Loading...
12-28-1964 - Regular Meeting - Minutes• MINUTES'OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA DECEMBER 28, 1964 The regular meeting of the City Council was called to'order'by Mayor Snyder at 7:35 P.M. in the West Covina City Hall. 'Councilman Nichols " led.,the Pledge of Allegiance.' The invocation was given by Rabbi Nattiv of.the Temple Sholom, West Covina, ROLL CALL Present: Mayor Snyder, Councilmen Jett, Krieger, Nichols, Heath Others Present: Mr, Robert Flotten, City Clerk &,-Admin. Assistant Mr. John Q. Adams, Public Services Director - Mr, Richard R. Terzian, Acting City Attorney Mr. Harold Joseph, Planning Director Mr, Ray Windsor, Administrative Analyst Absent: Mr. George Aiassa, City Manager Mr, Harry Co Williams, City Attorney APPROVAL OF MINUTES November 30, 1964 - Approved as submitted as follows: Motion by. Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes.of November 30, 1964 be approved as submitted, CITY CLERK'S REPORTS PROJECT NO. S.P. 6322 Approve Plans & Specifications Street Improvements APPROVED LOCATION: Citrus from Cortez to 100 feet north of Vander - hoof Drive. Approve plans and specifications for Project So Po 6322 Street Improvement, Authorize City Engineer to call for bids. Approve budget transfer as recommended in Engineer's report. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, to approve the plans and specifications for street improvements'in Project No. S.P. 6322 and authorize the City Engineer to call for bids; further to approve the budget transfer as recommended in the Engineer's report, (Councilman Heath voted "No".) ENGINEERING SERVICES AGREEMENT Los Angeles County Flood Control .District Bond Issue Program 1964 APPROVED Accept Engineer's report. A t"I'lorize Mayor and City Clerk to execute agree- ments for engineering services to de- sign certain projects allotted to West Covina in Los.Angeles County Flood Control District bond issue 1964 program, Staff recommends authorization. • C, C, 12/28/64 Page Two ENGINEERING SERVICES AGREEMENT - Continued Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the Mayor be authorized to.enter into the proposed form of agreement along with the City Clerk between the City of West Covina and the Walsh-Forkert Civil Engineers as set forth in the agreement, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the Mayor and City Clerk be authorized to enter into the proposed form of agreement between the City of West Covina and Harold L. Johnson Engineering, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept the Engineer's report on the Los Angeles County Flood Control District Bond Issue Program 1964, LIGHTING ASSESSMENT DISTRICT LA 62-1 Accept Engineer's report, APPROVE REFUND OF OVERPAYMENT Approve refund in the amount OF ASSESSMENTS of $258969 for over -assessment.. APPROVED charged to Lots 14, 159 309 31, 469 47, 62 and 63 of Tract No, 12002, Authorize Finance Director to make refund from Account 142-842-41, Staff recommends approval. Motion by Councilman Heath, seconded by Councilman Krieger, to accept the Engineer's report on Lighting Assessment District LA 62-1 and authorize the Finance Director to make refund for over -assessment to Lots 14, 15, 300 311 46, 47, 62 and 63 of Tract No, 12002 from Account 142-842-41, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None GAS TAX BUDGET 1964 TRANSFER OF APPROPRIATIONS BETWEEN SECTION 186,1 GAS TAX FUNDS AND SECTION 2107 GAS TAX FUNDS APPROVED Authorize transfer of Section 186,1 Gas Tax monies from Project 6407 and 6507 (Azusa Avenue improvemens, State Gas Tax Project Nos, SS-59 and SS-93) to other street improvement projects as outlined in Engineer's report, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to authorize transfer of Section 186,1 Gas Tax monies from Project 6407 and 6507 to other street improvement projects as outlined in Engineer's report, RESOLUTION NO, 3065 PP 346 (1 Gulf Oil Corp. Proj, S.P. 6306 ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (PP 346(1)9 Gulf Oil Corp,, Project S,P,6306) -2- C, C, 12/28/64 Page Three RESOLUTION NO, 3065 = Continued 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, 3065, RESOLUTION NO, 3066 The City Clerk presented: Assessment Dist. A111-61-2 "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA PROPOSING TO CHANGE THE WORK IN ASSESSMENT DISTRICT NO, A'11-61-2" Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution. 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, 3066, RESOLUTION N0, 3067 County Improvement No. 2306 .ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANT.;. ING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY IMPROVEMENT N0, 2306" 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, 3067, -3- • 0 C, C, 12/28/64 PLANNING COMMISSION REVIEW PLANNING COMMISSION ACTION OF DECEMBER 169 1964 Page Four So indicated by Mr, Flotten, The following items were called up by Councilman Jett: Precise Plan No, 430 Firestone Tire 8 Rubber Company Approved and Variance No, 524 Firestone Tire 8 Rubber Company Denied RECREATION 6 PARKS None CITY ATTORNEY ORDINANCE NO, 895 The Acting City Attorney presented: ZC 326 Jett "AN ORDINANCE OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 326, Jett) Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Kreiger, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Abstained: Councilman Jett Said ordinance was given No, 895. ORDINANCE NO, 896 The Acting City Attorney presented: ZC 323, Scott "AN ORDINANCE OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 3239 Scott) Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance, -4- C, C, 12/28/64 Page Five ORDINANCE NO, 896 - Continued Motion by Councilman Heath, seconded by Councilman Krieger, that said i ordinance be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett,'Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said ordinance was given No, 896, ORDINANCE N0, 897 The Acting City Attorney presented: Taxicabs "AN ORDINANCE OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA AMEND- ING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO TAXICABS" Motion by Councilman Krieger;.seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Krieger, seconded by Councilman Jett, that said ordinance be adopted, Motion -passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said ordinance was given No, 897, ORDINANCE INTRODUCTION The Acting City Attorney presented: ZC 319, Home Savings & Loan "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" ZC 319, Home Savings 6 Loan) Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the resolution, Councilman Heath: As an individual Councilman, I will introduce this ordinance, Councilman Nichols: I would like or request a roll call vote on the introducing of this ordinance. Said ordinance was introduced on roll call as follows: Ayes: Councilmen Jett, Heath, Mayor Snyder Noes: Councilmen Krieger, Nichols Absent: None -5- r1 l C, C, 12/28/64 CITY ATTORNEY - Continued ORDINANCE INTRODUCTION ZC 321, Yaeger Page Six The Acting City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL 0'F THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (;ZC 321, Yaeger) 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 Nichols, and carried, that said ordinance be introduced, PRPESQJJgTION N0, 3068 The Acting City Attorney presented: Lane 44 ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO, 435" (William B, Lane) Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Nichols, Heath Noes: Mayor Snyder Absent: None Abstained: Councilman Krieger Said resolution was given No, 3068, RESOLUTION NO, 3069 Var 526, UUP 97, Smith ADOPTED Mayor Snyder: The Acting City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A VARIANCE AND UNCLASSIFIED USE PERMIT (Mr, 8 Mrs, Frank Smith) Var. 526, U.U.P. 97 Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded.by Councilman Nichols, that said resolution be adopted. Motion passed on roll call as follows: . Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No, 3069, me C, C, 12/28/64 Page Seven CITY ATTORNEY - Continued RESOLUTION NO, 3070 The Acting City Attorney presented: . Actuary Study "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE FIRM OF COATES, HERFURTH & ENGLAND" • 0 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, 3070. 'SCHEDULED MATTERS BIDS PROJECT S.P,6306 LOCATION: Cameron from California STREET IMPROVEMENT to Glendora Avenues, Bids received in office of City Clerk at 10:00 A.M., December 23, 1964. The bids received are as follows: JASPER N, HALEY D & W PAVING HESS CONSTRUCTION CO, SULLY -MILLER T. P, POLICH AND POLICH-BENEDICT CONSTR. CROWELL & LARSON WARREN SOUTHWEST 10% bid bond $ 629852,23 10% bid bond 709833.43 10% bid bond 749115.55 10% bid bond 749134,86 10% bid bond 749707.38 10% bid bond 819788.02 10% bid bond 829355.67 Motion by Councilman Heath, seconded by Councilman Jett, to accept the recommendation of the City Engineer and award the contract for Project S,P,6306 to Jasper N. Haley and D. & G. Concrete Construction in the amount of $62,852,23. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absent: None PROJECT NO, C,0,6516 COMMUNITY YOUTH CENTER SITE IMPROVEMENT Krieger, Nichols, Heath, Mayor Snyder LOCATION: Cameron Avenue west of Lark Ellen Avenue, Bids received in the office of City Clerk at 10:00 A.M';, December 23, 1964, Award contract and authorize Mayor and City Clerk to execute agreements for the following improvements: (1) Six-foot concrete block wall, gates and walk; .(2) Install approximately 51,500 square feet floor coating, -7- • s C, C, 12/28/64 Page Eight PROJECT NO, C,O,6516 (COMMUNITY YOUTH CENTER) 'Continued The bid received for the block wall and sidewalk is as follows: SOUTHEAST CONCRETE PRODUCTS City Clerk, Mr, Flotten: bid as two separate items, $676.60 check $69766,00 It is the recommendation that this bid be rejected and that it be Public Services Director, Mr. Adams: We have an added thought on this. Since we do have a contractor in the area now we would propose to actually change order this sidewalk to this particular contractor. We are talking some five or six hundred dollars so we would propose to change order that to him and to readvertise just for the block wall alone. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that on City Project C,O,6516 that the bid of the Southeast Concrete Products on the block wall and sidewalks be rejected. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to readvertise for open competitive bidding on the six-foot block wall and end gates on Project No. 6516, The bids received for the floor coating are as follows: COVINA WONDER FLOORS CO, ECKER BROTHERS GLENDORA FENCE CO, CAL -PACIFIC WOOD PRODUCTS $380.00 cash $ 39799,00 10% bid bond 4020,00 $482.85 cash,ck. 49828,53 10% bid bond 59102.24 Motion by Councilman Krieger, seconded by Councilman Heath, that the recommendation of the staff be accepted and the contract for the floor coating in Project No. C.O.6516 be awarded to the Covina Wonder Floors Company on the basis of their low bid in the amount of $31,799.00. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absent: None HEARINGS Krieger, Nichols, Heath, Mayor Snyder STREET VACATION OF VALLEY VIEW DRIVE Hearing of protests or objections PROTEST HEARING set for this date by Resolution No. 3049 adopted November 23, 1964. Hold public hearing for vacation of Valley View Drive but withhold . final action on vacation until acceptance of new right-of-way for this street. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the affidavits be received and placed on file, Mayor Snyder: Mr. City Clerk, do you have any. written protests or objections against the abandonment of this street? El t C, C, 12/28/64 Page Nine STREET VACATION OF VALLEY VIEW DRIVE - Continued City Clerk, Mr. Flotten: Mayor Snyder: No protests. This is the time and place for the public hearing on this matter. (No testimony offered.) Motion by Councilman Krieger, seconded by Councilman Heathy and carried, that the hearing be closed. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this matter be held over until the right-of-way for Valley View Drive is received. VARIANCE NO. 539 LOCATION: 1543 West Garvey Frank DePietro between Roberto and DENIED Lang Avenues. Request for permission to erect a non -conforming detached sign in Zone C-1 denied by Planning Commission Resolution No. 1720. Appealed by applicant on December 9, 1964. City Clerk, Mr. Flotten: Mayor Snyder: IN FAVOR (Read Planning Commission Resolution No. 1720.) This is the time and place for the public hearing. Mr. William Evans I am speaking for Mr. DePietro. 1543 West Garvey He has asked for the variance West Covina to erect a directory -type sign with interior illumination quite similar to the signs in front of the fashion center of the Broadway and this will serve as a directory for the offices in the upstairs portion of the building. There being no further public testimony, the hearing was closed. Mayor Snyder: Does this shopping center have a name? Mr. William Evans: No. Councilman Jett: I think the intent of this sign as I understand it, this sign was intended not only to identify those few stores that are on one side but there is also the medical building in the rear which is somewhat hidden from view. I think this sign would assist in identifying it, I think we have numerous cases throughout the City where we have allowed identifying signs for a group of stores. I think this man should have the same privilege as others. C. C. 12/28/64 VARIANCE NO, 539 - Continued Page Ten Councilman Krieger: That is the issue, whether or not 0 we are granting a special privilege, Mr, Joseph, can you point out an illustration where this has been Permitted elsewhere in the City? Planning Director, Mr. Joseph: I think the most characteristic of this kind of use would be the ones on North Azusa. Councilman Meath: This sign would be illuminated to point out the occupants on the second floor of the building and if this was granted, in my estimation, what is in front of anv other office building in this City where there are offices on the second floor the owner of that property would have the right to put a lighted directory at the curb telling every, occupant of the building. Those on Azusa Avenue are businesses, not individual offices. Planning Director, Mr. Joseph: I can't recall of any office uses having this type of a sign, Councilman Nichols: It seems that many of the comparisons that have been cited here are not comparisons at all. 14e are talking about signs that by and large are identifying separate enterprises in separate structures, whether they are business in a commercial zone or business in the R-P or professional zone. Here we are talking; about one building and uses within that building. Councilman Krieger: I think this is going to become more important as we go along. There are certain areas that I have in mind that I think if we opened the door in this instance we are going to be flooded for this type of perpendicular .sign. Mayor Snyder: I think he is entitled to some building. The people on the second identifying sign for his floor could identify their location as to building. Planning Director, Mr. Joseph: I don't see how. I am talking now about the present code. I don't see that they could under the code. I wouldn't want to establish this type of a precedent. Motion by Councilman Nichols, seconded by Councilman Heath, and car..,ied, that Variance No. 539 be denied. (Councilman Jett voted "No".) VARIANCE NO. 537 Artie LOCATION: 905 South Glendora Jett DENIED between Cameron 6 Vine. and PRECISE PLAN NO. 439 Request for reduction in front and Artie Jett side vard setbacks in R-P denied APPROVED by Planning Commission Resolution No. 1721; and request for approval of precise plan for a professional office and building approved by Planning Commission Resolution No, 1722. Called up by Council on December 14, 1964. -10- C, C, 12/28/64 VARIANCE NO, 537 & PRECISE PLAN NO, 439 - Continued Page Eleven Councilman Jett: I would like to be excused from the Council discussion on this because I am personally involved in these matters, Mayor Snyder: City Clerk, Mr, Flotten: Mayor Snyder: IN FAVOR All right. (Read Planning Commission Resolution Nos, 1721 and 1722,) This is the time and place for the public hearing, Mr, Artie Jett: I requested that copies of the Planning Commission Minutes be sent to each of you underlining some of the comments made at the Planning Commission hearing, In those Minutes there is a statement made by the Planning Director that there has been no evidence or proof that a variance should be granted, I submit for your consideration in my remarks before the Planning Commission on September 2nd when I first requested my zone change I stated: "This particular property we are talking about now is 110 feet deep from the property line to the rear of the property, from curb to the property line is 12 feet, If given our zoning of R-P we propose to build offices. We would do a good job. They would be offices the City would be proud of and in this 12 feet we would put in sidewalks and some landscaping that would be attractive," We propose an office building 50 feet deep leaving 60 feet in the rear for parking and giving us a 25-foot driveway, The property that would face Duff Avenue is not a part of this request. That property is proposed to have residences on it, I would like to call your attention to Page 15 of the Minutes of September 2, "Commissioner Gleckman: Mr, Jett, the R-P zone that is being requested here,, the ordinance requires a 15-foot setback, Do I understand that at this time you are asking for a variance on that particular setback? Mr, Artie Jett: No, I have discussed this with the Planning Department and we propose to submit a precise plan for your approval and we will also file for a variance at that time," I made these statements before the Council. I said if given my zoning on the way I have proposed to develop this property then this is what I will do but I knew at that time and I think everyone on the Planning Commission and everyone on the Council recognized to do what I said I wanted to do it would be necessary to file for a variance, i "Commissioner Gleckman: Do you have anything in mind as far as curbcuts? How many curbcuts would be necessary? Mr, Artie Jett: This is a major concern to myself as a resident, as a builder, and also for the development of the City, This is one of the things I think we should all consider, At the present time there are approximately eleven or twelve driveways opening out onto Glendora, What we propose is to begin at the lower portion of the property which is the alleyway and widen that particular alleyway -11- C, C, 12/28/64 Page Twelve VARIANCE NO, 537 8 PRECISE PLAN NO. 439 - Continued to a 60-foot street, then bringing a drive off of that alley and extending it north up to the rear of the properties" which would then establish the driveway for ingress and egress to the parking area in the rear of all of the buildings, not just our own, "Commissioner Gleckman: I wonder if you feel you might have a parking problem here where you might have to request a variance for this parking? Mr. Artie -Jett: No, The size building we would build we would have more than the amount of parking that would be required," My reason for calling this to your attention was to bring out the fact we said what we would have to do and what, if given our R-P zoning, we would do, As far as our request for variances from the setback, we have attempted to conform to the R-P ordinance as nearly as we could. There is no problem in the rear, The sidelines are no problem. From the property line to the lower floor is 12 feet on the side. From the property line to the edge of the second floor is seven feet, The requirements of setback according to the R-P ordinance is seven feet on the sidelines, 15 feet from the front,. 15 feet from the rear, The only request we are asking for here is to permit us to build up to the property line on the front which is eliminating the 15-foot setback in the front, If you do not feel you can approve this plan or this request for a variance then I hope p you would please remodify or whatever is necessary but approve the precise plan subject to my developing it In accordancewith the setbacks as they exist. I would like approval so I can get going on this. If you have any questions, I would be glad to answer them, IN OPPOSITION Mr, Charles Wilt Our request is that you don't 868 South Duff shift the problem"area from the West Covina front of Glendora to the houses facing on Duff, This property is an encroachment into a R-1 area because it is still R-1 on two sides, to the north and to the west. I.think proper precautions should be taken as recommended by the Planning Commission -- the block wall, the buffer strip, low lighting or shielded lighting if lighting is necessary at all, I object to the request for the variance, It is my understanding there are no others along the entire Glendora Avenue, I'think this would be a precedent for this area and I don't think it is necessary. I have made an alternate plan for this property. (Presented and explained same.) I recommend you go along.with your Planning Commission and c'eny these applications. REBUTTAL Mr, Artie Jett: R-P permits two stories, Again we were only conforming to what we are allowed to do in the R-P zoning ordinance. As far as the plan Mr, Wilt submitted here, he is certainly wasting land, I have never had anybody attempt to tell me how to plan my property before. This is unusual, I believe, for someone else to come in and tell someone how to develop their property, I respect Mr. Wilt and his opinion but I think we still should be given the approval based on what our original request was and what the information we submitted to you'was, -12- C, C, 12/28/64 Page Thirteen VARIANCE NO, 537 & PRECISE PLAN N0, 439 - Continued Concerning the condition of conforming to all requirements of the R-P zoning subject to Variance No, 537, if you modify this and approve our precise plan, there will be no necessity for the variance, Therefore, I would like to see that part excluded, Regarding Condition No, 6, must pay fair share of the area water improvements, I do not object to paying my fair share of whatever is necessary, However, I would like to point out there is an eight -inch line and a twelve -inch line directly in front of our property at the present time, I think these lines will take care of that area for a long time to come, There being no further public testimony, the hearing was closed, Councilman Heath: I have some facts that happened on the previous Councils. The plan on the Alscot building was approved many years ago, At that time there was quite a discussion about the setback because at that time they were going to tie that setback on Glendora Avenue at the center and there was a compromise made at that time to bring that building out nearer to the street and landscape the front, Directly.north of this parcel there is this part of Glendora which is now going to be improved. During the time that zoning was before the Council there was also a precise plan presented that covered all eight properties and it was the unanimous opinion of the Council at that time that on Glendora Avenue they would move the buildings out to the property line and put the parking in the back because they had enough of this used -car -lot appearance on Glendora Avenue up around the [-•Jest Covina.Center, The precise plan was approved and the building was put on the property line, Since then the precise plan has been discarded because they couldn't get the eight property.owners together. South of this is the Hartman -Noonan building which has this setback. I think it is far from artistic to have a big broad sidewalk where you have no foot passage; it is a waste of land, It is just that much harder to keep clean, This is a problem piece of property; it has been proved and agreed this is a problem piece of property, By granting this variance and moving the building up to the front property line I think it would help the property to the rear and Ifeel if commercial buildings along that area are brought to the front property line, given all the.space they can in the back for parking, that it would create something more of a shopping environment than if you set the building back with a big wide sidewalk that isn't being used and serves no purpose, Councilman Krieger: As I understand your precise plan it is completely predicated upon a variance. How would you possibly develop this if a variance were not granted? Mr, Artie Jett: I checked with the City Attorney on this and the zoning ordinance permits the Council to modify, to change or to add or delete to a precise plan and approve it. If, in your opinion, my request for a variance is not justified, I am asking you to please approve the precise plan in accordance with the zoning ordinance of R-P. This would include a 15-foot setback, It would not be necessary to have a variance if I had to conform to the R-P ordinance, -13- C, Co 12/28/64 Page Fourteen 'VARIANCE NO, 537 8 PRECISE PLANNO', 439 Continued Mayor Snyder: You are requesting not just a straight denial but to approve it upon conditions? Mr, Artie Jett: Yes, Councilman Krieger: I am still somewhat confused as to how the applicant suggests he can proceed with the construction of this type of building on this precise plan with a 15-foot setback, Mr, Artie Jett: It is obvious I couldn't build this building, I would have to build a building that would conform, I would have to cut the size of the building down to fit in the confines of whatever I was granted, Councilman Krieger: I don't presume to know the concensus of opinion of the Council in this but academically it is a rather interesting proposal, Mr, Joseph, can the Planning Department administer -- again we are working in suppositions -- can the Planning Department work within those bounds where you have a precise plan predicated upon the granting of a variance, the variance is denied, the precise plan is approved but upon condition that it conforms in all particulars to the requirements of the Code? Planning Director, Mr, Joseph: I would imagine if the City Council imposed conditions that it could be administered. We could administer any conditions you set forth, Mayor Snyder: That would not include a relocation of the building? Acting City Attorney, Mr, Terzian: This would be a different precise plan of design. You would have to have the square footage of the building, possibly its location on the lot, Councilman Heath: If we took this plan that Mr. Jett has and if we adopted the plan with the exception that there must be a 15-foot setback on the front property line, that would not have to come back before the Council for approval again, I Acting City Attorney, Mr, Terzian: If the Council so ordered at i this time he could, Planning Director, Mr, Joseph: I don't think we would have a problem administering this, Councilman Krieger: When this matter was first before the Council I commented that I didn't believe a Councilman should be treated any differently than any other citizen appearing before this Council and we ought to i give the same consideration to the merits of his application that we would give to any other citizen, At the same time I commented I did not think he should be benefited by being a member of the City Council and I have the same sentiments as we consider this request for a variance, -14- C. C, 12/28/64 Page Fifteen VARIANCE NO. 537 & PRECISE PLAN NO, 439 - Continued • In doing justice to Glendora Avenue, I am not persuaded that is the issue before the Council, I can't accept this request as a matter of philosophy; I have to accept it as a matter of proof, We have certain requirements for establishing a variance in this City and the same burden of proof is imposed upon Mr, Jett as upon any other applicant appearing before this Council, There are four requirements necessary in order to substantiate a request for a variance. I believe the applicant has fallen far short in his proof to this Council as to any justification for a variance, I would be opposed to the granting of the variance for the reasons stated, 1� Councilman Nichols: Perhaps I misunderstood some of the relationships of the variance to the zone change to the precise plan but Mr, Jett, in your testimony this evening you stated that the Council knew and the Planning Commission knew from your statements that you would be requesting a variance, Therefore, you received the zone change and proceeded to make your preparations for the development of this building expending some $250 in architect's fees which you then terminated after the Planning Commission action, Is it your opinion that when a zone change is granted that if the applicant at that time states he is going to request a variance at some later time that the Council should act or not act upon the zone change based on what the applicant states he intends to do later relative to a variance? Mr, Artie Jett: I feel the applicant would have every reason to feel that if his request for zoning was based upon a complete understanding with the Council of what he intended to do with coming back in the way of a request for a variance and the Council approved his zoning knowing this is what had been proposed, I think he has every right in the world to be treated that way, Councilman Nichols: In your opinion and as I recall your presentation before this Council, what constitutes in your mind a "complete understanding" of this Council relative to your plans to seek a variance? Mr, Artie Jett: Councilman Nichols: of the variance that you proposed to to the development of this parcel of is a statement that you would return take any one of a number of forms, Mr, Artie Jett: I don't think I could have made it any plainer than I did, .I have no recollection at any time of.you stating the nature seek before this Council relative land, The only recollection have for a variance request which might This is true, Councilman Nichols: If a major development is coming into the City and a zone change has been granted do you feel as a Councilman that that automatically places you under a moral obligation to grant all variances in connection with such a development at any time in the future? Mr, Artie Jett: If they have substantially been given to understand this, -15- C, Ca 12/28/64 Page Sixteen .VARIANCE N0, 537 & PRECISE PLAN NO, 439 - Continued Councilman Nichols: Who has given anyone to under- stand anything, Mr, Jett? Mr, Artie Jett: By your actions, Certainly the Council approving the zoning, certainly you have indicated to me that you are going to allow me to develop this piece of property in accordance with what I stated to you and the way I would develop it and how I would develop it, Councilman Nichols: I think that we are at a very very crucial and vital point, I think it involves something that has to be pretty -clearly defined because we have a statement of an applicant that based upon the granting of zoning that there was a clear understanding that he would be allowed to develop a certain parcel of property based upon his needs as he indicated and conveyed them at that time and I would like to state that this is not my understanding; that you came before the Council and asked for a zone change and I heard that entirely on its merits and yet I had no conception in my mind that I was in any way conveying to your or anyone else implicitly or otherwise that I was in a frame of mind as to automatically indicate or promise or convey a granting.of a future variance, Councilman Heath: When the Alscot case came before us I expressed my opinion that the setback imposed was too much and the building should have been brought nearer the street, I would like to bring out the precise plan for Larry Sade, et al, which was composed of eight ownerships where I highly approved bringing the building out to the property line. These were before the application in point now. My opinion still stands; I would like to see the buildings on Glendora Avenue brought out to the property line. We have buildings south of Von's which I don't think have 15-foot setbacks, On the opposite side of the street above Vine there is a commercial development where they have a builder's office which does not have this setback, I point to the donut shop north of Service Avenue on the east side of the street next to Love's which does not have this setback, I would also point to the taco stand just north of the Shell Station on the west side of the street which does not have this setback, I think the report we have is not a fair piece of evidence because it tells of only the actions taken since May of 1961 and I think to present this fairly we should admit there were buildings put in prior to that time which did not have this 15-foot setback, Planning Director, Mr, Joseph: This is material submitted to the Planning Commission, I was asked to come up with information since the R-P came into effect. Most of those businesses mentioned are in a C-1 zone and no setback is required, Mayor Snyder: I think this points out a concern of all of us concerning Glendora Avenue, Councilman Nichols: Mr, Joseph, in our setback ordinances are the setbacks required on a vertical alignment from one story to another? Planning Director, Mr, Joseph: I believe it would. The setback reads it must be free and clear from the ground up, 0410 C, C. 12/28/64 Page Seventeen VARIANCE NOa 537 8 PRECISE PLAN NO. 439 - Continued Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that Variance No, 537 be -denied on the basis that there has not been a proper showing for a variance. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Precise Plan of Design.No. 439 be approved subject to Conditions 3 through 8 of the conditions imposed by the Planning Commission in their Resolution No, 1722 and to add thereto the requirement that the precise plan conform to the R-P zone; further that if any major relocation of the building occurs this plan should be brought back to the Council, EASTERLY ANNEXATION DISTRICT NO, 187 LOCATION: East of Barranca, PROTEST HEARING north of Cameron Hearing of protests or objections set for.this date by Resolution No, 3047 adopted November 30, 1964, City Clerk, Mr, Flotten: The annexation was approved by the County Boundary Commission on October 7, 1964; approved by Local Agency Formation Commission on November 25, 1964. The Registrar of Voters reports one registered voter on file. There have been no oral or written protests received. Mayor Snyder: Is there anyone here owning property in the City of West Covina that would like to protest this matter or speak on it provided that they do not own property within the proposed annexation, (No testimony offered,) Motion by Councilman Heath, seconded by Councilman Jett, and carried, to direct the City Attorney to bring in a resolution accepting Easterly Annexation District No. 187 to the next meeting of the City Council, AMENDMENT NO, 68 City Initiated HELD OVER by Planning Commission Resolution No. December 14, 1964, Request to amend Section 9219.14 of the West Covina Municipal Code relating to required amounts of off-street parking approved 1716, Hearing kept open from Acting City Attorney, Mr. Terzian: I would like an opportunity to read through this amendment. Planning Director, Mr. Joseph: We left a blank there for non- medical office square footage, 200 or 300 square feet or anything between, We were asked to go out and investigate office buildings in the City to see how they were getting along with the existing parking. We found there were not that many office buildings in the City of West Covina solely -devoted to office space from which to make a comparison, We have too few at the present time, However, we did refer you to the study that has been made for Century City concerning the amount of gross office area, occupancy per building and therefore relationship of occupancy to required off-street parking, We made another check by telephone of -17- C. C, 12/28/64 AMENDMENT NO, 68 - Continued Page Eighteen • various architects and designers in the community and Mr, Tambe, Manager of the Chamber. With this we came up again with.our figure of one to 200 square feet as being reasonable based upon the informa- tion at our disposal and without going out and making the field check the Council wanted because there weren't that many offices in the City, Councilman Krieger: Our concern seemed to be in creating a problem where no problem exists, The probabilities are such if we make it more stringent we are more likely to create a problem than if we left it alone, Councilman Nichols: I agree with Councilman Krieger on this particular point. I would think as long as we don't have definitive information to the contrary we should leave that portion alone. If such evidence exists as to be the basis for more substantial recommendations we can come back with an amendment to the ordinance, Councilman Jett: This is my feeling on this, Councilman Krieger: Does the proposed draft in- corporate that language on high rise? is Planning Director, Mr, Joseph: We talked to the Building Department about it and we talked to the City Attorney and we came out with'a gross floor area statement that the area included within the surrounding exterior walls of a building or portion thereof exclusive of shaft, enclusure, courts, floor space devoted to heavy mechanical equipment, et cetera, any facility accomodated by the central service core, this would leave the net rentable area and delete everything else people.would not use in an office building. We deleted the definition of high rise entirely, We are just involved with use, Mayor Snyder: Mr, Joseph has indicated the difficulty of getting statistical data to determine the parking ratio for offices but he has indicated that the impression they have received in interviewing building designers, architects, people in business, is that the 300 square feet is inadequate. I think that is his,justifi.cation there, Councilman Krieger: Inasmuch as the City Attorney has indicated that this matter has just been presented to him and would require drafting in final form, I would make the following motion: Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that Amendment No, 68 be held over with the hearing open to the next regular meeting of the Council with the retention of the original requirements as to non -medical office space at one per 300 square feet of gross floor area, to include the amended definitions of gross floor area, and to delete the definition of high rise$ and otherwise in accordance with Planning Commission Resolution No, 1716, Councilman Heath: I feel Mr, Joseph is right in that I feel it should be one space for every 200 square feet, Is there any way you can make a study of surrounding cities in the meantime? C, C, 12/28/64 Page Nineteen AMENDMENT N0, 68 - Continued Planning Director, Mr, Joseph: I would rather not use surrounding cities. I think our parking standards are about as vigorous as any cities around us. I could make a trip myself to these large office developments and talk to the people personally and report back to you, Mayor Snyder: It is my understanding some firm from San Francisco, Wilbur Smith, did a study like this for Los Angeles, Planning Director, Mr, Joseph: GENERAL MATTERS ORAL COMMUNICATIONS It was for residential purposes, TAXICAB ORDINANCE Mr, Jerry Crisman:, I am here on the taxicab situa- tion, I would like to ask what brought on this ordinance to have these taxicabs not run on the street if they are older than four years. I would like to have the reasons, Mayor Snyder: We have had complaints about the condition of the taxicabs, Mr, Jerry Crisman:, Since we have been in business we have never had an accident over $150,00 and we have only had two of those. I am speaking for my company, We have never had a rate increase in six years. We have had six moving violations in a period of two _years, four months. We have had from the City of West Covina one citation for mechanical problems, which was a tail light, Every year when we renew our licenses our cabs are inspected. Twill grant you they are not new automobiles,' This involves a lot of money and we just overhauled a few of these automobiles four or five months ago and we will under no circumstances get our money out, I don't believe there is any other city in the San Gabriel Valley except Baldwin Park that has such an ordinace, If there were complaints they were never pointed out to us, It is just impossible to get new equipment within 30 days, We have a 1964 automobile, a 1961, and four 1960s which have been completely overhauled in the past four months, Councilman Nichols: Did you receive any notification at all of the nature of the investigation of staff in this City respective to the ordinance or any notification at all? Mr, Jerry Crisman: None at all, The only thing 0 I received was on December 23rd which was a notice of renewal of my taxicab notice and a note about this was attached, Councilman Nichols: If this was the case, I think somewhere we have erred. I can't help but feel that an ordinance applicable to one or two firms specifically in a community that these organizations should have had some notice or opportunity to be aware that the Council of this City was contemplating a substantial and major revision of the ordinance, -19- C. C. 12/28/64 Page Twenty TAXICAB ORDINANCE - Continued • Councilman Krieger: We may have erred in the matter of courtesy but we did not err in the matter of procedure and I think that should take precedence in this matter. Perhaps the gentleman's real relief, if the main thrust of his point has to do with the time problems this imposes upon him, is to ask and perhaps the Council will consider some relief as far as the time interval of enforcement is concerned. Councilman Nichols: I think he has a basis for his problem in that he did not know of it. • Acting City Attorney,, Mr. Terzian: You would have to amend the ordinance in order to set over its effective date for this reason or any other reason. As a matter of administrative grace the City officials charged with enforcing this might well give this man an additional 30 days or 60 days if during this period of time he was in good faith attempting to comply with the ordinance. Councilman Krieger: We granted a moratorium on the enforcement of a particular ordinance. It wasn't a moratorium on the enforcement, it was on the granting of building permits on Glendora Avenue while we were con- ducting the Glendora Avenue Studv and it was the opinion of Mr. Williams that we could do that. This seems to me to be the opposite side of the same coin. Acting City Attorney, Mr. Terzian: The wav I read the statute, it is mandatory. It will become effective in 30 days. Councilman Krieger: I would think the proper course of action would be to invite this gentleman to address his correspondence to the City indicating what his time requirements are for compliance so we can have something in written form before usindicating what the time problems are. Mayor Snyder: Councilman Nichols: I would think the time limit would be the years in use, not the model number. I think this is a matter that can probably be solved administratively. Mayor Snyder: Direct such a letter to Mr. Aiassa soon and we should be able to take it up,at our next meeting. Mr, Jerry Crisman: WRITTEN COMMUNICATIONS None Thank vou. -20- 9 r� U C. Co., 12/28/64 CITY MANAGER REPORTS DRIVEWAY DESIGNS Page Twenty -One. Public Services Directory Mr. Adams: (Gave brief summary of this matter.) This is for your information only. If you have any questions I'll try to answer them. Motion by Councilman Nichols, seconded. by Councilman Heath, and carried, that the report on driveway designs be accepted. RADIO BOOSTER STATION Public Services Director, Mr. Adams: We would ask that this be held over to January 11. The attorney is preparing a license which we will review and submit to Home Savings and Loan for their review before it comes to the Council. Mayor Snyder: TRAFFIC COMMITTEE December 4, 1964 Report So ordered. Councilman Meath: On the first item the request was to remove the weight limit restrictions from Cameron Avenue. That wasn't the request at all. The request I made was that the weight limit restrictions on Cameron Avenue be reviewed and raised to allow a little bit more than 6500 pounds. I had no intentions of making it a truck route or removing the limits entirely. Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, to accept the Traffic Committee Report of December 4, 1964 as submitted less Item No. 1 and refer that to the Traffic Committee for further study and clarification of the request. V.I.P. CAR LEASING Public Services Director, Mr. Adams: We have a change in our car leasing. Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that -the City Council authorize the Mayor and the City Clerk to sign an extension of the V.I.P. Car Lease from January lst through February 18, 1965 under the conditions as listed in the Director of Finance's letter of December 24, 1964. -21- • is C, Co 12/28/64 Page Twenty -Two CITY CLERK TEMPORARY USE PERMIT APPLICATION OF AMERICAN CANCER SOCIETY TO PLACE SCIENTIFIC EXHIBIT (MOBILE UNIT) AT PLAZA SHOPPING CENTER City Clerk, Mr, Flotten: This is for February 8 to February 10, inclusive, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the Council grant the temporary use permit application of the American Cancer Society to place scientific exhibit (mobile unit) at the Plaza Shopping Center from February 8, to February 10, 19659 inclusive, LIQUOR LICENSE City Clerk, Mr. Flotten: The A.B.C. application by Kirby and Williams for permission to have a cocktail bar on Puente has been withdrawn. SCHORNAGLE PROPERTY City Clerk, Mr. Flotten: We have received the death certificate. We have the executor's deed and it is being recorded. ALLSOPP PROPERTY, City Clerk, Mr. Flotten: We have entered into a 30-day escrow and all we need now is $509000. JANUARY 11 AGENDA City Clerk, Mr. Flotten: You are loading the agenda ci January llth. You have about seven hearings lined up. Councilman Heath: Move that on January llth that we set the program up until twelve or twelve -thirty and adjourn until the .1.8th,-which is the following Monday and take the balance of those hearings at an adjourned meeting. Councilman Krieger: Mayor Snyder: We alreadv have some matters on the 18th -- the Stanford Research. That can be moved. -22- C. C. 12/28/64 JANUARY 11 AGENDA - Continued City Clerk, Mr. Flotten: Mayor Snyder: APPEALS ON HOME SAVINGS AND LOAN APPLICATIONS Page Twenty -Three You can hold over the City Amendments that come up. We will set a time limit and then hold the other things over to the next meeting. City Clerk, Mr. Flotten: We have three different appeals on the Home Savings and Loan development. The Council has called it up, the applicant has called it up and the home owners have called it up. We have accepted two $25.00 deposits -- one from the applicant and one from the home owners. Can we keep them both? Acting City Attorney, Mr. Terzian: Did the Council call these matters up before either the proponents or the opponents? City Clerk, Mr. Flotten: Both appeals were made before the Council appeal. Graham • Ritchie, the attorney for Home Savings, appealed first and appealed only a portion of it. ThEn the home owners appealed the whole thing. Next came the Council's appeal. Acting City Attorney, Mr. Terzian: One appealed a portion of it and the other appealed all of it and therefore I think the City can keep both fees. City Clerk, Mr. Flotten: All right. ELECTION AND CAMPAIGN EXPENDITURES City Clerk, Mr,, Flotten: On the election and campaign expenditures the registered mail went out last week on the second notice. We should be hearing pretty soon if we are going to hear at all.. Councilman Heath: City Clerk, Mr. Flotten: Acting City Attorney, Mr. Terzian: What can we do in case we don't hear anything? I think anyone can sue and take them to court. This is a violation of the Elections Code and it is a crime. Councilman Nichols: I have made some inquiry about this matter and I talked to Mr. Williams earlier about it and I have studied the Code very closely and it is a clear violation of the Election Code but there is no punitive stipulation in the Code. It just states that they shall do this but it does not say what' the 'result is. -23- C, C, 12/28/64 , Page Twenty -Four ELECTION AND CAMPAIGN EXPENDITURES - Continued The City.of West Covina is a growing City. The amounts of monies that are expended in campaigns are growing. In years in the past little or nothing was spent in political campaigning, Recent precedent indicates that great and substantial monies have been and may be in the future expended. In your opinion, Mr, City Attorney, where does the Council determine in its judgement that there has been probable or possible violations of the Election Code$ does the Council have the right at City expense to initiate legal proceedings to insure compliance with the Elections Code relative to local elections? If individual candidates -- if the Council feels that they have not complied with the requirements of the Elections Code in a local election does the Council have the authority to direct the City Attorney to proceed in the area of legal redress? Acting City Attorney$ Mr. Terzian: Yes, it does, Councilman Heath: I think even an individual Councilman or any citizen could do it, Councilman Jett: There is quite an article in the Times by Bill Henry on this very subject. Councilman Krieger: I would suggest that as a Council, • an individual Councilman or a citizen bringing such a complaint you had better.have reasonable and probable cause before you go to the District Attorney's office with a complaint, Mayor Snyder: I think we should have a report from the City Attorney on what redress we have. Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that the Council direct the City Attorney to research this matter thoroughly and to bring to this Council such information and recom- mendations as will make it possible for the Council to evaluate this area of compliance with the Elections Code requirements in relation to campaign statements. WATER CONTRACT City Clerk, Mr, Flotten: The Superior Court found that the water contraot is valid and have directed me to furnish the map required in Article 15, Section C of the contract itself. Acting City Attorney, Mr. .Terzian: It is not necessary for the Council to order such a map. The City should have it. If the court directed you, you would have to comply, Mayor Snyder: Administrative Analyst, Mr. Windsor: The Council just orders you to go along with the court. Such a map is being prepared, -24- C, C, 12/28/64 \ 0 CITY TREASURER • • Page Twenty -Five Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Treasurer's report for the month of November, 1964 be accepted and placed on file, MAYOR'S REPORTS HUNTINGTON BEACH FREEWAY RESOLUTION Mayor Snyder: It has been pointed out we made a resolution in favor of this fr.eewav last February, Public Services Director, Mr, Adams: It was a resolution urging that it be expedited. If we pass a new resolution it should 'contain some wording that in further consideration you have found just cause to reverse your previous resolution, U. S, CONFERENCE OF MAYORS MEMBERSHIP Mayor Snyder: We have a request wanting to know if we want to become a member of the U. S, Conference of Mayors. We have never been and I don't see any reason to join, Councilman Jett: I don't see anv reason for it, Councilman Krieger: The Council may not be of a mind to do it now but this is a matter of distinction. I believe only cities of 30,000 or over qualify, Councilman Heath: Mayor Snyder: RESOLUTION NO, 3071 ADOPTED Mayor Snyder: If you have an elected Mayor I think it is a good thing, The request will come up again next year. I think we should not do.it this year, Th,e City Clerk presented: "A RESOLUTTON OF THE CITY COUNCIL OF TIIE CITY OF WEST COVINA REGARDING THAT SECTION OF THE HUNTINGTON BEACH FREEWAY, ROUTE 39, BETWEEN POMONA FREEWAY, ROUTE 60 AND THE FOOTHILL FREEWAY* ROUTE 21" Hearing no objections, we will waive further reading of the body of the resolution, -25- C, C, 12/28/64 RESOLUTION N0, 3071 - Continued Page Twenty -Six • Mayor Snyder: This resolution does not specifically say it should come through West Covina, the one'we passed before, We just said this general location, Councilman Nichols: All we want to do now is stop it at the Pomona Freeway, Motion by Councilman Heath, seconded by Councilman Nichols, that said resolution be adopted, Motion passed on roll call as follows. Ayes: Councilmen Krieger, Nichols, Heath, Mayor Snyder Noes: Councilman Jett Absent: None Said resolution was given No, 3071, HUMAN RELATIONS COMMISSION Mayor Snyder: We have a letter from Mr. Towner resigning from the Human Relations Commission and the Sister City Foundation, Since he was my appointee to both of those groups it is up to me to appoint someone to replace • him, Does the Council feel a resolution is in order for Mr, Towner? Councilman Jett: I would like to see the Council pass a resolution thanking Mr, Towner for serving on these two commissions and for the amount of time he has given and let him know the City appreciates it, Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that the City Attorney be directed to draft an appropriate resolution for Frank Towner thanking him for his services to the City, COMMITTEE APPOINTMENTS Mayor Snyder: The committee appointments are up again as of the end of this month, Starting the first of the year we are going on a four - month basis instead of a three-month basis, Planning Commission Jett with Councilman Heath as the alternate, Recreation and Parks Commission -- Councilman Krieger with Councilman Heath as the alternate, Personnel Board -- Councilman Heath with Councilman Nichols as the alternate. The following remain the same: East San Gabriel Valley Planning Committee; League of California Cities; Civil Defense; Sanitation; Library Council; and Independent Cities, Human Relations Commissinn __ Councilman Krieger with Councilman Jett as the alternate, -26- E • C. C, 12/28/64 MAYOR'S REPORTS - Continued RESOLUTIONS FROM OTHER CITIES Page Twenty -Seven Mayor Snyder: We get these suggested resolutions from'other cities. Do you want me to bring them up for discussion or just if someone wants to bring them up? Councilman Heath: I think you should bring them up, Mayor Snyder: We have one from the City of Albany regarding the demonstrations at the University of California at Berkeley, Councilman Nichols: Councilman Krieger: Councilman Nichols: I have great empathy for that resolution, As far as I'm concerned, this is something to keep our nose out of. I agree with you, Mayor Snyder: Regarding such a resolution, all we know about it is what we have read in the papers and we haven't any official factual data on it, I don't think we should personally pass on it without more factual information, FLAG LOT PROBLEM (Be rkman's complaint) Mayor Snyder: This matter that Mr, Berkman brought up regarding the Clark flag lot deal, has that been referred back to the Planning Commission? Planning Director, Mr, Joseph: It is on the Planning Commission agenda for January 6th, Mayor Snyder: Are they going ahead with the building up there? Planning Director, Mr, Joseph: Yes, There is nothing that can be done in that regard, Councilman Heath: What is the hearing for? Planning Director, Mr, Joseph: I asked the same thing. The hearing, I suppose is just for a matter of information more than anything else just to tell the people what is going on up there. The map is recorded, Councilman Krieger: As I remember our discussion the request was made of Mr, Newell to determine whether or not we could do anything and apparently he has made that determination, Acting City Attorney, Mr® Terzian: In this particular matter the building permit has been issued already and the City could not revoke it, -27- C, C, 12/28/64 Page Twenty -Eight FLAG LOT PROBLEM (BERKMAN'S COMPLAINT) - Continued • Mayor Snyder: I think the public hearing is certain things, Mr. Newell said it to correct the record regarding was necessary to correct the record particularly in regards to the notification, Planning Director, Mr, Joseph: We are not convinced that the .Commission agenda and we will carry matter should be on the Planning it through as a matter of public relations more than anything else, Councilman Nichols: This is the worst kind of public relations, Planning Director, Mr, Joseph.° The map is recorded; the building grading is all completed and there is is under construction; the nothing else we can do about it, Mayor Snyder: I think if there is nothing we should tell them there is nothing we can do legally for them we can do legally, Councilman Nichols: I concur, I can't conceive a public hearing if in coming those of asking people to come into people have the conception they might be able to accomplish something if in about this or bring it to a halt fact legally they cannot through • the medium of this hearing, Councilman Krieger: I suggest we find out in advance when these things are before us what our powers are, Mayor Snyder: I think we took this action because the City Attorney indicated it was to correct the existing record, Councilman Jett: This was my understanding of it and that there was a question of legality in the way it was approved and in order to clarify this the City Attorney stated that he felt that 1;ae should conduct the hearings to go through and notify those people of the hearing and then make the decision at that time in order to clarify the legality, Councilman Krieger: One of the problems is the procedural defect in the affidavit not listing the names and residences of the parties to whom notices were sent, It seemed to be obvious at the conclusion that this t- s defective and that something procedurally had to be done to remedv the situation, The second point that was raised was what is the effect, the legal effect, once a building permit is issued by rescheduling the hearing, It was at that point that Mr, Newell indicated he did not know the answer to that question, I suggest that the responsibility primarily lies with the staff before these matters are placed on our agenda to explore these matters with the City Attorney so that these matters which are just logical questions that should be raised not only in the Council's mind but in the staff's mind are raised with the City Attorney before the matter appears on our agenda, ENE C, C, 12/28/64 Page Twenty -Nine FLAG LOT PROBLEM (BERKMAN'S COMPLAINT) - Continued Councilman Heath: There is only one point in the staff where this is falling down and that is the one man who is responsible for it, This is pointing to the problem we have had for a long time, Mayor Snyder: This appeared as an oral communication, Councilman Krieger: It appeared by Mr, Berkman coming forth under oral communications and it was given to the staff for a report and we had a written report on the matter when it came before us the last time, Councilman Nichols: I am concerned that we un- necessarily schedule matters, I am also concerned that a number of people have been notified that a hearing is being held and traditionally when hearings of this sort are held there is at least an implication that a decision is to be reached and they come with that thought in mind. I would think then -that our job here is to devise some mechanism this evening by which the citizens who have been notified of this hearing will also be notified of the limitations of this hearing. Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, to direct the staff to clarify these limitations that exist • through the City Attorney and so communicate this information to every individual who has been notified in writing of this hearing, IRWINDALE RESOLUTION Mayor Snyder: We have a resolution from Irwindale asking that the designation "Mex" be excluded from the police report, that the whole word be used. I see no harm in supporting them in this, Councilman Krieger: The only thing I don't under- stand about the resolution is in it the F,B,I, recommends indication by Caucasion or white and not to use this designation and if the law enforcement agencies aren't adhering to the F,B,I, in this field I don't know why they are particularly going to pay much attention to the actions of a city council, Mayor Snyder: I would like to see a simile - resolution. Councilman Nichols: I have no objections. I think if it is a concern of a neighboring community of ours and it could be a concern of our own, I would have no objection to it, Motion by Councilman Nichols, seconded by Councilman, and carried, to direct the City Clerk to prepare a resolution for adoption that will embody in substance the resolution that has been prepared by the City of Irwindale -- Irwindale's Resolution No, 64-49-449, -29- • 0 it C, C, 12/28/64 COUNCIL COMMITTEE REPORTS CITY COUNCIL MAIL DELIVERY Page Thirty Councilman Jett: I received a letter or memorandum from Chief Sill regarding the City Council mail delivery. I would like it spread in full in the Minutes, This is directed to the City Manager and dated December 21, 1964: "After you reported the incident of Mr, Jett being unhappy with his Council mail delivery, I looked into the matter and feel that a definite policy should be established on delivery of Council mail by the Police Department, "We are in the process of writing a Station Order to cover this subject, "In addition, I contacted Mr, Jett by telephone, discussed the matter with him, and indicated that this would not happen again, I expressed my sorrow that he and his family were inconvenienced. I feel that he accepted my apology and explanation," ASSEMBLY BILL Brown Act Amendment Councilman Jett: I have a letter expressing a talk made by Robert D. Woods, Vice President of the Columbia Broadcasting Station, Television Devision, and General Manager of KNXT and it is quite a lengthy discussion in support of the Assembly Bill which is an amendment to the Brown Act in which we sent a resolution objecting to this and this letter or talk was broadcast over KNXT and as I understand it and the letter also states that KNXT -- the editorials presented on Channel 2 represent the views of the station manager and reflects their concern with community issues, et cetera, (Read portion of said letter,) I would like to see our Mayor write a letter in answer to this stating our views on this particular Assembly Bill inasmuch as we have already gone on record, we appeared before the Interim Committee in Los Angeles, and I would like to se-: the Mayor write a letter and, if at all possible, appear on KI\JXT to represent us in this, Mayor Snyder: Councilman Jett: I will send them a letter. If they invite me, I'll go, I don't think they will invite you unless you request equal time, Acting City Attorney, Mr, Terzian: I think request opposition. They normally don't have more than not more than two or three minutes allotted, you would have to the right to appear in one group with probably -30- L, C. C, 12/28/64 ASSEMBLY BILL (BROWN ACT AMENDMENT) - Continued Page Thirty -One Mayor Snyder: 'I might indicate in the letter that if the opportunity were available the City would like a chance to rebut their position and give our representative views, Motion by Councilman Jett,!seconded by Councilman Nichols, and carried, that the Mayor be authorized to write a letter to KNXT and indicate that if the opportunity were available the City would like a chance to rebut the position on the Assembly Bill having to do with the Brown Act amendment to give our representative views, SISTER CITY Councilman Krieger: I reported back to the Council a few weeks back on the Sister City meeting at which there were proposed changes to the bylaws of the West Covina Sister City Foundation, This is not within -the province of the Council to dictate to the Sister City Foundation what their bylaws will contain but as their bylaw provisions do affect the Council and the activities of the Sister City Foundation as it is of interest to the Council I would like to get a consensus of the Council on these • proposals so I might communicate the same to bylaw committee of the Sister City Foundation, The first recommendation was that the provision which states that five members are to be appointed by the City Council be changed to read "not less than one nor more than five members to be appointed by the City Council", (No objections voiced by the Council,) The second recommendation is that the word "Commissioner" be deleted and in lieu thereof the designation "delegate" be inserted, (No objections voiced by the Council,) to the bylaws which would require the provide quarterly financial reports as Council of their activities during the objections voiced by the Council,) WATER PROBLEM The third would be an addition Sister City Foundation to well as status reports to the preceding quarter, (No Councilman Krieger: The City Manager isn't with us tonight, There are certain points that I had hoped that we could discuss regarding water that the City Manager might properly wish to participate in, In deference to him and to his absence I would like to see the Council continue this matter over to the first convenient date and in the interim I have also received an additional report from the State water people which is of some interest and quite voluminous that I would like to digest having to do with a State service facility to a city contracting agency directly which is something rather unique, I would prefer to have this water matter go over to our next regular meeting, -31- • • t C, C, 12/28/64 COUNCIL COMMITTEE REPORTS - Continued RESCHEDULING OF COUNCIL MEETING NIGHTS Page Thirty -Two Councilman Nichols: I would feel if we went to scheduled meetings on the second and fourth as we do at the present time and automatically a scheduled meeting on the third and ask the City Manager to place the great preponderance of his material on that meeting it would go a long ways to shortening the agendas that we have on our second and fourth meetings, Mayor Snyder. I would go along with that. I would like to see if there are any problems regarding the staff on this, Councilman Nichols: Would the Council object to a motion that would direct the City Manager to explore the feasibility of an -additional scheduled meeting a month and to report to the Council his recommendations in that area? Councilman Heath: I believe your intentions are good but I don't think what you are proposing is the answer. I think the solution is to compress what we have now as other cities do it. The answer is to condense our meetings, Councilman Jett: The City Attorney ruled the opponents have the: right of cross examination, How are you going to hold 'that down to three or five minutes? Mayor Snyder: I would rather let. them go longer and not have the criticism they didn't have a chance to say everything they wanted to say, Councilman Krieger: The only thing that is beginning to gripe me a little bit is the smugness of some of our neighboring cities because they don't have so much to be smug about, Covina, who always expedites their meetings and gets out of there by 9:30 or 10:00 finally got themselves a controversial issue over at the A,B,C, store and.it took them three hours to get through that thine, There is a difference in the problems we have in our community and what thev have in their's and the number of matters that are of importance before this Council, I suggest that part of the problem is the fact that we are a larger City; we have many more problems than they do and we have many more irons in the fire than they do and some of it is just inherent 4M the type of city that we are and I think it bespeaks well of us in many instances that we spend as much time on a lot of these matters as we do rather than give them the run-through that would be so much easier for us to do, Councilman Heath: Is it possible to limit .discussion to persons within 300 or 500 feet of the case in question? Acting City Attorney, Mr, Terzian: You can go even further than that; you can limit discussion, period, Each side, both proponents and opponents; have the right to be heard, There is the right of cross examination and rebuttal but there is nothing that says you have to allow every individual who -32- r 1 e CO C, 12/28/64 Page Thirty -Three RESCHEDULING OF COUNCIL MEETING NIGHTS - Continued • wants to talk to talk, There is nothing that requires you to allow a single individual who is talking to talk as long as he wants to, Councilman Heath: We have people elected to the Council to run the City, They must have been elected because the people had faith in.th.em, In [Nest Covina they are not satisfied with this. They have to come down here and tell the Councilmen how to vote on every item. If they are going to come down to show us how to vote, let the Council step down and let them stand up here and run the City, If they are good enough to give us advice let them get up and win a Councilman election but at least one thing they owe to this City is when they elect a Councilman to leave the Councilman alone and not come down here and put pressure on him, This is what we have gotten into right now. I think the discussion can be and should be limited to people within the specific area, Councilman Jett: I wonder if it would be possible to amend our ordinances and, if possible and if necessary, delegate more authority to our staff and eliminate a lot of these things that are on the agenda now that come up for sanction of the Council, Councilman Krieger: We have a procedural ordinance • on the books right now, I would like to see us follow it and I would like the Chair to have the confidence that the Council would back him up as he enforces that ordinance, There is.a limitation in that ordinance as far as presentation, Mayor Snyder: Except it isn't too definitive when there are many people representing each side, Councilman Krieger: The Chair should exercise some discretion in .these matters, TRASH COLLECTION .RATES Councilman Heath: I don't know how far we are and what our position is now on the solution to the raise in rates for the trash collection but if any of you have read the papers there is an article where Baldw-` Park just awarded Webster Disposal a contract for $1,75 a week for two collections a week and the City gets from 5 1/2o and I think if Webster can do it in Baldwin Park and make money I think we can over here. I honestly believe we did not get a bargain in that, If other cities can do it for cheaper rates and give a better service and a better return to the City, I don't think we got a bargain, Councilman Nichols: The vote was taken. All the evidence as far as the rates of different cities were available at that time, As far as* I am concerned that is for the next two-year period, Mayor Snyder: I agree, -33- 4 C. C, 12/28/64 Page Thirty -Four TRASH COLLECTION RATES Continued • Councilman Jett: When I went along with it I voted in favor of giving him the increase and it was based on the recommendation of the City Manager and it was against my.opinion formed by my study of the audit given to use If I had it to do over again I wouldn't vote for it, Councilman Krieger: Wasn't it a direction with respect to an ordinance so we still have the ordinance to come before us, Until such an ordinance is adopted it has no legal effect, Just as a practical matter, if a Councilman who voted in favor of it wishes to reconsider I think it is worth looking into, If there is no Councilman having any interest in changing his vote, there is no point, Councilman Heath and I voted against it, Mayor Snyder, Councilman Nichols and Councilman Jett voted in favor of it. It really boils down, Councilman Jett, if you have any interestin this being further pursued, Councilman Jett- I don't think that I do, ZONING REVIEW • Mayor Snyder: I would like to know what the Council would feel about a review by the Planning Commission of all this property that has been zoned in a certain zone but unused for that purpose for a certain period of time and the purpose of such a study would be to determine if there is some zoning, old zoning, that is not in conformity with. the General Plan and in fact is not in conformity with what its actual use should be and whether it should be upgraded or changed. Planning Director, Mr, Joseph: You are talking in terms of a small re-evaluation of our land use report, We can do it. It will take time. I have to check with the Planning Commission where it would fit on their priority list, Councilman Heath: I think you would create havoc in the City i f you started something like this. In the first place, people have purchased land due to the zoning and if you change it you are creating a handicap on that person, Secondly, I can't help but think that the General Plan has some of the formation due to existing zoning prior to the study of the General Plan, I think we have a bigger problem where we uses on property that doesn't have the proper zoning and that TTould be a study to go over first, Councilman Nichols: propose and where the problem seems to Councilman Krieger - I would like more information in depth on what you would exist before I could respond, Is it possible in granting zoning to place a time limitation as to the development for that use? -34- I ,. C, C6 12/28/64 ZONING REVIEW Continued Page Thirty -Five • Acting City Attorney, Mr. Terz,ian- It is possible but it is not normally donee If the City wants to change the zoning if the property is not developed the City usually simply initiates a zone change, Councilman Krieger: If an applicant asks for a particular zone change, can we condition the granting of that zone change upon his development within that use allowable use within a certain specified period of time? Acting City Attorney, Mr, Terzian- Councilman Heath - I think you can but I am not sure, I will find out for you, Mr, Williams has made the state- ment that you cannot condition zoning with any condition, Councilman Krieger- I think the way to approach it is prospectively and not retroactively, If this is a problem we have power to control I think we should give serious thoughts to such conditions on future requests for zoning rather than go backward, Mayor Snyder- In the General Plan it represents some areas that are called "highway commercial". There has never been any proposal to include this type of zoning. Is this covered adequately under our present C zoning? Planning Director, Mr, Joseph: I don't think so, One of the items on the priority list is the review of all our commercial zones, DEMANDS Motion by Councilman Krieger, seconded by Councilman Nichols, to approve demands totaling $33,695,65 as listed on demand sheets C430 and C431, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes- None Absent- None There being no further business, Motion by Councilman Heath. seconded by Councilman Jett, and carried, that this meeting be adjourned at 12-15 A,M, APPROVED ATTEST- MAYOR CITY CLERK. -35-