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06-22-1964 - Regular Meeting - Minutesgin• .'v MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF'WEST COVINA, CALIFORNIA JUNE 229 1964 The regular meeting of the City.Council was called to order by Mayor Snyder at 7:35 P.M. in the West Covina City Hall. Councilman Krieger led the Pledge of Allegiance. The invocation was given.by the Rev. Roy Bullock of Delhaven-Christian Church. ROLL CALL Present:' .Mayor Snyder, Councilmen Jett, Krieger, Nichols, Heath Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk &,Admin. Assistant Mr. Harry C Williams, City Attorney Mr. John.Q Adams, Public Services Director 'Mr. Harold Joseph, Planning Director (from 7:55 P.M.) APPROVAL OF MINUTES May 25, 1964 - Approved as submitted as follows: Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that the Minutes of May 25, 1964, be approved as submitted. CITY CLERK'S REPORTS PROJECT S.P.6406 LOCATION: Various streets in ACCEPT STREET IMPROVEMENTS Sanitary Sewer District Griffith Company A'11-6.1-1. North of APPROVED Garvey, west of Orange and Workman, west of. Citrus. Accept street improvements - resurfacing authorize release of Firemen's Fund Insurance Company performance bond No. C-7052092 in the amount of $15,645.00, subject to Notice of Completion procedure. Inspector's final report filed. Staff recommends acceptance and release of bond. Motion.by Councilman Nichols, seconded.by Councilman Krieger, and carried, to accept the street improvements in Project S.P.6406 and release the Firemen's Fund Insurance Company performance bond No. C-7052092 in the amount of $15,645.00, subject to Notice of Completion procedure. PROJECT C-191 ACCEPT STREET IMPROVEMENTS Jasper N. Haley APPROVED LOCATION: South.Azusa.Avenue, west.side of Azusa south of Garvey and east side of Azusa north of Greenville Drive. -1- • C., C, 6/22/64 page Two 'PROJECT C-191 Continued Accept street improvements - authorize release of Argonaut Insurance Company performance bond No, 059068 in the amount of $7,787,.50 subject to Notice of Completion procedure, Inspector's final report filed, Staff recommends acceptance and release of bond. Motion by Councilman Krieger' seconded by Councilman Heath, and carried, to accept the street improvements in Project C-191 and authorize the release of Argonaut Insurance Company performance bond No, 059068 in the amount of $79787,50 subject to Notice�of Completion procedure, PROJECT T;5,6427 LOCATION° Glendora Avenue south APPROVE PLANS AND SPECIFICATIONS of Christopher Street, CAUTION LIGHT FOR TRAFFIC SIGNAL APPROVED Review Engineer's report m approve plans and specifications for caution light for traffic signal, Authorize City Engineer to call for informal bids.- Traffic Safety Fund, Staff recommends.acceptance and authori- zation to City Engineer to call for informal bids,. Motion by Councilman Nichois, seconded by Councilman Heath, and carried, to approve the plans and specifications for a caution light for traffic signal in Project T,S,6427 and authorize the City Engineer to call for informal bids, PROJECT S,P,6332 LOCATION'' East side of Yaleton APPROVE PLANS AND SPECIFICATIONS north of Puente, STREET IMPROVEMENTS APPROVED Approve plans and specifications - authorize City Engineer to call for bids. Cooperative project with Bethany Baptist Church - Church, $1,086,00,- City, $39000.,000 Traffic Safety Funds when available, Council Minutes 9/16/63, Staff recommends acceptance and authorization '' to City Engineer to call for bids. Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, to approve the plans and specifications for street improve- ments in Project S,P,6332 and authorize the City Engineer to call for bids, PROJECT S,P,6445 ENGINEER'S REPORT ON DRAINAGE PROBLEM AT 2340 CORTEZ STREET RESPONSE TO ATTORNEY WILLIAM W, BERRYHILL REPRESENTING JAMES C., .POWELL, JR, DELETED City.Clerk, Mr, Flotteno (Complaint on drainage con- ditions addressed to Harry C, Williams,,) We would like to have this deleted from the agenda. We will reset it for July 13, 19640 4Z - • 0 Co. Co 6/22/64 Page Three PROJECT S,P,6445 m Continued Motion by Councilman Nicholas seconded by Councilman Heaths and earrie.ds that. ro3ect 'SoPo6445 be del4'ed. from 06 agenda .and placed on the 'agenda Q' .Judy 13 $,.,1964, RESOLUTION. NO, 2$47 The City Clerk presented: ADOPTED 94 8c B Sub, 135-233 "A RESOLUTION 'OF THE CITY COUNCIL OF THE .ChTY OF WEST .COVINA APPROVING THE FINAL SUPDIVISION MPA'OF METES AND BOUNDS SUBDI- VISION NO,, 135-2,239 ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND .A SURETY BOND" Mayor Snyder: Hearing no objections we will waive further`'re4, ing of the body,of the resolution, Councilman Heath:. Wouldntt it be advisable to put this time? What would be in all these improvements at the re4$on for holding this up? City Managers Mro AiAssa: He- (owner)'.wants'.to hold it until he redevelops Lot No;'3,' Councilman Heath: A man will -put up a bond at todayQs this improvement will not prices and it is quite possible be put in for several years at which time the cost of the improvomont6 have gone up a tremendous amount and then the City has to come back and make up the differenceo If there is any way of putting :these *mprovements in'at this time I would rather see them put in .today,: Councilman Krieger: Don't we have a problem of the future storm drain if we do the work now? City Manager, Mro Aiass: Yes, Councilman Jett: We should have sopte assurances injprovementso On our. trip that they,are going to do the Saturday in reference to Virginia, are t�bse improvements gq ng in now? City Manager, Mr.:o Ai, psa: The, improvemgnts 9 yes, He will alsp put in a small portion of Barrancao Councilman Jett: I would bye in favor of requir- ing a bond for the balance of the improvementwq City Manager, Mr, A464a: Could we: add as an added con- dition the improvements on Lot No, 3.7. ® 3.. 0 C, C, 6/22/64 Page Four RESOLUTION N0, 2947 m Continued City Attorney, Mr, Williams- If the improvements are required as a condition of the tentative you may bond instead of require the installation but you can't require improvements on the final that were not included,' One of the problems about bond is many of -them are annual, If they simply don't pay the premium after they put up the bond and if your condition is such that the improvement is not 'required in a year, you really don4t have any securityo 'If you are talking about a condition that this improvement go in when another lot is developed, that may not be within.a year:. Councilman Krieger.- The way I read this report was that even though Lot 3 might not be subdivided -wb have requested a bond that the improve- ments be done now. Aren't'ihese bonds including that work? City Attorney, Mr, Williams: Yes Councilman Heaths ,If the man goes beyond a year before he puts in these improve- ments, the bond is no -longer in effect? City Attorney, Mr, Williams: The ordinance on final maps requires the improvements to be installed within a year, They put up a bond that within the year they will install the improvements, That is the normal thing on every final map, All thb other improvements will be within a year but this particular one may not be in a year, To be sure you should have the form of bond that is not revocable as'to this particular storm drain at the end of the year because the ordinance bond is an annual premium, City Manager, Mro Aiassa: (Read conditions re this matter+, ) Councilmen Heaths In the motion to accept the bond, We would have to stipulate there that this is irrevocable and even in light of the wording of the specifications -- City At+btney, Mr, Williams: The ordinance subdivision bond will guarantee performance of the contract and if the agreement provides these things the bond will secure it but if the bond only is good for a year by its premium and there bas to be another premium the bonding company is not responsible if the subdivider doesn't pay the premium after the first year. You can provide in the agreement, for example, that at the end of the year, which is guaranteed with the bond, they either put in the improvements or a deposit be made with the City in an amount so that the City may put them in, The pond simply will -be worded that the subdivider will.fulfill his agreement, The bond secures the agreemento The bond does not guarantee the resolution, It guarantees the agreement, Mr, A, M� Gilmore ;.My understanding that each 835 South Orange part of this is acceptable, West CoVina We would be perfectly acceptable to making any change in the bond _4® C; Co 6/22/64 Page Five 'RESOLUTION NO, 2947 Continued requirement, We certainly y will put the driveway in immediately as soon as this is over, However. it is imperative that it cannot be carried in escrow any longer, All of the conditions will have been. met and we have been very rigorous in the meeting of them and we will meet any requirement you put upon it, We would like to have it cleared at this.time, City Attorneys -Mr, Williams: You can move to approve this subject to the approval of the agreement in bond by the City Manager and the City Attorneys Motion by Councilman Krieger, seconded,by Councilman Heath that. said resolution be adopted subject to the approval of the City Manager and the City Attorney as to the terms and conditions of the agreement, Motion passed on roll call as follows: Ayes: Councilmen Jett, Kriegerm Nichols9 Heatho Mayor Snyder Noes: None Absent. None Said resolution was given No, 2947, RESOLUTION N0, 2948 The City Clerk presented,, ADOPTED "A RESOLUTION OF THE CITY COUNCIL M & B Sub, No; 135-223 OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF EXECUTED BY C & M LAND DEVELOPMENT CORPORATIONS DATED JUNE 159 1964 FOR STREET AND HIGHWAY PURPOSES TO.BE KNOWN AS BARRANCA STREET AND VIRGINIA AVENUE" Mayor Snyder.: .`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$.-Krieger9 Nichols9 Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No, 2948, • RESOLUTION N0, 2949 The'City Clerk presented. - ADOPTED "A RESOLUTION OF THE CITY COUNCIL Tract No, 29515 OF THE CITY'OF WEST COVINA APPROVING A FINAL,SUBDIVISION MAP Of TRACT NO, 29515,,ACCEPTING THE DEDICATION THEREIN OFFERED, ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND _A SURITY BOND TO SECURE THE SAME•" -5r C, C., 6/22/64 Page Six RESOLUTION NO, 2949 Continued • 'Favor Snyder: Hearing no objections� we will J waive further reading of.the body.of the resolution. Motion by Councilman Heath$ seconded by Councilman Kriegerg that said resolution be adopted, Motion} passed on roll call as`follows: Ayes: Councilmen Jettq Krieger Nicholsq Heats* Mayor Snyder Noes: None ' Absent: None Sgid resolution was given No, 2949, DISTRICT Aa11-61®2 LOCATION: Barranca Street and SANITARY SEWER DISTRICT Virginia Avenue, APPROVED Designated as the A111-61m2, Barranca Street and Virginia Avenue Sanitary Sewer District, Preliminary report by City Engineer to be reviewed and accepted, Staff recommends acceptance, Councilman Heath: I have a.question on the letter that came to us, Where is the County area in this district? Public Services Directors Mr, Adams: It extends between Grand and Citrus south of.the Wash and down to Cortez, (Mr, Joseph entered the Chambers at 7.:55 P,M,) Motion by.Councilman Heath$ seconded by Councilman Nichols, and carried$ to accept the preliminary report by the City Engineer on District A111-61-2, A911®61m2 LOCATION: Barranca Street and SANITARY SEWER DISTRICT Virginia Avenue, ACCEPT REVISED REPORT FROM HEALTH OFFICER Revised report of Los Angeles APPROVED County Health Officer, Accept report and instruct the City Engineer to proceed pursuant to the provisions of Section 2808, Division 4, of the Streets and Highways Code, Direct City Clerk to spread the letter on the Minutes of the Council meeting, Staff recommends acceptance and authorization to City Engineer to proceed • and direct City Clerk to spread letter in Minutes, Motion by Councilman Heath$ seconded by Councilman Krieger$ and carriedq to accept the revised report of the Los Angeles County ,Health Officer and that it be spread in full in the Minutes, -6- --Co C,. 6/22/64 Page Seven A°I1-61m2 SANITARY SEWER DISTRICT - Continued The following is a letter from the County of Los Angeles, Health Department, 241 North Figueroa Street, Los Angeles 126 California; it is dated August 7, 1962 and directed to the City.Council, attention of Mr. R, Ea Pontow, City Engineers and signed by K, H, Sutherland, M,D,, Health Officer.) "SUBJECT: Amended Virginia Avenue and Barranca Street Sanitary Sewer District, A111-61-2, City of West Covina, "RECOMMENDATION: It is respectfully recommended that sanitary sewers be installed in this district, "ANALYSIS. On February 10, 1961, this Department recom- mended to your Honorable Council that sanitary sewers be installed in the Virginia Avenue and Barranca Street Sanitary Sewer District A111-61-2, as a measure necessary to the protection, of public health. Since that date, an alteration has been made in the boundaries of this proposed sanitary sewer district. This alteration is the addition of the residential area bounded as follows.- North by Cortez St, 8 Campana Flores Drive, East by Charvers Avenue, South by Charlinda St,$ West by Forestdale Ave, as shown in dark green on the attached map, "This Department has made.an investigation of the additional,area as described above, During the course of this investigation, 21 house -to -house calls were made, Of this number, eight (8) occupans.were not at home or did not answer the dooi+, Of the 13 property owners or tenants actually contacted, 3 or 23% reported having experienced trouble with their individual subsurface sewage disposal systems; They complained of the systems filling up causing raw sewage to back up into the house plumbing fixtures or to overflow onto the,surface of the ground, Also that frequent pumping and cleaning out of the seepage pits was necessary, One contact reported it was necessary to pump their system monthly, "In view of our recent survey, also our original survey, which revealed that out of 40 property owners or tenants contacted, 15 or 37 1/2% had experienced sewage disposal troubles, I, the undersigned Health Officer of the County of Los Angeles, having been officially designated by the City Council of the City of West Covina to perform public health services for the City of West Covina,'do hereby again recommend that proceedings be instituted at once for the installation of sanitary sewers in the Virginia Avenue and Barranca Street Sanitary Sewer District, Ae11-61-2, This recommendation is made an improvement necessary to the protection of public health and pursuant to the provisions of Section 2808 of'the Streets and Highways Code," /s/ K, H., Sytherland, M.D. -7- Co C, 6/22/64 Page Eight A111-61m2 SANITARY SEWER DI'STRhCT 'Continued • RESOLUTION NO, 2950 The't k City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL A111-61-2 OF THE CITY OF WEST COVINA DETERMINING THAT THE CONSTRUCTION OF CERTAIN SANITARY SEWERS IS NECESSARY AS A HEALTH MEASURE IN" BARRANCA STREET, VIRGINIA AVENUE, AND OTHER STREETS AND RIGHTS OF WAY IN THE SAID CITY" (A'11-61-2) 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,.2950, Y RESOLUTION NO, 2951 The City.Clerk presented: ADOPTED. "A RESOLUTION OF THE CITY COUNCIL A411-61-2 OF THE CITY OF WEST COVINA ORDERING THE CITY ENGINEER TO FURNISH PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF BARRANCA STREET', VIRGINIA AVENUE, AND OTHER STREETS -AND RIGHTS OF WAY IN THE SAID CITY" (A'11-61-2) Mayor Snyder- Hearing no objections, we will waive further reading of the body 'of the resolutiono 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. 2951. • RESOLUTION NOe 2952 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL A'11-61-2' OF THE CITY OF WEST COVINA APPROVING A MAP OF ASSESSMENT DISTRICT FOR THE IMPROVEMENT OF BARRANCA STREET AND VIRGINIA AVENUE AND OTHER STREETS AND RIGHTS OF WAY IN THE CITY OF WEST COVINA" -8- r C, C, 6/22/64 Page Nine RESOLUTION N0, 2952 Con0nued 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, 2952, SCHEDULED MATTERS SIDS PROJECT S,P,6333-1 LOCATION: Puente Avenue from STREET IMPROVEMENT -.SIDEWALK Lark Ellen to Azusa. Bids received in office of City Clerk on June 18, 1964, at 10:00 A,M, • The bids received are follows: ALLCON 10% bid bond $ 49045,40 W, R, WILKINSON CO, 10% bid bond 49490.81 Councilman Heath: If we use the money out of the Unappropriated Reserve, are we going to have enough to achieve the added conditions of the big sidewalk program? City Managers Mr, Aiassa: This is the close of last year's program, The new fiscal year starts July 1st and this will only be tapering off the last of last year's projects, Motion by Councilman Nichols, seconded by Councilman Heath, that the bid for Project S,P,6333-1 be awarded to the firm of Allcon on the basis of their low bid items for a total estimated contract amount of $49045,40 and that the additional funds for this project .be appropriated from the Unappropriated Fund balance of the Capital Outlay Fund, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None ASPHALT MATERIAL REQUIREMENTS Bids received in office of the City Clerk on June. 18, 1964, at 10:00 A,M, The bids received are as follows: -9- C, Co ' 6/22/64 ASPHALT MATERIAL REQUIREMENTS..- Continued ASS OCIATED ASPHALT 10%'bid bond CAPCO INDUSTRIAL ASPHALT WARREN SOUTHWEST 10% bid bond 10% bid bond 10% bid bond Page Ten $4,16 ton, including tax F,O,Bo plant $3,90 ton 0 including .tax Fo0,Bo plant $3,64 ton, including tax FoOoBo plant $3,28 ton, including tax F,O,�o plant Councilman Krieger: l will disqualify myself from voting on this matter, Motion.by Councilman Heath, seconded by .Councilman Nichols, that the contract for.'Asphalt Material.be awarded to the Warren Southwest Company in the amount of $3,28 a ton including.tax, F,O..B, the plant. Motion.passed on roll call as follows: Ayes: Councilmen Jett$ Nichols, Heath, Mayor.Snyder Noes: None Absent: None �BS7Ai�V : Corrn�c�CM9N �iP�FGER LEGAL ADVERTISING Bids received in the office of the City Clerk on June 18, 1964 at 10:00 AoM, The bids received are as follows: WEST COVINA TRIBUNE per column inch, first insertion $1,95 per column inch, subsequent insertion 1,79 SAN GABRIEL VALLEY per column inch, first insertion $3,32 DAILY TRIBUNE per column .inch, subsequent insertion 3,18 Motion by Councilman Heath.,seconded by Councilman Nichols, that the contract for the legal advertising be awarded to the West Covina Tribune on the basis of their low bid for both the -first insertion and subsequent insertions. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes-, None Absents None HEARINGS ZONE CHANGE NOo 305 Taketsugu Tom Kawakami APPROVED (Rm3) LOCATION: 131 Orange between Garvey and Pacific Avenue, Request for reclassification from Zone R-A to Zone C-1 approved fqr .R-3 by Planning Commission Resolution No, 1607, Appealed by applicant as to Rm3 Zoning; City Clerks Mr,, Flotten: (.Read Planning Commission Resolution No, 16070 -10- C, Ca 6/22/64 'ZONE CHANGE NO, 305 - Continued 0 Mayor Snyder: INS Page Eleven This is the time and place for the public hearing, Dr,.Glen Nakadate I am speaking in behalf of my 131 North Orange father-in-law who is'one of the West Covina owners of the 'property in question, I know the City Planning Commission is well aware of it but if you look at the map, the property in question lies immediately adjacent to the freeway and the property directly across the street is zoned commercial and the property at the very corner of the whole block is zoned commercial, Orange Avenue. is a major arterial and has both on and off ramps onto the freeway and the traffic is increasing at the present time, We believe due to the traffic situation that it would be much better to have a Cml zone both for the City and for our uses, There being no further public testimony9 the hearing was closed, Councilman Jett: Isn't that area marked R®1 in yellow there on the lower portion property that belongs to the States highway property? Planning Director, Mr, Joseph: This is nothing more than a zoning map. It doesn't attempt to show the uses on the property, It is vacant and part of the interchange complex there, This has been Rd-1 long before the freeway went in there so we took the yellow coloring right from the City zoning map, Councilman Nichols: Is.it not true that the corner up there showing C®1 is already developed as C®1? Planning Director, Mr, Joseph: Yes; that is a shopping center, Councilman Nichols: That block already has commercial in it Councilman Jett: I think it is a little unfair to the applicant to identify State Highway property as R®1. This will never be used for Rml, Councilman Krieger: I believe the Planning Com- mission took this into considera- tion as well when they expressed their interest in R®39 not C®1, Their conclusion was based upon a logical extension of what is R-3 immediately to the north of this property, I would agree with their conclusion and in conformity with the General Plan which shows this as R-3 within the town center area of density, Councilman Jett: I think this is a piece of property that lends itself to C®1 development. C,, C, 6/22/64 Page Twelve ZONE CHANGE NO, 305 - Continued • Councilman Nichols: It seems to me that we have a piece of property here that is actually front*ng on a service road of the freetaay and is abutted in the freeway alignment on the west and the east with C-1 property and therefore �t would be the only parcel so abutting in that general area that would be denied C zonings is that correct? Planning Directors Mra Josephs It would be the only property zoned R-3 on the freeway in this particular location, Mayor Snyder-. It is.abutting R-1 and R-P on the east and R-3 on the north,, Councilman Heath: I feel if this is developed as commercial, I don't know who it would serve,. I don°t think it would serve the neighborhood,, I question whether it would serve the people on the freeway because they couldn°t see it until they got to the off -ramp because the other commercial would be in the way: I have no strong objection to commercial but I think it would be much more advantageous to make it R-3 as the General Plan shows, Motion by Councilman Krieger, carried, that Zone Change N0, Jett voted "No",,) VARIANCE N0, 498 SunFran Shopping Center APPROVED and PRECISE PLAN NOo 46 (Rev, 3) S F seconded by Councilman Heath, and 305 be approved as R-3, (Councilman LOCATION: Southeast corner of Sunset 6 Francisquito between Sunset and Broadmoor Avenue,, un ran Shopping Center Request to permit reduction in APPROVED number of required parking spaces in Zone C-1 approved by Planning Commission Resolution No, 1593s and for approval of Precise Plan for commercial retail development approved by Planning Commission Resolution No, 1594, Called up by Council on May 259 1964, City C1erk,.Mr,, Flottens (Read Planning Commission Resolutions Nos. 1593 and 1594,) Mayor Snyder: This is the time and place for the public hearing, IN FAVOR • Mr, Joseph Levin I am a representative of the 1816 South Bedford contracting firm for Mr, Gebbia, Los Angeles the owner of the property, We have, in our opinions exceeded the staff recommendations as far 'as the rear portion of the new proposed department store is concerned by reducing it from 30 feet from the lot -line to 96 feet and on gone side from 30. feet to 40 feet,, We have before you a parking survey that was made by an independent firm showing the parking usage of the existing lot with the parking spaces that are there and the maximum usage on the Saturday -12- C, Ca 6/22/64 Page Thirteen VARIANCE NO, .498 & PRECISE FLAN NO, lr&(3) Continued preceding Easter Sunday was at its Maximum of 21% with a mean usage of 11,2%. I don't know why we are here, The Planning Commission passed our applications, Mr, Harold Levin Because of the unanimous approval 6415 East Balcom of the Planning Commission on Reseda May 6, the owner felt that there would be no rejections and we did go ahead with some of the minor improvements to an old center that has been completely neglected for the last seven years. One of the buildings .was uncompleted, Mr. Gebbia has shown.his faith and interest in building up this center. We have gone ahead with a tremendous amount of concrete work, We stopped.work 19 days after we started because we found out there was to be another hearing tonight. We do not know why there is to be this hearing, Mayor Snyder: Under our ordinance the action of the Planning Commission is not final for so many days and the Council has the right to appeal and review the action, Mr, Richard Messenger I am the architect who prepared 32715 Haines Street the precise plan and the work Canoga Park that has progressed up to this time, I want to state that Mr, Gebbia has hired competent people to prepare the plans, He is .not a novice at revitalizing shopping centers, Mr. Gebbia owns outright 26 shopping centers that he has purchased in a like state to this one and has brought.them up where they do pay their own way. He is not adverse to spending money to bring the center up to par. He is bringing up quality tenants to move into the new construction; the type of tenant that will draw people to the center. To n this design property properly g P P Y P P �y we must get relief from the parking requirement, There being no further public testimony, the hearin was closed, Councilman Krieger: I would like to ask Mr. Joseph Levin a question, You indicated a "reduction" on the southeast corner of 30 to 96 feet, is that correct? Mr, Joseph Levin: Yes, We made this revision on our own about two weeks ago and brought it into the Planning Office, That was after the Planning Commission hearing.of May 6, They did not request us to do that, Punning Director, Mr, Joseph: The Planning Commission approved 808 parking stalls for 165,000 square feet of building or one for each 204 square feet of building, • This amendment has 1509000 square feet and about 33 Tess parking stalls and the ratio is down,to one to 193 feet, Although there is a less number of parking, the square footage of the building has been reduced, Mayor Snyder: Will truck traffic be using that driveway on the east side of the building? -13- C, Co 6/2/64 Page Fourteen VARIANCE NOa 498 &,PRECISE' PLAN. NO. 46M .m Continued Mr, Joseph Levino When the projected department building is built they have to have a place to load and unload., They will unload and load on the backside and that is one of the roasons,we made that 96 feet, There are no loading.docks on the east side of-the'building, Councilman Jett: Mr, Joseph, do you think the revised plan is better than the study plan? .Planning Director,.Mr, Joseph: The staff believes that the further away you can keep a. department store from single family homes the better it iso We would say this.is more acceptable to West Covina standards, Councilman Krieger; I was the member of the Council delegated to the Planning Commission and also the member of the Council that called this up, I called it up because loading operations were going to be required at the rear of the building and I thought that it would be more advisable to have more.space between the.R®1 and the new building,, I took no exception to the parking. Motion by Councilman Heaths seconded by Councilman Krieger, and • carried, that Precise Plan of Design No, 46, Revision 3, be approved subject to. the recommendations of the Planning Commission with the exception that the last half of Condition No,, 3 be deleted; that Condition No, 8 be amended to read that it be subject to the approval of the Traffic Engineer; and that Condition No, 11 be deleted; further that this is in accordance with Exhibit 1, dated and received June 16, 1964, Motion by.Councilman.Heath, seconded by Councilman Nichols, and carried, to approve Varlance No, 498.subject to the recommendations of the Planning Commission and subject further to the amended precise plant Exhibit 1, as received on June 16, 1964, VARIANCE NO, 603 LOCATION: East of Nogales, between Pickering Enterprises Valley and La Puente APPROVED Road,, Request to permit 69000 square foot lots in Area District I (City) .approved as to.79000 minimum lot size and 7020'0 average lot size, by Planning Commission Resolution No, 1612, City Clerks Mr, Flotten: (Read Planning Commission Resolution No,, 1612(,) • Councilman Heath: Mr, City Attorney, are we permitted to put conditions on a zone variance? City Attorney® Mr, Williams; Yes, All variances are zone variances,, This varies the lot sizea Sometimes you vary the setback, et cetera, ®z4® • I Ca Co. 6./22/64 VARIANCE NOa 503 - Continued Mayor Snyder: IN FAVOR Page Fifteen This is the time and place for the public hearings Mrs William Evans I am representing Pickering Adams 6 Ells Engineers Enterprises, The property is 3226 North Peck Road part of Southerly Annexation E1 Monte No. 186 and located between Center and Nogales north of Valley. It consists of approximately 35 acres which is a large portion of the annexation and a portion of that is a proposed school site, It is bounded on the west .by the County area existing A-1-6000 zoning; on the .north by R-1 6000 zoning for which a tentative map has been approved in the County and on the east by existing County R-1 6000 zoning, It is bounded on the.sogth by A-1 7500'which is County zoning but there is a proposed application before the Council for a proposed C-3 zoning in this area. We feel the only logical development for a zone site in this area is 69000 because of the surrounding property, It also -lends itself to.6000.because of the topography and the existing street engineering facilities, et cetera, It would appear that zoning this to a higher area than 69000 square feet would be imposing a hardship on the .owner of the property bausing,it to be developed as higher priced than could be developed and sold in the area,. This property definitely should be given a variance, IN OPPOSITION City Clerks Mr, Flotten: I have a letter dated June 22, 1964 directed to the City Council in opposition to this matter from the Rowland School District and signed by John-L, Milesq Assistant Superintendent, (Read letter;) REBUTTAL Mra William Evans: The Board has taken a position regarding areas within their whole district, This is a particular situation where the subject property is immediately surrounded on three sides by existing 6000 foot zoning, their policy or their hopes for their district of greater average sized lots is very nice but it would appear very impractical in this case because of the existing and surrounding conditions, A'portion of the map has been set aside for school facilities, It consists of approximately 17 acres, The school district as far as I know has not entered into negotiations with 'the subdivider to obtain the property as yet. There being no further public testimony, the hearing.was closed, •Councilman Krieger: What concerned me about the decision of the Planning Commission in this one,and.the reason I called it up was the fact that this is surrounded'on three sides by this 6000 property and the property to the south is what. we have been discussing as a possible M-1 zone and in lieu of that a C-3a Taking into consideration the fact that this is an island in this area I thought the Council ought to give consideration to the applicants request and I would be in favor of it,, -15- • C, Co C, 6/22/64 Page Sixteen VARIANCE NO, 503 - Continued Mayor Snyder- Has the Rowland School District made the same protest to.the County when they obtained the zoning in the County? Mr, William Evans: I can't say, Councilman Nichols: I think it is commendable that the -school district would like to gain larger lot sizes but in this particular instance I am inclined -to -agree with the applicant that relative to the position of this property: relative to the fact that it is now in the County where this zoning is all around it, it is applicable to 6000 and that it would be an unfair hardship to bring this area into the City of West Covina and require a larger lot size than would be in effect on all sides of 'it ultimately and particularly when a school district is taking some 60%'of the land for a school site.and the housing areas abutting that are limited and I would concur with Councilman Krieger in his position, Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that.Variance No, 503 be approved to permit a minimum of 60000 square.foot lots in Area District I subject to Planning Commission conditions Nos, 2 and 3 only, ZONE CHANGE NO, 311 LOCATION: Northeasterly corner Gulf Oil Corporation of California of Valley and Nogales APPROVED' between Nogales and Sentous Streets, Request to reclassify from Zone:'A-1 7500 (County) to Zone C-3 (City) approved by Planning Commission Resolution No, 1616, City Clerk, Mr, Flotten: Mayor Snyder: IN FAVOR Mr, Owen Powell: of the applicant company, We Planning Commission and I will it becomes necessary to answer IN OPPOSITION (Read Planning Commission Resolution No, 1616,) This is the time and place for the public hearing, I am an employee of the Wilshire Oil Corporation, an affiliate concur with'the resolution of the withhold any further comments unless questions,. Mr, Charles Rawlins I.represent Kemmerer Engineering 145 North Painter Avenue Company representing the Whittier 'adjacent property owners on this particular property, On May 11 we submitted a letter to the City Council, I would like for this to be read, It does state our position on this particular annexation and..the zoning as proposed at this time; -16- i 1� • C, C, 6/22/64 ZONE CHANGE NO;' 311 Continued City Clerk, Mr, Flotten: and copies were sent to the 1964 regarding this matter, Mr, Charles Rawlins: Page Seventeen This letter was received in the office of the City Clerk on May-.12 City Council, The letter is dated May 11, (Read said letter,) If you have.any questions I will be glad to answer them, We are neither against nor for this. There being no further public testimony, the hearing 'was closed, Councilman Krieger: I am confused by this letter from Kemmerer; We don't have anything to do with respect to zoning.on their property in any event, City Attorney, Mr, Williams: It is not pending now, It is only covers the southwest piece of, not properly': before you, This property, You 'can initiate zoning if you wish, Councilman Jett: City Manager, Mr, Aiassa: Mayor Snyder: Who initiated this annexation? I think Mr, Pickering did, This is all uninhabited, Are there any protests to the annexation? City Manager, Mr, Aiassa: We .,won't know until Wednesday, I think the only question Kremmerer has is that they are caught in the middle, If the local agency formation committee grants our annexation this will immediately stop any activity on the County's part to work on their zoning, I think we should meet with these people nd see if we can talk to the County and talk over this matter, I have been informed indirectly there might be a question of the City of West Covina taking in the entire piece and squaring that property up to -Home Savings and Loan. This will be a little complicated, Councilman Jett: Move that the City Manager be authorized to meet with the applicants, KrEmmereiEngineering, 'and discuss the problem with them and the County and see if a mutual decision can be arrived at, Councilman Krieger: The applicant in the motion is not the applicant on the agenda? Councilman Jett: No, I mean Kremmerer Engineering and their.clients. Action on Councilman Jett's motion: Seconded by Councilman Nichols and carried, Motion by Councilman Heath, seconded icy Councilman Kriegero and carried, that Zone Change No, 311 be apptoved subject to annexation to the City of West Covina, -17- VARIANCE NO; 505 LOCATION, 1100 East Cameron First Baptist Church of West Covina between Gretta and APPROVED Gaybar Request for non -conforming height use in Zone R®l. approved by Planning Commission Resolution.No, 1609, Called:up.,by Council on May 259 1964, City Clerk, Mro Flottens (Read Planning Commission Resolution No, 1609,) Mayor Snyder, This is the time and place for the public hearing, .IN FAVOR `Mr, Howard Erickson I am moderator of the church, Attorney the applicant here, We don't 104 South Glendora Avenue plan that everybody get up and West Covina speak and.we will try to organize our presentation so we don't repeat things and waste the Councills.time, We feel we have something here that is important to the church and to the City, ,have'-something e feel we have planned here a church and a tower that will be a •thing of beauty, We feel this is in keeping with the policy of the City. This tower is architecturally .sound, We know the City is concerned about architecture. We also feel that we have complied with the law as far as the application for a variance is concerned, The ordinance provides that in order to get -a variance that there mutt be exceptional or extraordinary circumstances. Churches are a permissive use in R-1 zone and our church has been so approved,. The ordinance also provides that the variance should be necessary for.the preservation and enjoyment.for a substantial property right possessed by other property in the same vicinity and zone but denied to tht property in question, The property right here is that of a church, In a church property the tower is traditional and it is as much of a right in a church'as a chimney for a home, There is no showing that this would be injurious and was none at the.Planning Commission hearing; no one spoke up at that meeting against this. and we feel there cannot be anything injurious about a tower that is part of the architectural scheme of the building, The ordinance provides that in the variance it should not effect the General Plan, The General Plan has to do with land use and not: with the construction of a building, Here the land use Chas already been approved and been in effect for the past ten years. I feel we have,fulfilled the requirements for a variance in this.casee .'Mr, Bill Davis.. The masonry element is only 45 Architect feet; the cross projects up 16118 Blackwood, beyond that another 15 feet, Valinda The architectural concept is one of simplicity; it isn't one that could be considered a controversial forme Here we have tried to be compatable with the surrounding community, There are many houses in the area that have used brick as a part of their materials and design styling, I have studied the site.from the surrounding. residential areas and.I have been unable to find that.this.tower would be objectionable in obstructing anyone's view to any particular surrounding scenic beauty, We have paid particular attention to the illumination problems here. We have three peaks on either side C, C, 6/22/64 Page Nineteen .'VARIANCE. N0, 505 - Continued • of the tower, At these three points there are three lights which are focused back and ups away from the,residential areas across .the street, The lights would'be focused on the'tower in a vertical manner, Rev, John Gunn I rise.to speak to the point of .808 Gretta the symbols. This is not a West Covina sign; it does not flash with any religious.cliches; it is merely a.symbol that has become used throughout all of Christendom as, that which means anansaer to a need and if a cross can mean that in our community I say it needs to be seen, We have spire.s.in our town that indicate commercial areas; we have signs of grotesque sizes and lights which way "here we are; come buy what we.have", but here is a simple smybol which says "we have something -for you":and what the church has to offer is what this town needs; what this Council needs; and I suggest here is an opportunity to break through a very simple barriers to say something that needs to be said and I ..submit to you that it needs to be said now and we would like to be a part of the saying of it, There being no further public testimony, the hearing was closed, Councilman Heath: I was the one to call this hearing before the Council and I have -certain reasons for bringing it before this. -group,, If we look back in the history just a couple of years back we'have had a test case where a sign was attempted to be erected before a church on Lark Ellen across from the Wash, It was free standing in front of the building, It was the ruling of our City Attorney and the policy of the Council at that time to establish the fact that a cross was a sign and -it came under the sign ordinance, Since that times we have operated in this City that a cross is a sign and comes under the sign ordinance, We have held steadily in the past years to the ordinance as to height, 35 feet, I can site case after case after case where these signs were held to that height regardless of what the requests were, The policy has been established in the pasta The thing that caused me to call this up more than anything else was the fact of a variance, We have certain laws in the City called ordinances. In order to establish a variance there must be four qualifications met and if these four qualifications are not met and ifwe permit the use we are saying to the people of the City and to ourselves that we are granting a right to violate the law, Mr. Joseph, what are the four qualifications that must be meet for a variance? Planning Director, Mr, Joseph: This is Section 9222,2, (a) Before any variance may be - granted it shall be shown that there are exceptional or extraordinary • circumstances not applicable generally to the other property or class of use in the same vicinity or zone, Councilman Heath: I would take that to mean that other churches would have been permitted to have this height sign and if they were that we could then permit the variance on that ground, Planning Director, Mr, Joseph: The next is (b): That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question, -19- C, C, 6/22/64 Page Twenty VARIANCE N0, 505.- Continued . . Councilman Heaths It would mean in the immediate vicinity there..would have'to be all other churches which had the same height sign and this would permit this church to have the same privilege of those in the immediate vicinity, Planning Directors Mr, Joseph.: (c) That the granting of such variance will not be materially detrimental to'the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is.locatedo Councilman Heath: I have no question that this . would not affect the neighbor- 4900o I do not think it would bother the people in the neighborhood but'I do feel it will seta precedent for other sections of the Cityo In the past'we have held firm to a certain height, I think in this case this church should be granted the same conditions that any other church has been granted. This application has not meet the four requirements of a variance, -I believe it will set a precedent.if -it is permitted to goo I am not arguing the beauty of it, We are.deliberatelysaying to ourselves and to our City that we have a law and we are saying to go ahead and violate the law •because although you have not met these requirements or qualifications we will let you,.,g'o ahead. I don't think it is right, Mayor Snyder: What is.the fourth condition? Councilman Heath: That is conformance to the General Plan.. Mayor Snyder: on all four items.or any one of the City Attorney, Mr, Williams: Mayor Snyder: City Attorneys Mr, Williams: Does the ordinance on variance require that there be a showing four? All four, We have never done this in the past. You don't necessarily have a separate showing on the four. Councilman Nichols: At the penalty of being very repetitiouss Mro Josephs would you read those first two again with a short pause after the first one? Planning Director, Mro Joseph: (a) Before any variance may • be.granted it shall be shown that there are exceptional or extraordinary circumstances not applicable generally to the other property or class of use in the same vicinity or zone, Councilman Nichols: I would interpret that to mean that this church exists there and has circumstances that are exceptional and that are not applicable to other property in the same'. zone; Section (b), please, -20- Ca C. 6/2'2/64 VARIANCE NO, 505 - Continued Planning Directorg Mr. JoseP'h.: and enjoyment of a substantial property in the same vicinity property in question.. Page Twenty -One (b) That such variance is necessary for the preservation property right possessed by other and zone but which is denied to the Councilman Nichols: In my interpretation I would. say that this is not an applicable.position because the church is in that area on a use permit and there is no other property against which it -could be compared of similar nature. I.think it is a matter of interpretation of these different provisions as to how one reaches a conclusion. I certainly can understand Mr. Heath's reasoning but I also wanted to demonstrate that as.a novice at this sort of thing I react a Tittle bit differently' Mayor.Snyder; Mr. City Attorney$ if it was you that said crosses or church towers are considered signs$ was this an opinion or a legal rendering? Did you take into consideration that traditionally churches, whether they are Jewish or other faiths$ have used a tower as part of their symbol? • City Attorney$. Mr, Williams: We had the problem in an application to build a separate structure from the building which would have been a tower with a cross.on it. I did give a.legal.opinion. Our ordinance says "sign or symbol" or a number of things and the very word they use is "symbol" so I said they were building a symbol. Some ordinances exempt towers. Certain architectural.features9 steeples and the like$ are exempted in some ordinances. Whether this is or isn't a symbol or ,a sign has nothing to do with the legalistics of it. They want to build a part of their structure that exceeds the height limit. Councilman Krieger: There doesn't seem to be any serious question to this being adverse to the General Plan. We have heard no objecton.,which.would lead one to believe that at least the contiguous properties don't feel it is detrimental or injurious to their property which reduces it to a consideration, of the first two requirements of exceptional or extraordinary. This is a permissible use in a R-1 zone. I assume that it is exceptional or extraordinary to the use of a church. As to the preservation and enjoyment of their substantial property right$ I believe we have heard arguments where it is necessary to the preservation and enjoyment of a.substantial right$ that being the property right of the church. I have a feeling that the two requirements. that apparently are in dispute would be satisfied in this instance. Mayor Snyder: In this case I think to a certain extent our ordinance is defective because in my mind they failed in drawing up this ordinance to take cognizance of the fact that a tower is'a symbol of any church$ not just the Christian.Church$ but throughout the centuries this has been so. ` -21- • Councilman Jett: I. think Councilman Heath has certainly brought out a point that bears out a condition existing i,n our sign ordinance that has been the source of considerable.debate.resulting in our requesting. the.Planning Commission to completely review the sign ordinance with the possibility of amending several of these sections that imposed .this requirement of a variance,_witneso thenumber of variances last year, To me this certainly indicates that there is something wrong with our ordinance that would even require an application or a .variance for something in my opinion as symbolic as a steeple or cross on a church. Very rarely do I hear "in my opinion this meets the requirements of a variance",: It has always been "you have not met the requirements"o Personally, I think this is a wonderful thing for the church but I certainly think that the members of the Council should give real serious consideration to the remarks made by Councilman Heath because every bit of it is fact and I think we should do something about our sign ordinance. I do not object to this application but I certainly do want.something done about our sign ordinanceo EJ Councilman Krieger: On the.calling up of this . matter, I must.state having listened to the presentation and the analysis of the Planning Commission that I am pleased that this matter was called -up because it was heard and I hope will be decided on the variance law,of West Covina and not upon the basis of an unclassified use permit, I thought the presentation and the analysis of this particular matter at the time it was before the Planning Commission was based upon an unclassified use permit more than it was a variance so I am pleased the Council has discussed it and reviewed this situation based on the requirements for a variance, Councilman Heath: It is quite evident that the present Council is interpreting the qualifications for a variance much differently than the previous :Councils have interpreted it, What I stated before was the interpretation that previous Councils had given to a variance and the application of a variance. If the majority of this Council interprets these differently then I -think this is the way it should :go, I:.still think that the sign ordinance should be.reviewed,. Mayor Snyder.: Although it {sounds rather rigid, the interpretation of the -.variance is rather flexible and in the past it has worked that way,' Motion by Councilman Krieger, seconded by Councilman Nichols, and carrieds that..Variance No, 505 be approved for the church tower not to exceed 60 feet in height, (Councilman Heath voted "No",) CoC, 6/.22%64 Page.Twenty-Three HEARINGS Continued, • ZONE CHANGENO0 �• 306 LOCATION1920 Pacific Lane Charles Dean Pray & Jacqueline between Pacific Avenue Pray and Ca F; Diggs and Orange Avenue, APPROVED Request to reclassify from .Zone R®A to Zone R-3 approved by Planning Commission Resolution No, 1615, City Clerk, Mr, Flotten: (Read Planning Commission Resolution No, 16156) Mayor Snyder: This is the time and place for the public hearing, I'N FAVOR Mra Dean Pray We are asking for R-3 because 1920 Pacific Lane we 'are becoming surrounded West Covina with R-30 There being no further public testimony' the hearing was closed, Motion by Councilman Krieger$ seconded by Councilman Heathq and carried.that Zone Change'Nos 306 be approved, ZONE.CHANGE NO.. 307 LOCATION: 521 South Glendora Joseph .6 Thelma Riding between Christopher and APPROVED Walnut Creek Parkway, Request to reclassify from Zone R-A to Zone C-1 approved by Planning Commission Resolution No, 1617,. City C1erkq Mr, Flotten: (Read Planning Commission D w.. ..,.. d. ... IT— , C1 ^/ Mayor Snyder: This is the time and place for the public hearing, IN FAVOR Mro Joseph Riding I am here to say that I concur 521 South Glendora with the Planning Commission's West Covina findings, We believe the subject property is in an area .where C zoning is applicable and we believe we have fulfilled all of the requirements, There being no further public testimonys the hearing was closed, Motion by Councilman Kriegerg seconded by Councilman Heath, and carried' that Zone Change Noo 307 be approved, -23- Co Co 6/22/64 ,HEARINGS m Continued ZONE CHANGE N0, 3.09 William 8 Mary.Hensley. APPROVED Page Twenty -Four LOCATIONS 1914 Pacific Lane .between Pacific and Orange Avenues, Request to reclassify from Zone R-1 to Zone C-1 and/or R-3 approved as to R-3 by Planning Commission Resolution Noo 1618, City Clerk, Mr, Flotten: (Read Planning Commission Resolution Noo 1618,) Mayor Snyder: This is the time and place for the public hearing, IN FAVOR Mr,.William Hensley All around us is R-3. We 1914 Pacific Lane wish to go along with the West Covina rest of themo. There being no further public testimony, the hearing.was closed,, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Zone Change No. 309 be:approved as to A-3, ZONE CHANGE NO, 310 Thomas Overall APPROVED. LOCATION: 1306 Mardina between Lark Ellen and Toland, Request to reclassify from Zone R-A to Zone R-1 approved by Planning Commission Resolution No..1619. City Clerk,_Mr,, Flotten; Mayor Snyder: (Read Planning Commission Resolution No, 1619,) 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 Nichols, and carried, that Zone Change No. 310 be approved rezoning .the property from R-A to R-16 PROPOSED AMENDMENT NOo 63 Request to amend the West City Initiated. Covina Municipal Code so as to • APPROVEDconsider the placing of Recrea- tional uses in any of the commercial zones in the 'City and/or under unclassified use permit, Approved by Planning Commission Resolution,N6,.1620:, City Clerk, Mro Flotten: .(Read Planning Commission Resolution No, 1620,') You have a memo in your packet regarding this matter from the Police Chief, We have an additional memo frobi the Planning Director directed to Mr. Williams,regarding this matter,. (Read said memorandum,) �24- 6/22/64 FR'0'POSED AMENDMENT NO. . '63. -Continued, ....tee Page Twenty -Five Pla nning. Director, Mr, Joseph:, Mr,. Sill is very eager to get this ordinance adopted regarding billiard parlors, Councilman Krieger: With respect to the billiard room ordinance, I am not prepared to vote on that matter tonight,' With reference to the resolution, I had''the benefit of.the presentation of the Planning Commission and I would concur in it, Mayor Snyder: This is the time and place for the public hearing, There being no public testimony, the hearing was closed, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that Proposed Amendment No, 63 be approved, City Attorney, Mr, Williams: What you acted on will relate to zoning, We have in the code with respect to certain businesses certain specific regulations, We could require billiard parlors or pool halls be whatever they are to be., carpeted, 50% of the wall space must be glass.or windows, • et cetera. This would be added not as a zoning matter, It would be added to the regulatory'provisions of the ordinance. We have a sample ordinance drawn up. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the City Attorney be directed to prepare and submit to the Council for its approval an appropriate regulatory provisions for a family type billiard parlors in the City of West Covina, CITY CLERK'S REPORTS (Continued) RESOLUTION NO., 2953 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL A'11-61-2 OF THE CITY OF WEST COVINA ADOPTING THE PROFILE AND IMPROVEMENT PLAN FOR THE SPECIFICATIONS FOR THE IMPROVEMENT OF THE BARRANCA STREET AND VIRGINIA AVENUE SANITARY SEWER DISTRICT" (A'11-61-2) 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. 2953 -25- C. Ca 6/22/64 CITY CLERK'S REPORTS Continued RESOLUTION NO, 2954 ADOPTED A'11-61-2 Mayor Snyder: Page Twenty -Six The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE,,CITY OF WEST COVINA DECLARING ITS INTENTION TO IMPROVE BARRANCA STREET, VIRGINIA AVENUE AND OTHER STREETS AND RIGHTS' OF WAY IN CONSTRUCTION OF A SANITARY SEWER SYSTEM IN THE CITY OF WEST COVINA9 DETERMINE THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREOF AND DECLARE THE WORK TO BE MORE THAN ORDINARILY AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON THE DISTRICT" (A111-61-2) Hearing no objections, we will waive further reading of the body of the resolution, 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 resolution was given No, 2954, RESOLUTION NO, 2955 ADOPTED Street Lighting and Assessment District #64-66 Mayor Snyder: The. City Clerk presented: " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND ORDERING THE FILING OF THE REPORT OF THE TRAFFIC AND LIGHTING ENGINEER OF SAID CITY FOR THE FURNISHING OF ELECTRICAL CURRENT AND MAINTENANCE AND FOR THE INSTALLATION OF CERTAIN LIGHTING FIXTURES AND APPLIANCES IN STREET LIGHTING ASSESSMENT DISTRICT NO, 64-66" 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, 2966, -26- • Co Co 6/22/64 CITY CLERK'S REPORTS - Conti V'ed RESOLUTI ON N0, 2956 ADOPTED f Street Lighting Assessment District #6.4-66 Mayor Snyder: Page Twenty -Seven The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA MAKING A CONTRIBUTION OF PUBLIC FUNDS TO AID AND ASSIST IN PAYING A PORTION OF THE COST INCLUDING INCIDENTAL EXPENSES FOR FURNISHING OF ELECTRICAL CURRENT AND MAINTENANCE AND THE INSTALLATION OF CERTAIN STREET LIGHTING FIXTURES IN THE CITY OF WEST COVINA AS SHOWN ON PROPOSED DIAGRAM AND PLAN NO, 64-66 AND INSTRUCTING THE CITY TREASURER TO ESTABLISH A SPECIAL FUND TO BE KNOWN AS THE STREET LIGHTING ELECTRIC CURRENT AND MAINTENANCE AND INSTALLATION FUND, STREET LIGHTING ASSESSMENT DISTRICT NO, 64-66" Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heathq seconded by.Councilman Kriegerq that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jettq Krieger, Nichols: Heathy Mayor Snyder Noes: None Absent: None Said resolution was given No, 2956, RESOLUTION N0, 2957 ADOPTED Street Lighting Assessment District #64-66 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO ORDER CERTAIN LIGHTING STANDARDS, FIXTURES AND APPLIANCES ON CERTAIN STREETS AND PUBLIC PLACES IN THE CITY OF WEST COVINA TO BE INSTALLED9 MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES FOR A PERIOD OF TWO YEARS BEGINNING JULY 19 1964 AND ENDING JUNE 30% 1966 FOR STREET LIGHTS IN ASSESSMENT DISTRICT NO, 64-66" Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution, -27- • • C, C, 6/22/64 RESOLUTION N0,.2957 Continued, Page Twenty -Eight Motion by Councilman Heathq seconded by Councilman Nichols, that said resolution be adopted, Motion passed on roll call a-s-follows: Ayes: Councilmen Jett, Krieger, Nichols, Heathy Mayor Snyder Noes, None Absent:. None Said resolution was given No, 2957, LIGHTING ASSESSMENT DISTRICT .62-1 APPROVE FUND FOR OVER -PAYMENT OF ASSESSMENTS APPROVED LOCATION: 332, 333 Hollow;..333, 334 Yaleton; 333, 334 Foxdale; and'333, 334 Nora (Tract..12002, Lots 14y 159 309 319 469 47, 62. and 63), Approve.a refund of $33,40 each for the money of over -assessment charged on above mentioned lots, Money to be refunded from the LAD 62-1.Account No. 142, Authorize Finance'Department to make out the refund checks and return to the Engineering Department so they may prepare the letter of explanation to each property owner, Staff recommends approval and authorization to Finance Department to make refund,. Motion by Councilman Heath, seconded by Councilman Nichols, to approve the refunds for overpayment on Lighting Assessment District No, 62-1 in Tract No, 12002, Lots 14, 15 309 31, 469 479 62 and 63, in the amount of $3300 each, Motion passed on roll call as follows. - Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes, None Absent:. None RESOLUTION NO, 2958 A joint resolution by the County ADOPTED of Los Angeles and the City of Azusa Ave. south of Francisquito West Covina, Motion by Councilman Nichols, 'seconded by Councilman Heath, and carried, to accept and approve of the project report, The City Clerk presented, "A JOINT RESOLUTION BY THE COUNTY, OF LOS ANGELES AND THE.CITY OF WEST COVINA HEREINAFTER REFERRED TO AS THE LOCAL AGENCIES REQUESTING THE DEPARTMENT OF PUBLIC WORKS TO RECOMMEND AND. THE- CALIFORNIA HIGHWAY COMMISSION TO ALLOCATE FUNDS UNDER THE PROVISIONS OF SECTION 143-3 OF THE STREETS AND HIGHWAYS CODE FOR THE IMPROVEMENT OF AZUSA AVENUE iETWEEN FRANCISQUITO AVENUE AND AMAR ROADS HEREINAFTER REFERRED TO AS PROJECT; AND -28- Ca Ca 6/22/64 RESOLUTION NO, 2958 - Continued Mayor Snyder: Page Twenty -Nine DESIGNATING THE COUNTY OF LOS ANGELES AS THE COORDINATING AGENCY AND THE ROAD COMMISSIONER OF THE COUNTY OF LOS ANGELES AS COORDINATOR OF THE PROJECT WITH THE APPROPRIATE OFFICIALS OF INTERESTED AGENCIES" Hearing no objections., we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Nichols, that said resolution be adopted,' Councilman Jett: I think this is of such magnitude that perhaps the new members of the Council should get with the City Manager and let him brief them on this entire program, City Manager, Mr, Aiassa: Councilman Jett-, obtain dedication on all these resolutions? (Read report re this matter,) What position does this put us in if for any reason we do not this property and we are committed with all City Manager$ Mr; Aiassa: We.will hold up the project, We have talked to the County Road Commissioner and they have not made any overtures to Mr, Oschin, He has been abroad, The hope is he will grant the right of waye Councilman. Jett: This is a project that is needed so badly, City Manager, Mr, Aiassa: I.have written to Mr, Oschin already and Mayor Snyder has made contact with him. The next contact will be through the County, Action on Councilman Heath's motion: Motion passed on roll call as follows Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes- None Absent: None Said resolution was given No, 2958, 0 RESOLUTION N0, 2959 ADOPTED Sec. 2107.5 Street & Highway Code Mayor Snyder: The City Clerk presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING BUDGET PROPOSALS FOR EXPENDITURE OF FUNDS ALLOCATED UNDER SECTION 2107,5 OF THE STREETS AND HIGHWAYS CODE" Hearing no objections, we will waive further reading of the body of the resolution, -29- C. C, 6/22/64 Page Thirty RESOLUTION NO, 2959 Continued • Motion by Councilman Nichols$ 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. 2959, 'PLANNING COMMISSION TRACT NO. 29725 LOCATION: 913 South Hollenbeck Leslie Pierce between Alaska and APPROVED Thackery City Clerk, Mr. Flotten: (Read recommended conditions for this.traet from the Planning Commission,) Mr. Wallace Hanna: We own the land to the north of that particular tract. There is a serious drainage problem there. I hope I don°t.stand in the way of Mr. Tucker trying to develop his.property; that is not my concern at the moment. My concern is that as the land is presently occupied now the run-off is adequate because there are numerous trges and there are certain facilities that take care of the run-off now but with additional homes and the tearing out of the debris that is existing there now without any facility for that water.to be taken and utilized and insomuch as we have adobe soil it will not seep down as much as it would if it were sandy. Allwon Corporation built the tract to the north of that and they left the land in such a deplorable situation that I could have a six--f`oot pool of water there before it would ever go into the drain. I have discussed this with the City Engineer and his assistant but I have been informed that they have a year or a considerable amount of'time before this condition is eradicated. If we should happen to have a tremendously wet winter I am sure that the situation would be an unsanitary condition. Without some facility' to take careof the run-off I believe that the development would not be in proper .keeping with the conditions that we would like to maintain in the City of West Covina,, City Manager, Mr, Aiassae There is.a provision in the Engineer's recommendation that the drainage solution indicated On.the tentative tract map is not an acceptable solution. The satisfactory correction to the public street or'drainage easement must be provided and provision made for .improvements to a satisfactory outlet. Before this property is allowed to be developed as indicated or tentative tract, it is recommended that the Planning Commission'determine to their satisfaction a suitable plan of development for adjacent property to the north; this was adopted by the engineers. Councilman Heath: I.have been over this property and there is a terrific hole in this property which.has accumulated the water in the past and allowed it to seep into the ground. When this development goes in there will be a street and roofs of houses to shed the water. No _30- • Co C. 6/22/64 TRACTNO. 29725 9. Continued Page Thirty -One matter how they.take care of the water on this tract it is going to go down through the Allwon Tract and the man at the bottom is going to get flooded, I think this provision should specify not only a suitable drainage solution on this tract but further down the line also because that.house shown in. -the dotted lines I feel can be flooded out if this tract goes ino Public Services Director, Mr, Adams: A suitable drainage provision has yet to be provided to meet the requirements of the Engineering Department, Councilman Jett: Don't we have a provision where we require a subdivision to show proof of drainage and acceptance of water? I 'think this would be a Ipositive provision,,. Councilman Nichols: acreage here into the subdivision; precise plan, Planning Director, Mr, Joseph: Mr, Jospphq we are only approving the division of the I assume there is to be a No, Precise plans are not used in R-1, Councilman Nichols! Why is an action recommended to the Council when there is a particular and perhaps unique condition existent which must be solved` before in effect this individual can go ahead and develop this property? Why does the Planning Commission and Planning Department recommend to the Council that we approve a tract when in effect the City has not.yet resolved the basic problem that will prevent this tract from being developed? Mayor Snyder: The approval was contingent upon that, Councilman Krieger: I do remember the Planning Commission paid a great deal of attention to this particular situation, Planning Director, Mr,, Joseph: Prior to the final map being submitted to you, a solution must be resolved by the applicant and the City Engineer and reported back to you at the time of your final map, Councilman Nichols: When you attach this condition you are actually requiring that this man bring in a sort of precise plan for a specific dondition? Planning Director, Mr, Joseph: In that manner, the answer is yeso City Attorney, Mr,. Williams: A tentative map is an assurance by the City if you finalize this and bring it in in conformance with this we will approve it, You are saying yes,,we will approve it but on condition you have solved the drainage problem to.our satisfaction, -31- C, C, 6/22/64 'TRACT NO; 29725 Continued Page Thirty -Two • Motion by Councilman Heath, seconded by Councilman 9 Krie er and g carried, to approve Tract No, 29725 subject to the recommendations of the.Planning Commission, Drainage question settled to city staff's acceptance. TRACT N0, 29909 LOCATION: West side of Barranca Hircon Builders between Walnut Creek Wash and Mesa Drive, 9,3 Acres - 1 Lot - Area District III, Approval recommended by the Planning Commission on June 17, 1964, City Clerk, Mr, Flotten: (Read recommended conditions if approved,) Councilman Jett: Mr, Williams, has the Real Estate Commission finally resolved the condominium concept whereby they are now willing to issue a Commissioners Report? City Attorney, Mr, Williams: I am not very familiar with the Real Estate Commissioner's rules because a City is not directly effected by them, I understand the Real.Estate Commissioner has done so and has issued these reports. He requires that you obtain a report, Also, you need a permit from the Commissioner of Corporations, Councilman Jett: I have heard that they are having difficulty getting a Commissioner's approval on a condominium because of the difficulty"in identifying the individual lots, City Attorney, Mr, Williams: There may be administrative difficulty but I think since 1963 legislature there is no legal difficulty because the Legislature has spelled out the rules pertaining to condominiums in 1963, Councilman Krieger: I would request that the letter from the East Hills Home Owners Association dated June 9, 19649 copies of which I believe each member of the Council has, and directed to the Planning Commission, be spread upon the Council Minutes in full, "The East Hills Homeowners Association was recently formed to protect the interests of the West Covina homeowners residing in the eastern sector of the city, principally from Citrus east and from the northern • city limits east of Citrus to the hill area behind the South Hills Country Club, "We are anxious to retain our area as one of the finer residential areas of our city and are concerned with maintaining and projecting the overall image of West Covina as exemplified by its present Council and the majority of its citizens, -32- Ca C, 6/22/64 TRACT NOd 29909 - Continued Page Thirty -Three "Representatives of our organization request permission to appear before your body to discuss the present zoning on the west side of Barranca Avenue between Garvey and'Mesa Drive and on the east side of Citrus, north of Vanderhoof,Drive, We ask that this matter be placed on your agenda of`Wednesdayo June 179 1964," /s/ John F, Kunath9 President Councilman Krieger: The zoning on this property is.R-39 is that right? Planning Director. Mr, Joseph: Yes, It has been R-3 since November of 19580 City Attorney, Mr, Williams: If it is R-30 it is proper for multiple family, If the multiple family is proper it shall not be denied because it is condominium instead of rented, ..Whether it is rented or it is.sold off in units makes no difference; it is the physical development, Of course, you could rezone but if you don't rezone and give no further reason except you don't like multiples, that is not a decision that would stand up in court, If this is not expressly disapproved, it is deemed approved, s 0 Mayor Snyder: We will.not take any action on this, If no action is taken, then it is automatically approvedo METES.& BOUNDS 135-227 LOCATION; 2625 East Vanderhoof; Jess N. Swanson north of Vanderhoof APPROVED and east of Citrus, 1,466 Aeres.- 3 Lots,- Area District III, Approval recommended by the Planning Commission on June 17, 1964, City Clerk, Mr,.Flotten: (Read recommended conditions if approved,) Councilman Heath, I hope we won't charge this man the.cost of putting in improvements for half a street, et cetera, and then all of a sudden find out,.that is where.we are not going to put the street, Planning Director, Mr, Josephr The Planning Commission thought of that, too, and they agreed they would accept the bond at the present time, City Attorney, Mr, Williams: A bond guarantees the agreement, If the agreement -says these shall be installed within a year and that is the usual.term of agreement, that is all the bond guarantees, At the end of the year you are not going to have it put in because you are waiting for another lot or.something then you have to have some different term in the agreement that if it is not installed within the year that cash will be deposited or this bond and agreement will remain good, The question is'.does this street serve this man, I don't think it does; I think it is designed to serve other people, 33 • C; Ca 6/22/64 Page Thirty -Four METES BOUNDS N0; 115-227 Continued' Planning Director, Mr,, Joseph: You can't say that because of the bluff situationa This may be his only way to get to this particular piece of property,, You should change the subdivision agreement that he shall either improve... this within a year or post with the City the money required to do it. Councilman Heath: If it goes for two to three years he will be assessed against the lot for those improvements, wouldn't he? City Attorney, Mr, Williams: Councilman Jett: Mayor Snyder: If you did it on the assessment district. I can't see a 1911 Act being placed in that area there for subdivision. Besides that, how often have we done that in the past? Not often. .City Attorney, Mr. Williams: If you want the street put in, do what the Planning Commission did; make them post.a bond., They will work it out later some way or another. When the final comes in you will see the actual agreement,, Mr, Bill Lane I represent Jess Swanson in 228 East Rowland. this* Do you mean at the end Covina of a year that Jess Swanson would have to put in the curb and gutter and a half -street along the north side of these lots? City Attorney, Mr,, Williams: Either that or a guarantee that when the City demands that he puts those things in that he will. Mr. Bill Lane: Would he.have to renew this bond each year and pay the premium? City Attorney, Mr. Williams: If you write in this agreement in such a way that the time of performance is in the agreement yourselves and you are not extending the time of performance, the original bond will cover that. The way these things are usually handled where it is an indefinite street is an open offer of dedication but the City apparently wants something more than that. Mr. Bi11;Lane: will pay his share if he have to.put in the at this time? Councilman.Jett: I think it is reasonable that you be assured that Jess Swanson and when the street is ever put in. Would sidewalks and curb and gutter along Citrus With that big hill in there, there has been no final de- termination on that,, -34- 0 e.'C. 6/22/64 METES 6 BOUNDS NO. 13.5-227 - Continued Councilman Heath: Some where along the.line I understood that Citrus has a storm drain going to go down there and it will be dropped to a level lower than it is at the present time, For him to put in curbs and gutters.now wouldn't be .fair. Public Services Director, Mr. Adams: It, was a bond for improvements, The storm drain has a good chance City Attorney, Mr;.Williamss Mr. Bill Lane,: of going.sometime early next year. The Planning Commission Resolution said "shall install or adequately secure". I think he is willing to do it when it is needed, Councilman Krieger; It.seems to me the Planning Commission conditions cover the situation and Mr. Lane.says his client is willing to go along with this. Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that Metes and Bounds Subdivision No, 135-227 be approved S subject to the conditions of the Planning Commission. REVIEW PLANNING COMMISSION ACTION OF JUNE 31 1964 RECREATION $ PARKS None GENERAL MATTERS ORAL COMMUNICATIONS HELICOPTER ADVERTISING AT EASTLAND So indicated by Mr. Flotten. No items called up. Mr. Cable We are in the process of trying Cable Flying:Z ervice to advertise for Eastland Upland Shopping Center. You turned us down because of the noise situation. We are here tonight to try.to persuade you it isn't a a noise situation, We are trying to advertise for your shopping center and we are doing it with a helicopter which is something new. .We have done this in the past and we .would like to have your consent and at any time that you gentlemen think we are making too much noise you come out and tell us about it. I will let our pilot.explain it to you. -35- 0 I 0 Co Co 6/22/64 HELICOPTER ADVERTISING AT EASTLAND Continued Page Thirty -Six Mr. John Farrer We have done many of these Helicopter Pilot operations, We did one in Cabel Flying Service Pomona, There were no objections concerning noise and safety. We are talking about a considerable number of landings, If I didn't think it was safe, I wouldn't fly;. The area'we have in mind is the extreme east end of the parking lot which is a natural three -sided area and we would put a rope across the fourth side. The approaches would be over an open parking lot. This particular area is just about a.tenth of a mile east of. the May Company and a little over a tenth of a mile north of the freeway. I don't believe it would be hazardous from the standpoint of distracting people on the freeway. I will be happy to answer any questions, Councilman Jett.: Would you'be flying over the freeway? Mr, John Farrer: No and not over any residential area, Councilman Heath; If you go back about four years ago we had a certain group that decided to use that identical area for gocarts, which are much less noisy. We had people practically coming down here with arms after the Council to tell us to knock it off and the noise bothered them and if those little gocarts would bother them the helicopters will bother them. The sound travels, Mr. John Farrer; The trucks going back and forth make more noise than the helicopter and we don't anticipate operating on Sundays, We would like to do it the lst, 2nd and 3rd of July, Mayor Snyder; Mr, John Farrer: altitude where it wouldn't b and you wouldn't be over the start at 9:30 in the morning Councilman Heath; Where would you go for a five- minute flight that you wouldn't end up over residential? e If you were over a residential area you would be at such objectionable. I would vary my route same area all the time. This would until 7:00 in the evening, showing up at City Hall will call the Mr. John Farrer; We could grant it subject that the first armed citizen whole thing, off. We will be glad to do it on that basis. If anybody complained, we will eliminate it. Councilman Krieger; The factor was the noise and not the danger, I can't foresee the Council going out to see whether or not they are making too much noise. -36- Co C. 6/22/64 Page Thirty -Seven HELICOPTER ADVERTISING AT EASTLAND .•Continued • Mayor Sh der; If he ould.sta over the freeway Y Y W Y Y or rel4tively over the freeway at a certain altitude, he does have quite a distance to get to the residential areas, Councilman Heath: Grant him permission but under the provision that if .the people in the area begin to object we leave it up.to.the Chief of Police to call a halt to it, . City Manager; Mr, Aiassao We need public liability and insurance, .Mr, John Farrier: I have already submitted to the City of West Covina with a certificate of insurance in the amount of five million, Councilman Heath: The.ordinance in our City states that any landing has to have a fire truck and fire extinguisher and a roped off area, Mr, John Farrer: We.will have it roped off and the Eastland Shopping Center has taken care of notifying the Fire Department, Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that the Cable Fly_ing'. Service 'be; given permission to carry on helicopter flights -out of the Eastland Shopping center at the east end on July 19,2, and 3, from 9;30 in the morning to 7:00 in the evening subject to the approval of the City staff and necessary departments and with the further provision that should the neighbors cause due alarm that the Chief of Police use his discretion as to. when to call it off and further that they will furnish the City with the necessary insurance; (Coun(cilman Krieger voted "No".) WRITTEN COMMUNICATIONS None CITY ATTORNEY ORDINANCE NO, 864 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL Z. Co 284-Merry OF THE CITY OF WEST COVINA . AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 284, Merry) Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance, -37- t i C, C. 6/22/64 Page -thirty -Eight ORDINANCE NO. 864 .. Continued. • Motion by Councilman Heath, seconded by Councilman Jett, that said ordinance be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Mayor Snyder Noes: :Councilmen Krieger, Nichols. Absent: None Said ordinance was given No. 864, ORDINANCE NO. 865 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL Z. C. 299-Hepner 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 Kriegero that said ordinance be adopted, Motion passed on roll call as follows. - Ayes: Councilmen Jett, Krieger, Heath, Mayor Snyder Noes None Absent: None Abstained: Councilman Nichols Said ordinance was given No. 865. ORDINANCE NO, 866 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL Z. C. 300-Croaff 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 reacting 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, Heath, Mayor Snyder Noes: None Absent: None Abstained: Councilman Nichols Said ordinance was given No. 866 -38- • • Ce C, 6/22/64 Page Thirty -Nine CITY ATTORNEY - Continued ORDINANCE INTRODUCTION Z. C. 303-Bowker. 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 3039 Bowker) Motion by Councilman Heaths seconded by Councilman Nichols$ and carried, to waive further reading of the body of the ordinance,, Motion by Councilman Heath, seconded by Councilman Nichols$ and. carried$ that said ordinance be introduced ORDINANCE INTRODUCTION Z.C. 304-Fairfield Homes 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 30.49 Fairfield Homes) 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 Krieger, and carried► that said, ar.dinance be introduced,, ORDINANCE !NTRODUCTION Condominiums The City Attorney presented: "BAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADDING CERTAIN PROVISIONS TO THE WEST COVINA MUNICIPAL CODE RE_LA_ TING TO CONDOMINIUMS" City Attorney, Mr. Williams: This is to bring the Code into conformance with the State 1gw,, It amends' a provision of the Subdivision Cha tibr to state that a unit in a condominiuM is not considered a lot., This conforms to the 1963 State law and amends the conditions in the zoning chapter in the same respect. Motion by Councilman Heaths seconded by Councilman Krieger, and carried, to waive further reading, of the body of the ordinance. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that said, ordinance be introduced.. -39 0 • Ca Ca 6/22/64 CITY ATTORNEY - Continued RESOLUTION NO, 296D ADOPTED Corley-Foodmaker Company Mayor Snyder: Page Forty The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A REQUEST FOR A VARIANCE AND PRECISE PLAN OF DESIGN" (Corley- Foodmaker Company) . 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, 2960, RESOLUTION NO, 2961 ADOPTED Leonard Gleckman Mayor Snyder: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF.WEST COVINA REAPPOINTING LEONARD GLECKMAN TO THE PLANNING COMMISSION" 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.ro.11 call as follows.: Ayes: Councilmen Krieger, Nichols,, Heath, Mayor Snyder Noes: CouncilMan.Jett Absent: None Said resolution was given No, 2961, RESOLUTION NO, 2962 ADOPTED Human Relations Commission Mayor Snyder: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF WEST COVINA ESTABLISHING A HUMAN RELATIONS COMMISSION" Hearing no objections, we will waive further reading of the body of the resolution. Under our ordinance, this is not a public hearing but the presiding officer may recognize people from the floor who wish to speak on this matter. I would like to hold this discussion to twenty minutes -- ten minutes for each side, -40- Ca C, 6/22/64 Page Forty -One HUMAN RELATIONS COMMISSION - Continued Mrs, Joyce Moller Y I would like to know why we West Covina have to have this Human Relations Council, I have just read what is in the paper and I am a homeowner and I would like to know more about it, Rev, Robert Bergman: On other occasions various members of the Council have been addressed on this matter and the request came originally from the Ministerial Association, The request was that the Council investigate the establishment of a Human Relations Commission and resolve to do so, The Council had provided to them a series of papers given to a conference in the fall of 1963 at the League of California Cities, Most were cities where they had had extended problems of race relations and these papers related themselves to that, I think as those situations might be investigated they would not be found to be too comparable at least to an extent to what we have in West Covina but those members of the Council who have had some awareness realize we do have problems in West Covina and also I think will see the wisdom of doing something before and not after we have extensive problems, The ministers have been involved in these matters over a period of the last few years, We have met with various civic leaders and realtors concerning inte- gration and proposed, integration; with homeowner groups concerning related tensions and problems when integration has taken place. When it has taken place it has taken place to a large extent along the southern border west of California in our City. One subdivision near Azusa and Merced going from Merced to Francisquito has some 20 families of 36 homes, These two areas are where the concentration is. Here is where there has been home owner tension with certain efforts to resolve the tension. The ministers have been involved in trying to help in this. We have met with the developing Human Relations Council of West Covina, LaPuente and Covina, We have had to act as liason between the City Manager, the Police Department and outside groups who got wind of a problem we had in the south end of town. This was done under the threat of outside groups of an expose of the City, In the request of a Human Relations Commission is to recognize and make more effective attempts within the City to see when these things come up they are done with good lines of communication and done effectively and with responsible groups, The ministerial group is a responsible group but it .is informal, not geared to carry these things off in a formal manner and it has no status of responsibility, What is needed is a coordination which needs attention.so there can be effective work done when needed, lines of communication.be opened when needed, and this. Commission will allow the selecting by the responsible City fathers of the select qualified group of certain citizens who will be responsible.to the City Council for one thing and who will .go about this in an effective way. There are laws applicable to the matter of human relations, race relations, State laws and Federal laws, These do apply.to the City and thus within the City. Incidents come up whether we want them.or not. There are going to be human relations whether we want them or not and the City can take its responsibility best by setting up the machinery which.will �� -41- 1— C, C, 6/22/64 Page Forty -Two HUMAN RELATIONS COMMISSION - Continued see that these relationships are good when they do come up, We can anticipate the time when there will be the possibility of outside agencies coming into our City and.we will be better off if we have an agency within our City and resolve these things on a local level and not have anybody come in and do it for us. I will try to answer any questions you may have. I think the request defends itself and doesn't really need to be defended, HOME RULE COMMITTEE Mayor Snyder: Mr, Williams will be required -to OF LEAGUE go to Sacramento to meetings, He has been appointed to a committee on home rule, He has asked that we pay half of his expenses. Motion by Councilman Heath, seconded by Councilman Jett, that half of the expenses for Mr, Williams be paid for his attendance as a member of the committee on home rule called by the League of California Cities, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath' Mayor Snyder Noes: None Absent: None HUMAN RELAY ONS Mayor Snyder: I wanted to take care of that COMMISSION kcon.) while I was thinking of it, We will now continue.to hear testimony on the Human Relations Commission, Mrs, Nancy Meyer Mr, Bergman spoke on concentration 524 St, Malo of racial groups in certain areas West Covina of this City, I wonder if he advocated that we dictate to people where they are supposed to live, Mrs, Joyce Moller I don't think he is speaking 1709 West Puente Avenue for all the ministers in West Covina, I think he is speaking for just a few. I don't object to these people living in our City but I don't think we should put laws through to make people live in different areas, Mayor Snyder: I have many letters here, The Council have copies, I don't know that there is any prupose in hearing them all if we have read them all, Mr, Charles Bosser I have become aware of this just 1815 East Alaska Street recently, Speaking for myself West Covina and some of the people unable to come here, we hear words •mentioned about incidents, We don't know of any, This seems very vague, This talk of the Ministerial Association sounds like the use of an impressive word but it could mean anything. I would like to know what ministers we are talking about. The impression is that all ministers are for this, It is vague, It seems to me there is a great deal of vague language in the resolution, I wonder in 2(b) it says to promote integration. I wonder if it is your function to set up any group whose job it would be to partly promote integration. I live in a tract in which we have slightly mixed. I presume we are ®42_ 1. C, C,. 6/22/64 Page Forty -Three HUMAN RELATIONS COMMISSION - Continued not talkingabout an `t e.of religion or race, We have no trouble Y YP g in our tract, I can't see any need for a Human Relations Commission considering the extremes the Federal Government and the State is trying to go to why we need to 'repeat this at a local level when it would be in -essence :a duplication, I'don°t see we need new machinery which would be a sounding board for people to make trouble and I don't mean minority people but people who use minority people to make trouble, Mr, D, L, Maciejczak I moved in this area about ten 814 South Cajon Avenue. years ago and it seems to me when .West' Covina I moved into this area there was no such problem that there had to be any race relations or religious relations' et cetera, As far as I'm concerned, I believe this particular situation should stay the way.it is; that individuals should work out their problems and not have`a.sounding board of.individuals which will basically report to the City Council specific issues they want to push or otherwise, Mr, Mel Jackson I think the gentleman mentioned 1403 Glenbury Drive .there have been various La Puente incidents of which he was not aware, Through two of the ,,human relations groups and ministerial associations and through some.of the members of the City Council that these incidents were resolved without becoming public attention, I think there was a ..very sad lack of communications that took an awful lot of.people :doing an awful lot of things that a human rights commission could have done more effectively in resolving these tensions, As it turned out the tensions were resolved without it becoming an eyesore to the City of West Covina, I am in favor of this commission or -this %committee being set up.to handle more and more problems. There are various groups in the area that have moved into the area recently, minority groups, and these people are living here and they are supporting a lot of businesses in.West Covina and I think that there have been some problems that have arisen with them trying to get into business and establish businesses here since they are living here and I think this can be done much more effectively through the .planned committee if it is'set up, Mr, Don Gleason I would like to askone question 2039 Cortez of the people presenting this West Covina and that is in No, 2(b), I would like to ask exactly what the specific meaning of the sentence is and how they plan to impliment "to initiate and encourage activities which tend to promote inter- racial and inter -ethnic harmony, progress and integration"? How is this to be done and in what ways are they going to do it? • Mr, Oscar Johnson With these pros and cons this 1.509 North Evanwood evening, it seems we are trying. La Puente to say to one another that we can't get together on the basis of color or race or what have you but May 30 just passed and on -the day we honored our dead heroes and July 4th is just around the corner and July 4th is the day that we used to celebrate the birth of our nation,, If'we can't get.together on any other term we should get together on being Americans basically and I get shaken sometimes, There are many things that don't come to the attention of the average -43- t • Ca Co 6/22/64 HUMAN RELATIONS COMMISSION Continued Page Forty -Four person,, There are many things that don't come to the attention of the housewife.and the.home owner and they don't come -to their attention and it is hoped that they never come to the attention.of these:people but it doesn't come up because someone works very hard to see that something is done about them, All that is being asked here is that the City Council take the'lead and say to the -.community at large, the community. in which it is and the surrounding communities, that we who live here and wish to do the.correct thing, that we beilieve in.these things and we will tell the rest of the world, Of course there is much being done on the national level but we need something done on the local level,, The situation in the schools, the situation in the different neighborhoods, in the businesses, in labor all of these need attentions If you say it should be taken care of by ordinary citizens, not everybody is going to be rational enough to do this and many people are going to have different ways of doing these different things so if you have a commission you have the best brains here, You have all the.facilities here at,. -'the disposal of any particular Council that would come into existence and I don't see how it could get out of hando If.you go on record and establish a Human Rights Commission you must understand that to me this means more than race relations; the whole thing is tied up in it, I hope we can get together as Americans, Councilman Heath: this room who are in favor of of West Covina? I would like and,I am not saying I disagree offense to outsiders coming in us how to run our City, Mayor Snyder: I can't help actually how this.commission that to see this because with them, I would to the.City of West but ask the question many people are in are from the City the last speakers, somewhat take Covina and telling At this time the public participation is concluded, Councilman Heath: I have given this a lot of thought and I have given it a lot of study and investigated it to the best of my ability, I do know we have had minority groups move into the City, located here and they are throughout the City and to my information these individual families are. not only accepted but welcomed, In my investigation all I found is the fact due to the fact a minority group gathered in one part of the town and one person who was very foolish pulled a prank uncalled for and as a result we have created hysteria,, As a result further we are going to create laws and commissions and so forth to deal with this,, I understand at that time there was a dissatisfaction by an outside agency and I question sincerely whether they did any threatening because these racial groups I don't believe want any more fights than.anyone else. They called and asked for information and I don't think they threatened,, The fact is some people felt that the Police Department was not giving them backing; If the Police Department is not giving backing I think it is up to them to contact our City Manager who is in charge of it and see that they get the backing and if they don't get the.backing bring it to the Council. On the street where I used to live we had a condition, All the people on the street were Caucasians but there was one person that no one could get along with except our -44- Co Co 6/22/64 Page Forty -Five HUMAN RELATIONS COMMISSION - Continued family, There were such things as garbage thrown on their front lawn, name calling and ridicule, et cetera, and what happened in that case? We can't create a commission; we didn't bring in State and Federal Governments on the thing. The way it was finally resolved was that it was taken to the ministerial group and a Rabbi and two ministers showed up and straightened this out in a matter of a day, I think the ministerial group is the one who will be respected and the one who will resolve the things, not ordinary citizens appointed by the rest of the Council, I think if there is a feeling by the minority .group that they are not -getting the service and not getting the attention needed that is actually due them, I think they should contact the City Manager in charge of these law enforcement agencies and if no results are obtained, bring it to the Council. If they feel they must have someone to talk to other than this, let's create a commission but in my own opinion I would not go for a commission unless this commission was designated by the City Council to consist of the Ministerial Association where we will give them our -blessing and backing to do.what is necessary to alleviate these situations. Unless this resolution is written to this respect, I can't vote for it, Mayor Snyder: I think obviously there is much confusion here as to the purpose of this Commission, I think we would do better to read the resolution with possible suggestions for improvement before we have much more discussion. I do want to say before me go on that my intent here only is that I have had indication that there is injustice being done and inequities under the Constitution and again I took an oath to enforce the Constitution, There are problems here and although in the main they may be moral problems, no one ever said that moral problems were the exclusive province of the church, In fact, for a governmental body to give this problem to the church or the Ministerial Association would be to some extent in my mind un- constitutional, The real problem is that a minority ghetto. is being formed and I don't believe anybody here tonight can advocate this sort of thing. There is not the slightest bit of doubt that this .has gone far enough where if it goes any further we will have a ghetto which will lead to the lowering of standards in this area, We will have many problems and not because these people are colored but any ghetto leads to these problems, There are many statistics to prove this, If you want this, we will drop the whole thing right here but I don't believe you do want it when you hear the whole facts and I am not interested in forcing anything' -on anybody but I am interested in seeing that some people don't get their rights taken away from them, I think it would be better to go through the resolution at this time item by item, We are willing to accept improvements as we go along, Councilman Jett: I was not present at the Council • meeting when this problem was discussed and it was decided to form'.'this commission, I haven't too much information on what it is all about. I have read a lot of the stuff but there are some questions that I have in my mind and I have heard stated here tonight incidents and I don't recall being informed of a problem or an incident, I am sure that if other members of the Council have been informed and have this information I think if it is serious I think every member of the Council should be kept appraised of every incident that has happened and everything that is going on, I don't see how it'would be possible for us to approve a commission like this unless.we did know all the facts, -45- C, C. 6/22/64 HUMAN RELATIONS COMMISSION - Continued 0 , Mayor Snyder: • Page Forty -Six You are not aware of the Hallmark incident? Councilman Jett: No. We have never received a report on that incident, If the police were involved I did not hear about it and I did not know about it, If they were I think the City Manager should have given us a complete and full report. The Police Department was charged tonight, that we are covering up. These are things I would like to have some answers to before I get into this. I don't understand what the reason was for. the Council deciding to form this commission. I didn't hear any of the arguments. I think before we rush into something like this we had better explore every reason that'could be propounded in favor or against a committee like this. Mayor Snyder: The U.S. Congress and Senate just passed a Civil Rights Bill by an overwhelming non -partisan support and part of their recommendations within this bill is the community setting up a Human Relations Commission, local communications. They in turn would hope that the local communities can solve this problem, Again, I can't understand people's fear of this thing. It won't be used to harm anybody; it will be used to help those in a less advantageous position. Councilman Jett: F I can't understand the desire of certain people to rush into it head-on. Mayor Snyder: I think it is an American characteristic particularly when he sees injustice being done to rush in to correct it, Councilman Jett: Where is this injustice being done? You seem to know a lot about it and I wish you would let me in on it. What and where are they? Mayor Snyder: You are perfectly aware of them, sir. Councilman Jett: I have heard nothing. I have heard a lot of agitation and I am sure that this is not the intent of the Council to form a commission to foster and further agitation. I certainly wouldn't want to be a part of it. Mayor Snyder: There is no intent in such committee as I see it. Councilman Krieger: I would agree that the purpose •of the proposed commission is not to foster agitation. On the other hand, I don't conceive that this is the place or the time for sermonizing on this question, I think we are at a point where we are not going to convince the proponents or the opponents as to the merits of this particular matter. We are going to have to reach the decision each in our own minds as to whether we believe a commission of this type can or cannot serve a useful function in our community. Very simply stated and to use a term, I don't think we are outside of the mainstream of American life now. This is an issue that is facing our nation, our State _46- C. C. 6/22/64 Page Forty -Seven HUMAN RELATIONS COMMISSION p Continu-ed • and I can't believe it is not facing our community, If there are no problems in this.area then this Commission should die a very natural and peaceful death and I would be the first to wish that it would,, On the other hand, I don't believe that we are in a position where we can simply say that we are divorced from this problem because, in fact' we are not. Even if we wish to be, it doesn't mean that we are going to be, As far as I'm concerned, it is the responsibility of.a Council to be responsive not to a group of people either for or,against that come out in a public hearing such as this nor is it our job to ask people to raise their hands who is for it or against it; it is our job in our own mind to determine whether we as an -individual Councilman and as a Council have a responsibility in this area,, I can't believe that it is only our State Legislators or our National representatives that have problems in this area, If we have no objections, if we are so unique in West Covina that we have no problems of this type, then I dare say that this commission will soon come to an end but I couldn't understand why there is such antagonism or fear in this particular area if no problems exist, I would propose we take up the resolution item by item so that the Council can vote on each item of this resolution, Councilman Jett: You Are not interested, Council- man Krieger, in discussing the merits of this resolution? You are trying to force it down our throats, trying to force a vote on it without any attempt to discuss it, This I don't go along with. I don't understand it,, Why are you trying to rush this through? Mayor Snyder: Could we take up the resolution? Perhaps I could read it sentence by sentence, Councilman Nichols: I also was not present at the Council meeting when the drafting of the Human Relations Commission was authorized, I have since studied it very carefully, I have discussed it with numerous citizens over several weeks, The citizens are of various persuasions and at this time I wish to state my own position. My position is reached through searching my heart and my mind and it is given to the best of my ability and all sincerity and honesty to a community of 60,000 people, I believe that such a commission can serve a constructive purpose in our community providing that it is conciliatory in nature as indeed it must be according to recent rulings by Attorney General Mosk of -the State of .California, However, if the conciliatory nature of the commission is not clearly defined and if the total framework of the commission does not adhere to the concept of •conciliation as opposed to investigation and implied censor, then I fear that the commission may become self-defeating and instead become an instrument of derisiveness in our community, To those who have placed the question of what do people fear, I think that is what they fear. I think they feel there are those in our community who are agitators who will take any vehicle and promote it out of pro- portion to the need. I want to take a position inbetween, I don't want to deny the need for a resolution nor the need for a commission nor do I want to create a commission that will become a monster in our midst, I urge you to begin reading the resolution because I have prepared a number of amendments and I wish to offer them to the Council at this time, -47- • f C, C, 6/22/64 Page Fort,®Eight HUMAN RELATIONS COMMISSION - Continued Mayor Snyder: This is "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ESTABLISHING A HUMAN RELATIONS COMMISSION" "The City Council of the City of West Covina does resolve as follows: "l. COMMISSION ESTABLISHED: There is hereby created a Human Relations Commission consisiting of seven members who shall be residents of the City," Councilman Nichols: I would offer the following amendment: "There is hereby created a Human Relations Commission consisting of five members who shall be residents of the City." Motion by Councilman Krieger$ seconded by Councilman Nichols, that the section be adopted as amended. City Attorney, Mr. Williams: What you are doing is making motions on the wording which will be submitted for adoption later; therefore, you are not necessarily voting on an amendment, you are just voting on the amendment, You are sitting here drafting something. You are not adopting that because some members after you get all through with the wording may vote against the whole thing. This is the way a drafting committee does it, All you are moving on is the wording to put in here and then you will vote on adopting it afterward. Motions are not necessary at all, You can ask if there is a difference of opinion, If there is, you have to resolve it and if there is no difference, go ahead and make your motions. Councilman Krieger: We were taking it up section by section and there were certain comments that I believe each and all of the Councilmen will want to make on each and every section, If this is the course of action then I propose we go section by section without anything except the comments of the Councilmen on each section. I will withdraw my motion. Councilman Nichols: I will withdraw my second, Mayor Snyder: Anybody opposed to changing the number from seven to five? Councilman Heath: My whole concept of this was if it was read "five members of the Ministerial Association" I would go along with it, • Mayor Snyder: "PURPOSES: The purposes of said Commission shall be: "(a) To study and ameliorate any problems of prejudice and discrimination in the community and the causes thereof." Councilman Nichols: In Section (a) I would offer a change in the drafting to read: "The purposes of said Commission shall be to study formal complaints of unlawful discrimination and prejudice in the community • • C. C. 6/22/64 HUMAN RELATIONS COMMISSION - Continued Page Forty -Nine and to offer services of conciliation in connection therewith; a formal complaint shall be construed to be one placed before the Commission in writing and signed by the offended person or persons." (No objections voiced to the amendment,) Mayor Snyder: "(b) To initiate and encourange activities which tend to promote inter-ractial and inter -ethnic harmony, progress and integration." Councilman Nichols: I would offer a change "To initiate and encourage activities which tend to promote inter -racial and inter -ethnic harmony and progress." Mayor Snyder: Councilman Nichols: Mayor Snyder: (No objections voiced to the amendment.) "(c) To foster mutual.under- standing and respect among all racial and ethnic groups." I have no suggestion for change there. "(d) To keep the Council informed on all problems of local inter- group relations." Councilman Nichols: My recommended change in (d) would be as follows: "To keep the Council informed on problems of intergroup relations brought to the attention of the Commission." (No objections voiced to the amendment,) Mayor Snyder: 113, APPOINTMENT: The members of the Commission shall be appointed and may be removed by a majority vote of the City Council for terms of one year expiring on.June 30th of the appropriate year, except that the terms of the first members of said Commission shall expire on June 30, 1965, In case of vacancy, the appointment to fill the vacancy shall be for the unexpired term of the former incumbent, In appointing the members of said Commission the City Council shall make every reasonable effort to insure that a wide and representative cross section of community interest and viewpoints are represented on the Commission, and that the local business community, school administrators and the various racial and ethnic groups in West Covina are fairly represented on the Commission, All Commission members shall serve without pay." Councilman Nichols: I have an.extensive change to offer here basically because I do not feel when you appoint a commission of five or six people you can guarantee an equal representation of the .bus,iness community, of the school administrators and the racial and ethnic groups so I would charge the Council with the responsibility of creating a fair representation, I would like to read Section 3 as I would draft it: -49- C, C, 6/22/64 Page Fifty HUMAN RELATIONS COMMISSION Continued • 1f3, APPOINTMENT: (a) Agpointrhent to the Commission shall be as follows: The Mayor shall appoint one member of the Commission and each additional Council member shallappoint one member. In appointing the members of said Commission the City Council shall make every reasonable effort to insure that a wide and representative cross section of community interests and viewpoints are represented on the Commission, "(b) All Commission members shall serve without pay and may be removed from office by a majority vote of the Council, "(c) Members of the Commission shall be appointed for terms of one year expiring on June 30 of the appropriate year except that the terms of the first members shall expire on June 30, 1965, "(d) In case of vacancy, the appointment to fill said vacancy shall be made for the period of unexpired term of the former incumbant and shall be made by the Council member having made the original appointment. However, in the event the Council member be no longer in office at the time of the Commission vacancy, then the Mayor shall make the appointment subject to majority approval of the Council," (No objections voiced to the amendment,) Mayor Snyder: its own chairman and such desire and to adopt rules herewith," Councilman Nichols: "4, ORGANIZATION: its own chairman and as it may desire and conflict herewith," Mayor Snyder: as follows: • Commission shall be month and at a time meeting which said Councilman Nichols: Councilman Heath: 114, ORGANIZATION: The Commission shall have the power to appoint other officers and committees, as it may for its own procedures not in conflict I have a recommended change for this section as follows: The Commission shall have the power to appoint such other officers and internal subcommittees adopt rules for its own procedures not in (No objections voiced to the amendment,) "5, MEETINGS: The time and place of Commission meetings shall be "(a) Regular meetings of the held once per month on a fixed day of each to be determined by the Commission at its first first meeting shall be convened by the Mayor," I have no recommended amendment, This would mean had a grievance it once a month? that if someone he could present -50- Co Co 6/.22/.64 Page Fifty -One HUMAN RELATIONS COMMISSfiON-.Continu'ed • Ma or SnY`der: .They could'falwa s adjourn to a, special meeting, i M Special Commiss on meetings may be Balled by the Commission chairman or by not; :less than three members`:of. the Commission and any such special meeting shall be held only"upon at least twenty-four .hours written.'notice having been mailed..to all.Commission members. Notice may be waived by any member or membersorr CouncilMan.Heath: Mro City Attorneywould this group come under. the Brown Act? City Attorney, Mro Williamss I presume so, Councilman`Heathq Wont the newspaper.and public notice have to be filed? City Attorney:, Mro Williams If so you wouldn't have to put it in here because it would come under the Brown Act, The Brown.Act.is self-executing as far as the .Council is concerned. Mayor Snyder, These people would be informed of :.the rules when they took -office,, "(c) Meetings shall be held within the City Hall, The City Manager shall provide facilities, for such meetings," (No recommended amendments,) Mayor Snyder, "6, SUPPLIES, ETC,: The City Manager shall provide the Commission with necessary supplies, equipment and needs from such funds and to the extent approved by the City Council," Councilman Heath, Are we permitted to use City equipment.and supplies for something like this? City Attorneys Mro Wi.11iamsi Such a committee is a municipal Purpose as long as I can assume that the purposes and the powers dvn°t go beyond.which.has been purported so faro Councilman Heaths I think there shvbld be some limitation on supplies, equipment and so forth, not to the extent that this Commission willp but it •is not beyond reason to.feel that this Commission may put out a " mailer, et cetera:, where they could run into a good deal of money, City Attorney,.Mr, Williams: It says "to the extent approved by the City Council". Mayor Snyder: 1.1;7.; REPORTS: (a) The Commission shall keep records of all of its, activities and ;proceedings and all such records shall be open to pub3ie.inspectiono" C, C, 6/22/64 HUMAN RELATIONS COMMISSION - Continued • Councilman Nichols: Page Fifty -Two I have no .amendment to that, Mayor Snyder: "(b) From time to time, as it deems advisable, but not less than twice each year, the.Commission shall submit to and file with the Council comprehensive reports covering the Commission's activities and progress in the fulfillment of its purpose," Councilman Nichols: No amendment on that, Mayor Snyder: 118, GENERAL PROVISIONS: (a) Not more than two weeks after all of the first members of the Commission have been appointed, the Mayor shall convene the first meeting of the Commission," Councilman Nichols: I have no amendment, Mayor Snyder: "(b) The Commission shall immediately undertake its 'functions at its first meeting," Councilman Nichols: I offer a change in the drafting of (b),as follows: "The Commission shall immediately undertake its function at its first meeting and in all its functions and activities shall report and be responsible to the Council of the City of West Covina only and to no other agency, organization$ or representatives thereof,"' (No objections voiced to the amendment,) Mayor Snyder: "(c) The Council hereby declares that it is the official policy of the City of West Covina to encourage equal opportunities for all persons in all spheres without regard to race, creed, color or national origin," Councilman Nichols: I have no amendment, Mayor Snyder: "9, POWERS RESERVED TO THE COUNCIL: This Council shall at all times have the power to amend$ alter or modify or abrogate the terms and provisions of this resolution," Councilman Nichols: I would offer the following change: 119, POWERS RESERVED TO THE COUNCIL: This Council shall at all times have the power to amend, alter$ modify or abrogate the terms and conditions of this resolution and no authority shall be vested in or assumed by the . Commission except as herein provided," (No objections voiced to the amendment,) Mayor Snyder: "10, EFFECTIVE DATE: This resolution shall become effective immediately upon approval by this Council," Councilman Nichols: No amendment to this section, -52- s is Ca C, 6/22/64 Page Fifty -Three HUMAN RELATIONS COMMISSION - Continued Councilman Heath: It says in No, 9 "This Council shall at all times have the power, ,", I wonder if it shouldn't be "The City Council", Mayor Snyder: There are no objections to that amendment. Motion by Councilman Krieger, seconded by Councilman Nichols, that said resolution be adopted as amended, Motion passed on roll call as follows: Ayes: Councilmen Krieger, Nichols, Mayor Snyder Noes: Councilmen Jett, Heath Absent: None Said resolution was given No, 2962, Councilman Heath: Evidently the Mayor and Councilman Krieger and Councilman Nichols are familiar with the thipgs that went on. I know Hallmark was picketed one night and somebody burned a cross in somebody's lawn but I don't know of any other incidents and I think it behooves you to tell the entire Council if there are incidents, Mayor Snyder: You were invited to a meeting a week ago, Councilman Heath:,. I am busy and I can't make all the meetings, I honestly do not know of any other instance than the one I mentioned, Mayor Snyder: I will submit a written report of these incidents, Councilman Jett: I think the City Manager should keep us completely aware of every incident, If it is this serious and we'have a serious situation in the City of West Covina I think it is the City Manager's responsibility to the people of West Covina to inform'us as their representatives so we will know what is going on, Councilman Krieger: sole purpose will to do just that, Councilman Jett: CITY MANAGER REPORTS We now have by a vote of this Council a commission whose I rely on the City Manager to give this information to me and not some committee, PROPOSED ANNEXATION NORTH OF CAMERON, EAST OF BARRANCA STREET City Manager, Mr, Aiassa: (Distributed maps,) -53 • s C, C, 6/22/64 Page Fifty -Four PROPOSED ANNEXATION NORTH OF CAMERON AND BARRANCA - Continued City Clerk, Mr, Flottenr This is presented by Mr, Walsh, There is one question. We have an area there that is still in the Co�,jnty.It borders Cortez on both sides, of Barranca, plus' Mr, Stark's property and others we have there and we would like to contact these people and see if we can get them to annex to the City, City Manager, Mr, Aiassa: I'would like to recommend that we permit the staff to make a feasibility annexation study of this and see what areas could be brought in without too many difficulties and then we can meet and talk to these people, This would clear up some of this irregular: boundary lines, Councilman Heath; This is where they have planned a school site. Motion by Councilman Heath, seconded by Councilman Krieger, and �. carried, that the City staff make a feasibility study of the area around Starks and any other pocket in the east end of the City prior to consideration for annexation and that this information be forwarded to our Planning Commission, APPROPRIATION OR FUNDS FOR DMJM ATTENDANCE AT JUNE 29TH COUNCIL SESSION City Manager, Mr, Aiassa: I have been advised that the Council did want a representative from DMJM to answer. or summarize the report, Councilman Krieger; I attended both of those Planning Commission meetings at Wescove School, With all due respect to these people, their report is fully set forth in the Minutes of that meeting and I can't see what they can add or detract with the emphasis on detract from that particular presentation that cost this City $273,00, They make in my mind almost an unintelligible presentation, Mayor Snyder: in the interest of this full hearing, this is a repeat public hearing and the people at the next hearing are entitled to hear that report, Councilman Heath: there are some people who haven't heard it at the Planning Commission • level and it would be awkward to hear ust the opponents to the, plan and then vote against them so I`think It would be right to give the proponents a chance, too, Councilman Krieger: We are not subsidizing the opponents, -54- C. Co 6/22/64 Page Fifty -Five DMJM ATTENDANCE AT JUNE 29TH COUNCIL SESSION - Continued Councilman Heath: Move the money be authorized to have the representatives from D.M.J.M, present at:the July 29th Council meeting, Councilman Jett; I think this is a waste of money. I am convinced that the zoning is going to be approved as the Planning Commission suggested and I think it is a waste of money. As long as Art Jett owns property there there are people who will not permit zoning to go down there simply because Art Jett owns property there, Councilman Heath: I have more faith in the present -members of the Council that they will use discretion and reasoning. Mayor Snyder: The motion fails for lack of a second. GOLD-THOMPSON CONTRACT FIRST PROGRESS REPORT PAYMENT - $1,250.00 City Manager, Mr, Aiassa: You have received copies of the report and we have a letter from the Commissioners. (Read said letter.) Motion by Councilman Krieger, seconded by Councilman Nichols, that Gold -Thompson be paid the first progress report payment in the amount of $1250.00 and be directed to proceed on the second phase of their study. Motion passed on roll call as follows: Ayes: Councilmen Krieger, Nichols, Heath Noes; Mayor Snyder Absent; None Abstained; Councilman Jett TENNIS COURT LIGHTS AGREEMENT WITH SCHOOL DISTRICT Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the City Clerk and the Mayor be authorized to sign the agreement with the school district for the lighting of the tennis courts. LEEDS, HILL 6 JEWETT STATEMENT City Manager, Mr. Aiassa: This is the study they did on the Azusa Water District, Motion by Councilman Krieger, seconded by Councilman Heath, to pay Leeds, Hill 6 Jewett the sum of a46.0.77 for their study on the Azusa Water District. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes; None Absent; None -55- CO Ca 6/22/64 Page. Fifty -Six CITY MANAGER REPORTS Continued • STEEP GRADES FOR FIRE APPARATUS REPORT City Manager, Mr, Aiassa: I have the report for you, • 0 Councilman Heath: REPRESENTATION AT HEARING L.A.F.C. 6/24/64 10:00 A.M. I think the Council should go down to the Crown Company and see them building these fire trucks, City Manager, Mr, Aiassa: Who will represent the City at There are the Local Agency Formation Committee? 2:pending annexations; Workman Ave. #186 and�Valley Blvd. #185. If a Councilman 'cannot httend we� -(stdff )- wl11, take care -of --the- matter. Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that if a member of the Council cannot attend the Local Agency Formation Committee meeting on June 24, 1964 at 10:00 A,M, that a staff member go instead, REPRESENTATION AT HEARING WATER CONTRACTORS COUNCIL 6/25/64 10:00 A.M. State Office Bldg, in L,A, City Manager, Mr, Aiassa: Mayor Snyder: PERSONNEL BOARD APPOINTMENT If a Councilman cannot attend this meeting, we will send a member of the staff, Fine, Councilman Jett: I would like to suggest the reappointment of Edwin S.'.Faunce. I think his ability and qualifications as a personnel man, his experience on the board, I think warrants a reappointment, Mayor Snyder: This in no way impugns Mr, Faunce's performance on the Personnel Board, He is an excellent man and thi's is not all the reasons we keep men on there. Sometimes we have to get a better cross section among other things and I think at this time T"feel that although this would not mean that I wouldn't be interested in appointing him later if the opportunity came up, I do not feel inclined to reappoint him at this time and I would like to appoint Mr. Sornborger to the Personnel Board, reappoint him if there are no objections or if the Council moves such approval. Councilman Jett: I would like to pose an objection there, This is not the first time that you have proposed this appointment and as you know, it was decided not to go along with the appointment with the prior -56- C, C, 6/22/64 Page Fifty -Seven PERSONNEL BOARD APPOINTMENT - Continued • ,Council because of the political aspects and this, I am convinced, is strictly a political appointment and I am very very much opposed to this. I do not feel that we get the proper representation from a political appointment. I think they have to be free of any political implications, Mayor Snyder: Mr, Sornborger's qualifications in my mind certainly are above any political consideration, There is'one factor, perhaps Mr, Sornborger's dismissal from the Board was on a political basis, too, so we are not going over any precedent set in the past, He is a well -qualified man and he served on the Commission well before and I think he can do it again. Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, to appoint Mr. Sornborger to the Personnel Board, (Councilman Jett voted "No"; Councilman Heath abstained,) Councilman Jett: I want the record to show that my remarks were not intended as a reflection whatsoever on the ability of Mr, 'Sornborger, It is strictly because of the political reasons. I think everybody knows what they are, Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that the City Attorney be directed to draft a resolution commending Mr,Faunce on his service to the City, CITY CLERK ALCOHOLIC BEVERAGE LICENSE APPLICATION OF STOP-N-GO MARKETS, INC,, 130 NORTH HOLLENBECK, FOR OFF -SALE BEER AND WINE City Clerk, Mr, Flotten: This won't be effective until February of 1965, Mayor Snyder: There are no objections from the Council, TEMPORARY USE PERMIT OF EDGEWOOD PLAYERS, INC, FOR TENT AT NORTHWEST CORNER OF GLENDORA AND WALNUT CREEK PARKWAY FROM JULY 17 TO 199 1964 AND FROM JULY 23 TO 25, 1964, • Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that permission .be granted the Edgewood Players, Inc, for a tent at the northwest corner of'Glendora and Walnut Creek parkway from July 17 to 19 and from July 23 to 25, 1964, -57- C. C. 6/22/64 Page Fifty -Eight CITY CLERK - Continued \`TEMPORARY USE PERMIT APPLICATION OF CALIFORNIA CHEST SURVEYS FOR MOBILE CHEST UNIT AT EASTLAND SHOPPING CENTER FROM AUGUST 10 TO AUGUST 13, 1964 City Clerk, Mr, Flotten: This is the second time around for this applicant, Councilman Krieger: Is there something lacking in the reliability of this? Mayor Snyder: Many people feel this is a complete x-ray and this man is only a technician although he has these films read by a doctor but should they miss something on this small film, which is possible, the liability on the patient to go and have a big chest x-ray to follow it up is very limited, A person might get a false sense of security out of such a picture, He is operating under the law. Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to grant the temporary use permit application of California Chest Surveys for mobile chest unit at Eastland Shopping Center from August 10 to August 13, 1964, (Councilman Krieger voted "No",) REQUEST FROM THE EASTLAND MAY COMPANY CENTER City Clerk, Mr, Flotten: We have an application from the Eastland May Company Center to set up a temporary tennis court in the lower parking area and Tony Trabert will give free lessons on Friday, June 26 and Saturday,. June 27, Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that the request from the Eastland May Company Center to set up a temporary tennis court in the lower parking area on June 26 and 27 be granted. ($may ,� 5,9 CLAIM FOR DAMAGES OF JOSEPH 0, BARNHART, GUARDIAN OF WILLIAM E. BARNHART, A MINOR City Clerk, Mr, Flotten: They are claiming damages for an accident which occurred in • Rosemead, One of those involved in the accident was a truck of the San Gabriel Valley Humane Society, We have already referred this to the insurance company, Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to deny the claim and sent the information to the insurance company, -58- C. C. 6/22/64 Page Fifty -Nine CITY CLERK - Continued .' REQUEST FROM THE EASTLAND MAY COMPANY CENTER (Continued) City Attorney, Mr, Williams: Eastland has already had more than the number of days allowed in the ordinance for this sort of thing (tennis court in lower parking area). As long as the ordinance says the staff shall not approve them more than seven days a year I can't recommend to the staff even though you grant permission that they do it, If you could there wouldn't be a problem. I am talking about the tennis court problem, Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to rescind our former action granting the tennis court at the Eastland Shopping Center and advise them of the section of the code that says they have so many days a year for this sort of thing, City Clerk, Mr, Flotten; We will make a study of this and notify these'people immediately of the number of days they have had, Councilman Krieger: I would make the request that when they bring these matters before us that they bring them together with the number of days they have already had, APPLICATION OF V,F,W, FOR PERMISSION TO SOLICIT SALVAGE City Clerk, Mr, Flotten: We have received this application and they claim the West Covina Post does get benefit from this. We are trying to get them to resolve their own differences and it is hard to know which ones to let come into the City, Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to grant permission to the V,F,W, to solicit salvage in the City, INSURANCE CLAIM City Clerk, Mr, Flotten: We.received a claim from Mrs, Phoebe Blomquist because she fell down. We now have the verified claim and I want you to formally deny the claim and refer it to the insurance company, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to deny the claim of Mrs, Phoebe Blomquist and refer it to the insurance company, -59- Ca Ca 6/22/64 • CITY TREASURER Pgge Sixty Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Treasurer's Report of May, 1964 be accepted and filed. MAYOR, 'S';,REPORTS MUNICIPAL GOLF COURSE Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that t_he Mayor and the City Manager be directed to negotiate with, the appropriate person or persons for the acquisition or construction of a municipal golf course, (Councilman Jett voted" "NO". ) SISTER CITY APPOINTMENTS Councilman Krieger: I think we should approve the Sister City Commission appoint- ments having heretofore been made by each Councilman. Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, to'approve the Sister City Commission appointments having heretofore been made by each Councilman. SUPER CITY MEETING Mayor Snyder: There is a meeting on the Super City. City Manager, Mr. Aiassa: DEMANDS You directed somebody to go a few meetings ago. Motion by Councilman Krieger, seconded by Councilman Nichols, to approve demands totalling $140,960.98 as listed on demand sheets B1659 B166 and C394. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absent: None Krieger, Nichols, Heath, Mayor Snyder Motion by Councilman -Jett, seconded by Councilman Heath, and carried, that this meeting be adjourned to June 23, 1964 at 7:30 P.M. for a budget meeting. The meeting adjourned at 2:05 A.M. / APPROVED ATTEST: MAYOR CITY CLERK