyder's motion: Motion carried. -49 - • • C, C, 1✓27/64 MAYOR'S REPORTS.- Continued ITEMS GOING ON BALLOT Mayor Barnes: Page Fifty When would the Council like to discuss items to go on the ballot? We have to do this soon, Councilman Snyder; If you're going to have a meeting to discuss items to go on the ballot I would like pre information or a pre agenda of what those items might be, I can't conceive of any right now myself. Councilman Jett, Councilman Heath: There is only one I can recom- mend and that is the increase of salary, We can think up what we want to put on, I have a few I would like to propose, Councilman Snyder: If You're y going to propose them I reasonable that we hear about them in advance think it is only Councilman Heath: City Attorney,, Mr, Williams: Councilman Snyder: City Attorneys Mr, Williams: Councilman heath. charter citys as a straw vote? City Attorney,, Mr, Williams: Councilman Snyder; Councilman Heath; City Attorney, Mr, Williams: Did you ever send me a copy of the report you made on the charter city? No, We can't put that on the ballot, It has to be by a Board of Freeholders. doesn't it? The City Council can draw a charter and put it on the ballot, Does the electorate approve changing this City to a There is no authorization for taking such a straw vote, Would the electorate approve setting up a Board of Free- holders? You don't think it would be a good idea to put it on to find out? No, Councilman Heath: I think before lone the r°txy iP going to have to go charter. City Attorneys Mr, Williams- I don't think you do this by the people, You do it by an education programong of the feeling of -50- C, C, 1/27/64 "ITEMS GOING ON BALLOT - Continued Mayor Barnes., Councilman Heath® can take this up in a personnel study, DEMANDS Page Fifty -One Put the items you want to discuss on a memo and send them through, I think we want to talk about an elected mayor. I think we Motion by Councilman Towner, seconded by Councilman Heath, to approve demands totaling $5025549,58 as listed on demand sheets B146, C363 through C366, This total includes fund transfers of $165,942,259 also funds including time deposits of $2509000,00, Motion passed on roll call as follows; Ayes., Councilmen Towner, Jett, Death, Snyder, Mayor Barnes Noes., None Absent., None There being no further business, Motion by Councilman Jett, seconded by Councilman Heath, and carried, that this meeting be adjourned at 12.,45 A.M. to February 39 1964 at eight o'clock P,M, ATTEST; s CITY CLERK APPROVED , � 6 -� _ � MAYOR -51-