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11-09-1964 - Regular Meeting - Minutest is MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA November 9, 1964 The regular meeting of the City Council was .called to order by Mayor Snyder at 7:40 P.M. in the West Covina City Hall, Councilman Jett 'led the Pledge of Allegiance. The Invocation was given by Mr. Gordon Bond of the First Baptist Church, ROLL CALL Present, Mayor Snyder, Councilmen Jett, Krieger, Nichols, Heath Others Present: Mr. George Aiassa, City Manager Mr, Robert Flotten, City Clerk & Admin. Assistant Mr, Richard R. Terzian, Acting City Attorney Mr. John Q. Adams, Public Services Director Mr. Harold Joseph, Planning Director Absent: Mr. Harry C. Williams, City Attorney APPROVAL OF MINUTES September 28, 1964 October 5, 1964 October 131 1964 October - 19, 1964 Approvedassubmitted as follows: Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes'of September 28, 1964, October 6, 1964, October 13, 1964, and October 19, 1964 be approved as submitted. CITY CLERK'S REPORT. RESOLUTION NO, 3034 Project S.P. 6504 OCTOBER 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" (Project SP 65048 Joe W. & Sara E. Barkley) Hearing no objections, we will. waive further reading of the body of" the resolution. Motion by Councilman Krieger, seconded by Councilman Heath, that said I 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. 3034. -1- t C, C, 11/9/64 CITY CLERK'S REPORTS. Continued RESOLUTION N0, 3035 Project So Pe 6504 ADOPTED Mayor Snyder-, Page Two 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" (Project S,P, 6504, Harold R, 6 Dorothy I, Miller) Hearing no objections, we will waive further reading of the body of the resolution, City Manager, Mr, Aiassa: We have a memo directed to the City Manager and the City Council from R, E, Pontowq,City Engineer, dated November 6, 1964 re this matter, I would like this memo spread.in full on the Minutes. - "A Grant Deed has been received for the property at the northeast corner of Valinda and Merced Avenues from Harold Miller and Dorothy Miller, We have been verbally informed that the Miller property is now in escrow and that the buyer will pay for street improvements amounting to $2,953,00,, said amount having been previously approved by the City Council, Escrow is expected to close in two (2) weeks, "It is proposed to proceed with the Valinda Avenue project, S,P,6504, under the assumption that the funds will be furnished by the buyer when needed, Should he fail to furnish funds, this work can be removed from the contract by change order and a temporary sidewalk installed by City forces to allow school- children to cross at the Merced-Valinda intersection where the crossing guard is, "Recommendation "It is recommended that.the Resolution accepting this Deed be approved by the City Council," 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, 3035, RESOLUTION NO, 3036 The City Clerk presented. Assessment Dist. No. A'11-61-2 "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA PROPOSING TO CHANGE THE WORK IN ASSESSMENT DISTRICT NO, A°11-61-2" Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution, -2- A r� U I Co C, 11/9/64 Page Three RESOLUTION NO, 3036 - Continued 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, 303.6, RESOLUTION NO, 3037 Sanitation District No. 15 ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING CONSENT TO THE ANNEXATION C)f A PORTION OF SAID CITY TO COUNTY SANITATION DISTRICT NO, 15 OF LOS ANGELES COUNTY" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Krieger, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No, 3037, LIGHTING ASSESSMENT DISTRICT NO,LA-62-1 LOCATION: Lot 3, Tract 220971, APPROVE REFUND OF OVERPAYMENT Northwest corner of OF ASSESSMENT Virginia and Grand, Joseph V, Dal Cerro APPROVED Approve a refund of $17,63 from amount of over -assessment charged on above lot, Charge to Street Lighting District Account 841, Review Engineer's report, Staff recommends approval of refund, City Clerk, Mr, Flotten: You have a memo from Mr. Adams regarding this, Motion by Councilman Krieger, seconded by Councilman Heath,, that the Finance Officer be directed to refund $17,63 to Mr, Joseph V, Dal Cerro and that this be charged to Street Lighting District Account No, 841, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None -3- I • r -I L C, C, 11/9/64 CITY CLERK'S REPORTS a- Continued CHAMBER OF COMMERCE REPORT Page Four Mr, Chris Tambe: You should have a copy of the report representing the activities of the Chamber for the first quarterly period 1964-65 fiscal year, If you have any questions I will be happy to try to answer them for you, Mayor Snyder: Are things going as scheduled? Mr, Chris Tambe: I believe so, Councilman Nichols: I would like to 'say from what I have been able to observe in recent months the Chamber is moving actively and vigorously into its promotion of the headquarter city concept and I think the Council and the community owes them a vote of.thanks and good wishes for continued aggressive work in that area, Mr, Chris Tambe: Councilman Krieger: Mr, Chris Tambe: On behalf of the entire Chamber, thank you, Mr. Tambe, on..Staff Activities which is Item 4 on Page 3, is that continuing? Yes, it is continuing, Motion by Councilman Heath, seconded by Councilman Jett, and carried, to accept the report of the Chamber of Commerce in relation to the headquarter city program and express our thanks to the Chamber for a job that is being very well done, Mr, Chris Tambe: I would like to express on behalf of the Chamber our sincere appreciation for the fine efforts of the City staff in cooperating with us at every stage of the game, It wouldn'.t.be possible for us to carry out the clauses of our mutual agreement without the cooperation of the staff and, of course, yourselves, CITY ATTORNEY ORDINANCE NO, 891 Lone Change 321, Delaney ADOPTED The Acting 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 3219 Delaney) Councilman Heath: I have had a'call from a repre- sentative of Mr. Delaney and also from a number of people living in the area concerned and they have stated that they have held a meeting recently and have .formulated a petition to be presented to the Council, Upon reviewing this petition after it had been signed by quite a few people, there was an error discovered in the legal description and it is now on its way back to being re signed by all of these people, The request came to me was if C, C, 11/9/64 Page Five -ORDINANCE NO, 891 - Continued • I would relay the request to hold this matter until the next meeting at which time they would like to present their petition to the City Council and ask your consideration of it, • • Councilman Krieger: The only objection I would have is that petition would constitute additional or new evidence before this Council and if we are going.to take such a petition at that time I would tend to think we should re- open the entire matter, Acting City Attorney, Mr, Terzian: This is the second reading of the ordinance, Councilman Heath: After reviewing the petition the Council may feel they would like to open the entire hearing, I think the request has come in all sincerity and I see no particular reason for rushing into this since it is the applicant who is being favored by his own zone change and is requesting the delay, Move that this matter be held over to the next regular meeting so this Council can review the petition that is expected to.come before it, Mayor Snyder: It seems to me a petition is not additional evidence; it is evidence after the fact, Councilman Jett: I don't see how we could make any different ruling. The only reason they can have for requesting this would be the hope that they would get a higher zoning or a different zoning and I don't see how we could do that under- the circumstances without going back for rehearings, Councilman Krieger: It was the applicant that appealed it from the Planning Commission and based upon that appeal the City Council took this action and for us to now say we will await taking final action on this so the applicant or people favorably disposed of his position can resubmit a petition that we then consider we may wish to reopen the hearing is somewhat speculative and tentative and there is nothing before us at this time that would suggest we should do otherwise than proceed, I don't doubt the sincerity of the people but I do question the procedure they ask us to follow in this matter, Councilman Heath: Councilman Jett: see how we can change it at this time, Mayor Snyder: I don't think it would do any harm to hold it over, I think they have every right to file another petition but I don't Councilman Heath's motion dies for lack of a second, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance, -5- C, Ca 11/9/64 Page Six 'ORDINANCE NO, 891 Continued • Motion by Councilman Krieger, seconded by Councilman Jett, that said ordinance be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols,, Mayor Snyder Noes.- Councilman Heath Absent: None Said ordinance was given No, 891, ORDINANCE INTRODUCTION Fees and Charges HELD OVER City Manager, Mr, Aiass4: Mayor Snyder: ORDINANCE INTRODUCTION Amending Sections 2422 and 2424 Of The West Covina Municipal Code The Acting City Attorney presented - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO FEES AND CHARGES" We would like to hold this off until the 23rd. All right, The Acting City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 2422 AND 2424 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE PERSONNEL SYSTEM" Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that said ordinance be introduced, RESOLUTION N0, 3038 Amending the Personnel Rules ADOPTED Mayor Snyder: The Acting City Attorney presented.- °PA. -RESOLUTION OF THE CITY COUNCIL OF THE CITY`OF WEST COVINA AMENDING THE PERSONNEL RULES AS ADOPTED BY RESOLUTION NO, 1277 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA" Hearing no objections, we will waive further reading of the body of the resolution, MM C, C, 11/9/64 Page Seven RESOLUTION NO, 3038 ® Continued • Motion by Councilman Jett, seconded by Councilman Krieger, that said resolution be adopted, Motion passed on roll call as follows° Ayes- Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes- None Absent- None Said resolution was given No, 3038, 'SCHEDULED MATTERS HEARINGS AMENDMENT NO, 5 TO THE COMPREHENSIVE GENERAL PLAN City Initiated HELD OVER not previously included in the General Commission Resolution No, 1691, Request to amend the Comprehensive General Plan of the City of West Covina so as to include that area to the south of the La Puente Hills, down to Valley Boulevard, Plan, approved by Planning City Clerk, Mr, Flotten- Notice of this public hearing appeared in the West Covina Tribune on October 29, 1964, (Read Planning Commission Resolution No, 1691,) Councilman Heath- The West Covina Municipal Code states that the Mayor and Council determine the agenda and it can be changed or modified as the majority of the Council sees fit, I think it is up to the Council as to whether they want to change the agenda, Mr, Chuck Dowding: We would object to these matters being heard together, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Amendment No, 5 to the Comprehensive General Plan, City Initiated, and Zone Change No, 319, Home Savings and Loan Association, be heard concurrently, (Councilman Nichols and Mayor Snyder voted "No",) ZONE CHANGE NO, 319 LOCATION- Easterly of Pass and Home Savings 8 Loan Assoc, Covina Road at Amar HELD OVER Road, Request to reclassify from Zone Cml, C®3 and R-1 to Zone Rml and R-2 19 approved by Planning Commission Resolution No, 1692, City Clerk, Mr, Flotten- The notice of this public hearing appeared in the West Covina Tribune on October 29, 1964, There were 159 notices mailed to property owners in the area on October 289.1964, (Read Planning Commission Resolution No, 1692,) Mayor Snyder: This is the time and place for the hearing on both of these matters, -7- I L-j C, Ca 1119/64 AMENDMENT NO, 5 6 'ZONE CHANGE NO, 319 Continued IN FAVOR Mr, Graham Ritchie 1117 Wilshire Boulevard Los Angeles Home Savings is trying to do with trying to do with this increment entire plan,, We have with us the and he will run through the basic why it is necessary to go to the to the Council,, Page Eight I am the attorney for the applicant, Home Savings and Loan,, I think you do have to consider the entire concept of the plan, what it is the entire property and what they are of the property in relation to the architect who has planned the project concept we are dealing with here and type of zone change we are suggesting When we started two or three years ago we had a piece of property that was in the process of annexation to the City and we did certain basic planning on it and the planning resulted in the existing zoning pattern which you are all familiar with, This was based on a somewhat conventional treatment of the land, After the completion of the -annexation proceedings we consulted with William Pereira 6 Associates and after a year and a half of planning which involved at least six months to a year of working with the staff of the City, consulting with the school districts, we came up with a concept of developing this land which was somewhat different than the original zoning but one which did not produce a greater density on the land. We basically are talking about a plan of development of single family housing, some of which is detached and some of which is in a town house type of development,, A factor which I think is important -® Home Savings owned the property when the annexation proceedings started; they still own the land; they are coming before you now with a proposal to develop about 350 acres and their proposal has to be looked at in terms of the fact that they are putting up their money and their investment and they will be back before this Council many more times for the development of the balance of the property,, They are investing this with the thought they have something good,.unique, something marketable and they think it is good for the City and if they didn't I don't think they would start with it because they are going to be back for more development of this land,, They have the confidence in the architect and the confidence in the plan and they hope the Council will have the same kind of approach to it, The Planning Commission felt this was a consistent type of development of the land; that it led ultimately through the entire planning of the 1800 acres to an amalgam with the City of West Covina, We think this is a good plan and we have brought it before you and ask that you approve it also, We will try to answer any questions you may have, Mr, William Pereira (Presented various slides and 5657 Wilshire Boulevard explained same,,) In our 1800 Los Angeles acre plan for West Covina of which this is a part, the total we have occupied in terms of residential is 50% of our total area,, Presently;West Covina occupies 55,6%. In the commercial areas we occupy 4,7% of the 1800 acres where in West Covina it is 5,8%o We have 25% in quasi public and recreational areas as opposed to ll%,, Our streets and the washes, et cetera, are 20% and presently in West Covina it is 25%, We have no industrial, which is zero against 1,,2%,, I think it generally means a very high quality development, In our breakdown of the public use of land, we have 239 acres made up of the Little League park, the golf course, schools, dedicated streets, and C, C, ll/9/64 Page Nine AMENDMENT NO, 5 & ZONE' CHANGE NO', 31.9 _ 'Continued that is 64% of the total of the land, The breakdown in our housing is 135 in this case with 360 of the total, The total here is 373, Our total density is 2,96 units per acre, That is total gross density, Mr, Graham Ritchie: Basically we applied for R®1. R®2 zone change at the recom- mendation of the staff as being necessary for the type of housing which we were proposing here, We are still talking about single family housing, It is just when you have party walls you no longer can do this sort of thing in the existing Rml zone, The recommendation was to file for the R®2 zoning and we have done that, Unless you have any questions, we have nothing further, TN OPPOSITION Mr, George MacCormick One of the reasons for objecting 421 Manington Place to both these items being heard West Covina simultaneously is as you are aware you got a very good lesson on the precise planning which the proponents discussed, We feel this more properly belongs with the precise plan when it comes up for hearing because what we are talking about is the kinds of development that will satisfy the R-1 and Rm2 zones as we have them in our ordinance at the present time, We feel in spite of what the proponents say they are not really looking at their neighbors, In our City we already have two large shopping areas, We have had problems with zoning around these particular pieces of property, We have had traffic problems back and forth between these two centers, They have created many unusual problems, What the proponents are suggesting is that way down at the very bottom of our map they establish a third business area, They have said they have within this area 20 acres of nothing but parks. We have been very fortunate in securing that kind of area up here in our own particular civic center and commercial developments, This means that the people who will be living in this area will not be supporting the things that we have all worked so strongly to create, our civic center and the surrounding commercial developments. Is this really a development that is a part of West Covina? No, They have this area sealed off by a series of fairly high hills, By far the majority of the people living in this area live at the southerly edge of it, not up where they would ordinarily attempt to drive into the rest of the City. We are going to have a further problem because this is not a city, another ,shopping center within our City. We only have half of that city, The)other half will reside in the City of Walnut, This creates major problems to us as taxpayers because you are going to have to have many facilities just to serve this specific area, Are we going to establish a separate city within the City of West Covina or more specifically are we through the approval of the change to our general plan going to have half a city in our City limits? The zone changes that are being requested we are told is a research project; they are developing super blocks by having very conveniently contrived land area in such a way it forms greens, This is very fine but they have also overlooked some rather significant problems. If you will notice we have a mottled area, one in which we are interposing the R®2 and R-1 rather haphazardly around the land- scape, We believe this requires additional consideration by the Planning Department and that it is not good planning as such, The traffic problems all of the various areas we have had so much difficulty with already are going to be even more serious in developments of this kind, Co Ca 11/9/64 Page Ten 'AMENDMENT NO,, 5 8 ZONE CHANGE NO,, 319 Continued Mrs,, Marjorie Gaines You have before you what appears 914 West Barbara to my eyes to be an ideal plan West Covina for a communeof upwards of 20,000 people,, Perhaps in some places communes have their place but in a country as wealth as ours is in open land I ,fail to see how human beings can benefit by being stacked on top of each other,, This piece of property showed a general plan for a high class residential development with neighborhood facilities,, After having studied our extensive staff report and discussing the area with other home owners, Home Savings' new proposal seems to fit into the catagory of West Covina's largest and newest potential slum area,, If we allow Home Savings to proceed with this we can claim the distinction of having our own brand new built-in slum instead of the choice residential development Home Savings led us to believe was their intention when this property was annexed to our City,, The R®2 zoning for which they asked was created only recently for the expressed purpose of handling problem pieces of property which were unsuitable for development in another catagory or for the purpose of insuring a very high quality development imposed in high density zoning,, This zone was not created merely as an excuse to build condominiums, row houses, cluster housing or any of the other terms used to describe communal living,, To illustrate the substandard type of development this is I would like to call attention to the fact that although Home Savings was informed several times of the necessity of adequate park area and facilities they have seen fit to provide only 3 8/10 acres of park land to serve almost 4,000 people, This is the first increment,, West Covina standards ask for a minimum of 10 acres per 39500 population,, By West Covina School District standards the average site of elementary schools is 10 acres exclusive of ball parks,, Home Savings was also well informed of this but nevertheless restricted school sites to 8 1/2 acres which includes ball parks,, Home Savings provides a projected population figure for the entire development of about 40,000,, There is no reason for assuming that figure is in anyway accurate,, In order to justify any zone change the burden is on the applicant to prove that a need exists within the City for this proposed zone.. change, a need other than the need of the developer to reap the most bountiful harvest possible,, Speaking as a home owner and taxpayer of the City of West Covina I fail to see where this requested cone change and resulting development meets any need in West Covina and far from being beneficial in any way appears extremely detrimental,, Mr,, Chuck Dowding I am Chairman of the West Covina 1605 South Belmont Home Owners' Federation,, Mr,, West Covina Ritchie proclaimed there would be no greater density than in the original development and I ask him to prove it,, I will prove otherwise,, This whole presentation by Mr,, Pereira and the staff report is one of the greatest figure juggling exhibitions I have ever seen,, (Presented the following charts and explained same: "Exhibit A. General Plan Amendment"; "Exhibit B, General Plan Amendment"; "Exhibit C, General Plan Amendment"; "Exhibit D. General Plan Amendment" "Exhibit E. General Plan Amendment"; "Exhibit A. First Increment Zoning Comparing Existing Zoning vs,, Proposed Zoning"; "Exhibit B. First Increment Zoning, Comparing Existing Zoning vs,, Proposed Zoning",, _10- C, C, 11/9/64 Page Eleven AMENDMENT NOd 5 6 ZONE CHANGE NO, 319 ® Continued We have some recommendations relative to these things -we are considering tonight, We recommend that the General Plan be sent back to the staff and the Planning Commission and that the whole thing be reviewed on an independent basis based on the scaling factors of a general plan and that we come up with a unified appendage to our City and not a satellite city, We further recommend that the existing zoning on the general parcel now in the first increment is quite logical in terms of the historical development of this City and the proponent hasn,°t given any evidence why we should change it, Mr, Ralph M, Goldstein 1546 Cameron Avenue West Covina Owners' Federation and also as a I am speaking both as the Vice Chairman of the West Covina Home Owners' Federation and as the representative of the Home resident for ten years, I am amazed this would come up for consideration in the City of West Covina, I have had the highest respect for our planning staff and the Planning Commission and I don't see how this got by, When I see row housing of this type coming into West Covina with the standard of housing size of 700 to 1300 feet in rows, I am really shocked, In the introduction of their report they talk of this being something that goes along with our present concept of the headquarter city of San Gabriel Valley, I would like to read you an excerptfrom a pamphlet put out by our own Chamber of Commerce this year in putting out the publication for general use of what is the headquarter city of West Covina, "United States census figures for median income, education, home values and all other median or average figures available placed beside the median for West Covina will show these people to leave the average far behind. A look about the City will show the results of this initiative. Lovely homes abounding with healthy children predominate, with an average family income of over $10,000 annually, The West Covina family is afforded the opportunity for many types of activities. There are over 2500 residential pool owners, If a city is as solid as its citizens, West Covina has a firm foundation," I ask you is what they are going to bring in here going to be consistent to that or do we have to add an asterisk at the bottom, "They are putting in something new and different," If they want to put something new and different in West Covina I want it to be a better development, Mr, George MacCormick- We would like all the home owners here tonight opposing this development to please stand, (So indicated,) • REBUTTAL Mr, Graham Ritchie- In the year and a half we have worked on this nobody from the group that has spoken to you tonight has contacted us or suggested to us any alternate plans. I do know we have sweated blood with the staff, fought them on every possible kind of issue trying to work out problems that are mutual to them and to us, and this is not our report -® it is their report and it merits your study and I am sure you have all studied Ca C, 11/9/64 Page Twelve AMENDMENT NO. 5 & ZONE CHANGE NOa 319 ® Continued •it, We have tried to work out the best possible development we can for this property, It is easy for somebody to come along with figures I don't understand as .you go through -them already I can see errors, We have tried to provide for the recreational facilities; we have tried to make a sensible well balanced community out of this, If you want comparisons I suggest first of all that you refer to Page 7 of the staff study which shows that the°total residential acreage is 50,1% as opposed to 55,6% in the City of West Covina; that we have 25,1% in quasi public and recreation as opposed to 11,.7%, When we appeared before this Council two years ago the zoning was granted on this property, part of the projected development was.a land reclamation site which was to be turned into a golf course when it was filled and that was 12 years hence, We have decided instead to come along with a golf course at this time, partly for our own benefit and partly for your's and it will enhance the development now, add interest to it and make the homes more marketable, You are getting a golf course today along with this development in the first increment rather than 12 years from now when the sanitary land fill site is finally.filled. I think this is an advantage the City of West Covina should weigh along with the other things, We are making some concessions in order to come up with this kind of development and yet we still feel it is not only a good develop- ment but the best one for this kind of land, The trap that some people seem to fall into is that they talk about R®1 units as if they were somehow substantially different from the R®2 units that are going to be placed on this property and they are not that much different, We aren't marketing apartment houses here; we are marketing single family houses, The only difference between them is that in some of them they will be detached and others will have party walls, They will be sold to individuals, We have had total cooperation from all of the school districts; we have provided two elementary sites in this increment, They determined the size and location of those sites, They will determine the size and location of every future site, We determined there would be a location for the high school site somewhat northerly of its present location. The high school district wanted it in another direction and we moved it because that is what they wanted, We have worked with the school districts and we have agree in principle that where park sites are provided insofar as possible they will be provided in conjunction with school sites. In every way possible we have tried to cooperate with your school districts and with the staff, We feel this is a good plan and a good concept, Mr, Leon Rudderman Some of the arguments brought Executive Vice President up by the opposition in terms Hai C, Tan, Architects of arguments by labeling, communes, Rm2 multiple type density, struck a responsive chord because I happen to live in a "commune" in the City of Fullerton, We met with this particular community and spent six months in convincing them this was a better way of developing single family residential housing, After the first development was completed, our second attempt in bringing in a cluster type project in the highest level area of Fullerton was completed in,.19 days with the full blessings of the Council, Mr, George MacCormicko We feel this gentleman has introduced new evidence, -12- • • • Co Co 11/9/64 AMENDMENT NO. 5 & ZONE CHANGE NO. 319 - Continued: Mayor Snyder: Mr. George MacCormick: Mayor Snyder: Page Thirteen It is not new evidence when it is in answer to a question or in answer to what you have said. He brought what he considers to be first-hand evidence of his own-: That is additional information. I would interpret it as being in an- swer to what was given in opposition. There being no further public testimony, the hearing was closed. Councilman Heath: There was a tentative zoning placed on this property when it annexed to the City, a map which you have all seen. Also on that map there was zoned 1.18 acres of commercial, and the Council at that time questioned the size of the commercial area and it was the explanation and under- standing between the Council at that time and representatives from Home Savings and Loan that the Commercial was 118 acres but at a later date„ no doubt, there would be requested a change of the outer perimeter of this commercial to be changed to multiple dwelling as a buffer. There was anticipated to be multiple dwelling in this tract at the time we adopted the zoning plan before and the records will bear this out. Councilman Krieger: Planning Director, Mr, Joseph: Mr Joseph, has the staff ever been presented with the statistics that the opponents have brought to us this evening? No. I haven't seen them before this evening, Councilman Krieger: Mr. Aiassa, to your knowledge has anyone else in the City ever been presented with this information. that the Council, is asked to consider tonight? City Manager, Mr, Aiassa: No. This is the first presentation. Councilman Krieger: I have a question of the opponents. Why was this information not presen- ted to the Planning Commission.? Mr. Chuck Dowding: First it has been our experience that the Council more often than not has an independent point of.view on these sort of developments. There is a point of our intelligence breaking down, Some of these hearing were at the end of the summer, starting of school, but our intelligence brck.e do%�.rn and the evidence as it came through was slow in coming. biro Joseph's extensive report on the Minutes of the meetings, et cetera, over an extended period didn't become available until the very night that I spoke out against the general plan and the zoning, I would like to go on record that we did appear before the Planning Commission and talked against this but we didn't have a chance to generate this infor- mation because most of it is generated out of Mr. Joseph's report, T apologize for not being able to develop.the information at an earlier date but it wasn't available to us and we didn't know of its availability until it was too late. -13- C, C, 11/9/64 Page Fourteen "AMENDMENT N0, 5 & ZONE CHANGE NO, 319 Continued . Councilman Krieger: I appreciate the confidence that people seem to vest in this Council, our ability to absorb matters and to digest statistics of this type, It seems to me if I may pursue this that it might well dispose this Council to have the same critical review of these statistics that the proponents had of their statistics in our staff report because I would like to have for my consideration the full benefit of the professional staff within this City as well as our Planning Commission's consideration, I appreciate the jurisdiction is now vested in this Council but I also appreciate that we have a Planning Commission in this City to whome some opinions to the contrary notwithstanding we do place and vest confidence in their ability to judge some of these matters and speaking only for myself I would like to have further consideration of some of these factors that have been brought before us tonight so we can weigh it in the true perspective, This is a big item, a big subject, We are going to be setting a precedent in a critical area, This isn't anything where it befits us or it is going to do justice to the citizens of this City to necessarily reach a decision on this matter right this minute, • C� Mayor Snyder-, I wouldn't want to leave the impression that there are new statistics here; it is only a new way of looking at them, Mr, Chuck Dowding: I would be pleased to cooperate with the staff in going over how the figures were arrived at, Councilman Jett: Mr, Pereira, I believe you mentioned we are a City of boat owners and somewhat sports -minded, The thing that concerns me, have you made provisions for storage -of vacation trailers and boats? Mr, William Pereira: We have several types of single family'housing in this first increment and could obviously accomodate a boat or trailer, whatever the demand might be, Mayor. Snyder- Has this zoning been granted in Walnut or have you proceeded with your proceedings in the City of Walnut? Mr, Graham Ritchie: Mayor Snyder: Mr,, Graham Ritchie: No, Do you anticipate any problem there? We have kept them fully informed. We have not made any application, Mayor Snyder: Do the present ordinances -permit this type of precise plan without variances? Planning Director, Mr, Joseph: We don't have a planned develop- ment ordinance. I suggested going for R®2 although our Rm2 was not written with this in mind, At one time we had before the Planning Commission a planned development ordinance which the City Attorney was not in favor of and following -14® Co C, 11/9/64 Page Fifteen AMENDMENT NO, 5 & ZONE CHANCE NO, 319 Continued ispublic hearings it was dismissed by the Planning Commission, We don't have any ordinances right now that would permit this kind of a project to be carried through, Mayor Snyder-. Is it because this is a new concept? Planning Director, Mr, Joseph-. I think so, Still pending before the Planning Commission are the unclassified use permit, the precise plan, the variance and the tract map9 all of which have to do with the first increment, The Planning Commission has held these to their meeting of December 2 at which time we hope to have a full Planning Commission and we hope the City Council will give direction in terms of general plan and zoning before that time, Mayor Snyder: If we are going to refer this back to the staff then we have to do it to ask them to look at the validity of these figures and we have to ask the staff and ourselves, does this proposal compromise our general plan, If it does', and there are several unique factors that apply to it that doesn't apply -to the rest of the City, it seems to me, it is one large development which makes the street and traffic flow problem less because the developer can put these into best fit with what is built and this should be no problem at all, I think what we are interested in is does this compromise the general plan for the rest of the City, Councilman Nichols: I would favor Councilman Kriegerls suggestion in this matter, I think it is of such importance not only in relation to this particular development, to the proponents, the opponents, but to the City for a good long time in the future, It is very easy to say that establishing three or four hundred acres out of the 1800 acres in no way commits anyone but I think it is a precedent and I think it should be explored more thoroughly in all its ramifications before a final action is taken by this Council, I would concur with the Mayor that the validity of these figures should be checked and I would also suggest that the validity of the figures of the proponents be equally rescrutinized by our own staff, When we come back at this again we will have as complete a degree of information as is possible, Mayor Snyder: The comment has been made to seek the aid of the planning staff, Do you mean the staff or the Commission? Councilman Krieger: I mentioned both, Councilman Nichols: It seems a shame to me that a project that has more impli- cations from the City of West Covina than most I have heard of any recent times has to be crowded on an agenda, crowded with items of importance to many people so that both the proponents and opponents feel they are in a situation where they must rush through and leave out portions of their testimony, I think it is neither fair to the proponents or the opponents and I think the scheduling of a matter like this sandwiched in between a full agenda is something I would prefer not to see and if this is to come back before us at a later date I would appreciate it as a Councilman to request that it be so set that there is ample time for all the remaining aspects of this to be considered, -15- • C, C, 11/9/64 AMENDMENT NO, 5 8 ZONE CHANGE NO, 319 ® Continued Mayor Snyder: Page Sixteen I think you are probably correct, This should be the only agenda item at a special meeting, Councilman Heath: If it is Mr, Krieger's intention to send this back to the Planning Commission for report without specifics and have them report back to us whether they agree with their previous recommendation or do not agree with this previous recommendation, I think I would like to see him put it in the form of a motion and I will second it, Councilman Krieger: Under the circumstances with the hearing closed and a reference back, does this require the consent of the applicant? Acting City Attorney, Mr, Terzian: No, it does not, Material new evidence has been presented in the form of these new statistics which was not presented to the Planning Commission and in that case the Council can refer it back to the Planning Commission as long as material new evidence was presented to the Council at their meeting, There does not have to be consent on the part of the applicant, Councilman Krieger: Planning Director, Mr, Joseph: Mr, Joseph, your Planning Commission is not going to sit in bank until December 2? That's correct, Councilman Krieger: Our first regular meeting of the Council would be December 143 The first regular meeting in the month of December? City Manager, Mr, Aiassa: Yes, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Amendment No, 5 to the Comprehensive General Plan (City Initiated) and Zone Change No, 319 (Home Savings and Loan Association) be referred back to the Planning Director for a staff report and to the Planning Commission for a Commission report on Minutes of this meeting tonight and on the exhibits presented to the Council tonight both by the proponents and the opponents for a report back to the Council at a meeting held on December 71, 1964 for the sole, specific and express purpose of determining the disposition of Amendment No, 5 to the Comprehensive General Plan and Zone Change No, 319, PRECISE PLAN NO, 435 William B. Lane HELD OVER Request for approval Commission Resolution October 23, 1964, LOCATION: 247 Barranca between Walnut Creek Wash ar)d Mesa Drive, of precise plan for apartments approved by Planning No, 1698, Appealed by Elbridge A. Tucker on City Clerk, Mr, Flotten: (Read Planning Commission Resolution No, 1698,) -16- f C, C, 11/9/64 PRECISE 'PLAN NO', 435.m Continued Mayor Snyder: IN FAVOR Mr, William Lane 247 South Barranca West Covina Page Seventeen This is the time and place for the public hearing, We had zoning on this property approved over a year ago, We think we have a good plan for this land, Mr, Leon Rudderman I represent the architectural 4100 West Commonwealth firm of Hai C. Tan 6 Associates, Fullerton (Presented redering and explained same,) In the traffic circulation pattern Barranca does not penetrate directly into the development, We bring in our own street from Virginia, I am sure this development will be a positive aspect compared to most of the Rm3 type of developments you are familiar with, I would be happy to answer any of your questions, IN OPPOSITION Mr, John F, Koonce I would like to call on members 3323 Toni Drive of the East Hills Home Owners' West Covina Association who in the main oppose some parts of this development, Mr, Mel Berkman The only thing we ask now is 3005 Mesa Drive to remember that you promised West Covina that the rights of the home owners surrounding this and the other future apartment developments on the east end of town would be 100% protected, The people along Mesa by prior right have a distinct right to their view that looks out to the north and we feel the way this project is designed with some of the buildings erected on the bluff they are being deprived of this right, We feel you should make very sure that the roof elevations of these structures are below the grade elevation of those people living on Mesa Drive, Mr, Elbridge Tucker (Presented map and explained 2915 Mesa Drive same,) I live at the top of West Covina the bluff. The complaint is directed to how this property shall be developed. My major interest is how much setback should be required for the protection of those property owners along Mesa Drive from this proposed development, There are no hillside apartment developments in West Covina yet that I know of, Your action this evening may be setting a precedent in the handling of these matters, (Presented photographs to Council and explained same,) Mrs, Elbridge Tucker We think this is a beautiful 2915 Mesa Drive development and we expect Mr, West Covina Lane to have a reasonable profit from his land only as his profit does not decrease the value of our land, When this was presented to the Planning Commission at that time they were not aware that the building would be 10_feet higher than the bluff because I was not aware they were going to take new pictures, I have pictures I would like to have you look at to see what 10 feet above the bluff looks like and what a 23-foot building looks like 20 feet away, A new plan has been filed and the buildings came down 11 feet in height, According to m17® Co Co 11/9/64 Page Eighteen PRECISE PLAN NO, 435 - Continued: this plan the patio is not a part of the building and yet the roof goes over it, I am merely asking you to be reasonable as we are trying to be. I am speaking for the Shroders, the Martins and the Tuckers. Mr. Melvin Crouse The points we have made are 321 South Charvers Avenue that previous City Councils and West Covina Planning Commissions have given us the impression that buildings would be kept off this slope. These people are entitled to the beauty and air space of this development because they have been there. It does seem customary to have 50 to 100 feet between R-1 and R-3 structures, I would like all the people in the audience opposing this precise .plan to please stand up. (So indicated.) REBUTTAL Mr. Leon Rudderman: The suggestion that we move our. buildings 100 feet away is com- pletely impossible within the confines of this type of precise plan. When we recognized the amount of concern we did studies on the ad- joining structures and we submitted an alternate possibility to the planning staff for your consideration so that our roof line would be at all times below the ground level of the adjoining property. (Pre- sented chart and explained same.) Mr. Lane is planning to go along with the street widening and widen the area in front of his home. There being no further public testimony, the hearing was closed. Councilman Krieger: Before the Council begins its deliberations I would like to make a statement. I shall refrain from participating in the Council°s deliberations on this precise plan and abstain from any voting on the question itself, For the record, I wish to state the reasons for this decision. As an attorney I have prepared certain documents .for the principals in this matter totally unrelated to any issued now before this Council. These services were commenced long before any hearing before the Planning Commission on this precise plan. As a Councilman I have disqualified myself as an attorney when this issue was raised from any representation on behalf of the applicants before any agency of the City, the Planning Commission or the Council. It is likewise appropriate in order to remove any issue of favoritism, partiality or conflict that I also disqualify myself as a Councilman from voting on any question that relates to a matter of interest to these applicants. Councilman Heath: I think Mr. Berkman was referring to a.remark I made when I was discussing the zoning on this property that I felt the adjacent properties could be protected by precise plan. On the basis of that statement, I voted for the z®ning on this piece of property with the understanding that good precise planning could be placed on the property that would pro- tect the people in the neighborhood and I don't see that this precise plan does. I feel the building on the side of the hill has had the top chopped off it and gone into a flat roof purposely to get around an objection the neighbors had and if this be the case I think it is the most detrimental thing we could do to the area. I am not in favor of creating a snow village in this area even at the sacrifice of a few buildings. I would.question whether that street can be built as close to Barranca as shown. I feel the street has to be moved and if it is moved it will ruin the rest of the precise plan. With the t • C, C, 1119/64 Page Nineteen PRECISE PLAN NO, 435 - Continued removal of those buildings on the side of the cliff and the possible movement of that street on the east this might work out into a satis- factory plan but the way it is right now I could not accept it whatsoever, Councilman Jett: I undersand that this is a new plan that has been prepared after the Planning Commission made their decision. Is this correct? Planning Director, Mr, Joseph: This is the plan that was before the Planning Commission, The plan dated October 27, 1964 which relates to the elevations was prepared after the Planning Commission meeting, Mr, Leon Rudderman: The Planning Commission approved the precise plan as you now see it on the board, With that approval we could have presented and we still are presenting it exactly as it was then, Mr, Lane indicated he had friends on the bluff who had spoken to him about the elevation and in response to their desires he asked us to do a study to see what would happen if we lowered the structures so they would not obstruct the view of the neighbors, We did this section study and it is an architectural section study, not an elevation, We do not have a sea of white roofs; they are shingle treated, We didn't chop the top of the roof off, We found we could cut further into the slope to lower the foundation line of these structures in order to lower them below the sight line, Mayor Snyder: Does the plan as approved by the Planning Commission without revision meet all the requirements of the R-3 zoning ordinance? Planning Director, Mr, Joseph-. Yes, The plan does conform and it would have to be rechecked for absolute conformity when the building plans came in, Councilman Heath: Did the Planning Commission know that the roofs. of those buildings would be 11 feet above the grade? Planning Director, Mr, Joseph: When the public hearing commenced no one really was aware of it. The testimony came out -at the public hearing brought out by Mrs. Tucker that the roof lines of the multiple family were apporently'projected above the grade line of the home to the south. This information was available to the Commission and there was.discussion but the information was brought to the Commission the night of the public hearing, Councilman Heath: Would you explain to me how or by what means we can interpret that elevation to be Rm3 where R-3. I believe, is restricted to two stories? Planning Director, Mr, Joseph: R-3 can be three stories by right, The height is discussed by the code and it is not necessarily the number of stories, The code says you may not have -'in excess of three stories for a building, What the code states in terms of -height is a measurement of height away from a property line but in no case.exceeding three stories, -19- C, C, 11/9/64 Page Twenty PRECISE PLAN NO, 435'- Continued • Councilman Nichols: Does this conform to the code? Planning Director, Mr, Joseph: It would haveto when the building plans came in, Councilman Nichols: Going on the assumption that when the building plans did come in that they showed something similar to what is shown there as far as the height of the structure is concerned, then if that did happen and it was on the slope in this fashion, at what p6int from ground reference would you measure the height of a structure? Secondly, when you got that height measured would it conform to the setback as shown on that precise plan? Planning Director, Mr, Joseph: We showed this to the Building Departent and they have indicated that the cross section which is now before us would conform to the code provisions, Councilman Nichols: My recollection of the original testimony at the time the zoning was granted on this property was that an engineer representing the applicant informed the opponents of this development that there would be no construction on the bluff at all because it was not practical. It was also my understanding that the testimony and recommendations of the Planning Commission at that time indicated that the Planning Commission's concept was that there would be no development on that bluff because this was not practical, Now in the interim after the zoning has been granted the developer of the property has found a manner to make it practical. I think, therefore, that we have factors that go beyond the blacks and whites of the law itself but we come to factors of moral obligations, moral obligations to the people who accepted testimony on its face value, moral obligations to the Council that made a decision based on testimony at that time, a Planning Commission that made a decision,. It was stated by proponents that single family residential could be built right up against multiple, I don't believe that is true, I don't believe R-1 development could come that close to the property line, We are in an area of town where lots are relatively large, where people have made a substantial investment in their homes and that investment is directly related in my opinion to the type of view that those homes have. I believe in all sincerity in the neighborhood where these homes exist a development if not properly controlled will destroy property value, I think we have some need to protect adjacent property owners. I am not an architect or an engineer and I don't know how far down the hill those units would have to slide in order to give a clear and unobstructed view and reasonable clearance to the property to the rear. I could say that as a Councilman interested in equity for the developer and the citizens I feel that those units as shown here on this precise plan are too close to the property line and are in a dangerous situation relative to obstructing the views of people with prior rights, In its constituted shape neither could I accept this precise plan. Councilman Jett: I think this is going to be the first departure out in this area from single family homes. I think that homes of the people who were there prior to this development are entitled to every consideration for the protection of their homes and I don't want to be part of approving something that will substantially lower that value. However, this property is zoned R-3 and it has been zoned R-3 for some time.and -20- Ca CO 11/9/64 Page Twenty -One PRECISE PLAN NO 435 Continued, •being zoned R-3 they are entitled to develop it in accordance with the ordinance, However, we do have the precise plan in the City and through precise planning we,are able to obtain certain restrictions and im- Provements we wouldn't be able to get otherwise, Some of those, I think, the proponents have indicated they'. would be willing to do and I am sure there is something we slipped up on when the zoning was granted and that was to assure ourselves that Barranca Street is going to be improved all the way through, Can we make this provision where the original house is not a part of the development? Can we demand that. all this area be paved? Acting City Attorney, Mr, Terzian: It is not part of this application and you cannot impose conditions on that, Mr, William Lane: Some months ago when I discussed this with the engineer I told him then we would develop the property across the front of my home, Councilman Jett: I can°t go along with this precise plan as it now exists, Mayor Snyder: I reluctantly voted for this R-3,, I am not going to go into why I voted for the R-3 except to say I reluctantly voted for it, Before you prohibit them from building anything on the bluff, and I am trying to be fair to both sides here, you should be careful that you are obtaining what you desire from both sides, To me the applicant has indicated to some extent that he is not, even though he is building on the bluff, putting roof lines up above the line of sight for what these people really desire to look at, which is the mountains, He may be obstructing their view of the May Company and the interchange, I am not convinced that they are obstructing the line of sight, If that is the case they are within the limits of the code and could build on the bluff and it might be more attractive than leaving that bluff bare. I would personally like to look the property over or send this matter back to the Planning Department and Planning Commission and let them look it over withthe view to whether the line of sight really is obstructed and not so much with just prohibiting everything on the bluff because I am not sure you are going to accomplish what you want to accomplish, Motion by Councilman Jett, seconded by Councilman Nichols, and carried, that Precise Plan of Design No, 435 be referred to the staff to work with the proponents to accomplish a better designed precise plan that would be more in keeping with the area, (Councilman Krieger abstained, Mayor Snyder voted "No",) PLANNING COMMISSION METES & BOUNDS NO, 135-230 LOCATION: 417 Campana Flores Westdale Savings & Loan Assoc, between Cortez and APPROVED Virginia, 0,93 Acres - 2 Lots - Area District III, Approved by Planning Commission on November 4, 1964, City Clerk, Mr, Flotten: (Read recommended conditions,) -21- f 0 C, C, 11/9/64 Page Twenty -Two METES 6 BOUNDS SUBDIVISION NO, 135-230 - Continued Councilman Heath- I have looked this property over fairly well and I think this solution they have proposed here is about the only solution that could be proposed and I think it is an agreeable arrangement, Planning Director, Mr, Joseph- Maybe there should be another condition that the metes and bounds be subject to the final approval of Variance No, 526, Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that Metes and Bounds Subdivision No, 135-230 be approved subject to the conditions imposed by the Planning Commission with the added condition that this approval be subject to the approval of Variance No, 526 and the final map, METES & BOUNDS NO, 135-231 LOCATION- South of Duff between Mr, 6 Mrs, Artie Jett Glendora and Duff, APPROVED 1,46 Acres - 4 Lots - Area District II, Approved by Planning Commission on November 4, 1964, City Clerk, Mr, Flotten- (Read recommended conditions,) Councilman Jett - I would like to disqualify myself from voting on this, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Metes and Bounds Subdivision No, 135-231 be approved subject to the conditions imposed by the Planning Commission, TRACT NO, 30179 Paul G, Inman "APPROVED LOCATION- Westerly of Charvers Avenue between Virginia and Cortez Street, Request is for 15 lots, 5,9 acres - Area District III, Approved by Planning Commission on November 4, 1964, City Clerk, Mr, Flotten- (Read recommended conditions,) Planning Director, Mr, Josephs Section 9220,21 of the code states that the Planning Commission may set certain lesser requirements due to topography, shape of the land, or what -have -you, They have done this in this respect, Certain of the lots are a.little shallower than the code permits, The Commission has found fit to approve this and the Council if they agree has to concur because the Code indicates that the Planning Commission shall by resolution fix and they have done this and when approved by motion of the City Council, which does not require a resolution, it merely accepts an acceptance of the Planning Commission resolution, then this map would be acceptable. This would be an additional act on the part of the City Council if you agree, -22- C, C6. 11/9/64 TRACT N0, 30179 - Continued Councilman Jett: is built on the side of a cliff, Is Page Twenty -Three On the topographical map it looks to me like the street this right? Public Services Director, Mr, Adams Grading plans would have to be submitted Councilman Heath. I don't see how you can get 15 lots out of it, The terrain won't permit it, I think you have a flag lot in there and I am opposed to flag lots, In the last case we had to take it, In this case I don't think we have to take a flag lot. It will present a problem in policing -- the police can't see what is going on in there, I am sure the terrain in this property is such that those lots on the west side of that street cannot be developed into residential lots and still give you a pad and a driveway and place to turn around, Before this is accepted I would like to have this gone over by our City Engineer with a topo map from the applicant to review it, Public Services Director, Mr, Adams: Do you want.a grading plan? Councilman Heath, I would think so, Mr, Paul Inman When we first gcquired this 3430 North Durphy property our first impression E1 Monte was this was an ideal situation for a condominium development because it had the recreational facility of the former residence which could be converted and restored and used to a fine advantage, In contacting the home owners in the area we determined they were adverse to this and we took a second consideration which was a minimum density cluster housing development, Some people in the City were favorable to this if the home owners were agreeable, On meetings with the home owners in the adjacent areas we learned.they did not desire this type of'development in the area, They felt this was a high-class residential area where people could afford their own recreational facility and we designed a.16-lot subdivision which we felt was more than adequate with the hillside terrain in this area which has a variation of 35 feet from the low point to the high point where the existing residence is now and in communication with the Planning Department they determined there had been some plans of 15 lots which was more desirable so when we went before the Planning Commission.we requested 16 and they turned it down so we presented a map with 15, which they accepted, We feel that the contour of the property should be maintained because there are trees that we wish to retain and it has been the feeling of the various home owners around there they would like to see these things retained rather than have a bare piece of land where you have cut and fill to -build lots and it is years and years before you have any follage of any vision or water shed value and we have designed our whole sub- division on that basis. We feel the one flag lot here is not objectionable because in many many hillside subdivisions they have a high percentage of flag lots in a development of this type, This driveway has been deemed acceptable by the Fire Department and there are other flag lots in the vicinity that have been accepted in the past which are maybe even less desirable than the one we have, -23- C, C, 11/9/64 Page Twenty -Four TRACT NO, 30179 - Continued • Mr, Mel Berkman: Mr, Inman has showed a wonderful cooperation with the home owners in the area, I think it is an outstanding degree of cooperation, Mr, George MacCormick: I would like to reiterate that, This is one of the few opportunities I have had to speak for the proponents, Councilman. Heath: With all due respect for Mr:., Inman, I think he is no doubt sincere, I don't like the flag lot, Mr, Paul Inman: We have a turn -around on the flag lot so.you can turn around and come out head first rather than backing into Virginia, Councilman Heath: I am talking about the lots on the west side of that proposed street that cuts through, In such a terrain I feel you have the same exact condition that I have in the home I purchased, It looks good on paper and I bought my home while it was on paper, but it is extremely difficult to manuever, Mr, Louis Fine I am associated with Mr, Inman 409 South Garden Glen on this, We have cooperated 11 West Covina. with everybody in this particular subdivision, We have provided a turn -around on every lot so that no one can object that possibly they will have to back down in the street, Councilman Krieger: It seems to me there may be a little duplication of considera- tion and effort and attention in this matter, The Planning Department took these factors into consideration; considerations were imposed by the Planning Commission consistent with the recommendations of the Planning Department and the Engineering Department, Motion by Councilman�Krieger seconded by Councilman Jett, and carried, that Tract No, 30179 be approved subject to the conditions imposed by the Planning Commission, (Councilman Heath voted "No",) REVIEW PLANNING COMMISSION ACTION OF NOVEMBER 4, 1964 So indicated by Mr., Flotteno The following items were called up by Council- (1) Variance No, 538, Richard Scott, Approved; and (2) Variance No, 534, Walliches Music City, Approved, RECREATION AND PARKS None -24- • I C, C, 11/9./64 GENERAL MATTERS 'ORAL COMMUNICATIONS HEAVY EQUIPMENT PARKING AT CORTEZ PARK Page Twenty -Five Mr, Walter S. Baro I am here to ask you for an 609 Almirante Drive investigation and it wouldn't West Covina be necessary if the secretary of the City Manager would not have hung up on me..when I called here or when I tried to get the City Manager because she told me unless I informed her of the exact situation which I wanted to discuss with the City Manager she had the order not to let me talk.to him and she hung up on me, My problem is the following: I live at 609 Almirante Dirve opposite Cortez Park and I found out that about 30 trucks and heavy material were parked within the City parka I called Mr. Adams who was very surprised there were 30 pieces of machinery there and he thought they would probably be staying there for four months, I have taken some photographs, The phone call was on October 14 and these photographs were taken on November 1 at which time they were still there, some pieces of heavy equipment standing there,, They were to allegedly have been used for the sewer project on Citrus, My question is this: 'Since when is a park a depository for heavy truck material? Here are the pictures, (Presented same to Council,) I would like to ask the Council to ask Mr. Aiassa maybe if his secretary permits, to investigate it and I don't like to have a whitewash, City Manager, Mr, Aiassa: I think in due fairness to my secretary you should hear her side, I think Mr. Adams did give this matter fair attention, Councilman Heath: I would like to hear the other side because I feel our staff is the first line of publicity for the City, If there was any incident like this that was uncalled for, I think we should know about it, On the other hand, if it was something other than what this man says, I think we should know it also,, Public Services Director, Mr, Adams: The four or five acres of the unimproved park that are in Cortez had been used in the past by contractors in the area as a place to store equipment, When our sewer contractor now doing work in the area came into the area he was looking for a place so he asked us and we told him he could store.equipment during the time it wasn't being used, I had a call from Dr,- Baro- and he had a strong protest against the.use of this property for this purpose, I went down and talked, to the contractor that same afternoon and that very day the contractor took action to move out of the area. As far as I know he has moved out of the area, He could still have one or two pieces of equipment left but for all practical purposes he has moved out of the yard, Mayor Snyder: Dr,. Baroj, is there still equipment there? -25- C, C, 11/9/64 Page Twenty -Six 'HEAVY EQUIPMENT PARKING AT CORTEZ,PARK ® Continued Dr, Walter S, taro': At the present time the only • piece of equipment is a toilet which is standing there, Mr. Adams, you talked to me on thef'14th of October; these pictures are taken on the lst of November and the last piece of equipment was removed last week, Public Services Director -,Mr, Adams., I am sure it wasn't that long ago, the 14th, butI am positive it was within the last week we discussed this _ Dr, Walter S,.Baxo. Last week I was in Chicago so you can't have discussed it with me last week. I asked for an investigation, I will gladly appear before Mr, Aiassa, the Council; I don't think this should be heard here, Mayor Snyder: I agree, Regarding the question of the secretary, this is a personnel item I would prefer we have a report in private from Mr. Aiassa on, It is my feeling that there might have been an incident and my own feeling is.what happened it was probably a misunderstanding between the two of them, My,feeling is that if Mr, Adams honestly felt this equipment was to be moved out, he thought it was taken care of, Councilman Jett: I think with all due respect to Dr, Baro.'-that when a member of the staff has been accused of something like this I think this information should be made available in such a way that those people who have heard the accusation also be able to hear the other side of the story, Mayor Snyder: There will be a report on this, WRITTEN COMMUNICATIONS .JIM'S WATER WHEEL Mr, Tom Gillum I have a petition this evening 845 East Portner with approximately 100 names on West Covina it and I would like to present it to the City Council, (Read body of petition;) (Presented said petition to the Council,) Councilman Jett: This certainly expresses my sentiments, I would like to see us instruct our City Attorney to draft an ordinance that would put us in the position to stop this type of display, • Mayor Snyder: First we might ask the City Attorney g Y Y whether or not there are any legal powers in this field we hold, Acting City Attorney, Mr, Terzian., First of all you have to have a notice of a hearing if you- -26- CQ Ca 11/9/64 J.ITM'.S WATER WHEEL - Continued Page Twenty -Seven • propose to take testimony regarding a proposed ordinance on this particular subject, Secondly, there is very strong doubt in my mind that any city ordinance which is connected with things of this sort, indecent exposure, anything remotely related to it is a valid ordinance due to recent decisions by the State Supreme Court, Mr, Newell or myself will undertake to do appropriate research on the matter to see whether or not the City can validly legislate in this area, It is my opinion right now that it cannot, I Councilman Jett: Where there is dancing permitted there is liquor involved and various other considerations here; Isn't there some way we can take care of this? If there isn't, we had better get busy on our State Legislature and see if we can't get some laws passed where we can have local control, Acting City Attorney, Mr, Terzian: There is a State statute in the. Penal Code, Section 647, somewhere in there., to the effect that indecent exposure is a crime under State law, If anyone feels the crime of indecent exposure has occured in the City of West Covina they are entitled to go the the local office of the District Attorney or visit and advise the police of same and do what they can do to see that a complaint against the offending person is filed. There already is State legislation on this subject, I think the State has pre-empted the City, City Manager, Mr, Aiassa: Mayor Snyder: to at least explore such an ordinance, City Manager, Mr, Aiassa: We tried that, The District Attorney's Office kind of smiled at us, I think the course to take would be to instruct the City Attorney I think the Chief of Police might like to say something about this, Police Chief Sill: I have prepared a report for the Council regarding the cabaret dance permit which now is in existence at the Water Wheel and there is a provision under that ordinance where this license can be revoked after a hearing and that was my suggestion, that the Council take action this way by revoking that dancing permit, Councilman Heath: Along what lines would this hearing take? Police -Chief Sill:._ There is a list of offenses along with that, That coupled with the case in point where the topless suits were modeled and as soon as the Police Department became aware of this we took what action we thought we had to take under the ordinance and then we found out that even after a citation was issued to one of the girls involved they continued and we went back to the District Attorney and asked for his advise in this matter, what should we do? The information we had was they would continue, It was his recommendation that we not harass anyone but wait until the case was adjudicated, We have been willing to do this but at this location,they have not felt that they can do this and they have continued since this -time with these. topless showsa In light of the fact of previous incidents,.the list -27- • C, C, 11/9/64 'JIM'S WATER WHEEL - Continued Page Twenty -Eight which has been provided to you, would indicate to -you that this place does not deserve a cabaret dancing permit, The way the ordinance is now written it is up to the Police Department to issue the cabaret dancing permit but the revocation is left to the Council and only after -a notice is given and a hearing, Mayor -:Snyder- Is there something in the law about threatening people to stop doing something with the threat of something else? Are we in any danger? Acting City Attorney, Mr, Terzian- I understand your point and no, I don't think in this situation what you're thinking of applies, Councilman Krieger- I would say it doesn't apply because we are really talking about two matters as I understand it, We are talking about whether there should be a revocation of a cabaret dance permit involving Jim's Water Wheel, I assume this is being recommended to us by the Police Department based upon the violations of ordinances as set forth in his report, Without committing myself in any way with respect to that question, I think it is certainlywithin our province to conduct such a hearing, The second question seems to be whether or not, and again without committing myself, whether or not we should determine the feasibility or the propriety or the legality`of an ordinance in this City banning this type of display, I think this second.question is one we should have the benefit of the City Attorney's Office and on that matter I suggest we refer it to him, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the matter of the cabaret dance permit issued to Jim's Water Wheel Inn and the possible grounds for revocation thereof be set for hearing before this Council at the first date consistent with the code and that a notice be published to such extent and the opportunity forhearing begiven to proponents as well as opponents at such hearing, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the subject of the petition that has been presented to the City Council tonight be referred to the City.Attorney with a request for a report at the next regular meeting of the Council as to our powers of prerogatives in that field, Mayor Snyder- I do feel whatever public opinion interested groups can bring against this will bear as much weight as what we can do here, WORKMAN AVENUE SIDEWALKS City Clerk, Mr, Flotten- I have a communication from Graves 8acobsohn regarding sidewalks on Workman Avenue, You have copies_ of this letter, I would like permission to refer this to the Department of Public Works for report, C, Ca 11/9/64 Page Twenty -Nine WORKMAN AVENUE SIDEWALKS - Continued Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the letter from Grace Jacobson regarding the sidewalks on Workman Avenue be referred to the Department of Public Works for report. CITY ATTORNEY RESOLUTION NO, 3039 The Acting City Attorney presented: Jones .Property "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA FINDING AND DETERMINING THAT THE PUBLIC INTEREST) CONVENIENCE AND NECESSITY REQUIRE THE .ACQUISITION OF CERTAIN PROPERTY FOR STREET PURPOSES, MERCED AVENUE" (Jones Property) Councilman Heath: For the new members of the Council.I would like to suggest that they review the past history of this piece of property and the zoning given to Mr, Jones, I feel there is a solution to the problem here that will keep us from going through a costly and long drawn -out condemnation procedure, Before we start into condemnation I think the new members should be made aware of this condition and then we should decide whether we should go into condemantion, I feel it is possible to get the cooperation of Mr, Jones and I think in a very simple manner, Mayor Snyder: It is an accepted alignment,' If we get the cooperation, it wouldn't make it any cheaper, Councilman Heath: a long drawn -out procedure and the meantime we antagonize Mr, all the property in light blue Yes, it would, If we go in for con- demnation at the present time it is we condemn the two small pieces, In Jones, At some later date we will need which will be another condemnation suit, What Mr, Jones has been asking for and not gotten the cooperation from the City is he has a piece of property here which is irregular and it has been given a R-P zoning with the exception of a small rectangular piece at the easterly end which was zoned R-1, Actually it could be debated whether this is a good R-1 or not, What Mr, Jones would like is to make his piece of property more regular in shape by changing that R-1 to R-P on that small parcel. It gives him a usable piece of property and I think he would wilfully dedicate that right-of-way if the rest of his proberty was made so he could use it, Councilman Jett: I don't like to take issue with you but my experience with Mr, Jones has certainly been different apparently from yours because I don't think that Mr, Jones would dedicate anything, This has been my experience, I talked to Mr. Shaub and Mr, Shaub says he is ready to do something with his property, Councilman Krieger; I assume from the staff's report you have been unsuccessful to date in negotiating with Mr, Jones, is that true? -29- • 1 � LJ f C, Co 11/9/64 Page Thirty RESOLUTION N0, 3039 - Continued City Manager, Mr, Aiassa: Yes, Councilman Krieger: My own thought is so that we would have all the information before us when we vote on this perhaps further exploration could be given to this to firm up the position with Mr. Jones in this matter so we can see what his price tag is and if we want to pay it, Councilman Nichols: You're not indicating a concept of trading zoning for street improvements? I didn't want that to stand in the record -because some might get that inference, Councilman Krieger: That is not what I meant at all, I would like to know what Mr. Jones' price is, Councilman Nichols: Is there a possibility of gaining improvements of a street in this type of situation through an assessment district? Councilman Jett: It would be difficult because the assessed valuation -- unless you brought in all of this you would have trouble, Councilman Nichols: Some of the owners have already indicated their total willingness to cooperate, City Manager, Mr, Aiassa: If Mr, Shaub has 50o and Jones is less than 50o then we might have a chance, I can tell you what Mr, Jones would like to have done, Mr. Jones would like us to give him this property here of Mr, Skelton's for this right-of-way and also rezone it to R-P from R-1, That is his price, Councilman Jett: Mr, Jones is not interested in developing or building anything, He is only interested in land speculation in my opinion, I am not of the intention of doing something for somebody that isn't interested in doing something for the City, Councilman Nichols: Councilman Krieger: condemnation of doing it in two steps? Mayor Snyder: Councilman Krieger: What would be the width of that street? What would be the advantages assuming you went ahead with Paying for it, Why is the projection to-do it in two steps? Public Services Director, Mr, Adams: I don't think this proposes a second condemnation, When and if this develops he would have to dedicate the rest of the street and put in the improvements. -30- 0 I a C, Co 11/9/64 RESOLUTION NO, 3039 - Continued-, Councilman Krieger; Mr. Adams - ;Page 'Ilairty-One With an indefinite future on that street? Yes, Councilman Krieger, As I understand the proposal, you want to take an 80-fobt street as it approaches Glendora coming west and put it through on a 40-foot basis and then it widens out again to 80 feet and this is one of our supposedly main east -west streets. Mr. Jones presently has R-P on - part of that property. What is the procedure to City initiate to re- zone that to R-l? Councilman Heath- I don't think you could get away with R-1. Councilman Krieger. As long as we are negotiating with D,,Ir, Jones, I would like to explore I. -hat possi.,oility, Is there a feasibility of initiatin- this to rezone It R---1 from R-P? Mr. Joseph: Vie are contemiplating, it wit'a .Home Savings and Loan, C­3 back to --!� That is on the applicant's initiative, There are -three ways t-Alie; code says you can rezone a piece of property. First, a property owner -iiast give his consent and Make an application, Second, by resolution the Planning Commission may set a public hearing for re- zoning, Third, the City Council by resolution may set a public hearing for rezoning. Councilman Heath: Mr. Terzian: I would like to get the City Attorney on we stand on here, All right. report from what grounds Councilman Heath: The only reason I would suggest holding up the resolution is to 'Lind out if we can get the balance of the street all in one procedure, whether it be purchased or condemnation, Councilman Jett: I wouldn't go along with purchasing all,of that street at this time, I am certainly in favor of this resolution as prepared to go and move forward, Councilman Nichols: I agree with all that has been stated. I have a very great reservation here. I still drive Merced every day, sometimes more t.11in twice a day, sometimes four, five, six times a day, and I always go Merced Avenue and I always make the dog -leg and the turn and I aim still here. I don't find it all that bad. However, I do concur the improvement should go through, I would like to call everyone's at- tention to what will develop there when we come into that section from a wide street and we see this additional barrier jutting out, I think this will be poor community relations, People are not going to understand all the implications of it and I think it also creates a -31- C, C, 11/9/64 'RESOLUTION NO, 3039 - Continued Page Thirty -Two •new hazard that didn't exist before, an abrupt termination of the width of the street, I am wondering about the property involved at that little corner there, Public Services Director, Mr, Adams: Mayor Snyder; This would graduate down; the narrowing would be gradual, Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Jett, seconded by Councilman Nichols, that said resolution be adopted, Motion passed on roll call as follows- Ayes- Councilmen Jett, Krieger, Nichols, Mayor Snyder Noes- Councilman Heath Absent- None Said resolution was given No, 3039, Councilman Krieger- I would like a report from the this property from R-P to R-1, staff as to grounds to rezone City Manager, Mr, Aiassa- RESOLUTION NO, 3040 Z. C. 324; McConnel, Melbo, et al. ADOPTED Mayor Snyder: All right, The Acting City Attorney presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A REQUEST FOR A CHANGE OF ZONE" (ZC 324, McConnel, Melbo, et al,) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Nichols, seconded by Councilman Krieger, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes- None Absent- None' Said resolution was given No, 3040, RESOLUTION NO, 3041 U. U. P. No. 95, Firestone ADOPTED Mayor Snyder: The Acting City Attorney presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING UNCLASSIFIED USE PERMIT N0, 95" (Firestone) Hearing no objections, we will waive further reading of the body of the resolution, -32- C, C, 11/9/64 Page Thirty -Three RESOLUTION NO, 3041 - 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, 3041, PARKS AND RECREATION City Manager, Mr, Aiassa- You have a copy of the Summary of Actions Taken by the Recreation and Park Commission at the Regular Meeting of October 27, 1964, I would like this spread in full in the Minutes: "1, PRECISE PLAN - DEL NORTE PARK "Motion was made by Commissioner Whitcher, seconded by Commissioner Veronda, that this plan be approved and sent to the School Administration for their comments on the overlap of the baseball field, "Commissioner Veronda asked why it would be presented to the school? It was stated that the baseball field would overlap into school grounds and if the school was not in accord with the plan it would have to be redesigned, This should be finalized before recommending to City Council, "Motion carried unanimously, "2, AMERICAN LEGION POST #790 MONUMENT "Motion was made by Commissioner Veronda, seconded by Commissioner Whitcher, to confirm officially the approval for installation of the American Legion Post #790 monument in Cortez Park, as recommended by the Director, Carried unanimously, "3, GOLF COURSE "Motion was made by Commissioner Veronda, seconded by Commissioner Keith, that Mr, Gingrich meet with the City Manager and with the Mayor to determine from him the information he may have and the contacts he has made and obtain from him his recommended policy and report back to the Commission, from this date the Commission will determine its future course of action, "It was suggested by the Chairman that the report given by Mr, Gingrich be presented to Mayor Snyder as an opening for the Commission to start negotiations, Commissioner Veronda stated that three things had to be determined and that would be (1) information, (2) contact, and (3) policy to follow, Commissioner Whitcher moved the motion. Motion carried unanimously, -33- C, C, 11/9/64 PARKS AND RECREATION - Continued Page Thirty -Four "46 AMENDMENT TO MASTER STREET TREE PLAN OF CENTRAL BUSINESS 0 DISTRICT "Motion was made by Commissioner Whitcher, seconded by Commissioner Busching, that the Recreation and Park Commission recommend to City Council that the Master Street Tree Plan for the Central Business District be amended to show Crepe Myrtle (Lagerstromia indica) trees instead..of Carrot Wood (Cupania anacordiodes) trees on . Center Street, Sylvan Avenue and Service Avenue, Motion carried unanimously," CITY MANAGER REPORTS BRIDLE TRAIL Mr, Frank Cooper I am here representing the 719 Chaparro Road interest of the horsemen in Covina our community,- Thanks to you a very extensive and compre- hensive study has been done of the possibility of the establishment of permanent riding and hiking trails throughout the cities of West Covina, Covina and Covina has been working on the same project for us, We have one problem in particular, that is the easement or a route to our field from Barranca Avenue south of the freeway right adjacent to the Walnut Creek Wash going over to the Ridge Rider field, The Hircon Development is going in there and we are not going to be able to have an equestrian access•to our riding range, This will curtail our program at best, if not kill it, We will have to trailer in there and when we are instructing over 100 children every Saturday morning there are many parents that are not going to be able to trailer their children in, Therefore, an easement is an absolute necessity to us even if it is an easement that will last only for two, three, five years, but for the time being we do desperately need some assurance of being able to gain access from Barranca to the Ridge Rider field, I know in order to do this by use of the maintenance road of the Flood Control requires a con- tractural agreement between a governmental agency and the Flood Control, Therefore, the Ridge Riders could not enter into such an agreement, Once again I ask you to consider specifically some sort of an easement for us primarily along the ma-intenance road of the Flood Control.from Barranca over to the Ridge Rider field, This they will grant if you will assume some conditions. Those are spelled out in the report you have before you on bridle trails. One condition is maintenance of this easement and secondly, assuming of responsibility, It isa big thing to ask and whether or not you can see it in your power to grant.it,.I don't know, We are scared that we are goring to lose our field. This to many of us is a way of life and our field is our headquarters, We have taken another step that we do not want to make but feel we are forced into it and that is a lawsuit with the Hircon people on the basis that this .. has been a common use trail for over a period of five years and whether or not we will win in court I don®t know but we are very desirous of dropping this suit which is holding them up. We don't want to do this, It is a desperation move on our part and if you could -34- C. Co 11/9/64 Page Thirty -Five BRIDLE TRAILS - Continued: Mr. Frank Cooper - Continued: • see any way out to help us with an easement we would certainly drop this suit immediately. This suit we have entered into with the Val- encia Heights Water Company that owns the land you lease from them and in turn sublease to use May I suggest that the Council give its consideration to the usage of this property for riding and hiking trails and some sort of an equestrian center, perhaps even extending the scope between that three and a half acres to adjoining parcels of land through which at this time perhaps our permanent riding trails could be established? Councilman Heath: About a year and a half ago I was working on some trails and at that time I had quite a few contracts, I wonder if I could take this and report back at the next regular meeting on this problem? Councilman Krieger: Perhaps we can approach this on a number of fronts. Council- man Heaths suggestion as well as what the City Manager has brought up and perhaps to know what we can do to help these people. I think this is a worthwhile activity and it ought to be continued with the request to Councilman Heath to investigate this matter, also, Mayor Snyder: I would suggest Mr. Heath go through the report and see if you can come up with further suggestions and Mr. Aiassa can give us a report on the procuring of this easement and the liabilities involved. Motion by Councilman Nichols, seconded by Councilman Jett, and carried, that the Council, direct the City Manager to explore all facets of obtaining the aforementioned easement up to but not in- cluding the contractural signing for.such an easement but to also include exploration with the Ridge Riders in any area of partici- pation on their part that may be indicated as a result of the pre- liminary findings of the City Manager and report back to us at the next regularly scheduled meeting. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that.Councilman Heath be requested to also investigate the subject of bridle trails and give a report, to the Council at our next meeting as to what his conclusions and recommendations might be. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the subject of possible bridle trails in Galster Park be referred to the Parks and Recreation Commission, -35- C. Co 11/9/64 Page Thirty -Five (A) PACIFIC AVENUE TRAFFIC PROBLEM REPORT . City Manager, Mr. Aiassa- Read report from R. Ea Pontow, City Engineer, dated November 6, 1964 regarding removal of "No Parking" Regulation on Pacific Avenue west of Cameron between Cameron Avenue and Willow Avenue as follows- �7 " A petition has been received to remove the "No Parking" regulation from from Pacific Avenue west of Cameron Avenue. There are approximately six (6) residences fronting on this portion of Pacific Avenue and the regulation permits free right turns onto Cameron Avenue, southbound for traffic going ease on Pacific Avenue. Review of the situation on the ground indicates that addi- tion of approximately three (3) feet of pavement on the north side of Pacific Avenue would permit moving of the traffic striping so as to leave a parking lane in addi- tion to the facilities presently available. The gutter could be maintained as at present next to the Palm trees with this three (3) foot pavement addition. Cost of the changes is estimated at $825.00 and they would be con- sidered an interim improvement pending rebuilding of the street to full standards, which is being considered as part of next year's budget. Upon completion the "No Parking" may be removed from in front of all the houses except the corner one at Cameron and Pacific where it will be retained to permit the free right turn. Recommendation: It is recommended that if the City Council considers this urgent enough to be required at this time the City Engineer be authorized to install the changes outlined above by following informal bid procedure. If unsuc- cessful, we would complete the project with City forces. /s/ R.E.Pontow, City Engineer John Q. Adams, Public Ser, Dir." Councilman Heath- Move to accept the report and instruct the City Manager to proceed with the improvements as outlined in the report, - 35-A - Co Co 11/9/64 Page Thirty -Six PACIFIC AVENUE TRAFFIC PROBLEM REPORT Continued Councilman Nichols: When a municipality finds it necessary for the protection i of the great majority of people to institute a procedures n this case a restrictive parking situation, and that procedure and the restricted parking situation specifically in this instance imposes an undue burden upon a limited number of people, I think that from my mind I don't look at the cost of the eight hundred dollars or whatever it might ultimately be as being'a eight -hundred -dollar benefit to those five or six property owners but,I think of it in my mind as beng a general budget charge upon all the people of our community who have gained the benefit from that service,, I think that it is only right and proper that even when any reasonable extra cost that. has to be born by the City that we try.to see both sides of the coin and while gaining the benefit for the people in our community and this would be in keeping with Dr. Snyder's concept that individual liberties and rights should be protected even in the.face of the needs of the great majority so I would favor Councilman;Heath's and Councilman Jett's position, Councilman Krieger: I don't get the analogy, at a.l.l and I am not convinced by the argument and I am overwhelmed by the figure and although I would like to be able to concur in such an expenditure, 'I can't, Councilman Jett: I feel that this is not only to benefit just those few residents there but I think this will substantially benefit all those people who use that street because it is going to be widened; it is going to be an advantage, I feel.'quite sure that I will benefit, I use that street every once in a...while, Councilman Heath: I would like to add to my motion that the monies be taken out of the Unappropriated Reserve for this project, Action on Councilman Heath's motion: Seconded by Councilman Jett, Motion passed on roll call as follows: Ayes: Councilmen Jett, Nichols, Heaths Mayor Snyder Noes: Councilman Krieger Absent: None Councilman Heath: I would like to ask the City Manager if he would review the records. It sticks in the back of my mind that the first month or so I came on the Council that there was an obligation that the City has to the Ridge Riders to maintain riding trails in or along the Wash, under the bridges, and it might be as apart of the condition of the lease, City Manager, Mr,, Aiassa: I will report back on -':this, AZUSA AVENUE BRIDGE WIDENING City Manager, Mr, Aiassa: I have.met with representatives of the Division of Highways and I have also met with the County Raod Commissioner,, We are going to be able to include the Azusa Avenue Bridge Widening under the F,A,S,U,E, Project of -the Azusa- .Avenue Extension, We need authorization, -36- Ca C, 11/9/64 AZUS'A AVENUE BRIDGE WIDENING - Continued Page Thirty -Seven • a letter or action from the Council authorizing.the County Supervisors to make formal application for F,A,S,U,E, Funds for Azusa Avenue Bridge, It should be under the following conditions: (1) That the City match funds needed for construction, (2) That the City will have to acquire the necessary right-of-way, (3) That the County will design plans and specifications for the new bridge at their expense, There is $1,000,000 left in the F,A,S,U,E. Fund available, We are going to transfer money from the Azusa Avenue and use regular gas tax money and use the 186,1 funds, Motion by Councilman Jett, seconded by Councilman Krieger, and carried, to authorize the County Board of Supervisors to make a formal application for F,A,S,U,E. Funds for the Azusa Avenue Bridge Widening under the following conditions.* (1) That the City match funds needed for construction;, (2) That the City will have to acquire the necessary right-of-way; and (3) That the County will design plans and specifications for the new bridge at their expense, SKELTON PROPERTY APPRAISAL REPORT City Manager, Mr, Aiassae We have an estimate of $300 plus the cost of obtaining house moving estimate, I would like to have an estimate not to exceed $500 to authorize Harrisp') Baker and Associates to give us a complete appraisal on the Skelton property, Motion by Councilman Jett, seconded by Councilman Krieger, that the City Manager be authorized to get an estimate not to exceed $500.00 to authorize Harrison Baker and Associates to give us a complete appraisal on the Skelton property, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None COMMUNITY YOUTH CENTER City Manager, Mr, Aiassa: I have a report for you. They have certain items that we can spend money for and others we can't because they have already made the commitment of expense. If we were going to let the Community Youth Center spend the money which would save a lot of profit to any of the contractors, we would have to create a corporation, They not only would build all the facility, they would then run the Teen -Kan -Teen as a corporation and then we would actually only use the facility, Mr. Sorenson went into it and he wanted to look a little more, There are three things we can go out to bid for, the remainder of the main wall floors, the wall...or_fence around the building, and the furnishing of the interior facility, You are actually talking about $139000 that we would have to go to formal bids. You can direct the staff to prepare plans and specifications -and we can go to formal bid, -37- • • C, C, 11/9/64 TEEN-KAN-TEEN - Continued Councilman Krieger: whether we want to go This route? City Manager, Mr, Aiassa: Page Thirty -Eight On the 23rd will this be ready for discussion by the Council Yes, Councilman Jett: What would be our position in the event we elected to go this course and these bills for material and labor are remaining outstanding? Would we then be in a position to get a lien filed against us? City Manager, Mr, Aiassa: The contract with the Community Youth Center specifically holds us harmless and the corporation would have to absorb that, Councilman Jett: City Manager, Mr, Aiassa: I would be in favor of going ahead with this, We will bring this up on the 23rd, Councilman Nichols: I personally loath to see us take this course, I have always had hoped that somehow the people could be stimulated to participate in the completion of this project, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the staff be directed to prepare plans and specifications for the floor for the youth facility, (Councilman Nichols voted "No",) Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the staff be directed to prepare plans and specifications for the furnishings and the exterior wall for the youth facility, LEGAL OPINION ON WRITTEN COMMUNICATIONS FOR PUBLIC HEARINGS City Manager, Mr, Aiassa: WATER CONTRACT VALIDATION City Manager, Mr, Aiassa: Acting City Attorney, Mr, Terzian: SISTER CITY LETTER City Manager, Mr, Aiassa: This will come up on the 23rd, The water contract must be validated by December 2, This is the first I have heard of it. I will start on it right away, You have all received a copy of this letter from the Sister City Chairman, C, C, 11/9/64 Page Thirty -Nine 'SI`STER CITY LETTER - Continued Councilman Krieger: The letter as I understand it said they haven't appointed a By -Laws Committee yet so they cantt meet with us to discuss by-laws, Motion by Councilman Nichols, seconded by Councilman Heath, and carried, to accept the letter from the Sister City and place it on filed INTENT TO ANNEX SAMSON DEVELOPERS INCORPORATED City Manager, Mr, Aiassa: You would like to state to them? extention for Azusa, Councilman Heath: City Manager, Mr, Aiassa: Councilman Heath: City Manager, Mr, Aiassa: Councilman Heath: City Manager, Mr, Aiassa: TRASH AND GARBAGE STUDY This will be heard by Le A, F.'C e , Is there anything in particular I assume they will give us the This is understood, If you can do that for us Mr, Heath it would help us very much, Where does the annexation stand? On the 25th of November it goes to L,A,F,C. All right, We will hold this over, City Manager, Mr, Aiassa: I would like to have a. work. session with the Council on this. We came up with some very interesting items, Mayor Snyder: City Manager, Mr, Aiassa: PERSONNEL STATE RETIREMENT COMMITTEE COUNCIL APPOINTEE City Manager, Mr, Aiassa: Mayor Snyder: Can we put it at the end of the study session next Monday? That would be fine,. We will take it up on the 16th, I need somebody on this Committee, I will appoint Councilman Nichols, -39- • C, Co 11/9/64 CITY MANAGER REPORTS - Continued MUTUAL AID PROGRAM COUNTY AGREEMENT Page Forty City Manager, Mr, Aiassa: The League of California Cities talked about this at their last meeting and passed this proposal as it was presented and recom- mended to the Board of Supervisors 'for approval;.... There were some fire chiefs in the audience who objected to some minor technicalities and.the League overruled them and said they would iron them out later, STREET IMPROVEMENT BARRANCA AND CORTEZ City Manager, Mr, Aiassa: EMPLOYEES''AWARD DINNER APPROVAL OF FUNDS This can be held over to the 23rd, We have the report,, Motion by -Councilman Heath., seconded by Councilman Jett, to authorize the expenditure of $650,,00 for the Employees' Award Dinner.,, Motion passed. on roll call as follows, - Ayes: Councilmen Jett, Noes; None Absent: None ANTIQUE FIRE TRUCK PARADES Krieger, Nichols, Heath, Mayor Snyder City Manager, Mr, Aiassa- It appears I can't get anybody to ride that fire truck in parades,, ..Would it be too much if we would pay for their lunches? Councilman Nichols- I don't think these trips are all that often and I think it would be more than appropriate if the Chamber.would offer to'buy the lunches for the people who take the truck,, I think it constitutes a gift of public funds and the attorney should rule on it,, This is a promotional activity, Councilman Jett - City Manager, Mr, Aiassa: This is publicizing the City. I will hold this off to the 23rd and, make a pass at the Chamber, INVITATION TO JOIN THE COMMITTEE OF MAYORS City Manager, Mr, Aiassa- There is a bill for the invitation to join the Committee of Mayors, I have a report from their meeting and they discussed the welfare experience, the courts, liquor licenses, sales tax, It is only_$60,,00 a year, -40- C, Ca 11/9/64 Page Forty -One 'INVI'TATION TO JOIN THE COMMITTEE OF MAYORS Continued Motion by Councilman Heath, seconded by Councilman Krieger, to authorize the expen.d,iture'of $60,00 for annual dues for the Committee of Mayors for Los Angeles County, Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absents None COVINA IRRIGATING COMPANY STOCK SHARE Krieger,, Nichols, Heath, Mayor Snyder City Manager, Mr, Aiassa: The City of West Covina has one share of the Covina Irrigating Company, This was given to the City for the express purpose of getting water for irrigation, (Read report re this matter,) Motion by Councilman Jett, seconded by Councilman Heath,, and carried, that the Mayor and City Clerk be authorized to sign 'the letter regarding the�one share of stock in the, Covina Irrigating Company, TAXI CAB ORDINANCE City Manager, Mr,, Aiassa: You received a copy of this report, (Read report re this matter. It is recommended that there be a follow-up report for,, re -inspection of these cabs after they have��jut in use, I would like this matter.referred to the City Attorney to see if we can put some teeth in the ordinance' Councilman Heath: I think it was authorized about two and a half years ago that there be periodic inspections, City Manager, Mr, Aiassa; Yes but we didn't have the ordinances to do it, CITY CLERK TEMPORARY USE PERMIT ;APPLICATION OF GEORGE ZACCARO FOR CHIRSTMAS TREE LOT AT THE SOUTHWEST CORNER OF •GLENDORA AND MERCED AVENUES Motion b Councilman Heath e' Y , seconded by Councilman Krieger, and carried, that the temporary use permit for George Zaccaro be approved for Christmas tree lot at the southwest corner of Glendora and Merced Avenues, -41- C., C, 11/9/64 'CITY 'CLERK -'Continued •TEMPORARY USE PERMIT APPLICATION OF DON KLECKNER$ DBA BIG TREE RANCH, FOR TWO CHIRSTMAS TREE LOTS - 1) SOUTHWEST CORNER AZUSA AND CAMERON AVENUES; 2) NORTHWEST CORNER SUNSET AND FRAN.CISQUITO Councilman Heath: Page Forty -Two This is the first time this has gone into a residential zone, Councilman Krieger: I would be opposed to that, Motion by Councilman Krieger, seconded by Councilman Nichnls, and carried, that the request of Don Kleckner, dba Big Tree ranch to sell Christmas trees at the location of Azusa and Cameron be denied, Motion by Councilman Heath, seconded by Councilman_ Krieger, and carried, that the temporary use permit for Don Kleckner, dba Big Tree Ranch to sell Christmas trees at the location of Sunset and Francisquito, northwest corner, be approved, TEMPORARY USE PERMIT APPLICATION OF MAY COMPANY FOR SANTA CLAUS TO OCCUPY ENTRANCEWAY AT THE SOUTHEAST CORNER OF MAY COMPANY City Clerk, Mr, Flotten:' We have had difficulty with May Company in the past and that is why we have. come up with a temporary use permit on this, They have been letting Santa Claus .use -'.Part of the entranceway on the lower..part of that and they block off the door so we have to put him to one sideo We will have him sit to one side of the door, Motion by Councilman Jett, seconded by Councilman Heath, and carried, that permission be granted to May Company for Santa Claus to occupy entranceway at the southeast corner of May Company, location to be to the satisfaction of the City staff, CALIFORNIA SCHOOL P,T.A, REQUEST City Clerk, Mr, Flotten: The'California School P,T,A, requests approval to hold a carnival on November 14, 1964 from 2:00.P,M, to 8:4p PM. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that permission be given to the California School PoT,A, to.' -,hold a carnival on November 14, 1964 from 2:00 P.M, to 8:00 P,M, "VENICE" CHANGE OF OWNERSHIP City Clerk, Mr, Flotten: The Council has received copies for an application for change of.ownership for the Venice, m42® C, Ca 11/9/64 Page Forty -Three "'VENhCE" CHANGE OF OWNERSHIP —Continued • Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that no objection be voiced in the change of ownership of the "Venice", CITY'.TREASURER None MAYOR'S REPORTS None COUNCIL COMMITTEE REPORTS CAMERON AVENUE Councilman Heath: I understand Cameron Avenue is posted as a 69000 pound street, It is a secondary highway, There are many cars that run almost that wieght and I think we should refer this to the Traffic Committee to investigate the weight limit on that street, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the matter of the weight limit on Cameron.referred to the staff to be forwarded to the Traffic Committee for report, COUNCIL MEETING PROCEDURE Councilman Heath: I would like to request from you, Mr. Mayor, that during the following meetings if you would try to stop this talking and snide remarks that occur next to me during the entire meeting, I am tired of hearing this little conversation all the time, the snide remarks and characteristic remarks. I would ask you as Mayor of the City and presiding officer to have this stopped, I don't. think it is becoming a person who is supposed to be a professional man, Mayor Snyder: I haven't heard them but I think it is a matter of policy that they should be stopped, I think in your case you both have touchy areas and we should avoid touchy areas on both sides, Councilman Heath: I grant that but for persons to make snide remarks every time I make a comment on the Council I think is unbecoming and unnecessary, Mayor Snyder: As'a matter of policy I agree this should not occur, -43- C, C, 11/9/64 Page Forty -Four COUNCIL COMMITTEE REPORTS Continued HUMAN RELATIONS COMMISSION • Councilman Heath: When the Human Relations Com- mission was organized I understood there was permission for the expenditure of limited funds, I am also led to believe that there are considerable funds being spent and I don't think they are in the budget a.nuwhere, Before these can be spent I think they have to be a budgeted item. We have passed some invoices tonight and I believe that there could be some expendi- tures in there, not to belittle the services of the secretary for this Human Relations Commission, and I don't think they were budgeted and I don't think we are legal in approving them. Mayor Snyder: The only other expense they have had is a few stamps, We should have authorization to pay the Minutes Clerk, These are the kind of'meetings where you do require a secretary, People make charges and you require rather accurate minutes, Councilman Heath: It either should, be budgeted, money set aside, or else it has to be budgeted before it can be approved, taken out of General Funds, I think the Council should be appraised of how much these amounts are .coming to, is Mayor Snyder: As far as I know there is no further cost other than the Minutes Clerk and stamps and stationery. Ray Windsor has spent time with them but not a great deal, to my knowledge, Councilman Jett: City Manager, Mr, Aiassa: Is that time charged to the Commission? It is spread out, Councilman Heath: I don't think there is any amount in the budget at all and I think the Council should be advised of how much this is running into, Mayor Snyder: City Manager, Mr, Aiassa: Councilman Heath: Could we have a statement on that? Yes, In the Human Relations authorization, it calls for limited amount, 9 Mayor Snyder: We have a proposed amendment to Resolution No, 2962 which I believe you all have copies of. This is the resolution establishing the Human Relations Commission and the amendment is to the effect that the Mayor shall be an ex officio member of the Human Relations Commission and may take part in all activities but shall have no voting privileges. -44- C, C, 11/9/64 HUMAN RELATIONS COMMISSION - Continued Page Forty -Five . Councilman Heath: I have looked this over but I don't think this is appropriate for this reason: We don't do this for any other commission and I know this is dear to your heart and something you would like to be connected with, However, as Mayor if you sit in as an ex officio officer you carry more weight either knowingly or unknowingly than you would imagine, I don't think this is the place for a member of the Council, We may have appointees to that Commission to represent the Council and I think that the Council members should stay away from it and leave it alone, We don't do this with other commissions and I would be adverse to do it for this one, Mayor Snyder: I have stated the reasons below, It is not, as you say, dear to my heart, I don't think it matters much one way or the other except it would give better liaisonarnd a little more, as you say, weight to the Commission,' I admit this would occur, I think in spite of some of your feelings toward the Commission that the meeting the other night was productive in clearing up a lot of misconceptions and may have been productive in ways beneficial to everybody although you really can't do anything when people say some of these things in public they don't bring out the paranoid thoughts they are thinking; they tend to bring out the facts, Councilman Heath: I am not questioning the fact that the Commission is doing its job and it is, no doubt, alleviating a lot of problems in the City, My question being I didn't think a member of the Council, especially the Mayor, should be an officer or an appointed member of the Commission, Mayor Snyder: There is one other one -- the Parks and Recreation has a staff man to furnish them with the facts where the Commission does not have the time to go around and assemble facts, The Planning Commission has a paid staff. In lieu of a paid staff I felt that the Mayor could, through his office, furnish these facts, The other night we did furnish maps which were more accurate than could be furnished by proponents or opponents or whatever they are in those cases and this was one of the functions,I had in mind, Councilman Heath: I think your' -intent is good, Mayor Snyder: If we don't do this we have to have a way they can at times use the City staff to obtain facts that they cannot necessarily know are true coming from the antagonists, Councilman Heath: This I wouldn't object to, I think your intent is good, However, I think it is not very fitting, The very fact you sit there and you are the Mayor of the City is, regardless of what you say, speaking for the Council, I would be very much opposed to your .being a member, -45— Ca Co 11/9/64 Page '-Forty—Six HUMAN RELATIONS COMMISSION - Continued . Councilman Krieger: I would think there are two points here, the necessity for providing services to the Commission which I would agree with you and I believe Councilman. Heath does, too, and the second is who does provide the services and when it comes from the -office of the Mayor it can't be divorced from your official position in the City, k ' • Mayor Snyder: How do we provide staff help when they need it? Councilman Jett: This is a question in my.mind, I think. I ;could have to concur in the statements of Mr, Heath. We don't have this on any of the other commissions where we participate in any way, Mayor Snyder: I am not fighting for that, Councilman Jett: I was present the other night and I ncticed just your presence seemed to have an aurora over the audience and every time the Chairman mentioned something about the iHlayor the prestige of your office along would have some effect, I don't think this was the intent when the Commission was formed at all for the City to take an active part in it. I understood this was to be a Commission purely for the purpose of investigating any problems and these problems were to be generated by some one in the community who filed a complaint, Mayor Snyder: Do you have any objection to me, within reason, using Mr, Windsor to obtain the facts, like those maps that he brought-? Councilman Nichols: The questions I would have on . any objection to you, Mayor, using -- this when yousay would we have Mayor Snyder: There are no staff men authorized to attend these meetings, Councilman Nichols: If 'they need clerical help or administrative help in that sense I think it should be provided but I would kind of go along with Councilman Heath, I don't see where we have a direct roll oursleves unless we feel we should do it like we do the Parks and Recreation Commission, put that additional Commission on our schedule of Council appointments just as observers where we go on a regular basis like we do with the Planning Commission and the Parks and Recreation Commission, but to treat it separately from the other commissions I would question that. If they need help they know where to ask for it and we have already .indicated the City'Manager's office should provide such help as they directly request, Councilman Heath: I feel that way, too, I don't mean this in the manner in which it is going to sound -- I think you have to be very conscientous in getting this program started and so forth but I can't help but think, and this is not a destructive criticism, but I think you are playing too much apart in that program because when you do, as Mr. Jett started to point out, because we do play this part regardless you can't divorce yourself from the fact that you are Mayor and it is then interpreted that you are speaking for the Council and when you do we get comments coming back, -46- • C, C, 1119/64 Page Forty®Seven 'HUMAN RELATIONS COMMISSION - Continued Mayor Snyder: You can't stop any Councilman From gaming to the meeting, Councilman Heathy You can stop them from officiating, though, Mayor Snyder: I haven't officiated, We need administrative help, We don't need a full-time man for this, All I am asking is that in some way you furnish them that administrative help, Councilman Heath: I think the Chairman should be able to go to Mr, Aiassa's office and Mr, Aiassa should be able to give him help, I don't think it should come from the Mayor at all, Councilman.Kre,ger: Certainly staff should be able to give us some kind of a recommendation where e,dministrative help is available and leave it -simply in that manner, Councilman Heath: Can we leave it that they go directly to the City Manager? Councilman Nichols: That is the normal routine, City Manager, Mr, Aiassa: In Item 6 of the resolution it deals with supplies, Mayor Snyder: Could you bring us back a report by the next meeting regarding the possibility of the amount of funds they might need and whether you can furnish them with administrative help up to limits? Councilman Nichols: City Manager, Mr, Aiassa: CITY POLICE CAR I would favor that, I will get that information, Councilman Nichols.: Mr, Aiassa, we have a police car around the streets I noticed today and it is an all white police car, City Manager, Mr, Aiassa: ICE SKATING RINK The only reason we are putting this out is it is for temporary use for 30 oi- 60� days. Councilman Nichols: I received -a little ad sheet from this ice skating place and it was a commercial ad entirely.and on it it said, "Sanctioned by the West Covina Parks and Recreation Department," It strikes me -47, P C, Ce ll/9/64 Page Forty -Eight ICE SKATING RINK - Continued as being a little bit unusual for an absolute commercial operation . whether giving discounts or not, I think it may mean more to people than it really does imply and also this may be an area that is spreading out that we•:ought to have staff look at, how much of this is going on, is it getting out of hand, Mayor -Snyder: They have the same things in bowling where. they have leagues under the Parks and Recreation, If we are affiliated with it it seems we should have one.of our own leaders there, Councilman Nichols - City Manager, Mr, Aiassa: Councilman Nichols: This is the point, We will have our own sheet put I ut by the Parks and Recreation Department, I think that would be appropriate, WATER. MEETING Councilman Krieger- I have a:meeting with Mr, Jensen tomorrow morning relating to our meeting right after the dinner meeting with the Upper San Gabriel el District, at which time Council evidenced some interest in my meeting with Mr, Jensen determining this position which we will to tomorrow morning. Mayor.Snyder-' That will be fine, DEMANDS Motion,by Councilman Krieger, seconded by Councilman Nichols, to approve, demands,t,otalling $134950,8055 as listed on demand sheets C419 thr.ough..C.4,22, Thi's'total inoludes fund transfers of $105,410.94 and bank transfers of $404,09., Motion 'passed on roll call as follows: .,Ayes..; Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent- None There being no.f;urther business, Motion by Councilman.Krieger, seconded by Councilman Jett, and carried, that this meeting adjourn at 2-15 A,M, ATTEST: CITY CLERK APPROVED MAYOR 1M.a