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02-08-1965 - Regular Meeting - Minutes• MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA FEBRUARY 8, 1965 The regular meeting of the City Council was called to order -by Mayor Snyder at 7:40 P.M. in the West Covina City Hall. Councilman Nichols led the Pledge of Allegiance. The invocation was given by Rev. Ralph Michaels of the Community Presbyterian Church. ROLL CALL Present- Mayor Snyder, Councilmen Jett, Krieger, Nichols, Heath Others Present: Mr; George Aiassa, City Manager Mro Robert Flotten9 City Clerk & Admin. Assistant Mr; Dwight Newell, Acting City Attorney (from 7:45 P.M.) Mr; John 0. Adams, Public Services Director Mr. Harold Joseph, Planning Director Absent: Mr. Harry C. Williams, City Attorney APPROVAL OF MINUTES Jamuary 18, 1965 - Approved as submitted Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes of January 18, 1965 be approved as submitted. CITY CLERK'S REPORTS PRECISE PLAN NO. 334, REV. 1 Accept Street Improvements Gar-Lo, Inc. APPROVED Casualty Company Bond No. 0267-63 Staff recommends acceptance. LOCATION: Northeast corner of Wescove and Sandy Hook. Accept street improvements. Author- ize release of New Amsterdam in the amount of $10,400.00. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the street improvements for Precise Plan of Design No. 334, Re- vision 1, be accepted and that the New Amsterdam Casualty Company Bond No. 0267-63 in the amount of $10,400.00 be released. RESOLUTION NO. 3094 Sandy Hook Street Gar-Lo, Inc. ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Deed for Sandy Hook Street - Gar-Lo, Inc.) Hearing no objections, we will waive further reading of the body of the resolution. -1- { { • 1] C, C, 2/8/65 'RESOLUTION N0, 3094 - Continued Page Two 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,, 3094. RESOLUTION NO, 3095 Wescove Place - Gar-lo, Inc. ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Deed for Wescove Place - Gar-Lo, Inc,) 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, 3095, PROJECT M,P,6430 APPROVE PLANS AND SPECIFICATIONS STREET IMPROVEMENT APPROVED LOCATION: California Avenue at Center Street, Batelaan Avenue south of Garvey, Review Engineer's report, Approve plans and specifications for reconstruction of driveways in Plaza Shopping Center, Authorize Engineer to call for informal bids, Estimated cost $29450.00. Budgeted under Small Contingency Projects, Staff recommends approval and authorization to call for informal bids. Motion by Councilman Jett, seconded by Councilman Heath, to approve the plans and specifications for reconstruction of driveways in Plaza Shopping Center as outlined in Project M,P,,6430 and authorize the Engineer to call for informal bids, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None -2- t C, Co 2/8/65 CITY CLERK'S REPORTS- Continued PROJECT S,P,6515 APPROVE PLANS AND SPECIFICATIONS STREET IMPROVEMENT. APPROVED Page Three LOCATION: Azusa Canyon Road north of San Bernardino Road at Pacific Electric Railroad crossing, Review Engineer's report, Approve plans and specifications, Authorize Engineer to call for bids, Estimated city cost - $2,550,00, Budgeted under Small Contingency Projects, Staff recommends approval and authorization to call for bids, Motion by -,Councilman Krieger, seconded by Councilman Heath, and carried, to approve the plans and specifications for street improvement in Project S,P,6515 and authorize the engineer to call for bids, PROJECT T,S,6442 LOCATION: Sunset and Puente and Avenues, Azusa and PROJECT T,S,6428 Vine Avenues, Azusa APPROVE PLANS AND SPECIFICATIONS and Merced Avenues, TRAFFIC SIGNALS Azusa Canyon Road and APPROVED San Bernardino Road, and coordinated units, Review Engineer's report, Approve plans and specifications for Projects T,S,6442 and T,S,6428. Authorize engineer to call for bids. Estimated cost - $470700,00, Budgeted items as reallocated by Council 12/14/64. Staff recommends approval and authorization to call for bids, Councilman Krieger: You have estimated the cost at $47,700 and I come up with $51,400. The addition is wrong on Page 1, It is $47,000 instead of $469800. Then you have the $900 at the bottom of the page and on Page 2 you have an addition of $3,500 and this comes to $51,400, Public Services Director, Mr, Adams: This does not include the two previous projects appearing on Page 2, Councilman Krieger: You are asking for an approval on an estimated cost of $51,400? Public Services Director, Mr, Adams: Yes, Councilman Nichols: My recollection is that the Azusa Avenue - Merced Avenue installation was not the number one priority area, is that correct? Public Services Director, Mr, Adams: The staff presented a study on the needs for the signals and we found these two and the one at Sunset and Puente and we found addi- tional signals close behind, The three we are recommending now have the top warrants, in our opinion, Councilman Heath: I feel there are other sites more in need of traffic signalization than these sites -- Vincent in two spots north of the freeway and other spots need signals more, -3- Co C, 218/65 Page Four PROJECT T,S,6442 AND PROJECT T,S.6428 ® Continued . Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, to approve plans and specifications for Project T.S,6442 and Project T,S,6428, also Project T.S,6427 and Project C®173®1, and authorize the City Engineer to call for bids. (Councilman Heath voted "No".) PROJECT S,P,6306 LOCATION- Cameron Avenue from ACCEPT CASH DEPOS'ITS California Avenue to AND RELEASE BONDS Glendora Avenue, and APPROVED Glendora Avenue south of Service Avenue, Review Engineers' report, Accept cash deposits for street improvements as follows: Leslie Sugar and Julius Nasch - $ 19963,90 Sugar and Sade 161P092.74 Manno 8 Pizzo - 475.75 Release bonds no longer needed as follows: Leslie Sugar 8 Julius Nasch e United Pacific Insurance Company Bond No, B423944 in the amount of $4,100.00. Sugar and Sade ® United Pacific Insurance Company Bond No. 423856 in the amount of $15,000,00. Sugar and Sade ® United Pacific Insurance Company Bond No. 429367 in the amount of $16,600,00, Manno 8 Pizzo - National Union Fire Insurance Company Bond No, 57925 in the amount of $2,200,00, Staff recommends acceptance of cash deposit and rlease of bonds, Resolution is not needed for acceptance of cash deposit, Councilman Jett- We are coming up with cash bonds in the amount of about $18,000 to cover the:.amount of the bonds we are releasing. What is the reason for releasing this amount of bond money in lieu of cash? Public Services Director, Mr. Adams- The original bonds were made without the benefit of plans and were estimated on the high side. Certain work included within the original bond has been done separately. Some of the work has been done ahead of time and these are now based on actual contract. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, concerning Project S.P.6306 to release the bonds noted in the memorandum dated February 5, 1965 and to accept in lieu thereof the cash deposits .listed in.the memorandum of February 5, 1965. -4- 8 0 • Co Ce 2/8/65 CITY CLERK'S REPORTS - Continued RESOLUTION NO, 3096 Project S.P. 6306 Sugar and Sade ADOPTED Mayor Snydera Page Five„ The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS IN A PLANNED DEVELOPMENT ON A PORTION OF LOT NO,, 1659 E. Jo BALDWIN, FOR THE SUBDIVISION IN SAID CITY" (Project S,,P,,6306, Sugar and Sade,) 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,, 3096,, RESOLUTION N0, 3097 Precise Plan No. 423. Wagner ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Grant Deed - Precise Plan 423 - Wagner) Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Jett, 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,, 3097,, RESOLUTION NO,, 3098 Precise Plan NO. 423 Marvin Wagner ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO, 423 IN SAID CITY" (Marvin Wagner) Hearing no objections, we will waive further reading of the body of the resolution, -5- • • C. Ca 2/8/65 Page Six 'RESOLUTION NO. 3098 Continued Motion by Councilman Jett, seconded by Councilman Nichols, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No. 3098. RESOLUTION NO, 3099 Precise Plan No. 423 Marvin Wagner ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE BOND TO GUARANTEE THE COST AND CERTAIN IMPROVEMENTS AND THE TIME.OF COMPLETION IN PRECISE PLAN N0,, 423 IN SAID CITY" (Marvin Wagner) 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, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No. 3099. RESOLUTION NO, 3100 Precise Plan No. 442 La San Properties, Inc. ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST.COVINA APPROVING THE BOND TO GUARANTEE THE COST OF CERTAIN;_IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO. 442 IN SAID CITY" (La San Properties, Inc.) Hearing no objections,.we will waive further reading of the body of this resolution:. Motion by Councilman Jett, seconded by Councilman Heath, that said resolution be adopted. Motion passed on,roll,call as follows,.-:., Ayes: Councilmen Jett, Kreiger, Nichols, Heath, Mayor Snyder Noes: None Absent:, None Said resolution was given No. 3100, • �J C, C, 2/8/65 CITY CLERK'S REPORTS - Continued RESOLUTION Page Seven APPROVING FINAL MAP - METES AND BOUNDS SUBDIVISION NO. 135-230 PAUL Fa MEGNA LOCATION: 417 Campana Flores Drive, north of Cortez Street, Approve final map of metes and bounds subdivision No, 135-230. Staff recommends approval and adoption of resolutiono City Clerk, Mr, Flotten: We have been requested to hold this overo Mayor Snyder: Fine,, LIGHTING ASSESSMENT DISTRICT NO, LAD 64-66 APPROVE REFUND TO TOM ELLIOTT LOCATION: Northwest corner of Barranca and North Garvey, Review Engineer's report, Approve refund of $250,08 for amount of over -assessment, Street Lighting District Account 841, Staff recommends approval, Councilman Krieger: How did we arrive at this particular computation? City Manager, Mr, Aiassa: We will look into this and give you a report, Mayor Snyder: We will take care of this at the next regular meeting, SCHEDULED MATTERS HEARINGS SOUTHERLY ANNEXATION DISTRICT NO, 188 LOCATION: Southerly extension PROTEST HEARING of Azusa Avenue, Hearing of protests or objections set for January 11, 19659 by Resolution No, 3047 adopted November 30, 1964, Held over to February 8, 1965, with hearing held open, City Clerk, Mr,, Flotten: This annexation was approved by the Regional Planning Commission on October 14, 1964; by the Los Angeles Formation Commission on November 25, 1964, On November 30, 1964 the City Council adopted Resolution No, 3047 giving notice of the proposed annexation and set January 11 as the date of hearing, This notice was published on December 10 and 179 1964, On December 23 we received the report from the Registrar of Voters that there are no registered voters in the area. The annexation consists of 42,,20 acres of land,, The assessed valuation is $89250,,00, There have been no protests, written or oral, received up to this date. It has been requested that this hearing be held over to February 8, 1965. -7- C. Ca 2/8/65 Page Eight SOUTHERLY ANNEXATION DISTRICT NO. 168 - Continued . City Manager, Mr, Aiassa: We have a letter on file from Mr. Oschin and his organization will dedicate this right-of-way and slope easements. Mr.. Irving Oschin: We are prepared to offer any sort of document offering the land without consideration. City Manager, Mr, Aiassa-. I have received a memorandum from John Q• Adams.dated February 1, 1965 re Schedules for Right of Way Acquisition, Design, and Construction - AZUSA AVE., Francisquito Ave. to Amar Road - City Project SP-6407, I would like this spread in full in the Minutes: "On January 25, 19659 I was advised by the County Road Department (Mr. Hayword Fong of the Program Development Division) that the earliest dates for meeting certain milestones on the subject projec are as oo ows-. "January 29, 1965 - Right of Way Maps and Instruments for Street Dedication Forwarded to the City of West Covina, "February 15, 1965 - Instruments for Acquisition of Slope Easements Forwarded to the City of West Covina, "July 1, 1965 - Construction Plans and Specifications Complete, "November 1, 1965 Advertise Project for Sid. "December 150 1965 Award Contract, "December 15, 1966 Construction Complete, "In accordance with our understanding with the County Road Department, we were to obtain execution of the instruments for street dedication and slope easements. I recommend that we undertake this task upon receipt of the slope easement instruments in order that we can fully explain the dedication required (Right of Way and slope easements) at one meeting with each of the property owners, "As you know, this project has been developed on the premise that right of way and slope easements will be acquired gratis -- funds are not available for such purposes. I understand that the property owners involved have,,indicated that they will make dedication gratis (attached is copy of letter from CST Engineering Company stating that Mr. Oschin is prepared to make such dedication subject to certain conditions). In my opinion, these commitments, both oral and written, are of no value if the owner chooses not to execute the necessary instruments - we will only know this at the time such instruments are presented for their signature. I discussed this matter with Mr. Bob Cable of the County Road Department on February 1, 1965. Unknown to me, he states that the County approached Oschin and Batchelder within the past month for dedication of Right of Way and met with a refusal, It seems to me that this matter of Right of Way acquisition is getting pretty well snafued, so I requested that we be furnished all instruments which the County is preparing, and we will undertake this effort. C° Ca 2/8/65 Page Nine SOUTHERLY ANNEXATION DISTRICT NO, 188 Continued "There is one other development that may effect the proposed annexation of the Oschin property which comes before the Council on February 8. 1965,, The County has requested the State Highway for a ruling as to the effect such annexation would have on the funding for this project© The County's share for that portion of Azusa Avenue Extension which was in unincorporated territory at the time this project was funded (and in fact is still in the County) was $360,000. The State will match this on a 50-50 basis from FASUE funds. The major portion of the County territory is the Oschin property now included within the proposed annexation. There is some question as to what happens to the funding if this property becomes part of West Covina ®m we may have to pay the tab and the problem is further complicated since we have reached the $500s000 maximum allowable for a FASUE fund appropriation to any one jurisdiction in a particular year. I have requested the County to push for an answer on this question since we need such information before Council acts on February 8." Mayor Snyder,. • Mr. Irving Oschin 5080 Aarondale Drive Woodland Hills continue Highway that was already I am able to. Mayor Snyder,. 39. As far as the zoned R®2. I would This is the time and place for the public hearing. We are prepared to offer any documentation representing the dedication without consideration for this property necessary to annexation, this is the property be happy to answer any questions Azusa was contingent upon all the rest satisfy their contingency? City Manager, Mr. Aiassa,. It was my understanding that Home Savings' dedication;of of the dedications. Does this I presume so. All we are doing now is waiting for the instru- ments. We Arlan to have a meeting with each of the property owners and execute the complete arrangement at that.timeo There being no further public testimony, the hearing was closed. RESOLUTION N0. 3101 ADOPTED Mayor Snyder,. The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE AGAINST SOUTHERLY ANNEXATION DISTRICT N0, 188" Hearing no objections, we will waive further reading of the body of the resolution. MOE Co Co 2/8/65 Page Ten SOUTHERLY ANNEXATION DISTRICT NOa 188 (RESOLUTION NOo 3101) ® Continued. Motion by Councilman Jett, seconded by Councilman Krieger, that said resolution be adoptedo Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No,, 3101, Ordinance to be introduced February 23, 1965. PLANNING COMMISSION TRACT NO, 23292 LOCATION: Easterly of Pass and Home Savings 8 Loan Assoc,, Covina Road at Amar, APPROVED Request for 353 Acres - 1157 Lots ® Area District I, approved by Planning Commission on December 2, 1964, Held over from January 25, 1965 to this date,, City Clerk, tiro Flotten: (Read report dated 2/5/65 re Tract No. 23292 from Mr. Joseph.) • Councilman Krieger- Regarding the legend, I don't know about the legal import about the legend on a tract map but I am concerned about that portion of the legend that refers to area cluster houses including green areas 114 plus or minus acres. Technically, this is not correct and not consonent with the majority of this Council,, Technically the majority of the Council has rezoned 114 acres plus or minus R-2 but the majority of this Council has not approved 114 plus or minus acres for cluster housing,, The action of the majority of this Council was merely to grant approval for the first phase of the first increment so I think it would be more proper in considering this tentative tract map if we were to change.that designation to something that would indicate perhaps Rm2 area or perhaps the Planning Director might have some other more appropriate designation but any designation that would not denote some action that isn't consonent with the past action of the Council,, Planning Director, Mr. Joseph- You could say the first 40 acres as the first phase of the first increment, the first phase being cluster housing and the rest being devoted to R-2 development that will require subdivision and precise plan at some future date when they are ready to develop. Mayor Snyder- This action would allow them to grade the other R®2 areas according to a R®2 layout but does not approve the precise plans for those other two areas, Planning Director, Mr,, Joseph- To the individual lot layout, yes,, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to approve Tract Map No. 23292 with specific amendment to the legend as previously noted by the Planning Director as it refers to the 114 plus or minus acres and subject to the conditions imposed by the Planning Commission 1 through 6, in addition to Conditions 4f, 4g and Condition 5"o" as added in the Planning Department memo of 2/5/165,, (Councilman Nichols voted "No",) -.10- • • Co CQ 2/8/65 'PLANNI`NG COMMISSION ® Continued REVIEW PLANNING COMMISSION ACTION OF FEBRUARY 3, 1965 RECREATION 8 PARKS REVIEW ACTION OF COMMISSION AT THEIR MEETING 1/26/65 Page Eleven So indicated by Mr,, Flotteno City Manager, Mr. Aiassa: You have a copy of the summary action taken at the meeting of January 26, 1965,, I would like you to accept the report,, Councilman Nichols: I have a question,, Somewhere I missed the Minutes of the earlier meeting and a matter was reiterated with respect to a pre-school program that was being authorized for implementation on a pilot basis. Could you explain that for me, Mr,, Krieger? Councilman Krieger: The January 18th meeting, was before I was appointed Council representation,, There was no discussion about it,, Councilman Nichols: I would like to request the City Manager to prepare or have prepared a report for the Council on Item 1 in the area of new business, pre-school children,, GENERAL MATTERS ORAL 'COMMUNICATIONS None "WRITTEN COMMUNICATIONS None ORDINANCE NO,, 902 The Acting City Attorney presented: Zone Change No. 327 "AN ORDINANCE OF THE CITY COUNCIL Eton Investment Corporation OF THE CITY OF WEST COVINA ADOPTED AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 327, Eton Investment Corporation) Motion by Councilman Krieger, seconded by Councilman Nichols' and carried, to waive further reading of the body of the ordinance,, C,, Co 2/8/65 Page Twelve ORDINANCE NO, 902 ® Continued dbMotion by Councilman Krieger, seconded by Councilman Nichols, 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, 902, ORDINANCE NO,, 903 The Acting City Attorney presented: Zone Change No. 330 "AN ORDINANCE OF THE CITY COUNCIL OF M. J. Young & C. M. Brooks THE CITY OF WEST COVINA AMENDING THE ADOPTED WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES' (ZC 3309 M,J, Young and C,M,, Brooks) 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 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, 903,, ORDINANCE NO, 904 The Acting City Attorney presented- Amendment No, 68 "AN ORDINANCE OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE RELATING TO OFF-STREET PARKING REQUIREMENTS" (Amendment No, 68) 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, that said ordinance be adopted, Motion passed on roll call as follows- Ayes- Councilmen Jett, Krieger, Nichols, Heath Noes. Mayor Snyder Absent- None Said ordinance was given No, 904, ORDINANCE N0, 905 The Acting City Attorney presented: Tentative Maps "AN ORDINANCE OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE GIVING OF NOTICE OF CONSIDERATION BY THE PLAN:m NING COMMISSION OF TENTATIVE MAPS OF SUBDIVISIONS" ®12® t • • C, C, 218/65 ORDINANCE N0, 905 ® Continued Page Thirteen Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinances Motion by Councilman Heath, seconded by Councilman Krieger, 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, 905,, ORDINANCE INTRODUCTION Zone Change #329 Oschin and Glikbarg 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 3299 Oschin and Glikbarg) 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 Krieger, and carried, that said ordinance be introduced,, (Councilman Nichols voted "No",) ORDINANCE INTRODUCTION Zone Change No. 332 Leslie W. Metcalf, M.D. 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 3329 Leslie W,, Metcalf, M,,D,) 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, ORDINANCE INTRODUCTION Zone Change No, 331 Moon's Eastland Flying "A" 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 3319 Moon's Eastland Flying A) Motion by Councilman Krieger, secgnded by Councilman Heath, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that said ordinance be introduced,, m13® • C, Co 2/8/65 CITY ATTORNEY ® Continued RESOLUTION NO, 3102 Variance No. 524 Precise Plan No. 430 Firestone Tire & Rubber Co. ADOPTED Mayor Snyder: Page Fourteen The Acting City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A REQUEST FOR A VARIANCE AND PRECISE PLAN OF DESIGN" (V 5249 PP 430, Firestone Tire and Rubber Company) 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, Mayor Snyder Noes: Councilman Heath Absent: None Said resolution was given No. 3102. •RESOLUTION NO, 3103 Precise Plan No. 422 Variance No. 520 Home Savings & Loan Asso. ADOPTED Mayor Snyder: The Acting City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING IN PART AND DENYING IN PART PRECISE PLAN OF DESIGN N0,, 422 AND GRANTING IN PART AND DENYING IN PART VARIANCE NO. 520" (Home Savings & Loan -Assoc.) 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, Heath, Mayor Snyder Noes: Councilman Nichols Absent: None Said resolution was given No. 3103, RESOLUTION NO, 3104 Variance No. 425 (Rev. 1) Schlanger ADOPTED Mayor Snyder: The Acting City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A VARIANCE" (V 425(1) Schlanger) Hearing no objections, we will waive further reading of the body of the resolution. -14- C, C, 2/8/65 RESOLUTION N0, 3104 - Continued Page Fifteen 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, 3104, RESOLUTION NO, 3105 Nazi Party Subversive Organization ADOPTED Mayor Snyder: The Acting City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA OPPOSING THE ESTABLISHMENT . NAZI PARTY OR ANY SUBVERSIVE ORGANIZATION IN THE EAST SAN GABRIEL VALLEY" (See Amendment on page 16). Hearing no objections, we will waive further reading of the body of the resolution, Councilman Heath: We have a letter from the City • Attorney on this subject. I don't quite understand it, especially the second paragraph: "City Councilmen are immune from libel only while they are engaged in a municipal affair, The Nazi Party, its tenets and membership is not such an affair and would come under the jurisdiction of the Federal and State.Government," Does that mean:only the State and Federal Government could declare the Nazi Party as subversive? Acting City Attorneys Mr, Newell: It would be the province primarily of the Federal Government, The State could enforce the laws as they felt, The municipal affair relates to the function of a city, a city government, Councilman Heath: We have had a request to adopt a resolution speaking against the Nazi Party because it is subversive and I question whether the City Council would be in a libelous position without first having the Federal and State Government declare they were a subversive organization, Acting City Attorney, Mr, Newell: The investigation is what you are #referring to, whether the City would have.the ability to investigate 0- Councilman Heath: No, Are we in a very poor position if we speak out against this organization.when the Federal or State Government has not ascertained that they are a subversive group? Councilman Krieger: Where does the proposed resolution say that the Nazi Party is a subversive organization? -15® is Ll Co C, 2/8/65 RESOLUTION NO, 3105 m Continued Page Sixteen Councilman Nichols: I think there is some ambiguity in the attorney's opinion, The query was related to liability with respect to taking a position, The opinion is more suitable to investigative action of some sort, Acting City.Attorney9 Mr, Newell: The question I received was immunity to libel as a Councilman speaking from the Council table; where does their immunity end.; and that was what I was asked, Councilman Nichols: I don't think Mr, Heath or I intended that as the question. I think it.is sufficiently clarified for my purpose, Councilman Krieger: I have a question regarding the title. I think the title is misleading, What we are really opposing is the establishment of a.headquarters of the Nazi Party or any subversive organization in the East San Gabriel Valley and I don't think the title denotes this, I think if we add the words "OPPOSING THE ESTABLISHMENT OF A HEADQUARTERS OF THE NAZI PARTY", , , that would be better, The whole issue raised before the Human Relations Commission and has been raised in the news- papers and in neighboring cities had to do with their establshment of a headquarters and the body of the resolution talks about the establishment of a headquarters but the title doesn't talk about the establishment of a headquarters and I suggest it should be consistent, Mayor Snyder: I think we are in agreement with the corrected heading as suggested by Mr, Krieger, Councilman Kc4-Lqin0,; Regarding Section 3. I would recommend in lieu of the language that presently appears in Section 3 that it be amended to read that "The City Council invites officials and citizens of neighboring communities to join in peaceful opposition" striking the words "but potentially powerful and effective", Councilman I would agree with that. Motion by Councilman Nichols, seconded by Councilman Krieger, that said resolution be adopted as amended in this meeting, Motion passed, on roll call as follows: Ayes: Councilmen Krieger9 Nichols, Heatho Mayor Snyder Noes: None Absent: None Abstained: Councilman Jett Councilman Jett: I don't understand the resolution and the letter we have from our City Attorney, It is not completely clear to me and I don't want to be placed in the position of having to defend myself on a libel suit. Said resolution was given No, 3105, -16® L` 0 Co Ca 2/8/65 CITY ATTORNEY m Continued FORTUNE TELLING Page Seventeen Mayor Snyder: Can a general law city pass an ordinance prohibiting the practice of fortune telling and like sciences, whatever, and have other cities done this? I have the impression that the City of Los Angeles has such an ordinance,, Acting City Attorney, Mr,, Newell: It is my impression that they have,, However, they are not a general law city,, I am not sure whether such practices are covered by the Penal Code or not,, I will research this for you,, YOUNT PROPERTY Mayor Snyder: The last time Mr. Williams was here he wanted to have an executive session regarding the lawsuit on the Yount property but because of time limitations he had to leave. Is there any pressing time limit on this that you know of? Acting City Attorney, Mr,, Newell: I don't know,, RESOLUTION NO,, 3106 Annexation Metropolitan Water District ADOPTED Councilman Krieger: Acting City Attorney, Mr,, Newell: The Acting City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ESTABLISHING AND DECLARING ITS POLICIES AND INTENTION WITH RESPECT TO ANNEXATION OF A PORTION OF SAID CITY TO METRO- POLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AND TO THE UPPER SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT" I request that the body of this resolution be read in full,, (Read body of said resolution,,) Councilman Heath: Did I understand all of these conditions have to be agreed to before we go ahead with the annexation, namely the last where Metropolitan will assume all past expenditures and reimburse all past expenditures made by this City? Councilman Krieger: These four conditions are in and are in the conjunctive meaning and each and every one of them must be satisfied,, Mayor Snyder: I am wondering if there isn't some way this water contract can be accredited to our entitlement,, -17® C, C, 2/8/65 Page Eighteen RESOLUTION NO 3106 - Continued Councilman Krieger- An entitlement was determined at the time of negotiation of the contract and your payments were predicated upon your entitlement. Now it is not a question of the delivery being predicated upon -� Mayor Snyder- This water contract, our entitlement to receive water from MWD,, I am wondering if this is water we are giving them, Couldn't this be credited on our entitlement and speed it up? Councilman Jett- Originally Mr® Jensen informed us that we did not acquire an entitlement until we had paid our back charges, In effect, this could give us an entitlement right now or applied toward an entitlement. Councilman Krieger- What Mr, Jensen was stating is merely a restatement of what the law is, Section 35-5 1/2 of the Metropolitan Water Act which determines the entitlement as such, One of the questions raised was whether or not at some future date the City of West Covina might require more water than it was entitled to,. This was covered in the reports of the study groups as well and as I commented to the Council there had never developed a situation in the history of the Metropolitan Water ® District where any of the subscribers ever have been denied their needs and that if, in fact the situation would arise the report of Leeds, Hill and Jewett which was made to the San Gabriel Group stated that in any event after their first payment was made if they were to join MWD under the historical formula it would already exceed what their present demands were so I suggest that there is nothing to indicate either in the past history or the report most favorable to the San Gabriel Municipal.Water District -that suggests at any probable future date the needs of the City are not going to be met because the entitlement is not sufficient to meet it, Mayor Snyder: I agree with that and I don't think we can put this in the resolution but certainly in the negotiations there is no harm.in seeing how this would apply, Councilman Krieger- In the negoitaions we should negotiate for the reimbursement of monies expended and then the highly improbable situation of not having our entitlement meeting our needs, Councilman Jett- I think the issue of the entitlement would supercede the need of any amount of money, just being completed right now is a well at Merced that is 450 feet deep,, They have just drilled a new well 100 feet deep and they have just completed it, The water table had dropped below 450 feet,, I think the reason there hasn't been a precedent where MWD had not denied anybody a portion of their entitlement is because there had never been a lack of water but this was all done prior to the Rifftons decision which took away this 104009000 acre feet from the Colorado River,, Councilman Krieger- There have been some develop- ments just today in terms of the State of California and the State of Arizona with respect to an agreement on the Colorado River water,, Secondly, if you were to negotiate with MWD on the basis of entitlement, even if such were possible, what we are talking about is not Colorado River-- water, �. ®18- C, Co 2/8/65 Page Nineteen RESOLUTION NO, 3106 m Continued • you are talking about water that would not even be delivered to this . area until 1972 so at best you would be establishing an entitlement to water that wont be here for seven years and I am going to the report of Leeds, Hill and Jewett that showed after the first year of annexation that your qualification will already exceed your needs. When we talk about entitlements and our present water situation we are talking about two different things because this entitlement at best even from the State if we were not to join anybody and work out a transport system to the City of West Covina would not give us a drop of water here until 1972, The real value of the contract represents two factors, One is the investment the City already has in this contract which I think we should negotiate for total recovery on and the second is our joining MWD does not do anything but increase MWD's entitlement by 119500 feet but not even starting until 1972, 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 Mayor Snyder: I will qualify my "Aye" vote in that I have agreed to support is the majority of the Council so I vote for this resolution, Councilman Jett: I would like to see the Council now move forward unanimously on this water program and see if we can resolve it, Mayor Snyder: The first step is to send this resolution to MWD and to the Upper San Gabriel Municipal Water District, We can do nothing until we receive their answer, Said resolution was given No, 3106, CHAMBER PROGRESS REPORT Mayor Snyder: West Covina Chamber of Commerce, at this time, Councilman Heath: Mayor Snyder: REFERENDUM You all have copies of a quarterly report from the, I would like to have this accepted I haven't had a chance to read this, We will hold this over to the next regular meeting, Mayor Snyder: I have copies of the so-called "fact sheet" which the proponents of a referendum against Home Savings and Loan are using as arguments to receive signatures from people that they approach, I, of course, -19® Ca C,, 2/8/65 REFERENDUM m Continued Page Twenty • do not question the right of the people to a referendum. I do question the judgement used by the proponents of this referendum,, It seems to me they could expend their energies to much more useful purposes than this item,, I would like to state that the fact sheet they are using is a basis for their argument in getting people to sign the referendum and contains imcomplete and erroneous statements and therefore, in my opinions anybody signing the petition on the basis of this sheet is signing something without full knowledge or under fraudulent claims and I think the Council should take some unified stand to inform the public what this referendum is about and if possible I would hope unless people really feel that a referendum is called for that they will not sign it,, It is my understanding that the staff is reviewing these facts as stated on the fact sheet but whether the facts are true or not they are incomplete and give a misleading figure because in one"' -case they compare the first increment instead of the total Home Savings and Loan development and no one can know sinm it hasn't been zoned or master planned, the total Home Savings development,, These figures are misleading and tends to indicate to most people that the density down there is much higher than is really proposed by this Council or envisioned by this Council and to obtain. •signatures on the basis of this sheet is obtaining signatures in a fraudulent manner,, Councilman Jett: of figures all the way through and newspapers this "How did your City is wrong because according to the full credit Mayor Snyder: I am with you 100 I think this is a misquote or a misuse if we accept what we see in the Councilmen vote on the R®2 zoning?" newspapers Mr,, Krieger was given This is on the zoning and they are correct on that,, Councilman Jett: There is more to this than just R®2 zoning,, It is a package deal and we only have one little portion right now under consideration and this has been approved and this should be based against 1800 acres instead of three or four hundred acres,, Certainly I would hope that the citizens of West Covina would get all the information and the true facts before they sign any one of these petitions,, Councilman Krieger. don't claim credit for anything having situation on our Council,, My vote was is correct when it said I voted against against the referendum,, I don't know what "Mr. Krieger was given credit for" and I to do with this particular "No" on the R®2 zoning,, It the R-2 zoning,, I am also Councilman Heath: My opinion on the referendums I would look at it in this light: I believe in procedures that are provided by law whereby individuals may let their voice be heard,, This right is provided at the polls but on extraordinary circumstances we have other means such as referendum which is intended for occasional use,, However, it seems in our City we don't believe in these principles but rather in a mass hysteria and rule by masses,, How a small group of backyard ®20® C. Ca 2/8/65 REFERENDUM - Continued Page Twenty -One planners living miles from a project can take over the rule of a city and in defiance of officials elected in due process of law and acting under the advice of professional people is not in the best interests of the city and can only be led to a type of government not desired in this country. You people in the City of West Covina.elected these people to serve you on the Council. They are here to do the best they can under the advice of professionals so why don't you leave them alone and let them run the City instead of a group of people meeting some evening and deciding the destiny of the City? If these people who are running the referendum feel that they want to run the City, then why didn't they run for Council? You have elected these:men, now leave them alone and let them run the City. Mayor Snyder; I am at a loss to understand the motivation of the proponents of this referendum. Looking at it objectively, I cannot see that this matter should be this important to them,, I think they must be listening to misleading facts because I don't feel the facts fit the picture as they state them. Secondly, I would like to state that it has been stated by several of the proponents in letters to the editor and otherwise that I somehow broke some campaign promises. In the .first place, when I ran for Council the second time I did not promise • to sell my soul to any group and I made no such promise. I did state .throughout the campaign that'I believed in the General Plan and I think the two older members of this Council know that nobody fought any harder for the adoption of the General Plan than I did. I still believe in the General Plan and I still believe in developing the City according to the General Plan and I feel my vote all the way through on this Home Savings and Loan development is.in keeping with the General Plan. If there is a difference of opinion as to the interpretation of the General Plan then that --must be where the difference lies but I made no promises as they have charged in some of their letters and state- ments to the paper. If they are successful in getting enough signatures on the referendum I, for one, will work night and day to help get the facts before the people so we have an honest vote. Councilman Nichols: This past week I responded to a question from the press and stated that I felt that the move to .achieve a referendum was untimely, ill-advised and unnecessarily devisive and I would reiterate that on the Council tonight and I would only state otherwise that I am sure that those carrying petitions surely must be carrying more information to the voters.than is contained on these sheets because this material here could only represent a portion of the picture that is being presented,, It is entirely misleading and therefore I would assume that those circulating petitions are going much better prepared than the material which is being peddled here which I would feel would not give anyone a clear picture at all in this matter, Councilman Krieger: I think any action by this Council at this time would be precipitous, I would be opposed to it, If the requisite signatures are secured by these people circulating these petitions and such petitions are.then presented to this Council then I think is the time and place for us to express our views with reference to it which by law.we will be required to do in terms of either reversing the previous action of the Council or submitting it to the electorate for a vote, -21- • C. Co 2/8/65 'REFERENDUM - Continued Page Twenty -Two Councilman Heath: If the Council at this stage lets the electorate know their stand there is a possibility there will not be enough signatures gathered and it would save the City some money. Mayor Snyder: I think we have let them know our stand individually. Councilman Nichols: I think it is apparent that the total constitution of the Council, all five members have gone on record that they do not support this.referendum, this effort to achieve a referendum. 'CITY MANAGER REPORTS CAROUSEL THEATER City Manager, Mr, Aiassa: We need clarification on the theater -in -the -round, Melodyland. It appears we accepted an exhibit which is a photograph that was used very early in the game of their publicity and they are now developing a different building. We want to include this rendering and the exhibit of the matter because I think it is more in keeping with the design they are using. (Presented rendering and explained same.) RESOLUTION N0, 3107 ADOPTED Mayor Snyder: The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CLARIFYING ITS INTENTION WITH RESPECT TO A CONDITION CONTAINED IN CITY COUNCIL RESOLUTION N0, 3084" Hearing no objections, we will waive further reading of the body of the resolution. Councilman Krieger: In the second "Whereas" I believe the correct wording should.be, "Whereas .Condition No. 2" rather than "Condition No. 31f. Planning Director, Mr. Joseph: This memo states that the Council adopted this condition subject to all conditions from the Planning Commission plus the following, et cetera. One of them would be all of the conditions of the Planning Commission be complied with and the second would be the landscaping. 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. 3107. -22- C, Co 2/8/65 Page Twenty -Three CAROUSEL THEATER (RESOLUTION NO, 3107) - Continued • Mr, E, McColom We have been working closely General Manager with the Building Department Sheldon Polluck Corp, in giving them all of the details they need and we needed clari- fication on this in that our plans represented this roof configuration and a photograph that went into the Minutes of the precise plan at the last Council meetingshowed a round roof and I tried to explain to the people here on the staff that I had personally explained that the ..configuration of the building had changed. We, had to get this prepared and they felt it would be better if it came before the Council for clarification, BOND ISSUE City Manager, Mr, Aiassa. The City Council interviewed -three of the proposed consultants con- tacted for the proposed bond issue on February 3rd, 1965'o We talked to O'Melveny & Myers and you should authorize the contract by this Council for the legal aspects of the bond issue if there are no objections.to O'Melveny & Myers by the City Council We have -received a letter from O'Melveny 8 Myers dated January 15, 1965 re this matter and signed by William K, Kramer, I would like this spread in full in the Minutes. "We have been advised that your Honorable Council wishes to employ this firm as bond counsel torenderlegal services in connection with the authorization and issuance of approximately $4,250,000 general obligation bonds of the City of West•Covina, We shall be happy to accept such employment, "Our services will consist of the drafting of all documents required in the bond proceedings., the general supervision of the proceedings step by step as. taken,_and the issuance of our approving opinion to the purchaser of the bonds, "For these services our fee will be $59250 computed in accordance with our standard schedule which provides as follows. ."Amount $2500000 to $1,000,000 $100000000 to $590009000 payable following the canvass of prorata protion of the remaining each sale,. Should the bonds be there will be an additional fee Should all propositions fail at Fee $2 per thousand $2000 plus $1 per thousand on excess over $190009000, "$19000 of the above fee is the election returns and a fee will be payable following sold in more than three sales, of $400 on each excess sale, the election., our fee' .will- - -23- Co C, 2/8/65 BOND ISSUE - Continued Page Twenty -Four • be $1,000. If one or more propositions carry and one or more fail, the macimum fee on the failed portion will be that portion of $1,000 which the failed portion bears to the total of all propositions,, In case the proceeding is abandoned our fee for the work prior to the date of abandonment will be a reasonable fee based upon the time spent. "In addition to the above fees we are to be reimbursed for out of pocket expenses, such as long distance telephone calls, telegrams, travel and the like, which will be billed to the city from time to time. "The scope of our services is only to act as bond counsel and does not include the rendering of other services or advice or litigation. "It is recognized that this firm may have clients who may.from time to time have interests adverse to the city and that this firm reserves the right to represent such clients in matters not -connected with the authorization, issuance and sale of the bonds, "We -understand that you intend to employ financing consultants so that we will not have any • duties regarding the official statement except to check it for legality. "If this arrangement is satisfactory to you, please adopt a minute order employing us on the terms stated herein and furnish us with a certified ...cA.py thereof o " Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to employ O'Melveny 8 Myers as per their communication of January 15, 1965 and that said letter be made part of this contract,, City Manager, Mra Aiassa: The City Council,on,F"ebruary 3,1965 interviewed J>B.Hanauer & Coo and Stone & Youngberg and Rafferty ,& Co, At the Councills.request.I reviewed these consultants and where they have worked and Mr,, Rafferty has recently sent another letter in which he.explains some of his work, This letter is dated February 4, 1965 and directed to the Mayor and the City Council re this matter and is signed by James F, Rafferty, I would like this spread in full in the Minutes: "Your patience in listening to my presentation of our financial consulting services at your meeting last night was greatly appreciated,, "We hope that our fee schedule seems attractive to you, We also hope that you would feel my personal experience and work with your City Officials would produce the complete -understanding of the financial program which is so necessary to develop an informed and favorable opinion with the voters. "I cannot stress too strongly that we feel our major competitive advantage is that the man who meets your Council (and who is in effect employed by you) continues throughout the consulting arrangement to -24- C, C, ' 2/8/65 Page Twenty -Five BOND ISSUE - Continued actually provide the consulting service. We cannot concur with the organiza-tion of a consulting firm based on salesmen working one a situation until a consulting contract is obtained and then giving way to consultants not of.your selection and of varying degrees.of experience on whom you must depend for.proper financial counsel. "In retrospect, I felt that I may not have fully satisfied your Council as to my personal availability during the 6 to 10 week period prior to the bond election. I wanted, therefore, to amend our proposal so as to guarantee my personal presence in West Covina not less than twice a week during the entire period of the bond campaign. The agreement can now provide that I will be present an average of twice weekly on 24 hours notice by your City Manager. "I enclose 8 copies of this letter in case your City Manager might want to distribute them with a minimum delay. We most earnestly hope to be selected to work with you on projects of the importance as those you propose to submit to your voters." City Manager, Mr, Aiassa: At the Council's requsst I reviewed all the cities that Stone;& Young- berg .and Robert Bulot had dond work for. Ede' wnrke''d at, Moutdlgir, Fontana, Glendora, Glendale, Industry, Pomona, Beverly Hills. In all these cities they have agreed that the service of Mr. Bulot has been very satisfactory. Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to engage Stone and Youngberg to act as advisors and consultants in the bond election.in May of 1965 as per terms of the letter of' January 26, 1965. (Councilman Krieger voted "No"O Councilman Krieger: This is not -intended in any manner to be a negative or criticism of the capabilities of Stone and Youngberg to act in this field, My personal preference would have been for Rafferty and Company. City Manager, Mr, Aiassa: On the 23rd you will have a full account on the financing of this, Councilman Heath: I thought Mr, Williams' ruling was we can't negotiate a contract unless the money is specifically earmarked, City Manager, Mr, Aiassa: No, If you don't have money to cover it you can't negotiate a contract, You have money but it is not specifically earmarked. LIMITING LENGTH OF TIME ON ZONING City Manager, Mr. Aiassa: Mayor Snyder: I would like to hold this to the 23rd. All right. -25- C. Co 2/8/65 CITY MANAGER REPORTS - Continued ENGINEER'S REPORT ON BARRANCA STREET City Manager, Mr, Aiassa: Mayor Snyder: RETIREMENT EXTENSION Page Twenty -Six I would also like to hold this off until the 23rdo All right. City Manager, Mr, Aiassa: This is for Sears R. Headley. I -have a letter from the staff regarding -''- this matter recommending that he be granted one year extension of his re- tirement date from March 1, 1965 to February 28, 1966 and that he be re- quired to submit a physician's report on his physical condition at his own expense. (Read report re this matter,) Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to accept the recommendation of the staff and Personnel Board and extend - the retirement of Mr. Sears Headley for one year subject to him obtaining a medical report at his own expense which is satisfactory to those in charges SCHOOL DISTRICT REPRESENTATIVE City Manager, Mr. Aiassa: We have taken care of this. • Mr. Jett will represent the City Council on this and he is.following through on that. Mayor Snyder: I think the staff should also work on this liaison with the school district on the swimming pools. Mr. Jett will work with them but his appointment was liaison on all mutual problems with the school districts. VALENCIA HEIGHTS WATER COMPANY LEASE City Manager, Mr. Aiassa: We have the Valencia Heights Water Company and we have a memo from the Parks and Recreation Commission. (Read said memo as follows:) "Motion was made by Commissioner Keith, seconded by Commissioner Whitcher, to recommend to City Council that negotiations be auth- orized to extend the lease with the Valencia Heights Water Company on the Ridge Riders and baseball field area for an additional ten years or more. Carried unanimously." Mayor Snyder: In the area under consideration, we lease from the water company and the Ridge Riders lease from us and the use of.the remaining prop- erty other than Ridge Riders is up to us? City Manager, Mr, Aiassa: Councilman Jett: City Manager, Mr, Aiassa: Yes. Is there any chance of purchasing that property? In our negotiations for the ex- tension of the time I thought we would bring that up, -26- • • I Co Co 2/8/65 VALENCIA HEIGHTS WATER COMPANY LEASE - Continued Councilman Jett: Page Twenty -Seven I would like to have a commitment out of that for purchase of that. Councilman Heath: Move that the City staff be instructed to'-hegotiate with the Valencia Heights Water Company to extend the lease on what is known as the Ridge Riders and Maverick Little League area for another ten years. Councilman Jett: I will second that if you will also state for them to check on the possibility of buying that property. I think if we are going to go into. these pieces of property we should buy them. Councilman Heath: Councilman Jett: They have wells on there and prior to this date they would not sell. They can identify that portion as a lot and hold it out. They don't have to sell that to us. Councilman Nichols: I think it would be in order at least to ask them about it, to inquire to see what the negotiable qualities are. City Manager$ Mr, Aiassa: According to our original lease we have the first option to buy the land if it is proposed for sale;` Councilman Jett: They are in the process now of possibly selling the water company. Councilman Heath: I will amend my motion to state to also investigate the possibility of the purchase of this property. Action on Councilman Heath's motion: and carried. ATTORNEY'S FEES State Water Contract Seconded by Councilman Jett, City Manager, Mr. Aiassa: We have a statement from Burke$ Williams and Sorensen for the sum of $485063 for the City of West Covina vs. The State of California, Department of Water Resources, No, 849 974, Motion by Councilman Jett$ seconded by Councilman Heath.,Ithat the staff be authorized to pay Burke, Williams and Sorensen the amount of $485.63 for their legal services in the case of The City of West Covina vs. The State of California$ Department of Water Resources$ NR,, 849 974. Motion passed on roll call as follows: Ayes: Councilmen.Jett$ Krieger$ Nichols, Heath, Mayor Snyder Noes: None Absent: None -27- C,, C,, ' 2/8/65 Page Twenty -Eight 'CITY MANAGER REPORTS m Continued • PROPOSED PARK SITES ESTIMATES City Manager, Mr,, Aiassa: We have the preliminary valuations from.Mre Harrison R. Baker for the three proposed park sites. The Councilmen have copies of this. What do you want to do? Councilman Heath: I think we should determine now which way we are going to go on the Galster property,, Councilman Krieger,, This figure is right in line with what we discussed when we talked about the package deal which involved the improvements, the four swimming pools and the addition of one additional area and that was Galster,, Councilman Heath.- I presume we are working with the idea in mind of going west? Councilman Krieger: No,, As I understand this letter from Harrison R. Baker he refers to three sites, Galster, the Collion parcel and the Tarwell parcel,, As.I.understand the vote of the Council when we discussed this was with reference to only one additional area and that was Galster,, • Councilman Nichols: The statement from Mr,, Baker involves three tenative appraisals, one of which includes property that would represent an addition to Galster Park and the property that represents that addition is the property presently owned by Mr. Galster on the west of the park. This also is the first preference of the Parks and Recreation Commission,, The question Councilman Heath raises, is this the parcel that this Council is preparing to seek.as a part of this bond program or are we prepared to make that stipulation at this time? Councilman Kreiger: Is there anything in our past voting record on this particular aspect of our parks and recreation bond issue that suggests that we have any interest in the Sunset Avenue site or on the Sunset and Francisquito site? ....,Counc.ilman.Nichols: I would say so,, We had a possible interest if the price was right,, There are three proposed possible locations in the vicinity of the present Galster Park,, The question in my mind was was this tenative appraisal just to give us a general idea of prices in that area? This was my understanding of it,, Councilman Krieger: My understanding is we requested this appraisal before the Council took any action and that this merely comes along after we in fact voted. This information was not available to us at the time we voted,, City Manager,.Mr,, Aiassa: If you are considering buying the property we had better go ahead with the appraisal, t.. C, C, 2/8/65 Page Twenty -Nine PROPOSED PARK SITES ESTIMATES ® Continued • Councilman Nichols: I speak for myself., Mr, Galster has donated substantial acreage to the City of West Covina, This represents on today's values of land a tremendous sum, Mr, Galster has limited land remaining to himself, If the land remaining to him was the land essentially needed for a .City park -then I would have no compunction in saying that is the land we should take, But despite the fact that the Parks and Recreation Commission -made a tour of the property and seems to feel that the site on the west was a preferable site, my personal feeling was relative to a wilderness :park that site No,'2 to the south was a better site and so considering the fact that Mr. Galster has indicated desires -if possible to develop the remainder of his land as he sees fit and not turn.it over to the City and because I personally prefer the site to the south L,I would not favor further appraisals or actions relative to the parcel to the west, Councilman,Heath: I agree with what Mr,- Nichols has said, The conversation I have had in investigating bridle trails throughout the City, it was ..my impression as stated before that this appraisal was made to give us an.approximate.idea of prices and not to,locate it on aspecific site. When.I was.investigating;these bridle paths I was led to believe that we were quite concerned about -getting an additional parcel to the Galster,Park that would go across the hill and over to the golf • course to accomodate bridle trails and continue the wilderness park. I therefore feel that for the most advantageous piece of property it would be to the south where we can carry out these bridle trails and._,co:nnect .it .with.the...golf.course in .the Home Savings property, I don't want to indicate that I am tying anything down to­a.parcel: to the west or to the east but preferably to a parcel to the south, Councilman Krieger: That is exactly why I.asked what is there in this Baker letter that we have to -discuss, There is nothing there to discuss, He talks about free sites, two of which we have excluded by our vote, Councilman Nichols: I see no reason to put off anything, The letter has served its purpose as far as Ism concerned, Mayor Snyder: We don't have the details of the report from the Recreation and Parks regarding their reasoning on their selection of sites, I think we should have that for our adjourned meeting next Monday night and discuss the sites at that time and then I think what we -need to do is go ahead and authorize the remaining appraisals after we pick the site, Councilman Jett: The property to the west, that. is some of the best remaining property in that area and I would submit to you You will not buy it for $10,000 an acre, The property to the south, this also goes up to the top of the hill and then goes over the hill which is flat and is very good land, It is over the hill from our wilderness park that exists now and would be away from it, There is an area we talked about originally which is to the southeasterly corner adjoining the property and this I think everyone of you should take a look at because there is land there that would actually lend itself to development as a wilderness park, IIthink we could acquire it for a reasonable price and I think it would be an asset to our City and I think it deserves a. lot of consideration, -29® C. C. 2/8/65 Page Thirty PROPOSED PARK SITES ESTIMATES - Continued: Mayor Snyder: We want the detailed report of the Parks and Recreation be •submitted to the Council next Monday night. The recommendation of the Parks and Recreation did not stipulate.that the remainder or the addition to Galster Park was to be exclusively wilderness park. This was also to fulfill a,lot of other park functions we don't have. We will take care of this at our adjourned meeting next week. STREET SWEEPER City Manager, Mr, Aiassa: A firm which handles street sweepers would like us to hold our opening of bids to May, 1965 because they will be in a position to bid because they now make three -wheel street sweepers but they will be making,four-wheel street sweepers by that time - request from them. Councilman Heath: I can't in my own mind imagine the need for a four-wheel sweeper. If any of you have seen these sweepers they are a short -end truck chassis with a brush in'the back and if there is any engineer that can tell me how you can sweep the inside of a cul-de-sac with the brush on the back of the machine I would like to know. Any of you who have driven a car knows the front end swings wider than the back and if you have a broom on the back of your car I would like to see you sweep the •gutters. The only need for a four-wheel sweeper is to be able to get from here to the Pickering Tract more quickly. If we are talking about one trip to the Pickering Tract a week and we are talking about a six -mile trip if you want to have the machine ride along,at five miles an hour versus 30 miles an hour that a four-wheel machine will do, we are talking about the possibility of 20 minutes each way per week. I have respect for the people on the staff who recommended this four-wheel sweeper but I would like to see an engineer tell me where the feasibility and practibility of this comes in. Mayor Snyder: I would suggest that the Council be furnished with Minutes of that meeting at which Mr. Dosh made his reports. I think there are several engineering items in there which substantiate this. City Manager, Mr. Aiassa: We are advising you we will hold off the bids until May. REVIEW BOARD MINUTES City Manager, Mr, Aiassa: We have the Review Board Minutes of January 25, 1965 Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, that the Review Board Minutes of January 25, 1965 be accepted. -30- Ca Ca ' 2/8/65 Page Thirty -One 0 . CITY CLERK APPLICATION OF FERRANTI'S ITALIAN DELI 8 RESTAURANT, 1541 WEST GARVEY, FOR ON -SALE BEER AND WINE LICENSE Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that no protest be voiced and that the report be accepted. APPLICATION FOR THE STEIN ROOM, 195 SOUTH GLENDORA SQUARE, FOR ON -SALE BEER LICENSE Change of ownership Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that no protest be voiced and that the report be accepted. LETTER REQUESTING ONE DAY AUCTION • OF FIXTURES - WALLY SACKIN COMPANY 126 SOUTH GLENDORA Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that permission be granted for a one -day auction to Wally Sackin Company, RESOLUTION NOa 3108 ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF WEST COVINA OPPOSING ASSEMBLY BILL -NO. 300 REGARDING BI®PARTISAN POLITICS IN LOCAL GOVERNMENT" (Councilman Nichols left the chambers for a few minutes.) 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 T"esolutidri.be adopted.. Motion passed on roll call as follows: Ayes:_ Councilmen Jett, Krieger, Heath, Mayor Snyder Noes: None .Absent:. Councilman Nichols Said resolution was given No. 3108. -31- 0 Ca Co 2/8/65 CITY CLERK - Continued INSURANCE CLAIM Page Thirty -Two City Clerk, Mr. Flotten: Council has copies of this letter from attorney Potter with respect to a traffic odcurrence in which Rose Bittera was injured, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the above mentioned claim be rejected and referred to the insurance carrier, (Councilman Nichols entered the chambers,)) CITY TREASURER None MAYOR'S REPORTS HEART FUND MONTH February, 1965 Mayor Snyder: NATIONAL SALESMEN'S WEEK February 14-20, 1965 Mayor Snyder: INTERNATIONAL TOASTMISTRESS WEEK February 21-27, 1965 If there are no objections, I will proclaim February, 1965 as Heart Fund Month,) (No objections voiced,)) So proclaimed,) If there are no objections, I will proclaim February 14-201, 1965 as National Salesmen's [meek in West Covina,) (No objections voiced,)) So proclaimed,) Mayor Snyder: If there are no objections, I will proclaim February 21-27, 1965 as International Toastmistress Week,) (No objections voiced,)) So proclaimed,) -3 2- Co C, 2/8/65 Page Thirty -Three MAYOR'S REPORTS - Continued • INDEPENDENT CITIES MEETING City Manager,.Mr, Aiassa: On February 17th, the Independent Cities of Los Angeles County will hold their meeting at the Rodger Young Auditorium, The Mayor is the representative, LEAGUE APPOINTMENTS City Manager, Mr, Aiassa: The annual appointments by the new League president has appointed Dr, Snyder on a Committee of the Revenues Aspect of the League, Mr, Sill has been appointed to the Committee on Law Enforcement Problems and I have been appointed on the Committee on Retirements, SISTER CITY ORGANIZATION Mayor Snyder: The Sister City Organization has invited a delegation of the Mayor and nine.or ten other people from Toluca and they are • coming in early April for three or four days, The Sister City Foundation is handling all the provisions for this visit; however, there will be some expected participation by the Council including, they hope to have a noon meeting at which we could possibly adjourn to on either Monday or Tuesday of that week at which we could give some sor_t.of recognition to the City of Toluca as an official Council, I also understand that a correspondence will be coming from the Sister City Foundation requesting we rename Center Street to "Toluca", SOUTHERN CALIFORNIA RAPID TRANSIT _,.Mayor ,Snyder.- We have a letter from Harry FbUll, the president of the Southern California.Rapid Transit District, stating he would like to be in touch with us in the next few days to talk to us about proposed legislation before we take any action for or against, FOOTHILL -FREEWAY ASSOCIATION Mayor.S-nyd er: 'We have another request to attend this Foothill Freeway Association meeting on February 24, and previously we decided not to ...but I am wondering.now whether we shouldn't appoint a representative to join this association. We may need their help some time on our own freeway association at such time one is formed, Councilman Nichols: I don't see what influence we could offer on any battle they might have relative to the Foothill Freeway or any influence they could exert on the freeway bisecting West Covina, m33® i 0 • Ca C, 2/8/65 FOOTHILL FREEWAY ASSOCIATION —Continued Page Thirty -Four Councilman Jett: It would put us in a position to get Minutes of all of their meetings and we would be abreast of all that is going ono Mayor Snyder: SIGN COMPANY INVITATION All right; I'll join:. Mayor Snyder: We had an invitation.from the man from the sign company to visit his factory, I don't particularly have any need or desire to go visit the sign factory but I wonder if the..Council would like to accept his offer, Councilman Nichols: I think it„would be a worthy trip but relative to priorities I would pass it by, Councilman Krieger: UPPER SAN GABRIEL VALLEY WATER DISTRICT MEETING Mayor Snyder: District on February 10, 1965 at 6:30, Councilman Krieger: Councilman Jett: CHAMBER RESOLUTION I will concur in that, There is a meeting of the Upper San Gabriel Municipal Water I can't make that meeting. I will be going to that, Mayor Snyder: We have a resolution from the Chamber of Commerce of Los Angeles regarding the State staying out of the power business, I ...don't know if I agree with them fully. My own recommendation is we don't take any action on this right now, Councilman Heath: At MUNICIPAL ISSUES Mayor Snyder: City Manager, Mr, Aiassa: The State can pump it cheaper by using nuclear power, We will have municipal issues in the 1965 session, The League is supposed to confirm a few major bills and I will have those for the City.Council on the 23rd, -34- i Co C, 2/8/65 MAYOR'S REPORTS - Continued 0 FLOOD CONTROL RESOLUTION Page Thirty -Five Mayor Snyder: We have a copy of a resolution regarding Chief Engineer Mark Salsbury who is a head of the Flood Control District and he is retiring: Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the City Clerk be authorized to write a resolution commending Mr, M, E, Salsbury for his services to the County and this community and his cooperation with the City of West Covina, NEXT ADJOURNED MEETING Mayor Snyder-, Next Monday night is the Victor Gruen report, I would like to add a study,session for that night to discuss the preliminary plans and discussion of the campaign on the bond issue, 0 , COUNCIL COMMITTEE REPORTS POLICE CADETS Councilman Nichols: Can you give us any information on the scheduling as to the selection of the police cadets, Mr, Aiassa? City Manager, Mr, Aiassa; No, but Mr, Weeks is supposed to have a full report for me this coming Thursday, You will receive copies, GALSTER PARK Mayor Snyder: Also at the adjourned meeting next Monday night I would ...:,like..to..-receive .this .report on the Galster Park sites, City Manager, Mr, Aiassa: All right, SIGNALIZATION AT ZODY'S - RALPH'S Councilman Heath: I would like to ask the Public Works Director about the status of the left -turn signal at Zody's and Ralphs', The money was supposed to have.been ready before Christmas, -3 5- • • I Co C, 2/8/65 SIGNALIZATION AT ZODY'S - RALPH''S m Continued Page Thirty -Six Public Services Director, Mr, Adams: This is the one that got involved with the State Division of Highways, SCHLANGER SIGN Councilman Heath: We have denied a variance to permit this sign on the Schlanger property and by the same token we have permitted an almost identical sign on the Alscot property for months and months and I think that in fairness to Schlanger it should be taken down or it could be used against us, Mayor Snyder: The Schlanger property didn't have a precise plan and the Alscot property does have a precise plan," City Clerk, Mr, Flotten: MR, WINDSOR'S TIME Councilman Heath: City Manager, Mr, Aiassa: PERSONNEL BOARD MEETING I will check on that for you, Tonight we were supposed to have an allocation of Mr. Windsor's time, He didn't complete that and I will hold it to the 15th, Councilman Heath: I attended the Personnel Board meeting' the' other night and noted in the discussion that.they had an applicant for a police .position.who.had many hours of work and so forth in Mount Sac in police work and he passed the examination with flying colors. However, when it got.to.his physical they found he had a bad back which he was born with. This disqualified him. The action taken was to permit this person to be. hired as a dispatcher. This looks.all well and good .but'I think we are not going quite far enough, The police work. in itself.is a hazardous job and there are policemen injured on the job and cannot go.back to the.actual police work, We have damages to ....pay;.we retire them at..a certain amount, et cetera, If we are going to havehandicapped people working for us they should -be people who have been handicapped in the line of service rather than bringing .in handicapped people to start with, City Manager, Mr, Aiassa: This matter is being referred to my office, -36- C� • f Cc Cc 218/65 Page Thirty -Seven PERSONNEL BOARD MEETING m Continued Mayor Snyder: Anybody who has any history of back trouble at all should not be on the Police force, I think, Councilman Heath, you have brought up a good point,, City Manager, Mr, Aiassa: DEMANDS I will take care of this, Motion by Councilman Krieger, seconded by Councilman Jett, to approve demands totalling $225,662,19 as listed on.demand sheets B186 through B188 and payrool register for February, 1965, This total includes fund transfers of $889658,30, Motion passed on roll call as follows. - Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None There being no further business, Motion by Councilman Jett, seconded by. Councilman Krieger, and carried, that this meeting be adjourned to February 15, 1965 at 7:30 P,M; The meeting adjourned at 10:30'.P,M, ATTEST: CITY CLERK APPROVED MAYOR ®37m