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12-07-1964 - Special Meeting - Minutesis MINUTES OF THE SPECIAL STUDY SESSION OF THE CITY COUNCIL `CITY OF WEST COVINA, CALIFORNIA DECEMBER 7, 1964 The special study session of the City Council was,called to order by Mayor Snyder at 8:35 P,M; in the West Covina City Hall, ROLL CALL Present: Mayor Snyder9 Councilmen Jett, Krieger, Nichols, Others Present: Mr, George Aiassa, City Manager (from 8:45 P,M',) Mr, Robert Flotten, City Clerk 6 Admin, Assistant Mr, John Q, Adams,.,Publi'c Services Director Mr, Harold Joseph, Planning Director Absent: Mr, Harry C. Williams, City Attorney HOME SAVINGS AND LOAN Heath City Clerk, Robert'Flotten: The reason for this meeting tonight is contained in the following motion: "Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Amendment No, 5 to the Comprehensive General Plan (City Initiated) and Zone Change No. 319 (Home Savings and Loan Association) be referred back to the Planning Director for a.staff report and to the Planning Commission for a Commission report on Minutes of this meeting tonight and on the exhibits presented to the Council tonight both by the proponents and the opponents for -'a report back to the Council at a meeting held on December 7, 19640 for the sole, specific and express purpose of determining the disposition of Amendment No, 5-to the Comprehensive General Plan and Zone Change No, 319.11 This motion was made at the regular City Council meeting held on November 9, 1964, Mayor Snyder: This is a study meeting. We are here to receive the report of the Planning Commission and the staff, There will not be public p participation tonight except as individual Councilmen may wish to question members of the audience, There will not be time allowed for public partici- pation, We have a report from the Planning Commission in response to the motion by Councilman Krieger on November 9 in which this matter of the Amendment No, 5 to the Comprehensive General Plan was referred back -to the3Planning Director and the Planning Commission for reports on the exhibits presented to the Council on the 9th of November, Planning Director, Mr, Joseph: We have a memorandum to the City Council from the Planning Commission, The Commission was aware of the Council's motion and they had the benefit of the meetings the staff held with other people in the interim, both representatives of Home Savings and Loan and representatives of home owners groups, -1- C, C, 12/7/64 'HO*ME SAVINGS AND LOAN - Continued Page Two The essence of the recommendation is contained on the back of Page.2 of the first report' (Gave brief summary of the report,) The report indicates a summary as to how they arrived at this decision, the information submitted.to the Planning Commission from the Planning Department had the summary of the points made at the City Council meeting, We also supplied.the Commission copies of the Minutes 'Mr e Adams and I had• o•n. the . 17th , wi;th the home owners and the staff, In addition to that, there were. Minutes of the meeting at Pereira's office with .Home,Savings and Loan, the home owners, Mr. Adams, and myself, A member of the. Planning Department reviewed the statistics presented by the home owners at the last meeting, There were some corrections actually on our statistics but we reviewed them as submitted to you and we note there is opportunity for give and take on both sides, The Planning Commission felt it was appropriate to consider the.plan.before the Council at this time and as such maintained its former recommendation to the City Council, Councilman Krieger - on Page 3 of the Planning Department report of December 2 that we are really talking on the chart, we are talking about persons per residential area? Planning Director, Mr, Joseph: That is a typographical error, Councilman Krieger: Could you benefit us with any explanation as to the difference between this and the original report? Planning Director, Mr; Joseph: When the staff originally prepared its report of October 7 we had sets of figures that we were working with, Inadvertently one'set of figures were used on..a gross resident.ial,populatio.n while the other set was .,on a net residential population,, Councilman Krieger. On Page 5. .Item 30, under "Social Economic Zoning", the staff does not know wherethis contention comes from; "lt as contrary to every legal basi s` for: zoning"; _ Ob.viQ�ts., 'the contentian..,came from 'some presentation that was before the Council, Could .y.ou.e aborate,.or. comment here? ; Planning Director, Mr., Joseph: This did' not 'appear at the City Co'uncil:.mee,ingo,' This part of the report to the Planning Commission on Pages 1 and 2 are'the points raised at the City Council meeting, On_Paaes 3, 49.,and 5 are the comments made at this meeting that Mr, Adams and I,had.on November 1.7 with representatives of. ,the.: lioine 'owners which were submitted to you on this memorandum dated November 23, On No, 30 for the memorandum of the 23rd.we noted that the home owners expressed their opinion that zoning should be determined only on social economic considerations and we were making a comment to that comment, Councilman Krieger: Is it your suggestion that if this were one of the criteria accepted it would be illegal? -2_ I I C, C, 12/7/64 'HOME SAVINGS AND LOAN - Continued Page Three Planning Director, Mr, Joseph::. I.was making reference to the grounds wherein: zoning is a tool on the police powers was formulated as an effective guide in controlling the use of land, We went back to our sources at our disposal and found that zoning using social.economics or'other personal factors was not the solid groundwork for having zoning as a tool in'the community, (Mr, Aiassa entered the chambers.at 8.45 P,M,) Councilman Nichols: At the.time I sought office to the Cty.Council of West Covina I stated as a matter of general policy I wouldattempt to follow the recommendations of the Planning Commission,_ In'those instances where I digressed from those recommendations I would attempt to make my position clear, Tonight I am digressing from those recommendations quite substantially and will be prepared as the occasion may present itself to substantiate the reasons for my digression, I have reviewed both the recom- mendations for the'Amendment to the General. Plan of the City of West Covina and the recommendations in respect'to the particular zoning applications for the first increment of the Home Savings application, I have done some statistical work of my own and I would like to call a few of these points to the attention of the Council. The density per acre being requestd by the Home Savings and Loan institute over the entire 1800 acres represents a 22% increase over the density of the entire residential development of the City of West Covina at the present time, The percent of total dwellings for multiple purposes as defined in the staff analysis represents for Home Savings and Loan's development 74% of all dwellings to be developed in the proposal versus 25% in the.City of West Covina as outlined on Page 30 of the General Plan of the City of West Covina and the 25% for the City of West Covina, The General Plan of the City of West Covina recommends that at the maximum development in the City of West Covina that no more than 25% of the dwelling units in the City of West Covina ever become of a multiple nature of any type, The General Plan recommends for Home Savings and Loan aggregate 74% of the number of units developed over a 1800 acre development, The City of West Covina by pro- jection, the percent of people living in multiple developments in the City of West Covina would be 17% at its maximum development. The number of people living in multiple units in the Home Savings and Loan development by projection through the entire 1800 acres would be 0 68 0, Coming now to the first increment of this development, the persons per residential acre living now in the City of West Covina is 180, The persons per residential acre projected for the Home Savings and Loan development in the first increment are 289 a 55% increase over the 350 acres, The percent of dwellings in the multiple developments are 25% at maximum develop- ment in this City, The percent in development of the first increment of Home Savings and Loan institution is 82% in multiple development, -3- C, C, 12/7/64 'Hd'ME SAVINGS AND LOAN Continued Page Four The percent of people, I would remind the Council, at maximum development in the City of West Covina according to the recommendations of the General Plan is 17% of the population of this City, In the first increment of this proposal the projection is 79% of all of the people in this City of the additional 1800 acres reside in multiple type developments, I would like to inform the Council that in the entire 1800 acres of this proposed development 195 acres out of the 1800 acres are proposed to be zoned for medium density housing, In the first increment of this representing only one -sixth of the acreage, 50% of the total projected allottment of medium housing has been requested for this development, where as only 36 out of 573 zoned R-1 acres are being proposed for R-1 development in the first increment representing 6% of the potential, We have talked over the past years a great deal about our General Plan, The General Plan has stipulated that the General Plan itself is not a law, that it is subject to modification, Certainly this I would concur with but I believe the Council would concur in the thesis that the General Plan is a guide; that the General Plan does express a philosophy of development, The staff of this City in prefacing all of its remarks in the publication presented here came to the very root of this matter when it stated that the entire matter is predi- cated upon whether or not this Council wishes to adopt the philosophy of an increased density of land usage and if so, then the specific proposals for development meet no objections from our Planning Department, It is my position that although our General Plan is a guide that it does express a philosophy and that that philosophy is that the City has been, is, and should continue to be basically a community of single family residences, It was on this platform that I sought office to the City of West Covina and it is in this believe which I concur with and maintain today that I could not and do not support the proposals neither to modify the General Plan in this concept nor to approve the first increment as proposed, Councilman Krieger: I appreciate that Councilman Heath, Councilman Jett, Mayor Snyder and myself as well have not really expressed our feelings about this matter but I do sense a certain amount of frustration in the opportunity given both to the proponents and the opponents at our last meeting to express their views. I would think this is such a matter of substance and importance to our decision and to our reflections.on it that although this is a study session of the Council we might properly extend an invitation to those who are with us tonight both for and against to enlighten us further with matters of substance pointing to their views for the amendment and the requested.zoning, Mayor Snyder: I received an opinion from the City Attorney on this today, City Manager, Mr, Aiassa: The Council can only hear testimony but you cannot take any action, -4- Co Co 12/7/64 Page Five HOME SAVING'S AND LOAN Continued' Mayor Snyder:-.S'ince.:this is ;not a public hearing I think if one side is ,going to make comments then, the other side` sh'ou.ld have come here prepared to make comments t think we �shoul�d• ask them ;if they would like to make commentsa Councilman Heath:, I.would.;1ike to ask questions before 4 a motion is. put on. the floor`, Mr, Joseph; 'we 'have heard, in this rept�rt, 'mariy`.numbers., conce"rnirig density and there, -have been • numbers''quoted' in your report and` quoted ''orally tonight 'of. such, things as 1-8 ,.. per, acre an'dd' 28 per 'acre,' e•t''cetera; If this is a comparison ! of the first. increment; of Home Savings against the entire City of West Covinaas an average; I,don't,thln'k it'is a fair comparison,. We.:have to admit zn'the'City proper shown on the General Plan if you Went to the northwest.corner of the City there would be'a higher density. per acre,'than if,wewent:: to the southeast corner, If you are•, 'going tomake, a . cr'mp'arison.. of persons per acre on this increment it should be compared, to a like inorement.in the City of West Covina rather than an overallaverage, s In' the proposal by Home Savings they start with small lot.size at the south end of the tract and proceed to.A ,larger.,lot,s.ize,,As they.,go to the Inorth, This is their highest density,-Therefore,.to, :compare this to an'average,of our overall central .City, I don e't think 'is fair. , In these comparisons, is it density of this first increrent:whzch is'the highest density in this development compar�ed`to an average of the. entire central section of our City? Planning Director; Mr, Joseph: No, The only comparison made along those lines were of the general plans themselves, The number of residential acres in the 1962 General Plan was divided'in to the 'projected population,' Councilman Heath.. At' the.present time this central section of the City comes up with approximately 18 per acre, Has the Planning Department predicted the number of persons per acre in the City..proper. in -approximately 1.970? Planning Director. Mr, Joseph: They have not up to this point, Councilman Heath: The Home Savings plan is a plan which is•expected to.take five years and may take;.1 even, and at. ,t) — .time, .it. will have a certain density .and:the City'of:West.,Covina`proper ha's 18 now and by 1970 we will have much heavier density,than 18, Planning Director Mr'; Joseph: I can't say "Yes." to either point, I don't„know what the exact density %s at the present time, Councilman Jett: Have'.you a projected •figure of .the population `that would be,, the ultimate density of the'City? I E C, C, 12/7/64 HOME SAVINGS AND LOAN _ Continued Page Six Councilman Heath: At the time we accepted the General Plan there was a projected 67,000 ultimate population, Since that time there have'been,additional '. annexations of land that could somewhat effect that percerrtageg too, Planning Director$ Mr, Joseph: In 1962, projected in the General Plan was 330 acres devoted to residential use, Anticipated on that number of acres:with 67,000 people any further annexations or change in land is as opposed to what is shown on the General Plan or any other consideration that would effect the number of persons would occupy a certain geographical area. We are comparing the 1962 figure's and comparing them with the guide presented by Home. Savings and Loan in 1964, Councilman Krieger: Move that the Council reopen the hearing for the purpose of giving the proponents$ the opponents$ and then rebuttal time at the discretion of the Chair on the matters now pending before the Council .. with reference to the application of Home Savings and Loan Association,, Councilman Heath; Will the Chair ascertain whether both sides feel this is fair or not? Mr, Graham Ritchie: We have people here for the purposes of answering questions. My concern is that you had an advertised public hearing as required -under the code for a zone change and that was closed by the Council, Certainly people -may have gone home on either side of the question at that time thinking the public hearing was over with, There has been no notice to these people in your City that a new public hearing or a.further public hearing may be held and I question whether it can properly be held at this time without due notice to the property owners, We are not here prepared to make a presentation for this plan, We made several presentations up to this time, We are here to'answer 'questions, City Manager, Mr, Aiassa- This is not an adjourned meeting. Legally, you are not even meeting as a Council, You are hearing a report from the staff on their findings on the material submitted at the public hearing, Mr, Chuck Dowding: We have been roughed up before because of legal procedures,, I would suggest that we readvertise the hearing. We have significant testimony that we want to brine before the Council, We think it is important that the Council see:.all this evidence but I wouldn't want to mess around with the legal details,, I would recommend you repost the item and give everyone the opportunity to show up, I don't recommend proceeding with this legal haze, We are prepared to give a presentation but we won't if there is legal haze associated with this application, Councilman Heath- If this -is opened and readvertised at the request of one side or the other and we open it up and have testimony pro and con, after the hearing is closed it is no more than right that the opposite side can come back and say they want to reopen it again and we have to readvertise and reopen possibly one, two, three more times,, The law provides us 5.2 C, C, 12/7/64 HOME SAVINGS AND LOAN m Continued Page Seven with a procedure whereby we have a public hearing and we have abided by this procedure and given people ample opportunity to speak, I think now we should proceed with the hearing, receive this report and at the next Council meeting make a decision without opening this up further, Mayor Snyder: I think we could ask questions as Councilmen from participants in the audience but I don't think we can really open it up as a formal hearing, Councilman Jett: The question in my mind is this: The matter that is before us at the present time is the amendment to the'General Plan and the request for zoning,_ Any information that might be given that would effect the first increment that was mentioned here could this materially effect legally our position? Mayor Snyder: because we haven't heard it yet, I would caution the Council on discussing the first increment Councilman Krieger: What I am concerned about is a matter of semantics, I don't believe that either the proponents or the opponents at our last public hearing had the opportunity to present their full views, I. heard the views of the proponents and the opponents at the Planning Commission, If this Council is going to be asked to make a decision in these areas and we have the ultimate decision, we must make it and we should have the full benefit of whatever presentation that can be made, I understood this to be a study session, I would think in a study session we should have the opportunity to have whatever information that is available to be. made available to us and I really don't see where we have to necessarily engage in a semantic argument as to whether or not this is reopening a public hearing or anything else, I construe it simply as a study session and I am less concerned with the form of the testimony, I think if we are going to spend our time fruitfully we should have as much information brought out in the open tows as possible whether we call it reopening the hearing or whether we call it a bull session or whether we call it a study sessionq or whatever., Councilman Heath: This information has been stated to have been given to the Planning Commission, Why do we have to hear it again? We have the Planning Commission's comments and it is our duty to read those Minutes and we have all that information, Councilman Nichols: Although the sentiments I have expressed I would have some vague idea might disagree slightly from the sentiments Mr. Heath might express, I certainly would go to the point now of concurring with the expressed sentiments of Mr. Heath now, that there have been hearings held. If there is additional information that any people in the. audience wish to convey to individual Councilmen they are at liberty to do it at any time, For myself, I would not vote to authorize additional public participation in the meeting tonight and I say that in light of very positive statements I have already made here, ME C, C, 12/7/64 HOME SAVINGS AND LOAN - Continued Page Eight Mayor Snyder: Councilman Krieger's motion dies for lack of a second, Does the Council feel this report is complete enough to allow them to come to a decision? Do you feel any questions to the audience are not necessary at this time? I would like to ask Mr, Dowding this: You have indicated you have new evidenced I am not asking you what that new evidence is, I want to ask you this: Do you feel this is new evidence that you had at the time of the previous meeting but were not allowed to present it because of time limitations? Further, is it actual new evidence or a further interpretation of the facts we already have? Mr, Chuck Dowding: At our last meeting over 500 of the information that I wanted to present I was denied because of timing considerations, Home Savings and Loan is not quite a third of the City, It is the biggest application we have had in years, At the last hearing we did speak to the amendment and the zoning, Our testimony was limited in time, We didn't have the information from the Planning Commission until after the night of the last hearing, Mayor Snyder: You do feel you have evidence you were not able to submit because of time limitations? Mr, Chuck Dowding: Very definitely, Councilman Heath: In our zoning ordinance, where does it specify the number of persons per acre? Planning Director, Mr, Joseph: It doesn't specify the number of persons per acre, Councilman Heath: But it does specify lot size? Planning Director, Mr, Joseph: Yes, it does, Councilman Heath: Before us tonight in this plan the amendment to the General Plan we are talking about lot sizes and not persons per acre? Planning Director, Mr, Joseph: You are not talking lot sizes in the General Plan, Councilman Heath: The zoning before us tonight has to do with lot sizes? Planning Director, Mr, Joseph: No, The zoning has to do with the use of the land, As.it stands right now, the area under consideration is Area District I, Area District I would call for approximately 7500 square foot lots, Whether the land were zoned R-1. R-2 or R-3, the minimum dwelling unit size would normally say the same, The question of dwelling units and lot sizes have come up to the Planning Commission in other applications related to this proposal but it is not before us this evening, WE C, C, 12f7/64 HOME SAVINGS AND LOAN m Continued Page Nine Mayor Snyder: I think the real area of concern is this proposed amendment to the General Plan which is proposed to this area, is it compatable with the General Plan already existing or does it jeopardize that General Plano That is the essential issue before us, I think there may be unique factors in this development that would allow some variation and I think this variation can be allowed'as long as it doesn't jeopardize our present General Plan, I personally think we have enough information before us in the statistics we have to go back and go through our figures and come back on the 14th-and be'able to make a decision on this, I don't see that much more information is necessary, Councilman Nichols: I concur, Councilman Heath: I would agree, Mayor Snyder: We will be receptive to receive additional information on an individual basis, WATER PROBLEM Councilman Krieger: I would like to direct the Council's attention to this matter of water, I reported at a late hour three or four weeks ago on a meeting that I was at where Mr, Warne and Mr, Valentine of the State Department of Water Resources and Mr, Aiassa discussed the possible courses of action this Council may take in the future in the water situation, Just to review briefly the comments that were made at that meeting by Mr, Warne,. let me say this, The Council after our meeting with the Upper San Gabriel group suggested that if I had any questions about Metropolitan's attitude with regard to annexation I was invited to sit down with Mr. Jensen and I accepted the invitation of the Council and Mr. Jensen accepted my invitation and I had such a meeting, When I reported back to the Council as to certain opinions that I had at that time as to the various courses of action that were open to us the Council suggested that I might exercise a similar opportunity and meeting with Mr, Warne of the State Department of Water Resources and Mr, Warne happened to be in Palm Springs and on his way back was kind enough to stop at the City Hall and give us.the opportunity to discuss these operations and alternatives with him, Specifically, as you remember there is a contractural provision in our contract which prohibits without the consent of the State the assignment of our contract rights to any other.body, Mr, Warne indicated that the State recognized and appreciated the unique problems here in West Covina and that they would not impose any artificial obstacles to the assignment of this State water contract but the State was most anxious for West Covina to chart a course of action and to proceed accordingly9 that as one of the contracting agencies with the State it was imperitive for the City of West Covina to manifest its destiny in this water situation; that the State had always anticipated that we would ultimately join with some larger entity and was not trying to influence our decision as to what association or group we might align ourselves with, The C, C, 12/7/64 Page Ten WATER'PROBLEM Continued prime question was answered by Mr, Warne. that the contractural provision in our contract with the State does not represent any obstacle to the free choice that this Council might exercise, Then Mr, Warne and Mr, Valentine offered a further observation as to an additional option that might be available for our consideration and in reporting it to the Council the last time we discussed this water matter I did not suggest it to the Council; I submitted it to the Council for your consideration,_ This alternative or fourth option was we might enter into or begin negotiations toward a joint powers agreement with the San Gabriel Water District for the purpose of constructing the necessary pipe line facilities, He only outlined what form this might take and that would be for each entity, the City and the San Gabriel District, to contract with a third entity who would do the actual construction work of the line, He commented that this might be feasible with the San Gabriel group while he did not believe that there would be any manifest interest -.on the part of the Metropolitan Water District to contract with the City of West Covina for this purpose, I think that is a realistic analysis of what the position of Metropolitan would be in this particular field, It does open up an area of dis- cussion at least for this Council to consider, Therefore, we have before us as I see it the following possibilities and that is to do nothing in this field of water other than proceed with the contractural committments we have with the State, Secondly, to go ahead in spirit with an annexation election to the San Gabriel District, Thirdly, to seek concurrent annexation to the Upper District and to the Metropolitan Water District upon certain terms and conditions that this Council would predetermine as a basis for our annexation. And fourth, this suggestion by Mr, Warne that we at least consider the possibility of a joint powers agreement with the San Gabriel Water District, Now let me amplify one of the problem areas as I see it with the San Gabriel District, I believe it is one of the major problem areas that we have and that is the problem of convincing not only ourselves but the people that are going to be asked to vote on this annexation as to the merits of such an annexation and more specifically, the fact which is a fact, no one can dispute this, that the San Gabriel group does represent a minority group, This has in many people's minds a financial advantage that we ought to seize but it is equally indisputable that there would be great forces and organized forces at work in opposition to such .an annexation election and specifically would refer to those giving their allegiance to the Upper District and to the Metropolitan Water District I would par- ticularly concern ourselves at this juncture with the psychology of trying to convince the electorate that cities as geographically separate as Azusa and Alhambra and Monterey Park and Sierre Madre are more closely atuned to our ultimate interest in the water situation than those of all our surrounding cities and those 130 other cities that are annexed to through their districts the. -Metropolitan Water District, In substance, what I am saying is this: As a sales job it would require a magnificent effort to convince the people who are voting in such an election that our best destiny does lie with the San'Gabriel group, One of the advantages in our consideration of the joint powers agreement is that we would -10® I • C, C, 12/7/64 'WATER' PROBLEM - Continued Page Eleven not be faced with such an election, There would be those who would say this is something the people should decide but I am wondering after spending eight months of somewhat conscientious effort in this field whether or not I and the rest of you who have been in it equally as long or longer are not also in a position where we might be able to exercise a little better knowledge as to what we are talking about so that if the Council individually or collectively are convinced that the cheaper way, the ultimate way is with the San Gabriel group, then I would suggest to that Councilman or Councilmen or the Council that they might well consider as an alternative to that a joint powers agreement with the San Gabriel Group by which we could forego the necessity of such a hazardous election, I don't know whether this would work, To editorialize, I am concerned with.the capacity of the San Gabriel group to pull this thing off, In fairness to Mr, Warne's observations, Mr. Warne and Mr. Valentine seemed quite convinced in their minds that the San Gabriel group had it within their capacity to do the job but we have had the benefit and the opportunity to meet with some of these people, to analyze other factors than just what might appear in reports and papers and what we have heard and what we have seen as far as the past record is concerned, and all these factors have to be weighed necessarily in arriving at our decision, As long as I have had the unsolicited benefit of serving on this water committee and evaluating this and this meeting with Mr, Warne I have given additional thought to it, Although this represents an option that we can and should consider it is not an option that I care to exercise, My feelings and opinions are not materially different than as I last expressed them to the Council on this subject of water, Mayor Snyder: We don't know that the San Gabriel Water District would agree to a joint powers agreement, Under such an agreement I think we need to know if we were to go this route could we and is there market enough for the water to pay for the cost of the line, the State contract, plus the administrative costs since obviously any bond issue we pass under this agreement would be a direct City tax and we would, in turn, be selling the water to the companies. Would we get enough back in revenue from the water to pay for the cost of the aqueduct plus the cost of the contract itself? I know.I can't get an answer on that tonight, Councilman Jett: because they have access basis at the present time a court decision I don't Mayor Snyder: Councilman Jett: interesting because recommendation that the majority of the over our future as give us a voice, I think you would have a difficult time selling it to the agencies to it underground, the underground water and unless we went to court and obtained think we could charge them for it, The best way to use the joint powers agreement is if we owned our own municipal water company, This would solve a lot of problems. This joint powers agreement sounds it would accomplish one of the phases of the was made by myself and the observation of, I think, Council and that was this would give us some control far as the water is concerned, It would at least -11- Ca C, 12i7/64 Page Twelve 'WATER PROBLEM - Continued Mayor Snyder: This makes even more important our engineering study on the acquisition of a water company, It seems to me we are almost compelled to await that conclusion because I think that would throw a different light on the different alternatives, I don't think we are going to have too much longer to wait for that report, Councilman Jett: I have not had any factual informa- tion thinking of the facts we used in making our determinations and I haven't had anything to change any of the facts presented to me except this alternative, I think the alternative is a good possibility but the six points on which we made our decision is the thing I think of, Councilman Heath: As you all know, I have followed this water deal for six years and I have heard all types of arguments pro and con, In all of these reports that have been presented to you I think you can make numbers come out any way you want. I feel that there is not a man on this Council or any of the consultants that we have talked with on either side of the fence who can give us an accurate story on what this water is going to cost regardless of which route we go. I sincerely feel that regardless which way we go the water is going to cost approxi- mately the same and all the numbers we have so far are erroneous, My feeling comes down to this: Why do we have to be an oddball? Why do we have to do things the hard way and go for some Mickey Mouse contraption of bringing water in to this area? Let's face up to the issue and be an conformist instead.of a non -conformist because for being a non -conformist what advantage are we going to have? I can't see that we will have any advantage, Mayor Snyder: I agree you can make numbers come up any way you want, particularly on these studies, but I think when you ask a professional engineering group to come up with recommendations, their numbers, although there may be some shifting in statistics to fit their conclusion, if you hire a reputable firm they will come up with recommendations on the facts as they see them, Again, these are professional recommendations, My statement that the recommendations on our being able to form a municipal water company merely means this: That since there is this other alternative open we may be able to fit this in should the feasibility of a municipal water company prove to be true, I think we are going to have to depend on the numbers presented by a professional consultant and in the matter on recommending a municipal water company, I am not saying the whole weight of the evidence would be foregoing under the joint powers, Even if we do form a municipal water company we still may want to go Upper or San Gabriel, If we are going to throw out the recommendations of the engineers and merely make our decision from the top of our head then I think the whole weight of the evidence is with the San Gabriel. Water Company because obviously the Upper San Gabriel Valley Water Company and the Metropolitan Water District are being asked to pay for something from which we receive no benefit. -and will receive no benefit but we are being asked for something that goes back forty years and that is the water we received from the Colorado River, You don't have to pay for that under the San Gabriel District, Mr, Warne has indicated unofficially it is obviously cheaper to go San Gabriel Valley Water, All of our engineering reports have indicated this, The only question here is how sure it isy and the obstacles in putting it through, -12- Ca C, 12/7/64 WATER PROBLEM - Continued Page Thirteen My responsibility to the voters in this matter it seems to me is a pure matter of economics, Right now I would prefer to wait for the report of our engineering firm, I may very well agree to go with you on the Upper San Gabriel Valley Water at that. time. I would not agree at this time except to go along with the majority of the Council, Councilman Jett: I think you expressed my opinion, I think one of the problems here is we are afraid of the job of trying to put over this election. If we can't sell the people on an election to something that will save them money, how can we sell them on a nine -million -dollar bond issue? Mayor Snyder: If you were to put both of them on the ballot at this time a very practical consideration is that the initial tax right off the bat with the Upper as compared to San Gabriel would be a big deciding factor, Councilman Heath: I think there are three points that are important and should be brought out, I hope Mr, Jett received the right interpretation from this group that he met with because some of the members he has talked about here I have received a different opinion from them, Secondly, on these reports it shows us that it is cheaper to go a certain way up until 1990 and beyond 1990 it is cheaper to go another way, What expert can tell us with all the facets we have in water what is going to happen three years from now let alone 1990? We are waiting for a report before we make a decision concerning the feasibility of buying a water company, I have heard that this is a lucrative business, You are making money on the citizens of West Covina, I don't feel we should take -money away from people and hand it back to them and think we are doing them a favor, Secondly, I think the City should stay out of the enterprises such as this because the City is supposed to be a service organization and not a money -making organization in a gigantic enterprise. The services we have in our City government should be limited to services and not the actual construction of these large projects and servicing large projects which can be given to free enterprise, Mayor Snyder: The purpose of setting up.a water company is not to make money on the citizens of West Covina; it is to serve them better cheaper, Whether you can do this or not is debatable but I feel that it is, Secoridly, the argument debate on whether water companies are more properly a free enterprise than a municipally operated system I thought is pretty well seized, It is accepted that it is proper for municipalities to run their water systems, 60% of the cities in California have municipally operate water systems, My judgement is not being made so much on the future estimate as it is on the past, I feel if you forget all the engineer's reports and look at it as it stands in going Metropolitan and Upper San Gabriel you are being asked to pay for part of a system which is a system to bring water from the Colorado River from which we never benefited and from which we will not benefit. That is the whole difference right there, Councilman Nichols: I would tend to take issue with the last statement that we cannot and never will benefit from a system that we will be paying for. I recall reading recently that the Secretary of the Interior was flitting about -13- C, C, 12/7/64 WATER PROBLEM - Continued Page Fourteen the western states recently urging a regional water program which Governor Brown immediately commented upon which'advocated the dumping of water by very large ambitious program into the upper Colorado River and ultimately delivering it down the length of the Colorado River to the water users on the lower end, even ultimately to the benefit of our good neighbor to the south, Mexico, so I think it is possible that this dry ditch conceivably could be�reamortized in some fashion to be of benefit yet to the southlan,d, Mayor Snyder: You are going into the future and I am making my judgement on the past, You will be paying taxes for what happened in the past, I would not be opposed at this time to approaching Metropolitan Water District to ascertain whether we could still obtain the Historical Formula, I think we need that information, Councilman Heath: If I interpret this discussion correctly, you, Mayor, are the one who feels you need additional information before you are ready to take a vote, If I read further I believe four other members of the Council have about made up their minds and all this discussion is just a lot of lip service going back and forth and I think we could take a vote on this thing at the next regular meeting, Mayor Snyder: I thought Mr. Jett and I would like to have you wait until this study comes in, I have always felt we should keep all avenues open. Our responsibility is to get the best system for our citizens within the limits of practicality and possibility and no agency if they are a public agency can take punitive measures to any Council who does that in a responsible manner. To say Metropolitan Water District would get angry if we continued to keep avenues open with San Gabriel Water District may be true but they are not operating under the law if they do this; They have to accept the facts as they are laid down in the law and not what we did politically so we have a right and a responsibility to keep all avenues open, I am merely saying we can approach them again as we have always explored all avenues and attempted never to cut off any of these avenues until we had to, Councilman Heath: We have been waitng for certain reports, et cetera, for the past seven years, Mayor Snyder: I am saying take certain steps along the route you people have advocated but don't cut off the other one, Councilman Heath: I feel if you are going to take one avenue of thought you are going to have to cut off the others to show your faith, Mayor Snyder: You haven't convinced me enough yet that this is the proper way to go, enough to cut off the others, -14- I 0 C, C, 12/7/64 'WATER' PROBLEM 'Continued Page Fifteen Councilman Heath: The previous Council made a certain recommendation to go a certain route and it was against my better judgement but I went along with it for unity, I think we should take a vote at this time and make a decision and let the majority rule and we all go together on that decision, Mayor Snyder: This will be up for discussion on agreement with San Gabriel Water, the 14th. We had a gentlemen's They have kept their faith with us in informing us of everything that has happened and I think we should not just let them go on what they read in the newspapers, that Mr, Krieger should inform Mr. Wood of our thinking at this time, DEPARTMENT OF EMPLOYMENT LETTER Mayor Snyder: I think you all have copies of this letter stating they will give their decision on December 16th at 10:30 A,M, in Sacramento. I think Mr, Seeds from the Chamber is going and Mr, Ebiner and Mr, Tambe tentatively are goingm I think a Council member should go, too, Councilman Heath: I would like to see the Mayor, if it is at all and one other Councilman, You can rest assured frompour 1previouusble. togexperience that our competitive city is going to pack that place and I think it behooves us to have at least two members of the policy making group there to show our interest and desires, Mayor Snyder: Councilman Jett: Mayor Snyder: AUDIT - WEST COVINA DISPOSAL BOOKS We should be prepared to authorize that on Monday night, I agree with Councilman Heath, I can make it if it is necessary, City Manager, Mr, Aiassa: I have a firm that has done two audits in other cities and they are willing to do it this week, They charge approximately $16,00 an hour but we probably won't use more than six or eight hours, He is willing to go to Mr, Thorson's headquarters and go through their books with the auditor, Mr. Thorson has agreed and the appointment is set. This will come up to be confirmed on the 14th. I just am advising you of this at this time, LEAGUE OF CALIFORNIA CITIES COMMITTEE HEARINGS City Manager, Mr, Aiassa: Bill 1716, Assembly Bill 2334 is Assembly Bill 1617 is government going to have a hearing and this (Read report re this matter,) This is on Assembly Bill 2334 and Assembly Public agencies open meetings and agency news coverages, They are will give you an opportunity for you -15- C, C, 12/7/64 Page Sixteen LEAGUE OF CALIFORNIA CITIES (COMMITTEE HEARINGS) - Continued to discuss the two proposed bills, They are now under review, One involves Section A,B,2334, adds a new section to the Government Code to provide, "All meetings of any committee or subcommittee of a legislative body whether or not composed of a quorum shall be open in public and all persons shall be permitted to attend any meeting of such committee or subcommittee except during considerations of matters as set forth in Section 54957," Mayor Snyder: I think we should authorize someone to go, Councilman Jett: I think we should definitely oppose this. Mayor Snyder: We should send a Councilman, Mr, Jett, will you go? Councilman Jett: I will go. Is there any way to have a resolution passed to go along with it? City Manager, Mr, Aiassa: As long as you are authorized to speak in behalf of the Council, I think that is all that is necessary, Mayor Snyder: The Council can be polled for authorization tomorrow, City Manager, Mr, Aiassa: (Read report re Assembly Bill 1.7.169 radio and television broadcasts,) They are recommending you should have the same rights as the Assembly and the Senate or any other legislative body. It is to be heard on the same date, same place, same time. If they want to permit these radio and television broadcasts in all meetings then you shouldn't be exempt either, Councilman Jett: Mayor Snyder: LEAGUE OF CALIFORNIA CITIES COMMITTEE APPOINTMENT City Manager, Mr, Aiassa: 0 COUNCIL REPORTS DELIVERY OF COUNCIL MAIL I think we should have this right, I do, too, You all have copies of this letter, This is just for your information, Councilman Jett: About a week ago my wife and I were I out for the evening and after eleven o clock a police officer drove up to the house, rang the bell, my daughter was alone and she opened the door and they delivered my mail from the Council, Why that time of night, I don't know, I asked for a report on it and Mr. Windsor wrote me a note saying the mail was -16- I 0 C, C, 12/7/64 'DELIVERY OF COUNCIL MAIL 'Continued Page Seventeen picked up by the Police Department before five, There was no reason or excuse for such a late delivery, I will be notified of. Mr, Sill's findings on this matter, Saturday night my daughter was at the skating rink and I was to pick her up at twelve o'clock and I went out to get in the car and the police car pulled up again and stopped and the man got out and gave me my mail, This is ten minutes of twelve, I contacted some of the others and they got their's in the daytime, Why did I get my mail at midnight? Mayor Snyder: I think we should have provisions to have a place to put this mail if we are not at home, City Manager, Mr, Aiassa: This happens only once in a while, Normally we don't have the Police Department delivering mail, I will make specific instructions that the mail only go out during the daylight hours, Mayor Snyder: City Manager, Mr, Aiassa: SISTER CITY FOUNDATION I think we should find out what happened here, I will look into it, Councilman Krieger: There was a meeting of the Sister City Foundation By -Laws Revision Committee Thursday evening and the Council delegated me to attend that meeting and there was some discussion a few months back about the functioning of the Sister City Foundation, As each of you know you have made an appointment to the Sister City Foundation designated as a Sister City Commissioner, That is pursuant to the By -Laws of the Sister City Foundation which provides the Executive Committee would be made up of 11 members, five of whom are Sister City Commissioners appointed by each individual Councilman, one Commissioner per Councilman, There has been some difficulty experienced by each of us in this system and as a result not only Of our comments but their own feelings they had this By-laws revision meeting and there were three distinct points brought up effecting this Council,.. The first is the By-law Revision Committee is prepared to recommend to the Board of Directors of the Foundation a revision in the By-laws which will provide that the City Council shall have the right to appoint not less than one nor more than five -- the City Council, not the individual Councilmen, Secondly, that the designation will be changed from "Commissioner" to "Delegate", Thirdly, that the Sister City Foundation will prepare and submit to the Council quarterly a financial report indicating their status and also a report as to their activities so that we can gear our appropriations to this report the same as we do with the Chamber of Commerce, I would like to recommend to the Council each and all of these changes so that the representation in the future will be from the Council sitting as a Council to the Sister City Foundation and that the confusion in designation be eliminated -17- Ca C, 12/7/64 SISTER CITY FOUNDATION - Continued Page Eighteen and that we have periodic reports from the Sister City Foundation as to their activities and their financial status, Mayor Snyder: We can bring that up on the 14th, Councilman Heath: This Sister City program is a people -to -people program and is not responsible to the Council, does not work at their direction, is not connected with the Council in any way except that should there be visiting dignataries that the City Councilmen will greet these officials and that it give its moral and financial support wherever possible to make this program become effective. We can ask for these reports and should have them but only to the extent for informational purposes and I would like to reiterate that the basic idea of a Sister City program is not to act at the disposition of the Council nor take directions from them, In light of this I think this movement of one to five delegates is a good idea and I also think these reports should be made'to the Council purely for informational purposes -but these delegates should only act as a messenger carrier but not to carry instructions to our Sister City Foundation, Is this the general concensus of the rest of the Council? Councilman Nichols: I believe so, Mayor Snyder: I would agree with you that the Sister City program is a volunteer organization and not set up to be at the disposition of the Council. However, by its very nature they do tend to be a body that represents in some respect the policy of the City and the image of the City, I think in that respect we have a responsibility to have some say in their proceedings and policy, Without any control at all any volunteer organization could go off in any direction and give us a terrible image and we need to participate in it within reason because they do represent the image of the City, Councilman Krieger: I th' k in we are all saying the same thing; we want to participate but we don't want to control; we want to be informed and we don't want to dictate and we are all talking about the mechanism to correct that now. I will bring this up again on the 14th, BRIDLE TRAILS Councilman Heath: The Council agreed to let me do work on the riding trails throughout the City, I would like to report that the property on the west side of Barranca and adjacent to the Wash which is known as the Hircon property, there is a court action pending where the Ridge Riders have slapped proposed easements all over the property and it is scheduled to go to court, In the meantime the owner of the property has purchased from the flood control a strip of land along the Wash approximately 10 feet wide all the way from the pump station to Barranca for $39700 to be made available to the riding groups and I believe this will settle the court action that is pending and will satisfy the riding groups and will satisfy Mr, Hirsh, There is still further action we are trying to get whereby the Flood Control right-of- way can be used for these riding trails in different areas, C, C, 12/7/64 Page Nineteen CO'UNChL REPORTS - Continued HUNTINGTON BEACH FREEWAY Mayor Snyder: I had a meeting with the Plaza merchants, It ended by them not coming out and officially endorsing our stand on the freeway but they are going to set up a Traffic Committee and they did make a motion or resolution to support us and work together with us on the freeway, I think that is essentially their conclusions, LETTERS TO THE CITY COUNCIL Councilman Nichols: When letters come to the City addressed to the City Council rather than to the Mayor, letters to the City Council, who responds to these letters? City Manager, Mr, Aiassa: Normally copies are sent directly to the Council and the Council disposes of them, I usually ask the City Clerk to answer letters that don't require Council action, Councilman Nichols: What about letters that come into the City addressed to the Council that do not require a Council action? Is this automatically a response of courtesy and acknowledgement of those letter? City Manager, Mr, Aiassa: I go over these and if there is a final disposition taken on them we take care of them, We normally acknowledge that the letter has been received and copies given to the Council, Councilman Nichols: It would be my feeling that even a letter that would say "I am against it" and a name signed, if it is a citizen addressing the Council of the City that there should be at least an acknowledgement of the receipt of the letter, Councilman Jett: I think it should come from the Mayor or the City Clerk, Councilman Nichols: I would agree with that, Mayor Snyder: I think Mr, Windsor in his role as secretary to the Council can take care of this. Most of those letters do hit the Council floor, Councilman Nichols: I think every letter should be acknowledged immediately after its receipt and if there is later action to be taken we can take that action, JIM'S WATER WHEEL Councilman Krieger: Can we expect a report from the City Attorney before the 14th regarding the legal status and our stand on Jim's Water Wheel, in writing? -19- I 0 C, C, 12/7/64 'JI'MBS WATER WHEEL Continued Page Twenty City Clerk, Mr, Flotten: I talked to Mr, Newell and he will write a report for the Council, He will get it to us before the next meeting, There are two things involved here, One is the hearing before the A,B,C, and the other is the hearing on the cabaret permit and a third is the revocation of the license, The cabaret permit is coming up January 4th in court, We have rescheduled our hearing on revocation of the license to January 11, 1965, STUDY SESSIONS Mayor Snyder: Councilman Krieger: Mayor Snyder: We have some nights open for study meetings this month, We have one set up for the 21st, Let's make it an adjourned meeting, All right, There being no further business, Mayor Snyder adjourned the special study session at.11:05 P,M, ` -20-