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06-08-1964 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA June 8, 1964 The regular meeting of the City Council was called to order by Mayor Snyder at 7:40 P.M. in the West Covina City Halle Councilman Jett led the Pledge of Allegiance. The invocation was given by Rev. Ray E. Miller of St. Timothy's Lutheran Church. RnT.T.• CAT.T. Present: Mayor Snyder, Councilmen Jett, Krieger, Nichols, Heath Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk & Administrative Assistant Mr. Harry Co Williams, City Attorney (from 7:45 P.M.) Mr. John Q. Adams, Public Services Director Mr. Harold Joseph, Planning Director (from 7:50 P.M.) APPROVAL OF MINUTES April 21, 1964 - Approved as presented as follows: Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the minutes of April 21, 1964 be approved as presented, (Councilmen Krieger and Nichols abstained from voting.) • CITY CLERK'S REPORTS TRACT NO. 28716 LOCATION: Northeast corner.of and Lark Ellen and ZONE VARIANCE. NO. 110 Puente Avenues. Accept Street Improvements The Brethren Home Missions Council Accept street and sidewalk APPROVED improvements and authorize release of American Automobile Insurance Co. bond No. S-465-9032 in the amount of $5,000.00. Staff recommends acceptance and release of bond. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept the street improvements in Tract No. 28716 and Zone Variance No. 110 and release the American Automobile Insurance Company bond No. S-465-9032 in the amount of $5,000.00. PRECISE PLAN C-3 LOCATION: South Garvey Avenue Accept Street Improvements east of Vincent Avenue Sunset Pools, Inc. APPROVED Accept street improvements (sidewalk and curb and gutter) and authorize release of Royal Exchange Assurance Company bond No. 304-907 in the amount of $750.00. Staff recommends acceptance and release of bond, (Mr, Williams entered the Chambers at 7:45 P.M.) -1- 4k C, C, 6/8/64 Page Two 'PRECISE PLAN C-3 - Continued • Motion by Councilman.Heath, seconded by Councilman Krieger, and carried, to accept the street improvements in the precise plan in.the C-3 area on Garvey Avenue east of Vincent and authorize release of Royal Exchange Assurance Company bond No, 304, 097 in the amount of $750,00. PROJECT N0, C-183 LOCATION: Workman Avenue - ACC£PT STREET IMPROVEMENTS Homerest to Fleetwell. D 8 W Paving, Inc, APPROVED Accept street improvements and authorize release of Ohio Casualty Insurance Co, performance bond No, 1120474 subject to notice of completion procedure. Staff recommends acceptance and release of bond, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept the street improvements in Project No, C-183 and authorize release of Ohio Casualty Insurance -Company performance bond No, 1120474 subject to notice of completion procedure, TRACT N0, 26017 RELEASE BOND FOR CONSTRUCTION • OF MANHOLE Ferned Corp, i APPROVED LOCATION: East end of Larkwood east of Lark Ellen, Authorize release of Aetna . Insurance Co, bond No. S-451-804 in the amount of $500.00, Staff recommends release of bond. Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to release bond for construction of manhole, Aetna Insurance Company bond No, S-451-804 in the amount of $500.00 for Tract No, 26017, TRACT N0, 27383 LOCATION; South end of Donna RELEASE OF CASH DEPOSIT Beth Avenue and Glen Brutoco Development Co, Alan Avenue, including APPROVED Heath Terrace, Street improvements were accepted on August 12, 1963, City retained $1,100.00 cash deposit for assurance of proper clean-up work, Staff recommends release of deposit. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to release the cash deposit in the amount of $1,100,00 for Tract No, 27383, PROJECT C-146 LOCATION: North side of Merced, APPROVE LAND ACQUISITION FOR east of Glendora, REALIGNMENT OF MERCED AVENUE Redtfeldt Approve basis for agreement to APPROVED purchase property needed for Merced extension, Authorize City Manager to open escrow, -2- • I C, C, 6/8/64 'PROJECT C-146 - Continued Page Three Motion by Councilman Heath, seconded by Councilman Krieger, to authorize the City Manager to open and close escrow for the purpose of acquiring the necessary right of way for the realignment of Merced Avenue (Project C-146) for the amount of'$975,00, Motion passed on roll call.as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None RESOLUTION NO, 2941 ADOPTED Mayor Snyder: 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, EXECUTED BY THE LOS ANGELES COUNTY FLOOD CONTROL ON APRIL 21, 19649 FOR BRIDGE RIGHT OF WAY AND STREET PURPOSES TO BE KNOWN AS CAMERON AVENUE" . 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, 2941, (Mr, Joseph entered the chambers at 7:50 P.M.) PLANNING COMMISSION None RECREATION 6 PARKS None GENERAL MATTERS ORAL COMMUNICATIONS None -3- Co Co 6/8/64 Page Four 'GENERAL MATTERS - Continued 0 '"WRITTEN COMMUNICATIONS EDGEWOOD PLAYERS, INC. City Clerk, Mr,, Flotten: I have a letter addressed to the City Council from the Edgewood Players, Inc. You have a copy of this. (Read said letter.) City Attorney, Mr. Williams: We are assuming that the Council would be sympathetic to this proposal. It would seem that a combination of two things might be necessary to permit this. The conditional use permit, precise plan and a variance would be required and would do the trick but they cant be heard and be final in time to permit the erection of the tent and perhaps the first performances. There is an ordinance, however, that permits up to seven days under a temporary basis. The temporary. basis pertains to the days of use, not to the existence of the structure. Mr. Joseph and I would therefore recommend that if we are right in the assumption that you will look favorably on this project that you declare.that in your judgement the..first two weeks which would be six days of use may be permitted under the ordinance that allows up to seven days of use as a temporary enterprise; that in the meantime the application be filed and processed and would be final in time to pick up where these first two weeks would leave off that can be permitted under the temporary use ordinance. • I understand the Edgewood Players' budget is $85.00:00. They look forward this summer session to provide their budget for them. Filing fees for a precise plan, variance, and unclassified use permit would be $175.00, which would be a rather substantial portion of their budget. If you are so disposed, you could initiate these proceedings on your own motion and save the filing fee. 1 Councilman Heath: This, no doubt, is in accord- ance with the regulation'of the ordinance; however, is there some way we can circumvent this procedure? City Attorney, Mr. Williams: I think there is but not in time to be of any comfort to this summer program. You could amend the ordinance relating to these temporary uses. By the time the ordinance would be effective it would be too late to start this. I am afraid this is the best answer we can come.up with for this summer. Councilman Heath: When we have these shows in the Eastland area for the Chevrolet Company, et cetera, are they limited to seven days? City Attorney, Mr, Williams: Yes. Councilman Heath: If it is in accordance with the thinking of the Council, I will make the motion. I think the Edgewood Players are doing an excellent job. They have much real talent. I would be of a frame. of mind that this is a definite asset to the community. 109 C; C.. 6/8/64 Page Five 'DGEWOOD PLAYERS, INC. Continued Councilman Nichols':,' Has there been a precedent • established whereby in the instance of a non-profit group the City in'itiates'action-in relation to a variance thereby saving the particular group the cost of filing for such.variance? City..Attorney9 Mr. Williams;: .I`can't recall an exact occasion when that occurred. I can only.say.that I believe it has occurred,. I, know.the City Council }iasinitiated proceedings from time to tim'e..for' various reasons;. I am reasonably certain that there have: .been occasions when it was:a community betterment.type of activity where the Council did initiate this.. Councilman Nichols: I only bring this up because of -the possibility that other groups who might'consider themselves equally meritorious and non- profit might in the future expect this.Council.to extend .the same .type of consideration, the waiving of filing fees; for variances, and I would be hard placed myself to deny others if I'had granted and participated in this action on..behalf of one group no matter how favorable this group was in my eyes. Jane Elder: Five years ago we did the show at Eastland in an.unfinished. building. The, show was produced for three weeks, we rehearsed in' • the building forr three weeks, and we did not get a precise plan and an unclassified use permit or a variance. We..came on a letter'to • the Council and the temporary ordinance was extended. .Mayor Snyder I don't see.any dangerous, precedent here. It is -.still up to the Council to decide the worth of the'selthings, Councilman Heath:The lady.said,at that 'time .the temporary use was extended. Is there a possibility of doing this at thi's'time? City Attorney, Mr.. -Williams: There is nothing in'the ' ordinance that I know of that provides for an extension. I don't recall what took place at that time, Motion by Councilman Heath, seconded by Councilman Jett,'to permit the Edgewood Players the ,temporary use permit to be'considered sufficient for the first six days of actual.use and that the Edge - wood Players be required to submit the necessary drawings, et cetera, for an unclassified, use permit, a variance, and a precise plan; and that the .City initiate these three applications. Motion passed on roll call as follows: Ayes: Councilmen Jett,.Krieger,.Nichols, Heath, Mayor Snyder Noes. None Absent::.,None.._. RESQLUT.I.ON NO-<` 2946 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA INITIATING PROCEEDINGS FOR A VARIANCE AND UNCLASSIFIED USE PERMIT AND PRECISE PLAN (Edgewood Players, Inc.) Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Jett, that.said resolu- tion be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None: -5- • • E C. C, 6/8/64 HEARINGS ZONE CHANGE NO, 303 Frank Bowker APPROVED Page Six LOCATION: Walnut Creek Parkway between Vincent and Glendora Avenues, Request to reclassify from Zone R-A to Zone C-3 approved by Planning Commission Resolution No, 1605, City Clerk, Mr, Flotteno There were 12 notices of this hearing mailed on May 27, 1964 and notice of this public hearing appeared in the West Covina Tribune on May 28, 1964, (Read Planning Commission Resolution No. 1605,) Mayor Snyder; This is the time and the place for the public hearing, There being no public testimony, the hearing was closed, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that Zone Change No, 303 be approved, ZONE CHANGE NO, 304 LOCATION: Southeast corner of Fairfield Homes, Inc, Glendora and Walnut APPROVED Creek Parkway between Walnut Creek Parkway and Walnut Creek Wash, Request to reclassify from Zone R-A to Zone C-1 approved by Planning Commission Resolution No, 1606, City Clerk, Mr, Flottene There were 19 notices of this hearing mailed on May 27, 1964 and notice of this public hearing appeared in the West Covina Tribune on May 28, 1964, (Read Planning Commission Resolution No, 1606,) Mayor Snyder: This is the time and place for the public hearing, There being no public testimony, the hearing was closed, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Zone Change No, 304 be approved, ZONE CHANGE N0, 305 LOCATION: 131 Orange between Taketsugu Tom Kawakimi Garvey and Pacific Ave, HELD OVER Request for reclassification from Zone R-A to Zone C-1 approved for R-3 by Planning Commission Resolution No, 1607, Appealed by applicant as to R-3 zoning, City Clerk, Mr, Flotten: There were 17 notices of this public hearing mailed out on May 27, 1964 and notice of this public hearing appeared in the West Covina Tribune on May 289 1964., (Read Planning Commission Resolution No, 1607,) Im • C, C, 6/8/64 'TONE CHANGE NO, 305 - Continued Mayor Snyder; IN FAVOR Page Seven This is the time and place for the public hearing,, Mr,. Taketsugu Tom Kawakami My brother isn't here and I 424 North Carvol have to contact him regarding West Covina this hearing, I would like to have this continued. I think two weeks would be sufficient, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the hearing on Zone Change No, 305 be continued to the next regular meeting of the City Council, (Councilman Nichols voted "No" I ) VARIANCE N0, 502 Michael Corley (Foodmaker Company) DENIED and PRECISE PLAN N0, 410 Michael Corley (Foodmaker Company) DENIED LOCATION° 1028 Glendora between Vine and Wescove, Request for non -conforming use in Zone C-1 and request for approval of Precise Plan for a drive-in restaurant in Zone C-1, denied by Planning Com- mission Resolutions 1597 and 15989'respectively,, Appealed by applicant on May 21, 1964,, City Clerk, Mr, Flottens There were 24 notices of this hearing mailed on May 27 and notice of this public hearing appeared in the West Covina Tribune on May 28, (Read Planning Commission Resolutions 1597 and 1598,,) Mayor Snyder: IN FAVOR Mr, LaGierc property on the market for six calls and 33 of these have been one was for a Hondo Agency and wanted to put a tire balancing Foodmaker and they have one of seen, There is a similar usage This is the time and place for the public hearing,, I represent the owners of the property, We have had the to seven months and we have had 37 for this specific type of restaurant, one was for a Garage and Firestone thing there. We have checked on the finest reputations that we have next.to Von's, Mr. Michael Corley The Planning Commission's Representing Foodmaker decision of this matter cited - 9631 Chantilly the D,M,J,M, report calling for Anaheim additional office buildings on Glendora. After two public hearings.on the D,M,J,M, report their specific recommendation for this parcel was for it to remain C-1, which permits restaurants, tea rooms, cafes, with on -sale liquor. We are not asking for a drive-in restaurant; we are asking for a drive -through restaurant, -7- C, C, 6/8/64 Page Eight VARIANCE NO', '502 8 PRECISE PLAN NO, 410 - Continued • One criteria for a zone variance is where the property is being denied a substantial property right, There is an existent Tastee Freeze restaurant next door; there is an A 6 W drive-in root beer stand on the shopping center to the north. The second criteria is that the welfare of the public and surrounding property owners will not be materially damaged by this variance, I would like to offer in evidence these letters for you gentlemen, (Presented documents to City Council,) I am proposing a family convenience food service for West Covina that is enjoyed, accepted and proven in 40 communities in Southern California, This is not a franchise; this is a company operation and we are in a position to guarantee the quality, cleanliness and orderly maintenance of the establishment, IN OPPOSITION Mrs, Winnent We are the owners of the Tastee 639 South Evanwood Freeze on South Glendorao` In West Covina a drive -through restaurant such as they are proposing it seems to me it would create a traffic hazard in front of our place because they are backing up to • go into this type of business and would hinder people coming in and out of our place of business. Our store has been there for ten or eleven years, Mr, Chuck Dowding My only concern about this 1605 Belmont application would be in its West Covina relation to the recent study made on Glendora Avenue, The West Covina Homeowners Federation endorses unanimously the findings of the Planning Commission in connection with this study and would disapprove with any non -conforming uses outside the recom- mendations of the Planning Commission, City Clerk, Mr, Flotten: I have a letter dated June 8, 1964 directed to the City Council in protest to this variance and precise plan. The letter is from Clifford S, Thyberg, There being no further public testimony, the hearing was closed, Councilman Krieger: The applicant has called our attention to the A 6 W. Would the City Attorney or any member of the staff have any knowledge as to what authority they are there? Planning Director, Mr, Joseph: The the A 8 W went in prior to 1960 ordinance amendment stating that drive-ins were not permissive in the C-1 zone, Councilman Krieger: Would you distinguish in any way between a drive -through and a drive-in restaurant? WE S Co Co 6/8/64 Page Nine VARIANCE NO. 502 & PRECISE PLAN N0, 410 - Continued City Attorney, Mr, Williams: I think the term drive-in restaurant would encompass both in the intent of our ordinance. There might be a distinction if you wish to impose it. Assuming you wanted to grant such an application but restricted to the drive -through type as distinguished to the drive-in type, I think it would be possible to make this distinction and grant the variance, . Councilman Krieger: City Attorney, Mr, Williams: Councilman Krieger: If the applicant's position is correct, City Attorney, Mr, Williams: Mayor Snyder: I would infer from that that the City Attorney does feel that this would require variance? I think the applicant must feel that way, too; they have filed for one., Otherwise I would think he would not need to obtain a variance, he need not obtain a variance, The ordinance permits restaurants except drive-in restaurants, Is this so-called drive - through restaurant classified as a drive-in restaurant? Planning Director, Mr, Joseph: The Commission has said that restaurants are permitted in C-1 provided that the applicant would go out to a hand-out window and be handed the food when there was no consolidation of automotive traffic or transportation to and from the building, That was the most refined interpretation the Commission has ever given and this was on Love's Barbeque Restaurant, Mayor Snyder: This doesn't necessitate driving the car up to the window, is that true? Mr, Michael Corely: Yes, it does: I applied for the variance at the advice of the Planning Department, Planning Director, Mr, Joseph: I believe that is correct, Councilman Heath: If I follow the gist of the conversation, it would be quite cumbersome to try to differentiate between a drive-in and walk -up -to -the -window and a drive -your -car -through, City Attorney, Mr, Williams: I believe we have another provision of the ordinance and I think it applies here, which states that a business must be entirely conducted within a building unless it is a drive-in or . service station or this type of use. It would seem to me that if it is not to be conducted entirely within the building, with the customers on outside and the one serving on the inside, that we had this problem before us on some milk dispensing proposal and it was deemed then that that type of use was not considered to be conducted mom • I C, C, 6/8/64 Page Ten 'VARIANCE NO, 502 8 PRECISE PLAN NO, 410 Continued entirely within a building. I would assume the same decision would have to fall here which would require a variance if that is true, Councilman Heath: Regardless of the outcome of this case I think we need clarification in our ordinance regarding these services, City Attorney, Mr, Williams I think there is room for ambiguity the way it is worded. Mayor Snyder: They have indicated as a matter of precedent the milk place which was similar. I think we do have a precedent establishing which is which. Although there is some question about the ordinance, it still is very clear in the staff's mind which is which, Councilman Krieger: I think it is more a matter of semantics than anything else. The effect is people drive up to this establishment in cars for food and they eat food in cars. Whether it is a waitress that brings the food to the car or whether they are directly served into the car to me is not a matter of substance; it is a matter of form, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Variance No, 502 be denied, Councilman Heath: I feel it would create a traffic problem where traffic would back up in the street and I wouldn't want that to happen on Glendora Avenue, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Precise Plan of Design No,,410 be denied, CITY ATTORNEY ORDINANCE NO, 859 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING SECTION 2117 OF THE WEST COVINA MUNICIPAL CODE RELATING TO VOTING BY THE CITY COUNCILMEN" 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, 859, -10- • C, C, 6/8/64 CITY ATTORNEY - Continued ORDINANCE NO, 860 ADOPTED Page Eleven 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 2969 Sindell 8 Kreedman) Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Nichols, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Nichols, Heath Noes: Councilman Krieger, Mayor Snyder Absent: None Said ordinance was given No, 860, ORDINANCE NO, 861 ADOPTED The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 2332 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE COMPENSA- TION OF THE PLANNING COMMISSION" 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, 861, ORDINANCE N0, 862 ADOPTED The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE BY THE ADDITION THERETO OF A NEW SECTION 2322,1 RELATING TO THE COMPENSATION OF THE RECREATION AND PARKS COMMISSION" Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance, -11- • C, C. 6/8/64 'ORDINANCE NO, 862 - Continued Page Twelve 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, 862, ORDINANCE NO. 863 ADOPTED The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE BY THE ADDITION THERETO OF A NEW SECTION 2403.1 RELATING TO THE COMPENSATION OF THE PERSONNEL BOARD" 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 Heath, 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. 863. RESOLUTION NO, 2942 ADOPTED Mayor Snyder: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DETERMINING AND DECLARING THAT A CERTAIN STRUCTURE IS AN UNSAFE BUILDING AND A PUBLIC NUISANCE AND THAT THE SAME SHOULD BE ABATED" (Ruppert) 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, Heath, Mayor, Snyder Noes: None Absent: None Abstained: Councilman Jett Said resolution was given No. 2942. -12- • C, Ca 6/8/64 'CITY ATTORNEY - Continued ORDINANCE INTRODUCTION Page Thirteen 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 284, Merry) Mayor Snyder: Possibly it might be better to put at least one row of R-1 along the back. I have talked to the applicant regarding this. He has no objection to this. I do feel that this would be more in keeping with what the Planning Commission has come up with in their recommendation for this land. This does not harm this property and it does do more to protect the R-1 in the rear. It seems to me another row of R-1 with a street between that and the R-3 would be better, Councilman Heath: I think that is a justifiable request, Councilman Nichols: What is the total depth of this parcel from Glendora to the rear of the R-1 parcels that front on St, Malo? Planning Director$ Mr, Joseph: Approximately 780 feet, Councilman Nichols: I was not present at the Council meeting where the voting majority on the Council voted to instruct the City Attorney to prepare this particular ordinance, Therefore, I would like to speak to this issue tonight before the Council does vote on this matter, In my view, this City at the present time has excessive R-3 zoning, both from the standpoint of the ability of this City to provide services and from the standpoint of demonstrated need. I could not in my good conscience justify voting in favor of any ordinance that would develop that parcel even substantially in the majority for R-3 usage and L feel that leaving a remaining row of R-1 on the rear of this property would still constitute major R-3 use through the bulk of it. I would feel that I could support only a R-3 zoning that would limit that usage to a portion fronting on Glendora Avenue, some 150 or 200 feet with the remainder being scaled down to R-1 usage on back to St, Malo, Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance, Councilman Heath: If there is a change in this to put R-1 on the back of this property, this should not be introduced, City Attorney, Mr, Williams: It could be amended and then introduced, Motion by Councilman Heath, seconded by Councilman Jett, that the ordinance be amended to include the words "except the westerly 135 feet which will be zoned R-1", -13- • • Ce Co 6/8/64 ORDINANCE INTRODUCTION - Continued Page fourteen Councilman Krieger: It is proper to make an amend- ment to an amendment and I would make a further amendment at this time that the R-3 zoning be restricted to the first 205 feet west of the street of Glendora, Councilman Nichols: I will second the amendment to the amendment, Action on the motion of the amendment to the amendment (as proposed by Councilman Krieger): Motion failed, (Ayes -- Councilmen Krieger and Nichols; Noes -- Councilmen Jett, Heath, and Mayor Snyder,) Action on the motion of the amendment (as proposed by Councilman Heath): Motion carried, (Ayes -- Councilmen Jett, Heath, Mayor Snyder; Noes Councilmen Krieger, Nichols,) Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance as amended. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the amended ordinance be introduced, (Councilmen Krieger and Nichols voted "No",) ORDINANCE INTRODUCTION 0 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 299 - Hepner) 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, 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 REZONE CERTAIN PREMISES" (ZC 300 - Croaff ) 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, -14- i Co C, 6/8/64 CITY ATTORNEY - Continued RESOLUTION NO, 2943 ADOPTED Mayor Snyder: Page Fifteen The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING THE COUNTY OF LOS ANGELES TO IMPROVE THAT PORTION OF BADILLO STREET LYING WITHIN THE UNINCORPORATED AREA OF THE COUNTY" 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, 2943, RESOLUTION NO, 2944 ADOPTED Mayor Snyder: The City Attorney presented: "A RESOLUTION-OF.THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING A SIGN VARIANCE" (V 499 - South Shore Co,) 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 Jett, Heath, Mayor Snyder Noes: Councilmen Krieger, Nichols Absent: None Said resolution was given No, 2944, RESOLUTION NO, 2945 ADOPTED Mayor Snyder: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A REQUEST FOR A CHANGE OF ZONE" (ZC 278 - Cheeseborough) Hearing no objections, we will waive further reading of the body of the resolution, -15- 0 Co Co 6/8/64 RESOLUTION NO, -2945 - Continued Page Sixteen 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, 2945, RESOLUTION HELD OVER The City Attorney presented "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ESTABLISHING A HUMAN RELATIONS COMMISSION" Councilman Heath: I feel the people of this City should know what is in this resolution, I have no quarrel with this whatsoever, I feel there should be a commission, My opinion was against the fact that it was at the City Council level rather than the ministerial group level, There has evidently been some concern in the City and I feel that before this is passed that the contents of this resolution should be let known to the people of the City, Councilman Krieger: Taking cognizance of the fact that certain of the Councilmen have had the opportunity first this evening to receive copies or to read the resolution, I think this should be held over, Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this resolution be received and tabled until the next regular meeting of the City Council, (Councilman Nichols voted "No",) CITY MANAGER REPORTS WATER MEETING City Manager, Mr, Aiassa: We have a meeting with the local agency formation commission of the County on our annexation for our water district to the San Gabriel Valley Municipal Water District and it is at ten o'clock on June 10, It is not going to be a hearing but they have suggested that we have representation there, particularly the City Attorney, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to authorize the City Attorney and the City Manager to be present at the meeting of the local agency formation commission on Wednesday morning, June 10, at 10:00 A,M, on behalf of the City, -16- C, C, 6/8/64 'CITY MANAGER REPORTS Continued 0 CIVIC CENTER AUDITORIUM Page Seventeen Stanford Research Institute Report City Manager, Mr, Aiassa: I have had an opportunity to discuss our application with H,H,F,A, representatives, The program has been held up on the regional auditorium versus civic auditorium and the condition now required is we must proceed in finalizing the total study and with the report from Neptune and Thomas in about 14 weeks, It was recommended by H,H,F,A, that we amend our present contract and delete the auditorium and cultural center with the provision that we immediately formulate another application to ask for the same funds but under a separate application becausethey can only give us a 90-day extension and we•canet do it. The architect feels that the civic auditorium if it is to be a part of it will have to effect the development, We made a physical survey with other cities with auditoriums comparable to regional and we find that the figures they show are rather high, We should make provisions for an exhibition hall, We want to amend the existing contract to delete the auditorium and the cultural center so we can go through our H,H,F,A, funds within the 90-day period and we will then come back and put in another application for the cultural center and the auditorium, All I need is approval from the Council to formulate this letter and direct it to H,H,F,A, and they will proceed and send us the necessary forms to be completed. Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, that the City Manager be authorized to formulate a letter as outlined in the discussion above and direct it to H,H,F,A, (Councilman Jett voted "No",) City Manager, Mr, Aiassa: At the request of the Council we met with the developer of the theaters in the round and we made a study and we are submitting it to the Council for your information, We might be able to utilize this in our cultural center, The Council is invited to view this and the developer would be more than happy to take you on a tour, I have talked to Mr, Kopp, the manager at Southern California Laboratories of Stanford Research Institute and I proposed to him that if we went for a feasibility study that he would probably set his cost on a per diem basis of himself and he would utilize some of our personnel to do some of the physical survey and this would keep the cost down considerably. I specifically had him break down his proposal to the Council on this basis, If there is a feasibility and potential then you would have to have the economics to substantiate the size. The cost on Phase 1 is $79300, but there will be a provision therein, Councilman Heath: We realize there should be some kind of an auditorium in our civic center, I feel since we are a headquarter city we should figure on nothing less than a regional auditorium and plan on such. I was opposed to spending $7,500 for a study because of the fact that the auditorium no doubt would be the last part of our civic center to develop and as I brought out last time, this civic center is going to cost about six or seven million dollars to build, all of which monies are going to have to be accumulated from a bond -17- Co C, 6/6/64 ChVI'C CENTER AUDITORIUM - Continued Page Eighteen issue, To think that the people of West Covina are going for a six or seven million dollar bond issue over a short period of time is poor judgment, It looks to me if we might be able to float a bond issue for a new police facility, city hall, et cetera, and run out of bonding or acceptance of bond by the people which means we may have to wait as much as four, five, six, seven, eight years before we can approach the people of the City to let us go to bond to build this auditorium, If this be the case, any money that we put into a feasibility study at this time would be wasted because the report six or eight years from now would be useless. I think we should proceed as of the large auditorium, When we start to think about construction and bonding for the construction then I think a feasibility study is advisable and will tell us whether or not we should go ahead, Councilman Nichols: What is your concept of the large auditorium as compared to the municipal? Councilman Heath: I would envision :6' civic auditorium around 19500 seats; on the other hand, I would picture a regional of something around 31000 or 3,500 seats, Councilman Nichols: Do you know that some of the concepts presently being presented in terms of.a regional auditorium are talking in terms Mof 20,000 to 249000 seating capacity? Motion by Councilman Krieger, seconded by Mayor Snyder, that the City Manager and the Mayor be authorized to enter into a contract with Stanford Research Institute for Phase 1 of their proposal not to exceed the.total of $7,300.00. Councilman Jett: Is this a budgeted item? City Manager, Mr, Aiassa: This will be in our 164-65 budget, Councilman Jett: We would be spending this money prior to our budget? City Manager, Mr, Aiassa: It wouldn't become effective until July 1st, We have to prepare the contract, get the documents and bring it back, You are directing me to proceed with the contract, Councilman Jett: I hesitate to spend money knowing that you are not ready to implement the program that you are proposing to spend the money for, Councilman Nichols: If a feasibility study were undertaken now, Phase 1, would its validity be diminished through the passage of time in any given length of time or is this to be a generalized study of what such an auditorium would do for the City and what its content would be, what its capacity would be, what types of services would come? What are we dealing with here in specifics that would limit this by the passage of four or five years? s C, C. 6/8/64 Page Nineteen 'CI'VI'C 'CENTER AUDITORIUM Continued • Mayor Snyder: I am not thinking of anything five years away. I feel this should be started if feasible -as soon as the feasibility study is finished, City Manager$ Mr, Aiassa: The whole criteria, question-4s are we or.aton Q t. we 1 going ...to , .build a regional auditorium. If this area will not support a regional auditorium,if you need a regional auditorium then we had better start planning our auditorium design now because you are not going to have sufficient area space for parking and structures, If it says you are not going to need a regional auditorium, then we can proceed on our civic auditorium and maintain the level we are now proposing to go, Councilman Heath: I feel if we think anything less than five years we are putting this ahead of our new City Hall and police facilities. I don't think it should take preference over a new City Hall, Mayor Snyder: The last Council directed me to explore the problem of an auditorium and I didn't get the impression at that time that they were thinking of anything eight years ahead. When they made that motion they at least implied to me that they were thinking of it very soon, I know in the discussions with Mr. Bonelli, one of the first things he said we had to have before he could discuss it any further was a feasibility study, Councilman Krieger: This Council is not going to build a municipal auditorium or a regional auditorium sitting in the Council Chambers discussing this matter. If we are going to be interested in a program such as this we need information on the various factors and it is incon- ceivable to me how with the best of intentions we can arrive at any kind of a conclusion, intelligent decision on whether we can or cannot support a regional auditorium without having this study implemented. I don't think it is relative to the question as to whether this auditorium is fives six or seven years off. It will remain in the future unless we begin to take some steps in the direction of accomplishing this goal, I think this would give us an idea as to the extent of the problem in front of us and perhaps it would instill in us some momentum to move ahead on this project, Action on Councilman Krieger's motion: Motion passed on roll call as follows: Ayes: Councilmen Krieger, Nichols, Mayor Snyder Noes: Councilmen Jett, Heath Absent: None >19- Ll 0 fe C, C, 6/8/64 Page Twenty 'CITY MANAGER REPORTS - Continued RESOLUTION ON CONDEMNATION Fire Station No 2 Allsopp Property City Managers Mr, Aiassa: We have not completed a portion of this that we thought would be ready so we will hold this off until the meeting of the 22nd, RENOVATIONS TO CITY OWNED PROPERTY (Schornagle) City Managers Mr, Aiassa: We have someone living in the civic center and Mrs. Schornagle has a life tenure and there is nothing that would require the City to pay for some of the things she has asked for. I would like to take a little bit of liberty to do everything possible to keep her satisfied in minor repairs. She has been light in her demands but once in a while she comes in with difficult things. I have not the authority or the power to do this, Councilman Heath: Is this a gift of public funds? Do we have to maintain this? City Attorneys Mro Williams: I don't think I can answer it without more information,, It sounds to me as if the City has no right of possession until she dies; therefore, it would seem to me it would not be proper to spend any City money on the property at all. She is not the tenant; she has the right of possession and we don't have, Our right is suspended, City Manager, Mr, Aiassa: I will so inform her, GRADE QUESTION FOR FIRE TRUCKS City Manager, Mr, Aiassa: I have submitted a report from Chief Wetherbee regarding this matter, If there are any questions, I will try to answer them; otherwise, I would like to have this accepted and placed on file, Councilman Heath: Could you give me not a formal report, but a report on the percent of ar.ade that was in the specifications on the engine with the Waukashaw and when it was given its test? I believe -it was put on a 4% grade, City Managers Mr, Aiassa: I'll check that out for you, REPAIR WORK AFTER SIDEWALK INSTALLATIONS (Hedges property) City Managers Mr, Aiassa: We don't have the right of way and the sidewalks stop right in front of this property. This is at 914 South Lark Ellen, We have -20- • • C, C, 6/8/64 Page Twenty -One 'REPAIR WORK AFTER SIDEWALK INSTALLATIONS - Continued a report from Robert S. Gingrich dated May 27, 1964 re this matter that I would like spread in full in the Minutes: "The Park Section has checked the work that would be involved in preparing the easement at the above address for sidewalk installation. The following is an estimate of the man hours and cost of materials involved in moving the fence, irrigation lines and plant materials back of the future property line. "1. Transplanting 40' of California Privet Hedge 20 hrs. "2. Revising irrigation system 8 hrs. "3, Moving 105' of fencing and an 18' gate 16 hrs, "4. Transplanting a mixture of shrubs and small trees 4 hrs. "Total Man Hours 48 hrs. "Miscellaneous costs (fence fittings, cement, pipe fittings - estimate $20.00. "In addition to the above materials that would have to be moved there are annuals planted which cannot be transplanted and would be lost in the moving process." City Manager, Mr. Aiassa: She is willing to transfer the right of way on the condition we transplant the hedge and revise her small irrigational system and move some 105 feet of fencing and an 18'foot gate. We are talking about maybe $215.00 total. Motion by Councilman Heath, seconded by Councilman Nichols, that the City forces be authorized to spend a maximum of $250.00 to transplant bushes, et cetera, so that sidewalks can be installed at 914 South Lark Ellen with the provision that the proper right of way be dedicated to the City for sidewalks; that this be done in accordance with the report from the Director of Recreation and Parks, dated May 27, 1964. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None WATER RECLAMATION MAINTENANCE AND OPERATIONS COSTS City Manager, Mr, Aiassa: (Read report re this matter,) Councilman Krieger: We have copies of this letter and it assumes something that is not true and that is that we are a member city and we will not be unless there is authorization and we will not be a member city unless there is an election and if it is adopted by the electorate. I can't see where this particular matter is opportune. -21- • • C, Co 6/8/64 Page Twenty -Two WATER RECLAMATION MAINTENANCE AND OPERATIONS COSTS - Continued City Attorney' Mr, Williams: Councilman Heath: certain amount of water from the State City Attorney, Mr, Williams: We have no water system so how are we going to.buy water? What right has the City Council got to commit itself for a program? That is true. I don't think it will be any problem to dispose of water in 1972, Councilman Jett: The citizens of West Covina are going to have to pay for the water one way or another, They can do it through taxes or they can do it through their water bills, If this was left alone I am sure there would be an adjudication that would determine that the water suppliers would have to purchase this water whether they get it from M,W,D, or whatever; they would pass this cost to the residents of West.Covina through their water bills, In my studies and interpretation and my thinking of this, my recommendation was based on the fact that we go one way.or the other and by signing a contract with the State for the 10,000 acre feet we now have guaranteed the people of West Covina at least 10,000 acre feet of water for the futurea This present program is what is being discussed now, the reclaimed water, I can't help but feel that we took a step forward by signing this contract and assuring the future citizens as well as the present citizens of West Covina that they will receive their share of water, City Manager, Mr, Aiassa: I am referring this to the Council that at some time somebody will pick this letter up and ask why the Council wasn't told about it and I would like to have the record show this is the letter from the San Gabriel Valley Municipal Water District dated May S. 1964 to West Covina regarding supplemental water. If we annex to the district we have a different problem, If we don't, we may have to buy supplemental water. I don't recommend any action tonight. I just wanted the letter- received, Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, that the said letter be received, PRIVATE PARKING LOTS City Manager, Mr, Aiassa: We have made.a physical survey . and the conditions on some of our major shopping areas are something quite disasterous, We probably have no legal right to make them conform except we might be able to get to them at the precise plan level. We have had numerous complaints and a lot of the merchants who are lessees of the property have complained and have asked the City to intercede, Councilman Heath: I think they should be repaired but I would like to hear the City Attorney's interpretation of how we can rule on private property, -22- • • • C, C, 6/8/64 Page Twenty -Three PRIVATE PARKING LOTS - Continued City Attorney, Mr, Williams: The zoning ordinance says that every use in the City must have parking off street which shall consist of so many spaces, the spaces shall be such and such dimensions, and they shall be maintained in such and such condition, That ordinance can be just as violated by not maintaining the spaces as by having the space that doesn't meet the dimensions or by not having enough spaces. Some of these were built prior to this ordinance, Councilman Heath: Do you think we should try to approach this from the staff level? Councilman Krieger: This may be more appropriate to leave it to the City Manager and the City Attorney except in those areas that may have a retroactive application. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, to direct the City Manager and the City Attorney to proceed on these unsafe areas and see what can be done legally, MASTER PLAN OF TREES FOR COMMERCIAL AREAS City Manager, Mr, Aiassa: Councilman Heath: (Read report re this matter.) This report was given to us tonight. I think we should have a chance to read it, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this matter be tabled to the next regular meeting of the Council, GOLD-THOMPSON PROGRESS REPORT City Manager, Mr, Aiassa: I would like to give you copies of this report, I have a letter from the Employees' Association dated June S. 1964 re this matter, (Read said letter,) We also had a meeting with the Personnel Board and the consultant has not completed his physical survey, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this report be received and tabled to the next meeting of the Council and that it be referred to the City Manager, the Personnel Board and the Employees' Association, PERSONNEL DISABILITY INJURY (Anderson) City Manager, Mr, Aiassa: This is for your information only, I am submitting copies of the report on the status of this, -23- 11 • Cb C, 6/8/64 'PERSONNEL Continued PERSONNEL DISABILITY PAYMENT (Odle) City.Manager, Mr, Aiassa: 1964, That is for everything, off the payroll, SCHOOL DISTRICT REQUESTS SIDEWALK INSTALLATION Cameron School Page Twenty -Four He received a final settlement of $12,500 issued on May 11, This case is all resolved and he is City Manager, Mr, Aiassa; You have received a copy of a letter from the school district re this matter, (Read said letter,) This would come around in front of the Teen -Kan -Teen, The park area goes right beyond, Councilman Nichols: It would be my observation that under normal .circumstances it would be very difficult to vary the setback on sidewalks for a given parcel of land but in this particular case the entire block down to the parking area for the City park is school district property that fronts on school property and a continuous alignment could be achieved at the curbline without disrupting the sidewalk pattern on normal installation so I would not see any problem from my own viewpoint that this couldn't be implemented in the sidewalk program without any difficulty and I would be glad to have our Public Services Director comment on my observation of that, City Manager, Mr, Aiassa: We would like to study this design as we have just received it. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this matter be referred to the Director of Public Services for study, SCHOOL DISTRICT REQUESTS STREET LIGHTS (South side of Alwood easterly from Willow Avenue) City Manager, Mr, Aiassa: (Read report re this matter,) Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, that this matter be referred to the Director of Public Services for study, PLANNING COMMISSION APPOINTMENT Mayor Snyder: I would like to announce that Mr. Gleckman is appointed to a full term on the Planning Commission with the approval of the Council, -24- • 0 • i C. C. 6/8/64 Page Twenty -Five PLANNING COMMISSION APPOINTMENT - Continued Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Mayor's appointment of Mr. Gleckman to a full term. on the Planning Commission be approved. (Councilman Jett voted "No".) Councilman Jett: The former members of this Council know how I feel about political appointments on any of our commissions. I have been very vocal in this. I do not believe in political appointments. I can't help but feel that this is strictly and definitely a political appointment and that is the reason for my voting "No". Councilman Nichols: I would like to respond because I would respectfully take issue with you, Councilman Jett, that I do not feel that my vote to uphold that appointment is a political vote on my own part. In fact, I have taken this vote because I have examined Mr. Gleckman's record and find that his record on the Planning Commission during the brief tenure that I have had on this City Council has been most exemplary and I would be remiss in my duty if I did not vote to offer him support and encouragement and thanks and urge him to accept such an appoint- ment for a full term. PERSONNEL BOARD APPOINTMENT Mayor Snyder: session and I would suggest we prior to our budget session. City Manager, Mr. Aiassas I would like to hold up this appointment for a personnel could do this on Wednesday night Fine. Councilman Heath; I would urge you, Mr. Mayor, to be sure or endeavor to have a full Council at any personnel discussion because this is very important to each Councilman. Mayor Snyder: PERSONNEL BOARD JOINT MEETING Mayor Snyder; City Manager, Mr..Aiassas TEEN KAN TEEN JOINT MEETING I would agree. We are meeting with them on Tuesday, June 23rd. Fine. That will be at 7:30 P.M. City Manager, Mr. Aiassa: They are talking about a meeting at 7:00 P.M. at the youth center site and the Council is to look at the Teen Kan Teen building and structure. -25- Ca C, .6/8/64 Page Twenty -Six TEEN KAN'TEEN JOINT MEETING - Continued • Mayor Snyder: Mr, Gingrich and members of the • Park and Recreation Commission suggested that the City Council might benefit by this meeting with. th-e Teen Kan Teen Foundation at the site about a half hour prior to one of our other meetings, Councilman Krieger: What is the date of the meeting with the Parks and Recreation Commission, We could do that the evening we have our joint meeting with them, Mayor Snyder: It is June 18, We can meet at seven o'clock with the Teen Kan Teen Foundation at the building, City Manager, Mr, Aiassa: Fine, SLIGHT MODIFICATION N0, 24 City Manager, Mr, Aiassa: You have received copies of these Minutes, • Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the Minutes of Slight Modification No, 24 be accepted and approved, • TRAFFIC COMMITTEE OF MAY 81 1964 City Manager, Mr, Aiassa: These are the Minutes of the Traffic Committee of May 8, Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that the Minutes of the Traffic Committee of May 89 1964 be accepted and approved, GENERAL SERVICE CONTRACT WITH THE COUNTY OF LOS ANGELES City Manager, Mr, Aiassa: This runs for five years and there is no cost or prices specified but it is just a procedure according to State law, I need a motion authorizing the contract signed. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Mayor and the City Clerk be authorized to sign the General. -Service Contract with the County of Los Angeles for another five years, -26- COCO 6/8/64 Page Twenty -Seven 'CITY MANAGER REPORTS - Continued VICTOR GRUEN CONTRACT SCity Manager, Mr, Aiassa: You have received a copy of a letter from Victor Gruen regarding their contract. (Read said letter;) I still would like to use, them to appear with the Division of Highways but we will have to pay them for this time. Are there any objections? Councilman Heath: City Manager, Mr, Aiassa: Councilman Krieger: I would object, You have authorized me that they be allowed to attend. Is this a statement from the Gruen people for this service? City Manager, Mr, Aiassa: Yes, I was under the impression they were going to cover one or two meetings with the State under their contract but it Was never a part of the contract, Now I would like authorization from the Council to continue to use this Service for at.least two more meetings with the Division of Highways, The purpose is for them to explain their stand on their report, • Councilman Jett:, Haven't they beep working with the State on all of these plans? • City Manager, Mr, Aiassa: They did on the Vincent Avenue Interchange where we specifically instructed them to do so in our contract, Councilman Jett: I understood they discussed all of these phases, City Manager,.Mr, Aiassa: They discussed the overall design and pattern, Right now we are in the intricate details of the design, Councilman Jett: I can't.help'but feel that their usefulness is over, I think the staff could do a better job now not only presenting but getting concessions for the City over and above what Victor Gruen would be able to, Councilman Heath: .,I have felt that the report Victor Gruen gave us was useless, I am convinced that we could send our Director of Public Works and he could do everything we need, Councilman Krieger: Apparently the staff feels they can be benefited by the presence of the Gruen people and I would tend to think that they are in the best position to know whether or not this is the best for the City, Mayor Snyder: of the report that the report will lose I feel without them there to at least explain their part some of its effectiveness, -27- • • • • C, Ca 6/8/64 Page Twenty -Eight VICTOR GRUEN CONTRACT Continued Councilman Nichols: I feel obligated to go along with this because the City has spent a lot of money and the City Manager has indicated he feels the need of the Gruen people, I think it is a little ridiculous to pay a substantial sum of money to an outside consulting firm whose total experience would indicate that It will be called upon again and again to support what it is doing and then have to pay every time you need to call on these men for an hour or.two or three to explain something for which they have already charged us, I would like to go on record as hoping that this Council in the future when we authorize the expenditure of large sums of City money will be able to anticipate or require that the person signing the contract with the City anticipate his additional charges for any cooperating services, I hate for a report to.�be charged once against the City and then to have the City be charged again and again as these people of necessity must be called back. Motion by Councilman Krieger, seconded by Councilman Nichols, that the City Manager be authorized to obtain the services of Victor Gruen and Associates to meet with the Division of Highways for consultation for a sum not to exceed $375.00. Motion passed on roll call as follows: Ayes: Councilmen Noes: Councilmen Absent: None CITY CLERK Krieger, Nichols, Mayor Snyder Jett, Heath SAN GABRIEL VALLEY HUMANE SOCIETY RENEWAL OF CONTRACT City Clerk, Mr, Flotten: You have copies of this report. We do this on a year-to-year basis under the same conditions as the previous contract, We receive 20% of their receipts, Mrs, Osborne: I don't think we should have to drive all the way to the San Gabriel when the County Pound is right over here, Councilman Krieger: I would like a comparison between the County Pound and the one at San Gabriel, Councilman Heath: It has been the policy of the past Councils that when there was a choice between private enterprise and the County that this service be given to the private enterprise, There was a strong feeling along this line, that the County was building up into too many services and as a result that is why we have stayed with the Humane Society in San Gabriel, I think the service has been good, City Clerk, Mr, Flotten: (Read report and correspondence re this matter,) s Cc Co 6/8/64 Page Twenty -Nine SAN GABRIEL VALLEY HUMANE SOCIETY CONTRACT - Continued • City Attorneyq Mr, Williams: If you are going to make a • change, you think about making it in 1965 but not making it in 1964. Mayor Snyder: I have one question regarding this problem of the skunk in the garage which your group refused to come out and take care ofo Miss Joan Coleman: I am manager and director of the San Gabriel Humane Society.. It isn't always possible to move a whole garage full of litter. One man cannot spend three hours rearranging a garage to find a civet kitten° Even though you do have a truck in your area all day long, it is not feasible for us to rearrange every garage to find a civet kitten, City Clerk, Mr, Flotten:. I think it is too late to try to switch to the County now, It takes them a little time to get organized, At this time I would recommend that we stay with the San Gabriel Humane Society, This is on a year-to-year basis and the contract can be cancelled on a 30-day basis, Motion by Councilman Krieger, seconded by Councilman Nichols, and • carried, that the City enter into a contract for the ensuing year with the San Gabriel Valley Humane Society on the basis of the past • contract and that the staff prepare and submit to the Council during the month of July a comparison between the services that could be rendered us by the County as compared to the San Gabriel Valley Humane Society, REQUEST OF WALSH-FORKERT CIVIL ENGINEERS FOR RECONSIDERATION OF COUNCIL ACTION ON METES 8 BOUNDS SUBDIVISION NO, 135-225. City Clerk, Mr, Flotten: The Council has copies of the letter written to us regarding this matter, .. Councilman Heath- This is the.lot split.I opposed because it represented two flag lots, Since then I have seen the particular lots. They are of separate elevations on the side of a hill overlooking a golf course and it certainly is wide open. My objection to flag lots is the fact it cannot be policed or serviced, However, this is against the golf course and is easily visible. I would change my opinion on this particular request and I would be in favor of it. City Attorney, Mr. Williams: I think this can be recon- sidered by a motion, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Metes and Bounds Subdivision No. 135-225 be reconsidered, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that Metes and Bounds Subdivision No, 135-225 be approved subject to the recommendations of the Planning Commission. -29- C, Ca 6/8/64 Page Thirty CITY CLERK ® Continued • METES 6 BOUNDS SUBDIVISION NO,, 135-226 . Harold Miller City Clerk! Mr. Flotten: We have a letter from Mr. Miller regarding this matter. You have copies of this. This is regarding the necessary street improve- ments. (Read said letter.) This is at Merced and Valinda. City Manager$ Mra Aiassa; You conditioned his approval that he pay for all his improvements. That is our standard practice. He made his appli- cation for the curb and gutter deal prior to doing this, The total improvement estimated to be around $3,600.00. Councilman Krieger: Inasmuch as he can't meet the conditions there is nothing we have to do. City Managers Mr. Aiassa: Unless you want us to re- negotiate,, Perhaps we can take a portion of the street improvement. Councilman Jett: I don't see how we could give public funds for this • kind of thing. Councilman Heath: Our policy in the past was when they subdivided they have to improve the streets. Councilman Nichols: I would like to only mention one pertinent fact, that the piece of property we are discussing is immediately adjacent to one of the public schools where the sidewalk terminates at that point. It is an area of major drainage problem for the City and an area of substantial pedestrian hazard, and perhaps it might be considered in the public interest if we looked at this in a little different light rather than completely turning it off. I realize what motivates our thinking and my vote was the same as the remainder of the Council before but I would only leave you with the thought that it may go for an indefinite period of time with a very hazardous traffic situation at that corner which we might have the opportunity to alleviate if we were to at least leave this issue open perhaps a little way. City Manager, Mr. Aiassa: Can we add this to our public works tour? Councilman Jett: I know this corner quite well because at one time I had proposed cutting this up and dividing it as this gentleman proposes. I am sure there are builders who would buy that piece of property at a fair price and put in all the street improvements. If he is unable to do it and he wants to move on it he has no problem.. Mayor Snyder: I don't see how we could do this. Motion by Councilman Jett, seconded by Councilman Krieger, and carried, to direct the City Clerk to notify Mr. Miller that the Council stands on its last position regarding this matter. -30- • • i C, C, 6/8/64 CITY CLERK Continued APPLICATION FOR OFF -SALE BEER AND WTNE'LICENSE OF:JOHNALLEVATO, ROMA MARKET" 969'.SOUTH GLENDORA AVENUE City Clerk, Mr, Flotteno Page Thirty -One The Police Chief has no objections, Councilman Heath: I would like to point out to the Council the number of establishments in the immediate vicinity and have the Council refresh their memory of the applications that have come before us where the Chief of Police did object, many of them with less places of such business nearby than this, I go along with the Chief's recommendation in this but I can't see.the justification, City Attorneys Mr, Williams: He objected only to on -sale, I don't remember him.objecting to any off -sale, Mayor.Snydere When he objects to the on -sale, he points out all the beer licenses including the off -sale ones and here we are putting`.in.-another which will put a bigger burden on the on -sale and although I agree with his intent, I am a little puzzled about his reasoning, Motion by Councilman Jett, seconded by Councilman Krieger$ and carried, that the Council have no objection to this off -sale beer license, CHANGE OF LIQUOR LICENSE OWNERSHIP City Clerk, Mr, Flotten: This is a change of ownership at The Hut, 1224 Sylvan Avenue, Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that the Council has no objection to this -change of ownership of a liquor license of,the Hut, 1224 Sylvan Avenue, APPLICATION FOR ON -SALE BEER LICENSE OF JOE MARTINEZ, LES MARTINEZ RESTAURANT 23.1 SOUTH GLENDORA AVENUE City Clerk, Mr, Flotteno This is a transfer of ownership, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the Council has no objection to this transfer of. ownership at 231 South Glendora Avenue, -31- CO C, 6/8/64 Page Thirty -Two 'CITY CLERK - Continued • TEMPORARY USE PERMIT APPLICATION OF EASTLAND SHOPPING CENTERS EASTLAND BUSINESSMEN°S ASSOCIATION FOR "OUT DOOR LIVING SHOW" JUNE 18 TO 209 1964 City Clerk, Mr, Flotten: This is their annual Out Door Living show,, This would be displayed on the Mall and in the,.,parking area for three days, June 18 to June 209 from 9:30 A,,M,, to 9-:30 P,,M,,, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this request be granted subject to the inspection of the City Staff,, TEMPORARY USE PERMIT APPLICATION OF EASTLAND SHOPPING CENTER FOR HELICOPTER PASSENGER RIDES FROM JUNE 18 TO 209 1964 City Clerk, Mr,, Flottena The helicopter take -offs and landings would be at five-minute intervals,, The proceeds will cover the maintenance cost of the copter and the pilots salaries,, This is from 10:00 A,,M,, . to 8:00 P.M. This involves fire protection, police, et cetera,, • Mayor Snyder: If it is anything like the one they had at the entrance to the fair ground a year or two ago, they fly low and they are awfully noisy and they are taking off constantly,, Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that the Council deny the temporary use permit application of Eastland Shopping Center for helicopter passenger rides from June 18 to. 20, 1964, TEMPORARY USE PERMIT APPLICATION OF SOUTH HILLS LITTLE LEAGUE FOR FIREWORKS SHOW ON JULY 4TH City Clerk, Mr, Flottena There are two County Firemen show,. The fireworks are inside fathers on duty to run the the field; the children will be on the bleachers outside the fence, They did this last year. Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that the Council grant the temporary use permit application of the South Hills Little League 1964 subject to the supervision for a fireworks show on July 4th, of the West Covina Fire Departmento SCOA'S REQUEST FOR CARNIVAL City Clerk, Mr, Flotten: We have an application from Atlas Greater Shows in connection with Scoa, Inc, They want to conduct a carnival on July 1 through July 5 from 10:00 A,,M, to 10:00 P.M. and it will be conducted in the northeast corner of the Scoa property, -32- C, C, 6/8/64 Page Thirty®Three SCOM S REQUEST FOR CARNIVAL ® Continued • Motion by Councilman Heath, seconded by Councilman Krieger, and carried$ that the request of Atlas Greater Shows to conduct a carnival on the Scoa property on July 1 through July 5 from 10:00 A,,M, to 10:00 P.M,, be approved subject to approval of the City Staff,, CITY TREASURER None MAYOR'S REPORTS HEADQUARTER CITY CONCEPT Mayor Snyder: In this headquarter concept that is being taken up by the Chamber and the City, there has never been any meeting to clarify what the goals are,, I am wondering if either the Council or a committee of the Council shouldn't have a meeting with the Chamber to clarify the goals of the headquarter city concept so we • know that we are both working toward the same aims,, It has also been suggested we have a joint meeting with the executive committee of the Chamber,, Councilman Nichols: I think that is a commendable goal so long as the schedule of the meeting would fall after July lst,, We have a very heavy calendar of meetings between now and then,, Mayor Snyder: If there are no objections, I will ask the City Manager to arrange a meeting between the Council and the Executive Committee of the Chamber to discuss among other things the goals of the headquarter city concept,, Councilman Heath: If they are working under one concept and we have another concept and, we insist on our concepts what they have done might be thrown down the drain. I believe we should have a joint plan and meet not in the too far distant future, Mayor Snyder: I could fit in a luncheon meeting almost any day,, Mr,, John Gardner: I think there is no question in the Chamber's mind that we are both working toward the same goal, same idea, It is probably a matter of getting together and a simple matter of communication so we.will both have a better idea of our ideas, Mayor Snyder: What about June 18, a Thursdays at noon? Mr, John Gardner: That is a scheduled meeting for the Executive Committee anyway so that would be fine for us, I will check and see what restaurant will be available and let you know, -33- C,, C, 6/8/64 MAYOR'S'REPORTS Continued • Mayor Snyder: COUNCIL COMMITTEE REPORTS None MISCELLANEOUS HUMAN RELATIONS COUNCIL Page Thirty -Four That would be fine,, I think we will all benefit from that,, Mr, Harvey Macsurak I would like to speak of. the 435 Sandyhook Street adoption of resolution by the West Covina City of West Covina to establish a Race Relations Board in our City, I would like to have spoken of it last week but did not have the opportunity, I would take the opposite position with regard to this commission for a number of reasons, First, I don't believe the Ministerial Association existing in our City speaks for the majority • of the people in the community,, I would rather suggest that it is a minority group, It also is not representative of the majority opinion of the people and it is often out of step with the opinion of most people in our community,, I make these charges because I believe or I have only seen four or five active ministers in this group and one rabbi in our community and by checking the Saturday afternoon local group there are some 47 churches in the area of Hacienda Heights, La Puente and West Covina, I have attended a human relations council meeting at which the Ministerial Association sponsored a religious meeting regarding race problems in our City and during the question and answer period at that time someone in. the audience asked the guest speaker,, who was supposed to have been a minister from the San Fernando Valley,, what his position was with regard to that part in the Bible that states that God cursed Shem and all his descendents for an act that he had committed. In reply to this statement this guest speaker with his voice raised high and his hands in the air said, "Do you believe that I could believe in a God who could do this? Who could curse a man's descendents from now on?" and in like fashion continued until he convinced the audience that he would rebuke this passage or not allow it, This again I say was by a man who didn't belong to our area but none of .the members of the Ministerial Association present that night disavowed this man's statement with regard to this so it would appear that they agreed with him, I am a Christian and I believe in the Bible and I believe Jesus Christ suffered a three-hour death on a cross that would kill most men in twenty minutes, He never rebuked or took back any part of the Old Testament,, I have also been at the Council meeting when Mr. Feldman made remarks to the people..at those meetings that they would not succeed in their efforts in our community peacefully, some of them were going to have to be martyrs -34- CA C, 6/8 64 Page Thirty -Five "AN RELATIONS COUNCIL m Continued •and blood would :probably be shed, I submit to you that these people • who belong to'this council in our City and they call themselves La Puente aisos do not promote racial harmony in our area; they very probably promote racial strife instead, I thank before the City Council of. West Covina would lend the dignity of the name of our City and.its sanction to their cause it should very surely investigate, them _much more thoroughly than it has so far, Thank you very much, Mayor Snyder: I think maybe you misunder- stood the purposes of such a commission, It is not.to cause any difficulty, It is to prevent. difficulty and it is not in the area of religion-, it is in the area of a possible abridgement of certain people's Constitutional rights, That is as I see it and there will be two weeks to study this resolu- tion and we will welcome comments from anybody in writing to the City Council regarding this, DEMANDS Motion by Councilman Krieger,, seconded by Councilman Nichols, to approve demands totalling $75,284,47 as listed on demand sheets C391 through C393, This total includes fund transfers of $2,793,77, Motion passed on roll call as follows - Ayes, Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None GLENDORA AVENUE MORATORIUM Mayor Snyder- Mr, City Attorney, can the City take steps to have a moratorium on any further zoning or precise plan actions in a certain area awaiting the completion of a study that is before the City Council and set for hearing? City Attorneyq Mr, Williams: Yes, Several such stays have been upheld by the courts where something is actually pending and its determination would effect that which is stayed and where the stay is only for such a reasonable time of relatively short duration as is necessary to complete the study procedure and as.long as the purpose is open-minded and not discriminatory, There have been three or four cases where such have been -upheld, one for as long as a year, Mayor Snyder: Obviously, there is a huge area which is being studied or has a recommend'a:tion from the Planning Commission for amendment of the General Plan plus recommendations for zone changes on numerous pieces of property and before this could be finalized by the City Council we could in effect get a rash of precise plan applications which fairly would have to be considered by the Planning Commission but which could place our legal position tenuous, in anything "we,�.Aid furt,her,. . -35® C, C, fi/S/64 Page Thirty -Six GLENDORA.AVENUE MORATORIUM Continued .City Attorney, Mr, Williams. I think you could withhold building permits and precise plan approval within the area of the present study of Glendora Avenue for a period of 90 days, Mayor Snyder- How would we go about doing that? City Attorney, Mr, Williams- In several cases it has been done by a resolution which it seems to me is not the proper way to do it, You have to ask that a .resolution be brought in at your next meeting if that is the purpose of it, Mayor Snyder: Obviously, the Planning Com- mission will have to consider precise plans quite justly if they are brought in now on the basis of the present zoning, on the basis of the present General Plan, and all I am asking the Council is this- In fairness to this study and in fairness to the City as a whole wouldn't it be proper to, in effect, place such a moratorium on any further precise plans or building permits until the Council has finalized their decision? Councilman Krieger. I think the concept is a fine • one but I am not quite sure if there were such a moratorium that it would be necessary to have it 90 days,, We are going to have our public hearing on the 29th and I would tend to think that a moratorium of 45 days should cover it, City Attorney, Mr, Williams. If you introduced an ordinance on the 29th, which I think is most.unlikely, and passed it at your next meeting after that it would effective 30 days after that which would be 60 days from now andI don't think it would move that fast, Councilman Jett. If the Council approves the - action of the Planning Commission, will this be firm zoning? Mayor Snyder. It is my understanding that the Planning Commission has recommended General Plan amendments plus firm zoning on each of the parcels in the study area, Councilman Jett.-, When this is completed, whatever is accepted will be the actual zoning on those properties and will not necessitate any further application? Planning Director, Mra Joseph-, Yes, The way the legal description was written and the notification sent out the Council can place firm zoning on the property and,that is it, Later on, however, individual property owners could come back and ask for re-evaluation of the zoning but if the Council places zoning on the property that is what will appear - on the zoning map, 3 6- C, 'Ca 6/,8/64. Page Thirty -Seven 'GLEN'DORA'AVENUE MORATORIUM Continued • Councilman Jett: If this were not true I couldn't see any reason for • holding up applications, In the event that this is to be firm zoning then I can see where we could reasonably hold up something l.i.ke�thi.s,` Planning Director, Mr, Joseph - It would definitely be firm zoning,, Councilman Heath- I feel the people donIt realize the magnitude or the ..seriousness of what is going on here,, . I think it might be fitting for the Mayor to put a statement in the paper saying what we are doing so the people on Glendora Avenue can be appraised of this, Mayor Snyder. Somebody knew what was going on because they had to rent a school to hold the meeting,, I will be glad to put a clarifying statement in the paper, Councilman Krieger- What would be the best estimate as to the time necessary to firm this particular matter up? • City Attorney, Mr, Williams- I would rather go a little too long,, I would put the • moratorium or restriction restraints only on issuance of building permits because I don't know of any authority for curtailing the precise plan privilege and they couldn°t put it into operation with- out a building permit anyway and I think that I would state that it would endure for 90 days.from this date or until the final.disposition of Zone Change No,, 308 at an earlier date, whichever occurs first; that no building permits be issued within the area embraced in Zone Change No:, 308 fora period of 90 days from this date or until the earlier complete disposition of that case by the effective date of any.ad,opted.ordinances pursuant to this,, Motion by.Councilman Krieger, seconded by Councilman Heath, and carried',to place a moratorium or restriction restraining issuance of building permits to last for 90 days from this date or until the final disposition of Zone Change No,, 308 at an earlier date, whichever occurs first; that no building permits be issued within the .area embraced in Zone Change No,, 308 for a period of 90 days from this date or until the earlier complete disposition of that case by the effective date 'of any adopted ordinances pursuant to this, (Councilman Nichols voted "No",,) Councilman. Nichols: I am not sure enough to want to vote "Yes", This has come too sudden for me to make a decision so my vote is "No" based on lack of further information and discussion, Mayor Snyder- If there is a certain piece of zoning which has a precise plan on it and this recommendation of the Planning Commission, in effect, reverses this zoning, does the precise plan on there make it impossible to reverse it? -37® C:40 6t8f84, Page Thirty -Eight Gi:ENDORA AVENUE MORATORIUM Continued • CifY Attorney Mr, WilliamsNo, The City can change toning at any time, There are occasions..when a person notwithstanding a change of zone may go ahead W#h.what ,,-he .has started, This question, no doubts is going to be raised. �,in ,the Glendora Avenue study area, Councilman Nichols.- There is one thing I am uneasy about and I would like to at ._:east ekpress'my feelings on this matter for the record, In recent weeks we have been having people'come before this Council asking that potential"zones'be reactivated, Councilman Jett said he wanted t©;keep faith caith people who years and years ago were given a potential f'or a certain type of zoning and now in 1964. members of the Council feel obligated to follow through and grant that zoning, On".the''other hand, we turn right around and say to people who have actual'.zoning on their property that we are now refusing them the . permiss,ion to develop because we think we may change the existing zoning on the property. This does not seem to be logical nor equitable in relation to the treatment to all the citizens and all the property owners.reTative to all the property rights in the community, Mayor Snyder: You may be right. The only point is this. The potential zone changes were instigated by the Council and as far as holding • these people up, I agree with the policy that was set up earlier "by your suggestion and Mr, Krieger®s, that we shouldn't allow • applicants to wait for a more favorable climate but that works both ways,' Just holding up the building permits in effect, we have'more than just somebody thinking about changing this; we have a.f'irm recommendation from the Planning Commission to change this, There is,a good possibility that the zoning could be changed, This is',a decision for the Council, I see no harm in this moratorium, CouncilmanHeath;-. I think Mr, Nichols has a very good point, I would like to.change my',vote on the prior motion, Councilman Krieger: But basically that is not the issue before the Council. We have gone to the expense of this D,M,J,M, report, the.expense of holding public hearings and now we are going to hold a public hearing by the City Council and while we are doing this, is everybody off in another -direction doing something else? We want consistency to this City:and we only get it by deciding what direction to move and moving together, There being no further business, Motion by Councilman Krieger.. seconded by Councilman Nichols, and carried, that this meeting b' adjourned to Wednesday, June 10, 1964 at eight o'clock fora budget session, The meeting adjourned at 11055 P,M, APPROVED ATTEST,." MAYOR CITY CLERK -38-