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09-28-1964 - Regular Meeting - Minutes• • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF.WEST COVINA, CALIFORNIA September 28, 1964 The regular meeting of the City Council was called to order -by Mayer Snyder -at 7:35 P.M. in the West Covina'C�ity'Hallo Councilman Krieger led the Pledge "of -Allegiance. The invocation .was given by Rev. DeWitt Brady of -the Congregational Church of Good Shepherd. ROLL CALL Present: Mayor Snyder, Councilmen Jetty Krieger, Nichols, Reath Others Present: Mr; George Aiassa, City Manager Mr, Robert Flotten, City Clerk & Admin. Ass-istant Mr; Harry Co Williams, City Attorney (from 8:00 P.M.) Mr; John Q. Adams-, Public Services Director Mr, Harold Joseph, Planning Director APPROVAL OF MINUTES None CITY CLERK'S REPORTS PRECISE PLAN N0, 93 (Rev. 1) LOCATION: Northwest corner of Accept'sidewalk and Garvey and Roberto Driveway Improvements Frank De Pietro Accept sidewalk and driveway APPROVED improvements and authorize the release of American Insurance Company's bond Noo476 7107 in the amount of $1,000.00. Staff recommends acceptance and release of bond. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept the sidewalk and driveway improvements in Precise Plan of Design No, 93, Revision 1, and authorize the release of American In- surance Company's Bond No. 476 7107 in the amount of $1,000.00 TRACT NO. 15276 LOCATION: Southeast corner of Accept Sidewalk improvements Citrus and Larkwood Aztec Construction Co. APPROVED Accept sidewalk improvement for Lot 1, Tract No. 15276. Authorize release of cash deposit in the amount of $440.00. Staff recommends acceptance and release of deposit. Motion by Councilman Heath, seconded by Councilman Krieger, and :carried, to accept the sidewalk improvements for Lot 1, Tract No. 15276 and auth- orize release of cash deposit in the amount of $440.00. -1- C, C, 9/28/64 Page Two 'CITY CLERK ° S REPORTS.-, Continued • PROJECT B,P,6409 LOCATION: Valinda and Glendora, APPROVE PLANS AND SPECIFICATIONS FOR BRIDGE RECONSTRUCTION Approve plans and specifications APPROVED for bridge widening subject to revisions and approvals of Division of Highways, Los Angeles County Flood Control District and U,S, Army Corps ,of Engineers, Bridge has been designed by Los Angeles County Bridge Division and will be constructed to Los Angeles County specifications, Estimate $150,000,00 budgeted item, Staff recommends approval, Motion by Councilman Heath, seconded by Councilman Jett, and carried, to approve the plans and specifications for bridge reconstruction in Project B,P,6409 subject to revisions and approvals of Division of Highways, Los Angeles County Flood Control District and U, SD Army .Corpos of Engineers, PROJECT S,P;6409 APPROVE PLANS AND SPECIFICATIONS STREET IMPROVEMENT APPROVED LOCATION: Extension of Valinda from Vincent to Glendora, Approve plans and specifications for street extension .and improvement, Authorize City Engineer.to call is for bids subject to Bridge Project approval by various agencies, Estimated cost $25,000.00 m budgeted item, Staff recommends approval, Councilman Krieger:. The approval of neither of these projects would authorize the transfer of these funds,. What action would be necessary? City Manager, Mr, Aiassa: The only action is the authorization of the fund transfers as outlined in the report of September 24,.1964, That is not necessary at the present time; it can be done later, Councilman Heath: I think we should hold'it until we are sure we ,are going -ahead with -the_ project, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to instruct the staff to complete the plans and specifications for the traffic signaliza'tion at the corner of Valinda and Glendora at the brim .location and have them ready for approval at our next Council meeting; also,.the signals at Vincent and Walnut Creek Parkway, Motion by Councilman Heath, seconded by Councilman Jett, and carried, to approve the plans and specifications for.street extension and improvement in Project S,P,6409, and authorize the City Engineer to call for bids subject to Bridge'Project approval by various agencies, -2- C, Ca 9/28/64 CITY CLERK'S REPORTS - Continued • RESOLUTION NOa 3010 ADOPTED Project B oP o6409 • Page Three The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING THE BOARD OF SUPERVISORS TO AUTHORIZE THE COUNTY ROAD. COMMISSIONER TO PROVIDE CERTAIN SERVICES" (Project' B,P,6409) Mayor Snyder: 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, 3010, RESOLUTION NO, 3011 ADOPTED Project S.D. 6429 Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Storm Drain. Project No, S,D,6429) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Jett, 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, 3011, RESOLUTION NO, 3012 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL Project S.Po6504 OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Project No, S,P,6504) Mayor Snyder: Hearing no objections9 we will waive further reading of the body of the resolution, -3- L� 9 I C, Ca 9/28/64 Page Four RESOLUTION NOa 3012 - Continued 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, 3012, PLANNING COMMISSION REVIEW PLANNING COMMISSION ACTION OF SEPTEMBER 169 1964 RECREATION 6'PARKS So indicated by Mr, Flotten, No items called up. REVIEW RECREATION AND PARKS COMMISSION ACTION OF SEPTEMBER 22, 1964 So indicated by Mr, Aiassa, JOINT SESSION RECREATION 8 PARKS COMMISSION AND PLANNING COMMISSION, SEPTEMBER 29, 19649 ON CAPITAL IMPROVEMENTS City Clerk, Mr, Flotten: This is informational only,, Councilman Krieger: This joint meeting has been in the mill for some time now and is a result of a great deal of work done by the staff and both Commissions, I would like to underline the desirability of as many Councilman being there as possible, Mayor Snyder: Councilman Jett: Planning Director, Mr, Joseph: CITY CLERK WHITE CANE DAYS October 2 and 3, 1964 I would second that, Will you be discussing some of the Home Savings programs, too? Noo That is a separate subject, Mre Ken Chappell: I am the White Cane Chairman for the West Covina Lions' Club and the 2nd and 3rd of October will be White Cane Days, We are asking the City Council to give us a little support, (Gave summary of the Club's activities,) -4- • • Co Ca 9/28/64 WHITE CANE DAYS - Continued Mayor Snyder: NATIONAL PUBLIC WORKS WEEK September 28 to October 4, 1964 Page Five If there are no objections, I will proclaim October 2 and 3 as White Cane Days, (No objections voiced,) So proclaimed, Mayor Snyder: If there are no objections, I will proclaim the week of September 28 to October 4, 1`64 as National -Public Works Week, (No objections voiced,) So proclaimed,, DISTRICT COORDINATORS DiA, City Clerk$ Mr. Flotten: The American Legion would like to promote District Coordinators Day, West Covina Post 790; declare West Covina Post No,, 790 District Coordinators Day, October 24, 1964. Mayor Snyder: TEMPORARY USE PERMIT FOR THE EAST SAN GABRIEL VALLEY JAPANESE COMMUNITY CENTER FOR A BAZAAR City Clerk, Mr,, Flotten: If there are no objections, I will so proclaim, (No objections voiced,) So proclaimed,, This is for October 10 from 2:00 P,,M,, to 10:00 P,,Ma This has been an annual event, (Mr, Williams entered the chambers at 8:00 P,,M,) Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that a temporary use permit be granted to the East San Gabriel Valley Japanese Community Center for the purpose of holding a bazaar on October 10, 1964 from,2:00 P,M, to 10:00 P,M, -5- • • I C, C, 9/28/64 CITY CLERK - Continued TEMPORARY USE PERMIT FOR THE ROWLAND "'AVENUE SCHOOL P,T,A, FOR A CARNIVAL City Clerk, Mr, Flotten0 Page Six, This is an annual event, This will be October 31 from 10:00 A,M, to 4000 PM,, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that a temporary use permit be granted to the Rowland Avenue School P,T,A, for the purpose.of holding a carnival on October 31, 1964 from 10000 A,M, to 4000 P.M, TEMPORARY USE PERMIT FOR THE VINE SCHOOL P,T,A, FOR A CARNIVAL City Clerk, Mr, Flotten0 This is on October 31 from + 11000 A,M, to 4000 P,M, Motion by Councilman Heath,'seconded by Councilman Krieger, and carried, that a temporary use permit .be granted to the Vine School P,T,A, for the purpose of holding a carnival on October 31, 1964 from 11000 A,M, to 4000 P,M, EASTLAND BUSINESSMEN' S..AS;S'OCIATION (BICYCLE SAFETY DAY)' City Clerk, Mr, Flotten: This is a request from the Eastland Businessmen's Association, May Company.Center, for.Bicycle Safety Day where they will conduct.a safety.program for bicycles. This is for two days, October 2 and 3 from noon to 5:30 on Friday, and from 9000 A,M, to 5000 P,M, on Saturday. This is sponsored by the Police Department. Motion by Councilman'Krieger, seconded by. Councilman Heath, and carried, that permission be granted to the Eastland Businessmen's Association to hold Bicycle Safety Days on October 2 from noon to 5030 P,M, and from 9000 A,M, to 5000 P,M, on October 39 1964, EASTLAND REQUEST City Clerk, Mr, Flottene We have another request for October 15 to 17 from 9000 A,M, to -9.v00 P,M, from Eastland for a children's art show. There is no charge, Two Hundred pictures will be shown.. . Motion by Councilman Krieger, seconded by Councilman Jett, and carried', that permission be granted to Eastland for a children's art show on October 15 to October 17, 1964 from 9:00 A,M, to 9000 P,M, WE • C, Ca 9/28/64 Page Seven 'CITY -CLERK ® Continued• TEMPORARY USE PERMIT FOR ST, CHRISTOPHER'S FOR A CARNIVAL City Clerk, Mr, Flotten: This is for carnival for October 10 and 11 from noon to ll:00, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, to grant a temporary use permit for St, Christopher's for a carnival on October 10 and 11 from noon to 11:00 P,M, REQUEST TO SOLICIT FUNDS DURING FEBRUARY$ 196S FROM LOS ANGELES COUNTY HEART ASSOCIATION Motion by Councilman Krieger, and seconded by Councilman Heath, and carried, that permission be granted to the Los Angeles County Heart Association to solicit funds during the month of February, 1965, REQUEST TO SOLICIT FUNDS DURING DECEMBER, 1964 FROM MUSCULAR DYSTROPHY ASSOCIATIONS OF AMERICA Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that permission be granted to the Muscular Dystrophy Associations of America to solicit funds during the month of December, 1964, APPOINTMENT OF.COMMUNITY UNITED NATIONS DAY (OCTOBER 24) CHAIRMAN Councilman Heath: Move we appoint Mr, Flotten, Councilman Nichols- I would like to know more about this, This is completely new to me and I. -saw no other information in my mail that would inform me of the nature of this, Councilman Heath: City Manager, Mr, Aiassa: City Clerk, Mr, Flotten: Councilman Heath: He doesn't carry any authority; it is purely sitting in and listening to what is going on, We have done this every year, We keep tract of the programs going on, This is not sponsoring or endorsing the U,N, in any way, This is just keeping us informed on this, -7- C, C, 9/28/64 Page Eight APPOINTMENT OF COMMUNITY UNITED NATIONS DAY CHAIRMAN —Continued • Motion by Councilman Heaths seconded by Councilman Krieger and carried that Mr, Flotten be appointed United Nations Day Chairman, (Councilmen Jett and Nichols voted "No"' SCHEDULED MATTERS BIDS .DISTRICT Ae11®61®2 LOCATION-. Barranca, Virginia, and SANITARY SEWER DISTRICT others streets and rights of way in the City, in accordance with Resolution of Intention No, 2954, Bids received, as advertised, at 10-.00 A,M,, September 24, 1964, in the office of the City Clerk and referred to the City Engineer for recommendation to the City Council at this meeting. The bids received are as follows: BEECHER CONSTRUCTION CO' 10% bid bond $ 1719788.54 • AND JACK Ed COLLINS ROBERT G, CASTONGIA 10% bid bond 1790262,77 EDMOND J, VADNAIS 10% bid bond 2069096,64 ARISTO CONSTRUCTION CO, 10% bid bond 2079524,30 RALPH de LEON CONSTRUCTION 10% bid bond 207y567,74 CITY CONSTRUCTION CO, 10% bid bond 2071575,16 CHARLES L. BURCH &.SONS 10% bid bond 2119.276,63 ARNO CONSTRUCTION CO, 10% bid bond 2210693,50 Councilman Jett- In our last big contract we had quite a bit of trouble in their storage�'of equipment,' Is there some way we can foresee this problem and correct it before it gets to be a problem? Public Services Director, Mr, Adams-. This will be in the east end and there are quite a few vacant parcels down in there., I don't know what arrangement has been made with'some private owner for storage.'area, We will make sure this is as good as possible. Motion by Councilman Krieger, seconded by Councilman Jett, that the contract for District A'11®61®2, Sanitary Sewer District, go to Beecher Construction Company and Jack E, Collins on the basis of their low bid in the amount of $1719788,54, Motion passed on roll call as follows-. Ayes-.. Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes; None Absent: None C, C, 9/28/64 Page Nine DISTRICT A'11-61-2 SANITARY SEWER DISTRICT Continued • RESOLUTION NO, 3013 The City Clerk presented: ADOPTED "A'RESOLUTION OF THE CITY COUNCIL A'11-61-2 OF THE'CITY OF WEST COVINA AWARDING CONTRACT TO APPROVE BARRANCA STREETS VIRGINIA AVENUE AND OTHER STREETS AND RIGHTS OF WAY IN THE CITY OF WEST COVINA IN ACCORDANCE WITH RESOLUTION OF INTENTION N0, 2954" (A111-61--2) Mayor Snyder. Hearing no objections, we will waive further reading.of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Jett, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett., Krieger, Nichols, Heaths Mayor Snyder Noes: None Absent: None Said resolution was given No, 3013, • HEARINGS PRECISE PLAN NO, 346 (REV, 1) LOCATION: Southwest corner of Harker Development Corp, Glendora and Cameron, HELD OVER and Request for approval of a UNCLASSIFIED USE PERMIT NO, 79 gasoline service station in Harker Development Corp, Zone C-1 and for the approval HELD OVER of a precise plan for gasoline service station, denied by Planning Commission Resolutions No, 1451 and 1452, Appealed by applicant on September 6, 1963, Held over from September 23 to October 141 to November 25, to December 2, then to December 90 1963, Hearing closed December 9, 1963, and case held over for decision until completion�of Glendora Avenue Study, Councilman Heath.: This hearing was closed prior to some of the present Councilmen being elected to office and I don't think we should ask these men to make a decision on testimony they haven't heard, Councilman Krieger.-. I have read the Minutes of December 9, 19639 with thanks to Councilman Heath's notation in that regard, It was my understanding when I first came on the Council that as long as the.Councilmen had made themselves. familiar with a matter that they were therefore qualified to pass upon'it, Speaking only for myself and with the advantage of having read those Minutes I feel I am in a position to proceed with the matter, Mayor Snyder: I would like to refresh myself regarding the Minutes, I would like to hold this until the next regular meeting if -it is possible, �E' --� C,, C,, 9/28/64 'PRECISE PLAN 346(1) 6 UNCLASSIFIED USE PERMIT 79 ® Continued Page Ten • Mr, Charles LaFaive.- We have no objection to holding it over,, I would like to propose that as long as you do think you are going to hold it over it might be a good idea'to advertise it for public hearing due to the fact that the hearing has been closed for so long,, I City Attorney, Mr,, Williams.- Yes, you can do.it and it might be desirable to do it,, It seems to me the reason this item was held over was to permit the completion of the study on Glendora Avenue and if the study on Glendora Avenue would enter into the decision then it would seem to me almost compulsory since it is something that the applicant had no opportunity to address evidence to that the applicant be given that opportunity and the same applies to the opponents,, I think there may be at least unconsciously an element of evidence here considered in respect to this.matter that has occurred since the hearing was closed,, Councilman Krieger.- Wouldn't it be better to reopen the hearing and hold it over, and readvertise? Councilman Heath: The Planning Commission hasn't had the benefit of the Glendora Avenue Study either,, Planning Director, Mr,, Joseph.- The Planning Commission denied both applications and should the City Council wish to approve them there will be no conditions on the approval so maybe it should go back to the Planning Commission to get conditions on the application, on the site development,,. Councilman Jett: City Attorney, Mr,, Williams. - Once jurisdication is vested in yourselves and revest it in the set the matter for hearing and Commission for a report,, Could we refer this back to the Planning Commission? You can do it for a report; not as a public hearing,, the City Council you cannot divest Planning Commission,, You could in the meantime ask the Planning Motion by Councilman Jett., seconded by Councilman Krieger, and carried,' that Precise Plan of Design No,, 346, Revision 1 and Unclassified Use Permit No,, 79 be held over to the meeting of'October 13, 1964 and that this matter be sent back to the Planning Commission for a report,, ZONE CHANGE NO,, 322 Artie R,, Jett APPROVED LOCATION.- 901 and 917 South Glendora between Barbara and proposed Cameron Avenue,, Request to reclassify from zones R-A and R®1 to Zone R-P approved by Planning Commission Resolution No,, 1677,, Councilman Jetty I would like to remove myself from this action as I am the applicant,, I would like the privilege of appearing before this body to give the testimony,, _10- • I C, C, 9/28/64 'ZONE CHANGE NO, 322 m Continued Mayor Snyder., Page Eleven I understand that is proper procedure, (Councilman Jett stepped down from Council bench,) City Clerk, Mr, Flotten., Mayor Snyder., 'IN FAVOR (Read Planning Commission Resolution No, 1677,) This is the time and place for the public hearing, Mr, Artie R, Jett., I think most of you are familiar with the piece of property in question, This is a strip of land which has in the past created considerable comment because it was felt it was not deep enough to make a good development, Some of the most valuable property in the City of West Covina have been problem pieces of property, The property in question is 110 feet deep, We feel this property could be developed to the benefit of the City, This would not in any way cause any problems to the property in the rear or across the street, At the Planning Commission hearing there was a question we clarified on this property, Our proposal is to continue this 110-foot line straight evenly so there would be 110 feet after the 20 feet here (indicating) is dedicated to the City, The back parcel is proposed to be a Rml development, On the southerly end of this is a 50®foot driveway, At the present time there are five openings from these properties into Glendora, We propose to close all of those and come in with one or two, All the parking and driveways would be in the rear. There probably will be an outlet onto Glendora Avenue, We.propose as few openings on Glendora Avenue as possible, This would, in effect, set a pattern that would eliminate all these driveways, or at least minimumize them. We are not presenting a precise plan at this time, We will submit our precise plan and a variance later, We plan to ask for a variance on setback, We will try to conform to all requirements of the City, If there are any questions, I will be happy to answer them, Mr, Charles Mueller 917 South Glendora West Covina quite a few of the problems that have Mrs, Dave Robinson 933 South Glendora West Covina IN OPPOSITION Mr, Michael Murphy 636 East Herring West Covina I think that the plan proposed is a good one and I want to go on record as being for it, I think it will be an answer to been apparent down in that area, commercial zoning. Directly across the I think anything but R®1 here would be if the other property.owners were aware they would be against it, We own the larger,parcel of this property, the deep section,. We would -like to see it rezoned, A few months ago the City made a study of this area, Many property owners I talked to were against any,kind.of street from this is Rml, out of character and I think of the actual circumstances 9 I Co C,, 9/28/64 ZONE CHANGE NO,, 322 - Continued Page Twelve Mr,, Charles Wilt My backyard backs up to the very 868 South Duff narrowest part of this strip,, West Covina I feel that this is almost going to be an impossibility to really develop this into something worthwhile,, I don't think there is enough room to put in an alley or service road and get your parking in, build buildings, have buffer zones and setbacks,, I donet think it can be done,, I think we at least should see a precise plan with this I think this would be creating more problems than it would be solving,, Also, this plan leaves the problem of Duff Avenue,, Most of us would like,.to see Duff permanently closed,,' Mayor Snyder: The zoning has nothing to do with the planning of the street,, . Mr,, Charles Wilt: I realize that but once you get the zoning, that is a wedge,, The next thing you know you come back with a problem area and to solve your new problems you have to get more variances, buffers and everything else that goes with this,, This opens the door without knowing what these other problems are,, Councilman Heath: City Attorney, Mr, Williams: What are the boundaries of this application? Mr. Jett has indicated that that rear part is withdrawn from this application,, Councilman Krieger: As I remember at the Planning Commission hearing it was the applicant's request that that back portion be withdrawn and maintained as R-A,, Mr,, Artie R,, Jett: REBUTTAL That's correct,, Mr,,. Artie Ro Jett: Mr,, Wilt referred to this as'a service road,, This would be a driveway that would serve the tenants and the customers of the offices into the parking area only,, It is not a through street or service road,, The apparent major concern of Mr,, Wilt is the continuation of Duff Avenue,, We do not propose at this time any continuation of Duff. Avenue However, what we do have in mind in the future is cul-de® sacing Duff Avenue and putting single family.residences on that property,, This would then continue the same use that now exists on Duff Avenue and would in no way interfere,with that There being no further.public testimony, the hearing was closed,, Councilman Krieger: Mr,, Jett,,.how many record owners are involved in this application? Mr,, Artie R,, Jett: Four,, Mr,, and Mrs,, Robinson; Mr,, and Mrs,, Jett; Mr,, and Mrs,, Hazard; and Mr,, and Mrs,, Charles Mueller,, Councilman Krieger: Three of the record.owners are here tonight and one is absent? m12® Ca Cc 9/28/64 ZONE CHANGE NO, 322 Continued o maw Page Thirteen • Mr, Artie R, Jett, Yes, He was unable to be here tonight because of illness, He had planned to be here. He does join in this application, Councilman Krieger, Is it the representation of the applicants that this property if rezoned R®P would be developed as one parcel? Mr, Artie R, Jett, No, We would each develop our own properties. We are not trying to build one big long building here, Each would develop and in fact my parcel would be the first one developed. If you approve our zoning tonight we will immediately begin with our precise plans and bring them before the Planning Department and the Planning Commission, I can assure.you what we'do there would be good for the City of West Covina and something you will be proud of, Councilman Krieger, It was my understanding in your presentation that it is contemplated that there would be in lieu of the four or five openings that presently exist on Glendora Avenue two curb cutsq one contemplated on the south and one on the north side of these parcels, Mr, Artie R, Jett, The one on the south would not • be a curb cut, We would be required to put in a curb and gutter because there is a curb and gutter on one side but none existing on the north side, C� Councilman Krieger, Is it the representation of the four applicants that when precise plans are presented to the City Council for approval that there will be no further requests for curb cuts other than as represented here tonight along the north edge of the property? Mr,. Artie R, Jett, This is right, Councilman Krieger, Notwithstanding the fact that the individual parcels may be independently developed within this zoning if approved, there would be no request by the individual parcels for curb cuts for their individual parcel but rather to benefit the entire parcels and you are authorized to make that representation to us? Mr, Artie R, Jett, Yes, We have discussed this and I have that authorization. I am ready to start building now if we receive our zoning, I don't know that Mr, and Mrs, Hazard or Mr, Mueller are ready at this time to start building, However, I feel that what'l do build will somewhat start a pattern for the development of this property and I.think it is time we do something about this area, Councilman Krieger: request, the record ownership of Mr, and Mrs, Robinson? Mr, Artie R, Jett, The property that is deleted from the application at your that property is in the name of Yes, Councilman Krieger, Mr, Robinson, do you understand that the portion of the property to the west is deleted from this application for R-P? ®13® Ca C, 9/28/64 ZONE CHANGE NO, 322 ® Continued Page Fourteen Mr, Dave Robinson. I think I understand it, Councilman Krieger-, Would you represent to the Council at this time that if this zoning were approved that you would not file an application to this Council for the rezoning of this property to any higher use than a R-1 use? Mr, Dave Robinson. That would be used for houses, Councilman Krieger... Would you be agreeable to the property that would otherwise face Duff Avenue being rezoned from R®A to R®1? Mr, Dave Robinson. Councilman Heath. City Attorney9 Mr, Williams. Yes.,. I would agree to it, Can't we give a lesser zone if the man applies for something greater? Only if it is an included use, R®1 is not included in R-P, Councilman Nichols. Mr, Jett, you indicated that if this zoning were granted that you -would be in all probability developing your .own parcel first, In your presentation you indicate -that based on the present road on the border of the C-1 property you would use that roadway for access to the rear of these properties, I don't understand how you could achieve access to the rear of the initial development if none of the other parcels were developed, Mr, Artie R, Jett. This is something we would work out with the Planning Department and the Planning Commission in determining where an opening would be best suited for ingress and egress, This one parcel is 260 feet and then there -is 80 feet, It would be somewhere around 500 feet, Somewhere in there the Planning Department is going to want a driveway coming from the parking.area to Glendora, Wherever this came$ probably on my property, Iwo uld be happy to set.that entrance up on my property and use that as the present driveway in and out of the.parking area until such time as the rest of it developed, Councilman Nichols. Also, you indicate a strong belief that the development of this parcel particularly with the inception of your own, would set the pattern for development on ---to the north and in your testimony both before the Planning Commission and here you indicated a service type of driveway that would service these various developments and I believe you stated on north toward Cameron Avenue, Do you happen to know whether or not the depth of any of the properties fronting on Glendora Avenue running north to Cameron Avenue exceed your own? Mr, Artie R, Jett. The one next to me exceeds that, It extends back,; I believes 130 feet, Councilman Nichols. Would it be likely that any future developers who might later desire to achieve R-P zoning would follow the conceptual pattern that youare developing if it did not represent the full utilization of their property in their mind? -14® C, C, 9/28/64 Page Fifteen ZONECHANGE NO,, 322 Continued • Mr, Artie R, Jett- In my experience with the City of West Covina on the precise plan the Planning Commission and the City Council have substantially followed the line of development that was originally established and this pretty much carries on .through,. We would not be'deviating.from the existing development because those properties that are out in front of,the Von's Market and further up only set back to -the eaves 11 feet from the curbline, -We.are proposing a 15mfoot setback, This was for the purpose of a sidewalk and landscaping, We do not propose to do a massive landscaping job but have mind something in the way of a fountain or somethirig'that would be attractive, Councilman Nichols- My concern is that this property be of sufficient depth to carry the type of development that you contemplate, If the property is$ then I would have one'feeling;.if it is not, I have still another, In terms of what you have presented to the Council in requesting this first and initial R-P development along Glendora Avenue, you have placed the greatest stress along the fact that there would not be a lot of curb cuts up and down Glendora Avenue; that there would be a minimal number of curb cuts; that they would have access by service type of road to the rear, Yet the longer a service road of that nature would extend, obviously the greater traffic load it would have to carry even to the extent -of servicing a number of professional type facilities, It would involve perhaps in my mind a two-way traffic as well as adequate off-street parking, It would be apparent to me that you could put a development with proper setback and ample parking behind, I do not quite see how you propose to provide this adequate parking and also provide a traffic pattern. It is all well to say you will do this by precise plan later, If on the fact of it the land will not hold that tyoe of use, then the zoning inherently would be improper© I would like your comment on that, Mr, Artie R, Jett- We know from past experience that the situation of a parcel of land does not necessarily mean it is not usable, not developable, but it means that you have to find a use that would fit on that piece of property and develop it in a manner that is economical, feasible. Office buildings can be 30 feet deep, 50 feet deep, 100 feet deep. We propose only office space for this area, This would mean we would have to satisfy the.Planning Commission and the City Council that what we were doing was feasible and a good development, Our building would be about 50 feet deep, 60 feet for parking and driveway, angle parking is 17 1/2 feet ®m 35 feet on parking and leaving us with a 25mfoot driveway, If we want to have two-way traffics this would be possible, We only have 12mfoot lanes on our major streets, Councilman Heath- As far as this service alley in the back following to the north, it is true those parcels are deeper but the alley can.be offset very readily for that small amount and can continue to make this circuit of traffic for the full length of the development and there should not be any more curb cuts, Mayor Snyder- What is the required distance for an alley and parking on each side of the alley? ®15® C, C, 9/28/64 ZONE CHANGE NO, 322 - Continued Page Sixteen • Planning Director' Mr, Joseph: They vary depending on the angle of the parking, You go froma. 65-foot minimum on 900,parking and the requirement becomes narrower the more you angle your parking, Mayor Snyder: Planning Director, Mr, Joseph: Mayor Snyder: For 450 parking, how much do you gain? It would be 61 feet post to post on a two-way drive, On a one- way'drive it would be 57 feet, This could probably be worked out as a one-way drive,, if necessary, Councilman Heath: I think this shows a feasible development could be made and it would have to be shown on a precise plan, How many houses are between your property and the Alscot property? Mr, Artie R, Jett: I believe there are seven, Councilman Nichols: I have attempted to study this matter.very carefully. I believe that any resident of this City is entitled to a hearing before this Council whether he be a Councilman or a citizen. I believe also that ultimately Glendora must develop in some pattern along this line, I would much rather see it go into R®P than into a lower type of commercial use, With only one reservation, I believe I could in good conscience favor this zone change, and that reservation is the land that abuts this property on the west which was withdrawn from the application, That land would be remaining R-A, I have a concern that this Council by inaction might indicate to some future applicant the willingness of this Council to rezone that property also for R®P use and my personal feeling is that such rezoning should not go deeper than the one -lot depth on Glendora Avenue in order properly to protect the R-1 zones to the rear, I would propose to initiate on the part of the'City a rezoning of the parcel to the west comprising the four -lot area to rezone that to Rml before I would propose to vote on the matter for rezoning the property on the front to R-P, Would it be possible to initiate a rezoning on.the rear portion of this property and initiate the action at the Council level to rezone the property as requested R-P and consumate both of these actions at the same time one preceding the other? City Attorney, Mr, Williams: You could, It would delay the adoption of the R-P ordinance approximately eight weeks, Would the purpose be just as well served if proceedings were then pending to zone the remainder Rml when this becomes effective? Councilman Krieger: In commenting on Councilman Nicholls position, I certainly take cognizance of the same problem with respect to the R®A to the west, Although I would be the first to concede that there is no legal obligation on their part to abide by their representation to the Council, I certainly consider it a moral committment in a matter that would stand'as public record and on that basis I would consider that.a City initiated rezoning of this property if opposed by the record owner of that property at any stage of the proceeding would -16- C, C, 9,/28/64 Page Seventeen ZONE CHANGE NO, 322 ®'Continued • stand them in poor stead as far as this Councilman is concerned, I would agree with the City Attorney that the ends which must be accomplished could be well accomplished by virtue of treating the rezoning by City initiation as a separate matter and considerationo I am concerned only with the representations and the specifications of the application here tonight(, While a City Councilman should not receive favor or special consideraton by the City Council -neither do I think he should be penalized because he is a City Councilman by the City Council if he brims before this an application in good faith with proper representation and presentation to the Council, I .will accept the applicant's presentation as a citizen of West Covina without being benefited by being a. Councilman or being penalized by being a Councilman and I trust we can consider this matter on the merits of the application as .amended and I would be in favor of the requested rezoning,. Councilman Heath- I would agree with your whole statements mainly the first part, where you feel there would be a moral obligation on the part of the Ro.binsons to.continue on with the zoning since they have agreed to it tonight, Councilman Nichols: I am not quite this. optimistic, There is.every possibilitv., in all deference to the applicants, that.these-fine people who have • lived and owned this property for so many years might now choose to dispose of the property and a new owner without the noble attachments might come in and might not hold to any moral precomm mittments'made here tonight and if this property were so rezoned by the City Council there would be nothing in the record in the way of .formal City.action what is the Council's intent regarding this property, City Attorney, Mr, Williams- I suggest that if,it is your desire assuming that the owners agreed to the Rml on the property in back, to zone the rest R-Po All you would do tonight in effect is direct the preparation of an ordinance and indicate that you would introduce that ordinance next meeting if in -the meantime the owners of that -remaining back property have filed -an application -of their own to zone that property-R®lo Councilman Nichols- This would be very satisfactory from my point of view,, City Attorney, Mr, Williams: You can indicate right now your intention to act favorably. only if the -application has.been filed to zone that remaining :back portion R®1 before your next meeting, Mayor Snyder- There isn't any.way,you can guarantee that this is going to remain R®1, Councilman Nichols- That is true but I feel this Council should go on record where this R-P is to stop and where it is to begin, 17® Ca C, 9/28/64 Page Eighteen ZONE CHANGE NO,, 322 Continued Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that the City Attorney be directed to.prepare an affirmative ordinance regarding the rezoning of property mentioned in Zone.Change No,, 322 from R-A and Rml to R-P based upon the expected,affirmative appli- cation of the owner to request such Rml.zoning on those rear lots,, (Councilman Jett returned to the Council bench,,) PRECISE PLAN NO,, 106 (REV,, 1) B,,PcO,, Elks Lodge 1996 APPROVED LOCATION- 841 West Merced between. California and Glendora,, Request for approval of precise plan for.addition to (lodge hall) building approved by Planning Commission Resolution Noa 1678,, Called up by .Council on September 14, 1964, City Clerk, Mr,, Flottena There were 23 notices mailed on September 16, 1964, and notice of this public hearing appeared in the West Covina Tribune on September 17, 1964,, (Read Planning Commission Resolution No,, 1678,,) Mayor Snyder - IN FAVOR This is the time and place for the public hearing,, Mr,, Tanking We are not asking for anything 1538 East Cameron radically different than West. Covina what was agreed upon by the West Covina Planning Commission and City Council in 1957. All we are suggesting is that it might be better for both our lodge and for the City of West Covina if we arrive at this request for a change instead of having two additions to the building built as in the original precise plan that we build this only other addition,, It conforms with the parking arrangements and land use, We have done, much to agree with the conformity of the neighborhood in various uses, easement grants to the City,, We have cooperated fully with the needs for apartment dwellers and developers in the back,, There being no further public testimony, the hearing was closed,, Councilman Krieger- I am the Councilman who called this matter up,, It had to do with a notation on the Planning Departmentes report to the Commission - "The property across'Wescove Place is zoned Rm3 and used for multiple family purposes and perhaps a block wall between the parking area and the street would be appropriate," I had the benefit of the considera- tion of that note that the Planning Commission engaged in and there was a certain discussion particularly between.two of the Commissioners and Chairman Fast expressed some concern with the need for such a wall to cut out the headlight glare and one of the Commissioners commented that the residential to the north was set up on a little slope or hill and therefore the difference in topography would remove any objection to headlight glare and avoid the necessity or desirability of even a low wall on the north side of this property,, - In reviewing the topography of the property, I have to take issue Ca C, 9/28/64 PRECISE PLAN N0, 106(1) m Continued Page Nineteen with the comments of the Commissioner who made such statements and I would have to state that the headlights on the parking lot would project approximately at the window level to the Rm3 property to the north, Because of this, I felt it advisable for the Council to give further consideration to the note of the Planning Department, I don't visualize any large wall. I think it would be advisable to have an additional condition to require that a block wall be installed along the north edge of the property so as to avoid the headlight glare acrossthe street into the R-3 developmento Mr. Tanking, do you have any comments to make on this observation .that I have made? Mr, Tanking: It is just my thinking that we have been most cooperative and allowed a considerable opportunity for that development to our north in many of our concessions. We have asked nothing of them and have granted considerable to them and I am wondering if the gentleman who constructed that activity were his tenants bothered >m I don't know of any objections to these lights on the part of these people living in these apartments,, There are just four or five immediately across the street, We have heard nothing about this matter,, This wall would involve a considerable cost to us, Councilman Nichols: In respect to the need for protection of adjoining property, I would concur with Councilman Krieger, However, we are talking about a piece of ground whose frontage is approximately 350 feet along Wescove and the installation of a block wall would run somewhere in the neighborhood of $3,00 a foot, I think there may be an area here where the Elk's Lodge can make an effort to provide some additional screening at relatively modest cost, The precise plan now calls for water outlets to service,planting in the parkway along Wescove Place, I would think an inclusion in the precise plan for a suitable shrubbery border to provide screening along the north edge of the property line instead of the parkway line that would meet the approval of the Planning Commission, could meet Mr, Krieger's objections and be accomplished at a far lesser cost to the Elk's Lodge and not at a great deal of continuing expense, If this would satisfy Mr, Krieger I would think in those terms rather than in terms of requiring a block wall, Councilman Krieger: It is not the type of material that concerns me as much as�it is. -the practicability of the barrier,, I am not concerned with the form of the barrier as long as it exists in some form. With respect to this condition as to landscaping to be installed in conformance with the Planning Department study, this just involves trees and a little planting area? Planning Director, Mr, Joseph: Yes, Mayor Snyder: Would a hedge or some sort of folage be objectionable to you? Mr, Tanking: It would be in order and this would be accomplished, There is no problem about a reasonable hedge which conforms to the four or five-foot thought and wouldn't be difficult and can be easily accomplished, -19® f f Ca.C, 9/28/64 PRECISE PLAN NO, 106(1) - Continued Page Twenty Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that Precise Plan of Design No, 106, Revision 19 be approved subject to the conditions imposed by the Planning Commission and in addition thereto an additional condition be added that the applicant be required to plant in specie a four -foot hedge along the northern boundary line of the property as it abuts on Wescove Place and that this be installed and maintained, VARIANCE NO, 517. Ds J, Mahoney DENIED LOCATION. 1332 South Meeker between Sunkist and Walnut Creek Wash, Request for non -conforming lot area, width, depth and rear yard setback in Zone R-1 denied by Planning Commission Resolution No, 1647, Appealed by applicant on August 3, 19649 and set for hearing this date at applicant's request, City Clerk, Mr, Flotten: (Read Mr, Mahoney's letter of appeal dated August 39 1964,) (Read Planning Commission Resolution No, 164.7,) Mayor Snyder. This is the time and place for the public hearing, IN FAVOR Mrs Don Mahoney My existing lot is in excess•of 1332 South Meeker. 189000 square feet in an area West Covina that is R-19 7500 square feet, I offered two proposals, a reduced lot. area with a variance requested on the front and rear setback or an alternate proposal where there would be no reduction in lot area, I would need a variance of five feet on the rear setback only, I am basing this appeal on the fact that this alternate proposal was not considered, I am not asking for a lot split; I am asking for a variance enabling me to build within five feet of that particular fence and I propose to develop the lot at a later date and furnish the City of West Covina with a lot split, Mrs, Grace Fesner 1339 Meeker West Covina the street and we feel this improvement and upgrade the IN OPPOSITION Mrs, Dunning 1246 South Meeker West Covina We don't feel it would detract or downgrade the neighborhood but upgrade it, There are some unsightly views across house Mr, Mahoney proposes would be an neighborhoods because of the tight deed restrictions maintain large lot sizes, Perhaps what I have lived on this street -for 14 years and I along with most of the home owners here purchased our lot and built our home in this area which was to help Mr, Mahoney asked if it was -20- • �J C, C, 9/28/64 VARIANCE NO, 517 ® Continued Page Twrenty®One just one person might not be considered too bad but this would be a precedent and there are some people in there that have :larger lots than his and if this sort of thing was started there would be a deterioration in this residential area, Any cut up in the lot sizes would only tend to depreciate the value of the rest of our propertya His -lot would be the start for the other people who want to do this and this would leave the area open for speculators and not do anything for the people who live there, Councilman Heath: What is the deed restriction you refer to? Mrs, Dunning: When we purchased this property there were deed restrictions keeping this property, -to a certain lot size in order to keep us from being on top, of our neighbor, These deed restrictions I know can be changed by the Council or the Planning Commission, The Planning Commission turned this down, Mr, Sam Embry 1305 South Meeker West Covina is desirable in an area where allowed to split his lot, it have been set, Mr, Fred Besh 1245 South Meeker West Covina Mrs, Denton 1309 South Sunkist West Covina and if it goes through these If this variance `is approved, REBUTTAL I have no doubt that he will build a nice house and improve the neighborhood but I don°t think a 6100 square foot lot all the lots are large, If he is is the beginning; the precedent will I second everything the others have said, I feel the granting of this variance will lead to more variances and rezoning, We bought here for the large lots, There are people in this area waiting to see if Mr, Mahoney gets the zoning people will request their lots split, it will make way for the others, Mr, Don Mahoney: Originally I preferred to have the smaller lot because it was more shapely and. would involve requesting four variances in order to get a home on this piece of property, I do have enough land there where I can conform to the.Cityls regulations in this particular area which calls for a 7500 square,foot area with a lot 60 by 120 for Area I. I am applying for a variance, not a lot split, The majority of the neighbors in the area, the immediate area are all in accord with me, I have letters.signed by these neighbors ®� City Attorney, Mr, Williams: To withhold these letters until after the opposition has spoken and endeavor to present them now I do not believe any of this is proper rebuttal, They should have been presented in the original presentation, Mayor Snyder: I think it is in variance with our procedure and I would rule that we cannot accept these letters, -21® C, C, 9/28/64 VARIANCE NO, 517 m Continued Page Twenty -Two • Mr, Don Mahoney. There is only one person that I know of in that immediate area who is opposed to my planning to build another house on that land. I think my request is reasonable,, A house on this piece of property will.enhance_the value, There being no further public testimony, the hearing was closed, Councilman Krieger. With due respect to Mr. Mahoney as well as due respect to the people who have come here this evening in opposition to the variance, I suggest that none of this is in consideration of what the code requires, The duty and the responsibility of the applicant is to prove to the satisfaction of the Council that four grounds exist for the granting of a variance and I, for one, would not care if every neighbor here were in favor of this application unless the applicant can satisfy the Council that the four grounds exist, Just to look at the first two, "(a) That there are exceptional or extraordinary circumstances not applicable generally to the other property or class of use in the same vicinity or zone, (b) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property in the same vicinity and zone but which is denied to the property in question," We have heard no evidence whatsoever on even the first two grounds for a - variance, Councilman Nichols: I would concur wholeheartedly with Mr. Krieger's statement, In my mind there has been no showing whatsoever for a variance, This'has been the most remote presentation in my experience on the Council from what is purported to be sought here, Mayor Snyder. I would agree with that, . However, the man had a right to apply for a variance, Councilman Nichols. I d.idn°t mean to infer that, I mean my own reaction to the presentation is that I cannot see the requirements for a variance being met,' I am sure Mr,, Mahoney came before us in good faith as he saw it and made his application just as we are required to respond in good faith, Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that Variance No, 517 be denied upon the grounds that the code requirements for the showing of a variance have not been met, AMENDMENT N0, 65 Request for amendment to the City Initiated Municipal Code relating to yard APPROVED and setback provisions as they relate to -the R-A and R®1 Zones and approved by Planning Commission Resolution No,, 1667" Held over from September 14, 1964, City.Clerk, Mr, Flotten. (Read memo dated September 28, 1964 re this matter,,) m22® C, C, ' 9/28/64 AMENDMENT NO, 65 ® Continued • Mayor Snyder: Page Twenty -Three This is the time and place for the public hearing, There being no public testimony, the hearing was closed, Motion by Councilman Jett, seconded by Councilman Nichols, and carried, that the City Attorney be directed to prepare the necessary ordinances for the approval of Amendment No, 65, AMENDMENT NO, 52 Request -for amendment to the City Initiated Municipal Code relating to APPROVED those sections of the zoning provisions pertaining to -precise plans and slight modifications, approved by Planning Commission Resolution No, 1130, Matter received July 13, 1964 and tabled until the first regular Council meeting in September, 1964, Planning Director, Mr, Joseph: (Gave brief summary of this -- matter,) Councilman Krieger: On June 30 of this year by appointment of the Council, I met with Commissioner Fast, the City Manager9 the Public Services Director, the City Clerk, the City Attorney, and the Planning -Director to discuss on procedure recommendations that could be made to the Counc l.in order to expedite the business of the Planning Commission and the Council and one of the matters brought up was Amendment No, 52 which has been batting around for some time now, The first suggestion was it be taken back to the Planning Commission for review by the present Planning Commission so we could have the benefit of their thoughts on it and the advisability of this procedure, They did discuss it, It was the unanimous recommendation of the Planning Commission that such a procedural rule be adopted, This would not initially or immediately benefit the Council except indirectly but - I think it will materially benefit the Planning Commission in. terms of removing certain items from their agenda which might well be handled by -.a review board and I doW t believe it deprives the appli® cant of any rights whatsoever but it would benefit the Planning Commission in allowing them more time for consideration of other items on their agenda which are of a more pressing nature, Councilman Heath: I see your point, Mr, Krieger, and it has considerable merit, I feel that I at this time would have to take a different stand for the following reasons, I think the Planning Commission and the Council are going to have to realize that this is a full-grown City and there is going to be a requirement of one night every two weeks or.so to get the City business done, If the Planning Commission has an agenda that is full, I think they, the same as the Council, should put in a Planning Commission meeting once a week and a Council meeting once a week, or twice a week, but I don't think we should delegate our responsibility, One reason I don't think it will work is if you look at past history you"will realize that one out of ten cases does the Planning Commission adopt the staff's recommendation wholly and if we delegated this work to the staff or this Review Board we would-be saying, "We.know that the Planning Commission has different opinions than your Board but we are going to give you --this work to do anyhow",, and I think this wouldn't be a good idea, I -23- Co Co 9/28/64 AMENDMENT NO,, 52 - Continued Page Twenty -Four feel we are putting too much authority on this Review Board,, The • stipulations that are made on a.precise plan cost money,, I feel it is the responsibility of the Planning Commission and consequently the Council to take this responsibility and I think those people being more responsible to the property owners taxpayers, will use a little discretion in some of the requirements that will be needed. It is true people can appeal this decision of.the Review Board to the Council, but look at the procedure,, It will be appealed to the Council; the Council will send it back to the Planning Commission; the Planning Commission will act on it and send it to the Council for finalization,, Maybe- it:won't come back to the Council for finalization,, It is just dragging out a long procedure and making unnecessary steps,, I feel in summary that you are working with precise plans, the requirements of which cost money and I think when we start stipulating conditions that it be the conditions considered by a board of the staff accountable only to the City Manager, and not to the taxpayer,, Councilman Jett: I think this particular amendment has been given more consideration than any other amendment brought before the Council. since I have been a member,, I think we have discussed about every phase of it,, I have never been in favor of the precise plan,, However, I do realize it certainly has its merits and there have been times when it has accomplished for the City those things that would not have been able to be accomplished any other way,, I have certainly arrived at the opinion that if we can delegate some of the work to a committee without infringing upon the Planning Commission or the City Council's authority I can't help but think maybe this is a good move and a step in the right direction because there are many many precise plans that are routine,, The applicant has the protection if he is not satisfied of appealing it,, Also, the City has the right of calling it up,, Councilman Krieger: Councilman Heath made three points and I believe there is some validity to the second and the third but the first had to do with time and I have had the privilege of sitting with the Planning Commission now since April, which is five months, and there have been very few weeks in those five months where that Planning Commission sat only twice a,month,, These men have been in many adjourned meetings and these men have devoted additional meetings which were not part of their regular duties in order to be acquainted with various aspects of our City problems including the civic center, the freeway, the parks and recreation problem, so I don't think it is a valid analysis of this particular amendment to state that the Planning Commission should recognize that this is a big City,, The Planning Commission of this City is intimately acquainted with the problems of this City and devote many more hours to their job than might reasonably be expected or asked of them to do and I certainly can attest to that from first-hand knowledge as to the time and devotion these men spend on their job,, The second point had to do with the fact that the Planning Commission often takes the recom- mendations of the Planning Department and overrules them or changes them or modifies them and in the field we are discussing pure and _24_ C,`C, ' 9/289 1964 Page Twenty -Five AMENDMENT NO, 52 - Continued simple precise plans again and again my experience has been just the contrary and that is that the conditions that have been recommended by the Planning Department have been imposed again and again by.the• Planning Commission in toto and it hasn't been a matter of overruling the Planning Department, The third point is that the applicant should have the benefit of a full hearing before a duly constituted body of five men, I don't see anything sacrosanct in, the number hearing it, I think what is important is the qualifications of the individuals hearing it, The Review Board is constituted by the Planning Director, the Chief Building Inspector, and the Public Services Director who are, in this City, eminently qualified men and if the thesis is the applicant should have the benefit of a hearing before the Planning Commission it certainly follows that they have the hearing after a hearing before eminently well qualified men within our own City and if this thesis is true and I believe it is that applicants should have the benefit of due process in our City, I say this is true for all our citizens and not just those applicants who are again and again before us to the extent that the Planning Commission as well as the City Council cannot devote itself to other matters of the City which have importance because they are continually drained in time and effort by devotion to duties that. require services to individual.applicants or various individual matters, I think it is equally important that the benefit of the Planning Commission as well as the Council be extended to all citizens of this City so they can perform their duties in the best possible manner and in an atmosphere most conducive to constructive thinking and positive action, I think along this line we are not jeopardizing the rights or privileges of any applicants; we are providing him a forum of qualified men, assuring his rights of appeal,, We are freeing the Planning Commission from onerous and unnecessary duties and we are allowing both the Council and the Commission to attend to their responsibility to the citizens as a whole, That is why I am in favor of it, Councilman Heath- In the first point you brought out, I said that the Planning Commission and the Council should realize that this is a big City and put in the necessary time, You are doing it yourself, You are putting in the necessary time that is needed to do this job and some of us coming four and five and six nights a week and therefore I say that the Planning Commission if they have certain responsibilities to do that they should put in four, five nights a week and I don't think the answer is for them to delegate their power to someone else because of the lack of time, Perhaps you have been closer to it - but I still feel from my own observation that the Planning Commission has overruled the staff in many cases. The third point was the one. most important being that if we are going to delegate this responsibility to qualified people you can't argue the point that our staff in Planning and other departments are qualified as far as zoning is concerned; you can't argue the point they are well qualified in zoning, in evaluating the conditions of an unclassified use permit; well qualified in studying and evaluating the conditions of a variance as to whether it has met the conditions, so if we are going to use that argument I think we should say these men are exceptionally . well qualified and should be able to pass on precise plans because they are well qualified but in the same breaths we have to admit that these people are well qualified in zoning, variance, et cetera, Let's give it all to them, ®25® Ca 'C, , 9/28/64 'AMENDMENT NOa 52 Continued Page Twerity®Six • Councilman Krieger: We discussed that possibility, not seriously, and if I remember .the comments of the City Attorney, this came to what duties we could .delegate and what we could not jursidictionally delegate,, As I remember your comment, Mr. Williams, there are certain duties that are delegatable whereas the duties that you specify we could not validly delegated City Attorney, Mr, Williams: Zoning you cannot delegated You could delegate variances - and I would foresee the day when you will,, As the City grows larger one of the answers is the one you have suggested, that the Council meet more and more frequently and the Planning Commission -do the same, The Council in Los Angeles is the only legislative body in the world that meets every day but it couldn't handle the variances in Los Angelesd Variances are not handled by the City Council in Los Angeles,- Here if you have a hearing and an appeal you occupy the Planning and the City Council,, The County,_ Long Beach, Pasadena, others, do.not occupy both the Commission and the Council; they occupy one or the other, depending where the appeal lies but the• initial action is by an administrative board or an administrative persona The real key to cut down is not to meet twice as often but.to delegate authority, Councilman Heath: I don't know of any other organization where. this sort of authority is delegated below a Planning Commission level, City Attorney, Mr, Williams:. Los Angeles delegates ii lower. Many cities have a Zoning Administrator, A zoning administrater hears these cases. Councilman Nichols: I have one mental reservation, however, that hasn't been touched upon, At the present time a person to file an appeal has to pay a fee, This fee is $25.00,, Under this proposal, civil servants would, in effect, have the power to require the citizen to pay a fee to appeal the ruling of the civil servant to the elected or delegated authority, is that correct? Planning Director, Mr. Joseph: That is correct,, This is exactly the way it is done right now with'the Slight Modification Board,, Councilman Nichols: Should a citizen be required to pay a fee in order to appeal a ruling by a civil servant? Is this done in practice in other cities? If so, there is a precedent for 'it elsewhere, It is a reservation I have and I would like to'stipulate that, Other than that reservation I feel we have operated for quite some time under the present system and found it to be'cumbersome and burdensomed As our City grows there are more and more demands on all bodies, In the same fashion, we could amend the code; we could re -amend the code if it worked out to.be unfeasible at a later time and this Council .so deemed it, I would favor at least giving this a try and seeing if we can't begin embarking on some of these areas to reduce the work load, If the vast majority of these 'decisions are appealed, then I would be the very first to urge a return to the present structure, ®26® C,, Ca 9/28/64 AMENDMENT NO,, 52 ® Continued Page Twenty -Seven Mayor Snyder, The statement that this Board would be responsible to the City Manager only is not true because they are still responsible to the Council,, If this doesn't work out we can always change the ordinance back,, Councilman Jett- I go along with Councilman Nichols on this fee thing,, I can't understand why a proponent would be required to pay a fee to appeal a variance, a precise plan to the City Council, which is. the final say when they are a recommending board and recommending this approval,, If they deny it and get it before the body who has the final say on it they have to pay another fee,, This is something I don't understand,, City Attorney,. Mr,, Williams, Isn't that true that is something you can never satisfactorily resolve? Theoretically, the fee they pay is merely the cost of advertising,, You look at it in one respect m- if a man has a merit- orious application and for some reason it is denied at the administrative level, it seems wrong to make him pay a fee to have it heard at the higher level and granted. But look at the other guy,, Should someone be allowed to take 45 minutes of your time and cause you.to hear a hearing for 45 minutes at the expense of the general public for advertising -to take up your time for a worthless application? Councilman Heath, If we embarked under this present proposals this would go before a Review Board; there would be no public hearing. The people in the area would not have a voice in the matter," would not know what was being placed against them,, Planning Director, Mr,, Joseph, The Review Board notifies surrounding property owners,, We do hold a public hearing,, Councilman Heath, You are working a hardship on the person by holding it during the day,, Councilman Krieger: Our courts do it all.the time,, City Attorney, Mr,, Williams, All Los Angeles hearings are during the daytime,, Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, that.Amendment No,, 52 be approved and that the City Attorney be directed to draw up the necessary ordinances,, (Councilman Heath voted "No",,) GENERAL MATTERS ORAL COMMUNICATIONS None -27- • I c, C, 9/28/64 GENERAL MATTERS Continued WRITTEN COMMUNICATIONS None CITY ATTORNEY ORDINANCE HELD OVER .Zone Change 316 Councilman Krieger- Page,.Twenty®Eight The City Attorney. presented- "AN.ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 316$ Buchanan and Martin) Move that this matter be tabled to the next regular meeting of the City Council for the purpose of inviting the applicant.'to attend the meeting for the purpose of inquiring of him as to certain testimony that he gave before the City Council at the time that this zone change was before us and the purpose of such inquiry is to determine whether or not to,reopen the matter for further consideration by this Council, The applicant is'not present tonight, I have certain questions I would like to direct to him based upon his 'direct testimony to the City Council in support of his application and until such time as I did receive answers to certain questions which would enable me to determine whether this should be reopened or not, I would not be prepared to vote on this tonight', Mayor Snyder- I don't see how the two items in his memo.have any relation to the zoning situation. It is not necessary for a man to own the property to make an. application, I don't see how that has any bearing, Councilman Krieger- Without commenting further upon the testimony given that nights I don't think it is proper for this Council to determine a matter which was jointly heard, the testimony ran the gammit of the merits on both matters and the applicant has come forward voluntarily to correct certain testimony that he gave before this Council and my decision to vote in favor of the zoning, to vote in favor.of the unclassified use permit was based on his total testimony and if there are certain changes to be made in his testimony I could like to inquire whether or'not there are any other changes he would care to make in his testimony and as.to the justification and reasoning he now requests to make in his testimony, Councilman Heath. Can we reopen the hearing? City Attorney, Mr, Williams- I think the motion is to invite the applicant to be here and to question him only on his testimony, not to question him on the merits of the zoning matter but to determine from his explanations whether or not there should be a reopening of the zoning matter, If there is, there would have to be another notice given, This would be a questioning on his statements. The invitation would be to appear here and explain and be questioned as to the validity of the statements die ,made, -28- C, C, 9/28/64 ORDINANCE (BAUCHANAN'AND MARTIN) - Continued Page.Twenty-Nine If the only things he wanted to change was the length of time'he held it -was five months instead .of six months and the amount paid was all on a trust deed instead of cash down, the deed wasn't recorded until September although he said it was recorded in February, none of these statements have any bearing whatever on the zoning and if that is all that occurrs, you are free to.go ahead with whatever action you wish, If you go into any discussion that has to do`with other statements which did have a bearing on the zoning~ then I think it would be incumbant on you to immediately stop the proceeding and give the opponents an opportunity to be heard, ,.Councilman Heath: For this reason I will have to abstain. in this matter because I can't quite justify in my mind what would possibly change. my opinion that would cause any reconsideration of the zoning, Councilman Nichols: I was the Councilman to make inquiries as_a result of information that came to me following which the communication from, the applicant was received by each Councilman. The questions that I raised were substantially answered in the communication we received and up until just a few moments ago I had no further questions to raise, However, the.City Attorney has ruled that in fact the errors in testimony were not legally corrected on the record as a result of the written communication and it is my understanding of the law relative to zoning that incorrect statements given in,testim*ony if later construed.in certain manners are grounds for revocation of zoning and I would .not think that any Councilman present here would want to knowingly leave threads dangling in a matter of importance. both to the applicant and the Council and therefore in light'of the ruling I feel.we are compelled to have the testimony corrected in such a way that the correct testimony is in the record,, Action on Councilman Krieger's motion to table this matter: Seconded by Councilman Nichols, and carried, (Councilman Heath abstained,) City Manager, Mr,, Aiassa: This will be taken.up at the meeting of. the 13th Mayor Snyder: Rut it on the City Attorney's agenda,. We would like both applicants present, RESOLUTION The City Attorney presented: HELD OVER "A RESOLUTION OF THE CITY .COUNCIL Unclassified Use Permit 93 OF THE CITY OF WEST COVINA GRANTING UNCLASSIFIED USE PERMIT N0, 93" (Bauchanan and Martin) Motion by Councilman Krieger, seconded by Councilman Nichols, and �. carried, that this matter be tabled to the nex t regular meeting of .Tuesday, October 13,,1964, . 1-29- 0 C, C, 9/28/64 CITY ATTORNEY - Continued • ORDINANCE NO, 882 ADOPTED Zone Change 315 - Mayer I] J I Page Thirty 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 3159 Mayer) Motion by Councilman Heath,.seconded by Councilman Jett, and carried, to waive further.reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Jett, that said ordinance be adopted, Motion passed on roll call as follows-. Ayes: Councilmen Jett, Nichols, Heath, Mayor Snyder Noes., -,Councilman Krieger Absent: None Said ordinance was given No, 882, ORDINANCE NO, 883 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST­COVINA AMENDING ORDINANCE NOo 879e' Motion by. Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance, Motion byiCouncilman Heath, seconded by Councilman Krieger9 that said ordinance be adopted, Motion passed on roll call as follows-, Ayes-, Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes-.. None Absent-, None Said ordinance was given No, 883, ORDINANCE.INTRODUCTION Zone Change 318 Barnaby and Greenwood 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 318, Barnaby and Greenwood) Motion by Councilman Krieger* seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that said ordinance be introduced., -30- • I C, C, 9/28/64 "CITY ATTORNEY - Continued ORDINANCE INTRODUCTION Zone Change 314 Cunningham and Diedrich Page Thirty -One 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 314, Cunningham and Diedrich) Motion by Councilman Heathy seconded by Mayor Snyder, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heaths seconded by Councilman Jett, that said ordinance be introduced, Motion passed on roll call as follows.- Ayes.- Councilmen Jett, Nichols, Heaths Mayor Snyder Noes.- Councilman Krieger Absent: None ORDINANCE INTRODUCTION Zone Change 320 - Metcalf 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 320, Metcalf) Motion by Councilman Heath, seconded by Mayor Snyder, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Jett, that said ordinance be introduced, Motion passed on roll call as follows.- Ayes.- Councilmen Jetty Heath, Mayor Snyder Noes.- Councilmen.Krieger9 Nichols Absent.- None RESOLUTION NO,.3014 ADOPTED Unclassified Use Permit 90 Precise 'Plan 416 . Cunningham and.Diedrich Mayor Snyder. - The City Attorney presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING AN UNCLASSIFIED USE PERMIT AND APPROVING A PRECISE PLAN OF DESIGN" (Cunningham and Diedrich) 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 Jetty Nichols, Heath, Mayor Snyder Noes.- Councilman Krieger Absents None Said resolution.was given No, 3014, -31- • Cc. Cc. 9/28/64 CITY ATTORNEY Continued Page Thirty -Two RESOLUTION NO, 3015 The City Attorney presented - ADOPTED "A RESOLUTION OF THE CITY COUNCIL V 5.18 —Prows OF THE CITY OF WEST COVINA DENYING A VARIANCE" (V 5189 Prows) Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Jett, 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, 3015, RESOLUTION NO, 3016 The City Attorney presented-. ADOPTED "A RESOLUTION OF THE CITY COUNCIL V 519 - Aus OF THE CITY OF WEST COVINA GRANTING A VARIANCE" (V 519, Aus) Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Jett, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath Noes: Mayor Snyder Absent- None Said resolution was given No, 3016, RESOLUTION NO, 3017 ADOPTED Mayor Snyder: The City Attorney presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA COMMENDING MRS, ALDON L, LAIRD FOR HER ACTIVITIES IN THE FIELD OF DECENT LITERATURE" Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Jett, 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, 3017, -32- 0 • C, C, 9/28/64 CITY ATTORNEY ® Continued Page Thirty -Three RESOLUTION N0, 3018 The -City Attorney presented - ADOPTED "A RESOLUTION OF THE CITY COUNCIL Proposition No. C OF THE CITY OF WEST COVINA ENDORSING WITHOUT QUALIFICATION LOS, ANGELES COUNTY PROPOSITION NO, C" 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, Krieger, Nichols, Heath, Mayor Snyder Noes- None Absent-- None Said resolution was..given No, 3018, RESOLUTION NO,.3019 ADOPTED Unclassifed Use.Permit 71 Home Savings and Loan Mayor Snyder-' City Attorney, Mr, Williams - The City"Attorney presented. - ,,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO, 257011 (Unclassified Use Permit No, 71, Home Savings and Loan Assoc,) Hearing no objections, we will waive further reading of the body of the resolution, In granting to the Home Savings and Loan Association last February a permit to operate a sanitary land fill there was attached a long list--of_conditions, I think some of these.conditions were produced by some engineer for Home Savings and'Loan, Among the conditions is a requirement that the.plans for the land fill area be drawn by a Civil Engineer registered in the State of California and who is certified in sanitary engineering by the American Intersociety Sanitary Engineering Board, Now Home Savings and Loan itself prom duces an operator who has been in the business of operating this .type of operation for 25 or 30 years and'who is a renown sanitary engineer by the name of Charles Miller but who does not belong to the American Intersociety of Sanitary Engineering Board. Consequently, the same people who requested some months ago that we adopt this now request that we unadopt it and provide instead that the plans for . the land fill area be drawn by a Civil Engineer who is registered in the State of California and who has had substantial experience in the engineering of sanitary land fills, We would be deleting the belonging to this private society and requiring substantial experience, m33® t C,, Co 9/28/64 RESOLUTION NO,, 3019 (HOME SAVINGS).- Continued Page Thirty -Four Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted,, Motion passed on roll call as follows. - Ayes: Councilmen Jett, Nichols, Heath, Mayor Snyder .Noes: None Absent: None Abstained: Councilman Krieger Said resolution was given No,, 3019',, LEAGUE MEETINGS City Attorney, Mr,, Williams,, I would like to attend the League of California Cities .Conference,, Motion by Councilman Jett, seconded by Councilman Heath, that the City,Attorney be authorized to attend the League of California Cities Conference,, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Motion by Councilman Jett, seconded by Councilman Heath, that the City Council be.authorized to.attend the League of California Cities meetings and that their expenses be paid and that the City Clerk be authorized to set up the usual hospitality room and extendan invitation to the staff of the City Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Heath, Mayor Snyder Noes: None Absent: None Abstained: Councilman Nichols FOREST LAWN City Attorney, Mr,, Williams: Our time has begun�to run in the filing of our brief in the appeal of Forest Lawn,, We have about 40 days .to complete and file our opening brief so if there is to be any effort at settlement the effort should not be long delayed,, Mayor.Snyder: I haven't had any approaches on the settlement. Do you think it behooves us to make the approaches? City Attorney, Mra Williams: I think it does if we have a desire to get that 100 acres in,, Councilman Krieger: WasnBt the City Manager to contact the individual involved? -34- • • • C, C, 9/28/64 FOREST LAWN - Continued City Manager, Mr, Aiassa: CITY MANAGER REPORTS TRAFFIC COMMITTEE REPORT ON "NO STOPPING" SIGNS ON PACIFIC AVENUE Page Thirty -Five, I did that, I'll try again, He is supposed to come ''forth with a proposal, City Manager, Mr, Aiassa: You have received a copy of the .. staff report, (Read said report.) This is an acknowledgement of the petition we received, there will be a follow-up report for the improvements on Pacific Avenue, At the present time the City staff has recommended -that they permit these "No Stopping" signs to. remain. Councilman Nichols: There can be no question but what the placing of the "No Stopping" signs is a.considerable inconvenience for the property owners there and there has been therefore a statement of intent that there is to be ultimate improvemnts in this area, Is the staff considering the possibility of a temporary lane extension similar to the proposals on Citrus Avenue> Public Services Director, Mr, Adams: We have quite a problem there, We estimate to add two more lanes there and reconstruct the pavemnt is about $40,000,00, We propose it be in next year's budget, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept the report of September 21, 1964 re this matter and authorize the staff to acknowledge the findings of this matter to the various people who signed the petition, ANNEXATION SOUTH AZUSA AVENUE EXTENSION City Manager, Mr, Aiassa: (Read report re this matter.) Accept this letter as an invitation for us to immediately proceed on this and have the staff make a report for the City Council at the meeting of October 13, Planning Director,.Mr, Joseph: It has to go to the Planning Commission, Could we have a little more time? Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this matter be referred to the staff and the City Planning Commission for report to the Council at our meeting of October 26, ®35® • I C, C, 9/28/64 CITY MANAGER REPORTS - Continued CALIFORNIA LEAGUE OF CITY EMPLOYEES ASSOCIATIONS CONFERENCE City Manager, Mr,, Aiassa-. Page Thirty -Six (Read letter.r.e this matter,,) Motion by Councilman Krieger, seconded by Councilman Heaths and carried® that Dan Martin and Jim Rasp be given leave of absence with pay for two days$ October 8 and 9, 1964, to attend the California League of City Employees Associations Conference,, LARTS STUDY City Manager, Mr,, Aiassa-. You have received copies of this study and its resolution,, (Read report re this matter,) City Attorney, Mr, Williams-. The last action of the SCAG Committee of all of the Southern California Divisions was to recommend that this not be approved because it conflicted with the.SCAG, However, Bud Carpenter has reviewed it and he has approved this, The SCAG Committee is supposed to hold a meeting and has not yet approved this on the grounds that there is a severe conflict between the functions in this agreement and the functions in the Southern California Association of Governments, I understand the chairman of this Committee proposes to hold another meeting of the SCAG Committee to determine whether they will approve this, I don't have much doubt it will be approved;, however, the meeting has not yet occurred, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that this­matter.be held to the meeting of October 26, 1964, PERSONNEL GOLD-THOMPSON. PART III REPORT FROM PERSONNEL BOARD City Manager, Mr, Aiassa-. (Read letter from the Personnel Board re this matter,) Councilman'Heath-. The Gold report now evaluates individual positions in relation to one another and puts them in certain steps and classi- fications, If I interpret this letter it means that there are three or four or five positions that the Personnel Board thinks Mr,, Gold is wrong and wants them changed, City Manager, Mr, Aiassa-. I That's right, Councilman Heath-. As far as I am concerned, we accepted Mr,, Gold and his company to make a study, I think he is well qualified and has done a good job., City Manager, Mr, Aiassa: Mr, Gold was present when the Personnel Board made these suggestions, -36- 0 1� C, Ca 9/28/64 Page Thirty -Seven PERSONNEL (GOLD THOMPSON, PART III REPORT) Continued Councilman Jett: I think the Personnel Board has really gone into this thoroughly and I think they have done a good job on it, I concur with what they have come up with in the way of recommendations, I think Mr, Gold substantially went along with the same'feeling; however, it was adverse to what his original recommendation was, Councilman Heath: If it is in agreement with what Gold thinks I think he should be left alone to make a report and if the Personnel Board has convinced him he has been wrong and he is willing to change his report, I think it is fine, To take the Personnel Board's reports over Mr, Gold's report without his approval I think we have wasted a lot of money to hire Gold, Councilman Jett: I don't know that he approved this other than in the dis® cussion and it appeared to me that he went along with some of these things, Councilman Nichols: I should not think that four digressions on individual people would result in a valid "conclusion that we had a waste of money in hiring Mr, Gold to do the report with only four differences, City Manager, Mr, Aiassa: I need a motion, Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, to direct the City Attorney to develop the proper resolutions.to put these amendments into effect, City Manager, Mr, Aiassa: Mr, Gold has final job 'descriptions.to put in finished form, That will complete his contract with us, You have maintained the power to change anything in this report for 60 days, The 60 days would be from the date of the resolution which was adopted August 10, 1964, Motion by Councilman Krieger., seconded by Councilman Jett, and carried, toput the amendments into effect as recommended and instruct the City Attorney to bring in a resolution confirming them at the next meeting, PERSONNEL PROPOSED RETIREMENT STUDY City Manager, Mr, Aiassa: (Read report re this matter,) I don't think we should just allow this study to cover the State Employment Retirement System, I think it should also include a possibility of a review of our existing retirement plan, Maybe it could be modified or changed to be made more attractive to our employees, I would like a constructive comparison, There will be a transitional, too, We should include an actuary study in comparison to the State Retirement Plan, -37® C, C, 9/28/64 Page Thirty -Eight 'PERSONNEL (PROPOSED RETIREMENT STUDY) Continued Councilman Jett: 'It was'the Personnel Board's recommendation that an actuary study be made, The Employees' Association is willing to participate in that, They would appreciate it if the City would assume as much of the cost as possible, the largest portion, City Managers Mr, Aiassa: Mayor Snyder: They made an offer of $200,001, This $870,00 is just to the State plan, What is the cost if your recommendation is included? City Managers Mr, Aiassa: I don't think it would cost more because most of the material and data would be requested from Occidental themselves and this is part of their service to us, Councilman Nichols: The initial survey demonstrates at least from the employees' standpoint and cost and benefits under the existing plan even so is more costly than an improved State plan, Motion by Councilman Jetty seconded by Councilman Heathy and carried, that the City Manager be directed to bring back a proposal for the study as suggested by the City Manager, FEES AND CHARGES STUDY COUNCIL'S RECOMMENDATION City Managers Mr,. Aiassa: Would the Council prefer to have this matter referred to the merchants and.the Chamber of Commerce? Would the Council prefer a brief working session so this matter could be emphasized in detail as to -what is being proposed in the suggestion? Does the Council feel that the report is warranted.enough to give any consideration? Mayor Snyder: I think we need a work session, Councilman Heath: I do have some questions I would like to ask, It says on a building permits zero to twenty feet, no fee,, How long has it been that.way? This is a sign building permit, Planning Directory Mr, Joseph: Councilman Heath: City Manager, Mr, Aiassa: Councilman Heath: I don't know how long it's been that way, Why was I charged $2,50-for A 18®square®foot sign a year and a half ago? I think that was a building permit. I think it was for a sign, 0 • C. C. 9/28/64 FEES AND CHARGES STUDY - Continued Mayor Snyder: Councilman Jett: Page Thirty -Nine I think we need an explanation on some of this although it is very well writ- ten and explained in the back. I think some of the representatives from the business community should be present. Councilman Heath: It says on the last item "motel occu- pancy tax". At present there is none and it is recommended as 4%. Isn't this another way of saying -a 4% bed tax? We voted against a bed tax and now we are getting it in a different forma City Manager, Mr. Aiassa: The Council requested we investigate all avenues where fees were not being charged adequately and this report covers all those phases. There is not another way of putting this thing to you: Councilman Krieger: As far as the bed tax, I remember it' being discussed during budget sessions but not being an.agenda item.. Mayor Snyder: We will have an adjourned meeting on the 5th and take care of this then. I think we should look into a franchise or business tax on the telephone company. This is another source of revenue. You can take it under gross receipts. This is something else to look into. Could we get Los Angeles' ordinance on that? City Manager, Mr. Aiassa:' Yes. We will take this up next week, AMERICAN LEGION MONUMENT City Manager, Mr. Aiassa: This is a request from Post No. 890. I think we should go ahead and approve it subject to confirmation and approval of the Parks and Recreation Com- mission. Mayor Snyder: I think this should be referred to them. City Manager, Mr. Aiassa: They want an answer before November 18. Motion by Councilman Heath, seconded by Councilman Nett, and carried, that this matter be referred to the Parks and Recreation Commission.. Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that the decision on this matter be left up to the Parks and Recreation Commission. GALSTER.HEIGHTS PARK INCORPORATED 'Request for extension of time. Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that this matter be referred to the staff for report back to the Council. on October 13, 1964. LETTER FROM WILBUR McCANN RE: Up -Dating Economic Report City Manager, Mr. Aiassa: He wants $2,400.00 but I think we should make this a participation with the Chamber of Commerce. This could be tied in with the Headquarter City Concept. Councilman Heath: I think if we .are going to be a head- quarter city we should up -date this because this is good information. Councilman Nichols: I agree, -39- Co Co 9/28/64 WILBUR McCANN - Continued: Page Foray Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that the -City Manager be authorized to negotiate a contract with -Wilbur McCann for the up -dating of'the McCann Report and that this is to be co- ordinated with the Chamber of Commerce wherever possible. Motion by Councilman Heath, seconded by Councilman Jett, that the'City- Manager and the Director of Finance and Mr. Wilbur McCann be authorized to go on a one -day trip to Sacramento and in advance to call for the sales tax return reports of all the principal agencies in this area. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None LETTER FROM LEEDS, HILL & JEWETT, INC. Investigation Costs City Manager, Mr, Aiassa: This is just for your information., You have copies of this, (Read letter dated September 15, 1964 from Myron Bo Holburt as follows: "You will note from the copies of the letters to Suburban Water Company and La Puente Co-operative Water Company that we have agreed to reimburse the companies,for any specific work done at our request. Such agreement was necessary as one of the con- ditions to getting information from these two companies and was expressed by Mr. Garnier in our conference with him and Mr. Hannon on September 8, 1964. Under our contract these costs will be billed to the City as a direct expense in the same'amount as they are billed to us. I called Mr. Hannon on Sertember 11, 1964 and he stated that the Board of Directors of Suburban Water Company had approved cooperating with us and he will shortly send me a letter to that effect. It is hoped that these charges can be held to a nominal amount inasmuch as our present reduced budget for the studies has,no allowance for such contingencies." CALIFORNIA WATER COMMISSION Notice of Public Meeting City Manager, Mr, Aiassa: They don't feel it would be necessary to have any repre- sentation in Sacramento on October 2 at this meeting. They will post us of any activity or changes to these amendments that take place. ,'m Ce C, 9/28/64 Page Forty -One 'CALIFORNIA WATER COMMISSION - Continued • Councilman Krieger: This historical dedication that is to take place up near Gorman, have reservations been made for two Councilmen? City Managers Mr, Aiassat I have been so advised, Councilman Krieger: City Manager, Mr, Aiassa: INDUSTRIAL DEVELOPMENT SEMINAR OCTOBER, 15'1 1964 City Manager, Mr, Ai�assa s one of these in prior years, will be in Long Beach,. Mayor Snyder: Has a map been procured? Yes, This is the Los Angeles Chamber of Commerce, We have attended (Read report re this matter,) This I went to the last one,, It was worthwhile. Motion by Councilman Nichols, seconded by Councilman Heath, and carried, to authorize staff representation at the Industrial Development Seminar on October 15, 1964, MEETING WITH SUPERVISOR FRANK G, BONELLI City Manager, Mr,.Aiassa: This is Wednesday, I would like to know who will attend, This is at twelve o'clock at the Burgundy Room, Councilman Heath, I will .be there,. ,Councilman Jett: I will be there, 'Councilman Krieger: I will be there, Councilman Nichols: I plan to be there, Mayor Snyder:. I will be there, City.Manager, Mr, Aias.sas If you have any particular questions you.would like .to pose to Mr,: Bonelli I would like to prepare an agenda,' Councilman Heath: Izbelieve he was going to speak about this increase in sales tax. That is one of the things he wants to talk about, City Manager, Mr, Aiassa: Have you been able to explore any further on that General Telephone rate? -41- C, Ca 9/28/64 Page Forty -Two MEETING WITH SUPERVISOR FRANK G, BONELLI m Continued Councilman Heath: The man was supposed to call us back and he hasn't called yet, Azusa Avenue could be an item on the agenda, Councilman Krieger: And the freeway study, City Manager$ Mr, Aiassa: All right, ANNUAL LEAGUE CONFERENCE AND SPECIAL SESSION ON INTERNATIONAL COOPERATION City Manager$ Mr, Aiassa: Mayor Snyder: MT, SAC MEETING How many of you are going to go? We are all going to go at one time or another, City Managers Mr, Aiassa: You have all received copies of a letter sent by the president of the Board of Trustees of Mount Sac, (Read 'letter.re • this matter,) It is a dinner meeting in the west dining room of the college dining hall on Tuesday$ October 6 at 6:30, • Councilman Heath: Councilman Nichols: Councilman Krieger: Councilman Jett: Mayor Snyder: City Managers Mr, Aiassa: WATER MEETING I will be there. I don't think so. I'll be there, No. I'll be there, g-o 9 too, if possible CityManager$ Mr, Aiassa: You have a dinner engagement next Monday night on this water it6m. You can do that before your meeting, APPRAISAL OF PROPOSED PARK SITES City Manager, Mr, Aiassa: Mayor Snyder: I have a confidential report for the Council, We will hold this to the 13th, -42- C, C, 9/28/64 Page Forty -Three 'CITY MANAGER REPORTS Continued PRELIMINARY REPORT ON PROPOSED IMPROVEMENT OF CITRUS AND BARRANCA FROM CORTEZ TO WALNUT CREEK WASH City Manager, Mr, Aiassa. You have these reportsa (Read report re this matter,) There is no action necessary, This is just for your information, We can hold this to the 13th and show you the number. of property owners involved on Citrus, REPAIR OF SIDEWALK DAMAGE ON SPRUCE.STREET City Manager, Mr, Aiassa: (Read report re this matter,) Councilman Heath, Isn°t this a new sidewalk? City Managers Mra Aiassa. I don't think so, Councilman Heath. I don°t think we could justify buying a machine and maintaining it,, The upkeep on this equipment is terribly expensive. Mayor Snyder. City Manager, Mr, Aiassaa You can have somebody come out and diamond saw it, We can get an informal bid and have a private contractor take care of these, Councilman Nichols. When an accident occurs and the insured goes out immediately or prior to the disposition of a claim and makes repairs in the area which was alleged to have been the cause of the accident, isn't this a tacit admission of liability? City Attorney, Mr, Williams. It is admissible in evidence that a possible dangerous condition existed, It takes more than the existence of a dangerous condition.to establish. liability, The adjacent property owner can be compelled to repair the sidewalk, City Manager, Mr, Aiassa. Some of these sidewalks we can impose onto the property owners under the 1911 Act in the Streets and Highways Code, You have to. post the property and put up the notices and marked the damaged area so they know where the.hazard is, If they don°t.repair it we can repair it and put it on the tax bill, City Clerk$ Mr, Flotten-, Do I refer her letter to the insurance company anyhow? (Refers to Mrs. Megowa,n's letters) City Attorney, Mr, Williams: Yes, -43- Co Co 9/28/64 Page Forty -Four REPAIR OF SIDEWALK DAMAGE ON SPRUCE AVENUE - Continued - Motion by Councilman Heathy seconded by Councilman Nichols, and_'carridd,. • that the City Clerk be authorized to refer Mrs. McGowan°s complaint to our insurance carrier. City Manager, Mr. Aiassa-, We will hold this to'the 13th and take care of it then.. COST STUDIES FOR PROPOSED PROPERTY ACQUISITIONS City Manager, Mr, Aiassa; This can be held to the 13tho PUBLIC NUISANCE ABATEMENT Substandard Structure City Manager, Mr, Aiassa-, This is the Ruppert property. (Read report re this matter dated September 10, 1964 fromJohn Q, Adams, Director of Public Service as follows-, "Attached is a copy of letter dated August 26, 1.964, from Mr. Paul - Go Inman, prospective new owner of property located at 3306 Virginia Avenue, advising of action he is taking to abate the problems asso- ciated with maintenance and police of the subject property. The City Council, at its meeting of May 25, 1964, conducted a public hearing for purposes of determining whether the subject property (referred to at that time as the Ruppert Property) should be declared unsafe and a public nuisance and its abate- ment ordered. Based on findings and recommendations by the Chief Building Inspector and on testimony given at the hearing, the Council directed,the City Attorney to prepare a resolution declaring that an unsafe building and a public nuisance. does exist on the property and that these conditions are to be abated within 90 days from date of such notice to the legal. owner. This notice was subsequently served on the owner, and as evi- denced by the attached letter, action is being taken to abate these problems. These actions are in Line with those discussed at the public hearing as possible solutions to the problem. The staff will follow-up to insure that the proposed actions are accomplished and upon the completion of such work, we'll express our thanks to Mr. Inman for the cooperative efforts in this matter." Letter from Paul Inman dated August 26th, 1964 as follows-, "As per our conversation by telephone today, I am writing to your office to notify you that I am working 'to correct the problem situ- ation of 3300 Virginia Avenue, West Covina in the following ways-, la I have two subcontractors meeting me at the property to negotiate the removal of the dry brush. 20 I am having the Valencia Heights Water Co. turn on the .meter so the premises can be watered to create some greenery and eliminate the fire hazard. 3. I am interviewing a party to reside in their house trailer on the premises to watch dog the property. -44- Co Ca 9/28/64 PUBLIC NUISANCE ABATEMENT - Continued: Paul Inman's letter - Continued: Page Forty -Four (A) "These items will be activated as soon as possible, and likely, this coming -week. Also the planning and financing is in"pro cess to develop this parcel so we Will be checking with you iva` the near future on that phase.: Thank�-you for your"patient coop- eration through this planning and negotiating period." City Attorney, Mr, Williams: If there is a trap sfei*of owner- ship to an innocent party who has no notice of the proceedings, it has to be reheard. Councilman Krieger-, Doesn't it run with the property? City Attorney, Mr. Williams: It is against the property and runs with the property but due process doesn't transfer from one person to -another. Councilman Krieger: If that Ruppert Property owner was willing to resolve the con- dition we would have been faced with another hearing. It would seem to me we should have some kind of procedures. City Attorney, Mr. Williams° We could record those. It strikes me that the one thing you are about the least afraid of on this Council is a public hearing. You .have them by the scores. Councilman Krieger-, I don't like to cover the same ground twice and the recording of a notice would be an easy task° City Attorney, Mr. Williams; INDEPENDENT CITIES LEAGUE DUES I think there would be no problem in recording the resolution. City Manager, Mr. Aiassa: Dues for membership in the Independent Cities of Los Angeles County is $25 a 00 for the fiscal year 1964-1965 We have not covered this in the budget and I have not been given authorization by the Council to draw a warrant. This can be charged to the General Fund Account for noon -departmental membership. - 44-A - v C; C, 9/28/64 Page Forty -Five INDEPENDENT CITIES LEAGUE DUES w Continued • Motion by Councilman Heath, seconded by Councilman Krieger, to authorize the drawing of a warraant in the amount of $25000 for the dues for the Independent Cities League and to takq the money from the Unappropriated Reserve No, 121743,8, Motion passed on roll call as follows: • I Ayes: Councilmen Jett, Noes: None Absent: None WILLOW LANE Krieger, Nichols., Heath, Mayor Snyder City Managers Mr, Aiassa: This is City Project Cm201, Willow Lane,, I would like to have the City Council accept this reports Motion by Councilman.Krieger9 seconded by Councilman Nichols, and carried, that the report on City Project Cm201, Willow Lanes be accepted and placed on files UNCURBED AND UNGUTTERED AREAS City Manager, Mr, Aiassa: This is Pacific Avenue north of Cameron Avenueo If you would like to see these pictures of the problem, they are well illustrated. The recommendation is this project be considered for the 1965-66 budget and there is a possible cost of $40,000.,00,, We can hold off on this, POSSIBLE ANNEXATIONS City Manager, Mr, Aiassa: Mr, Joseph has completed a report of the annexationable property around the City of West Covina and they are now working out a.priority list, I would like to have a work session with the Council sometime within the next few weeks to review these so we can make an intelligent approach to proceed on any annexation problems,, Mayor Snyder; CITY TREASURER We can.put that on the meeting of. the 5th or.latero Motion by Councilman,Heath, seconded by Councilman Jett, and carried, th�'k the Treasureres report for the month of August, 1964 be approved and placed on file, -45- [11 • Cd Cd 9/28/64 MAYORS REPORTS RELOCATION OF UNEMPLOYMENT OFFICE Page Forty -Six Mayor Snyder- The Chamber has asked we write a letter to the proper authorities encouraging the relocation of the unemployment office in West Covina, Motion by Councilman Heath, seconded by Councilman Krieger, and carried.$ that the Council write a letter to the proper authorities encouraging the relocation of the unemployment office in West Covina, COUNCIL COMMITTEE REPORTS TEEN KAN TEEN Councilman Krieger- When we took our tour of the youth facility on Cameron and I remember it was the projection of those people that this facility would be open in the month of September, •This is the end of that month and as I remember it in our budget consideration we set aside certain funds to bail this project out, if necessary, I think it would be advisable if the staff were directed to contact the Foundation and report back to the Council on the 13th as to the status of this facility so if necessary we can step in with the necessary funds to complete it and open it, City Manager, Mr,, Aiassa- We were able this morning to get an approval for the underground wiring and we got a donation from the Edison Company to cover it, This is one of the things they were waiting for, Motion by Councilman.Krieger, seconded by Councilman Nichols, and carried, that a report be submitted to the Council at their meeting of October 13, 1964 on the status'of the youth facility, EAST SAN GABRIEL VALLEY PLANNING COMMISSION MEETING Councilman Krieger- I attended the East San Gabriel Valley Planning Commission meeting with Mr, Joseph and Commissioner Kayser on Thursday and I will say that this was one of the more worthwhile meetings that I attended, I think it would be a good gesture if as many Councilmen as possible would be present at the next meeting on the 27th at Chefes, STAFF REVIEW OF APPLICATIONS Councilman Heath- We have had a problem here in the City for five, six years where builders and developers have come into the City with their plans and so forth and presented them to the staff and each department would go over these plans and make certain recommendations and the developer ®46m J a C, C, .9/28/64 Page Forty -Seven STAFF REVIEW OF APPLICATIONS -,Continued .or builder would take these plans back and make these corrections and then the City would look at them in different light again and he .would have to take it back to the engineer again,, There are cases on record where this has happened to a builder and developer six, seven, eight times$ each time requesting-something.different,, I see the department heads have taken it upon themselves to form a committee where this committee will sit down with a developer on a Wednesday morning and go over his plans with him and all at the same time and give him a written report on what he has to do so when he goes out he will have one time back to his engineer and stop this problem we have had for five years,, I think this is one of the most advanced plans that we have had here in years, There.are many developers that have been disgusted with this City because of the times they have had to.come back and redo the,work over again, I think the department heads should be highly congratulated for getting this sticky problem resolved, Councilman Jetto AZUSA AVENUE WIDEN-ING Councilman Nichols: receive a report as soon taken toward the eventual problem of the bridge, City Manager, Mr, Aiassa: I heartedly endorse that program, I would like to make a request of the City Manager that we as possible on the program of steps being widening of Azusa Avenue, correction of the ENDORSEMENT OF PROPOSITION 3 ON THE NOVEMBER BALLOT Fine,, Councilman Nichols: I have been asked by the West Covina Unified School District to bring to the Council's attention Proposition 3 on the November ballot and request the endorsement by the Council of this particular --proposition, This is the oldest issue on the ballot; it is a continuation of the 1949 School Construction Bond Issue which has.. been renewed each two years since 1949 providing funds for con- struction of schools throughout West Covina, West Covinaes own program is largely finished and we are therefore to all practical purposes through with utilizing this program but it has been of benefit to West Covina and made possible the growth West Covina has enjoyed and many other areas of the State still need this help and the Board of Trustees of the West Covina School District have endorsed it and request favorable Council action to endorse the Proposition also, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, to direct the City Clerk to prepare a resolution endorsing Proposition 3 on the November ballot, m47® CQ C, 9/28/64 Page Forty -Eight DEMANDS Motion by Councilman.Krieger9 seconded by Councilman Jett,.to approve demandstotaling $136,473064 as listed on demand sheets C410 and C4110 This total includes fund transfers of $106,014o07a Motion passed on roll call as follows: Ayes:. Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: -None Absent: None - There being no further business, Motion by Councilman Krieger, seconded by. Councilman Heath, and carried, that -this 'Meeting be adjourned at 103"0 AM, to October 5, 1964 at 8:00 PoMo APPROVED MAYOR ATTEST: CITY CLERK