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05-11-1964 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA May 11, 1964 •The regular meeting of the City Council was called to order by Mayor Snyder at 7245 P.M. in the West Covina City Hallo Councilman Nichols led the Pledge of Allegiance. The invocation was given by Rev. Ralph Michaels of Community Presbyterian Church. ROLL CALL Present-, Mayor Snyder, Councilmen Jett, Krieger, Nichols, heath Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk & Administrative Assistant Mr. Barry Co Williams, City Attorney Mr. John Q. Adams, Public Services (Director Mr. Harold Joseph, Planning Director (from 8:05 P.M.) APPROVAL OF MINUTES March 23, 1964 March 30, 1,964 � April 6, 1964 - Approved as submitted as follows: April 13, 1964 April 20, 1964 • Motion by Councilman heath, seconded by Councilman Jett, and carried, that the Minutes of March. 23, 1964, March 30, 1964, April 6, 1964, April 13, 1964, and April 20, 1964 be approved as presented, (Councilmen Krieger and Nichols abstained.) CITY CLERK'S REPORTS PRECISE PLAN NO. 190 LOCATION: West side of Vincent, Accept Street Improvements north of Christopher. San Gabriel Valley Cleaners APPROVED Accept street improvements and authorize release of American Insurance Company bond No. 5-4714050 in the amount of $2,000.00. Staff recommends approval. Inspector°s final report filed. Motion by Councilman heath, seconded by Councilman Krieger, and carried, to accept the street improvements in Precise Plan No. 190 and authorize the release of American Insurance Company bond No. 5-4771,4050 in the amount of $2,OOO.00. PROJECT NO. T.S. 6319 LOCATION: Sunset and Service, Accept Traffic Signal Improvements Electric & Machinery Service, Inc. Accept, traffic signal improve - APPROVED ments and authorize release of Glen Falls Insurance Company performance bond No. 93752-51 in the amount of $10,068.00, subject to Notice of Completion procedure. Inspector's final report filed. Staff recommends approval. -1- • • Co C. 5/11/64 PROJECT NO. T.Sa6319 m Continued Page Two Public Services Directors Mr,, Adams, That particular intersection had a bad accident history, 37 accidents that included seven injuries. These occurred one year preceding this improvement. The intersection has been open for three weeks and we are happy to report that up to this time there have been no accidents in this particular area. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept traffic signal. improvements in Project No. T.S.6319 and authorize release of Glen Falls Insurance Company performance bond No. 93-52-51 in the amount of $10a068.00, subject to Notice of Completion procedure. PROJECT S.P.6319m1 LOCATION, Service Avenue east ACCEPT STREET IMPROVEMENTS of Sunset Avenue. Claude L. Murphy Const,, Co. APPROVED Accept street improvements work by purchase order No. 10105 in the amount of $10942.00. Inspector°s final report filed. Staff recommends approval. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept the street improvements in Project S.P.6319=1, PROJECT N0. S.P. 6333-1 APPROVE PLANS 6 SPECIFICATIONS SIDEWALK IMPROVEMENTS LOCATION.- Puente Avenue, between Azusa and Lark Ellen. APPROVED Approve plans and specifications for sidewalk improvements. Authorize City Engineer to call for bids ® estimate $3,636.390 Capital Outlay Funds available m $4015.08. Staff recommends approval. City Manager, Mr, Aiassa.- I have a memo directed to me and the City Council, dated May 8, 1964 from R. E. Pontow, City Engineer, re this matter. I would like this included in the Minutes. - "Transmitted herewith are plans and specifications for sidewalk construction on portions of Puente Avenue between Azusa and Lark Ellen Avenues. This proposed area of work has, in the past, been reviewed by the City Council, and these plans and specifications were at that time ordered to be prepared. "Funds, It is estimated that $49015.08 will remain from the $$ 0®000.00 funds in this year°s fiscal budget for sidewalk construction. The City Engineer's estimate for this portion of work, including contingencies, is $3,636,39, It was the intent of the Council to pay for this work from the heretofore mentioned surplus. "Recommendation, It is the recommendation of the City Engineer that the City Council approve the plans and specifications as submitted and authorize the City Engineer to call for formal bids." -2- C, Ca 5/11/64 PROJECT NOo SaPa 6333-1 - Continued Page Three Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to approve the plans and specifications in Project No,, S,P, 6333-1 and authorize the City Engineer to call for formal bids. SIDEWALK PETITION RECEIVED LATE Require Council action regarding financing and priority schedule. City Manager, Mr, Aiassa: We have a memo directed to the and the City Council from R. E, Pontow, City Engineer, I would like this included in the Minutes: dated May 8, 1964 City Manager re this matter, "This office has, in the past, reviewed several petitions for sidewalks in various parts of the City at the request of the City Council, Some of the requests were considered enough to include in the 1963-64 project, currently under construction., and others not so critical were to be considered in future construction projects. One'small project on the west side of California Avenue between Del Haven Street and Bainbridge Avenue was considered urgent but was delayed in order that a determination could be made relative to surplus funds available from the • 1963-64 sidewalk project. The City Engineer's estimate for this work is $600, 00, • "It is anticipated that this portion of work can be financed from the $40,000,00 made available in this fiscal year's Budget for sidewalk construction purposes. If the City Council desires, this work can be included with the project currently under construction. "Recommendation: It is the recommendation of the City Engineer that the City Council approve this construction of sidewalk on California Avenue as described in this report." Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that this project be included in Project S.P. 6333-1 when the City Engineer calls for bids. REQUEST FOR CITY PARTICIPATION IN STREET IMPROVEMENTS Warren 11r inchA bay Project No, S,P,6438 APPROVED LOCATION: Northeast corner of . Vine and Valinda. Review request - Engineer's report - authorize City Engineer to proceed with project. Staff recommends approval. Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to accept the City Engineer's report and recommendation on Project S,P,6438 to include the northeast corner of Vine and Valinda Avenues and authorize the City Engineer to proceed with the project, -3- C, Co 5/11/64 CITY CLERK'S REPORTS ® Continued • ANNUAL REPORT ON STATUS • OF REIMBURSEMENT AGREEMENTS 1964 Page Four Review EngineerPs report,, City Engineer recommends acceptance of report and approval of payments of Reimbursement Funds,, Motion by Councilman Krieger, seconded.by Councilman Nichols, that the Reimbursement Agreement Status Report for the period March 1, 1963 to April 30, 1964 be received and filed and that the reimbursements be paid,, Motion passed on roll call as follows: Ayes: Councilmen Krieger, Nichols, Heath, Mayor Snyder Noes,, Councilman Jett Absent: None TRACT NO,, 28049 LOCATION: Hillward Avenue EXTEND TIME TO FILE FINAL MAP south of Cameo Vista Idaho Construction Corp,, Drive,, APPROVED Extend time to file final map for Tentative Tract No,, 28049 for a periodof one year to May 209 1965 (second section of final map will be Tract No,, 28988),, Staff recommends time extension . (Maps were presented and Mr. Adams gave a brief summary of the matter • Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the time to file the tentative map of Tract No,, 20849 be extended for a period of one year to May 20, 1965, subject to the imposition of such conditions as may exist at the time of filing such map,, RESOLUTION NO,, 2919 ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A FINAL SUBDIVISION MAP OF TRACT NO,, 280499 ACCEPTING THE DEDICATIONS THEREIN OFFERED9 ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND TO SECURE THE SAME" Hearing no objections, we will waive further reading of the body of the resolution,, City Manager, Mr,, Aiassa: I have a memo dated May 8, 1964 directed to me and the City Council from R. E. Pontow, City Engineer re this matter,, I would like this spread in full in the Minutes: "The developers of Tract No,, 28049 have decided to split the subdivision into two tracts. The first portion will retain the Tract No,, 28049, and the second and larger portion will be given a new number, No,, 28988. Because of this change of plans, the developers desire to do the following: m4® • • i Co Ca 5/11/64 RESOLUTION NO, 2919 ® Continued Page Five "(1) Obtain a time extension for the original tentative map, which is Tract No,, 28049,, 11(2) Obtain final approval of the first tract,, "(3) Obtain final approval of the second tract at a later date,, "Inasmuch as there has not been a previous extension of time.granted for filing a final map on this tract, it is recommended that a one-year extension of time be granted to May 20th, 1965,," Motion by Councilman Heath, seconded by Councilman Krieger, that said resolution be adopted,, Motion passed on roll call as follows,. Ayes- Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes- None Absent- None Said resolution was given No,, 2919,, RESOLUTION NOa 2920 ADOPTED Mayor Snyder-, 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" (Lots 70 and 71 in Tract No,, 18545 for street and highway purposes to be known as Cameo Vista Drive and Hillward Drive, respectively, for access to Tract No,, 28049,,) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Krieger, that said resolution be adopted,, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes- None Absent: None Said resolution was given No,, 2920,, (Mr,, Joseph entered the chambers at 8-05 P,,M,,) -5- A • • 0 Co C. 5/11/64 CITY CLERK'S REPORTS - Continued: RESOLUTION NO. 2921 ADOPTED Mayor Snyder: Page Six The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF TRACT NOo 22510, ACCEPTING THE DEDICATIONS THEREIN OFFERED, ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND TO SECURE THE SAME" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows. Ayes. Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent, None Said resolution was given No. 2921, RESOLUTION NO. 2922 ADOPTED Mayor Snyder; 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" (Trona Avenue) Hearing no objections, we will, waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Nichols, that said resolution be adopted. Motion passed on roll call as follows-, Ayes- Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes-, None Absent, None Said resolution was given No. 2922. SCHEDULED MATTERS BIDS PROJECT NO, C-183 Street Improvements LOCATION-, Workman from Homerest to Fleetwell. Bids received in the office of the City Clerk at 10-.00 A.M., May 7, 1964. The bids received are as follows: am Ca Co 5/11/64 Page: Se-ven 'PROJECT NO, C-183 m Continued i WILLIAM KIRKLANV 10% bid bond $ 128533,00 D 6 W PAVING. CO, JASPER N, HALEY 10% 10% bid bid bond bond 13,369)70 13,604062 T, Jd FOLEY 10% bid bond 139643,98 CROWELL 8 LARSON 10% bid bond 139944,50 SULLY MILLER CONTRACTING 10% bid bond 150620,00 City Manager, Mr, Aiassa,. We have a memo dated May 8, 1964 from R. E, Pontow, City Engineer, re this matter, I would Like this spread in full in the Minutes - "The bids for City Project C-1830 Lowering of Workman Avenue between Homerest and Fleetwell Avenues, were opened by the City Clerk on Thursday, May 7th9 1964, at 10-00 A,M, in the Council Chambers, A total of six (6) bids were received, °PThe low bid submitted by Kirkland Paving Co, has been determined to be an irregular bid because it does not conform to the .request of the City in its Instructions to Bidders, Notice to Contractors, and Proposal Schedule for this project, The remaining five (5) • bids have been determined to be valid bid proposals, • "Funds: This is a budgeted item and $209000,00 are available forthisproject in the Traffic Safety Fundo "Recommendation,. It is the recommendation of ,the City Engineer that the contract for City Project C-183 be awarded to the second lowest bidder, the D 8 W Paving Company, on the basis of their low bid items, for a total estimated contract amount of $139369,70,11 Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to find that the bid submitted by Kirkland Paving Company is an irregular bid and that the bid be rejected as not responsive to the call for bids, Motion by Councilman Heath, seconded by Councilman Krieger, to accept the recommendation of the City staff and award the contract for Project C-183 to D 8 W Paving Company on the basis of their low bid items for a total estimated contract amount of $135,369,70. Motion passed on roll call as follows- Ayes.- Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes- None Absents None Efi 1� Co Ca 5/11/64 BIDS ® Continued PROJECT NO, C-191 STREET IMPROVEMENT Page Eight LOCATIONo Azusa Avenue, west side, south of Garvey m east side, north of Greenville Drive Bids received in office of City Clerk at 10-00 A,M, on May 79 1964, The bids received are as follows - JASPER N, HALEY 10% bid bond $ 7,787,50 D & W PAVING CO, 10% bid bond 7021,03 To J, FOLEY 100-o' bid bond 109434,90 Do C, MURALT 10% bid bond 12,144,85 City Manager, Mr, Aiassa- We have a memo dated May 8, 1964 from R. E, Pontow, City Engineer, regarding this matter, I would like this memo spread in full in the Minutes, "The bids for City Project C-1919 the improvement of Azusa Avenue adjacent to the Marshall and Jackson properties, were opened by the City Clerk on Thursday, May 7th, 1964, at 10.,00 A,M, in the Council Chambers, A total of four (4) bids were received, subsequently reviewed by this office, and determined to be valid bid proposals, "Funds- Funds for this project ($109000,00) have recently been made available by the City Council from Surplus County Aid Funds, "Recommendation., It is the recommendation of the City Engineer that the City Council award the contract for City Project C-191 to the firm of Jasper N, Haley on the basis of his low bid items for a total estimated contract amount of $7,787,50,11 Motion by Councilman Heath, seconded by Councilman Nichols, to award the contract for Project No, C-191 to Jasper N, Haley on the basis of hisi,1ow bid items for a total estimated contract amount of $7,787,50, Motion passed on roll call as follows- Ayes- Councilmen Jett, Noes., None Absent- None HEAINGS Krieger, Nichols, Heath, Mayor Snyder ZONE CHANGE NO, 296 Harry Sindell & David Kreedman APPROVED and PRECISE PLAN NO, 392 (REV, 1) Harry Sindell & David Kreedman APPROVED LOCATION., 1943 and 2001 West Garvey between Cameron and Sunkist. Request to reclassify from Zone Rml and R-A to Zone Rm4 approved by Planning Commission Resolution Ca C,, 5/11/64 Page Nine 'ZONE CHANGE NO, 296 8 PRECISE PLAN NO 392 (1) G Continued No,, 1565, Held over from April 279 1964, Request for approval of precise plan for apartments in Zone R-4,approved.by Planning • Commission Resolution No,, 1578a Called up by Council for hearing this dates City Clerk, Mra Flotten- (Read Planning Commission Resolution No,, 1578,,) Councilman Krieger- When this was before the Planning Commission on the precise plan, there was„some discussion of that westerly driveway or alleyway,, What has been the resolution on this as far as this precise plan is concerned? Planning,Di�rector, Mr9 Joseph- Fifteen feet, no parking, and this would be marked for exit only, This is the way the Planning Commission approved it and the way the applicant has amended his plan to show it,, The matter of the driveway has been r(«,,svl, (ed to th,s saltisf,acr;tio n of the Planning Commission. It is a private driveway. Councilman Heath; On that alley that runs parallel to Garvey, are there any conditions you imposed on that? Planning Director, Mr, Joseph- No,, There was no requirement • of this applicant to improve this alley, We felt the applicant was not going to really use it, Mayor Snyder, This is the time and place for the public hearing on the Precise,plana The public hearing -on the zoning matter was held open9 There being no public testimony, the hearing was closed,, Councilman Nicholss, If the Council is considering a development of any type or any piece of ground where there is a potential plan for some other type of usage.in the public interest, does the Council have any legal basis for denying the right of the property owner to develop that land? City Attorney, Mr, Williams- Only for a very limited time,, You could deny the right to develop long enough for a City to institute imminent proceedings for acquisition but to deny on the basis that the proposed development would increase the eventual purchase price is not proper,, Councilman Nichols, In light of the fact that there is a substantially larger parcel alreA8y existing w'it) Rw4 zoning on it and in light of the fact that the Council previously directed the applicant to return with a modified precise plan which would meet the City°s previous objections to the previous precise plan, I feel a moral obligation in this particular instance to go along with this plan and this rezoning although fundamentally I am not particularly happy with adding 45 more units of multiple housing in that particular area or any other area right at the moment unless it is very clearly shown to me that we can support this type of development,, Motion by Councilman Heath, seconded by Councilman Nichols, and carried that Zone Change Noa 296 be approved- (Councilman Krieger and Mayor Snyder voted "No".) -9® C. Co 5/11/64 Page Ten ZONE CHANGE N06 296 8 PRECISE PLAN NO. 392 (1) o Continued 0 Motion by Councilman Heathfl seconded by Councilman Nichols, and carried, • that Precise Plan of Design No,, 3929 Revision 19 be approved subject to the conditions of the Planning Commission. (Councilman Krieger voted ZONE CHANGE NO, 278 LOCATION- Northeast corner of C. C. Cheesebrough Holt and Grand between HELD OVER Holt and San Bernardino Freeway. Request to reclassify from Zone R-A to Zone C-1 and R-3 or R-4 denied by Planning Commission Resolution No, 1513. Appealed by applicant on December 26, 1963, and at applicant°s request hearing held over to this date. City Clerks Mr.o Flotten- We have a letter dated May 6 signed by Graham A. Ritchie directed to the City Council requesting that this matter be held over. Councilman Kriegera I would like to call the Council°s attention to the discussion we had two weeks ago when the same request was made with reference to a calendar item. I will comment that Mr. Ritchie has • certainly given this Council more advance notice of his request for • a continuance than we received with reference to the prior item bud notwithstanding this fact I. for ones would be of a mind to do one of two things on thisfl.either to ask the applicant to withdraw his, application or to proceed to hear the matter on its merits this evening. The reason I take this position is.thiso We have a Planning Commission in this City; this matter was.before the. Planning .Commission as recently as December of 1963 at which time they denied the zone change based on the evidence then.before them...This appeal was then lodged and tonight's hearing was requested by the applicant,. This is the time and place for the hearing,and I assume we have citizens of our eommunity'who are here this evening to talk on this very matter. If the request is predicated upon a traffic study then it is going to be upon evidence that the Planning Commission did not have before them nor the benefit of when they originally passed on this matter. I understand this traffic study was ordered in February and will not be available under any circumstances for a period of six months. I would be of a mind to either proceed on this matter or ask the applicant to withdraw his application with the right,, of course, to refile it at any subsequent date before the Planning Comuhis8ion, Councilman Heath- The Planning Commission heard this in December and the request for a study was initiated in February after the Planning Commission had acted on this. I think that if we are concerned about the fact that.the Planning Commission did not have all the facts before them, I think it would only be fztting;to send it backto-the, Planning Commission and tell them to hold it until after the: study, is made. To file these applications cost money and any time we can help a man save additional expenses, I'am in favor of it. _10- Ca C, 5/11/64 'ZONE CHANGE NO, 278 ® Continued Page Eleven Councilman Krieger-, You bring up a new point, which Commission which, to my mind, we is referral back to the Planning presently don°t have before us, Councilman Heath-, I believe this is within our prerogative, City Attorneys Mr, Williams-, In a sense you cangt revest Commission- it must remain here; jurisdiction to but you can postpone the Planning this hearing to a certain date and refer the matter to the Planning Commission for a report, Mayor Snyder-, Apparently this was held over in January, right or wrong, for, the same reason it is being asked to be held over tonight, Secondly; we have a statement that the traffic study will probably not be ready before August, Mr, Graham A, Ritchie-, We would be willing to pay the cost of publication for another hearing before this Council after the Planning Commission makes its report, 'I can't talk too well tonight as I have laryngitis, If you refer it,back to the Planning Commission you will have the benefit of their report based on their study when it is completed and if you are willing to do that we would pay for the republication at that • time, Councilman Nichols-, I would like the record to show my concern with a condition that has come before the Council twice wherein an applicant has requested a hearing before this body and then after the notices have been circulated to the people in the area concerned the applicant comes again before the Council and requests a continuance of the hearing and this is a matter of concern to me because in each instance we, in effect; ask everyone from the concerned neighborhood to come out and they have no way of being notified of a cancellation or postpone- ment of a hearing, Although it is certainly for the convenience and perhaps in all truth properly so for the benefit of the property owner who is seeking a change, it does work a hardship on the public and I would hope that the Council would give consideration to some procedural matter whereby we might be able to assure applicants that once notices have been given of hearings that this body might not be as receptive to continuation of hearings except under very extenuating circumstances, Councilman Heath-, I think you have a good point, The applicant here wrote a letter in January and said he wanted to postpone this after the study was completed; after May, expecting that the report would be done in May, Motion by Councilman Heath® seconded by Councilman Jett, to refer this case to the Planning Commission with a copy of the Victor Gruen report when available for their report to the City Council before the continued hearing of October 13, and that continuance is subject to the consent of the applicant to pay for any and all renotifications that the Planning Department feels advisable to'inform the opponents, either by mail; advertisement, et cetera,. • • C, C, 5/11/64 Page Twelve ZONE CHANGE NO, 278 m Continued Councilman Nichols-, I feel very strongly that once a Planning Commission recom- mendation is made to the City Council that there is an obligation for the Council to act one way or the other on that recommendation and that if new evidence is to be forthcoming at some time which purportedly might change the climate in respect to the applicant's wishes, that that change in climate should then be followed by a new application, not that the existing application should be carried on and on, Action on Councilman Heath's motion-, Motion failed on roll call as follows-, Ayes-, Councilmen Heath, Jett Noes-, Councilmen Krieger, Nichols, Mayor Snyder Absent.- None Councilman Krieger-, Move that the Council continue Zone Change No, 278 to Monday, May 25, 1964, Councilman Nichols-, Are there others present who could speak in your behalf or would you wish that this be continued to the 25th? Mr, Graham A, Ritchie.- Councilman Jett-, Mr, C, C, Cheesebrough.- Councilman Jett. - Mr, Co C. Cheesebrough.- Action on Councilman Krieger's motion-, and passed on roll call as follows-, I would like it continued, Is Mr, Cheesebrough here? Yes, Would you like to have this continued to May 25th? Yes. Seconded by Councilman Nichols, Ayes.- Councilmen Jett, Krieger, Nichols' Heath, Mayor Snyder Noes-, None Absent.- None ZONE CHANGE N0, 298 LOCATION.- East side of Citrus Clifford R, Wilson 8 Walter Fuesler between Walnut Creek DENIED Channel and Vanderhoof. Request to reclassify from Zone R-A to Zone R®3 denied by Planning Commission Resolution No, 1581, Appealed by applicant on April 24, 1964, City Clerk, Mr, Flotten.- (Read Planning Commission Resolution No, 1581,) Mayor Snyder-, This is the time and place for the public hearing, -12- • i C,, C,, 5/11/64 ZONE CHANGE N0,, 298 d Continued IN FAVOR Mr,, Walter Fuesler 1920 Serrento Drive West Covina Page Thirteen (Stepped to map and explained same.)- This would be a continuation of a project we have in mind and would be used principally for a recreational area for apartments. This is our precise plan. The whole project will be enhanced by the addition of this triangle. IN OPPOSITION Mra Mel Burkman This move to have this additional 3005 Mesa Drive property zoned R-3 is a continu- ous process of encroachment or infiltration of one of the finest residential areas in the City. This is not good for the City Zoning is supposed to be based on need,, There definitely is no need for apartment zoning in this area. There is much zoning already there for apartments that is completely undeveloped. I am against this zone change. Mr, Herald I pretty much agree with the 3306 Holt Avenue' objections stated before and agree that the Planning Com- mission has stated it very properly for this particular area. This steady encroachment upon the Highlands, which is a good residential area, I believe has to be stopped from further spread. Mr. John McCormick I would like to state my 421 Manington Place opposition to the further West Covina encroachment as already has been stated with the additional emphasis that with the already large area zoned R-3 and not yet developed, that this indicates that there is no need for additional development in this particular area of apartments. Furthermore, Mesa School serving these future dwellings is already overcrowded and we are going to have to be adding not only additional school rooms to this particular school but additional schools closer -to the. freeway,, It seems to me that the developers of this City are not interested in the welfare of their community but in feathering their own nests,, If the continued development of family units, particularly of the apartment type continue, we will have nothing but a City which will be very ripe for decline in living standards and the eventual slum clearance problems that other suburban areas in this valley already have,, Mr,, Howard Joseph I feel the previous men have 2652 Vanderhoof Drive stated the case very clearly and the Planning Commission's report, I thought, was very good. I am speaking for a number of people on Vanderhoof Street, To my knowledge, no one has been notified of this proposed rezoning,, City Clerk, Mr,, Flottena The notice of this public hearing appeared in -the West Covina Tribune on April 30, and there were nine notices mailed on April 29 to those in the area. -13® • n C,, C,, 5/11/64 ZONE CHANGE NO,, 298 - Continued Page Fourteen° Mr,, Donald Grueger They mentioned that the triangle 2807 Mesa Drive affords a nice park area for West Covina the apartments and that the play area would not bother the apartment dwellers but failed to mention that the neighbors would get that noise instead of the apartments,, Most of'the people backing up to this property have horses,, Approval of this development would be detrimental to these people because part of the value of their homes will drop,, REBUTTAL Mr,, Walter Fuesler- The triangle is given over mostly to landscaping and recreational area,, Recreation would be of a nature that would produce only a very small fraction of the noise now produced by rodeos and ball games in the area south of there. This property is divided more or less naturally by a wash,, This doesn°t mean to continue encorachment because it is a triangle that is physically bounded,, There being no further public testimony, the hearing was closed,, Councilman Heath: Mr,, Walter Fuesler- Councilman Heath; Mr,, Walter Fuesler- Councilman Krieger - Planning Director, Mr,, Joseph - What is the area of the part zoned R-3 at the present time? Approximately three acres,, The area of this parcel is roughly one acre,, How many units are you planning on that one acre? We have 14 units planned,, In the front there were 54 units,, Mr. Joseph, as I understand it our R®3 presently allows up to 25 units per acre? Yes,, Councilman Krieger; Mr,, Fuesler indicates he has one acre here,, Although we don't have a precise plan it is contemplated that 14 units will be built on that one acre,, Councilman Nichols - Is there any access to that triangle by any route except through the presently zoned Rm3? Planning Director, Mr,, Joseph- There is no formal road into the area at all,, It would be contemplated that if a precise plan was approved in this location here that at that time the City would be faced with the consideration of providing some kind of future street in accordance with the approved block study although there is no precise plan before us,, -14- Ca C. 5/11/64 Page Fifteen ZONE CHANGE NO, 298 ® Continued • Mayor Snyder: Can that filled old wash be built on?, Public Services Director,`Mr, Adams., I don't know what kind of compaction went into that area. I cannot answer definitely until we have a chance to look at it. Mayor Snyder., In matters of zoning density where we are increasing density, are the schools contacted as to their ability to handle the increased population? Planning Director, Mr,, Joseph., Yes. Councilman Heath. This piece of property is between the wash and the present Ridge Riders, the baseball diamond and park. It is one acre in size. If it was developed R-lo and I don't see how it could be, you would have about five units. I have to believe the man when he says he will put in 14 units. We are only talking of nine more residences in the areas I don't think this can be developed R-1 satisfactorily. I question the block study sincerely. That property belongs to the Valencia Heights Water Company and they have wells on it. I don't think the piece of property will ever develop within the time we can see and as a result we leave a piece of property there with nothing on it. I can't see where it can be used for R®1. Councilman Krieger., In commenting on this appli- cation, I would have to base my decision upon the merits of the zone change as we don't have the precise plan before us. There is no necessity that we would ever have the precise plan before us and plus taking into account what a change of this type would entitle the applicant to. I don't think the consideration of the Council should be predicated about what the acreage involved is but what the usage involved is. If this zone change is approved, development up to 25 units per acre would be permissible, I don't believe we are justified in comparing what they may accommodate in an R-I 'development as to what a proposed precise plan would accommodate. Our decision should be based on what the zoning would permit. Even taking into consideration developing one acre tract for 14 units means that the balance of the property will be devoted to recreational purposes, notwithstanding the fact that it has to accommodate carports, a street development and on the merits of the even proposed utilization I can't conceive how the development will, in facto take on a recreational aspect. Mayor Snyder: Although I can see the reasoning behind Mr..Fuesler's application I also agree that if we were to add much more Rm3'here we would have a very difficult time keeping this whole valley from going R®3. The General Plan shows this to be Rml; it can be developed as R®1. I agree that at this time I couldn't approve R®3 on this parcel. Councilman Nichols: It would seem to me that it would not be beneficial to any Rm3 development fronting on Citrus Avenue to leave that triangle lying undeveloped and unused even if it is zoned R-1 and perhaps a developer of that property even if it were R-1 would see fit to develop it as somewhat of a one -acre park to accoarmnodi e the rather high density three -acre development in front of it. I would concur with the comments made by Councilman Krieger and Mayor Snyder. ®15m Cc Cc 5/11/64 Page Sixteen ZONE CHANGE NOa 298 Continued • Councilman Heath-, I am not in favor of zoning the entire area in R-3. I think that this is about the extent you could possibly go with R-3 in the areas Just because the other R-3 in the area has not been developed, this means that we are saying that this man is not permitted the use of his land because Mr,, Smith across the street has not developed,, I don't think that argument is valid,, What one man does with his property should not hamstring another man who would like to develop his property,, C oun il:m ;i Kr egos. _ .. If we are going to take into consideration the existing zoning as justification.for the extension that we should also take into consideration the other R-3 in the City,, Councilman Jett-, This is a shut-in piece of property and if it was allowed a slight increase in density where we could be sure of getting the recreational facilities they are proposing,.I think that this might be a good use for that piece of property,, Is R-2 an included use in R-3? City Attorney, Mr,, Williams-, It is an included use so you could grant R-2,, • Mayor Snyder; The increase in density at all • is going to lend further strength to the argument to make that whole valley multiple,, Councilman Krieger-, I assume what the applicant has in mind is R-3, not R-2 and we should judge it on the merits of the application,, Motion by Councilman Nichols, seconded by Councilman Krieger, that Zone Change No,, 298 be denied,, Motion passed on roll call as follows-, Ayes- Councilmen Krieger, Nichols, Mayor Snyder Noes-, Councilmen Jett, Heath Absents None PLANNING COMMISSION, METES & BOUNDS LOCATION-, 3041 Los Cerillos. SUBDIVISION NO, 135-225 Drive Ter it , Inc o DENIED 1,,435 Acres - 2 Lots m A.D. IV Approved by Planning Commission on May 6, 1964,, City Clerk, Mr,, Flottens (Read recommended conditions of the Planning Commission,,) We have a letter directed to the Mayor re this matter in opposition from Walter F,, Maxwell,, Councilman Heath-, This means there will be a 100-foot long driveway to service the second lot, • • Co Co 5/11/64 METES & BOUNDS SUBDIVISION NO. 135-225 - Continued. - Mr. Joseph. - Page Seventeen It will be a minimum of' 20 feet wide to handle Fire Department equipment. Councilman Heath: Any time when you divide a .lot looking like a balloon at the end of a 20-fo6t wide driveway, it cannot be policed because it' -is' so far back from the road the police can't see it. The maintenance of the driveway is always a problem, Councilman Jett: This has the appearance of being a solution to a problem - piece of property and they have intensified the problem by creating a long drive out to the street. Only the one lot would be touching the street and the other would be coming off an easement. This is certainly exaggerated planning in that area. Mayor Snyder: Did the Engineering Department approve this? Mr. Joseph: ides. Mr. Klein was at the Plan- ning Commission meeting and -the letter from Mr. Maxwell was presented to the Commission. The appli- cant's engineer and Mr. Klein discussed this for the benefit of the Planning Commission. It has also met the requirements of the Fire Department and the Police Department. The conditions you see before you are the conditions submitted by the Fire Department prior to the hearing before the Planning Commission. All, the considerations as out- lined in the letter from Mr. Maxwell were considered by Mr. Klein prior to the Planning Commission meeting and generally discussed at the Plan- ning Commission meeting, I have been advised that Mr. Maxwell owns the property directly to the south but that should easily appear on the owners` statement because we have a letter stating what owners are immediately contiguous to the subject property. Councilman Heath: I feel if we start this here, we will spread this everywhere else. If there is one thing I am opposed to it is a flag lot, Mayor Snyder: Does this meet all the requirements of a hillside lot in Area District IV? Mr. Joseph: Yes, and we have found that Mr. Maxwell owns property on both sides of this subdivision. Councilman Nichols: Can you tell us who was responsible for the general subdivision develop- ment in that area which left this parcel as 1.4 acres in that particular shape? Mr, Joseph: Mr. Maxwell. -17- C, Ca 5/11/64 Page Eighteen METES 6 BOUNDS SUBDIVISION NO. 135-225 m Continued • Motion by Councilman Heath, seconded by Councilman Jett, that Metes and Bounds Subdivision.Noo 135-225 be denied on the basis that it is creating two flag lots which would be a detriment to the area and would not be readily serviced by police or fire. Motion passed on roll call as follows.- Ayes.- Councilmen Jett, Nichols, Heath, Mayor Snyder Noes, Councilman Krieger Absent, None METES 6 BOUNDS SUBDIVISION NO, 135-226 LOCATION.- Northeast corner of Harold and Dorothy Miller Valinda and Merced. APPROVED 1 Acre m 4 Lots m A,D. II Approved by Planning Com- mission on May 6, 1964, City Clerk, Mr, Flotten.- (Read recommended conditions of the Planning Commission.) Councilman Heath.- I agree that this is a problem property. I think it should be eliminated but the point of discussion is who should pay for the paving and I feel we should abide by our past policies, to require • the paving. City Attorney, Mr. Williams.- Except that where there is a dedication. There is not a tremendous amount of dedication here but where the property owner puts in the curb, gutter and sidewalk and dedicates, it is the policy of the City to pave the street. Here there is some dedication. This is a matter that could fall under either policy you want it to fall under. Mayor Snyder.- It seems to me that we would be inconsistent if we didn't do this. We can require him to pay for the paving on approval of this metes and bounds. Councilman Jett.- I think we should be consistent. As far as I can remember we have required street improvements on subdivisions. Motion by Councilman Heath, seconded .by Councilman Jett, that Metes and Bounds Subdivision No, 135-226 be approved subject to the conditions recommended by the Planning Commission and in addition that the property owner- be required to pave the street area, Motion passed on roll call as follows.- 6 Ayes.- Councilmen Jett, Noes; None Absent-. None Krieger, Nichols, Heath, Mayor Snyder Cc Cc 5/11/64 'PLANNING COMMISSION - Continued RECOMMENDATION REGARDING COUNTY PLANNING COMMISSION AMENDMENT TO STREET AND HIGHWAYS NOc 537 City Clerk, Mr, Flotten-, Page Nineteen (Read memo dated May 110 1964 directed to the City Council from the City Manager re this matter,) City Managerg Mr, Aiassa° All you have to do is direct the Mayor to write similar letters confirming the stand we took before, Mayor Snyder-, of those people along Citrus that create traffic on their street, Planning Director, Mr, Joseph-, There is one consideration here and that is the concern such a straight alignment would This is a general alignment, Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that a letter be written for the Mayor's signature confirming the City's position in this matter, Councilman Heath-, If you use that alignment you are putting in a terrific • grade, I would like the staff to check on that, I think the Fire Department should be contacted to find out if their trucks are built to take the grade that would result from a straight line alignment, Public Services Director, Mr, Adamso CITY CLERK'S REPORTS (Continued) RESOLUTION NOo 2923 ADOPTED We will check this out, The City Clerk presented-, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO, 385 IN SAID CITY" Mayor Snyder-, Hearing no objections'. we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Krieger, that said resolution be adopted. Motion passed on roll call as follows-, Ayes-, Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes- None Absent-, None Said resolution was given No, 2923, _19 10 i L C, Cc 5/11/64 RECREATION 8 PARKS Page Twenty City Manager, Mr,, Aiassa.* We have a report from the Com- mission. They would like to recommend to combine the three first stages and give them enough money to-do one project. This is�something you might want to discuss in your joint meeting that is being arranged. . Councilman Heathy I think this is where it should be discussed. City Manager, Mr, Aiassa.* I would like to recommend that the action on the budget be held up to your joint meeting with the Parks and Recreation Commission at which time they can elaborate in detail. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the action on the budget be to the joint meeting with the Parks and Recreation Commission at'which time they will elaborate on the budget items in detail. City Managers Mr. Aiassa; The Parks and Recreation Coma any time with you. Mayor Snyder.* GENERAL MATTERS ORAL COMMUNICATIONS None mission is willing to meet When can you meet with them? WRITTEN COMMUNICATIONS ZONE CHANGE NO, 308 We will set it tentatively for the 19th at eight o'clock. City Clerks Mr, Flotten.* We received a letter from Graham A, Ritchie regarding Zone Change No, 308. This needs to be accepted. Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that the letter be accepted and placed on file, REQUESTED ORDINANCE CHANGE One -Day Sales City Clerk, Mr. Flotten.* We have a letter directed to the City regarding special sale events, et cetera, requesting to limit the term of special events to three days o-jce w� q_r a The letter is signed by T, R. Wild, Barker Ere ` :..�.»� r. _ A __ ,_F; .g M "VT i t is the request to Ca C, 5/11/64 Page Twenty -One REQUESTED ORDINANCE CHANGE ® Continued • hold a parking lot sale at Barker Brothers from June 25, 1964 to • June 27, 1964, Motion by Councilman Heaths seconded by Councilman Nichols, and carried, that this mat't'er be-r6ferred to the Chamber of Commerce for their recommendation, CITY ATTORNEY RESOLUTION The City Attorney presented - DENIED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING UNCLASSIFIED USE PERMIT NO, 8711 (John Aston - Foursquare Church) Mayor Snyder: Hearing no objections, we will waive further reading of the' body of the resolution, • Councilman Nichols: I have studied very carefully the Minutes of the prior iCouncil meetings and all the pertinent papers involved here. I have some questions about this matter, There was a hearing held before the Planning Commission and at that time the Planning Commission, as I recall, approved the use permit, following which the particular church group did in fact occupy the premises in question and they are presently holding services and have to some extent improved the premises, It is my understanding that pending an appeal this is a perfectly legal occupancy, is that correct? City Attorney, Mr, Williams: No, it isn't, but it is an unspoken policy that if a person applies for which he commenced illegally prior no action is taken until it is through. I don't think the permit was granted before the occupancy, Councilman Nichols: There is an illegal occupancy on those premises at the present time? City Attorney, Mr, Williams- Yes, Councilman Nichols: It would be my feeling that any group in our City should be required equally to conform to the laws and procedures of the City and I am a little bit disturbed to have other citizenry come to me during the last few days complaining of this occupancy and then find it is illegal and has been allowed to continue, City Attorney, Mr, Williams: The enforcement policy has been this: That the City will not on its own initiate criminal enforcement procedures while they have procedures underway which, if approved, would make it. legal. But, if any citizen wants to file a complaint we will accept it and start the proceedings, -21- Ca C. 5/11/64 Page Twenty -Two RESOLUTIGN (FOU 5VARE' CHURCH) m Continued . Councilman Nichols: The Minutes show that the basis • for complaint was the possibility of later interference with normally zoned uses in that area. Is it possible to grant a temporary use permit and attach such a condition to it as to terminate that use if that use in effect resulted in denial of the proper zoning or use in that zone by any other businesses? City Attorney, Mr. Williams: Do you mean would it be permissible to grant this with the conditions imposed by the Planning Commission with the further proviso that if the occupants ever take steps to deprive an existing use of its continuance that this permit thereupon will be terminated? Councilman Nichols: City Attorney, Mr, Williams: Yes. Yes, it would be legal to do that. Councilman Heath: The same night this hearing came before us there was also a hearing to permit a family billiard' parlor which the Council rejected as not being fitting for the area. Councilman Nichols: Unless the permit incorporated • the additional condition I mentioned, I could not go along with the granting of this. • City Attorney, Mr. Williams: The resolution before you would deny it. You can draw another resolution if you wish to grant it subject to these conditions and the case is still open and such a motion can be made. Councilman Jett: I do not feel that this is a compatable use in this area with the uses that are going in. I feel this would be creating a problem with the existing businesses by permitting this use to come into the area where it should not be permitted. I think there are much more desirable places for a church. Councilman Krieger: In reviewing the Minutes at which time the Council heard the proponents and the opponents, I read several -mentions made to the Alcoholic Beverage Control Board and I was wondering if there was any omission in the Minutes of discussion stating the position of the A.B.C. Board, City Manager, Mr,, Aiassa: 0 Councilman Jett: The A.B.C. Board would have nothing to say about the church. The opposition would come from the owners of the property. City Manager, Mr, Aiassa: They were implying that they were frightful that if you granted this they would be put in jeopardy.; Mayor Snyder.& If the vote -on this resolution is to deny, does this dispose of the -matter and preclude any further motion for a. new resolu.t.son? -22- Co CQ 5/11/64 RES'aLUT1ON FFOURS2LA,RE CH RC10 m Continued City Attorney, Mr(, Williams. - Yes,, Page Twenty -Three Motion by Councilman Heaths seconded by Councilman Jett, that said resolution be adopted(, Motion passed on roll call as followss Ayes., Councilmen -Jett, Nichols, Heath Noess Councilman Krieger, Mayor Snyder Absents None Councilman Nicholse City Attorney, Mr Williams-. On that basis can we now reinitiate this"? No, Councilman Nichols-. I ask to have my vote changed from "Aye" to "No",, I want to allow this church to remain where they are but I want to make sure that their remaining there:doesn't prejudice the occupancy of that area by any other business use that is currently allowed in there by that zoning,, Mayor Snyder-. The motion for adoption fails by a three to two vote,, City Attorney, Mr,, Williams-. You can make a motion to grant to the church an unclassified use permit subject to the conditions set forth in Planning Commission Resolution No,, 1555 and to the further condition, that if the holders of this permit shall take any steps to terminate or defeat any existing business in that neighborhood this Permit shall thereupon be terminated,, Councilman Nichols; That is exactly what I had in mind,, Councilman Heaths You cannot control the action of the AoB,,C,, which has,a ruling stating that there shall be no liquor establishments within a certain distance of a church,, You are saying that this church will not protest any more applications but by the mere ruling of the Alcoholic Bevera4,e Commission it will be protested automatically,, Mayor,Snydera I am not so sure that is right(, Councilman Krieger-. It would be beneficial if we. had such evidence before us but it seems to me it is based on hearsay and surmise as to what position the A,BoCq would take before use City Attorney, Mr,, Williams., I think this might prohibit any additional liquor establishments from coming in but I think it would have no bearing on those that presently exist,, City Manager, Mr, ,Aiassa-. Suppose we file a copy of this resolution with the A,,BoCo and tell them that this is the action of our legislative bodyo Would that have'a bearing? City Attorneye'Mr(, Williams.- I think the best.thing is to do nothing unless you are asked, _23— Co C, 5/11/614 Page Twenty -Four RESOLUTION (FOURSQUARE CHURCH) m Continued i RESOLUTION NOQ 2924 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING UNCLASSIFIED USE PERMIT NO, 87" (John Aston m Foursquare) Church) Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Krieger, seconded by Councilman Nichols, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Krieger, Nichols, Mayor Snyder Noes: Councilmen Jett, Heath Absent: None Said resolution was given No. 2924 Mr, John To Aston: I called the State and they told me they would have no interference with these men's licenses whatsoever, those that are presently existing. Councilman Jett: In the event of the change or a new one it coulds isn't that right? Mr. John T, Aston: He didnet say anything about that, Councilman Krieger: I think we should have first- hand evidence on the position of these boards rather than second-hand evidence brought in by proponents or opponents, RESOLUTION NO, 2925 ADOPTED Mayor Snyder-, Counci�*4n Krieger: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFWEST COVINA DENYING A VARIANCE" (V 490% Osborne) Hearing no objections, we will waive further reading of the body of the resolution. I have read the Minutes involving this particular matter, Councilman Heath: I would hAVe to stretch a point awfully far io say that a church in that facility would be a better use than a family type billiard parlor, Mayor Snyder: The ordinance does not require that an unclassified use is not a better use, only that it is'not detrimental to the surrounding businesses. Under a variance, there are four different items that you have to show. -24_�' • C, Ca 5/11/64 Page Twenty -Five RESOLUTION NO, 2925 - Continued Motion by Councilman Krieger, seconded by Councilman Nichols, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Krieger, Nichols, Mayor Snyder Noeso Councilmen Jettg Heath Absent: None Said resolution was given No, 2925, ORDINANCE NO, 85, ADOPTED The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 293 - Citrus Commercial Properties) Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Krieger, that said ordinance be adopted, Motion passed on roll call as follows: Ayes,. Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes,. None Absent: None Said ordinance was given No, 85$, ORDINANCE N0, 853 ADOPTED The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO SANITARY SEWER CONSTRUCTION" Motion by Councilman Krieger, seconded by Councilman Nichols, and carriedg to waive further. reading of the body of the ordinance, Motion by Councilman Krieger, seconded by Councilman Nichols, that said ordinance be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said ordinance was given No, 853, -25- • co C11, 5l 11-116k1. CITx A3'TQRNEY m Continued ORDINANCE NO, 854 ADOPTED Page Twenty -Six The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF THE UNIFORM BUILDING CODE AS ADOPTED BY THE WEST COVINA MUNICIPAL CODE RELATING TO UNSAFE BUILDINGS" Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of.the.'ordinanceo Motion by Councilman Heath, seconded by Councilman Nichols, that said ordinance be adopted, Motion passed on roll, call as follows: Ayes: Councilmen Jet -to, Krieger, Nichols, Heath, Mayor Snyder Noes* None Absent: None Said ordinance was given No, 8540 RESOLUTION NOo 2928 ADOPTED Mayor Snyder: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL 6F THE CITY OF WEST C6VINA•ADOPTING AN AMENDMENT TO THE STREETS AND HIGHWAYS ELEMENT OF THE GENERAL PLAN OF THE CITY OF WEST COVINA RELATING TO TRUCK ROUTES" Hearing no objections, we will waive ''further reading of the body of the resolution, Motion by Councilman Krieger, secondadrby Councilman Nichols, that said resolution be adopted. Motion gassed on roll call as follows-. Ayes* Councilmen Jett, Krieger, Nichols; Heath, Mayor Snyder Noes* None Absent; None Said resolution was given No, 2916,, RESOLUTION NO, 2927 ADOPTED Mayor :5i yder : The City Attorney presented: "A RES4LUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DE YIN6 A REQUEST FOR A CHANGE OF ZONE" (ZC 292, James) Hearing no objections, we will waive further reading of .the body of the resolution, _L6- C. Co 5/11/64 Page Twenty -Seven RESOLUTION NO, 2927 - Continued Motion by Councilman Krieger, seconded by Councilman Nichols, that said resolution be adopted. Motion passed on roll call as follows- Ayes. Councilmen Krieger Nichols Mayor fl e y Snyder Noes; Councilman Jett, Heath Absent: None Said resolution was given No. 2927,, ORDINANCE INTRODUCTION The City Attorney presented - ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE TO INCREASE THE FEE FOR FILING AN APPLICATION FOR A VARIANCE" Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that said ordinance be introduced. (Councilman Jett voted "No",,) • Councilman Jett- I am against • g increasing the cost of filing for a variance or increasing our cost on any of these applications. Councilman Krieger- I believe the criticism is it was out of line when first adopted and by virtue of time spent in processing these this was to bring this into line,, ORDINANCE INTRODUCTION The City Attorney presented- "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO CHANGE THE NAME OF THE RESIDENTIAL -PROFESSIONAL ZONE TO THE RESTRICTED®PROFESSIONAL ZONE" Motion by Councilman Heath, seconded by Councilman Kriegers and carried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Krieger, and is carried, that said ordinance be introduced,, -27- i • • `J C, C, 5/11/64 CITY ATTORNEY ® Continued ORDINANCE INTRODUCTION Page Twenty -Eight The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 2959 Arthur Go Sherman) Motion by Councilman Heath, seconded by Councilman Nichols, and carriedg to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Krieger$ and carried, that said ordinance be introduced, CITY MANAGER REPORTS WATER REPORT City Manager; Mr,.Aiassa.- This case is coming up before the local.planning agency before the County. We are set up at eight o'clock on the 13th. We had a meeting today with representatives from the San Gabriel Water District, They are the proponents of this annexation and Mr, Tompkins will do the preliminary introduction of the background of the San Gabriel Valley Municipal Water District and the brief outline on the various independent cities in their organization, Dr, Wood will do the principal presentation and will explain the various reasons why West Covina will annex to the San Gabriel Municipal Water District and show conclusive evidence and reasons why West Covina. would be better off in their district than any other district, Leeds Hill and Jewett will outline the technical and professional aspect of the basic water report and their report substantiating that water from the State would be cheaper and so on, The presentation from West Covina will have to be prepared which I have in rough draft and Dr. Snyder volunteered to present it from the West Covina point of view,. Mr. Williams, myself, and Mr, Valentine will be available for any questions that might come up duringthe meeting, Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that Mayor Snyder, Mr, Aiassa and. Mr. Williams be directed to represent the City of West Covina at this water meeting, City Manager, Mr, Aiassa: The Upper San Gabriel Valley Association is going to have a meeting on Wednesday, the 13th at 6-.30 at Eaton's and I would like to send one of my staff members to see if there is anything new. Motion by Councilman Jett, seconded by Councilman Heath, to authorize a staff member to attend this meeting at Eaton's on the 13th with expenses paid, Motion passed on roll call as follows-. Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor,Snyder Noes: None Absent-. None -28® Co C, 5/11/64 'WATER REPORT - Continued Page Twenty -Nine City Managers Mr, Aiassa: We received a communication from Mr, Warne's office on Assembly Bill 170 Does the Council want to take any action on this? It is quite complicated,, The Resource Agency of the California Department of Water Resources wants to protest this,, (Read report re this matter,,) Councilman Jett: I think it would be a Rood idea to contact Flournoy on this bill to see if there is something in there that may be detrimental to us,, City Managers Mr,, Aiassa: I'll contact him by phone on this,, On the Azusa Valley Water Rate hearings Leeds, Hill and Jewett have made a report and you have received copies,, We have one more phase coming which is the study on the fire hydrants,, They have not used very much of' our appropriation,, The hearing will go to July 15,, We are going to request copies of the transcript and Staff's (P.U.C.) report because this is where we will find data we want to explore. City Attorneys Mr, Williams: I think what we mean by.review of their transcripts between now and the continued hearing on July 15 the staff of the P,U,C, will make its analysis and its report, I think it would be advantageous for Leeds�Hill and Jewett to try to obtain before the hearing on July 15 the staff's report and if it is adequately addressing itself to the things we are concerned with and taking care of theses we don't need to have much concern about it, If they are not,, then it may be that°Leds9Hill and Jewett should appear again and present those items that the staff has not covered. I think the staff will cover all the items we have raised,, City Manager, Mr, Aiassa- We will just continue on the same contract, I think we have enough money if we need it. I wanted you to be informed of this. Mr. Montgomery is willing to meet any time with us, When do you want to set up this meeting? Mayor Snyder: It will be the 27th at eight o°clock, City Managers Mr,, Aiassa- This is subject to Mr, Montgomery, I will affirm it and notify the Council,, STORM DRAIN (BADILLO) COOPERATIVE PLAN WITH COVINA (A map was presented and Mr, Aiassa gave a brief summary of the matter,) Councilman Jett- On the drain coming from the country clubs wouldn't it be possible to include that in this County -wide program? We will be accepting water from the County area, -29- Co CQ 5/11/64 Page Thirty 'STORM DRAIN (BADILL0=1 Continued Public Services Director,, Mr. Adams.- This will be a local drain. They had about four criteria for a regional drain,, one being that it would have to pass through two jurisdictions. Councilman Heath.- It does go through the County and West Covina,, City Manager,, Mr,, Aiassa.- We can follow up on this. Councilman Heath.- Approach them on the one at the east end of town and the one at Hollenbecko City Manager$ Mr, Aiassa-. We will work on this. MASTER PLAN OF STREETS FOR HILLSIDE AREAS City Manager$ Mr. Aiassa-. This was brought to the Council in April of 1963. They would like to develop topographical maps for hillside develop- ment and design. This should be placed on the joint meeting with • the Planning Commission and the,City Council. • Councilman Jett-. Would it be possible to make an overlay map so this topo would be visible and as each development comes in add it to that? Planning Director, Mr. Joseph - That is the whole purpose to it. Mayor Snyder.- We can put this on the joint meeting with the Planning Commission,, City Manager$ Mr,, Aiassa-. When do you want the meeting with the Planning Commission? Mayor.Snyder.- June lst at eight o'clock,, City.Manager$ Mr. Aiassa.- I'll notify them. CHAMBER OF COMMERCE CONTRACT City Manager,, Mr, Aiassa.- Mr, Nichols and Mr. Krieger met with the Chamber of Commerce. Councilman Krieger.- We met over lunch on Friday with President Gardner., Treasurer Carr and Chris Tambe of the Chamber. I assume the rest of the Council has their budget which this year is $19,,000.00. We asked for certain additional information. The major problem we had is with reference to the headquarter city concept; of the total budget of $19$000 they want to allocate $7$500 to that phase of their activity and we wanted a better breakdown so we would have a better and more thorough report before us. Some consideration -3m- Ca C, 5/11/64 Page Thirty -One CHAMBER OF COMMERCE CONTRACT ® Continued • was also given to perhaps dealing with the headquarter city concept development on a separate contract rather than in one lump contract such as is presently contemplated by the Chamber,, We are going to meet with them again on Friday over these very same questions,, This matter should be timely for presentation on the 25th, CLOSING OF BARBER SHOPS City Manager, Mr,, Aiassa: You wont have a meeting on the 18th and you scheduled this matter for that date, Do you want to carry it to the 25th? Mayor Snyder: Yes, PERSONNEL LETTER FROM PERSONNEL BOARD ON SATURDAY HOLIDAYS City Manager,.Mr, Aiassa: You have a letter regarding this matter from the Personnel • Board,. They want an extra day for Saturday holidays, • Councilman Heath: We established this policy about four years ago. It was established that if a holiday fell on Saturday they got Friday off and if it fell on Sunday they get Monday off, City Managers Mr, Aiassa: I think we just concluded that for Sunday and never settled the holiday on Saturday, I suggest we hold this for the 25th and I will research that, Councilman Heath: It was about five years ago, Mr, Pittenger was still on the Council, Councilman Nichols: I was present at the Personnel Board meeting and they seemed about as much confused as I was after I heard the discussion. I think checking back through the records would be advisible, PERSONNEL LETTER FROM EMPLOYEES ASSOCIATION ON CONSULTANT CONTRACT City Managers Mr, Aiassao At the request of the staff we asked the Employees Association how they felt about this extension of time and I would like to have this letter placed on file, dated May 5, Mayor Snyder: I All right,, -31- • s C, C, 5/11/64 CITY MANAGER REPORTS ® Continued PERSONNEL MR, FAUNCV S TERM OF OFFICE City Manager, Mr, Aiassa.- Page Thirty -Two Mra.Faunce's term of office is up on June 5, 1964. Mayor Snyder.- Mr,, Gleckman's term of office is coming up, too,, The Council should think about these and determine whether they want to reappoint these or consider other appointments,, CITY CLERK PROPOSED SOUTHERLY ANNEXATION DISTRICT NO, 27 TO THE CITY OF COVINA City Clerk$ Mr, Flotten.- This is for your information,, Councilman Heath.- I.don°t see how we can protest,, What is the interim zoning they are going to have on this? City Manager, Mr,, Aiassa.- They.are going to present this to the Planning Committee,, Lets hold this off to the 25th and give us time to look at this,, Mayor Snyder: Fine,, SPECIAL MEETING OF SHAREHOLDERS OF SUBURBAN WATER SYSTEMS ON MAY 209 1964 2:30 P,M,, DINNERHORN, 540 NORTH AZUSA AVENUE, COVINA City Clerk, Mr, Flotten.- TEMPORARY USE PERMIT OF JEWISH WAR VETERANS FOR THREE FIREWORKS STANDS This is just for your informa- tion,, City Clerk, Mr, Flotten.- This request is for.the same three locations they had last year, This will be from July lst to July 4th and should be subject to the Fire Marshall's approval and inspection by the City staff and the deposit of $75,00 for clean-up, Motion by Councilman Jett, seconded by Councilman Heaths and carried, that the temporary use permit of Jewish War Veterans for three fireworks stands be approved subject to the Fire Marshall's approval, inspection by the City staff, and the deposit of $75,00 for clean-up,, -32- • • cc c 5/11/64 CITY CLERK ® Continued BURGLARY PREVENTION WEEK Page Thirty -Three City Clerk, Mr, Flotteno We have a request from Chief Allen Sill to proclaim the week pf,May,7124 to May 30 as Burglary Prevention Week, Mayor Snyder: RESOLUTION NO, 2928 ADOPTED Mayor Snyder: If there are no objections, I will so proclaim, (There were none,) So proclaimed, The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING THE BOND OF THE AGRI(ULTURAL INSURANCE COMPANY INSURING THE CITY CLERK AND THE CITY TREASURER" Hearing no objections, we will waive further reading of the body of the resolution, City Clerks Mr, Flotten: Based on our performance, bond we have with this Agricultural Insurance Company: they gave a good price based on our experience rating, Usually bonds of this type cost $293009 this year both of them will run $1020Q, This is for the City Treasurer and the City Clerks Councilman Heath: I think the bond for the Treasurer should be increased, We are only bonded for $1.00,000, City Attorney, -Mr, Williams: I.think you can't change it to increase it except at the beginning of a term of office so you are about 30 days too late, Motion by Councilman Jett, seconded by Councilman Heath, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath:, Mayor Snyder Noes: None Absent: None Said resolution was given No, 2928, POPPY DAY City Clerk, Mr, Flotten: We have a request from the American Legion to proclaim May 28th and May 29th as Poppy Day, -33® i • • C. C. 5/11/64 POPPY DAY - Continued Mayor Snyder: 'CITY TREASURER None MAYOR'S REPORTS COUNCIL VACATIONS Page Thirty -Four If there are no objections I will so proclaim. (There were none.) So proclaimed. Mayor Snyder: I understand some of the Council are going to take extended vacations this summer. If you would turn in the time you will be gone to Mr. Flotten we can have an idea of when you will be gone. Councilman Heath: MAYOR'S GAVEL Mayor Snyder: Councilman Heath: Mayor Snyder: City Clerks Mr. Flotten: COUNCIL SECRETARY I will take the whole month of July. Has it been customary in the past to give the outgoing Mayor a gavel? Yes. Are there any objections to having Mr. Flotten prepare such a gavel for Mr. Barnes? (There were none.) I will take care of that. Mayor Snyder: As far as the Councilos secretary, perhaps this is my own fault bUt I find it difficult to supervise her or use her to very great extent and I am wondering if we shouldn't have a Council review of her function and perhaps come up with recommenda- tions for improving her function or either doing away with the position. This should be a personnel meeting, however. -34- • • • Co Co 5/11/64 COUNCIL SECRETARY m Continued Page Thirty -Five Councilman Heath: I think before you do that that the new Council should review the fact that she is available for writing letters and I don't know how you can hold your office without writing letters. I do know that when I was Mayor that this was the thing that I needed more than anything else because I was continually trying to get letters written. Even as a Councilman I use her quite a bit. Councilman Jett: I have noticed that our informa- tion for the meetings is in better order now. Councilman Krieger: I can only speak for the short period I have been on the Council and I haven't utilized her services. Perhaps what Councilman Heath is commenting on is -the services she may render the Mayor but the Mayor has indicated he doesn't find her indispensible. If there could be services of this type made available to the Council perhaps we could,dispense with a full-time employee of the Council. If we could we could also realize an appreciable savings. Councilman Heath: This position was created through necessity. You will find there are many places where she could be used and isn't being used, Mayor Snyder; I think we should be prepared to discuss this at a personnel session at the next Council meeting. Councilman Heath; She was to answer the phone and take complaints and relay messages. Councilman Krieger; We have a few months experience with her. Is there some way we can find out her services that were done during the last two months? Councilman Heath: When she is not working for the Council, she works for the City Clerk,, City Clerk, Mr. Flotten: Councilman Nichols: Councilman Krieger: Mayor Snyder: She is helping us out now. This is a bit of information I was not aware of at all. I assume her working log will reflect all these activities. We can have a personnel session starting at seven o'clock at the next meeting. -35- • • • • Co Ca 5/11/64 'MAYOR°S REPORTS ® Continued CHAMBER MUNICIPAL SEMINAR Mayor Snyder: Councilman Heath: SUBURBAN WATER MEETING Mayor Snyder: study meeting with us regarding the would be of any benefit to have such don°t say what they have in mind. Page Thirty -Six I have a note for a Chamber Municipal Seminar: What is that? That is contract cities in Palm Springs,, You have copies of the letter from Suburban requesting a water problem,, Do you feel this a meeting in June? They Councilman Jett: I think this is an effort to push M,,W,,D,, I think in view of the events taken place at.the present time both on the southwest State program, the Federal program, certainly justifies every step and every move we have made in the past because right now I think there is going to be a forced reduction of 10% of the amount of water M,,W,,D,, is going to receive,, Councilman Heath: Mayor Snyder: .COUNCIL COMMITTEE REPORTS GENERAL TELEPHONE MEETING I would like to see the Mayor contact them and see what they have in mind,, All right,, Councilman Heath- I had a meeting with the Public Utilities Commission in Los Angeles where they had the Assistant Vice President in charge of revenue from General Telephone,, I have a letter as a resume of the outcome of the meeting and I will send a copy to each of the Council members,, It says the General Telephone Company is making a study were they are going to make one of three proposals to the area and they won't be ready until July 31st,, One proposal will. make this Covina area and the Pomona area all one group so you can phone from one to the other without extra toll charges but it would mean a raise in monthly rates. We will just have to wait until July 31st to see what kind of report they send to P,,U,,C,, COVINA'S AGREEMENT WITH INSURANCE AGENTS Councilman Jett: The City of Covina has an agreement with the insurance agents who are directly involved in writing insurance for the City that they will turn over to the City all the Commission that is paid on these policies for a worthy project,, Ca Co 5/11/64 Page Thirty -Seven COVINA'S AGREEMENT WITH INSURANCE AGENTS Continued • Councilman Heathy I understand they only do this fot the school district, not for the City,, Councilman Jett; This isn't the way it was explained to me. Talk to Tex at Gentry~Insurance,, SMUT LITERATURE Councilman Nichols- We are faced with a problem in many suburban communities of the matter of smut literature,, I am not speaking of books in libraries, books in schools, or legitimate publications,, I am speaking of literature that none of you would be willing to sit and listen and hear it quoted aloud in this room and some of this literature and some of this material is not only available in West Covina but it is available at locations, business locations, and in positions where very young children have access to it,, Many communities have wrestled with this problem; some communities have made efforts to draft local legislature in their area and there is • at the present time, as I understand it, legal activities of opinions as to.what extent the State of California has preempted athis field,, The City of Lakewood has passed an ordinance dealing with this sort of problem,, There have been citizens of -West Covina who have been approached by Mr,, Williams and Mr,, Sill about this problem and I believe the response given locally was that the State had fairly well pre-empted the field but that the League of California Cities was looking into the problem,, Some City Attorneys felt differently about it and have presented briefs indicating that through the use of nuisance laws or other approaches there can be some means provided to exert local control in this area without imposing undue censorship,, I would hope that my colleagues on the Council being equally aware of the nature of the problem, would join with me in asking our City Attorney to delve into this legal area in greater depth and recommend to the Council what possible action we might be able to take at the City level to participate in growing efforts in California to place this problem under better control,, Mayor Snyder; It seems to me I read some- where where the Chamber of Commerce asked the merchants to voluntarily sign an affidavit agreeing not to display and sell this material,, Councilman Nichols- One of the positions, very frankly speaking, that I took during my effort to achieve election to this body was a promise to many fine and responsible people in the community that I would make efforts to bring this problem to the attention of. the City Council because I do feel in some area more leadership is needed,, I know bodies are always subjected to charges of censorship when efforts are made to even examine this problem but it is a real and great problem we are speaking about, both as a Councilman and a man, one -37- • • Co C, 5/11/64 'SMUT 'LITERATURE ® Continued Page Thirty -Eight who works with young people and I consider it a very serious problem and West Covina, to the best of my knowledge, is one of the areas more heavily subjected to an infiltration of this type of material than some of the surrounding areas, I would urge we begin to investigate the legal ways into this area, That is all I ask at this time, Mayor Snyder: The request for voluntary statements from merchants would not do away with the legal approach but obviously the legal approach is complicated by the fact of enforcement, We do have a State law; it is just a matter of inforcing it, City Attorney, Mr, Williams: It may not just be a matter of enforcement; there may be some area of City activity, Since this matter came up last and letters were written on it here in Los Angeles, Los Angeles has lost its latest attempt to regulate it. They have spent a great deal of effort on this and a great deal of litigation, The City of Los Angeles lost even its latest attempt to the Supreme Court, I think that case almost puts at rest any difference of opinion as to whether or not the State is pre-empted, iCouncilman Nichols: The Lakewood Ordinance is still • on the books and they are still enforcing it there, 'It has not been challenged in court, City Attorney, Mr, Williams: If you have an unconstitutional ordinance on the books and you enforce it you may get into more trouble, Councilman Nichols: Yes, I understand that, I would not be a party to implementing legislation which I knew would be unconstitutional if tried and attempting to uphold it on the basis that nobody would challenge it, I am making an effort to seek any possible efforts that we might explore in this area and I think your alternate suggestion would bear a great deal of merit and perhaps the Council doesnet care to explore this but I do feel obligated to bring my feelings to the Council as a representative of many people who urged me to do so upon my election, Councilman Jett: I would like to -see Mr, Nichols get whatever informa® nation he needs to pursue this, I think this is a very commendable thing. Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that Councilman Nichols be authorized to seek and work with the City.Attorney in an effort to determine any move or resolution that the City could pass to curtail smut literature in the City, Councilman Heath: Would you care to make a motion referring this also to the Chamber to see if they can work some sort of voluntary promise with the merchants? Councilman Krieger: It might be well to define what our legal rights are before we approach any group, C, Ca 5/11/64 Page Thirty -Nine SMUT LITERATURE --Continued Councilman Nichols: That is what my feeling was, I would like the City Attorney to explore the legal ramifications of this further, PLANNING COMMISSION MEETING Councilman Krieger: I attended the Planning Com- mission regular meeting last Wednesday. I will remind the Council there is a public hearing on Wednesday, May 13 at 7:30 at the Wescove School on the D,M,J,M, report, I imagine we can anticipate a large turnout, DEMANDS Motion by Councilman Krieger, seconded by Councilman Nichols, to approve demands totalling $559695,14 as listed on demand sheets B160 through B163 and C384, This total includes fund transfers of $30336,89, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None There being no further business, Motion by Councilman Jett, seconded by Councilman Heaths and carried, that this meeting be adjourned at 12:45 A,M, ATTEST: CITY CLERK APPROVED MAYOR ®.1q®