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12-14-1964 - Regular Meeting - MinutesT I d MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA DECEMBER 14, 1964 The regular meeting of the City Council was called to'order by Mayor Snyder'at 7:40 Po M. in the'West Covina City Hallo Councilman'Krieger led the Pledge of Allegiance, Councilman Jett gave the invocation, ROLL CALL Present: Mayor Snyder, Councilmen Jett, Krieger, Nichols, Heath Others Present? Mro George Aiassa, City Manager Mr. Robert'Flotten, City Clerk & Admino'Assistant Mr. John Q. Adams, Public Services Director Mr. Harold Joseph' Planning Director Mr. Dwight Newell, Acting City Attorney Absent:. Mr. Harry Co Williams, City Attorney APPROVAL OF MINUTES November 9, 1964 - Approved as corrected as follows: City Clerk, Mr, Fbotten: On Page 24 there is a motion with respect to Tract No, 30179. The motion was made by Councilman Krieger, not Councilman Heath, Councilman Heath: My vote was "No" on that tract. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes of November 9, 1964 be approved as corrected, November 23, 1964 - Approved as submitted as follows: Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes of November 23, 1964 be approved as presented, CITY CLERK'S REPORTS PRECISE PLAN NO, 405 LOCATION: Northeast corner of ACCEPT STREET IMPROVEMENTS Center and California Reliable Savings & Loan Association APPROVED Accept street improvements (side- walk and driveway reconstruction). Authorize release of Pacific Indemnity Company bond No. 252087 in the amount of $1,650.00. Staff recommends acceptance and release of bond., Motion by Councilman Heath,.seconded by Councilman Krieger, and carried, to accept the street improvements in Precise Plan of Design No, 405 and authorize release of Pacific Indemnity Company Bond No. 252087 in the amount of $1,050.00. Co Co 12/14/64 CITY CLERK'S REPORTS - Continued: PRECISE'- PLAN NO. " '426 Accept -sidewalk and driveway Improvements Earl Marron APPROVED amount of $350.00. Staff recommends Page Two LOCATION° 903 West"Walnut Creek Parkway west of Vincent Accept sidewalk and'driveway.- improvements and Authorize the release of cash deposit'in the acceptance and release of deposit. Motion by Councilman Heath, seconded by'Councilman Krieger,''andM carried, to accept the sidewalk -and driveway improvements in Precise Plan of-Design"No, 426 and authorize the release of the cash deposit in the amount of $350.00. PRECISE PLAN NO. 158, REV. 1 LOCATION: 1319 Garvey between''' Accept Sidewalk and Driveway Improvements Toland and Lark Ellen Abraham Cooperstein APPROVED Accept sidewalk and driveway im- provements and authorize the re= lease of cash deposit in the amount of $290.00. Staff recommends acceptance and release of deposit. Motion by Councilman Heath, seconded by Councilman -Krieger, and carried, to accept the sidewalk.and driveway improvements in Pre- cise Plan of Design No, 158, Revision-1, and authorize the release of cash deposit in the amount of $290.00. PROJECT S.P. 6322 LOCATION: Citrus from Cortez Street Improvement to Walnut Creek Wash Engineer's Report APPROVED Review and accept Engineer's Information Report on adja- cent owners' proposed participation in cost of concrete curb and gutters. Information requested by Council at meeting of October 13, 1964. Mr. Aiassa: (Read report from Mr. Pontow dated December 11, 1964 as follows: "As requested by the City Council at. its meeting of October 13, 1964, all property owners on Citrus Street between Cortez and Walnut Creek Channel who have not previously committed themselves were contacted by letter requesting their cooper- ation in installing curb and gutter and pavement widening in conjunction with the City's project. Of the seven (7) con- tacted, -none has indicated a desire to install the widening and curb at his expense-, and one (Mr, Otis Harbert) has written a letter indicating he is unwilling to dedicate right-of-way or install the improvements. If the Council desires, a 1911 Act project could be ini- tiated whereby, upon certification by the Council, instal- lation of curb and gutter and pavement widening could be required aat`'the property owners' expense. This method, however, faces the probability, according to replies to this letter, of receiving a heavy protest. Also, it is more expensive than a voluntary program and is time con- suming, P�j t Co Co 12/14/64 CITY CLERK'S REPORTS - Continued Project SoPo6322 - Mr, Pontow's Report - Continued: "The lans on p p originally prepared by'this De artment called for- widening the paving from Cortez to Vanderhoof Drive ' to -a width of 48 feet, thus providing -four (4) lanes•for traffic and alleviate the inconvenience due to the back- up of traffic'on-Citrus at Cortez. Incidental to this was the improvement of drainage by regrading 'the 'earth J gutters used to conduct the flow to the channel north of Cortez, RECOMMENDATION: Page Two -A In view of the lack of desire to participate in the cost of installation of curb and gutter by the adjacent proper- ty owners, it is recommended that the original plans calling for,pavement widening north of Cortez be executed. If the'Council concurs, these plans will be presented for approval at the next meeting." Councilman Krieger: City Manager, Mr. Aiassa: In addition to accepting the report wasn't there some ori- ginal action requested on this? We wanted to proceed with the project. The plans will be presented for approval at the next meeting, Councilman Heath: The'Twork to The done heie�is'= to improve a distance from`I'Corte'z" to past•Vanderhoof and this` -would be of practically no use since4tlie rest_of.the street would not be improved. You would be moving the bottleneck south about 600 feet and would not be relieving the prob= lem other than by moving the bottleneck. The Council instructed the staff to come up with a report on the total improvement to see if we could do it all at one time and I think the intent was if we couldn't do the entire'project from Cortez to the Wash that we would not spend the time and money at this time.to do just four or six hundred feet of this. - 2-A - C, C, 12/14/64 Page Three PROJECT S P,6322 - Continued OPMotion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept the Engineer's Information report re this matter, PROJECT T,S,6442 LOCATIONS: Sunset at Puente; REVISED TRAFFIC SIGNAL, PROGRAM Azusa Canyon Road at APPROVED San Bernardino Road; Azusa Avenue at Vine; and Azusa at Merced, Review and accept Engineer's report,. Approve reallocation of 1963-64 budgeted funds for construction of traffic signals at above mentioned locations. Held over from Council meeting of. November 23, 1964, Councilman Heath: We have a report from the staff recommending certain inter- sections to be signalized, If I remember this report right there were two intersections mentioned at that time which are not shown as priority. I would gather that these are being put off and the original four intersections are being considered. I would be against this because I feel these two intersections -- Vincent and Workman; Vincent and Puente -- are much heavily travelled intersections and more dangerous than, for instance, Azusa Canyon Road and San Bernardino Road or Azusa Avenue and Vine or Azusa Avenue and Merced, City Manager, Mr, Aiassa: The Traffic Committee did review Mr, Heath's suggestions and that was the result of a follow-u.p report, Public Services Director, Mr, Adams: We did conduct another analysis considering the new locations mentioned and evaluated them and we came up with a priority rating. Applying these factors we again recommend that the four intersections that we originally suggested would be warranted as far as having the higher priority. Motion by Councilman Krieger, seconded by Councilman Nichols, that Project T,S,6422 and the report regarding this be approved; further to approve the reallocation of 1963-64 budgeted funds for the construction of traffic signals at the locations mentioned in the aforementioned report, Councilman Nichols: I also have a concern about items five and six priority installa- tions at Vincent and Workman and Vincent and Puente and would hope those would remain the very next items to receive budgeted funds. Action on Councilman Krieger's Motion: Motion carried, (Councilman Heath voted "No",) -3- � ur 0- C, C. 12/14/64 CITY CLERK'S REPORTS Continued PROJECT S,D,6429 ACCEPT STORM DRAIN IMPROVEMENT Robert E, Scholes, Contractor APPROVED Page Four LOCATION: In easement south of South Garvey Avenue east of Citrus Street. Review and accept Engineer's report, Accept storm drain improvement. Authorize release of Pacific Employers Insurance Co, performance bond No. 01-B-100037 in the amount of $99236.00, Approve refund of remaining deposits to adjacent owners per Engineer's report. Staff recommends acceptance and release of bond and refund of remaining deposits. Motion by Councilman Heath, seconded by Councilman Krieger., and carried, to accept the Engineer's report regarding Project S.D.6429; accept storm drain improvement in Project S.D.6429; authorize release of Pacific Employers Insurance Company performance bond No. 01-B-100037 in the amount of $99236.00; approve refund of remaining deposits to adjacent owners per Engineer's report, RESOLUTION NO. 3050 S.D.. 6429 ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF DEEDS" (Project S.D.6429) F.I.G. Co. & Scott 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. 3050. RESOLUTION NO. 3051 S. D. 6429 ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEMS KNOWN AS WALNUT CREEK WASH, GARVEY DRAIN, IN THE CITY OF WEST COVINA FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT" (Project S,D,6429) Hearing no objections, we will wiave further reading of the body of the resolution. -4- • C. C. 12/14/64 RESOLUTIONNO. 3051 - Continued Page Five 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. 3051. RESOLUTION NO, 3052 P;P. 428 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA APPROVING A BOND TO CUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO, 428 IN SAID CITY" (Holiday Inn) Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll.call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No. 3052. RESOLUTION NO. 3053 Co. San. Dist. 22 ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING ITS CONSENT TO THE ANNEXATION TO A PORTION OF SAID CITY TO THE COUNTY SANITATION DISTRICT NO. 229 LOS ANGELES COUNTY" (East of Azusa, south of Cameo Vista Drive) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Krieger, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No. 3053, -5- Cd Cd 12/14/64 Page Six 'CITY C'LERK''S' REhORTS Continued RESOLUTION N06 3054 The City Clerk presented: Agreement S--2 ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING SUPPLEMENTAL AGREEMENT S-2 FOR THE EXPENDITURE OF FUNDS ALLOCATED FOR THE STATE HIGHWAY FUND TO CITIES" Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Krieger, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor. Snyder Noes: None Absent: None Said resolution was given No, 3054, PROJECT S,P, 6504 LOCATION: Valinda from south •and City limits to Mobeck, PROJECT S,P.6438 STREET IMPROVEMENT Review and accent Engineer's APPROVED e t R r por , .eallocate County Aid to Cities funds currently budgeted for Projects C-84, C-96 in the amount of $211800,00, to Project S,P,6504 and Project S.P.6438 in accordance with Engineer's .report; Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept the Engineer's report regarding Project S,P.6504 and Project S.P.6438 and act accordingly. RESOLUTION NO. 3055 Gas Tax Money & P. 6504 & S>, P. 6433 ADOPTED . Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING THE BOARD OF SUPER- VISORS OF LOS ANGELES COUNTY, CALIFORNIA, TO PERMIT THE USE OF CERTAIN GASOLINE TAX MONEY ALLOCATED AS COUNTY AID FOR THE IMPROVEMENT OF VALINDA AVENUE AND SOUTH CITY LIMITS TO MOBECK STREET FOR THE CONSTRUCTION OF.. ASPHALTIC PAVEMENT ON AN AGGRE- GATE BASIS, P.C.C, CURB AND CUTTER AND APPURTENANT WORK" (Project S,P,6504 8 S.P.6438) Hearing no objections, we will waive further reading of the body of the resolution, -6- • • C, C. 12/14/64 Page Seven RESOLUTION NO, 3055 - Continued Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent; None Said resolution was given No. 3055, RESOLUTION NO. 3056 The City Clerk presented: Gas Tax Money "A RESOLUTION OF THE CITY COUNCIL Proja Bo Pa 6409 OF THE CITY OF WEST COVINA So P. 6409 To S. 6409 REnUESTING THE BOARD OF SUPER. - C-60-2 VISORS OF LOS ANGELES COUNTY, CALIFORNIA$ TO PERMIT THE USE OF APPROVED CERTAIN GASOLINE TAX MONEY ALLOCATED AS COUNTY AID FOP, THE IMPROVEMENT OF VALINDA AVENUE BETWEEN GLENDORA AVENUE AND VINCENT AVENUE BY THE CONSTRUCTION OF ASPHALTIC PAVEMENT ON AN AGGREGATE BASE, P.C.C. CURB AND GUTTER, SEWER LATERALS, DRAINAGE FACILITIES, TRAFFIC LATERALS, AND BRIDGE WIDENING" (Projects B.P,64099 S,P.6409, T,S,6409 and C-60-2) Mayor Snyder: Bearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No. 3056. SCHEDULED MATTERS BIDS PROJECT M.P.6417 GALSTER PARK FENCING LOCATION; Galster Park, east of Azusa Avenue, south of Michelle Street. The bids were received in the office of the City Clerk, 10:00 A.M., December 10, 1964, The bids received are as follows: -7- • • 0 C, C, 12/14/64 PROJECT M,P46417 - Continued GUARDIAN FENCE COMPANY DESERT FENCE 6 CONSTRUCTION BURKETT FENCE COMPANY UNITED STATES STEEL CORP, FENCE CRAFT CRAFT -MASTERS FENCE CO, MILLS FENCING COMPANY CROWN FENCE 6 SUPPLY ALCORN FENCE COMPANY POMONA FENCE COMPANY MISSION FENCE SUPPLY Councilman Krieger: and it describes three-foot gates, 10% bid bond 10% bid bond 10% bid bond 10% bid bond $872.50 cash,ck, $920,00 cash,ck, 10% bid bond 10% bid bond 10% bid bond 10% bid bond No bid bond Public Services Director, Mr, Adams: Page Eight S 71266472 7019,84 89052.16 8,056,08 6,728,50 80158,26 9,222,76 10,346,34 119024.64 15,777,26 Improper bid form; no bid figure On the Bid Item Summary as Item 2 I notice it says "three gates" Is this three feet in width? Yes, This refers to the width, Motion by Councilman Nichols, seconded by Councilman Heath, to accept the Engineer's report on Project M,P,6417 and award the contract to Fence Craft on the basis of their low bid in the amount of $6,728,50, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None PROJECT S,P,6501 SIDEWALK CONSTRUCTION LOCATION: Various throughout City, Bids received in office of City Clerk, 10:00 A,M,, December 10, 1964, The bids received are as follows: LOUIS S, LOPEZ 10% bid bond $389602.45 Supplemental bid 3913017,45 COXCO, INC, 10% bid bond 399522,53 Supplemental bid 409022.53 Motion by Councilman Krieger, seconded by Councilman Heath, that the bid for Project S,P, 6501 be awarded to Louis S. Lopez on the basis of his low bid and that the report of the Engineer on this matter be accepted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder. Noes: None Absent: None me C, C, 12/14/64 SCHEDULED MATTERS (BIDS) - Continued PROJECTS S,P,6504 and S.P,6438 STREET IMPROVEMENTS Page Nine LOCATION: Valinda Avenue, south city limits to Mobeck Street and southwest corner of Merced and Primeauxm Bids received in office of City Clerk, 10:00 A,M,, December 10, 1964, The bids received are as follows: JASPER N6 HALEY F, Wa RICI-ITER SULLY -MILLER COXCO, INC, WARREN SOUTHWEST AMAN BROS. LARJO COMPANY 10% bid bond 10% bid bond 10% bid bond 10% bid bond 10% bid bond 10% bid bond 10% bid bond 54,699,30 54,822,40 54y924,65 59,920,55 599921.90 63,780,73 64,145,01 Motion by Councilman Nichols, seconded by Councilman Heath, that the Council approve the necessary budget transfers and award the contract subject to receipt of County Aid. to Cities funds to Jasper. N. Haley on the basis of his low bid in the amount of $541,699,30, Motion passed on roll call as follows: Ayes: Councilmen Jett, Nichols, Heath, Mayor. Snyder Noes: None Absent: None Abstained: Councilman Krieger PURCHASE OF MOBILE RADIOS For police and street departments. Bids received in office of City Clerk, 10:00 A,1.1,, November 25, 1964Q The bids received are as follows; GENERAL ELECTRIC COMPANY 10% bid bond 6 radios $ 3,525.00 less trade 450,00 3,075,00 Street truck 635,00 MOTOROLA 10% bid bond 6 radios $ 39234.00 Street truck 759000 RADIO CORPORATION OF AMERICA 10 % bid bond 6 radios fi 39975,90 less trade Street truck 764,1.5 $ 358'76,40 including; tax $ LE,152,72 including tax $ 4192.9a65 including tax -9- Cd Cd 12/14/64 PURCHASE OF MOBILE RADIOS - Continued Page Ten Motion by Councilman Krieger, seconded by Counci-Incan Heath, to accept the recommendation of the staff on the nt'irchase of mobile radios; that the Director of Finance andl Purchasinp be authorized to issue Purchase Order No, 1.07541 to Generr-1 Electric Corporat-ion upon the basis of their low bid in the amount of $311 87 6 4 40, mobile rad-ios for the Police Department and Street Department, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger,, Nichols, death, Mayor. Snyder Noes- None Absent: None HEARINGS PRECISE PLAN NO, 435 LOCATION: 247 Barranca, Street William B, Lane betvieen Walnut Creek APPROVED Glash and Mesa Drive Request for approval of precise plan for apartments approved by Planning Commission Resolution I -To, 1698, Appealed by FIbridge A. Tucker on October, 23, 1964, and matter held over to iloveriber 23 for report regarding precise elan© Hearing closed on November 9, 1964, Held from November 23 to December 14 to allow proponent,,; and opponents to discuss conditions and report, Mayor Snyder: From 'the report the Planning s ..taff able to accomplish little in solving the problem piven to them However, it is mar understanding there are some ref inements in the precisse plan, Can +,,?e hear the changes in the precise plan? Planning Director, Mr, Joseph.- There r,,i-e no changes J.,n the J precise plan to my knowledge, Councilman Nichols: Mr. Joseph.,; wou1d yc.)u care to comment anv further on ;tour statement: "It is difficult for this office. to offer any' recommendation different than that approved by the Planning Commission" as to what you meant by "difficult`i Planning Director,, Mr. Joseph; By this i.7 meant that we have had, the benefit of quite a. few meetings among the various participants, We have thought this over and .we would like to point out the fact- that -the Planning Commission has reviewed this and there is objection to it on the pert of certain. people residing just south of this property and for that reason the appeal is being heard this s evening,, The Planning Department sat in on all these meetings and both parties have a rea-,:-,onable right to their own opinions, The reason the Planning Department noted it is difficult to come up with any conclusion zee, we didn't wa'nt to set ourselves above the proponents or the opponents of this plan but merely bring to your attention the fact that -there has been a lot of discussion and the facts of the case are very clear, I think and T have been asked to make a recommendation to you one iyav or the other, Both parties have communicated with me on this ',.-,ul, i c-ro'uld Drefer to show you all there is to know about this case and let the decision based upon the facts come from the City Council. _10-.. C. Cm 12/JLI/64 Page Eleven PRECISE PLAN NO, 435 _ Continued Mayor Snyder: The letter from Mrs, Tucker doesn't intimate to me she would accept anything except what she has stated here. What is the minimum setback standards in the code for this R-3 development? Planning Director, Mr. Joseph: 25 feet is the minimum rear yard setback. Mayor Snyder: This precise plan required no variances? Planning Director, Mr. Joseph: It required no variances. Councilman Heath: Gould you refresh for me the policy established since the Ralph's:/Zody's case as to at what point you measure the elevation of a structure? Planning Directory Mr. Joseph: When the Ralph's/Zodv's case came in the zoning ordinance did not carry with it a definition. Since that time it has been amended and carries with it the same definition as the Uniform. Building Code and that is you take themiddle of the perimeter of the building at the finished construction grade and from that point you would measure the height of a structure, Councilman Nichols: It seems to me the development of this City relative to the tools that the City has resolved both the matter of zoning and the matter of the precise plan and that the City has been able to achieve a type of building satisfactory to our community by using both of these tools. In examining the R-3 developments that are in our Ci.tV I note that almost totally the precise plans either by direction or indirection have resulted in the garaging portion of the development being most closely adjacent to neighboring R-1 property when such property abuts a R-1 zone. This in effect and in practice in the City of West Covina has resulted in a substantial buffer between the residential areas of the high density housing; and the residential areas of the R-1 property. This is the first plan to my own personal knowledge where the dwelling portions of the R-3 development abut R-1 zoned land and are as close as these are shown on the precise plan, GIould you comment on that one point, Mr, Joseph? Do you know of other cases where the dwelling houses themselves in a R-3 zone are this close or approxi- mately this close to the line of the property abutting the single family property? Planning Director, Mr, Joseph: The dwelling itself? I don't believe so. Councilman Nichols: !,Then this matter first came before the Council, the Council expressed its concern in two areas; the setback and the roof line. An alternate proposal was suggested at that meeting showing a lowered roof line. Now we find that there have been a great many conversations, a great many discussions and we are faced with the setbacks, the proposed location of structures being identical to what they were some time ago. I think although the property owners may not have indicated a desire to see the setback less than 100 feet, -11- • C. C,, 12/14/64 I I . PRECISE PLAN N0; 435 - Continued Page Twelve certainly the proponents have indicated no desire to see it greater than its current point,, For my own part I think the movement of that line not one foot has not indicated a .great deal of effort to solve this problem either` Planning Director, Mr. Joseph: There is a lot of information supplied to us during* our. discussions, Would you ask the City Attorney if I alluded to certain of these points and made mention of them would this be new testimony? Acting City Attorney, P-'Tr, Newell: As I understand it, the hearing has been formally closed and therefore no new testimony is admissible, Councilman Jett: We have granted these people R-3 zoning, If they comply with all of the provisions established in the R-3 ordinance I don't know how we could circumvent this and compel them to.do otherwise, Councilman Heath.: The requirements set up by the ordinance are the minimum that will be permitted, By the use of the precise plan the Council and the Planning Commission are entitled to place any more stringent requirements as they see fit, I think it all comes down to one point and that is how far this setback should be from.the property line, When the zone change was granted an engineer for the applicants stated he didn't think it would be economically feasible to construct buildings onthe side of the slope, Certainly that is going to the other extreme and I don't think the developer should be penalized but I think there is some place where there should be a compromise, ,Mayor Snyder: I think the evidence has shown that this development would not, in effect, cut off the sight line for these people; that they are within the code and personally I don't see any cause shown for putting more restrictive measures against this developer than N.-ae have against other developers. I think if there caas any er,^or made here it was probably in the zoning, Councilman Nichols: West Covina where the residential R-1 zoning as in this proposal, There is no existing development of R-3 housing in the City of units have the same proximity to Councilman Jett: Mr, City Attorney, on the precise plan where the minimum is established by ordinance can we force them to set back further? Acting City Attorney, Mr, Newell: There is a degree of flexi- bility in your precise plan and you are asked to approve a precise plane Yes, you can make it more rigid if you feel it is necessary, Councilman Jett: With this in mind, if we in our own judgement felt a compromise here of, say, fifty feet as a setback was in order, through the exercise of our precise plan procedure this might be the answer., -12- • • C, C, 12/14/64 Page Thirteen 'PRECISE PLAN NO, 435 - Continued Mayor Snyder: That may force the developer to come in with a completely new precise plan, It seems to me it is the design of the building and the topography next to the person you are behind. I think these people have shown that this is probably in the best interests of the people to the south of them, Councilman Heath: Would a 50-.foot setback take this building completely off grade? Planning Director, Mr, Joseph: It would dispose of two-thirds of the structure, Councilman Jett: If we did this thev could also if thev so desired add the number of units that might be lost here onto a third story? Planning Director, Mr, Joseph: Three stories are permitted in a R-3 zone, Councilman Nichols: This precise plan except for a lower roof elevation is identical to what this was before this Council sent it back for discussion, The developer has not moved anything one foot down the slope that I can see, Move that Precise Plan of Design No, 435 in its present form be denied, Councilman Heath: I think there is a place here for negotiation and I don't think it would solve the problem to kill the entire precise plan, Mayor Snyder: The motion dies for lack of a second, Councilman Heath: We have both the proponents and the opponents here. I would like to ask them what happy medium we can hit here between 25 and 50 feet and see if we can't solve this right now, Who will speak for the proponents? Mr, D. W. Lohmar: I can't give you a number between 25 and 50 that we can live with, Councilman Heath: Who will speak for the opponents? Mr, Robert Ebiner: Any point between 25 and 50 feet where we could live with this project? My clients have indicated to me as they have indicated to the City they have reduced their request to approximately 50 feet, From there it is a little hard to sav because this does come as some- what of a new development in that particular area. I am not familiar with the precise plan as to whether there can be a revitalization of this plan in a different form, The particular problem has been there has been no movement whatsoever from the existing precise plan as presented and I think this is the area where negotiation was to take place but has not, My clients are still open to suggestion, -13- Co C, 12/14/64 Page Fourteen PREC'hSE PLAN'NO, 435 - Continued Councilman Heath: Move to have a ten-minute recess at which time these people be permitted to get together and at the end of the recess let them come up with a decision where we can act, Councilman Nichols: Normally I would second your motion but what I see before us is a willing opponent and an unwilling proponent, Mayor Snyder: The motion dies for lack of a second, Councilman Jett: We can modify a precise plan or we can change it, Mayor Snyder: Mr, City Attorney, if the movement of the setback required a different placement of buildings then this is more than a minor modification and would require a new hearing? Acting City Attorney, Mr, Newell: You have the power to do it, If you do something they can't live with' it is useless, Councilman Heath: Move that Precise Plan of Design 4 No, 435 be approved subject to the conditions imposed by the Planning Commission and subject further to a 35-foot setback along the southerly property line, Mayor Snyder: The motion dies for lack of a second. The proponents have gone out of their way to keep these buildings low enough not to obstruct the sight line, They have gone out of their way to attempt to make this a pleasing development to those people to the south and yet the people to the south still ask for some very unreasonable demands, For instance that they don't plant trees, Councilman Nichols: To pull a roof line down and then plant a whole line of trees would negate exactly what was accomplished by lowering the roof lines. Motion by Councilman Jett, seconded by Mayor Snyder, that Precise Plan of Design No, 435 be approved subject to the conditions of the Planning Department; subject further that the setback be 30 feet to the rear; subject further that the roof line be kept below the grade of the lots backing up to this site that front on Mesa Drive, A tie vote resulted on roll call as follows: isAyes: Councilman Jett, Mayor Snyder Noes: Councilmen Nichols, Heath Absent: None .Abstained: Councilman Krieger -14- • C, C, 12/14/64 PRECISE PLAN NO, 435 - Continued Page Fifteen Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Precise Plan of Design No, 435 be approved subject to a setback of 40 feet along the southerly property line; subject to all conditions of the Planning Commission; subject to the applicant improving Barranca contiguous to his property; subject further that the roof line be no higher than shown on Exhibit 1, (Mayor Snyder voted "No"; Councilman Krieger abstained,) VARIANCE 110. 526 Mr, 6 Mrs, Frank Smith DENIED and UNCLASSIFIED USE PERMIT No. 97 LOCATION: West side of Azusa, north of Rowland betuleen Rowland and Puente, Mr, and Mrs, Frank Smith Request to allow a car wash and DENIED non -conforming T,D, sign/or signs in zone C-1 denied by Planning Commission Resolution No, 1693, appealed by applicant on October 29, 1964, 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 Resolution No, 1697, Appealed by applicant on October 29, 1964, Hearing conducted and closed on November 23, 196LE and held over to December 14 with approval of the applicant, Councilman Krieger: There were two specific points brought up by the opponents, traffic and noise, and the Council expressed some interest in determining the validity of this noise question, There was a letter received on November 27 by the City Manager on behalf of the applicant listing six locations where modern car washes may be inspected. I took the opportunity to inspect the one du Ueverly and Virgil; also the Cinema City Car Wash on Highland Avenue and also the Rosemead and Slauson Car Wash, My conclusions independently arrived at where there is no great validity to this noise objection, The only location where I found perhaps some validity to the point was on Beverly and Virgil but there appears to be some unique circumstances at that location which contributes to noise in addition to the car wash and it was hard to distinguish which noises were coming from the car wash and what were coming from other sources, On the question of noise itself from this inspection I am satisfied that this is.not a valid ol:>jection, However, I do approach -this application on the basis that it is submitted as a variance, The third requirement for showing that the variance should be granted is that it is not detri- mental to the public welfare, The opponents apparently gave great weight to the detrimental nature of the noise and the traffic problems. I cannot agree with them on that basis but there are three other grounds that must be proved to the satisfaction of the Council, the first being exceptional or extraordinary circumstances, I am willing to give the benefit of the doubt to the proponent on that, that he does have unusual circumstances at that location, but Item 2 requires that there be a showing that he is being denied a substantial property right possessed by others in the same zone. I am not satisfied that there has been any such showing, -15- • Is C, C, 12/14/64 Page Sixteen VARIANCE N0. 526 6 UNCLASSIFIED USE PERMIT NO. 97 - Continued This' is a C-1 zone; neighborhood commercial. I would take exception to any attempt by and proponent to do by variance what should properly be done by zoning. This is not a zone application; it is a variance application and I. for one, do not believe the second ground has been properly shown. I also think there is some question as to the .fourth ground for a variance which has to do with adversely effecting the Comprehensive General Plan, This is not highway commercial; this is neighborhood commercial. There may be some benefit shown to the proponent in this because of the uses surrounding him but I dare say there has been no showing of a denial of a substantial property right granted to C-1 elsewhere in the City and I would be opposed to the variance, Councilman Nichols: My own conclusions very closely coincide with Mr. Krieger's. Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that Variance No. 526 be denied on the basis that the grounds for a variance have not been shown to the satisfaction of the Council, Motion by Councilman Kreiger, seconded by Councilman Nichols, and carried, that Unclassified Use Permit No. 97 be denied, AMENDMENT 110. 5 TO THE COMPREHENSIVE GENERAL PLAN City Inititated HELD OVER (Hearing closed) and ZONE CHANGE NO, 319 Home Savings 6 Loan Assoc. APPROVED (Hearing closed) Councilman Heath: Request to amend the Comprehensive General Plan of the Citv so as to include that area to the south of the La Puente Fills dot -in to Vallev not previously included in the General Plan, approved by Planning Commission Resolution No, 1691, Held over from 11/9/64. LOCATION: Easterly of Pass and Covina Road at Amar, Request to reclassify from C-1. C-3 and R-1 to R-1 and R-2 approved by Planning Commission Resolution No. 1692. Hearing closed 11/9/64 and referred back to Planning Department and Planning Commission for report. Decision held over to 12/14/64, This General Plan proposed here differs from the.original suggestion of a General Plan the previous Council worked on. Basically, what are the changes? Planning Director, Mr, Joseph: There was never a as such developed area, general plan for this -16- C, C, 12/14/64 Page Seventeen AMENDMENT NO. 5 6 ZONE CHANGE NO, 319 - Continued Councilman Heath: When.we were working with Home Savings in the beginning, they made certain provisions and requests in a general nature. On the basis of an understanding on their request and the Council's acception, there was a lawsuit dropped and the indication was given to Home Savings that the City.was in agreement with their proposal. How much does this differ from that proposal? Planning Director, Mr, Joseph: As T.understand the facts in the case the matter of the dropping of the lawsuit and the additional 410 acres added to the Citv came about the conclusion of the hearings on the land fill sites and the cemetery. The matter of the zoning was seta I personally don't recall any discussion regarding overall future planning as it related to the litigation with the annexation. Councilman Heath: It is true at the time we were talking about land fill conditions and the cemetery there was before the Council a plan that showed 110 acres of commercial in one spot. Planning Director, Mr, Joseph: That is the zoning map, (Pre- sented map and explained same,) The total zoning for the commercial was 110 acres, Councilman Heath: There was a auestion raised about the tremendous amount of zoning of commercial, namely 110 acres, and in reply the applicant stated that at a later date they would ask for some of that commercial to be rezoned to multiple, Planning Director, Mr, Joseph: I recall that kind of discussion at the Council a few vear.s ago, Councilman Heath: Does the pla.n they are coming, up with, is that in accord with that discussion? Planning Director, Mr, Joseph: around their commercial centers. In a way, it is. They indicate there will be higher density Councilman Heath: At the time we accepted the original zoning we understood there would be more multiple dwellings in the area? Planning Director, Mr. Joseph: I heard this discussion at the Council meeting,, T don't know what the Council is going to do on this, .. Councilman Krieger.: There are three distinct items on our agenda having to do with Home Savings and Loan, One is the Amendment to the Comprehensive General Plan which is City Initiated; the second is the zone change which is applicant initiated; and the third has to do with the tract and that is applicant initiated. In looking at the resolution of the Planning Commission on the item of zoning, they refer to a. first increment. , -17- • • C. C. 12/14/64 'AMENDMENT NO. 5 9 ZONE CHANGE NO. a19 - Continued Planning Director, Mr. Joseph: Councilman Krieger: Commission and would superimpose upon Savings and Loan a developmental plan General Plan for the rest of the City. it not? Planning Director, Mr. Joseph: Councilman Krieger: the General Plan as it applies to position that I would be in favor amendment to the General Plan in is this: Page Eighteen (Presented map showing first increment and explained same.) The amendment to the General Plan was approved by the Planning the total acreage owned by Home approach as we have used in our That is the philosophy of it, is Yes, it is. Addressing my remarks only to that phase, the amendment to Home Savings, it would be my of the Council holding this entire abeyance and the reason I state that The amendment to the General Plan is predicated upon certain assumptions and certain philosophies, philosophies of development in this area which have been proposed by the applicant. Until I would have the opportunity to see some portion of this program in action, to see it developed and in existence, I would be reluctant to commit myself to an amendment which sets a general plan for development for the total area and therefore only on the item of the amendment to the General Plan it would be my hope that the Council would hold this matter in abeyance until such an opportunity for inspection could be made not only to the Council but to the people of. West'Covina who are quite interested in this development. Regarding the zone change, in the resolution of the Planning Commission they refer to the first increment as a pilot program. f,-Jhen it came before the Planning Commission on the precise plan the first increment was further broken down into three distinct phases. With respect to the zoning, it would be my position and I would be in favor of granting to the applicant the zone change from R-1 to R-2 as it pertains only to the first phase of the first increment and again the justification for that conclusion is based on the fact that this would give the Council an opportunity to evaluate at the completion of that phase of their project the type of project theyhave in mind for the entire development. It would give us the opportunity to evaluate a pilot program using the terminology of the Planning Commission but a smaller pilot program than is presently before us. I think in fairness to the City, to the Council, we ought to have that opportunity to see and evaluate in the field the type of project this would be. • Councilman Heath: Planning Director, Mr. Joseph: Councilman Nichols: the development of the proposed golf What would be the first increment? One of these triangles, the R-2 development (indicating). Was there not an unclassified use permit in connection with course? C. Co 12/14/64 Page Nineteen 'AMENDMENT NO, 5 6 ZONE CHANGE NO, 319 - Continued Planning Director, Mr, Joseph: The matters of the use permit, the variance and the precise plan were passed by the Planning Commission and unless appealed or called up they stop at the Commission level, The tract map is on the agenda for later this evening. At the Planning Commission meeting there were about 360 units in Phase 1, as I remember, which would be reduced because of the conditions of the Planning Commission, Mayor Snyder: I think we should ask the applicant if this would allow him to go ahead and develop, Secondly, if he were only to be allowed one increment, would this be the increment he would first choose, Mr, Graham Ritchie: We wouldn't choose an increment because we couldn't develop it that way, The entire development is centered around the development of that golf course; that is part of the.marketing program for the sale of the houses, We have to grade the entire increment in order to set the grade for the roads and the golf course and the entire development. We are not going to go in and grade the entire increment on the basis of 40 acres of zoning. The entire plan is an integral plan, conceived as one plan, to be done as a pilot portion of the entire development and it is interdependent, one on the other, If. we don't have a guarantee for all of it there is no point in building it in bits and pieces, SCouncilman Heath: Mr, Ritchie when did Home Savings purchase this land? Mr, Graham Ritchie: They have held it now six years, Councilman Heath: In my studying annexations in the past I understood Home Savings and Loan or any savings and loan of any kind could not hold land any more than five years, Mr, Graham Ritchie: That is correct and.at the end of five years we applied for and received an extension of one year and that year is up in January and if we do not in January show them some substantial plan for development I doubt that we are going to continue to get extensions to hold that land, Councilman Heath: I wanted to bring this point out. I_know this to be a fact, Mr, Graham Ritchie: To show zoning and plans for 40 acres out of 3500 acres, which is the total holding, is hardly satisfactory to the Commission, Councilman Heath: I feel we have before us something that is very important to the City. Two of the facets of this thing should be considered and studied, The first facet, I would say, is the fact that the previous Council visited Mr. Pereira's office and saw this plan underway and the indication given then.and at future meetings gave the proponents every right to believe that they were on the right track and what they were doing was the right thing because the previous Council said they were wholeheartedly in favor of the plan, Now we come along and decide to knock the train off the track, It is true that no council is bound by a previous council but I do think we have some moral -19- C. C, 12/14/64 AMENDMENT NO, 5 8 ZONE CHANGE NO. 319 - Continued Page Twenty obligation if a previous council has caused a developer to go into thousands and thousands of dollars with the indication that he is doing right and then come back and either slow him down or stop him or give him only a part of it that he can't economically develop, I don't think it is very fair, I think what is on trial tonight definitely is whether this City wants to continue with Home Savings and Loan developing a part of the City,,.There is a time limit against which the savings and loan company is working, Home Savings and Loan has been working with the City in the arrangement Of parks, providing golf courses, et cetera, and I think they are cooperating with the City more than the average person cooperates with the City, If they don't have some progress made by January the law requires that they sell this land. If we hold them.up, forbid them to progress or put certain restrictions on them that are entirely unfeasible, we might as well say Home Savings has to sell this land to someone else and then you don't know what developer you are going to get. I am not saying give them an open book or 18.00 acres of zoning but I think we should follow Mr. Krieger's suggestion but be a little more liberal and.give them a chance to develop a part of this land economically and give them at least two of.those section's, if not three, You are talking about 180 acres of residential and when you get out into the open area, 180 acres is a fairly small piece of land especially when you have a lot of grading to do and you are trying to make it into a uniform develop- ment, If we disregard. what I feel is the moral obligations placed by the previous Council, I think the fact still remains whether we want Home Savings and Loan to develop part of our City or not and I think they will do it in a fairly reputable way or do you want to take your chances and have them sell the land and have someone else come in and see what you will get? Mayor Snyder: There is no effort here to keep Dome ^avings and. Loan from developing. I think also that Home Savings understood when thev came into the City that whatever they proposed for this would have to be in harmony with the General Plan for the rest of the City and not in effect, compromise it, I think the fear here is not what appears but whether the proposed type of development to go on this R.-2 will set a precedent that will set a pattern for the whole.1800 acres that we can't stop once you put these first three -phases in, To approach this from a different way, we have 903 total acres of residential proposed in the General Plan and of this 195 is proposed as medium density. How many acres of this 195.is used up in this initial proposal of R-2? Planning Director, Mr, Joseph: Roughly 100 acres, Mayor Snyder; Secondly, nobody has mentioned a fear of considering the R-2; it is only the type of development that -is going'on the R-2 and I am wondering if since they haven't used up all of the proposed R-2 would it be feasible or would it work to grant R-2 but allow you to develop your condominium type development only on the first phase and let the second phase wait until we can see how this is going to go? -20- C. C, 12/14/64 Page Twenty -One "AMENDMENT N0, 5 6 ZONE CHANGE NO. 319 Continued Mr. Lockhart: This would be satisfactory. Mayor Snyder: It seems to me we can approve the precise plan only for one phase but this would allow them at least to grade for R-2 and whether they would be allowed condominiums later would be.whether they could prove the feasibility of condominiums by experience. Councilman Krieger: Does the applicant fully under- ttand the question posed to them? - Mr, Graham Ritchie: My understanding is you would zone in accordance with the application but you would limit the construction of condomimium to the. -first phase at this time. Mayor Snyder: We would limit the approval of your precise plan which I understand calls for all three of the R-2 areas, to one of them and hold up approval of the others. Mr. Lockhart: I didn't understand that,, This is an integral part, as Mr. Ritchie mentioned to you. The different from that of another. grading for one type of development is Councilman Krieger: You would want to withdraw the answer of "Yes"? Mr, Lockhart: Yes. This would not be satis- factory, Councilman Heath: I think your point has merit, •I think we should follow it further, Mayor Snyder: You intend to grade them all but you don't intend to build all at once? Mr, Graham Ritchie: If you grade it that way it can't be built as single family homes with a different concept, You are grading for this type of development, Mayor Snyder: But you could build possibly duplexes? Mr, Lockhart: We wouldn't want duplexes, ' Councilman Jett: This cluster housing is something new to West Covina but apparently this is something that is being given a lot of thought to throughout the Country, I can't help but feel this.is something that is new but to me it is a wonderful way to treat this piece of property, Councilman Heath: I like the suggestion of holding up on the Amendment to the General Plan, rezone this 180 acres, which represents one -tenth of the entire development, and I don't see where the granting of this is setting a precedent where we have to grant this zoning in any other area if it doesn't work out. -21- 1 C, C, 12/14/64 Page Twenty -Two AMENDMENT NO, 5.& ZONE CHANGE ND, 319 Continued Mayor Snyder: What is the exact acreage of R-2? Mr, Graham Ritchie: The town houses would be 50.9 acres Of the proposed General Plan, which is not necessarily the final General Plan, you have only used up a little more than a -fourth of this proposed R-2. The zoning may be larger than that. The private houses themselves will involve 50 acres, Planning Director, Mr. Joseph: Mayor Snyder: Planning Director, Mr, Joseph: for the three condominium increments. 50,7 acres, This is for the first increment, How many acres is in that area shown as R-2? How many actual acres would be zoned P-2? About 51 acres, This is a net figure. It is about 103 acres Mayor Snyder: If this does not work out in the first phase, it is doubtful that they will go ahead with the same type of development in the other two phases, Councilman Nichols: What do you mean when you say if it doesn't work out? Mayor Snyder: There has been a lot of fear expressed regarding the condominium development, Whether it will -be successful economically for the type of market we have in this area, I don't know, Councilman Nichols: Then the concern of it not working out is that it will be profitable or not profitable? Mayor Snyder: Councilman Nichols: Mayor Snyder: Councilman Nichols: No, that it will be able to maintain the standards we set for it when it is set up, Ghat standards do you refer to? The standards imposed upon the precise plan. It will have to in order to be built. 6 Mayor Snyder: They can build but it can certainly run downhill if people didn't desire to live in this type of development, I am talking about whether it works out as a desirable type of.development for the City of West Covina from both standpoints, Councilman Nichols: You mean from a standpoint of aesthetics we.are approving or disapproving this? -22- Is C, C, 12/14/64 Page Twenty -Three AMENDMENT NO. 5 8 ZONE CHANGE NO. 319 Continued Mayor. Snyder: No, it seems to me the reluctance regarding the R-2 has been expressed on the facts regarding the type of development to go on there, The question before us tonight is the zoning and can we safely grant this zoning without setting a precddent that will tend to make it difficult to control the rest of the 1800 acres, Councilman Heath: I don't see how it would set a precedent, Mayor Snyder: The precise plan has been approved by the Planning Commission but it is still subject to review by the Council. Are we, in effect, upsetting the density factors for the whole development by granting this much R-2 tonight is the question, They could come back with a different precise plan for R-2 under the allowance of our ordinance, Councilman Krieger: Is there any sentiment on the Council opposing holding over the Amendment? Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Amendment No. 5 to the Comprehensive General Plan be held over to the first regular meeting of the City Council in Januarv, 1966, Mayor Snyder: The zoning is before us; the precise plan is not before us at this time, Planning Director, Mr, Joseph: The only part that is being applied for is rezoning a certain portion of the property to R-2 and deleting certain of the property from C-1 and C-3. The golf course requires an unclassified use permit which is an overlay on top of the existing zoning and doesn't require any rezoning. Anything the Council wants can be drafted by the City in accordance with the way you ask it. The map on the board will be indicated as Exhibit 1, This can be your guide. Councilman Nichols: I reacted with favor to Councilman Krieger's suggestion as the possibility of allowing a relatively small portion to move on this plan in order that we could get an idea of the results without committing to the entire project and yet the proponents have indicated that it is impossible for them to proceed on any other basis than the entire amount proposed here under Zone Change No. 319. Therefore, it appears that the issue that faces us tonight is to grant this zoning in total or not at all; that there is no place left for the Council in between and no possibility to move in any direction except the two opposites, Mayor Snyder: total regarding the.whole 1800 acres, Councilman Nichols: We still have control over the precise plan. This is not in I understand that, -23- C, C, 12/14/64 Page Twenty -Four AMENDMENT N0, 5 & ZONE CHANGE NOR 319 - Continued Mayor Snyder: I understand the reservations of some people regarding the amount of multiple but this uses up some of the amount of multiple that will be determined in, the final density but it doesn't compromise our ability to change it, If. we feel it is necessary we can change the overall density of the development, In other words, this does not use up an alarming amount of density yet. Councilman Nichols: I think we are faced with a situation where it becomes every Councilman for himself to speak his beliefs and convictions on the matter, Zone Change No, 319, Move that this Council deny Councilman Krieger: I would like t6 offer the amendment to deny this zone change with the exception of the first phase of the first increment as shown on Exhibit 1, Councilman Nichols: I understood. the proponent to say in answer to a question that they could not develop based upon that concept, Councilman Krieger: I i.xnderstood the answer also but I am t-ak:°.rig that into C-onsidera- tion along with all of the other elements and factors before th'_:- Council, It will be a decision the applicant will have to make, Councilman Nichols: If T don't have a second to my r,0tJ.on , would prefer to withdraw it and allow you to make your, own p —Lon. Councilman I:riener: T will withdrat,, hi=..' Mlendmant, Councilman Nichols: My motion still stand;, There being no second to my rxlotic>r�, I will withdra�: it, Councilman Heath: ;i:t?c that Zane `:h,�nFTe "Jo, 319 but- th'- t issuance of permits fC1 '9 r'.GY Ct: Y1i"'..ri ; T7? :. ... '_ Ii",.'l.'s� t E_ r4i ri?,) y_i. _ .,I'! ?._� in;?C+U 7 other than Phase 1 be held v. tll 1)v Thr, r,_tv C.cunc14.1.,' J.•i 1,%�. '.. i`I C:3r .`l �, -Ch-at we grant the zoning, permit them to do :91A. i t'i'<:xj_rlr y t;le", � ,.r. 'r,l.i.l.0 t'he mrz7_ti,-)le dwellings in Phase 1 but the.r aGul:I hold up on 4,r:,j ot,�I_er molt. dwellings until such time as the Council i.s n grner..lent or a,�,nraval Sof that section and nk'rrn .t� -the .a._de- tiona1 perm.:�ts "t:.- bt. �1'�zltc:.tl : Acting CityAttorney, Mr, Newell° ' `j Ya You can't cones:�,. �.or� �, zc�n�. change, You can core-i-ol it by precise plan but you can't conditioT, a. zone Councilman Heath: I �ri.l?. withdraw mar mo-�iorj, -24- • C, C, 12/14/64 AMENDMENT N0, 5 6 ZONE CHANGE NO, 319 - Continued Page Twenty -Five Motion by Councilman Heath$ seconded by Councilman Jett, that Zone Change No, 319 as requested on Exhibit l be approved, Councilman Krieger: For the purpose of understanding your motion, would it be your intention to follow your motion with the call up of the precise plan from the Planning Commission? Councilman Heath: Definitely, Councilman Krieger: Such stipulations as Councilman Heath referred to, Mr, City Attorney, in his prior motion, are they valid conditions on the approval of a precise plan? Acting City Attorney, Mr, Newell: I don't believe so unless the precise plan comes up piecemeal, Councilman Heath; You can approve part of a precise plan, can't you? If that precise plan comes up we can approve that one section and not the rest of it? Acting City Attorney, Mr, Newell. Councilman Krieger: Acting City Attorney, Mr, Newell: Mayor Snyder: Councilman Heath: That is true, I believe, Such conditions imposed upon the precise pla.r approval are valid conditions? That's right, I have some question regarding the amount of R-2 proposed here. I agree with what you said previously about the R-2, Councilman Jett: I do, too, This is a certain percentage of the total amount of acreage to be used for multiple in this area, Councilman Krieger: Council about how much R-2 we are percentagewise, I don't think there is any confusion on the part of the talking about and how much it is Mayor Snyder: I think in some respects we may have made.a mistake in tabling the General Plan because I think the people of the City as well. as ourselves and the developers deserve to know what we are going to demand on them, I think we tabled this General Plan too long to be able to set up a policy if they are going to come up with more zoning, Councilman Jett: I think it is going to have to stand on its own merits, Councilman Krieger: The fact remains that this is an integrated project only as it pertains to the first increment, I haven't heard any developmental plans specific in nature except as it pertains to the first increment. My objection to a consideration of the Amendment to the General Plan goes to a question as to my conception of the total 1800 acres, I can't -2.5- C..C. 12/14/64 Page Twenty -Six "AMENDMENT NO, 5 AND ZONE CHANGE NO, 319 = Continued quite visualize it. If there was a zone change, specific zone change for the total 1800 acres put forth by the applicant, -,there would be something concrete in nature to visualize, what we have here is a City initiated amendment to the General Plan which cannot be divorced from the type of development that the applicants bring before us with reference to a specific area but until we make a determination and an objective evaluation as to the type of project they have in mind in this specific area I.can't relate it, Mayor Snyder: My vote on this amount of R-2 has to be determined on the basis of does this fit in with the present General Plan or policy of the City of [nest Covina regarding density or does it in any way endanger that present policy. Councilman Heath: I think you have.to remember that this is proposed to be the heaviest density in the entire 1800 acres, Action on Councilman Heath's motion: Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Mayor Snyder Noes: Councilmen Krieger, Nichols Absent: None Councilman Heath: I would like to call up the precise plan and the variance that applies to this first increment of Home Savings and Loan's development as shown on Exhibit 1. Mr. Graham Ritchie: We would like to have those considered along with the tract map, The tract is on the agenda tonight and it really should be with the other items. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Tract No. 23292, Home Savings and Loan Association, be held over and be heard concurrently with the precise plan and the variance regarding Home Savings and Loan to the meeting of January 11,.1965. ZONE CHANGE NO. 325 LOCATION: 2426 East Garvey Mr. 5 Mrs. William Yeager between Citrus and APPROVED Mockingbird Lane, Request to reclassify from Zone R-b to Zone R-P approved by Planning Commission Resolution No. 1715. City Clerk, Mr, Flotten: Notice of this public hearing appeared in the West Covina Tribune on December 3, 1964 and 42 notices were mailed to property owners in the area. (Read Planning Commission .Resolution No. 1715.) Mayor Snyder: This is the time and place for the public hearing. -26- 44 C. C. 12/14/64 Page Twenty -Seven ZONE CHANGE NO. 325 - Continued 'IN FAVOR Mr. William Yeager The property in question is 2830 North'Monte Verde Drive located on the northeast corner Los Angeles County of Mockingbird Lane and the freeway. It is on high ground. We propose a two-story modern office building which we are sure will be an asset to the City of West Covina. We will do anything within reason to make this agreeable with our neighbors. Mr. Phil Yeager The zoning on this property at 2808 Monte Verde Drive the present time is .R-3. I Los Angeles County don't feel that is to the advantage of the neighborhood. I would be glad to answer any questions you may have regarding this zoning, Theme being no further public testimony, the hearing was closed. Motion by Councilman Heath, seconded by Councilman Krieger, that Zone Change No. 325 be approved, Councilman Nichols: At the Planning Commission hearing there were residents from Mocking- bird Lane who appeared and protested the application. i.ia.s -there been any meeting with those individuals or any of those individuals subsequent to the Planning Commission meeting? Mr. William Yeager: Councilman Nichols: time was not repeated here tonight? I don't think we have heard from any of them. You have no knowledge as to why the protest occuri.np at that Mr. Phil Yeager: I. think the reason that they are not here is this was explained to them and as such I think it took care of some of their fears. Councilman Nichols: I want clarification from the staff. The original report indicated that this was an area'of mixed devel-opment. Other than the use that has been existing on the corner of r,^ockingbird and Garvey, what other uses are in reasonable distance other than the R-3 and R-l? Planning Director, Mr. Joseph: It'is mainly R-1 and R-3, There is no consistency, When you pet closer to Citrus there is some office zoning and commercial zoning. It is mainly a mixture of low density and higher density in this area. Councilman Nichols: �%7ouid you consider an area, say, Cameron and Sunset, and then moving along Cameron Avenue easterly, an area of no set plan and mixed up? Planning Director, T�,i?r. Joseph: No. On Cameron you have the l - multiple family on the corner.,, the southeast corner, but as you move easterly to Cal.i_fornia It is all low density in that location. -27- I C. C. 12/14/64 ZONE CI.ANC'JE NO, 3 2 5 Continued Councilman Nichols: Planning Director, PIr, Joseph: I' 4 cso- T!•aenty-Eig ht How much R-3 ;Tensity exists .along Garvey in this area you are dis.^ussing? Quite a bits The inconsistency we ,,!ere -referring to was the C-1 for the restaurant, a strip of R-1 within which there is a variance for apartments, then a small strip of R-3 withir: which there are vari'arIces for offices and then a strip of R-1 which backs uT) to the freeway, That distance was between Hollenbeck and Citzus, Councilman Nichols: In effect the granting of this zoning wouldn't help to c°l,=.,.rift' or solidify this matter of mix, it would actually increase this matter of mix, Planning Director, Pir, Joseph: It e;.7ould be increasing the r:,i_xture oI, uses and zoni l"IF Action on Councilman Heath'- motion: T'otion carried, (C'ounci.lman Nichols voted "I''do'l , ) AMENDMENT NO, 68 City Initiated HELD OVER Penue,st to amen: Section 9219.14 of the t°.lest Covina Municipal Code relating to required amounts of off-street parking approved by Planning Commission Resolution No, 1716, City Clerk, Mr, Flotten: Notice of this public hearing appeared in the I,iest Covina Tribune on December. 3, 1964, (Read Planning Commission Resolution No, 1716,) City Manager, Mr, Aiassa: We have received a letter from John L, Gardner, President of the Chamber. of Commerce, dated December 14, 1964 regarding this, I would like this spread in full in the Minutes: "Over one -year. ago, our Chamber of Commerce received a reques4- rrom the West Covina Planning Commission to study the City Off -Street Parking Ordinance, Following due consi..deratiion by our Alerchants Committee and official action at our July 25, 1963 Board of Directory meeting, the recommendation below was transmitted -to the Planning Commission: "'The West Covina Chamber of Commerce believes the existing [Nest Covina City Ordinance dealing with Off -Street Parking requirements is proper and should be observed to the letter in the mutual interest of the entire community, business and public alike, however, in the event a variance request is deemed necessary and.appropriate, such reduction, by variance, shall in no case exceed 150 less than the number of parking stalls required by code, In addition to providing; maximum convenience to the public, this provision will help insure the greatest business success,' INE Ll C, C, 12/14/64 IAMEN'D'MENT NO. 68 - Continued Page Twenty -Nine "Realizing that considerable time has elapsed since this statement was forwarded to the City, we are resubmi_t.ting the Chamber action for your convenience and consideration of Amendment No. 68 to be taken up at your meeting December 14, 1964, to you in this regard," "We are pleased to be of service City Clerk, Mr. Flotten: We have a letter from the West Covina Plaza Merchants' Association strongly supporting the Planning Commission's findings, City Manager, Mr; Aiassa: I think this matter was to be taken up at our meeting of the 21st, I think it should be tabled until.that meeting, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that Amendment No, 68 be held over to the adjourned meeting of December 21, 1964 with the hearing held open, JAMES LOTITO dba JIM'S WATER WHEEL INN LOCATION: 648 South Sunset, Hearing to determine whether or not permit should be revoked, Continued until January 11, 1965, per Council directive, City Clerk, Mr, Flotten: The Council originally scheduled this for this evening and then it was later decided to be to the first meeting in January. Councilman Krieger: This particular issue has a tortuous history over the last two months and we have now a letter from the Chief of Police received by the City Manager on December 7 and Paragraph 3 of this letter states the cabaret dance permit as now issued will expire on December 31, 1964, On January 11 are we going to consider the revocation of a permit that expires on December 31st? City Clerk, Mr. Flotten: On the basis of the motion we set it up in this particular instance so that the license will have expired and there would be no need for the meeting on January 11 but we set it up this way in case something did happen we would be covered. Councilman Krieger: This letter of December 7th from our Chief of Police is the first indication I have had in writing about this license, that it was to expire on December 31st and I don't see why this Council has to go through the motions of meaningless gestures if the facts are as now stated, the license will expire on December 31st. When this was first brought to our attention there is a memo of November 2, 1964 from the Chief of Police to the City Manager and on the second page, the second paragraph he states, "I would suggest that we take action against Jim's Water Wheel Inn under Section 411.1 of the Municipal Code." This is exactly what the Council calendared; it was a hearing under this section, This goes back to November and now we are in December and by the time it next comes before us on ,January 11 the permit has expired, What is !fte-In Ll s C, C, 12/14/64 JAMES LOTITO (.DBA JIM'S WATER WHEEL INN) - Continued Page Thirty the purpose of going through these mental gymnastics in this matter with this knowledge already before the Chief and our staff back in November? Councilman Heath: He can renew it by paying a fee and the license stays in effect until it is revoked, Councilman Krieger: The next sentence in the memo of December 7 states that it is the intention that the permit not be reissued, City Manager, Mr, Aiassa: The reason this report had not gone through the Council is it was reviewed by the City Attorney and it was at the advice of the City Attorney that we did not have adequate provisions to revoke a cabaret permit, After consultation with the City Attorney and the Chief of Police it was advisable that we take this route and we came up with a suggestion of an amendment to the existing cabaret ordinance, Councilman Krieger: With respect to the amendment to the cabaret ordinance, this was a good idea. I would recommend in the future if we have any recommendation by any staff member to the Council that we institute proceedings of this nature that they first check with the City Attorney to find out whether or not we have grounds to do it, Councilman Jett: I think this is a good suggestion, City Manager, Mr, Aiassa: I would like to continue this to the llth and see what happens at the A,B,C, license request and the second thing is the citation that the Police Department did issue on the topless bathing suit and it will be held on the 4th, Motion by Councilman Krieger, seconded by CouncilmanHeath and carried, to rescind the prior action of the Council scheduling a hearing on the possible revocation of the cabaret permit held by Jim's Water wheel Inn, PLANNING COMMISSION METES 9 BOUNDS SUBDIVISION 135-223 R. A. Clark City Clerk, Mr, Flotten: (Read memo dated December 10 to City Manager, from Planning Director re this matter,) Mayor Snyder: Isn't this a little unusual to have the notice sent in this way? It seems to me this might never come up once in several hundred times and if a subdivider found he could file an affidavit and, in fact, not send notices, he could do that, City Manager, Mr, Aiassa: We have changed the procedure, -30- lb Ce C, 12/14/64 'METES AND BOUNDS SUBDIVISION NO, 135-223 - Continued Mayor Snyder: City Manager, Mr, Aiassa: Page Thirty -One Shouldn't he have a registered letter or something? This is being worked on by the staff, Councilman Heath: According to our City Attorney, we can readvertise or send out new notices. Suppose the Council reverses its previous decision and decides not to approve this map? Basically it comes down to one point: The developer says he has sent notices and the people say they haven't received these notices, Where do we stand? There is no way of proving the notices were sent and by the same token there is no way of proving that they weren't sent, Mayor Snyder: Planning Director, Mr,. Joseph: It does say he is required to list those people he sent the letter to. Section 9116 does require the names and addresses of the owners but there are none in this file. They should have been in the file and they should have been submitted. I am at a loss to indicate why it hasn't been submitted, Councilman Krieger: Wasn't the affidavit defective then? Planning Director, Mr, Joseph: It may have been, yes, In the exact terminology of the code the affidavit was defective, Mr. Sorensen has noted if there can be some way to indicate proof it could he applied now, We don't know how proof could be offered. In terms of what is now in the file it is defective. Councilman Krieger: r With a defective affidavit, what would be the effect in subsequent proceedings? Acting City Attorney, Mr. Newell: It could be corrected with a correct affidavit and it seems there is a fault with the staff that allowed this affidavit prior to the hearing of the Planning Commission. You have some responsibility to try to make the record correct if it is possible to do so, Councilman Krieger: Acting City Attorney,.Mr. Newell: Mayor Snyder: Planning Director, Mr. Joseph: Mr. A. M, Gilmore: Councilman Heath: In your opinion it doesn't negate all subsequent procedure? No. Have they submitted since that time a corrected affidavit? No. We will, upon request, Are they stopped on this tract now? -31- C, C, 12/14/64 Page Thirty -Two METES AND BOUNDS SUBDIVISION NO, 135-223- Continued Planning Director, Mr, Joseph: No, Councilman Heath: Can't we stop them? Planning Director, 11r, Joseph: If the Countil wants tog you could. The grading has been proceeding, The permit for building has been issued but there is no building at the present time, Councilman Heath: I.-.e have home owner. g.�oups in this C-i tv who make complaints all over the City and here is some-i riing they, should :1 e crorking On 1-:1ore than anything, else, I think ti'i1.'a 1_-y e, Of flag, lot :.3 tb' ; ,;i�'c. "� dl.s- tasteful and thev7C11"'s thing yo?� Cc:n r'<'1, sib1 ;1�:' "it: a� t <f' , worse than . any zoning we could ever put on any 's;3�:ii:'t:el, _L f 4he..r __, 3n`J ,ray .1 C-;I be knocked out I sure hope :it (::;: n. use, Mayor Snyder: 83 1 i IC*t11 11g; .:�;LDUId be s t c)pped unti i a o.°c^tc.d affidavit is :Filed, Councilman Heath: Where do we stand as, faze as liability is concerned -..n cane we stop this? Acting City Attorney, Mr, Newell; Mr, Sorensen has given his opinion and you have.heard that, that you can readvertisem Councilman Heath: He didn't say what Rsrould happen if we stoTaped construction, Mayor Snyder: Can you withdraw a. building permit once it is issued? Planning Director, Mr. Joseph: Mr, Fowler told me the permit had been issued, I am not sure where they are on the construction, City Manager, Mr, Aiassa: metes.and bounds subdivision,, Councilman Heath: City Manager, Mr,.Aiassa: There were no "No" votes on any of these actions on th-f s There sure was, No, Mayor Snyder: It seems to me if you have an undated affidavit that there was perhaps some intent here -- the fact it was undated, true, the staff failed in picking up this, but. it seems to me there was some intent here of attempting to get around the notification, Councilman Krieger: I don't think it is fair to infer, things into this situation. I think we should take it as we find it and see whether we want to do anything about it, about the facts as they are presently before us, Mr. Sorensen suggests this.might gG back to the Planning Commission for reinstitution of its consideration of a subdivision. My own views would be in accordance with that so -that whatever procedures have not been fully complied.with might be complied with by reinstituting this matter, -32- Co Co 12/14/64 Page Thirty -Three METES AND BOUNDS SUBDIVISION NO. 135-223 - Continued Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that Metes and Bounds Subdivision No, 135-223-be referred back to the Planning Commission for the reinstitution of proceedings normally fol- lowed in matters of approval of subdivisions. METES AND BOUNDS NO. 135-234 Ernest Oo Bartolo APPROVED LOCATION: Intersection of Far'View Lane and Spring Meadow Drive, northerly'of'the southerly terminus of Citrus 2 Lots - 1.91 Acres - Area District III. Approved by Planning Com- mission on December 2, 1964. Mr, Flotten: (Read recommended conditions of the Planning Commission.) Motion by Councilman Krieger, seconded by Councilman'Heath, and carried that Metes and Bounds Subdivision No. 135-234 be approved subject to all conditions imposed by the Planning Commission, REVIEW PLANNING COMMISSION ACTION OF DECEMBER 2, 1964 So indicated by Mr. Flotten. The following items were called up by Council: Precise Plan No. 439 Artie Jett APPROVED Variance No. 537 Artie Jett DENIED PRECISE PLAN NO. 440 Jo K. Eichenbaum APPROVED (Called up by Councilman Heath) (Called up by Councilman Heath) (Called up by Councilman Heath) Variance No. 536 West Covina Music Theater (Called up by Councilman Krieger) APPROVED Precise Plan No. 438 West Covina Music Theater (Called up by Councilman Krieger) APPROVED RECREATION AND PARKS See City Manager's Report -33- C, C, 12/14/64 GENERAL MATTERS 'ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS PETITION AND LETTER OPPOSING A,B,C APPLICATION FILED BY HARVEY KIRBY AND CHESTER L. WILLIAMS FOR ON -SALE BEER LICENSE AT 1426 WEST PUENTE AVENUE, WEST OF SUNSET AVENUE, IN SAFEWAY STORES COMPLEX Page Thirty -Four Mayor Snyder: A sixteen -year -old boy patient of mine states he was approached by someone and asked to sign this petition and the people who approached him stated they were acting in my name. I hope this isn't indicative of how some of the other petitions get signed, Councilman Nichols: I have reviewed the materials here indicating that the school district has gone on record against this application, the church in the report has gone on record against this, the Chief of Police has gone on .record against the application, a number of citizens in the area have gone on record against this application, all of them indicating they desire the City to protest and I would like to go on record that I am against this application, Mayor Snyder: I would agree with you, It is the.type of commercial that is inserted into a residential neighborhood as is and I don't think it should be there. Motion by Councilman Nichols, seconded by Councilman Jett, and carried, that the Council authorize the Chief of Police to file a letter of protest to the A,B,C, in respect to this application, CITY ATTORNEY ORDINANCE N0, 893 The Acting City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GIEST COVINA AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO FEES AND CHARGES" Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to.waive further reading of the body of the ordinance, -34- C, Co 12/14/64 Page Thirty -Five ORDINANCE NO. 893 - Continued Motion by Councilman Krieger, seconded by Councilman Heath, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Heath, Nichols, Mayor Snyder Noes: None Absent: None Said ordinance was given No.893., ORDINANCE INTRODUCTION The Acting City Attorney presented: Z.C. 323 Scott "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA. AMENDING THE WEST CM '7TNA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC323, Scott) Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that said ordinance be introduced. RESOLUTION NO. 3057 The Acting City Attorney presented: V 538 Scott "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA GRANTING A VARIANCE" (V 5389 _Scott) Mayor Snyder: Hearing no objections,, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Krieger, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes:. None Absent: None Said resolution was given No. 3057. ORDINANCE INTRODUCTION Z. C. 32E Jett The Acting City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 326, Jett) Motion by Councilman Krieger, seconded by Councilman heath, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that said ordinance be introduced. (Councilman Jett abstained.) -35- III C C. C. 12/14/64 CITY ATTORNEY 1 Continued Page Thirty -Six ORDINANCE INTRODUCTION The Acting City Attorney presented: "AN ORDINANCE OF THE CITY cnUNCII, !)!7 THIF CTTY OF WEST COVINA AMENDTHC CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODIIE RELATINO Tn TAXICABS' Mction by Councilman Krieger, seconded by Councilman Heath, and carriedi to waive further reading of the body of the ordinance, Motion by Councilman Krieger, seconded by Councilran Heath, and carried, that said ordinance be introduced. ORDINANCE NO. 894 Cabarets and Cafo,5 ADOPTED The Acting City Attorney presented: "AN nRDINANCE OF THE CITY COUNCIL OF THE CITY nF WEST COVIHA AMENDING THE WEST CnVINA MUNICIP01., CODE BY THE ADDTTTOM THERETO OF A NEW SUCTTOM 1110.1 AMD AMENDING SERTAIN OTHER SECTIONS RELATINC TO.CARARETS AND CAPES" Motion by Councilman Heath, seconded by CouDoilman Krieger, and carried, to Waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Krieger, that said ordinance be adopted. Motion passed on rail call as follows: Ayesl Councilmen jett, Krieger, Nichols, Heath, Mayor Snyder Noes: one Absenti None Said ordinance was given No, 994. RESOLUTION NO. 3058 V. 53? Wallichs Music City ADOPTED Mayor Anyder: The WAE City Attorney pre2nntedg "A RESPLUTIONAF THE CITY COUNCIL, OF THE CITY OF WEST COVINA GRANTTHO A SIGN VARTANCE" Q S34* Wallichs Music City" Hearing no objections, we will Wavefurther reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman jett, that saQ1, resoluticn be adopted. Motion passed on roll call,as fojlops� Ayes, Councilmen jet, Nichols, Heath, Mayor Snyder Noes: Councilman Krieger Absent: None Said resolution was given No. 3058 C, C, 12/14/64 CITY ATTORNEY - Continued RESOLUTION NO, 3059. Telephone Company ADOPTED Mayor Snyder: Page Thirty -Seven The Acting City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF (;TEST COVTNA PROTESTING THE GENERAL TELEPHONE COMPANY PROPOSED BOUNDARY AND RATE CHANCE" Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heathq seconded by Councilman Nichols, that said resolution be adopted. Motion passed on roll call as follows: ) vd e r Ayes: Councilmen Tettq Krieger, Nichols, Heath, "n Noes: None Absent: Hone Said resolution was given No. 3059, RESOLUTT01-1 NO, 3060 Consolidated Fire Protection District Protection District ADOPTED Mayor Snyder: The Acting City Attorney presented. - "A RESOLUTION OF TT -TT_, CITY COUNCIL OF THE CITY OF t.!T7ST rOVTNA DESCRTBIN(-' A CE7TATIJ Pn"?TTnN OF THE CONSOLIDATED FIRE PROTECTION DTSTP'[CT WHICH HAS BEEN TNCLUDED WT71171:1 TJ9r CITY OF WEST COVINA AND DECLA7T1,4(7, TITT-' S Ail - BE � , E I . "0 WTTHDPA!A ' IN FROM SAID DISTRICT" (Annex #185 & #186) Hearing no ob,'jectio-,,:I rTe will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Jett, that said motion be adopted. Motion passed on roll call as follor,js, Ayes: Councilmen Jett9 Krieger, Nichols, fieath, Snyder Noes: None Absent: None Said resolution was given No, 3060. RESOLUTION NO. 3061 The Actino Cit,7 Attorney presented: Tax Districts T ' ADOPTED "A PEsnLUTTON 07 THE CT� ' 'Y COUNCIL OF THE CTTV OF sJFST V 14 Cn INA , DJ7ST(.'-T-JATTj,,!(7, '.'.AXATTr)T-,Ti T T) 1STT,,TrT Fo7 '73171,7 rr-)7� ""Hr" T:T PA 1965-196611 Mayor Snyder: Hearing no objections, t,7p will waive further reading of the body of the resolution. -37- C, C, 12/14d64 Page Thirty -Eight RESOLUTION NO, 3061 - Continued Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted,, Motion passed on roll call as follows: Ayes; Councilmen Jett, Krieger., Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given Ido,, 3061, -CITY CLERK MARCH OF DIMES REQUEST TO CONDUCT ANNUAL SOLICITATION CAMPAIGN IN JANUARY OF 1965 Motion by Councilman Krieger, seconded by Councilman Jett, and carried, to grant permission to th.e Mardi of Dime; to conduct their annual solicitation campaign in January of 1965, 9 PROPOSED ANNEXATION NO, 31 TO THE CITY OF LA PUENTE Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that this matter be referred to the staff for a report, COVINA RESOLUTION REGARDING AMALCAMATIOr,1 City Clerk, Mr. Flotten: You have conies of Plesoluti_on No, 2027 from the Citv of Covina with respect to amalgamation, Mayor Snyder; It seems to me there has been no official communication from us to them regarding this. I don't know what the resolution is answering except the newspapers, HUMAN RELATIONS COMMISSION City Clerk, Mr, Flotten; The Council has copies of this letter dated December 10 from Raymond E, Tyson, Jr, with respect to the Human Relations Commission • and he would .like to speak to the Council ,_.bout this, Mayor Snyder: He can certainly come up and speak, but under Oral ('ommunications. Motion by Councilmain Nichols, seconded by Councilman Heath, and carried, that the City Clerk be authorized to direct a letter. to Per.. Tvson and suggest that he appear before the Human Relations Commission and discuss the problem. he has in mind, - 0 8 - • C, C. 12/14/64 CITY CLERK - Continued SMOG PROBLEM City Clerk, Mr, Flotten: JUNIOR MISS DAY Page Thirty -Nine You have copies of this letter from Mrs. Dor4o C'Vinovich regarding the smog problem, City Clerk, Mr, Flotten: We have a.letter from the West Covina Junior. Chamber of Commerce directed to the City Council requesting the proclamation of January 9, 1965 as Junior Miss Day of West Covina, (Read letter re this matter,) Mayor Snyder: DRAINAGE PROBLEM If there are no objections, I will so proclaim. (No objections voiced.) So proclaimed, City Clerk, Mr, Flotten: The Council has copies of this letter from Mr. and Mrs, E. J. Tyrell of 2128 East Cameron Avenue regarding their drainage problem. Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that this matter be referred to the Public Works Director for action, BEVERLY HILLS RESOLUTIONS City Clerk, Mr, Flotten: The Council has copies of these two resolutions from Beverly Hills opposing Assembly Bill 2334 and Assembly Bill 1717. Councilman Jett: From all indications it isn't going to do much good to object to this because at the hearing all the major newspapers, all television stations, and all radio stations, all news media were there in favor of both bills and it was quite evident that the opposition was just being shown the courtesy of being heard, Mayor Snyder: I�still think the resolution on television is an invasion of our home rule rights. I think we should determine for ourselves whether we want to do this, I would oppose the intrusion of television into Council meetings, Councilman Krieger: What has the League of California Cities been doing? -39- C, C, 12/14/64 BEVERLY HILLS RESOLUTIONS - Continued Page Forty '• City Manager, Mr, Aiassa: Before Mr, Jett went to the hearing I talked to Mr. Carpenter and he suggested that we make an official protest but write a similar letter - of that protest to the various Assemblymen i_n our district, which we did, The League is taking an official position but they can only take an official position if it is supported by a.11 the cities who are members of the League, It will come up the first meeting inJanuary. Councilman Krieger: We have to take a position on each of the two resolutions and take a position as to whether or, not we wish any official communications to our Assemblymen, Motion by Councilman Krieger, seconded by Councilman Nichols, and car. r. ied, that this Council go on record .in favor of the resolutions of opposition in 'the form adopted 1)(7 the City Council of Beverly s hills with reference to both of thee items. F"SOLUTION NO, 3062 The City Clerk presented: A. B. 2334 "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF [,JEST COVINA OPPOSING THE ADOPTION OF ASSEMBLY BILL NO, 2334" M ,�� Mayor Snyder: _ Hearing no objections, we will waive further reading of the body of the -resolution, Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, heath, T?ayor Snyder Noes: None Absent: None Said resolution was given No. 3062, RESOLUTION NO. 3063 The City Clerk presented: A. I3. 1717 "A RESOLUTION OF THE Ca..TY COUNCIL ADOPTED OT` THE CITY OF r,JEST COVTN/s, OPFOSII�dC,' THE ADOPTION OF ASSEMBLY BILL NO, 1717" Mayor Snyder: Hearing no obA,ect5.v,r1c., waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Jett, that said resolution be adopt ed , PIoti on gassed on roll call as fcllows : Ayes: Councilmen Jett, Krieger., Nichols, Heath9 Mayor Snyder Noes: N a n e Absent: None Said resolution was given No. 3063. -40- C, C. 12/14/64 Page Forty -One BEVERLY HILLS RESOLUTIONS - Continued Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that evidence of our opposition and that copies of each of these two resolutions be communicated to the three Assemblymen representing this area and copies to the League of California Cities, DEPARTMENT OF EMPLOYMENT OFFICE ATTENDANCE AT SACRAMENTO Mayor Snyder: I think a Planning Commissioner should go. Mr. Gleckman has indicated his availability. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the Mayor and Commissioner Gleckman be authorized to go to Sacramento on Wednesday, the 16th of December, 1964 to appear on behalf of. the City in relation to the hearing on the location of the Unemployment Office, CITY TREASURER None CITY MANAGER REPORTS CIVIC CENTER STATUS OF S.R.I. REPORT City Manager, Mr. Aiassa: Councilman Krieger: Mayor Snyder: This is an expenditure of $4300 for Phase 1. (Read report re this matter. When would be the first date for that? I think the 18th would be good for most of us. Motion by Councilman Nichols, seconded by Councilman Krieger, to authorize the placement on the agenda of the item of payment to Stanford Research Institute. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: Councilman Heath Absent: None Krieger, Nichols, Mayor Snyder -41- • C Ll C, C, 12/14/64 CITY MANAGERS REPORTS - Continued CIVIC CENTER NEPTUNE 9 THOMAS STATUS REPORT OF POLICE 9 CITY HALL PLANS Page Forty -Two City Manager, Mr, Aiassa- We held this up subject to the research study of the civic center auditorium, subject to the five-year progress report. I.will put this for the first meeting in January, CIVIC CENTER E.O.C. REPORT City Manager, Mr. Aiassa- We have a memorandum directed to me from. Cleo BOSChOf, f , dated December 10, 1964 re this matter. I would like this spread in full in the Minutes - "Our Phase I (site investi- gation and feasibility determination) of the proposed E.O.C, is due in Sacramento 30 December. I am fairly certain that we will make the deadline. Our status right now is- 111. Contract in effect with Neptune and Thomas. 112, Neptune and Thomas have - a registered CD trained architect working on the plan for the blast and radiation parts. - a mechanical layout man - an electrical layout man, "3. The final draft will be given to us for review by 16 December. 114. I have the related paper- work ready to forward with the exception of a statement from the Public Health Department for which a meeting has been arranged, "As soon as the plan is ready, I will confer with you .for a final check and review, "When Sacramento (State) and Santa Rosa (Federal) have reviewed the project, we will receive either approval for construction (Phase II) or a list of items to be corrected." HUMAN RELATIONS COMMISSION REPORT City Manager, Mr. Aiassa- This is regarding an advisory council to the Human Relations Commission. Mr, Ralph Goldstein- I am a member of the Human Relations Commission. We are a small commission tackling -this problem. We are limited in our powers. We are all agreed that we need somebody to help us to get everyone in the community working with us and on that basis we have come -4 2- CQ Ca 12/14/64 Page Forty -Three TiUMAN RELATIONS COMMISSION REPORT - Continued 0 up with an idea of the advisory council to assist us, This is not an unique idea, It is recommended in the Guidelines for .forming a human relations commission. The proposed resolution has not been adopted formally, We haven't decided if an advisory council is permitted, just how many people we have on there, but the purpose mainly is to get all of the interested main groups of West Covina to work with us. The only question raised is since we are limited in our powers whether there was any objection on the Council to the formation of this additional advisory council, One other thought we had, there had been some talk that one thing wrong with our Commission is as we are there is no representation of the Negro people on the Commission and to get something done in a biracial group one way we thought in addition to having these groups represented on the advisory council that there would be an additional individual members to be appointed by the Chairman at least two of whom would be of the Negro race and we think in this way we will answer that criticism and also will be able to have both sides represented and when a problem comes up we will have a very potent and informed group who can help us with any problems that do come up, In looking over the resolution appointing us authorizing us to initiate and encourage activities which tend to promote interracial and interethnic harmony and progress and to foster mutual understanding and respect among all racial and ethnic groups, we believe we are authorized to do this but it is an important step and that is why we came before the Council to ask your approval for the formation of such a group, Councilman Heath: We do have a Commission now which is handling some important matters such as planning this City and I don't see where they need advisory groups. I think by building an advisory group here we are building this up to make a Federal project out of everything that comes _up, There was mention of biracial where at least two Negroes should be on the council, Why don't you consider the Mexicans, Japanese and all the other people? Why does it have to be only the colored people on there? How about these other nationalities? We are not running this council for the benefit of the Negroes but for everyone, Mr, Ralph Goldstein: I agree with.that and there are additional members authorized to be appointed to the advisory council. Human relations requires community participation, It is the dissemination of information and the education of the people that will do us the most good, Councilman Krieger: Was this a position taken by all members of the Human Relations Commission? Mr, Ralph Goldstein: Yes, All of them were in favor of this advisory council. There was some discussion as to how to form it and who should constitute the membership of the group, Councilman Krieger: Your statement is that this is a request of all members of the Commission? -43- C, C, 12/14/64 ..Page Forty -Four HUMAN'RELATIOPIS COMMISSION•REPORT Continued Mr, Ralph Goldstein: Yes. Councilman Krieger: It seems to:me.that this is a subject.we..ought.to be able to spend a little more time on to determine..the merits of.this.request. .I would tend to think.that we could.better_.serve this matter if we were .to hold it over to a study,sess'ion.and invite the members of the human Relations Commission to be wi_th..us that evening so we could discuss this progress and their'proposal:and.determine at that time whether or not there is sufficient justification to grant them this additional authority, Mayor Snyder: I am wondering if they even have to come to the Council to ask for this, I would interpret that resolution to give them the power to set this up without asking the Council, Councilman Jett: It surprises me that we gave them such broad powers, Councilman Nichols: T would like to stipulate, that these comments have no bearing at all on how I would react upon study and examination to this particular proposal, . There was an amendment to the draft of the resolution that contained these words, in effect: That the Commission shall have the power to appoint such internal sub- committees as it shall deem necessary to its operation. I would cite that section rather than the other section to state that in my opinion in drafting that it was my intention that the Commission would not appoint committess ofoutside groups except through express permission of the Council and it vias my i.nte1ztion c,7hi.ch I evi_dei,tl y die not convey adequately, that the area of interpretation was substantially that to engage in activities did not include that of appointing formal outside groups to relate and if that area of confusion remains and exists then I think perhaps it would be'i.n order for the Council to consider the matter because it obviously is one where we did not have common agreement as to that intent there and to see -That the Council's intent was in that respect. Councilman Jett: My interpretation was sub- stantially what Councilmc,1 Nichols said. T felt that meant .,:,ettin7 utlp within the five members. I never thol:.aght it culd be e. T)anded, Councilman Krieger: 1,11ila t: is thF� Tir ;t available s1=udy ;:;ess i an we havc City Manager, Mr. Aiassi.: Feb,7ua?-v 1, 1.965. 1bCouncilman Jett: Can �-ie cli..scur-s the budget at that ti^:e, toc,? City Manager, Mr. Aiassa: Yes. T will have a .report for you before that meeting and that can be tied in with the meeting. -44- • Is C, C, 12/14/64 Page Forty -Five 'ITUMAN'RELATIONS COMMISSION REPORT - Continued Mayor Snyder: I think we should temporarily grant them a budget of $60,00 a month to nay for stationery, secretarial minutes, et cetera, Motion by Councilman Nichols, seconded by Councilman Krieger, to authorize $60,00 a month for the months of December and January to cover the necessary expenses of the Human Relations Commission, Motion passed on roll call as follows: L Ayes: Councilmen Krieger, Nichols, Beath, Mayor Snyder Noes: Councilman Jett Absent: None Mayor Snyder: I think it would be wise if ,,ie have a Council representative attend on a rotating basis the Human Relations Commission meetings, Councilman Nichols: Councilman Heath: Mayor Snyder: CENTER STREET EXTENSION I think that would be appropriate, Yes. I will make an appointment later, City Manager, Mr, Aiassa: Gqle have a letter directed to the City Manager, dated December 14, 1961E from A, C4. Hoy, Deputy District Engineer, Division of Highways, regarding the Vincent Avenue Interchange. I would like this spread in full in the Minutes: "Deference is made to the agreement between the State and the City of West Covina covering construction of Center Street between Vincent Avenue and State Street, "As you know the trial covering acquisition of right of way for Center Street has been completed, Under the terms of the agreement, the approximate cost to the City for its share of the right of way is as follows: "Land value $103,500 Severance damage 15,500 Legal costs to date 112000 Total $130000 "Cost -to City $ 659000 "We anticipate that Schlanger and Curtis .will fil:e a motion for a new trial and that, if, their motion is denied, they will file an appeal, "Unless the City objects to proceeding with the construction contract, we plan to advertise the Vincent Avenue project for bids as soon after January 4, 1965 as is feasible," -45- • 0 Ca C. 12/14/64 Page Forty -Six CENTER STREET EXTENSION - Continued Motion by Councilman Krieger, seconded by Councilman Heath, and'carried, to accept the letter written by Mr, A. W. Hoy of the State Division of Highways and dated December 14, 1964 and accept their recommendation for a plan to advertise for Vincent Avenue Project for bids as soon after January 14, 1965 as feasible, RADIO BOOSTER STATION REPORT City Manager, Mr, Aiassa: Mayor Snyder: COUNTY FIRE PROTECTION DISTRICTS City.Manager, Mr, Aiassa: FIRE HYDRANTS AZUSA VALLEY WATER COMPANY REPORT I would like to hold this to the 28th, Fine, We have taken care of this. I don't need any action on this,' except to advise the. City Council, City Manager, Mr, Aiassa: Under the provisions granted by the P.U.C. the Azusa Valley Water Company is going to raise their hydrant rental from $1,50 to $2,50, I protested this but didn't get too far, Motion by Councilman Krieger, seconded by Councilman Nett, and carried, that this matter be' -referred to the staff and the City Attorney for report, CAPITAL OUTLAY BUDGET ACTION City Manager, Mr, Aiassa: Mayor Snyder: PERSONNEL STATE RETIREMENT COMMITTEE RECOMMENDATION, . Do you want a work session on this? This is set for the 21st, City Manager, Mr, Aiassa: A, motion was made by Mr. , �'pYrAboq eY that the Personnel Board recommend that an actuary study for the State Retirement Plan be made with the cost set at approximately $870. It is further pointed out that the City Employees' Association has expressed an.interest in participating in the expense of said study, They are willing to }gay one third, -46- C. C, 12/14/64 Page Forty -Seven 'PERSONNEL (STATE RETIREMENT COMMITTEE RECOMMENDATION) - Continued Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, that the Council authorize the City Manager to negotiate to enter into such an actuary study, PUBLIC SERVICE TRAFFIC COMMITTEE REPORTS Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that the Traffic Committee Report of -.'October 30, 19.6.4 be received and placed on file. Hold report of December 8th to December 28, 1964. PUBLIC SERVICE STORM DRAIN DESIGN AND CONTRACT RECOMMENDATION 1964 BOND ISSUE City Manager, Mr, Aiassa: You have received a copy of the report from Mr. Adams and his staff, Motion by Councilman Jett, seconded by Councilman Nichols, and carried, that the report be accepted and the proper agreements be drawn with the two firms to comply with the recommendations of the report, PUBLIC SERVICE TRACT 28629 City Manager, Mr. Aiassa: I think this should be handled by Mr, Adams. You have all received a copy of the report of December 11. Pbblic Services Director, Mr, Adams: On Sentous the City boundary is in the middle of the street. We were getting 40-foot dedications on our half and the Countv submitted to us a tentative map but when the final map came in to us it came to us for the reason that since it was filed, a certain annexation has taken place and the map proposes to include a portion of two other streets within the City so we have to sign the map. Before we recommended thesignature on the map we went back to the County to try to get an additional consideration on the dedication, We have asked the developer to voluntarily dedicate it. We are saying now the only thing we can do is sign the map because we are required to do that if they leave the streets on and make the best of the situation. If at some future time the traffic generates as we think it will then we have a problem in having a street that isn't a full width. RESOLUTION NO. 306.4 The City Clerk presented: Tr, 28629 "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF f,,IEST COVINA .APPROVING A PORTION OF THE FINAL SUBDIVISION MAP OF TRACT NO, 28629 WITHIN THE LIMITS OF THE CITY OF WEST COVINA, ACCEPTING THE DEDICATION THEREIN OFFERED, -47- • E C.. Ca 12/14/64 Page Forty -Eight PUBLIC SERVICE (TRACT NO. 28629 - RESOLUTION NO. 3064) - Continued Mayor Snyder: APPROVING THE ACCEPTANCE OF AN AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND TO SECURE THE SAME BY THE COUNTY OF LOS ANGELES"(Tr, 28629) 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. 3064. PUBLIC SERVICE PROPERTY APPRAISALS MERCED REALIGNMENT SKELTON PROPERTY JONES PROPERTY ALLSOP PROPERTY City Manager, Mr. Aiassa: We have a fee of $300 plus the cost of obtaining house moving estimates and it would take two weeks to proceed. Mr. Baker is not able to give us a concrete figure as to what the house is worth moved back or moved from the premises. It might be possible to hold this property of Skelton for possible future sale and make a direct approach to Allsop, Councilman Jett: I would like to see us get this street opened up. I would like to see the City start condemnation for street widening; on Allsop's property. Councilman Krieger: City Manager, Mr. Aiassa: Councilman Jett: Don't you have the condemnation on the Jones' property that will tie you down for a while? Yes. I think $500000 for the Allsop property is a reasonable figure. Motion by Councilman Jett, seconded by Councilman Krieger, and carried, to immediately make an offer to Mr. Alsop through the firm handling his sale, a firm offer of $50,000 and if he accepts, fine; if he does not accept, we immediately proceed with condemnation; that the staff has the authority to proceed, Councilman Jett: Move that the City Manager be authorized to engage Harrison Baker for the purpose of making the appraisal on the Jones' property with a view to proceeding with condemnation for the purchase of said property to complete the alignment of Merced Avenue. Mm Co Co 12/14/54 Page Forty -Nine 'PROPERTY APPRAISALS (PIERCED REALIGNMENT) —Continued Councilman Heath: By the time Are get through with the condemnation and pawing him. what the thing is worth we.could buy it for that kind of money, Councilman Krieger: GJhv don't we offer him the amount we are going to pa.v the appraiser and see if he accents that? Councilman Nichn]_s: I think th-a appraisal is too much because of the price of the land,. Has the gentleman who owns this property been approached and asked -if he would be interested in selling; this small . strip that �rou need and if so, what he would leant for it? ✓ Mayor Snyder: Yes, He wants zoning, Councilman Nichols: I concur we must move ahead with this project, Councilman Jett: I will withdraw my motion, Motion by Councilman Krieger, seconded by Councilman Beath, and carried, that an offer be made to Mr. Jones for the 49000 square feet in question of $1$00. PUBLIC SE_R,VICE PROPERTY APPRAISALS CAMERON AVENUE EXTENSION City Manager, Mr, Aiassa: We have submitted to you a written report on this matter. (Read said reT)ort. ) Councilman Heath: I can't figure how you would install,a new water lint. for maybe 400 feet and leave buta section for 75 feet and then install another 75 feet. Public Services Director, Mr, Adams 14e have to angle out. He isn't willing to .do it now, or put in the curb and gutter, Councilman Heath: The angling out is going to cost extra money. Instead of putting it in at an angle why .not put.it•in the new piece of pipe? You are going to have a terrific expense for angling and the burden of that will be placed'on all the cooperative property owners, Instead of taking the cooperative property owners' money by angling,. et cetera, take that money and put in a straight piece of pipe and have the thing all done, Public Services Director-, Mrr. Adams: This is handled between the property owner and. the water company, 1,1e aren't involved in this at all. Motion by Councilman Krieger, seconded by Councilman.N:i,chols, and carried, that the report be aco.epted and placed on .file. -49- • C, C, 12/14/64 CITY MANAGER REPORTS - Continued PROPERTY APPRAISALS PARK SITES Page Fifty Councilman Nichols: Our own Planning Director did give us a statement some time ago that he felt he came fairly close to the appraisals. Motion by Councilman Krieger, seconded by Councilman Nichols, that the Council authorize an appraisal to be made by Harrison Baker on the two proposed park sites and that the City Manager be authorized to enter into a contract not to exceed the sum of $19000.00. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Mayor Snyder Noes: Councilman Heath Absent: None PUBLIC SERVICE DRIVEWAY DESIGNS City Manager, Mr. Aiassa: PUBLIC SERVICE WEED ABATEMENT PROCEDURE City Manager, Mr, Aiassa:, PUBLIC SERVICE AZUSA AVENUE EXTENSION PLANS This is to be held over until December 28, 1964. We will hold this to 12/28/64,. City Manager, Mr, Aiassa: We will hold this to 1.2/28/64;, We have the plans for the extension here, I also have the report, AGENDA DISTRIBUTION REPORT City Manager, Mr, Aiassa: I have the breakdown on the distribution of the agendas. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to eliminate the mailing of the agendas to those people on the list who received a majority vote that they be cancelled, SMOKING REGULATIONS IN COUNCIL CHAMBERS Councilman Nichols: We received the letter from our Fire Marshall saying he had received complaints of -smoking in this room, I feel it is not right for us to smoke on the Council if people in the audience are precluded from doing it, On the other hand, I would point out that most -50- 11 Co Co 12/14/64 Page Fifty -One SMOKING REGULATIONS IN COUNCIL CHAMBERS - Continued of - the locations that would be of a similar nature of this in -the City'" that I am aware of do provide ash trays and do allow it' I would abstain from taking a stand on this matter but I feel this is something.the Coun- cil should decide on. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that no smoking shall be allowed in Council Chambers during meetings, TREES FOR WALNUT CREEK PARKWAY City Manager, Mr. Aiassae I would like the Mayor to acknowledge that the Junior Women"s Club of West Covina is taking an active part to plant these trees. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Mayor be authorized to acknowledge appreciation to the Junior Women's Club for their participation in this program, TAX DELINQUENT LAND (Report Dated November 19, 1964 from' R. E. Pontow, City Engineer as follows: "Upon review of the property described in the letter from the County of Los Angeles as "Tax Delinquent Lands Sale Series 87-A" I do not feel it would be to the City°s interests to acquire said parcel for any purpose. • The parcel described is on the side of'a ravine which runs along the rear of the homes on Hillhaven Drive. A private road runs along the bottom of the ravine to serve the homes and the Baptist Seminary, Both the homes and the Seminary have sewers and street access and have no need for public ownership of this parcel. The parcel is extremely steep except for the road portion and could not be built upon without extensive excavation. There does not appear to be a need to acquire this parcel for storm drain pur- poses either. For these reasons it appears that we could make no logical use of this property. City Manager, Mr. Aiassao This is Parcel No. 1047. We have no use for it in the City. This is tax delinquent land sale series 87-Ao Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the report be received, ZONE CASE NO, 4861-1 City Manager, Mr. Aiassao The Council has received a report on this. Motion by Councilman Heath seconded by Councilman Krieger, and carried, to accept the report and place it on file, Is CREDIT UNION SPACE IN CIVIC CENTER City Manager, Mr. Aiassao We have a request for the Credit Union to have a space in the new City Hallo I think this should be referred to the staff. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that this matter be referred to the staff to meet with the architect to see what he says, - 51 - Co C, 12/14/64 CITY MANAGER REPORTS'- Continued qP LANDSCAPING REPORT TRAFFIC ISLAND IMPROVEMENT REPORT City Manager, Mr, Aiassa: Page Fifty -Two Cost is about $500 and it is Sunset Avenue and Sunset Place, Motion by Councilman Jett, seconded by Councilman Krieger, that the staff be authorized to landscape the land , the traffic island at Sunset Avenue and Sunset Place at a cost not to exceed $500.00 as per their report, Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absent: None LANDSCAPING REPORT ROWLAND AVENUE MEDIAN STRIP LANDSCAPING REPORT City Manager, Mr, Aiassa: Krieger', Nichols, 'Heath, Mayor Snyder You have a copy of this report. Motion by Councilman Krieger, seconded by Councilman Jett, that $203,30 be appropriated from the.Capital Improvement Project 125-6304 for the Rowland Median Strip Landscaping and that the staff report be accepted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absent: None MONTHLY BUILDING PERMITS NOVEMBERS 1964 Krieger, Nichols,'Heath, Mayor Snyder City Manager, Mr, Aiassa: I would like to make it a practice for you_to.receive these reports. These are the permits for the month of November, 1964, Mayor Snyder: City Manager, Mr, Aiassa: This is just -another item on our agenda. Is it necessary? It is a good'policy because these reports are.used-,for statistical purposes, Councilman Heath: Let's eliminate -this, Motion by Councilman Krieger, seconded.by Councilman Jett, and carried, that this item be approved inasmuch ad= it is on the ---Council agenda tonight. Motion by Councilman Kri*ger, seconded by Councilman Jett, and carried, that no further monthly building permits be submitted for approval to the Council as a regular agenda item, -52- Co C, 12l14i 64 1' r? Fifty --Three CITY MANAGER REPORTS Continued RECREATION AND PARK DEPARTMENT REPORT Motion by Councilman Kr7.ea ear, secorided b•'r t`C)unc_lznn:n ie a t I andcarried, that the report o f. the Park and., I?.c�'c.�,, :?. -,-L,i.03". sec):- be accepted in.summary. URBANTRANSPP ?�;TATIO' Pr OC;;SS CONFERENCE ATTENDANCE C-ity Manager, Mr. A assa : : ,car '° lnrju, h t i. t ~,; g:nt he a �r - c, goo);' icle_?. if some o the Councilmen might he interested in going :�. s :.n Fei�rua.ry 6 to 11� 1965 and it is in San Franci-sco. 'Read report re this matter. ) Mayor Snyder: ,?c i_11. not take action on this ton ` J.1 SCF-iORNAGLE PROPERTY City Manager, i"r Aiassa: i"rs , rci�orra ge.'s > cperty will r �; ,� be uT) for disposition by the City Council This property will he vacant and. probated within a very short time, Councilman Krieger: City Manager.. Mr. Aiassa: I thou,tli_i.�, �d. is ,E life estate. There are f ax nishingr3 in there. Councilman ,Jett: :1.t, •.7n b'3 . upon t t ;al.T.tC'r1at_l.Cai_ _'_ti p he event of her dea�:� come; to r'z, • �'` �1.cG:t� �: bank to the ba ' holding it in escrow, notifying them of her death. You ;,idy have to have a death certificate. That „?ill it Zri _i.t attorcat:i.r..ally cancels it. I think we should get this ree-ciy for the auditorium, 7_t�.r ^�an.ger, i Ir Ai_a ; ,a ° Councilman Nichols: IoT..,? :.bou,t the house .for City Purposes? In that location and proximity that is a good idea. Motion by Councilman N.ichols, ::seconded by Councilman Nett, and carried, that the Council authorize the City ;Manager to utilize the building used Is by Mrsa Schornagle for' City use until such time as demolishin41 the el structure will be in carder. REPORT ON CLOSING OF ROBBIN' S PROPERTY SALE City Manager, PMr., Aiassa: The N^alignment -,',-ias been com- pleted. These is a. .fee that must be approved,, the City of ,,Jest Covina ,s. Robb.i-ns, Su-per4,, Court No. 832607 and the fey, is480.006 -53 Co C. 12/14/64 Page Fifty -Four REPORT ON CLOSING OF ROBBIN'S PROPERTY SALE - Continued Motion by Councilman Jett, seconded by Councilman Krieger, to authorize. the sum of $480.00 to be paid in the case of The City of West Covina vs. Robbins. Motion passed on roll call as follows: y Ayes: Councilmen Jett, Krieger, Nichols, Heath, flavor Snvder Noes: None Absent: None CITY ATTORNEY'S OPINION ANNEXATION TO P,C, City Manager, Mr, Aiassa: This is uninhabited. This is a report from the City Attorney, Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, that the letter from the City Attorney re this matter be accepted and placed on file. CITY ATTORNEY'S OPINION MUNICIPAL CONSOLIDATION. City Manager, Mr, Aiassa: This is a ted breport rea_ues _ p � y the Council. Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, that the -letter from the.City Attorney re this matter be accepted and placed on file, CITY ATTORNEY'S OPINION CABARET DANCE BEARING Motion by Councilman Nichols, seconded by Councilman Kreiger,'and carried, that the letter from the City Attorney re this matter be accepted and placed on file, LEASE -PARKING AREA AT CORTEZ PARK City Manager, Mr, Aiassa: We have had a meeting with Mr. Gamier and his sister, Mrs, white, and they made us a proposal that we at least pay the taxes and the weed abatement and I can't see any objection to that. ' Motion by Councilman Krie er seconded g ' d by Councilman Jett, that the lease for the parking area at Cortez Park be renewed for a one-year period for one year base rent of taxes and weed abatement cost. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None -54- C. C. 12/14/64 Page Fifty -Five LEASE PARKING AREA AT CORTEZ PARK - Continued Councilman Nichols: Has there ever been an investi- gation of the possibility of purchasing that land and leaving an access to the property? City Managers Mr, Aiassa: COUNCIL COMMITTEE REPORTS WATER PROBLEM JOINT POWERS AGREEMENT AND FUTURE ACTION Councilman Krieger: Mayor Snyder: . DISPOSAL COMPANY APPROVE COST OF AUDIT Yes, We are making a report on this, I would like to have this put on the agenda at an earlier hour, Put it at the top of your agenda for the next meeting. Motion by Councilman Nichols, seconded by Councilman Krieger, that the City Manager be authorized to pay Mr, Evans $100.00 for the cost of audit of the disposal company, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None LEAGUE OF CALIFORNIA CITIES Councilman Jett: This has already been taken care of SISTER CITY BY-LAWS Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this matter be held over, to the meeting of the 28th, Is CHRISTMAS TREE LOTS Councilman Krieger: Christmas tree lot on Cameron and Azusa, if the Council remembers, they reversed their previous action and allowed them to carry on a Christmas tree lot there but when I went by last night they now have a spotlight there. I hardly conceived that was Taithin your original intent in reversing yourselves and in granting them the permit. If there is something that can be done now I think it should be done. -55- C, C. 12/14/64 CHRISTMAS TREE LOTS - Continued. Mayor Snyder: r ' 0 City Clerk, rIr, r lotten: CANDIDATE ACC^1-jN'F1-NG Councilman Krieger: Councilman He-ath, City Clerk, P^r. F'lotten. Councilman Krieger: MEETING WITH WALNUT I thou^ht they had to hF�ve a pFrl'. _t. for t.•hc ; .a 3 ' - n 7 They do. The,, Flon ° -- have one. ?a:;tr�' -1tiy' i:A:•�r'i'"ni3.i'1.!?n t7r: 'trl_ie e-,,'1" To . T. [- !. _L if you %,, Cant . s lo-l; ?:e ve a re�or` r ,_ ,.� � ,. th '�() � Fie if cae h�l.�e _nv , Mayor Snyder: J.-1. J_ a Puer. par', "cw--='= but we have never made any over"i:u—es `ilT,,(irf�.,1In, d 7 t;:i:lk y sometime neat year we should have a ine. z'ti_ng with _`hum. iJ� c'ari Coi'..�'•'I.�'er it after the first of the year. V LENGTHY COUNCIL MEETINGS Councilman Nichols: s�-,.:_�:t.: ; ato each you, the sub i ect being lengthy Council meeting agendas. I am concerned about t1his matter. I think it should be a matter of great concern to all. of us. f,,rc have many operations and we cannot handle our resnonsibili ties adequ-tely without unfair results in two scheduled meetings per month and _T_ taoulc', urge the Council to participate in taking some acti.orl toaard alleviating this problem of meetings that run into late hours. Mayor Snyder: I would agree. Could we have F. motion to direct the City Attorney to draw up an ordinance chancing the riur;ber cf nights or do you feel strongly enough about it tonight? Councilman Nichols: Unless there is a co;mriert to the contrary, I would like to make a motion that we direct the City Attorney to -prepare an ordinance that will establish scheduled Council meetings on the .;first, second, third and fourth Mondays of each month. Councilman Heath: I will second the motion. -56- 0 P I- C. C. 12/14/64 Page fifty -Seven LENGTHY COUNCIL MEETINGS - Continued Councilman: Krieger: With due respect to Councilman 'Nicholls I points, since I have been on the Council there have been very few Monday nights that we have not been down here on meetings and merely to call them a regular meeting rather than an adjourned meeting or a special meeting or a study meeting, unless we get on with the business of the meeting it isn't going to make any difference. Councilman Nichols: I think it will. I would hope that it would. I think if we go to a program of scheduled meetings and have two meetings during the month which are reserved to hearing matters, where the public can participate and know these matters will be heard and considered in reasonable dispatch and two meetings a month to do other City matters and if we do this on a regular and consistent basis I think you c-ill find we finish our meetings at earli.er hours. I don't think we need to rest just on that point. I think there are areas where we can stream- line the agendas. We ought to try it. If it doesn't meet with success or the needs of the Council we can change an ordinance as easily as we can introduce it. Councilman Heath: I would like to Withdraw my second. I don't think this is the solution. I think it could be T.iell left with two meetings and cut down on the agenda and leave two meetings for study sessions and leave the ordinance -the way it is. I don't think calling a regular meeting every Monday night is the answer. City Manager, Mr. Aiassa: You could have three regular' meetings and leave the fourth for City business. If you need another meeting you can adjourn to it. Mayor. Snyder: 1,1e will bri nc- t?Iis` Inc?tter' up atr. the next ineeti ng. He can all think about this and perhaps come up with sore suggestions. This will be an agenda item. TRIBUNE BUILDING DEDICATION Mayor Snyder: HOLIDAY INN GROUNDBREAKING CEREM0I1IIL-'S Mayor Snyder: will be on Wednesday at ten o'clock. someone else go? City Manager, Mr. Aiassa: The dedication of the Tribune building is on Wednesday. I can't go. Ceremonies .for the ground- breaking for the Holiday Inn T can't make that either. Can. i/le will send sc, ieone from the staff . -57- C. C. 12/14/64 Page Fifty -Eight DEMANDS 4 Motion by Councilman Krieger, seconded by Councilman Jett, to approve demands totalling $3739732,16 as listed on demand sheets C424 through C428 and B181 through B183. This total includes fund transfers of $87089.31, also time deposits of $330$000.00. Motion passed on roll call as.follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor ")n«der 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 December 21, 1964 at 7:30 P.M. The meeting.adjourned at 2:15 A.M. ATTEST: CITY CLERK APPROVED ... .................... MAYOR -58-