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11-23-1964 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE, CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA NOVEMBER 23, 1,964 The regular meeting of the City Council. was called to order by Mayor Pro Tem Nichols at 7.35 P.M. in the West Covina City Hall, Councilman Krieger led the Pledge of Allegiance. The invocation was given by Mr. Robert Flotten, City Clerk. (Mayor Snyder and Mr. Joseph entered the chambers at 7:37 PoM.) WILL rAT-T Present, Mayor Snyder, Councilmen Jett, Krieger, Nichols, Heath Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk & Admin. Assistant Mr. John Q. Adams, Public Services Director Mr. Dwight Newell, Acting City Attorney (from 7.40 PaM.) Mr. Harold Joseph, Planning Director Absent., Mr. Harry Co Williams, City Attorney APPROVAL OF MINUTES October 26, 1964 - Approved as submitted as follows-, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes of October 26, 1964 be approved as submitted. CITY CLERK'S REPORTS PROJECT C-95-1 LOCATION,., West side of Sunset in Accept Street Improvements Service Road north of APPROVED Delvale Street. Accept street improvements - no bond to release - staff recommends acceptance. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept the street improvements in Project C-95-1. PROJECT Co 0. 6516 LOCATION- Cameron Park Site, Approve plans and specifications APPROVED Approve plans and specifications for additional work at Community Youth Center. The block wall was authorized by Council on November • 9, 1964. Authorize City Engineer to call, for formal bids. Staff recommends authorization, Motion by Councilman Krieger, seconded by Councilman Heath, and carried that the plans and specifications be approved on Project C.O. 6516 and that the City Engineer be authorized to call for formal bids. C, C, 11/23/64 CITY CLERK'S REPORTS Continued Page Two isPROJECT C,0,6516 LOCATION- Cameron Park site, APPROVE PLANS AND SPECIFICATIONS .APPROVED Approve plans and specifications for additional work at Community Youth Center, The flooring was authorized by Council on November 9, 1964, Authorize City Engineer to call for formal bids, Staff recommends authorization, Councilman Krieger- In your report from Mr. Fowler dated November 23, 19639 I don't notice a recommendation from the staff, Is it the recommendation that the plans and specifications be authorized and to authorize the City Engineer to call for bids? Public Services Directors Mr, Adams- Yes, Our estimated cost on this is $6,500,00, (Mr, Newell entered the chambers at 7-40 P,M,) Motion by Councilman Krieger, seconded by Councilman Heaths and carried, that the plans and specifications be approved on Project C,O,6516 and that the City Engineer be authorized to call for formal bids, PROJECT C,O,6516 LOCATION- Cameron Park site, APPROVE PLANS AND SPECIFICATIONS APPROVED Approve plans and specifications for additional work at Community Youth Center, The furnishings were authorized by Council on November 9, 1964, Authorize City Engineer to call for informal bids, Staff recommends authorization, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, to approve the plans and specifications of Project C,0,6516 and that the City Engineer be authorized to call for informal bids as per the recommendation contained in the report of November 209 1964, GRAVES 6 JACOBSOHN LETTER REGARDING LOCATION- Workman from Orange CONSTRUCTION OF SIDEWALKS to Nora, City Manager, Mr, Aiassa- We had a letter from the property owner making comments about it. The staff wants to proceed to do the work as originally designed and plan the improvements, Councilman Heath- What is the purpose of putting this matter on the agenda? City Manager, Mr, Aiassa- To acknowledge Mr, Winters' letter, Motion by Councilman Krieger, seconded by Councilman Heath, and carrieds that the letter regarding construction of sidewalks be received and placed on file, -2- T S Co C. 11/23/64 Page Three PLANNING COMMISSION STREET VACATION PROCEDURE Report from Planning Commission. City Clerk, Mr. Flotteno You have a memo dated November 19, 1964 . directed to the City Council and the City Manager. (Read said memorandum) Councilman Heath: I think the recommendation is we don't accept this dedication unless the final map is filed. Mr. City Attorney, can we put such a provision on the accep- tance of this dedication? Mr. Newell; You can put that provision in, yes._ Councilman Krieger: Is this to schedule it for a hearing? City Manager, Mr. Aiassa: Yes. Motion by Councilman Krieger, seconded by Councilman Beath, and carried, that the City Council proceed with the hearing on procedures necessary in connec- tion with. vacating Valley View Boulevard. RESOLUTION NO, 304.9 The City Clerk- presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTEN'TI:ON TO "VACATE VALLEY VIEW AVENUE" Mayor Snyder, Hearing no objections, we will waive fur- ther .reading of the body of the resolu- tion, Motion by Councilman Krieger, seconded by Councilman Beath 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. 3049. OVERNIGHT PARKING Report from Planning Commission. Mr. Flotteno We have a report from the Planning Com- mission dated November 20, 1.964 regarding this matter. (Read said memorandum,) Councilman Heath: I think this could be a very explosive proposition, Very unfortunately in some sections of the City we have had parking requirements which were below our present standard and as a result we have some developments in the City where there is tight or inadequate parking and to force something like this you are going to force an undue hardship to the people. I think it is a little drastic. Mayor Snyder, I would like to have this referred to study sessiono Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that the matter of overnight vehicle parking and the .report from the Planning Commission regarding this matter be tabled subject to being reset at the discretion of the Mayor at a study session of the Council. REVIEW PLANNING COMMISSION ACTION Reviewed, No items called up OF NOVEMBER .18, 1964 by Mr. Flotteno -3- • 1 C, C, 11/23/64 SCHEDULED MATTERS HEARINGS Page Four DISTRICT A'11-61-2 Hearing of protests or objections SANITARY SEWERS to the change of work in CHANGE OF WORK HEARING Assessment District No, A°11-61-2, Barranca Avenue$ Virginia Avenue and other streets and rights. of way$ as described in said plan and specifications; set for hearing this date by Resolution of Intention to Change Work No. 30369 adopted by the City Council on November 9, 1964, Mayor Snyder° "Mr, City Clerk$ do you have the affidavit of publication? City Clerk$ Mr, Flotten° I have, Motion by Councilman Krieger$ seconded by Councilman Heath, and carried, that the affidavit of publication be received and placed on file. Mayor Snyder; City Clerk, Mr, Flotten: Mayor Snyder: Mr,, City Clerk, have you received any written protests or objections? No protests$ written or oral, Mr., Mayor, This is the time and place for the hearing of protests on District A'11-61-2, There being no public testimony, the hearing was closed, RESOLUTION NO, 3042 ADOPTED Mayor Snyder; The City Clerk presented. - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING CERTAIN MODIFICATIONS OF THE WORK TO BE DONE IN ASSESSMENT DISTRICT A111-61-2$ BARRANCA AVENUE$ VIRGINIA AVENUE AND OTHER STREETS AND RIGHTS OF WAY" 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, 3042, -4- • I • Cd C, 11/23/64 Page Five HEARINGS - Continued PRECISE PLAN NO, 435 LOCATION: 247 Barranca between William B. Lane Walnut Creek Wash and HELD OVER Mesa Drive, Request for approval of precise plan for apartments approved by Planning Commission Resolution No, 1698, Appealed by Elbridge A. Tucker on October 23, 1964, Hearing closed on November 9, 1964, and matter held over for staff report regarding precise plan, Mayor Snyder: We have a request from the applicant that this be held over to the next regular meeting. Also, the staff report is not yet completed, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Precise Plan of Design No, 435 be held over to the next regular meeting of the City Council at the request of the applicant, (Councilman Krieger abstained,) ZONE CHANGE NO, 323 LOCATION: 2804 East Garvey Richard Scott between Citrus and APPROVED Barranca, and VARIANCE NO, 538 Request to reclassify from R-A Richard Scott to C-1 approved by Planning APPROVED Commission Resolution No, 1701, Request to permit dancing in C-1 approved by Planning Commission Resolution No, 1706, and matter called up by Council on November 9, 1964, City Clerk, Mr, Flotten: (Read Planning Commission Resolutions 1701 and 1706,) Mayor Snyder: This is the time and place for the public hearing, There being no public testimony, the hearing.was closed, Councilman Jett: Regarding the permit for dancing dial I understand the dancing is to be inside the motel? Planning Director, Mr, Joseph: In the cocktail lounge The the cocktail lounge, Councilman Jett: , request came in for dancing in That should be indicated, Planning Director, Mr, Joseph: The application for dancing is in the cocktail bar? In the restaurant, yes, Councilman Jett: Is our ordinance sufficient to give us the we . We have had a problem with dancing in another restauranttion and thewant? question came up about whether or not we could do something about the dancing if they continued the type of show they had, According to the report we received from our City Attorney there was nothing we could do, Before I would be a part of approving anybody else's -5- C, C, 11/23/64 Page Six ZONE CHANGE NO, 323 6 VARIANCE NOo 538 Continued dancing permit I want to know if there is some kind of protection we can have or add to our -ordinance that will give us control over these types of shows, Mayor Snyder: I believe there is a recommenda- tion from the City Attorney's office to change the ordinance, Councilman Jett: I would like to see that before we pass any more dance permits, Mayor Snyder: Will these changes be retroactive? City Manager, Mr, Aiassa: In Item 3 of the variance the variance is subject to a favorable report from the Police Department and they could specify that this permit be covered.by any amendment or changes to the dance permit ordinance, Councilman Heath: If we grant this application now and then change the ordinance concerning cabaret dancing at a later date the changes in the ordinance apply to this permit granted now? Councilman Krieger: The memo was motivated by a type of activity which could not accurately be described as dancing, The question remains whether or not we wish to go ahead with the variance for this particular location for dancing, It would be a separate question in my mind whether or not we might want to further elaborate on our cabaret ordinance so it may pertain to all establishments within our City, Councilman Jett: I would agree with that, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Zone Change No, 323 be approved to reclassify the subject property from Zone R-A to Zone C-1, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Variance No, 538 be approved subject to the conditions imposed in Planning Commission Resolution No, 1706, ZONE CHANGE NO, 326 LOCATION: South of Duff between Mr, 8 Mrs, Artie Jett Glendora and Duff, APPROVED Request to reclassify from R-A to R-1 approved by Planning Commission Resolution No, 1702, • City Clerk, Mr, Flotten: The notice of this public' hearing appeared in the West Covina Tribune on November 12, 1964 and 19 notices were mailed to property owners in the areas (Read Planning Commission Resolution 1702,) Mayor Snyder: This is the time and place for the public hearing, There being no public testimony, the hearinF was closed, -6- E C: C, C, 11/23/64 ZONE CHANGE NO, 326 - Continued Page Seven Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that Zone Change No, 326 be approved, (Councilman Jett abstained,,) Councilman Jett: Is it customary to require that all buildings, trees, fences, et cetera, show on a metes and bounds subdivision? Planning Director, Mr, Joseph: Yes,, This is a requirement of the tentative tract, Councilman Jett: I think this is going a little overboard, The R-P zoning was approved subject to the property owners filing a request for a zone change to R-1, There was nothing stated about subdivision or anything. When the engineers filed the application for the zone change they were told they had to come in with a metes and bounds subdivision map,, I objected to this, I think the Planning Department was out of line when they instructed this engineer to bring in these metes and bounds subdivision maps, I was never told about it and was not aware of it until I received a bill for $125.00 for drawing the map, Planning Director, Mr, Joseph: You indicated to me you wanted to move your house onto a piece of property, We talked about the lot split map because we indicated certain lot sizes thought to be able to get on the property were not suitable to the area district, I thought that you were aware to divide a piece of property you had to file a metes and bounds subdivision, Councilman Jett: I told them I didn't want to I couldn't the way circumstances were,, ve the We can takeeon thislmatteruse up later, Councilman Nichols: Unless I am out of order, though I concur you have a right to discuss the matter, it would seem to me as this is a property you are interested in that you should discuss your complaint from the position of the floor, not from the Council table, Councilman Jett: I happened to be involved here the future and a possible change this in ouruordinancestoncorrectnce thiso procedure but it may have been a misunderstanding,, VARIANCE NO, 526 Mr, & Mrs, Frank Smith LOCATION: West side of Azusa, HELD OVER north of Rowland between and Rowland and Puente,, UNCLASSIFIED USE PERMIT NO, 97 Mr, 5 Mrs, Frank Smith Request to allow a car wash and HELD OVER non -conforming I,D, sign/or signs in C-1 denied by Planning Com- by applicant on October 299 1964, mission Resolution 1693 - appealed Request for permission to build a service station on the site of a car wash, yet to be approved by the City, denied by Planning Commission applicant on October 29, 1964, Resolution 1697 m appealed by -7- . C, C, 11/23/64 Page Eight VARIANCE NO, 526 & UNCLASSIFIED USE PERMIT NO, 97 ® Continued City Clerk, Mr, Flotten: (Read Planning Commission Resolutions 1693 and 1697,) Mayor Snyder: I would like to file this letter that I received with the City Clerk, Councilman Krieger: Regarding a written argument that was received by a Councilman in support of the appeal, what do we do with it? Acting'City Attorney, Mr, Newell: You are supposed to hear all matters at the time of hearing, I would be of the opinion you should simply file it because this is not a procedure set up by the City Council, to my knowledge, On advertising a hearing people have, sent written communications, Mr. Sorenson is of the opinion that communications have to be received and filed and noted at the hearing but the contents not read out, There are occasions that will allow it but it is hearsay evidence, Those communications which are a result from the notice, the courts have held have to be filed and noted or else the hearing is not complete, The written argument you speak of has not been solicited by notice and I think arguments should be heard at this time in person, Councilman Krieger; I assume that if a Councilman at any time in the future receives a written argument prior to -the hearing that he should not read it, Acting City Attorney, Mr, Newell: There is nothing to prevent the Councilman from reading it but when making a decision it has to be on the evidence but not the hearsay evidence, If the Councilman wished he could have it read if the person making the argument is here, Mayor Snyder: If there are arguments in here that he doesn't give orally then the opposition has no chance to rebut them, Acting City Attorney, Mr, Newell: If the Councilman decided to place any emphasis on the arguments it seems only fair that he should read it out himself at the hearing and give the opposition time to rebut it, Mayor Snyder: It should be noted that part of the Council received proposed written arguments, This is the time and place for the hearing, IN FAVOR • Mr, Francis J, Garvey In an effort to save the Council 281 East Workman Avenue time I have prepared written Covina arguments which my secretary attempted to deliver to every member of the Council, Two members were not available so they did not receive their copies, -8- C, C, 11/23/64 Page Nine VARIANCE NO, 526 6 UNCLASSIFIED USE PERMIT NO, 97 Continued m�o®+aw�eao m • Councilman Krieger: I think that the proper procedure would be for the proponents to read the memorandum that was presented to some of the Council so the opponents can also have the benefit of the information therein, It seems to me in the long run the only benefit that may be gained is that the Council individually has the written material prior to the evening to digest the contents more readily and I anticipate that was the real objective of the proponent in this matter, Mr, Francis J, Garvey: This is, in part, my intention, The other part is the exercise of petition is granted by both the Constitution of the United States and the Constitution of California to a legislative body, I would like to direct your attention to this model in front of you which is a schematic layout of all of the variances and unclassified use permits of which we are talking. It is a three-dimensional view of the precise plan which has been approved, (Read report entitled: "ARGUMENT TO THE CITY OF WEST COVINA IN SUPPORT OF THE APPEAL OF B, FRANK SMITH FOR THE APPROVAL OF VARIANCE NO, 526 AND UNCLASSIFIED USE PERMIT NO, 9711,) applicable to this property which There are circumstances are not generally applicable to other property in the same vicinity and zone, This property is bounded to the north and to the south by uses which are C-3 in nature, This property is bracketed by C-3 type uses which are denied to the particular property in question, By specific comparison, the other three car washes in the City of West Covina presently have and are permitted to have gasoline pumps. Two of these are located in the Glendora, Service Road, Vincent triangle, in an area zoned C-3, and, of course, can operate such auxiliary facilities without the necessity of special permission from the City, The third facility is located. at the Eastland Center, The proposed filling station use will be located away from the street and be screened from Azusa Avenue by the building that will house the actual car washing facilities, If you have any questions, we will be happy to answer them if we cano Mr, Clay Beattie I am the neighbor to the south, 1750 East Rowland Avenue I will let my testimony stand West Covina with Mr, Garvey's, I am in favor of this because I under- stand this operation closes down at six o'clock, Mr, Charles Varney: I own the property to the south at the corner of Azusa and Rowland, Varney's Center, I am in favor of Mr, Smith's application, As far as it'affects my property, I feel it will be a valuable contribution to the area, As far as I am concerned, it will affect the area favorably, ME Co Co 11/23/64 Page Ten VARIANCE NO,,526 6 UNCLASSIFIED USE PERMIT NO, 97 ® Continued is IN' OPPOSITION Mr, Todd Keck Our objection is that this is a 1808 Pioneer Drive residential area. We realize the West Covina position of the people on the other side of the street -- the property is commercial, However, we are hoping we will get the type of business in there that will be more compatable to a residential areao We feel there will be noise there; they do have the blowers going and the one signal used in the car wash is to blow the horn after every car is finished which will be audible down the street, There are three schools in the area and the children are using the street and I feel anything adding to the traffic is detrimental, Mr, A, J, Massina I believe you are going to have 1831 East Pioneer Drive congestion here, There is a car West Covina wash that is a mile away from :days you will have foot traffic on Rowland,prIjdon't believestheoi school traffic at the car wash at Eastland is coming into contact with the entrance to that car wash, Mr, Walter La Ross I am directly across the street 1809 Pioneer.Drive from the proposed entrance to West Covina this, We are not directly on the corner but we are directly effected, In my opinion the car wash would be undesirable and make it undesirable for us to live in a community that would produce this type of noise, It was stated that the blower noise would be unheard at 100 feet but I wonder if they considered the,noise of the steam it takes to clean these automobiles and I would like to have them go to the existing one at San Bernardino Road and Azusa and stand on the opposite side of the street and listen to this sound, This is from the steam, not the blowers, I feel this would add to the detriment of the area in which we reside, Mr, Milburn Hartly We live four, doors from the corner 1819 East Pioneer Drive of the proposed car wash and West Covina they say the noise won't bother us, The. golf course in there we can hear the kids hollering over there, We already get enough noise from Azusa and I am against this car wash because it is a hazard to the school children and also .to the traffic, Mr, Alan Smith 1803 Pioneer Drive West Covina REBUTTAL I am right across from this, I will of these people to house for a month noise, the street invite any live in my and take the Mr, Francis J, Garvey; Noise seems to be the most important, We have heard opinions from the opponents in the neighborhood about noise, l have submitted testimony based upon.decibel accounts with respect to it, The Eastland Car Wash is -across the street from Barranca School and the children do pass this car wash, With relation to the traffic situation at the present time there are not sidewalks along here but if people are going to go past, there are three schools in the -10.- • Ca co 11/23/64 Page Eleven VARIANCE NO, 526 6 UNCLASSIFIED USE PERMIT NO, 97 - Continued area and if we develop this we will provide off -site improvements including sidewalks and street lights, There is one crossing here that would exit onto Azusa. The entire length of 400 feet would be sidewalked to connect with what we hope will be a sidewalk in front of the gas station, It would be most unusual for the children north of Ralph's to come all the way east to come up to Rowland to get back to the school, I cannot see how this one improvement is going to create all that safety factor to children, Somebody said anything adding to traffic is detrimental but they did not prove that this would add to traffic, Regarding the safety factor, I think it has been taken care of in the precise plan, The traffic already is there, gentlemen. There are only two houses that side onto Azusa at this point. There are other houses beyond but each time you go one house further you get a certain buffering from noise, The noise they are complaining about at:the present time is the traffic on Azusa Avenue and it will continue to be there. The additional noise from this will be little, With reference to the other car wash up at San Bernardino Road, that is about seven or eight years old and it is a different type and it faces out to the road where the noise might pour out more than it will from this installation which will have sound baffles and barriers along there, I would like to deny specifically each argument on the basis that it has been presented this would be their opinion. I think I have given you facts, I think we have sucessfully indicated that this would not be of any harm, I think the sign now conforms, The proposed developers tell me the non- conforming sign is unnecessary and any sign to be put up there would be conforming. There being no further public testimony, the hearing was closed. Mayor Snyder: Because the precise plan was approved it should not be construed that the traffic problem is necessarily not there, We have done this to help you, We have asked the Planning Commission to impose these conditions even though they turned down .the variance, Councilman Krieger: I would like to reaffirm this because it is critical to the relationship between the Council and the Planning Commission. We have specifically made it a point where a matter comes up before the Council and there is a precise plan that.if the Commission is denying the variance or.the zone change that we have the benefit of their opinion of the precise plan...and that is why the introductory language appears in the approva-1 of the precise plan that it is not presently zoned to permit this construction; they have recommended against the applications but in the event the Council were to reverse the Planning Commission these are the conditions to be imposed upon the precise plan, This prevents you from waiting for it to go back for conditions, I am troubled by the use of the word "vicinity", It seems to be of the conjunctive in our variance showings, It refers to "vicinity and zone", I find some conflict in your interpretation of the word"vicinity", Would you clarify that? 11- C, C, 11/23/64 Page Twelve VARIANCE NO, 526 & UNCLASSIFIED USE PERMIT NO, 97 '- Continued Mr, Francis J, Garvey: As I understand it it may be one of two things: It may be the immediate block in which something is located; or if you have distributed uses, it may be the entire community where it would not be normal to expect that this use would be found in every block, The "same vicinity" is more or less elastic, It does not have the precise term, for example, of being merely this block of red here (indicating), It could be in terms of a small community, the entire city limits of a town, and it has been so interpreted in some cases which have gone up to the California Supreme Court, To tie it down to a vicinity if you mean a particular block automatically negates the possibility of any variance because obviously you would not have the conditions which exist in any block to justify a variance, Councilman Krieger: It seems to me that in your arguments in support of this you take a very liberal interpretation of the word "vicinity" in terms of not being generally applicable, denying a substantial right and yet when you come to detriment, the possible question as to being detrimental to public welfare, you take a very narrow definition of "vicinity" only talking about the houses directly across the street, Why do you differentiate in your definitions? Mr, Francis J. Garvey: In terms of vicinity for car washes you may be talking about the comparable locations within an area and the affect they will have upon total community in providing what is a relatively limited service facility, You don't find it frequently occurring to service stations, When you are talking about a detriment generally, you are talking in the concept within the 300 or 500-foot zone with respect to the particular detriment, will this adversely effect the property adjoining, the property across the street, You switch to your broader concept when you switch to it being contrary to the General Plan spirit and attempt and in this you attempt to find out whether or not it would be detrimental to the entire community, whether it would be beneficial, or whether it might be merely inert and have no effects one way or another,' Councilman Krieger: You also switched when you talked about enjoyment of a substantial property right, Mr, Francis J. Garvey: Competitors are generally in the same vicinity. I think "vicinity" is a flexible word and "detriment" is a more precise and more pertinent word, Councilman Krieger: You have stressed the fact that in talking about competition you also refer to the general scope of "vicinity" and its broader terminology, Mr. Francis J. Garvey: I think it would be fair to speak in terms of this vicinity under certain conditions as comparing everything from Valley Boulevard to Foothill Boulevard because I envision it as one total community for many many purposes. .I find, however, that city councils in the municipal subdivisions located in what I consider to be one community take a more parochial view of the application of their ordinances in comparing various effects. This is why I think the term "vicinity" is flexible. I think in terms of competition you have to look at the nature of the competition, -12- C, Ca 11/23/64 Page Thirteen VARIANCE NO, 526 6 UNCLASSIFIED USE,PERMI`T NO. 97 - Continued Councilman Krieger: Deferring to your wisdom in this 0 particular aspect, why should we exclude the car wash that is presently in existence at San Bernardino Road and Azusa Avenue in our considerations? Mr, Francis J, Garvey: I don't think you necessarily should exclude that in terms of it, I don't think it is particularly relative inasmuch as we are not talking about a limited facility, I don't think you have any testimony before you on how many we need, Councilman Krieger: You have highlighted in your presentation the existence of the three car washes that we presently have within our City, With respect to the non -conforming sign, am I to assume from this that the matter is not before the Council tonight? Mr, Francis J, Garvey: The sign would be made to conform if the use were granted, Councilman Nichols: Mr, Garvey, in giving your testimony before the Council this evening you have gone to great length to demonstrate precedent for this Council, However, precedent is not necessarily cause for variance or zoning, Your thesis as you cited some of the many eyesores around the City of West Covina make me thankful I wasn't on the Council when those uses were granted, but to have sinned before is no essential promise of the merit of sinning again, The citing of precedent alone, I don't think, carries a great deal of weight, I also followed you very carefully down the area as you sought out the aspects of justifying the granting of a variance and I would point to Item B where you state this variance is necessary for the enjoyment of a substantial property right possessed by other property in the same vicinity and zone, Of all of the examples you cited there was no case and no example of a use identical to this having been granted in identically the same manner. The closest to it was a wash use with a step-up from a C-2 to a C-3 usage but never from a C-1 usage and so in my judgement all of this testimony does not grant the Condition B this variance being necessary to an equal use and enjoyment of property and the right possessed by others in the same zone, Mayor Snyder: Public Services Director, Mr, Mayor Snyder: • Public Services Dir ector, Mr, Mayor Snyder: Planning Director, Mr, Joseph: Azusa is a truck route, is that not true? Adams: This section north of the freeway is a truck route, The sidewalk is in to the north and south of this property on the west side of Azusa Avenue? Adams: It is in at Urich's and it would be in at Ralph's and Zody's. I don't know about the golf course. How far is it from the rear of this property to the school? Approximately 175 feet; it is C-1, -13� C, CQ 11/23/64 Page Fourteen VARIANCE No, 526 6 UNCLASSIFIED USE PERMIT NO, 97 - Continued Mayor Snyder: If you were to grant a service 0 station in conjunction with the car wash, once the service station variance is granted can you limit it to just pumps? Acting City Attorney, Mr, Newell: Mayor Snyder: Planning Director, Mr, Joseph: Mayor Snyder: You can condition it as you wish, Could you exclude any gas advertising on the sign? On the conforming sign? Yes, Planning Director, Mr, Joseph: I don't believe you can, The signs can advertise the uses conducted on the property and if.the service station was a use conducted on the property you could advertise it so long as the overall size of the sign did not exceed that permitted by code, Mayor Snyder: Gould you be agreeable to exclude any gas advertising on your sign? Mrd Francis J, Garvey: The identification sign might be helpful but it is not necessary since this is essentially a convenience to those getting their cars washed, Councilman Nichols: It seems to me this entire presentation has to be based on the fact whether this applicant has met all of the conditions for a variance and I would like to call to the attention of the Council the fact that the Planning Commission by unanimous action on both items under consideration here denied this use and stated that the conditions for a variance had not been met and I believe under Item B as stated in the applicant's own application that all conditions for a variance have not been met in this case and I would not favor it, Councilman Heath: I look at this differently than Councilman Nichols, I feel that,.there is somewhat of a qualification here for a variance in the fact that the adjoining property to the south and north are heavy commercial uses, To the back of this property you have a buffer of C-1 going from a C-3 use.to the school property, The problem that comes before us is directly across the street, the residents across the street from this parcel, They have complained about the noise and the traffic, I think the traffic problem has been answered but I do question the problem of noise, I am not in the position to say whether this establishment would create enough noise to disturb those people or not. I would like to have the chance of reviewing • some of these car washes just to see how noisy they are, some of the late model ones, I would like to hold this over, Mayor Snyder:: I would like to suggest that the noise connected with car washes from what I have observed is a rather low pitched noise which doesn't travel far, -14- C, C, 11/23/64 Page Fifteen VARIANCE NO, 526 6 UNCLASSIFIED USE PERMIT NO, 97 - Continued Councilman Krieger: 'With respect to this, it has • also been my understanding when we are talking about variances the Council is sitting in a quasi judicial capacity and wouldn't this be taking evidence outside of the open hearing if such an inspection were to be made by Councilmen individually or collectively? Acting City Attorney® Mr, Newell: I think it is possible to observe with your own eyes if you so desire, It is up to you to determine the facts available, Councilman Jett: I think it might not be a bad idea and I think we have to take into consideration the uses that are developing and have been developing along Azusa Avenue, Certainly some of the uses along Azusa Avenue are heavy uses, C-3 uses, I don't think there is anybody who would deny that the amount of traffic on Azusa Avenue is heavy and getting heavier all the time, Certainly this is an area where this type of use should be established, This noise is something I am not familiar with and I think Councilman Heath has a good idea, I don't object to going out in the field and looking at a project if I need this information to help me to make a decision, I see nothing wrong with it, Councilman Krieger: May I ask the applicant, Mr, Mayor, whether he has any opposition to holding this matter over? Mr, Francis J, Garvey: As far as all parties interested on the applicant's side they are perfectly willing to have it held over to consider this noise level, Motion by Councilman Krieger, seconded.by Councilman Jett, and carried, that Variance No, 526 and Unclassified Use Permit No, 97 be held over to the meeting of Decmeber 14, 19640 with the hearing closed, and with the permission of the applicant, (Councilman Nichols voted "No",) Councilman Nichols: My "No" vote is based on the fact that we should not hold it over, I believe it should be denied tonight, VARIANCE NO, 534 LOCATION: 2917 East Garvey Wallichs Music City between Citrus and APPROVED Barranca Streets, Request to allow a non -conforming identification sign on the west and south walls of the building in Zone C-2, approved by Planning Commission Resolution No, 1709, Appealed by applicant as to certain conditions on November 6, 1964, City Clerk, Mr, Flotten: Mayor Snyder: (Read Planning Commission Resolution No, 1709,) This is the time and place for the public hearing, -15- C, C, 11/23/64 Page Sixteen VARIANCE NO, 534 ® Continued IN FAVOR Mr, Eugene Briesemeister I am representing Wallichs Music 3225 Lacey Street City, We feel that the signs Los Angeles upon this building are justified due to the relative location of the building to the Eastland Shopping Center, We do not contest the Planning Commission decision on the signs on the west and south walls, We are in complete agreement on those, They are necessary and vital to the identification for all the traffic throughout the shopping center, The sign on the north wall which the Planning Commission limited to ten square feet9 hardly advertises the business as others would do for their main entrance to the building, The signs have been designed by an architect, We feel Mr, Wallichs is being deprived a right that others in the locality are enjoying, Mr, James Charter I represent May Stores Shopping 433 South Meadow Road Center, owners of this property West Covina where Wallichs Music City is located, We have asked them not to put up a perpendicular sign and if they had they would have been allowed a larger sign in the front, We feel that the sign on the side of the building is better looking and also fits into the rest of our center, I would like to see you reverse this decision and allow the signs that are being asked for, There being no further public testimony, the hearing was closed, Councilman Heath:, As I understand it9 this sign that has been designed would be on the north side of the building facing the parking lot, facing the commercial area? Planning Director, Mr, Joseph: That is the sign that is limited facing northerly into the parking lot, to ten square feet, It would be Mayor Snyder: separately so people will look at it Do you have any examples of signs in that are of this degree of variation Mr, James Charter: which does have,.a perpendicular sign the reason we wanted to go to a sign to keep away from the perpendicular The building does have a certain distinction in that it sets out no matter how big the sign is, the Eastland Shopping Center from the sign ordinance? There are no other buildings like this, We have the auto center which we do not like, This is on the sides of the building sign, Mayor Snyder: The Eastland Shopping Center -- do the owners have any restrictions of their own as to size of signs, et cetera? Mr, James Charter: We try to keep them in certain sizes depending on the building, We asked Wallichs to make smaller signs to conform to the size of the building and to therest of the signs in the Center, They have conformed to our specifications, -16- C, C, 11/23/64 'VARIANCE NO, 534 - 'Continued Page Seventeen Councilman Jett: I was at the Planning Commission the night this was heard, The stand taken by the Planning Commission apparently was different from what the Planning Department recommended, The Planning Department assumed that had they put a sign on top of the building they would have been permitted to use both sides of the sign which would, in effect, give them a square footage of 200 feet on each side or a total square footage of 400 feet, In their discussion with the May Company this was one of the points that held up signing of this leases the coming to agreement on this sign, They agreed to keep their sign on the building, The Planning Department in discussing this with them felt for this reason that it would not be unreasonable to grant them 400 square feet spreading it on three different sides of the building, The Planning Commission had no objections to the sign facing the freeway, They had no objection to the.sign on the westerly portion of the building, The other sign was approximately 90 square feet, which is the sign appearing on the front of the building, The sign is an attractive sign and it is only letters which are back -lighted, Councilman Nichols: I was also present at the Planning Commission meeting when this was heard, I concurred with the Planning Commissioners that I didn't quite follow the logic of staff as to how they reached a determination of footage to be allowed in this particular project, I did see in my own mind very clearly the basis for the request for additional footage for sign allottments in connection with this structure because of its location relative to the other developed areas and having heard the testimony and having the facts at my own disposal, I was not personally in sympathy with the concept that such a small sign should be allotted to the frontage of the building facing the direct area of access to the building, I would favor this request for Variance No, 534, Mayor Snyder: I feel this has some special unique problems here that wouldn't set a precedent in this area, Councilman Krieger: What would be the _permissable square footage here? Planning Director, Mr, Joseph: Under the present code if the the building towards the parking sign was placed on the face of lot he could have one sign 200 square feet in size, Roof signs are permitted in a C-2 zone, Councilman Krieger: On two sides they already exceed what would be permitted on the front side by 100 feet? Planning Director, Mr, Josephs Yes, Councilman Krieger: Is there any other location in the City where we have applied this formula? Planning Director, Mr, Joseph: No, We have signs in the City you do have both frontages and we where they are on the roof and have very few examples in the City where a single purpose building stande'by itself, -17- C, Ca 11/23/64 Page Eighteen 'VARIANCE NO, 534 - Continued Councilman Krieger: Planning Director, Mr, Joseph: How about the West Covina Cleaners? They have a perpendicular sign in front with both sides, Councilman Krieger: They said this was not an entranceway so they were not allowed to have the sign on the side of the cleaners facing north, Planning Director, Mr, Joseph: That was what the Planning Commission said, Councilman Krieger: What is the justification for the sign on the west side of Wallichs? They don't have an entrance on the west side of their building, Planning Director, Mr, Joseph: The feeling there was this, that along the San Bernardino Freeway for those uses that have frontage on the freeway, the Planning Commission has been approving detached perpendicular signs up to 30 feet in height and a maximum of 200 square feet per face, The Commission has adopted a policy in the past that the uses on the freeway occupy a certain privilege that perhaps uses on normal commercial streets don't have in that they are trying to attract the attention of traffic moving by rather quickly, Councilman Krieger: Taking this particular example, we are talking about wall facings, have we granted this right to anybody in the past that is being denied to Wallichs in this instance? Planning Director, Mr, Joseph: I can't recall of a situation identical to this, Mr, James Charter: I don't know of any building that is designed like this, This building is designed for freeway traffic, The sign on the west is for,people travelling from Los Angeles and the sign on the south is for people coming from Pomona and the other sign is for people inside the parking lot, Councilman Krieger: Why is the sign on the south also for the people coming from Los Angeles? Mr, James Charter: You are not going to be able to see it until you go past it, Councilman Krieger: The only thing that concerns me in this is not Wallichs' immediate problem; it is the criteria we establish for variances in •our City and I don't believe it is justifiable for us to establish this criteria and ask one applicant to prove to our satisfaction that they have met this criteria if we do not hold the same test to each applicant, I specifically asked these questions of the Planning Director and the applicant to determine whether or not we have justification for satisfaction of each of the four requirements for a variance, I think that is the burden here, -18- C, C, 11/23/64 VARIANCE NO, 534 - Continued Page Nineteen Councilman Jett: My interpretation of the variance laws probably differ from Mr, Krieger's, I have always felt that a variance is exactly what the word means, the liberal interpretation, which means varying from the existing law or ordinance, The reasons for a variance are because you are unable to do what you would like to do so you come in and ask for a variance of the ordinance so you can do what you want to do, In this case the main question seemed to be on the minds of the Planning Commission was the question of granting three signs, This was the first consideration, not so much the total square footage, Then t'^ere was quite a lengthy discussion on the size of that one sign that would appear on the front of the building, and they came up with an arbitrary figure of ten square feet, Wallichs Music Center is a terrific asset to the City of West Covina, We call ourselves the headquarter city, We are trying to building something here. We want to bring people in here; we want to bring government offices in here, We want to be something. Here is someone who has built a business that he advertises the City of West Covina more times on more radio stations than any other business in the City of West.Covina. He is on ten or twelve radio stations. He broadcasts right there from his business, Of all of these things, granting this man the privilege of having an identifying sign on the front of his building that hurts nobody and the fact that we are going through changing our sign ordinance because we recognize the number of requests for variances from our sign ordinance is certainly an indication there is something wrong with it and I think these people are certainly justified, Mayor Snyder: The condition of a variance is being denied something someone else is enjoying and I think there are many like these though not exact duplicates. I don't think anybody would deny that you need a reasonable size sign facing on the parking lot where the customers come from, I think in effect'he is being denied if he is not allowed this on the north side something that has been allowed to the Broadway, Chefs, Scoa, that may not be exactly analogous but"it'is certainly similar, I don't think it is detrimental to the public welfare, None of the merchants have objected; none of the other record stores in town have objected. The owner of the property has said it is in conformance with what they have throughout the rest of Eastland, Since the General Plan is not detailed as to signs, it is not in any way against the General Plan, Councilman Heath: I feel that these people if thev wanted to could go to such signs as the Huddle, E1 Dorado, Kinney's, Starks, et cetera, right on down the freeway. I would much rather they didn't go.to that type of a sign. In lieu of that type of sign I would feel that we should grant them an extra concession if they put them on the side of the building and I think this is what is being done by granting this variance. I feel it meets the qualifications for a variance because they should be permitted to do the same as the Huddle and these other signs, This additional square footage requested faces onto a parking lot into the center of a commercial area and it would not hurt anybody, -19- C, C. 11/23/64 Page Twenty VARIANCE NO, 534 - Continued Councilman Krieger: We can always think of reasons why we should get to a conclusion and that is not the test, In my mind you don't change the law to fit the facts; you change the facts to fit the law and if our variance law is bad, let's change the law but let's not subjectively justify it to ourselves by saying this is all right, it is reasonable, this doesn't annoy anybody, The fact remains that these people have 100 square feet on the south and the west side in excess of what is permissible on wall signs, The burden of proof is on the applicant to justify the variance, not on the Council to justify their decision, It is clear in my mind that there has been no showing that this applicant has been denied a substantial right. I might like to find that but there is certainly no evidence to suggest that I can, Motion by Councilman ,Jett, seconded by Councilman Heath, and carried, that Variance No, 534 be approved as originally suggested subject to all other conditions of the Planning Commission, (Councilman Krieger voted "no",) RECREATION AND PARKS MASTER TREE PLAN City Clerk, Mr, Flotten: On October 27, 1964 with respect to the amendment to the Master Street Tree Plan of the Central Business District, a motion was made by Commissioner Whitcher of the Parks and Recreation Commission, seconded by Commissioner Bushing that the Recreation and Parks recommend to the City Council that the Master Street Tree Plan for the Central Business District be amended to show Crepe Myrtle trees instead of Carrotwood trees on Center Street, Sylvan Avenue and Service Avenue, Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that the Master Street Tree Plan of the Central Business District be amended as per the Parks and Recreation Commission's action of October 27, 1964, BRIDLE TRAILS City Manager, Mr, Aiassa: On November 9th we were asked to check out this problem of bridle trails, The Parks and Recreation Commission and staff have made a report, I would like to have the Council take this report under advisement and bring it up again on December 14 if there are .any questions on the part of the Council. Our lease with ValenciA Heights Water Company will expire in March, 1968, Councilman Heath: Was there some stipulation or ordinance or ruling at some time that we had to maintain bridle trails through the City? lwxlE Ca 11/23/64 BRIDLE TRAILS = Continued �w Page Twenty -One City Manager, Mr, Aiassao No,, That was a:proposal but it was never adopted by the Council,, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the report from the Parks and Recreation Commission and staff regarding bridle trails be received, filed, and continued to the meeting of December 14, 1964. GENERAL MATTERS ORAL COMMUNICATIONS WEST COVINA HIGH SCHOOL FOOTBALL TEAM Mr. Ralph Goldstein Originally I had intended to 1546 Cameron Avenue appear before the Council on West Covina behalf:of the Human Relations Commission in connection with our plan for the establishment of an advisory council to the Human Relations Commission but we thought better that this be brought up at some future discussion meeting of the Council,, You have been furnished with a copy of the form, a rough draft of a resolution for the establishment of such an advisory council and I think it should be given consideration later at some other time, I am here on quite a different subject and this is in connection with the West Covina High School football team,, We are the only undefeated high school team in our whole valley,, For years our team has done this. We have the best overall record of any school in this valley,, There has never been any recognition, any support given to this team:.bv our City,, We are now engaging starting this Friday night with the C,,I,,F,, playoffs, If we win the next three playoff games, the fourth will be for the championship and that will be played in the Los Angeles Coliseum,, If the West Covina football team goes all the way, they deserve some help and support by the City,, I don't think they do get enough either in the papers, in any official or recognized manner. I think it would be very fine to have the Mayor and other Council members there Friday night at the game,, I urge the Council to consider some type of recognition, publicity, promotion for our City team, Mayor Snyder: How about a resolution?. Better yet, how about a proclamation naming this as West Covina High School Football Game Week and Friday will be West Covina High School Football Day,, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Mayor be authorized to proclaim Friday, November 27, 1964 as WEST COVINA HIGH SCHOOL FOOTBALL DAY and urge all interested West Covina citizens to attend the game and support the Spartans Mayor Snyder: So proclaimed, -21- L • C, C, 11/23/64 GENERAL MATTERS - Continued WRITTEN COMMUNICATIONS SISTER CITY Page Twenty -Two City Clerk., Mr, Flotten: You have all received copies of ,Foundation dated November 16, 1964this report from the Sister City, Councilman Krieger; They are having a By -Laws Committee meeting the first ,Thursday in December and I think we should have representation. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to accept the repot of the Sister City Foundation dated November 16 1964, , Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that. the Council have official representation at.the next meeting of the Board of Directors of the Sister City Foundation at which time they are going to review the possible revisions in their By -Laws,, Mayor Snyder: HUNTINGTON BEACH FREEWAY Councilman Krieger will be the Council representative at that meeting, City Clerk, Mrs Flotten: We have a letter from the West Covina Plaza Merchants' Association with respect to the alignment and continuation of the Huntington Beach Freeway north of San Bernardino Road, I think the Council has copies of this, Mayor Snyder: Somebody in the City should Association and appraise them omeet with the Merchants' f our discussion with Covina,, Councilman Krieger! I so advised them, I would reon the statement received at that time that sweewillmbehgettinglotherat communications from the Chamber on this same subject. matter, Mayor Snyder: To avoid any misunderstanding, din ° t y®u `tl�irik 'the tail or the City Council should -- Councilman Heath: Would you hazard ai guess on the gist of these letters we will receive? Councilman Krieger: There seemed to be a number of expressions in opposition to the position that the City of Covina has announced,_ MayorSnyders There is a misunderstanding here, -22- C; Ca 11/23/64 Page Twenty -Three HUNTINGTON BEACH FREEWAY - Continued Councilman Krieger: I indicated to them the various 9 thoughts advanced at that time and I suggested to President Gardner that he ought to appoint a committee of the Chamber to review the Chamber's position in this taking all factors into consideration and we can pursue it further in mutual discussions with them, Mayor Snyder: May I suggest'we appoint some- body from the Council to meet with the Merchants' Association or be available at the Merchants' Association? I think it could be explained to them the opposition to this freeway offers alternatives outside of the freeway, Councilman Jett: Didn't we instruct the staff to begin studies as to possible routes through the City? Mayor Snyder: They are doing -that now, Councilman Jett: If we don't have some crystali=- no affect on what happens zation of routes we will have to the south of it, City Manager, Mr, F.iassa: There are five routes coming up to Valley.Blvdo (South). Councilman Jett: If we have a good route going the other cities and on up through West Covina and through to the mountains that is acceptable I think this will influence the final decision, Mayor Snyder: I think we need action to dispose of the questions raised in this letter,. Councilman Jett: I. think we should have a representative go to these groups and explain what we have been talking about or have a joint . meeting with the Chamber of Commerce and the City Council or the West Covina Plaza Merchants' Association, Councilman Nichols: I think this Council, should have a representative contact the Plaza Merchants' Association and the Chamber of Commerce and other groups composed of our businessmen, but for the entire Council to.occupy itself in a meeting with each group who may send a letter questioning this matter I think we would find ourselves greatly involved in group meetings that wouldn't be a fair use of our time, . Mayor Snyder: I would be happy to meet with them and explain to them our reasoning, Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that Mayor Snyder be appointed to meet with the West Covina Plaza Merchants' Association and discuss the Council's thinking involved in its current stated attitude relative to the Huntington Beach Freeway extension, -23- C, C, 11/23/64 CITY.ATTORNEY ORDINANCE NO, 891 ADOPTED Page Twenty -Four ,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 Heathq seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Beath, Mayor Snyder Noes: None Absent: None Said ordinance was given No, 891, ORDINANCE INTRODUCTION 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" Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that said ordinance be introduced, RESOLUTION HELD OVER City Manager, Mr, Aiassa: The Acting City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 10 OF RESOLUTION NO, 127711, I would like to hold that off to November 30th, Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that said resolution be held over to November 30, 1964, RESOLUTION NO, 3043 ADOPTED Mayor Snyder: The Acting City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DIRECTING THE CITY CLERK TO'FORWARD A MAP TO THE STATE OF CALIFORNIA, DEPARTMENT OF WATER RESOURCES" Hearing,no objections, we will waive further reading of the body of the resolution, -24- • Ca Co 11/23/64 'RESOLUTION NO.o 3043 - Continued Page Twenty -Five 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. 3043. 'CITY CLERK PROPOSED WESTERLY ANNEXATION DISTRICT NOo 47 TO THE CITY OF COVINA City Clerk, Mr, Flotten: You have copies of this map, Mayor Snyder; Are'they going to take the curb? The problem can still come up in the future whether it is County or West Covinao City Manager, Mr. Aiassa; Make a mention of it and when we notify the local formation agency,- tell them this is a problem we have been faced with, Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that the matter of annexing the curb in Proposed Westerly Annexation District No, 47 to the City of West Covina;be mentioned to the local formation agency9 with a carbon copy to the Covina City Council, TEMPORARY USE PERMIT APPLICATION OF SUN-FRAN SHOPPING CENTER FOR OUTDOOR CARNIVAL City Clerk, Mro.Flotten: This is December 9th through the 13th. Motion by Councilman Heath, seconded by Councilman Nichols,.and carried, that the temporary use permit application of Sun Fran Shopping Center be granted for an outdoor carnival on December 9, 1964 through December 13, 19649 subject to staff approval, REQUEST FOR RECONSIDERATION OF APPLICATION FOR CHRISTMAS TREE SALES AT THE SOUTHWEST CORNER OF AZUSA AND CAMERON AVENUES City Clerk$ Mr, Flotten: The applicant is here tonight and wishes the Council to reconsider the action you took last meeting denying this location, (Read letter re this matter from Mr; Kleckner,) This is a private operation, -25- • C, C. 11/23/64 CHRISTMAS TREE SALES - Continued Page Twenty -Six Councilman Nichols: I was among those voting to deny this particular application but since then I have observed a number -of the areas in the City where we did permit these installations for this brief period at Christmas and as I recall our basis for this denial was that it was immediately adjacent to a residential area. Some of the uses that are approved are also immediately adjacent to residential areas., I would as a result of having seen some of the others„ I would change my mind. Move at this time that the temporary use permit be granted for the.Christmas tree sales purpose at the southwest corner of Azusa and Cameron, Councilman Krieger: What are other locations? Councilman Nichols: one is right across the street from R-1 at the corner of Glendora and Merced and that is zoned R-1 on that corner. Councilman Krieger: We approved these, as I remember, at the same time and it was in my mind that Azusa and Cameron is not analogous to Merced and Glendora and that is why I voted against it. Mayor Snyder: the last year to allow this in R-1? Would you like to include in your motion that this will be Councilman Nichols: I would like the motion I have on the floor to be acted on and I would be happy to follow that.with a motion. Mayor Snyder: I will second your motion, Action on Councilman Nichols' motion: Motion carried. (Councilmen Krieger and Heath voted "No",) Motion.by Councilman Nichols, seconded by Councilman Jett, that the staff.'come up with a recommendation for the exclusion of Christmas tree sales in the R-1 zone. Planning:Director,'Mr. Joseph- Christmas tree sales in the Municipal Code comes under the temporary use provisions which are now open before the Planning Commission under public hearings. Would you rather have the Planning Commission report this back to you along with the temporary use amendment in that they will be discussing that whole section at this time? Councilman Nichols: Councilman Jett: Mayor Snyder: Planning Director, Mr..Joseph: I will withdraw my motion since it is already being studied. I will withdraw my second, I think the staff should be appraised of the Council discussion tonight, I will bring this up to the Planning Commission, -26- Ca C, 11/23/64 CITY CLERK - Continued LETTER FROM MUSIC CENTER BUILDING FUND • COMMITTEE OF THE SOUTHERN CALIFORNIA SYMPHONY ASSOCIATION REGARDING PERMISSION TO CONDUCT "BUCK BAGS FOR THE MUSIC CENTER" CAMPAIGN, Ll City Clerk, Mr, Flotten: collect money for the Building Fund Symphony Association,, They will set Shopping Center, Page Twenty -Seven The Council has copies of this letter requesting permission to Committee of the Southern California up a booth at the mall at Eastland Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Music Center, Building Fund.Commi_ttee of the Southern California Symphony Association be.granted permission to conduct "Buck Bags" at Eastland Shopping Center, WEST COVINA JAYCEES REQUEST City Clerk, Mr, Flotten: There are two gentlemen.here this evening from the West Covina Jaycees, (Read letter from Jaycees requesting permission to allow the Dewayne Circus in ,lest Covina,) They will have the proper liability insurance and proper damage insurance, This is to obtain funds exclusively for youth activities within the community. This is to be across from the Citrus Bank, Mr, Alan Michael 436 East Michelle West Covina 200 feet long, It has all the stamps fire fireproofing. This is a family type circus directed more toward the children, It is a three-ring circus, The tent is about and seals of the Fire Department Motion by Councilman Heath, seconded by Councilman Jett, and carried, that permission be granted to the (,lest Covina Jaycees to hold a circus on December 20 and 21, 19649 subject to all staff recommenda- tions, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the fee be waived for the West Covina Javicees, CITY TREASURER Motion by Councilman Heath, seconded that the Treasurer's report for the CITY MANAGER REPORTS APPROVAL OF PARK SITE APPRAISALS by Councilman Krieger, and carried, month of October be accepted, City Manager, Mr, Ai_assa: We have a proposal from Harri- -son 'Baker for the preliminary valuation study in connection with the five tenative park sites, I C, C, 11/23/64 Page Twenty -Eight APPROVAL OF PARK SITE APPRAISALS - Continued • would like the Council to accept the proposal, We have another proposal from Vern Cox and his estimate was approximately five thousand dollars for preliminary valuation studies for the park sites and he could not commence until the end of. February, 1965q and it would take him about two months to complete, Mayor Snyder. I would like to suggest we not have any appraisal on the site at Cameron and Azusa, Cameron and Hollenbeck, and the one at Grand Avenue, I would like to have an appraisal of the one at Sunset and Francisquito because I feel that if the final decision of the Council is not to enlarge Orange -Merced we are still deficient of parks in that area and would at least have an idea of what it will beg plus the Galster addition, Councilman Heath: Anytime you put a park on the exact perimeter of the City you are putting it in at your expense for the benefits of another city, There are other, parcels in that area which I think could be considered and could be'used mare. by the people of the City than the one at Francisquito and Sunset, Mayor Snyder.. An appraisal here would give us a good idea of other sites in this section of town, City Manager, Mr, Aiassa. The preliminary valuation was connected with those five tenative park sites that the Council approved for us to do, Councilman Krieger. If we are asking for less appraisals I assume the price should be less so all we are discussing is whether or not it is all or part, I would concur with the Mayor and suggest that least a valuation in that Sunset-Francisquito site should give us some indication as to property values in that area, Plus a valuation on Galster, City Managerg,Mr, Aiassa. I would like to prepare a written ,contract and have it for Council approval because I think the expense might extend itself beyond if you do go into condemnation, I want the contract to spell out 'tha-u doesn't come back tc repeat: these,-�earl3�<.�expendituiresi,on-'.Preliminary appraisals .to the ..finAl.:pppraisals;:_:-".Iwant-__-the° ,amount now: spent to r.cec' cr :.::e ��J�1 �;mou t c:°c d._tec?o Motion by Councilman Nichols, seconded by Councilman Krieger, to authorize the City Manager to draft a contract arranging for a preliminary appraisal on the proposed park site additions at the Galster Park and at the site at Sunset and Francisquito, • Councilman Jett; On Galster Park, I don't quite to understand where you propose left, pick up 3� acres, That,is all hilly area that Mr. Galster has le Mayor Snyder; It wouldn't necessarily be on his property, WE C, C, 11/23/64 Page Ti,7enty-Nine APPROVAL OF PARK SITE APPRAISALS,- Continued • Councilman Heath: The question I have on the motion is we are spending a lot of money all the time and I think for all intent and purposes the latest summary that the Planning Department came up with on prices on these properties is close enough to use for figuring to determine whether we are going to go for a bond issue at all, Councilman Krieger: I got the impression that these evaluations were way off from you, Councilman Heath: The first time they were off, I think the second one is a closer number, Councilman Krieger: With due respect to the Planning Director, as I remember, his presentation was from the top of his head, Action on Councilman Nichols' motion: Motion carried, MUTUAL AID COUNTY AGREEMENT City Manager, Mr, Aiassa: The League has reviewed this I . and adopted the recommendation, There was some objection from a few of the city fire chiefs, It appears the agreement is in adequate form that we can approve it, Councilman Heath.- The League of California Cities discussed this and the proposal that was put before them drafted by the League for adoption,,.one of the fire chiefs got up and spoke for quite some time wanting to make minor changes and technical changes, The feeling of the League was that the proposal as written was making legal all the mutual aid that we have been going through for the past three, four years and rather than delay this proposal for,technicalities, let's get this proposal adopted to cover us on what we are doing at the present time, The League overruled this fire chief and adopted the proposal as sub- mitted, There will be a further study by S,C,A.,G, to get rid of the technicalities, Acting City Attorney, Mr, Newell: I studied this with the Assistant Fire Chief and he was perfectly satisfied with it, Motion by Councilman Heath, seconded by Councilman Nichols,, and carried, to authorize the Mayor and City Clerk to sign the Mutual Aid Agreement. HILLTOP E R MOTE INSTALLATION City Manager,'Mr, Aiassa: I had a meeting with the staff and a meeting with Mr. Lockhart representing Home Savings and Loan and there appears to be a few--'. basic problems as far as us taking this site for a remote installation. I had Mr, Adams check it out and I have a written report for you, -29- • 0 Co Ca 11/23/64 HILLTOP REMOTE INSTALLATION - Continued: City Manager, Mr. Aiassa: Page Thirty (Read report from John Adams dated November 23, 1964 as follows: "In coordination with the Police Department we have staked a site at the northerly limits of the Home Savings and Loan property that appears to be -optimum for the subject use. As you know, such a site is required in order to establish com- munications with our radio equipped vehicles operating in certain areas of the southern section of the City, This site, approximately 100' x 1001, has been viewed by Mr. Lockhart of Home Savings and Loan and he has agreed to give us a license for the use of this area. This license would in effect be a short -time permit to use the property until such time as it is developed by HS&L> At the present time, this is an indefinite period, possibly five years more or less. We will work with the City Attorney in drafting such a license which will be presented to the Council for approval," I would like to recommend that the City Attorney review the possibility of such a licensee Councilman Heath: City Manager, Mr, Aiassa: Councilman Nichols: Does the Wilderness Park run up to the crest of the hill? Mzn What would happen at the time we would have to vacate this particular parcel? City Manager, Mr. Aiassa: We would have to renegotiate another site and at that time we should specify in our license there would be no additional charge. The total expense is between two and three thousand. I think this study should be referred to the City Attorney. Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that the matter of the radio relay station site be referred to the City Manager and the City Attorney for their joint efforts. STANFORD RESEARCH Mayor Snyder: They would like additional time to revise Phase 1 of their re- port due to the possibility of a theater here. City Manager, Mr. Aiassa: I would like to limit the time to the first of December. (Read letter from Wm. To Kopp dated November 6, 1964 as follows: "The memorandum concerns the timing and effect of the recent public announcement of plans to construct a $3 million legiti- mate theatre in West Covina on the findings being present in Phase I of the Institute's report regarding the scope and feasibility of a regional auditorium in the City's proposed new civic center. -30- n Li r� Co Co 11/23/64 Page Thirty One STANFORD RESEARCH - Continued: "Previous memorandums and an oral report to the City Council stated that an auditorium facility with approximately 3,000 seats was needed and could be supported in the West Covina area, The new private theater called the Carousel is'to con- tain 3,300 seats. The proposed theatre is to be designed as as a theater -in -the -round, very similar to the Melodyland Theatre in Anaheim, and will present a variety of stage pro- ductions, including musicals, grand opera, ballet, concerts and serious,dramao If scheduling permits, this theater facility will also be used for large meetings and other assembly -type functions. The immediate addition(by July 7, 1965) of this theatre facility to the West Covina area significantly affects the scope of auditorium facilities and the estimates of events and attendance to the facilities proposed for West Covina's Civic Center. In view of this, it is necessary to evaluate the effect of this new theatre in relation to the previous research findings and incorporate the results of this re- evaluation in the Phase I memorandum written report. Such a re-evaluation will provide the City of West Covina more meaningful information regarding the role and scope of audi- torium facilities now appropriate for the proposed civic center, An extension of time will be required to revise the report. It is expected that the Phase 1 written report can be de- livered during the week of November 16-20," Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that the Stanford Research be given until December 1, 1964 to complete their report on the auditorium, Phase 1 of their report. OPINION ON WRITTEN COMMUNICATIONS FOR PUBLIC HEARINGS City Manager, Mr. Aiassa: At the request of the Council we wrote a letter to Bill Sorenson and he has given us an opinion on written communications for public hearings. I think this should be spread in the Minutes, Councilman Heath: City Manager, Mr. Aiassa: I think it should be referred to in the Minutes but not nec- essarily spread. A written report was made and filed with the City Clerk. The letter is dated November 19, 1964 -31- EJ 0 C., C, 11/23/64 Page Thirty -Two OPINION ON' WRITTEN. COMMUNICATIONS FOP PUBLIC HEARINGS - Continued Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept the report and place it on file, Councilman Krieger: TAXI CAB ORDINANCE PROPOSED AMENDMENT We may consider this to be included in the brochure to be distributed, City Manager, Mr, Aiassa: There is a recommendation to make a few amendments. I would like to incorporate these into an ordinance. Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that the matter of the proposed amendment to the taxi cab ordinance be referred to the City Attorney to be incorporated into the ordinance as per his letter of November 18, 1964, City Manager, Mr, Aiassa: CABARET DANCE. PERMIT This will come up on December 14 as -an ordinance amendment, City Manager, Mr, Aiassa: Mr, Ter.zian has made some suggestions regarding pro- visions to our cabaret dance permit, I would like to authorize the City Attorney to prepare these amendments to our cabaret dance permit for the City Council on December 14, Motion by Councilman Jett, seconded by Councilman Nichols, and carried, to authorize the City Attorney to prepare these amendments to our cabaret dance permit for the City Council on December 14, 1964, Councilman Krieger: I made one motion for the City Attorney to prepare a study on the legality of further legislation by this Council on topless bathing suits, The other motion was to hold a public hearing on whether or not the cabaret license of Jim's Water Wheel should be revoked based upon the violations that the Chief of Police cited to us, One should not have.anything to do with the other, I made my motion based upon the power presently vested in this City Council to revoke permits and not based upon some City Attorney's opinions as to whether or not we could legislate in the field of topless bathing suits. I suggest that this Council has been used for the sole and exclusive purpose for prohibiting topless bathing suit displays in Jim's Water Wheel and the only purpose of these violations were to cause us to have a hearing held and use that as a leverage in prohibiting this one activity. The purpose of my motion was to determine whether or not this cabaret permit should be continued, The information as to this coming up for review was before the Chief of Police at the time this was before the Council, Mayor Snyder: By a motion of the Council, the only way the hearing can not be held rs -for us to revoke the motion, f32 C, Co 11/23/64 :CABARET DANCE PERMIT - Continued Page Thirty -Three • Councilman Krieger: The motion on Page 27 reads as follows: "Motion by Councilman Kriegero 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 thereof be set for hearing before this Council at the first date consistent to code; , , ," What steps have been undertaken to set this matter for hearing? City. Manager, Mr. Aiassa: If Mr, Krieger still wants to continue with that phase of the report;ir'. � theaccept =Mr': Ter-zian'sreport and we can set the: time ac- eording=to code and proceed with the hearing. Councilman Krieger: There was nothing in Mr, Terzian's report that caused me to change my mind one bit, I • Councilman Jett: I don't think the motion was made lightly. I don't think the fact that they withdrew the_:topless bathing suits eliminated all these. other things, City Manager, Mra Aiassa: Councilman Krieger: City Manager, Mr., Al.assa: Councilman Krieger: that would cause me to change my follow, Until the Council makes conflicting or reversing motion, stands, I don't.want you to_get the impression that this was used as a wedge; That is the impression that they will get if we don't proceed with the hearing, We will,proceed with the hearing if the 1. City;Couricil' so `requests'> ° There has been no evidence presented to this Councilman opinion as to the procedureweshould asubsequent or succeeding or the motion that is in the Minutes Mayor Snyder: Understanding part of it was he felt that we are on shaky ground revoking the dance license under the present ordinance even under the other violations, Councilman Krieger: I don't believe�he has said that, Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that the letter from the offices of Burke, Williams and Sorenson, dated November.13, 1964 and the letter dated November 17, 1964 be received and placed on file, Councilman Nichols: Although I concur wholeheartedly with Councilman Krieger's sentiments, that is, that a matter that is approved and established by the Council can only be cancelled by the Council, I do feel that. in light of extenuating circumstances related through certain opinions expressed by the City Attorney, that it might be appropriate to defer, to leave this item oft.the agenda.and defer action on the specific setting of a hearing date, I would like further clarification and, information from our .City Attorney in respect to this matter before proceeding with it, --33- • • C, C, 11/23/64 Page Thirty -Four CABARET DANCE PERMIT - Continued Motion by Councilman Nicholst seconded by Mayor Snyder, that this item be continued and that the hearing date'be held open until the next regular Council meeting and that the City Attorney be instructed to advise the Council in this area prior to that time as to the appropriateness of conducting a hearing under the existing laws as they affect this Council, Councilman Krieger: The motion was made under a section of our Municipal Code that says if the conduct of such cabaret dance does not or will not comport with the public welfare for any reason -- what are we asking the City Attorney for under your motion? Mayor Snyder: Councilman Krieger: Action on Councilman Nichols' motion: Mayor Snyder: mendation to amend,the ordinance? City Manager, Mr, Aiassa: He is going to have to be the one defending us as an attorney, Jim's Water Wheel is supposed to be the one defending themselves, Motion carried, Do you want to take any action on the City Attorney's recom- I think we should take some action0 Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that the City Attorney be instructed to go over the ordinance pertaining to cabaret licenses as concluded in Item 33 and come up with recom- mendations of how we can make this ordinance more protective to the community: plus all other recommendations made in this report of November 17, 1964, DAYS BEFORE THANKSGIVING, CHRISTMAS, AND NEW YEARS PERSONNEL Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to use the same policy this'ye4r as,was used last year, permitting 50% of the personnel to be on vacation on November 27, 1964 and the balance on December 31, 1964, HOURS WORK WEEK FIRE DEPARTMENT City Manager, Mr, Aiassa: This matter is being cleared up by the Personnel Board., We will have to wait for a further report from them, -.3a44 Co Co 11/23/64 NEPOTISM Page Thirty -Five City Manager, Mr, Aiassa: We don't really have a serious problem, I think in the general personnel ordinance there should be a provision about nepotism be- cause it can get out of hand. We have nothing specific in mind but I would like this referred to the Personnel Board for a recommendation because this should be analyzed and controlled by the Council before it could be a real problem, Mayor Snyder: Councilman Heath: Mayor Snyder! Such a ruling should not exclude capable relatives. How do they do this? I think if you don't put them in the same department I don't think you are in any trouble. As long as they pass all the tests and are capable -- Councilman Nichols: I think there is merit in asking the Personnel. Board to look at this and evaluate this particular matter. Motion by Councilman Nichols, seconded by Councilman Kreiger, and carried, to refer this matter of nepotism to the Personnel Board for study and any possible recommendations on a policy matter. TRAFFIC COMMITTEE REPORT City Manager, Mr, Aiassa: This is the report of October 30. Motion by Councilman Krieger, seconded by Councilman Jett, and car- ried, that the traffic Committee Meeting Report of October 30, 1964 be continued for action by the Council to the meeting of December 14, 1964. APPROVAL OF SELECT SYSTEM MAP AND REPORT City Manager, Mr, Aiassa: We have our approval from the State on this. (Read letter from Mr. Bauders dated Novem- ber 4, 1964 as follows: "We are pleased to inform you that the Select System Map and Report adopted by the City of West Covina on Septem- ber 21, 1964, was approved by the Highway Commission at their meeting on October 28, 1964. -35- Ca Co 11/23/64 Page Thirty -Six APPROVAL OF SELECT SYSTEM MAP AND REPORT - Continued„ • Letter from Mr. Bauders - Continued: "This System will, as of October 28, 1964, replace the Interim Select System (SCR 62 Study Map) for Section 186.1, Section 186.5 and Section 2107 gas tax projects as stated in the last paragraph of Section E, Article 6-A, page 25, of the Second Edition of the'Procedural Manual for Administration of the Provisions of the Collier -Unruh Local Transportation Development Act. We will forward to you a certified copy of the Commis- sion's resolution, the map and report as soon as we receive them in this office°" City Manager, Mr, Aiassa: We are now eligible for State Special Funds. This is a report and I would like it placed on file. Motion by Councilman Krieger, seconded by Councilman Jett, and car- ried that this letter from the State regarding approval of select system map and report be place on file. REVISED TRAFFIC SIGNAL INSTALLATION PROGRAM Mr. Aiassa: (Read report dated October 29,1964 re this matter as follows: "It is therefore recommended that the budgeted monies for traffic signals be reallocated in the following manner: ADD 1, Sunset and Puente $ 16,600 20 San Bernardino Rd. & Azusa Canyon Rd, 6,000 3e Azusa and Vine 121200 4. Azusa and Merced 12,000 46,80U— DELETE 1, TS 6439 - Sunset and North Garvey $ 12,000 2, TS 6443 - Citrus and South Garvey 10,000 3. TS 6441 - Orange and Cameron 10,000 4e TS 6427 - Temporary Signals 6,000 5. C-60-2 - Vincent and Center 10,000 a 000, RETAIN to TS 6431 - Azusa and Puente, Rowland, • Workman (Modernization)* $16,500 20 TS 6409 - Vincent and Valinda Part of street Project 3, TS 6330 - Vincent and North Garvey* 7,250 4. TS 6409 - Glendora and Valinda Part of street.Project *State Participation -36- Co C, 11/23/64 Page Thirtv-;'Seven REVISED TRAFFIC SIGNAL INSTALLATION PROGRAM - Continued • Mayor Snyder: Is San Bernardino Road and Azusa Canyon Road more important than San Bernardino Road and Orange Avenue? City Manager, Mr, Aiassa: Councilman Heath: City Manager, Mr,, Aiassa: Councilman Heath: Mayor Snyder: City Manager, Mr, Aiassa: Councilman Heath: The Traffic Committee feels it is. What about the intersection of Glendora and Merced? It is continued, I think Vincent and Puente is more important than San Bernardino Road. Sometimes there are other problems in there and they can't go ahead. We will hold this over until the meeting of.the 14th, There is much more danger at Vincent and Workman where the children are. City Manager, Mr, Aiassa: We will check into this. RELOCATION OF TRAFFIC SIGNAL CONDUITS STORM DRAIN PROJECT 589 City Manager, Mr. Aiassa: The money will be reimbursed by the Flood Control District and these will be scattered all over the City as outlined in the report, The recommendation is that. the City Council authorize the issuance of a purchase order to the Traffic Signal Maintenance Company to provide labor, material, and equipment as necessary to relocate traffic signal conduit incident to construction of Storm Drain Project No. 589, with the one provision that the report of November 5 be accepted and placed nn file and that the City be reimbursed for all expenditures by the Flood Control District. Motion.by Councilman Nichols, seconded by Councilman Heath, and carried, to authorize the issuance of a purchase order to the Traffic Signal Maintenance Company to provide labor, material, and equipment as necessary to relocate traffic signal conduits -incident to construction of Storm Drain Project No. 589 with the one provision that the report of November 5, 1964 be accepted and placed on file and that the City be reimbursed for all expenditures by the Flood Control District, and • that ,said authorization is to be limited,to one calendar year from this date. STREET IMPROVEMENT BARRANCA AND CORTEZ City Manager, Mr, Aiassa:. We are having a meeting with the property owners, We have one • C, C,. 11/23/64 Page Thirty -Eight STREET IMPROVEMENT (BARRANCA AND CORTEZ) - Continued report that the Council requested regarding the four-way stop sign, The only way we can get the four-way stop sign is it would be necessary that the citizens in that area ask for rehearing on that particular request, Just accept the report and place it on file, Mayor Snyder: CHANGES IN VEHICLE CODE I don't think any action is necessary, City Manager, Mr, Aiassa. We have a written opinion from the City Attorney that this be placed on file and the staff be directed to proceed accordingly. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the report of the City Attorney on the changes in the Vehicle Code as pertains to signalization and stop signs` be placed on file and the staff be directed to proceed in accordance therewith, FREEWAY PROJECTS ALLOCATION OF FUNDS City Manager, Mr, Aiassa: We do have the first amounts covered on Vincent Avenue Interchange and the Commission is directed to revietr7 all recommended changes as far as the freeway widening and interchange, Planning Director, Mr, Joseph: We just got a notice on that and we will consider it on the 16th, City Manager, Mr, Aiassa: We have been advised that incidental to the freeway that Azusa between Francisquito and Amar, that a total cost of $1,200,000 has been approved and this will be coming under Federal Aid, Secondary Urban Extension Construction Program, and it will be. 1965-66. This is just for your information, LARTS RESOLUTION City Manager, Mr, Aiassa: I have been advised by Mr. Joseph that he checked and if we can adopt this tarts study w f`n a ; provision that:.we ,'include 'a paragraph asking for one of :these agenc%F:s,- :shish ever becomes the prime agency, if.this agree= ment will be made to conform to the new agency request. Planning Director, Mr, Joseph: (Gave brief summary of the matter,) We could adopt a resolution on Larts without any fear of conflicting with S,C,A,G, We should proceed with this without any fear that there would be a conflict between the two, -38- Co C� 11/23/64 LARTS RESOLUTION - Continued RESOLUTION NO. 3044 ADOPTED Mayor Snyder: Page Thirty -Nine The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RATIFYING AN AGREEMENT BETWEEN THE DEPARTMENT OF PUBLIC WORKS, THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, ORANGE, SAN BERNARDINO, RIVERSIDE, VENTURA, SOUTHERN CALIFORNIA RAPID TRANSIT AND THE CITY OF WEST COVINA, RATIFYING CITIES, ET AL" 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. 3044 ANNEXATION STUDY APPROPRIATION FOR ASSESSMENT FIGURES City Manager, Mr, Aiassa: At the meeting of the staff on the follow-up study to the areas on the perimeter of the City of West Covina with possible annexations, it was determined that a cost figure of $250.00 would be necessary to utilize the map division of the County Assessor's Office to get valuations of all those properties within the areas that we considered, (Read report dated November 23, 1964 from Planning Department as follows: "Annexation Study - Cost of Assessed Valuations North of Freeway As per the request of the City Council at the study session of November 16, 1964, which referred to the Planning Department for the cost of acquiring the assessed valuations of annexable property north of the Freeway, we have determined from the Map Division of the County Assessors Office that a cost of $250.00 would be required for the assessed values (land and improvements) and property owners names. The assessed valuations of the annex- ation study plays an important part in determining the economic feasibility of annexable property." Councilman Nichols: Are funds available for this purpose? City Manager, Mr. Aiassa: Yes. • Motion by Councilman Nichols, seconded by Councilman Heath, that the Council adopt an appropriation for $250.00 for the purposes enumerated here. Motion passed on roll call as follows: -39- C. Co 11/23/64 Page Forty ANNEXATION STUDY - Continued: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None RUBBISH AND GARBAGE STUDY City Manager, Mr. Aiassa: Mayor -Snyder: ZONING CASE 4806 (1) I would like a study session. We will put this on'our study session of the 21st> City Manager, Mr. Aiassa: This is the case that the Council has been following, There is a memo given to you by the Planning Department regarding this. (Read report dated November 17, 1964 as follows: ,,On November 12, 1964 this Office advised you that the Regional Planning Commission had rezoned the Berge property at the northwest corner of Azusa and Francis- quito to R-1-10,000> This information was received'by telephone from the County Planning Office, It appears that the information given to us by telephone was in error. The Daily Release Bulletin of the Regional Planning Commission action dated November 10, 1964 contains the following: 'ZONE CHANGE CASE RECOMMENDED IN THE PUENTE ZONED DISTRICT (1) In Zoning Case 4806-(1), the application of Emanuel He Berge, 1811 South Azusa Avenue, West Covina, for a change of zone from A-1-10,000 (Light Agriculture-10,000 sq. ft. min,) to C-2 (Neighborhood Business), C-H (Commercial Highway) and R-1 (Single Family Residence) for 1.7 acres on the northwest corner of Francisquito and Azusa Avenues, with frontages of 252 feet and 300 feet on said streets, respectively, in the Puente Zoned District, the Regional Planning Commission today recommended a change of zone to C-2 (Neighborhood Busi- ness), C-H (Commercial Highway), R-1 (Single Family Residence) and P-R (Restricted Parking). A public hearing before the Board of Supervisors must be held before this change of zone becomes effective."' • Councilman Heath: We sent a letter of protest to this at that time. City Manager, Mr. Aiassa: The public hearing will be set before the Board of Supervisors and must be held before. this change of zone becomes effective. -40- • • Co Ca 11/23/64. ZONING CASE 4806 (1) - Continued: Councilman Heath: Page Forty -One We have a letter of protest to this at that time. City Manager, Mr, Aiassa: The public hearing will be set before the Board of Supervisors and must be held before this change of zone becomes effective. Councilman Heath: We have a letter of protest on record down.thereo Councilman Krieger: What is the procedure when the Regional Planning Commission re- ceives letters in favor and in opposition and it goes up to the Board of Supervisors? Does the complete file go with it, Planning Director, Mr. Joseph: Mayor Snyder: City Manager, Mr. Aiassa: The complete file goes with it. They have before them all the letters pro and cone We have a protest on file. Have we in the past ever reinstituted a letter? Normally we have continued it from one body to another. Councilman Krieger: If we are opposed to it we should take whatever steps 2V0 n_ost likely to achieve our opposition. I would think the Board of Supervisors' attitude must not be too divergent from o,l- attitude when we hear these things. If we wnat to be ef- fective in this area we might be more effective by authorizing sorie member of the staff to appear to verbally voice our protest. Councilman Nichols: If you feel the need to do so, pull a copy of the letter on file and resubmit it as a confirmation of the stand of the Council. City Manager, Mr, Aiassa: I can assume the Council wants to continue its previous action? Councilman Nichols: CHRISTIMAS DECORATIONS City Hall City Manager, Mr. Aiassa: On that basis. Read report dated November 13, 1964 from Christmas Decorating Committee as follows: -41- • Ca Co 11/23/64 CHRISTMAS DECORATIONS - CITY HALL - Continued: Report as follows: Page Forty -Two "Recommendations on City Hall Christmas Decorations A meeting of the Christmas Decorating Committee, with members Bob Flotten, Cal Wetherbee, Bill Fowler, Ray Windsor and Bob Gingrich in attendance, was held on November 13. Proposals The following proposals were unanimously agreed upon by the committee and are hereby recommended to the City Manager for approval. A. City Hall Exterior Decorations to Approximately 400 lineal feet of commercial type Christmas decorative lighting to be installed on eaves of the City Hallo 20 Commercial type tree lights to be installed'on large tree at northeast corner of City Hallo 3e "Merry Christmas" sign, approximately 12' wide, to be installed on front of City Hallo 4, Colored lenses on bulbs to be installed on all ground flood lights. Be City Hall Interior Decorations 1, Front Lobby and Public Service Division Lobby to have decorated trees. 20 Departmental offices and sub -offices of the City to be decorated at the discretion and expense of the employee's utilizing the offices. As an added in- centive the Christmas Decorating Committee will judge the offices for the best decorative effort and award an appropriate prize, supplied by the committee. Financing the proposals The Finance office .reports there is $1,192.21 (Fund 121, Project #64-35) encumbered and available for application to the Christmas decorating project, when properly author- ized. The items requiring expenditures in the proposals are as follows: to Building Lights 20 Tree Lights 3. Merry Christmas Sign 4. Colored lenses for flood lights 5. Installation of temporary electric pole -42- Co Co 11/23/64 Page Forty -Three CHRISTMAS DECORATIONS - CITY HALL - Continued: 0 Report from Committee - Continued: "The committee estimates these expenditures would not exceed $700.00. Implementation of the Program to Lighting Program - Bill Fowler to obtain two bids from electrical contractors for making up strings of lights for the tree and building and for colored lenses for flood lights. Fowler to make arrange- ments for temporary power pole. (This will also be needed for open house). 2, Cal Wetherbee to obtain -,information and cost figures for making "Merry Christmas" sign for front of building. 3. Ray Windsor to inform departments about office decorations and competition. 4. Bob Flotten to coordinate acquiring trees for the two lobbys and decoration of same, as in the past, 5e City crews to assist electrician with instal- lation of building and tree lights. E< Sign shop may be called upon to make sign. Summary The recommendation of the Christmas Decorating Commit- tee are as outlined above. When approval is granted to the proposals, the Committee will proceed with im- plementation of the program as outlined." Councilman Krieger City Manager, Mr. Aiassa: The $700 that would be an ex- penditure this year, I assume there would be a carry-over of the lights next year? Yes. Motion by Councilman Krieger, seconded by Councilman Jett, to authorize the staff to purchase Christmas decorations as per • their report, not to exceed $700.00. Motion passed on roll call as follows: -43- n 1 LJ Co C� 1.1/23/64 CHRISTMAS DECORATIONS - CITY HALL - Continued: Page Forty -Four Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None ANTIQUE FIRE TRUCK Parades Motion by Councilman Jett, seconded by Councilman Krieger, to allow $10.00 a trip for the antique fire truck for the lunches of the men. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None PLANNING DEPARTMENT PRIORITY PROJECT LIST City Manager, Mr, Aiassa; The Planning Department has filed their Priority List Pro- gress Report dated October 21, 1964. Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, to accept the Planning Department Priority Project List dated October 21, 1964 and that it be placed on file. CITY OF WALNUT POKER PARLOR City Manager, Mr. Aiassa: There was a request from the City of Walnut to help them fight this poker parlor movement they have in their area. The request was we support them by passing a resolution. Councilman Krieger: I think it might be more proper if I follow this up with the representative of their Council and get the request in writing from their Mayor. Motion by Councilman Krieger, seconded by Councilman Nichols, • and carried, that this matter be continued to December 14, 19640 ICE SKATING PROGRAM City Manager, Mr. Aiassa: (Read report re this matter.) This will be brought out as a flier of the City, -44- C, C, 11/23/64 ICE SKATING PROGRAM - Continued Page Forty -Five Councilman Nichols: The turning out of the bulletin 0 from the City meets my objections but I still have an objection that I won't belabors No one else has any concern about it, I think a statement where it says, "Meeting the standards of the West Covina Parks and Recreation Department" is a much mare appropriate thing than "sanctioned bye', Motion by Councilman Krieger, seconded by Councilman Jett, and carried, to accept the report on the ice skating program and that it be placed on file, SIGN VARIANCES SCHLANGER City Manager, Mr, Aiassa: Mr, Schlanger has filed for the time extension for his sign, Planning Director, Mr, Joseph: We received a letter from the attorney representing Schlanger indicating they would not be available until our next meeting, The Planning Commission held this over to the 16th because of the loaded agenda on the 2nd, Councilman Krieger: The consensus of the Council was this sign had not been granted an extension and should come down and a written opinion was that if they had filed within a time element of appeal or request for extension that'the sign would remain until final action was determined by the legal body. Why don't we get these opinions before we take these foolish actions? Councilman Jett: City Manager, Mr, Aiassa: EXCHANGE CLUB DAY Mayor Snyder: proclamation for joint signature. If there are no objections, I will Exchange Club Day, That is a good question, When this permit was given, I suggested we limit it to one year. There is nothing we can do tonight, It was my understanding that Mr. Joseph would prepare a The date is December 5, 1964, proclaim December 5, 1964 as (No objections voiced,) So proclaimed, -45- C, C,, 11/23/64 CITY` MANAGER REPORTS - Continued • BALDWIN PARK HIGHWAY FUNDS ROOTSTREET Pagj, Forty -.Six City Manager, Mr. Aiassa: We have been advised by the County that $20,000 is available to assist Baldwin Park to improve streets. Motion by Councilman Nichols, seconded by Councilman Jett, and carried, that the Mayor be authorized to consult with the City Manager of the City of West Covina and thereafter communicate in writing to Mr, William G. Bonelli in respect to improvement of Root Street with funds that may be available for that purpose and that a letter be prepared for the Mayors signature regarding this matter, GOVERNOR'S TRAFFIC SAFETY CONFERENCE City Manager, Mr, Aiassa: This is on December 2, 3 and-4, in Sacramento, Mayor Snyder: We have more to do than we can take care of. City Manager, Mr, Aiassa: I will. table this; DISTRIBUTION OF MINUTES AND AGENDAS WHO SHOULD RECEIVE COPIES City Manager, Mr, Aiassa: I would like the Council to look at this list. I would like to hold this over to the 14th, Councilman Heath: There was a ruling made by the previous Council that these would be available if they wanted to come in here and pick them up but the Council stopped mailing all Minutes about five years ago, City Clerk, Mr, Flotten: I will check on that, TEMPORARY APPOINTMENT OF FIRE CAPTAIN City Manager, Mr, Aiassa: I have to make a temporary appointment, J. Gaines suffered an industrial accident and he will be off work .for approximately six months. The Chief would like to hire on a provisional appointment an acting captain because we need these for the shift and also for the Board of Fire Underwriters requirements. This is acceptable to me, Motion by Councilman Jett, seconded by Councilman Nichols, and carried, to authorize the hiring on a provisional appointment an acting fire captain, -46 - . C, C, 11/23/64 Page Forty -'seven CITY MANAGER REPORTS - Continued CITY COUNCIL BUSINESS CARDS City Manager Mr, Aiassa: e � W have our new seal and we had a trial run on our business cards and they will be embossed in gold, (Presented samples to the City Council and explained same,) We have suggested these cards.will be used by the Councils Commissioners and Department Heads only and the regular card will be used for all the others. As soon as our stock runs out you will have a proposal for new stationery, CONDEMNATION TRIAL City Manager, Mr, Aiassa: matter publicly until after the trial, Mayor Snyder: I talked to Mr. Montoya and he suggested we don't discuss this All right, TRACT N0, 25913 - (Opened for Resale) City Managerg Mr, Aiassa: This is a proposal to acquire 190060 square feet, They want to put it up for sale and want to know if we were interested in buying the Riding property, I told them I would bring it up to the Council, I want the record to show I have contacted the Council. concerning this matter, MAYOR'S REPORTS STUDY SESSIONS Mayor Snyder: Does anyone have any suggestions for the study session on the 21st? On the 30th we are having a meeting to begin a discussion of our capital improvements? City Manager, Mr, Aiassa: PLAQUE FOR MR, BONELLI Mayor Snyder: .10 now has the engraving on the bottom, get.a picture presenting it to him, along are most welcome. Right, We have this plaque that we were to give to Mr, Bonelli and it I will set it up so I can Any other Councilmen that can go -47- • • C, C. 11/23/64 MAYOR'S REPORTS - Continued SCHOOL BOARD MEETING Page Forty-;,�,ight Mayor Snyder: Is there anything further to be added to the agenda for this meeting with the School Board? If you have any additional items for that meeting turn them in to the City Manager, TELEPHONE RATES City Manager, Mr, Aiassa: The Chamber wants to be present when you make the report, Mayor Snyder: The discussion of this that started with the Pickering Tract, the telephone company now comes in and it becomes rather involved but they want to increase their rates thirty-five cents a month basic .rate and erase the toll call between the eastern section, We have had several meetings with them and suggested we can't hardly support such a movement because it still makes it a toll call from our City Hall and from the Plaza and everything west of there to Pomona or the Pickering Tract or any of those, We said we felt probably we could support it if they would extend the area to this western boundary which would include all of West Covina, They have indicated they are going ahead with hearings before the P,U,C, according to this other boundary and that is the steps they have taken and they are irrevocable, Councilman Jett: I think we should appear before the P.U.C. in anything in reference to the General Telephone because I think tbpv have the poorest service of any company that I have had any experience with, Mayor Snyder: Would it be possible or proper both of us protest this? for us to have the Chamber or City Manager, Mr, Aiassa: I think you should let the Chamber come forth with their recommenda- tion and the Council on the 30th can have some answers for ourselves. That wouldn't be too late to make a recommendation, Councilman Jett: Councilman Heath: City Manager, Mr,, Aiassa: Mayor Snyder: I would like to see our attorney there. I agree, I think the City should carry the ball, not the Chamber, I think we should let the Chamber come forth with some kind of a recommendation, There has been a lot of publicity about this, • I C. C, 11/23/64 MAYOR'S REPORTS - Continued WEST COVINA - COVINA AMALGAMATIOPI Mayor Snyder: Page Forty -Nine There has been a lot of publicity about our informal discussion about amalgamation with Covina. I am not prepared to make any recommendations tonight. I would hope to be prepared at the next meeting. with some recommendations on what we can do if everybody agrees to foster this thing. Councilman Nichols: The indirect information that we have had indicates that any initiative in this matter is not likely to stem from the official representatives of the City of Covina and as I understand the law any initiative in this matter must stem from citizens of Covina in cooperation, I assume, with their elected officials, I also understand that no initiative, legal initiative can stem from West Covina, the City or its citizens and therefore my feeling on this matter would be that this Council should take no action in this matter other than to indicate that we would always be receptive to any overtures that our friends in Covina might make in this direction, Mayor Snyder: There is an alternative of becoming a charter city involving both cities, I think your suggestion is the best thing to do right now, that we are receptive to discussion regarding this. Councilman Krieger: It is also true that some councils lead and some councils follow and I see nothing wrong with pursuing it in light of our original conversation which was to study this matter from various aspects and I think if we look at it from one totality or one big problem it is going to seem so great that everybody is going to turn away ,from it and say no. If we are going to have the true perspective here I would like to see us move ahead in the citizens' committees and ask them to review this seriously, the pros and cons, and unless someone takes some initiative in this it is just going to die a natural death as it has so many times in the past. Mayor Snyder: I think also you're right and I was going to suggest that the Council appoint someone to have liaison with at least one member of the Covina Council interested in this to see what we can do to foster this. Councilman Krieger: I think the Mayor of the Council should act in similar capacity. Mayor Snyder: I have a lot of arguments in favor of this. Councilman Heath: I don't think we have anyone on this Council or the Covina Council or that we can organize a citizens' committee that would have the capabilities of analyzing to the nth degree the advantages of this amalgamation. I think the only thing we could do is go to an outside concern and make this study. This would be opposed by me because I feel this City has spent thousands and thousands of dollars on studies that have been useless and thrown down the drain, This idea of amalgamation, in my estimation, on the surface isn't logical and I think anyone who has been in business,it wouldn't take them five minutes to show how it could do nothing more than increase personnel 0 25 0. -�49- C, C, 11/23/64 Page Fifty WEST COVINA - COVINA AMALGAMATION - Continued . Mayor Snyder: I personally don't accept the fact that there aren't capable men in this valley who could take up such a study. There are many capable attorneys, many capable business executives that live here plus educators that are not necessarily active in municipal affairs right now who could certianly become valuable members of such a committee, I think part of the Council should be part of such a committee and part of the staff, I will not accept the fact that all the capable people live somewhere else and that they aren't here and I, for one, would not advocate a paid study because that wouldn't fit the needs of the feelings of the people, Councilman Nichols: It would seem to me the one area I feel completely in the dark about is the procedure or procedures that are available to any two incorporated bodies relative to amalgamation. I would think it would be appropriate if this Council would direct our City Attorney to report to this Council what legal procedures are open to a city or any two cities who might desire to pursue a program pointing toward amalgamation or short of amalgamation, too® Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, to direct the City Attorney to investigate this area which would involve amalgamation of two cities or cooperative steps, joint ventures short of amalgamation involving two cities and the legal ramifications thereof, (Councilman Heath voted "No",) COUNCIL COMMITTEE REPORTS CITY ATTORNEY, MR, WILLIAMS Councilman Krieger: I received a call from the City Attorney on Friday asking me to convey to the Council and to the members of the staff his gratitude and appreciation for our concern during his illness, lie hopes and anticipates getting out of the hospital within the coming week and perhaps being returned to somewhat normal duties within two or three weeks thereafter, EAST SAN GABRIEL VALLEY PLANNING COMMITTEE Councilman Krieger: They have prepared a resolution as to Grand Avenue, This has been continued to the January hearing at our request, There is going to be additional consideration given to whether or not a priority list should be prepared rather than what is urgently needed, PERSONNEL BOARD Councilman Krieger: You have a copy of the Personnel not necessary to of the Minutes Board and it is belabor it, -50- • I is C, C, 11/23/64 COUNCIL COMMITTEE REPORTS - Continued CHAMBER OF COMMERCE Councilman Krieger: Page Fifty -One I met with the Board of Directors on Thursday and indicated there would be liaisonfrom this point on with the Chamber of Commerce, They expressed their gratification of this and I believe that some benefit can accrue to the Council as well as the Board of. Directors through this interchange of information back and forth, WATER PROBLEM Councilman Krieger: There was a meeting held last Friday afternoon here at the City Hall in which the City Manager, Mr, William Warne, Director of the Department of Water Resources, Mr, Valentine$ and myself were present, As the Council may remember, last Monday night the question was raised as to the procedural problems involved in our State water contract in the event that annexation procedures should be commenced with reference to some other district other than the San Gabriel District and more specifically, the Upper San Gabriel District, and the Metropolitan Water District, The question was posed to Mr, Warne as to whether or not Paragraph 141 of the State Water Contract which prohibits an assignment without the concent of the State would be superimposed by the State as..an obstacle to any decision of this Council regardless of its direction, Mr. Warren stated in substance that the State is particularly concerned with its contracting agencies finishing up their plans as soon as possible and that the attitude of the State is to oppose further annexations, de -annexations, raiding parties, cannibalization, from one district to another., but in the instance of the City of West Covina he appreciates the fact that we are in somewhat of a unique rosition; that he has anticipated from the very beginning that sooner or later we would annex to some larger entity for the purposes of bringing water to West Covina. His only request of this City and'of its Council is that some definite direction be established and pursued as to a course of action by this City so that we can join the other contracting agencies in establishing the procedures to bring the water to our City, The discussion then pursued another line of thought which had not previously been considered, This was brought up by Mr. Warne. In discussing the alternatives between Upper and the San Gabriel District, the question came up as to cost relative cost and to the control that our City might exercise over its own destiny in the water situation, I reviewed with Mr, Warne much of what I said to the Council last Monday night at which time he asked me whether we had given any consideration to another possibility and that possibility being a joint powers agreement with the San Gabriel Water District by which the line would be brought into our area, The joint powers agreement in substance would be between the San Gabriel District and the City of West Covina as joint venturers contracting with a third party for the purpose of the construction of this water line, I believe it is a fair sentiment of the director that such a procedure might well result in cost savings to the City of West Covina as contrasted to joining the Metropolitan and Upper District, There was no comment made or voiced by me as to the possible reception of such a course of action by the Council. I hesitate to bring to you gentlemen after these years of study in this field a new opening but the fact remains that I am duty bound to bring this information to you, I do it for your individual consideration. As much as I know about it I have. -51- C, C, 11/23/64 WATER PROBLEM - Continued ..._Page Fifty -Two • tried to summarize right now. I don't know anything more about the. other than it was a suggestion as to an additional course of action, Until each of you have had the opportunity✓to review and perhaps discuss with me this information I would prefer not -co comment further. Mayor Snyder: City Manager, Mr. Aiassa: Mayor Snyder: City Manager, Mr. Aiassa: CANDIDACY PROCEDURE I think we have the report and I think we should put it on a future agenda, We will put this on the agenda for the 21st, Put overnight parking on that agenda, too, Put the matter of water on the agenda of the 7th. All right, Councilman Nichols: Division 8, Chapter 1 of the California State Election Code requires that candidates for public office, including candidates for City Council, file a statement of election expenses and expendi- tures either by the candidate or by committees serving in his behalf. The code requires that successful candidates expending any sum of money whatsoever file such a report of have such a report filed by any committee serving in his behalf and the Code also requires in Section 99561 that any candidate or nominee if his expenses exceed the sum of $200 shall file such a report or shall have filed such a report by his committee. It is my understanding upon casual inquiry that some four candidates out of a field of ten candidates in the West Covina Municipal Election on April 14, 1964 complied with the law and filed such reports within the 35-day period stipulated. My information is that six of those candidates did not file such reports. It is my opinion that some of the candidates who did not file such reports expended funds in excess of $200 and therefore are in violation of' the Elections Code. Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, that the Council direct the City'Clerk of the City of West Covina to communicate with all candidates for the positions of City Councilmen in the last municipal election and inform them of their obligation under law in event that their campaign expenditures involved them under these sections of the code quoted. Motion by Councilman Nichols, seconded by Councilman Jett, and carried, that the City Clerk be directed to inform this Council at its next .meeting that he has done this and at the next scheduled meeting and at the subsequent regular meeting notify this Council of any response or compliance or lack of compliance with this communication. =6-2 v Co C. 11/23/64 DEMANDS Page Fifty -Three Motion by Councilman Krieger, seconded by Councilman Jett, to •approve demands totalling $49,743.80 as listed on demand sheets B179 and B180, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None There being no further business, Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that this meeting be adjourned to November 30, 1964 at 7:30 P.M. The meeting adjourned at 1:45 A.M. ATTEST: CITY —CLERK • APPROVED MAYOR -53-