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03-08-1965 - Regular Meeting - Minutes�71 • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA March 8, 1965 The regular meeting of the City Council was called to order by Mayor Snyder at 7040 P.M. in the West Covina City Hall. Councilman Jett led the Pledge of Allegiance. The invocation was given by Rev. Robert Co Kliewer of the West Covina Brethren Church, ROT.T. rAT.i. Present: Mayor Snyder, Councilmen Jett, Krieger, Nichols, Heath Others Present: Mr. George Aiassa, City Manager Mr, Robert Flotten, City.Clerk & Admin. Assistant Mr. Harry Co Williams, City Attorney Mr. John Q. Adams, Public Services Director Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES February 15, 1965 - Approved as submitted as follows: Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes of February 15, 1965 be approved as submitted. CITY CLERK'S REPORTS PROJECTS. P. 6501 Accept Sidewalk Improvements Louis So Lopez, Contractor APPROVED LOCATIONS: Vine Avenue, Merced Avenue, Orange Avenue and other streets in 1.964-65 priority side- walk improvements. Authorize release of the Ohio Casualty Insurance Company bond No, 1171564 in the amount of $38,602.45, Authorize $3,415.13 addition to contract. Inspector's final report filed. Staff recommends approval. Motion by Councilman Heath, seconded by Councilman Krieger, and car- ried, to accept the sidewalk improvements in Project So Po 6501 and authorize release of the Ohio Casualty Insurance Company Bond No. 1171564 in the amount of $38,602.45 and authorize $3,415.13 addition to contract. PROJECTS To S, 6532 & To So 6533 LOCATION: North Vincent Avenue Traffic Signal Improvement at Workman & Puente. APPROVED Review Engineer's report. Authorize Engineer to proceed with projects. Estimated cost - $26,OOO.00. Unbudgeted item. Traffic Safety Fund available. Staff recommends authorization, -1- 00 r� U r C, Co 3/8/65 Page Two PROJECTS T0S06532,6- T,S,6533 - Continued Motion by Councilman Krieger 9 seconded'by Councilman Jett, and carried, to authorize the engineer to proceed with Projects T,S06532 and. T,S065330 ENGINEERING SERVICES AGREEMENT Review Engineer's report and L,A0 COUNTY FLOOD CONTROL agreements,, Authorize Mayor DISTRICT BOND ISSUE PROGRAM 1964 and City Clerk to execute APPROVED agreements for Engineering services to design certain projects allotted to West Covina in L. A. County Flood Control District Bond Issue 1964 Program, Staff recommends approval. Motion by Councilman Heath, seconded by -Councilman Krieger.,, and carried, to authorize the Mayor and the City Clerk to execute agreements as revised by the City Attorney for engineering services to design certain projects allotted to West Covina in Los Angeles County Flood Control District Bond Issue 1964 Program, RESOLUTION N0, 3116 ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY.. -COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THIS AGREEMENT WITH THE COUNTY FLOOD CONTROL DISTRICT" 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, 31166 REIMBURSEMENT AGREEMENT N0, 44 LOCATION: In Nogales Street, SANITARY SEWER thence southerly under TRACT NO, 28629 Valley Boulevard and Hopen, Hedlund 6 Darby, Inc. the Southern Pacific APPROVED- Railroad, • Review Engineer's report, Approve Reimbursement Agreement No, 44 for construction of off -site sanitary sewer to County Tract No, 26829, Staff recommends approval, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to approve Reimbursement Agreement 'No,, 44 for construction of off -site sanitary sewer to County Tract No, 28629, - 2 a- • • • C,, C 3/8/65 CITY CLERK°S.REPORTS - Continued SANITARY SEWER DISTRICT A'I1-61-2 REQUEST FOR EXTENSION APPROVED Page Three LOCATION° Barranca, Virginia and other streets and rights of way,, Beecher Construction Company and Jack E. Collins, a joint venture, request'a thirty -day construction time extension,, Review Engineer's report,, . Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Beecher Construction Company and Jack E. Collins, a joint venture, be granted a 30-day construction time extension,, RESOLUTION NO,, 3117 District No,, 22 of L.A. County ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING ITS CONSENT TO THE ANNEXATION OF PORTIONS OF SAID CITY TO COUNTY SANITATION DISTRICT NO,, 22 OF LOS ANGELES COUNTY" 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,, 3117 RESOLUTION NO, 3118 The City Clerk presented: Le A.D. 65-66 ."A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ORDERING THE CITY ENGINEER TO PREPARE AN ASSESSMENT DIAGRAM, PLANS, SPECIFICATIONS, ESTIMATE AND REPORT FOR LIGHTING DISTRICT NO,, LAD 65-66 PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 19 STREETS AND HIGHWAYS CODE STREET LIGHTING ACT OF 1919 AS AMENDED FOR THE INSTALLATION, FURNISHING OF ELECTRIC CURRENT AND MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND APPLIANCES IN SAID CITY FOR THE PERIOD JULY 19 1965 TO JUNE 309 196611 Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution,, -3- 0 40 • • Ca C, 3/8/65 Page Four RESOLUTION NO, 3118 ® Continued Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No, 3118, RESOLUTION NO, 3119 Precise Plan No, 444 ADOPTED Mayor Snyder: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO, 444 IN SAID CITY" 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, 3119, City Attorney, Mr, Williams: I don't think this action is necessary by the Council, I have never seen another city accept a bond by resolution, If it complies the staff looks at it and accepts it with no action from the Council, Mayor Snyder: City Manager, Mr, Aiassa: Do you have the administrative procedure to do this without putting it on the agenda? Yes, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the staff be authorized to accept bonds when they comply with the specifications or the requirements and that they submit memorandums to the Council that the bond has been accepted, RESOLUTION NO, 3120 Precise.Plan No, 444 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" (PP 444) Hearing no objections, we will waive further reading of the body of the resolution, • Co C, 3/8/65 RESOLUTION NO, 3120 - Continued Page Five Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows.- Ayes.- Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes; None Absent: None Said resolution was given No, 3120, RESOLUTION NO, 3121 M & D Sub;,; No. 135-230 ADOPTED Mayor Snyder-, The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING.A FINAL SUBDIVISION MAP OF METES AND BOUNDS SUBDIVISION NO. 135-230" 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, 3120, CALIFORNIA PEACE OFFICERS TRAINING FUND REIMBURSEMENT City Manager, Mr, Aiassa: Mayor Snyder, SCHEDULED MATTERS 'BIDS e� PROJECT S.P,6322 STREET IMPROVEMENT I have a check of reimbursement from the California Peace Officers Training Fund. We received $4, 200. 70 bauK. Fine, LOCATION.- Citrus Street from Cortez Street to 600 feet northerly. Bids received in office of City Clerk, 10.00 A,M,, March 3, 1965, The bids received are as follows: -5- • • Co Co 3/8/65 PROJECT SmPo6322 m Continued SULLY -MILLER 10% bid bond $149195,07 JASPER No HALEY 10% bid bond 15,657,50 W, R, WILKINSON CO, 10% bid bond 161P487,70 REX W, MURPHY 10% bid bond 19,519,75 LARJO CO, 10% bid bond 210904.75 Page Six Correction $14,196,21 Motion by Councilman Krieger, seconded by Councilman Heath, that the contract for Project S,P,6322 be awarded to Sully -Miller Contracting Company on the basis of their low bid for a total estimated amount of $1.4,196,21 and that the transfer of funds as indicated be approved; further that the Mayor and City Clerk be authorized to execute the agreement, Motion passed on roll call as follows- Ayes-, Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes.- None Absent-, None PROJECT S,P,6515 LOCATION.- Azusa Canyon Road from STREET IMPROVEMENT 422,041 northerly of San Bernardino Road to southerly R/W line of Pacific Electric Railroad R/W, Bids received in office of City Clerk, 10:00 A.M., March 3, 1965, The bids received are as follows: W, R, WILKINSON CO, 10% bid bond $5,676,96 JASPER N. HALEY 10% bid bond 5,940,06 SULLY®MILLER 10% bid bond 69405.32 D 8 W PAVING 10% bid bond 69582,48 CROWELL 8 LARSON 10% bid bond 69617.78 GRIFFITY COMPANY 10% bid bond 6014,18 D, C, MURALT COMPANY 10% bid bond 79556,65 E, C, CONSTRUCTION CO, 10% bid bond 79893,75 REX W, MURPHY 10% bid bond 8064,20 Motion by Councilman Krieger, seconded by Councilman Heath, that the contract for the combined City Projects S,P,6515 and PP 437 be awarded to the W. R. Wilkinson Company, Inc, on the basis of their low bid for a total estimated amount of $59676.96 and that the Mayor and the City Clerk be authorized to execute the agreement, Motion passed on roll call as follows - Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes- None Absent- None PROJECTS T,S,64.42, T,S,6427, LOCATIONS-, Sunset Avenue and T,S,6428 AND C®i73-1 Puente Avenue; Azusa TRAFFIC SIGNAL IMPROVEMENT Avenue and Vine Avenue; Azusa Avenue and Merced Avenue; Azusa Canyon Road and San Bernardino Road, and coordinated units, 8M. C, Co 3/8/65 PROJECTS T,S,6442, T.S,6427, T.S,6428 8 C-173-1 m Continued Page Seven • Bids received in office of City Clerk, 10:00 A,M,, March 3, 1965. The bids received are as follows. - GENERAL MAINTENANCE 10% bid bond $379011.12 WESTATES ELECTRICAL CONSTR. 10% bid bond 409834.00 C. D, DRAUCKER 10% bid bond 489938,00 STEINY AND MITCHEL 10% bid bond 499332,00 PAUL GARDNER CORP, 10% bid bond 50,435,00 C, T, 8 F,, INC, 10% bid bond 50,532.00 SHERWIN ELECTRIC SERVICE 10% bid bond 51,582,00 ELECTRIC AND MACHINERY SERVICE 10% bid bond 51,984,00 FISCHBACH AND MOORE 10% bid. bond 55,053.00 ELECTRO CONSTRUCTION CORP, 10% bid bond 57,055.00 City Clerk, Mr. Flotten: It is the recommendation that the bids be rejected and that the bids be returned and that the City Engineer be authorized to again call for bids on the above projects subject to the information reflected in the report. Councilman Heath: If I read the report correctly there are two companies that carve in low due to the fact that they did not have the material or made a mistake, The rest of the bids were within 5% of the estimate of the . City Engineer. Since they are this close to the City Engineer's estimated cost I feel to go out and ask for rebids on this is not fair to the people who passed in a legitimate bid, What we have here before us now is the best estimate that we can get from each one of these companies and to the companies who submitted a legitimate bid and a good bid we would be doing nothing more than exposing their best price in the form of an estimate and give everybody else a chance to shoot at it, I don't think this is fair,I think the first two bids should be rejected and we should go ahead and take the next lowest bid which was the first complete bid and award the contract to that company, Councilman Krieger; Does this raise any legal problem if the procedure of the Staff were followed? City Attorney, Mr. Williams: There is no legal problem, The two incorrect bidders have withdrawn their bids. If they left their bid in there would be a problem, Councilman Krieger- I was struck, Mr. Heath, actually with the same point until reading the report, I notice that the basis of the staff's position seems to be that the low bids that were submitted incomplete were still with the estimated cost of the street construction which was left out of • their bids less than the third lowest bidder which means that competitively speaking the others still would have been out of the picture, Public Services Director: To change the scope of work we could add the two new signals which were approved tonight and this would make a considerable change in the package when it did go out for rebidding, Councilman Nichols: I would go along with that, 7 Co CQ ' 3l8l65 Page Eight PROJECTS T.S.6442, T.S.6427g T.S.6428 & C-173®1 - Continued • City Attorney, Mr. Williams: There is a question as to whether one of these people ever received an addendum. If there is a question where you make a change after you have advertised you may get into a legal question as to whether they all got the same thing and bid on the same thing. Councilman Heath: I would like to know a legitimate reason why we could reject all bids, a satisfactory explanation when the two lowest bidders didn't send in a complete bid. I can't see how we are morally right in rejecting all the rest of the bids put in in good faith,, City Attorney, Mr. Williams: I won't talk morals with you but if the part that they did bid on was the major part of the project and these people were $7,000 lower than the next bidder and the thing they omitted only cost $600 at the highest bid then it would look like the City might save money if they started over. Councilman Heath: I think Mr. Adams' suggestion is a good one that we reject all bids and add to the project the two traffic signals which were approved tonight. • Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to reject all bids for Projects T.S.6442, T.S.6427, T.S.6428 and C-173®1 and re -advertise these items with the addition of the two traffic signals which were approved tonight. 'HEARINGS ZONE CHANGE N0, C.H. Beattie & APPROVED and PRECISE PLAN NO, C.H. Beattie & 335 Mariette B. Miller 260 (Rev. 1) Mariette B. Miller LOCATION: West side of Azusa Avenue, 460 feet south of Rowland between Rowland Avenue and Workman Avenue, APPROVED Request to reclassify from. Zone R®3 to Zone C®1 approved by Planning Commission Resolution No. 1755; and request for approval of Precise Plan approved by Planning Commission Resolution No, 1759,, City Clerk, Mr. Flotten: (Read Planning Commission Resolutions No. 1755 and 1759.) Councilman Heath: I called, up the precise plan for the purpose of reviewing the • setback of the buildings..,' I have a copy of the Minutes where the previous Council established the policy on setback within this block. I would call it to the attention of the Council at this time not for the point of debate but to make the Council aware that this policy has been established. I would say the policy of the previous Council has been that setbacks along Azusa Avenue between the freeway and Rowland Avenue have originally been established at 50 feet but when the Royal Coachman was approved a modification of that was permitted to 38 feet with the understanding that in the future `all developments along this street would be set back 38 feet. -8- C, C,, ' 3/8/65 ZONE CHANGE NO. 335 6 PRECISE PLAN NO,, 260(1) - Continued . Mayor Snyder: 'IN FAVOR Page Nine This is the time and place for the public hearing,, Mr,, C. H. Beattie, Jr,, I represent the owners of the 1750 East Rowland Avenue property,, To support our zone West Covina change application at the Planning Commission we made the following points: If the Council in 1955 had the facts as they exist in 1965 we would have been granted C-1 zoning on this property at that time,, A staff report dated January 12, 1955 referring to our property stated: "The City Council has processed a reclassification on a parcel lying on the northeast corner of Azusa and Workman,, If the City Council feels that this latter parcel should be zoned in its entirety for commercial use then there is no justification for denying a like proposal on the subject parcel," That parcel now consists of a Richfield Service Station, Denny's Coffee Shop and other C-1 or higher uses by zoning, variance, or use permit,, The City Director ten years later favors the approval of this request. This property zoned R-3 is a classic example of spot zoning,, All the other property is C-1 or higher use,, We would like to have extended to us the same privileges and advantages of zoning that has already been granted by the City to our neighbors both north and south,, This R-3 buffer zone of 1955 in 1965 has nothing to buffer. There is C®1 on both sides. The granting of this zone change request conforms to the General Plan which designates C-1 or highway commercial for the entire frontage on Azusa Avenue,, Our precise plan shows a proposed restaurant designed by the architectural firm of Armet and Davis, (Presented photograph and, explained same,) We think the restaurant will be an asset to Azusa Avenue from an appearance stand- point. I talked to Mr. Joseph prior to the Planning Commission hearing regarding the setback and he stated that there was no ordinance in the City stipulating the setback for anything being developed along Azusa Avenue,, As I remember, the Royal Coachman hearing wasn't settled in the Council chambers; it was settled out in the hall,, Mr. Zugg and Mr. Scott went out in the hall and.resolved their differences in regard to the setback, Am I correct in that statement? Councilman Heath: I believe you are partly right in that; however, the final. decision was made in the chamber,, Mayor Snyder: Mayor Barnes also says that the matter of setback was to be made part of the record, Councilman Heath: There is an ordinance which states the minimum amount of setback but the Council can make any setback beyond that that they determine. I was stating before a policy made by previous Councils as to the setback, 11RIM Co C, 318/65 ZONE CHANGE NO, 335 8 PRECISE PLAN NO, 260(1) - Continued • Mayor Snyder: Page Ten Is there any problem in your precise plan conforming with the 38®foot setback requirement? Mr, Co H. Beattie: There is a requirement in the lease, I was in favor of having it back further but the restaurant people want it up as close to the property line as possible, There being no further public testimony, the hearing was closed, Mayor Snyder: Councilman Heath: Planning Director, Mr, Joseph, Mayor Snyder: Were we to grant this to them it gives them an unfair advantage over their competitors, How far back does this C zoning go? The same depth as the C zoning to the north? Yes, It is about 350 feet,, Was the Planning Commission aware of our policy on setback? . Planning Director, Mr,,.Joseph: No., they were not, I didn't bring it to their attention because it wasn't on my mind, Neither was it when I talked to Mr, Beattie, Councilman Heath: Did you give a statement in the last Council meeting when I brought this up that you had advised the Planning Commission of the policy concerning setback but they evidently did not record this in their mind? Planning Director, Mr, Joseph: I said that we discussed setbacks_ on the street and what the other setbacks were and some of the past history of setbacks but I didn't bring to the attention of the Planning Commission the fact that the City Council had expressed its policy, Mayor Snyder: It seems to me we asked the Royal Coachman to do this, They wanted to come closer to the street, too, Councilman Jett: If I remember correctly I was opposed to that setback and voted against it. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, • that Zone Change No, 335 be approved, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that Precise Plan of Design No, 260, Revision 1, be approved subject to the recommendations of the Planning Commission and in addition that the minimum setback be established at 38 feet, (Councilman Jett voted "No",) ®10m M u • Co C, ' 3/8/65 Page Eleven ZONE CHANGE NO,, 335 6 PRECISE PLAN NO,, 260(1) m Continued Planning Director, Mr,, Joseph.- Am I to assume when someone comes in asking questions regarding development on North Azusa Avenue the City Council is going to require a minimum of a 38afoot building setback on Azusa Avenue? I wonder if the Council would clarify how far up the street, both sides of the street, just where the Council will ask for the setback. Mayor Snyder: I think the Planning Commission had better review this policy and come back with a recommendation where it should goo Councilman Heath: The setback would apply from the freeway to Rowland Avenue on both sides of the street and I believe this is in the record somewhere,, Mayor Snyder: If it is not found in the records where the .limits are you should come back with a recommendation to finalize this policy,, REQUEST TO CHANGE NAME OF STREET LOCATION: Center Street from Center Street to Toluca Street California to Vincent,, Review Engineer's report,, Mayor Snyder: It is my recollection that the Sister City Committee did not specifically ask for Center Street,, This was merely thrown out as one possibility and we selected it,, If this testimony proves it is not too good there is no reason why we can't pick some other street,, City Clerk, Mr,, Flotten: (Read memo re this matter dated March 4, 1965,,) Mayor Snyder: This is the time and place for the public hearing,, IN FAVOR Mr,, William Beem: I am from the Sister City Foundation and I think the only concern that we can see at the moment is the fact that the Union Oil Station is the only address on Center Street right now. Being that it is one of the main streets in the middle of our shopping area I think it certainly tends to give our sister city quite a nice impression of what we think of our relationship between ourselves and our sister city,, This is to benefit the entire city. It is not imperative, not a necessity to name a street to start with but if we do I think it would be very nice to name one that is right down in the middle of our town,, There being no further public testimony, the hearing was closed,, City Attorney, Mr, Williams: This is from California to State Street in the records,, • Co Co 3/8/65 Page Twelve REQUEST TO CHANGE NAME OF STREET (CENTER TO .TOLUCA) 'C`6h!t'i'naed Mayor Snyder: Perchance should.Center Street go on west of California Avenue straight and also through the old center, would that also become Toluca and if so it will probably be the main thoroughfare through the Plaza and central business district. If so, do we want that to be called Toluca Street or would it be better to be called Center Street? Councilman Nichols: I have no objection to renaming a street in West Covina after our sister city Toluca but I am very reticent to rename a street which I believe time is going to prove one of the major and commercial business streets in our City as Toluca because it will be a City identification,, Also, it is a street name that there.is.some question on the .pronunciation of it and I believe when we are talking about our prime commercial streets we should have street names that are easy to pronounce and easily recognizable by all possible users of this street,, I would oppose the renaming of Center Street but only this particular street. I would be receptive to a renaming of another street in our City,, Mayor Snyder: I think it is only fitting that it be one of.the downtown streets of our City,, "Toluca" means shopping center,, Councilman Heath: I have no objection to changing the name of this street,, I do feel this should be an important street and not one stuck away back in the corner somewhere because we are advertising our sister city program and our relationship with our sister city,, RESOLUTION N0,, 3122 Toluca Boulevard ADOPTED Mayor Snyder: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CHANGING THE NAME OF CENTER STREET TO TOLUCA BOULEVARD 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, Heath, Mayor Snyder Noes: Councilmen Krieger, Nichols Absent: None Said resolution was given No,, 3122,, Mayor Snyder: Can we amend the resolution instead of "Toluca Street" to make it an avenue or a boulevard? City Attorney, Mr,, Williams: Yes,, We can change the resolution,, ®12® ,r Ca C, 3/8%65 Page Thirteen REQUEST TO CHANGE.NAME OF STREET (CENTER TO TOLUCA) ® Continued Motion by Councilman Heath, seconded by Councilman Jett., and carried, that Resolution No, 3122 be amended to read "Toluca Boulevard" instead of "Toluca Street", SISTER CITY VISITATION Mr, William Beem: What we are trying to do is get an approval to put up banners, (Presented rendering and explained same,) This expense is coming out of this Sister City Foundation treasury plus whatever we can get from any of the associations and merchants in the area, We need approval of this as it stands. The company that would put these up and take them down has done this for years, We want 33 of them in the area. We would like our decorations up for ten days, Mr, Joseph made a statement something about seven days, Mayor Snyder: Does the staff wish to review this first? City Manager, Mr, Aiassa° I think it would be advisable, • Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that the request by the Sister City Foundation for the display of banners and bunting for strategic locations in the community be approved by this Council subject to the Sister City Foundation working out their precise proposals in agreement with the staff; that this decoration be allowed for seven days, Mayor Snyder: There is a suggestion that the City present to the public officials from Toluca a silver Paul Revere Bowl which somebody is willing to provide at the cost of $30,00, Do you have any information on this? City Manager, Mr, Aiassa: No, I don't, Mayor Snyder: I will get them to make a formal request, AWARD PRESENTATION Mayor Snyder: We have two resolutions for Officer Dersi and Officer Bateman who were involved in the chase and who were injured approximately a month ago, Will you gentlemen step forward and receive these awards? Ronald J. Diersi9 we have a resolution for you for your outstanding service to the City of West Covina, Officer Diersi:. Thank you, -13- • Co Co 3/8/65 Page Fourteen 'AWARD PRESENTATION Continued Mayor Snyder: Officer Bateman, we have a resolution for you for your outstanding service to the City of West Covina,, Officer Bateman: CITY CLERK REFERENDUM REPORT City Clerk, Mr,, Flotten: Thank you very much,, (Read report re this matter,,) Mayor Snyder: I believe we have two alternatives,, .One is to rescind the ordinance. Secondly, to put this. on the ballot within what length of time? City Attorney, Mr,, Williams: I think it is within 40 to 75 days you should call election to put it on the ballot. Actually there is no particular deadline. You are not required to do it within any particular time,, This is just a general election provision,, The ordinance simply is suspended unless you put it on the ballot and those voting on the matter vote a majority for it. Until then the effect of a referendum is to suspend the effectiveness of the ordinance,, You can wait as long as you want,, The ordinance just doesn't go into effect,, Councilman Nichols - On rescinding the ordinance it is simply a majority vote of the Council to rescind a given ordinance? City Attorney, Mr,, Williams- It is done by ordinance. You adopt an ordinance rescinding the ordinance passed before. In case that is the procedure you wish to follow I have an ordinance here that would rescind the other ordinance,, Mayor Snyder- Have you inspected the wording of this petition and is it legal and in conformity with the ordinance? City Attorney, Mr,, Williams; I have inspected it and it appears to be in order,, Councilman Krieger- If I might address myself to this particular matter, recognizing the alternatives that are before the Council, it is difficult to state in summary form my feelings about the referendum. I would prefer to discuss and hold the discussion to the merits of the matter,, I would urge the Council on this matter of the R-2 zoning for the Home Savings and Loan Annexation 158 which consists of approximately 114 acres to repeal the ordinance and going a step further I would encourage this Council to take the immediate next step of introdubing and adopting a.subsequent ordinance approving R-2 zoning for the first phase of the first increment which consists of 40 acres and I would suggest to the Council that this would serve the ultimate benefits of our City and would at the same time give -14- C, Co 3/8/65 Page Fifteen REFERENDUM REPORT - Continued • the applicant a zoning for that portion of the development which presently has the approval for a precise plan and a variance and would allow this Council in its good judgement to evaluate the final product of the applicant as soon as those initial 40 acres are fully developed in accordance with its variance and precise plan. Councilman Heath: I think I follow your reasoning and I think it is a good suggestion on your part. IT light of what the City Attorney has just stated would you feel that we could sort of reverse this procedure and accept an ordinance for this small portion of the tract and hold the other ordinance in abeyance until after this first one is adopted and if after the first one is adopted rescind the present ordinance? Councilman Krieger: I am afraid that the City Attorney would be in a much better position to answer that specific question than I would, I would have views on it as a Councilman but I suppose the suggestion more nearly is a question for the City Attorney, City Attorney, Mr, Williams: I am inclined to think that you have to repeal if you are going to adopt an ordinance zoning some portion of the property that was included in this proceeding that you have to keep the proceeding open, A zoning proceeding is open until you have either rezoned the property or you have adopted a resolution rejecting the application, To keep this open I think you must repeal the ordinance that has been referendumed. At this stage there is no decision one way or the other, You may then deny it all or adopt an ordinance which is substantially different than the one which was referendumed, You may not adopt an ordinance which is substantially the same as the one which was referendumed, To keep this proceeding open without having to start over again I think you do have to do it in that order, Councilman Nichols: On the adoption of a new ordinance to zone a portion of land for a particular use, doesn't this require a public hearing and all of the procedures? City Attorney, Mr, Williams: That proceeding which you have held and on which you have had public hearings remains open for your disposition and is not disposed of until an ordinance goes into effect making the zoning effective or until you adopt a resolution rejecting it, If you repeal this before it goes into effect the matter is still pending before you, The suggestion Mr, Krieger made is to adopt an ordinance that would have the effect of zoning approximately a third of it and in that same ordinance denying the rest, This disposes of that proceeding. It does not dispose of an effort to bring another proceeding and hold other hearings on the remainder of it, • Councilman Nichols: The implications of this are something I could probably talk for quite some time without any difficulty at all and I don't see any point in that this issue is known to all involved. I could support Council action to place this matter on the ballot and allow the voters to determine it. I certainly can and will support a Council motion to rescind the zoning but I believe the intent of the referendum was to prevent that particular type of development in all of those 114 -15- • • �J C, C, 318165 Page Sixteen REFERENDUM REPORT ® Continued acres and I could not, of course, change the position that I have held consistently from the beginning to zone a portion of that for that use, Councilman Jett: What you are saying here is that we would now only zone the portion of the land on which we approved the precise plan and repeal the rest? Councilman Krieger: I am suggesting that such action by this.Council would be entirely consistent with the position that the majority of this Council took on the precise plan and the variance, Councilman Krieger: I would request at this time that the City Attorney read the proposed ordinance repealing this matter, ORDINANCE INTRODUCTION Repealing Ordinance No. 900 City Attorney, Mr, Williams: The City Attorney presented: 'PAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING ORDINANCE NO. 900" (Read said ordinance in full,) Motion by Councilman Krieger, seconded by Councilman Jett, that said ordinance be introduced, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath Noes: Mayor Snyder Absent: None Councilman Krieger: Mr, Williams, have you prepared in draft form an ordinance which would have the effect of rezoning the first phase of the first increment? City Attorney, Mr. Williams: Councilman Krieger: City Attorney, Mr, Williams: ORDINANCE INTRODUCTION Zone Change No. 319 Home Savings & Loan Association Yes, The effect of this is to deny the zone change on the balance thereof? Yes, The 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 A PORTION OF CERTAIN PREMISES" (ZC 319, Home Savings and Loan Association,) Mayor Snyder: Would it be advantageous to include in that the zoning in back of the commercial? This is necessary to the golf course, -16® Co C, 3/8/65 REFERENDUM REPORT - Continued • City Attorney, Mr, Williams: application and you might as well zone going to do that, Councilman Jett: Page Seventeen I think you would have to more than the part included in this it all at once if you are I didn't think the R-1 was included in this first increment, City Attorney, Mr, Williams: There was a little bit, I think there would be no problem, You would have to rezone more than that little bit to get a golf course so there is not any particular thing to be gained by rezoning that little piece of it without rezoning all that would be changed from M to R. Councilman Nichols: Is it your opinion that this action of the Council is sub- stantially a different action than the zoning of the 114 acres and thus is absolutely legal in relation to the submission of the referendum petition? City Attorney, Mr, Williams: Yes, The Election Code says the same ordinance shall not be adopted for a year. The courts say it shall not accomplish the • same thing as the other ordinance would have accomplished, I think zoning 40 acres is not the same thing as zoning 114 acres, 0 Councilman Nichols: Is there any judicial precedent? City Attorney, Mr, Williams: There is none that I have found exactly on this point of quantity of zoning by an appeal at court. I know of some cases in Superior Court that have gone both ways on this, A number of Superior Court cases have been upheld. One was in Irwindale where a very minute change was made in the ordinance and they upheld the second ordinance, Motion by Councilman Krieger, seconded by Councilman Jett, to waive further reading of the body of the - '^n,_ (Councilman Nichols voted "No".) © R fl ,C Councilman Krieger: City Attorney, Mr, Williams: Councilman Nichols: Doesn't one Councilman have the right to request the reading of the entire body of the ordinance? The waiving of the reading has to be by a unanimous vote, I will withdraw my "No" vote, Motion by Councilman Krieger, seconded by Councilman Jett, and carried that said ordinance be introduced, (Councilman Nichols voted "No",) , City Attorney, Mr, Williams: Both of these will have to come for passage, -17- C. C, 3/8/65 • CITY ATTORNEY • ORDINANCE NO, 909 Annexation District No, 188 ADOPTED Page Eighteen The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE ANNEXATION TO AND INCORPORATING IN AND MAKING A PART OF SAID CITY OF WEST COVINA CERTAIN UNINHABITED TERRITORY OUTSIDE THE SAID CITY AND CONTIGUOUS THERETO KNOWN AS SOUTHERLY ANNEXATION DISTRICT NO, 188" 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 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, 909, ORDINANCE N0, 910 The City Attorney presented: Temporary Uses "AN ORDINANCE OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO TEMPORARY USES" Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, 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, 910, ORDINANCE N0, 911 The City Attorney presented: Amending Section 3167 "AN ORDINANCE OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA AMENDING SECTION 3167 OF THE WEST COVINA MUNICIPAL CODE" Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance, ME • is Co Co 3/8/65 ORDINANCE NOo 911 - Continued Page Nineteen 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, Mayor Snyder Noes: None Absent: None Said ordinance was given No. 9110 (Councilman Nichols stepped out of the room for a few minutes.) ORDINANCE NOo 912 Special Election May 11, 1965 ADOPTED The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE IN SAID CITY ON MAY 119 1965 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY PROPOSITIONS TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR CERTAIN MUNICIPAL IMPROVEMENTS" 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, Heath, Mayor Snyder Noes: None Absent: Councilman Nichols Said ordinance was given No. 912. RESOLUTION NO, 3123 Written Arguments ADOPTED Mayor Snyder: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS FOR CITY MEASURES" Hearing no objections, we will waive further reading of the body of the resolution® -19- Co Co 3/8/65 Page Twenty RESOLUTION NO,, 3123 - Continued • Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Heath, Mayor Snyder Noes: None Absent: Councilman Nichols Said resolution was given No,, 3123, City Clerk, Mr, Flotten: April 2nd is the deadline for filing arguments,, ORDINANCE INTRODUCTION The City Attorney presented: Zone Change No. 334 - Smith "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 334, Smith) City Attorney, Mr,, Williams: This would change the property to C-3 in accordance with the hearing you had at your last meeting,, Mr,, August Goebel: I have submitted a written com- munication requesting time to ..speak to this matter and I feel if you deny me the opportunity to address you purely on a procedural matter -- Mayor Snyder: This is the introduction of the ordinance. It still takes a second reading so your arguments will be just as timely later as they are now,, Councilman Heath: I believe from the letter there was other than procedural objections and the Council ruled last meeting where they read this letter that additional evidence could not be submitted,, City Attorney, Mr,, Williams: You can't listen to evidence relating to the zoning,, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of this ordinance,, Councilman Heath: I will introduce the ordinance, Councilman Krieger: I would like to make one state- ment for the record on this • introduction, I was one of the three Councilmen that voted "Aye" .on this zone change, In fairness to the applicant as well as to my fellow Councilmen I think I should state for the record that I am seriously reconsidering this matter from the standpoint of our General Plan and our present uses along Azusa Avenue and my feeling that rather than establish a base, in effect we are establishing a ceiling which will become a pattern for future development as far as zoning is concerned along Azusa Avenue, I appreciate that this is not the time or the place to go into detailed discussion as -to this matter but in explanation of my failure to second the introduction I did want to make that statement for the record, -20- C.C. ' 3/816S Page Twenty -One 'ORDINANCE'INTRODUCTION 'Continued • Mayor Snyder: I might point out that should you change your vote to not approve C-3 that there is an alternative I believe of introducing an ordinance for C-2. 0 • City Attorney, Mr. Williams: Planning Director, Mr,, Joseph: I am not certain of that. Does Cm3 include all C-2 uses? Yes. City Attorney, Mr. Williams: Then that would be true, You could introduce or adopt an ordinance so long as it does not include any uses that the one asked for doesn't include. Councilman Heath: Planning Director, Mr. Joseph: ORDINANCE INTRODUCTION Relating to Signs Does Cm2 include a car wash? No. The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF THE ZONING CHAPTER OF THE WEST COVINA MUNICIPAL CODE RELATING TO SIGNS" 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 The City Attorney presented: Relating to Signs "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF CHAPTER 4 OF ARTICLE 8 RELATING TO SIGNS" Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that said ordinance be introduced. (Councilman Nichols entered the Council chambers.) -21- C,, Co 3/8/65 CITY ATTORNEY - Continued • ORDINANCE INTRODUCTION Fortune.Telling 40 Page Twenty -Two The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE TO PROHIBIT FORTUNE TELLING, PALMISTRY AND SIMILAR PRACTICES" 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, .and carried, that said ordinance be introduced,, RESOLUTION NO. 3124 Rapid -Transit District ADOPTED The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA IN THE MATTER OF RATIFICATION OF AN AGREEMENT BETWEEN THE DEPARTMENT OF PUBLIC WORKS AND THE STATE OF CALIFORNIA AND THE COUNTIES OF LOS ANGELESS ORANGE, SAN BERNARDIN09 RIVERSIDE, VENTURA, SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICTS RATIFYING CITIES, ET AL,," City Attorney, Mr,, Williams: This would approve an agreement which makes this City eligible for State and Federal planning Funds,, You have to have a metropolitan - wide planning agency now to be eligible,, We held this up about two or three months ago on the ground it appeared to conflict with what the League was doing here called SCAG. Those differences have now been worked out. SCAG has approved the agreement and so has the League recommending that the City sign it with the thought that if SCAG is for them SCAG will then step into the picture instead of each individual city being contractor the same as ABAG in the San Francisco Bay area,, There is approval by the League and the SCAG committee,, 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,, 3124. EL MONTE AIRPORT City Attorney, Mr, Williams: For some reason a letter was addressed to me by Mr,, Henry Shatford representing the San Gabriel Airport Association asking that -22- C. Co ' 3/8/65 EL MONTE AIRPORT ® Continued Page Twenty -Three . this City request the County of Los Angeles to do two things; first, to lease the present El Monte Airport to keep it intact; and secondly, to find a means of acquiring it with public funds and making it a public airport. Mayor Snyder - City Manager, Mr, Aiassa- supporting the E1 Monte Airport, Councilman Krieger., Haven't the Board already taken steps on this? I think this is just to support the action of other cities I think we discussed this three or four weeks ago and decided not to take any action on it, Mayor Snyder- Since that time there has been action on it, The Chamber has a resolution approving this, I would like steps taken along the same lines the Chamber of Commerce has taken, City Attorney, Mr, Williams - Mayor Snyder - 'CITY MANAGER REPORTS TELEPHONE ISSUE City Attorney, Mr, Williams - expert counsel to handle this matter? thinking is on this, Councilman Jett: Mayor Snyder - I think you can hold it over and perhaps you want to rewrite it, We will hold this over, Is it the thought of the Council that we are to try to find P,U,C. I am not certain what the I have had some second thoughts since I read your letter, I think what we meant if you could find one reasonably, City Attorney, Mr, Williams- You can't, If you are going to go into this you need an expert P,U,C, man, It would cost plenty. He would hire a rate expert And not go in by himself, I don't know exactly where we stand, Mayor Snyder- The reason I ask is perhaps if • we knew the cost the Plaza merchants or the merchants outside of the area might be interested enough to help defray the costs, City Attorney,.Mr, Williams: I haven't talked to Mr. Aiassa about this but we had this water meeting last Wednesday and didn't have a chance to go into some of these things, -23- • • U C, `C, ' V8f6S 'TELEPHONE 'I'S'S'UE Caritinu'ed City Manager, Mr, Aiassao talk with Jay Michaels and get meeting and Mr. Williams and I involved merchants and perhaps WATER COMPANY RATES Page Twenty -Four Iwould rather hold this off, was going to recommend that I suggestions and hold this off to our can get together and we can contact we can get some cooperation, I next the City Attorney, Mr,, Williams: Mr, Curren has had the Azusa Valley Water Company figure, What you would get under your present 2% franchise under the new rates allowed on the company as distinguished with what you are getting under the old rates -m under the old rates in 1964 you received approximately $2,100, Under the new rates you would receive approxi- mately $3,100. His argument is that this will diminish.the significance of the increase in the hydrant cost considerably, There was a further question I gathered from reading the discussion on this matter last time and that is whether or not you might be successful in making up some of this simply by increasing the amount of the franchise, This appears to .me on not exhaustive research but some would be most unlikely to exceed, The P,U,C, had hearings and generally adheres to a 2% of the gross of that part of the gross proceeds arising out of the use of your streets, Where cities in the past, and one or two were named, have tried to raise to 4% we'll say in order to make up for a charge, the P,U,C, simply turned around and either nullified it or allowed an increase in rate within"iia area `,,,than > charged 4 % to make up an additional 2% so they gained nothing, In other words, the P,U,C, just cancels it out, City Manager, Mr, Aiassao Eventually all the rest of the utilities are going to ask for the same, We are going to make a report and submit it to you on other pos- sible ways to get money from the water company, WESTINGHOUSE vs, LOS ANGELES COUNTY, CITY OF LOS ANGELES and CITY OF WEST COVINA City Attorney, Mr, Williams: This is regarding the case of Westinghouse Electric Corporation vs, County of Los Angeles, City of Los Angeles and City of West Covina, In these matters in the past the County Counsel has represented us and I think that either the City Clerk or myself or the City Manager should inquire of the County whether or not they are going to represent the City in this matter, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this matter be referred to the City Attorney to report back at our next meeting, -24- • C, Co 3/8/65 GENERAL MATTERS ORAL COMMUNICATIONS PRECISE PLAN OF DESIGN NO, 334 B. Frank Smith 8 Iris Smith Mr. August Goebel Attorney at Law 3935 East Huntington Drive Pasadena Change No, 334, Bo Frank Smith letter to the Council and am I of the Council has received a Page Twenty -Five I am here representing Mr, Todd Keck and I will limit myself only to procedural matters in connection with the prior granting of the Zone and Iris Smith, I did address a correct in assuming that each member copy of this Letter? Despite a possible indication of a possible change of position by Councilman Krieger, I would still like to cover these particular matters, gentlemen, The most important point to me is this: Mr. Garvey at the time tie submitted his original appli- cation to the Planning Commission submitted some seven written pages of argument in support of the granting of the application, At that • time there was an objection and the Acting City Attorney, Mr. Terzian, advised the Chairman of the Planning Commission that these arguments should not be received and the Chairman so ruled and they were thereafter not received, The decision of the Planning Commission was unanimous, five to nothing that the application be denied, In Mr. Garvey's notice of appeal to the City Council dated February 4, 1965, he states: "As a part of said appeal there is herewith submitted to the City Council the arguments in support of Zone Change application No, 334 previously filed with the Planning Commission in connection with a hearing before that body." He did not state that these matters were not accepted by them, Mayor Snyder: He said everything in his argument that he presented to us, said it out loud, not verbatim, maybe, Mr, August Goebel: My associate was here and, he is here this evening. I don't know if any member of the Council followed Mr. Garvey in his speaking to touch upon every matter that was in his letter and I think the only accurate way of determining whether Mr. Garvey spoke on what was in the argument is to go back and check the tape. Secondly, in these hearings by your ordinance and by law they are to be public hearings and insofar as permitting this type of a procedure to develop where written argument is submitted to the Council you deny each and every interested property owner his right of public hearing by not requiring that those matters be read verbatim, Mayor Snyder: We are perfectly aware of this and they are accepted in that manner, -25- C, C, ' 318165 Page Twenty -Six PRECISE PLAN OF DESIGN -NO, 334 Continued • Mr, August Goebel., I do not believe, at least the Minutes do not reflect'. that this statement was accepted with that qualification, I know all petitions are,, This is the very point that I want to bring up here, particularly one case and I previously discussed this with Mr. Williams and I would just like to quote very briefly from this case for Mr. Williams' benefit -- Desert Turf Club vs, Board of Supervisors, 141 Cal, App, 2nd, 446, 1956 case, (Quoted said section,) It is my position, gentlemen, that where such matters come into the Council that there should be a specific statement made in the record as there is whenever a petition is introduced that there has been a communication received and that the, -communication will not be received for matters contained therein, just that there has been a communication received, Secondly, if we assumed that there were any new matters set forth in the letter from Mr, Garvey, I would suggest that your West Covina Municipal Code Section 9223.12 becomes applicable, (Read said section,) I would strongly urge that the procedure adopted in this particular matter is violative of the rules set forth in this case as well as violative of your own Municipal Code and if that material was accepted you are then denying each and every one of these other property owners his right to a public hearing and therefore it is in violation of due process of clauses • of both the United States and State Constitution of California, Mayor Snyder., I would agree with you if your facts were materially correct but I would say this., That Mr, Garvey's arguments were materially the same as the written material he handed us, Secondly, the written material was handed to us and never officially adopted, I don't think it.is part of the permanent record, Therefore, we are aware of what you are talking about. It was.not accepted officially by this Council at any time and his verbal arguments were materially the same as what was contained in the report. Regarding the questions asked of the applicant's attorney, these questions were directed at clarification of the evidence and I think that was the extent of Mr. Garvey's answers and I didn't interpret any new evidence in his answers. Also, we never deny the right of cross examination and nobody asked for it at that particular hearing, Mr,, August Goebel: The point I am trying to make is that where a public hearing is closed and there are then questions asked by the Council of an interested party that I think there must be an opportunity to the other side to answer those particular matters because these questions could have been asked at such time as the man was presenting his evidence,, City Attorney, Mr, Williams., I think it depends on what the • question is. If you ask him factors which would be material either as facts or as argument to advance his zoning contention then I think you should allow the other side a chance to reply or rebut, Mayor Snyder., What about questions to merely clarify some of the evidence? -26- n • • Co Co 3/8/65 Page Twenty -Seven PRECISE PLAN OF DESIGN NO. 334 - Continued City Attorney, Mr, Williams: If you ask what does the red show on the map, what does that mean, I don't think you have to allow any discussion from the other side, He answers that the red shows the present barn or whatever it indicates,, It is the nature of what the reply iso If it is directed toward argument in favor of his application or he advances facts or alleged facts that,are in favor of it the other side should be given the opportunity of reply or rebuttal,, Mayor Snyder: It is my interpretation that there were no new facts, Mr, August Goebel: There can be different interpretations and all I am trying to do is keep this matter and bring these matters procedurally to your attention so we don't have to worry about getting involved in further expense of additional litigation because all one needs to do is look at the Minutes, and certainly these are not verbatim Minutes. I would like to listen to the tape to see the extent to which questions were asked and additional evidence was given and whether something was or was not material and whether or not Mr. Garvey covered everything in his written presentation that he covered orally is again'something that can only be verified by checking his letter against the tape, Mayor Snyder: evidence has a different weight. Mr, August Goebel-. I think we know how to weigh evidence and every bit of I am....a.ddressing myself only to procedure but not as to weight,, Councilman Heath: Is the intent of the gentleman that we do not receive the letter sent by Mr. Garvey or that we disregard that letter or do not acknowledge it for this? Is this your intent? Mr, August Goebel-. My intent is to bring home this: That by the fact that Mr. Garvey when he submitted his appeal as a part of.the appeal he.attached a written argument and each and every Councilman received a copy of it. By that very fact alone there was evidence presented to you outside of a public hearing and that is an improper procedure,, Very frankly, gentlemen, it is the first time I have ever seen it done, Councilman Heath: Mr, Goebel, im most cases I think the members of the Council visit the site of a rezoning prior to the time of the hearing to acquaint themselves with the area, On many occasions I have talked with the owners of the property and the people in the vicinity. Does your interpretation mean that we should not talk to the owners of the property prior to the hearing because we might get some information which would not be brought out in the hearing? We should not listen to the people on the telephone who voice their opinion and we should not go to the site to look the site over? Mr, August Goebel: That is my opinion and particularly with respect to the telephone calls and this is not my opinion it is the opinion of the District Court of Appeal of this State,, ®27® Co C, 3/8f65 Page Twenty -Eight PRECISE PLAN OF DESIGN NO, 334 Continued • Mayor Snyder: How do you avoid it if they come right up and say it before you can walk away? Councilman Krieger: The purpose of communications to communicate information to the Council, not to have the Council communicate information to the public. I think Mr. Goebel has communicated his point of view to the Council, We have a City Attorney for this expressed purpose and I would suggest we move on to other matters, Mr. August Goebel: City Attorney, Mr. Williams: simply he stood there and read and no harm, The thing I need to know and if you can listen to the tape where you were injured, where you didn't have a chance to testify or evaluate it, I appreciate the opportunity to speak to you gentlemen.on this matter. I have not read the statement. If it were a statement that handed it to them there would be is wherein you have been injured or whatever you want to and indicate were caught by surprise, where you something, then I could maybe Mr. August Goebel: The matters you are asking here • with respect where there was no permission tc testify, these matters can be disclosed by a listening of the tape and I am more than willing to go over the tape prior to the next Council meeting, City Attorney, Mr. Williams: I would not be disposed to take any action on this procedural defect even though I think it is a defect unless you show where you have been injured. A defect that doesn't hurt anything such as not giving notice but you were here -®I want to know where has the defect injured the opposition, Mr. August Goebel: The only way I can tell you that is by listening to the tape, City Attorney, Mr, Williams: I don'.t want you to tell me now, I want you to check, Mr, August Goebel: I.will contact you by telephone and listen to the tapes with you, Mr, Francis J. Garvey: First in terms of procedure it is customary among attorneys when you intent to attack a motion or something else to give notice to the other side. Had it not been for the courtesy of the City • Attorney's office none of us would have been here tonight to hear what might have been a material effect in your mind, I think if there have been any defects they may have been on both sides, Secondly, I would call to your attention that your application forms request the submission of written arguments with the filing of the basic application, I would call to your attention that in the case of Anderson vs, Pittinger the District Court of Appeal said that a hearing before the City Council on appeal in these matters is a de novo hearing, which means it starts all over and you disregard the Planning Commission's hearings if the District Court of Appeal meant what it said and this is what it said, C. Co 3/8/65 Page Twenty -Nine PRECISE PLAN OF DESIGN NO,, 334 - Continued • Now, if that is true and if in your original application you said submit arguments then it is not procedurally defective to submit these as part of the appeal which initiates this before your body,, Secondly, when we are dealing with zoning we are really making an application initially to the City Council and the Planning Commission in the zoning matter and the Planning Commission acts as a committee of this body making a report for reference. I believe you have a duty to hear a zoning matter if they turned it down in every instance,, You charge a fee that indicates that you should because the extra $25,,00 is included so automatically every zoning thing is directed to you,, Once the gpplication is filed the entire matter is before the City Council and is a matter of public record and open to the inspection of anyone who wants to come,, I believe that substantially I tried to cure any defects that there might be in terms of an objection by at least substantially repeating what was included in those seven pages in terms of substantive testimony. I have tried from time to time to save the time and effort that you have,, I am perfectly willing as I have indicated before to spend an hour or two on a hearing and to insist upon it if my clients interests demand it,, If I am trying to save time and then get boxed down to 15 minutes and then be criticized as being procedurally wrong, I am • afraid you are in a dilemma,, I would like to suggest that you carefully re -read your procedural sections of your ordinance,, If you will look carefully you will find you don't have any procedure as to zoning as to how you should handle your zoning. You have it as to precise plan, conditional use permit and the like and all that you can really get is to go to the Conservation and Planning Act that says a zoning ordinance shall be heard in the same manner as a Conservation and Planning Act and perhaps this carries over, If I have trespassed I assure you it was not with the intention to deprive anybody of the right to be heard,, I point out to you the person objecting here was represented by Council at the time of the last hearing,, Mayor Snyder: If there is anything we are doing procedurally wrong that can get us into trouble perhaps we should correct it to please the lawyers. I am happy with it,, City Attorney, Mr,, Williams: There has been a decision that viewing premises is wrong,, I think the decision is absolutely absurd and as far as I am concerned although the District Court of Appeal or Superior Court both have said so we might just as well have another crack at it because if they expect to be able to get five Councilmen who are able to divorce • completely from their mind the fact that every day they cross this intersection and look at it and therefore that is part of the evidence that they might consider in a case, I think it is absolutely an absurd decision. But, you are right; there is such a decision,, Councilman'Nichols: Or that we pick up the newspaper and read all the arguments in advance to these issues,, -29m. Co C, ' 318165 Page Thirty PRECISE PLAN OF DESIGN No, 334 - Continued • City Attorney, Mr, Williams- That's right, This is a legislative proceeding as well as quasi judicial, not legal, I don't agree with the District Court's opinion and I am perfectly willing to take it on again before the District Court, if necessary, Mayor Snyder: that which is valid evidence, Co�cilmen are grown up, We know how to weigh that which is meant to influence us and You have to think possibly the City Attorney, Mro"'Williamso That's right, There are two positions, There is the position of the applicant and the position of the attorney for the applicant, The applicant's facts are set forth in the application as Mr, Garvey said, I don't think the attorney should set forth what purports to be recitation of facts, et cetera,,unless he is going to literally repeat them at this microphone during the course of the open hearing, Mayor Snyder: • City Attorney, Mr, Williams: "PLANNING COMMISSION REVIEW PLANNING COMMISSION ACTION OF MARCH 3, 1965 The following items were called up: Unclassified Use Permit No, 99 Moeck - Approved Precise Plan No, 447 Moeck - Approved Zone Change No, 336 Jones 8 Howard - Denied PASS 8 COVINA ROAD ZONING (COUNTY) If there are any extreme breaches of the law, we would like to be so informed, All right, So indicated by Mr, Flotten, Called up by Councilman Jett, Called'up by Councilman Jett Called up by Councilman Heath, City Clerk, Mr, Flatten- The Council has copies of a • letter to the Regional Planning Commission from Harold Joseph regarding zoning on Pass and Covina Road, This is for your information, -30- C, C, 3/8/65 PLANNING COMMISSION - Continued • ANNEXATION N0, 28 ;(COVINA) Page Thirty -One City Clerk, Mr, Flottens The Council has copies of the report from the Planning Department with respect to Covina's Annexation No, 28, Councilman Jett: Mr, Yaeger buttonholed me the other day about these annexations also, Mayor Snyder: They are a little upset, We had a difference of opinion. It is my -understanding the knolls area is not in the.area of the gentlemen's agreement and Mr. Yaeger says it is, Councilman Heath: The east end of town is not in that agreement and that was clarified at another meeting, Mayor Snyder: I will have another meeting with him then, BILLIARD PLAYERS AGE LIMIT City Clerks Mr, Flottens (Read memo dated March 8, 1965 to the City Manager and the City Council from Mr, Joseph regarding the removing of age restrictions for billiard players at the Golden Cue Billiard Center,) Mr, Robert Woodhem The only thing I would like to 1010 East Walnut say is I believe that the age Glendora limit should definitely be there because 10, 119 13-year- old kids shouldn't be going in there without permission, I do say that -- for instance, there was a married girl there, 18 or 19, who had her 15-year-old sister with her, The police removed the 15-year- old girl and wont' let her sister go with her and took her to jail, The father was mad because as far as he was concerned the girl could be there, All we want to do is get a card that has to be signed and verified by the operator of the billiard hall and have this on file and when the police come in their parents have signed this card giving this child permission to play there, I don't think this -is too much to ask, Mr, Max Marian As a result of the ordinance 514 South Glendora as it stands we have had a citation, We had a family that had been coming in there, They have all been in there many • many times and on a given afternoon about 5:15 in the afternoon the uncle and the nephew came in there and this time we were cited. It does seem that this written permission from the parents has worked rather successfully elsewhere and we have another hall where the parents can consent to having their children there, As long as a child is with his parents any age can play, -31- Co Co 318/65 Page Thirty -Two BILLIARD PLAYERS AGE LIMIT - Continued Councilman Heath: I see here in a motion of the Recreation and Parks Commission they are recommending we buy a pool table for the Teen Kan Teen, What age limit will there be -at the Teen Kan Teen? City Manager, Mr, Aiassa: Councilman Jett: This is under supervision of the Youth Center Director; They are not paying a fees The implication of a pool hall is there anyway, Mayor Snyder: The argument is not pool,, Pool is a perfectly accepted legitimate game and many people have it in their homes,, The argument is whether you allow kids of this age to congregate without their parents, Mr, Max Mariano Councilman Heath: • Mayor Snyder: We don't allow them to congre- gate, They either play or they leave, Can we try this on a temporary trial basis? It seems to me the difference between 16 and 18 is more or less arbitrary, Mr, Max Marian: I think your age limit as it stands is perfectly fine. We don't want the loud difficult ones in there, If a parent knows he is.there this boy will be on his good behavior, If the child has a written note from his parent it can work, Councilman Heath: Would you outline specifically what you would like to have.? Mr, Max Marian: I would like to have the parents' consent to let these fellows in there but if someone comes down with a grandfather I don't see any reason why we shouldn't permit them to come in our place andplay pool, Mayor Snyder: How would you verify this permission was in fact signed by the parent? Mr, Max Marian: I call the parents or have the parents come in, I prefer to • have them come in to the place with the youngster so they know they have to be on their best behavior and the parents can take a look at our place, This satisfies the parent and also makes the child realize that he has to behave while he is with us, This has worked successfully, Councilman Heath: Would you be willing to assume the responsibility in the event that a child brought in a letter or a note to you supposedly signed by the parent, would you be willing to assume the responsibility if that was not the child's parents who signed that? -32" C, Co 3/8/65 Page Thirty -Three BILLIARD PLAYERS AGE LIMIT'- Continued 18 Mr, Max Marian: Yes, I want the parents to know they are in there, I would like to have the child's parents come in, I would go so far as to have you put it in the ordinance that the parent come in to the organization with the child to sign it, Councilman Nichols: You approach this from two distinct aspects. You say you don't want unsupervised youngsters in there. The next point you made was that if this child comes in with a 21-year-old uncle you get racked for this. You say you want to correct this. Then you go back to the point that you want a child to be able to have something on file, a signature, to allow that child to come in unescorted and be on the premises based upon a file he has with you. Once this card is on file this allows this child access at his own leisure. Many of our children have parents who work;'they are badly enough super- vised as it is in our communities, unfortunately. It may not be a virtue for them to be at some specific location or not, I don't know, but I don't feel you have qualified what you are actually proposing, Are you saying that a 10-year-old with a signature on file can come into your place? Mr,Max Marian: Yes, if he comes in with his family, with an adult responsible, • That is fine, Councilman Nichols: What if he has a signature on file,'signed.by -his parents? Mr, Max Marian: He could play, We are not looking for that kind of business. We have the right to refuse him, Councilman Nichols: A signature card would remove any minimum age and any adult supervision; the signature card would take the place of it? Mr, Max Marian: We have adults running our organization, Councilman Nichols: I mean as far as a responsible adult, a parent, guardian? Mr, Max Marian: It amounts to that. I.would like to have their permission to come in with someone other than their parent or guardian so long as they're responsible, Councilman Nichols: If the ordinance reads "Must • a responsible adult" this would be under the supervision of mean someone 21-years-old or over, Councilman Krieger: The issue seems to be the unescorted child, Now, what is the difference between the unescorted child who doesn't have a card in your establishment signed by his parent and the unescorted child that does have a card? Mr, Max Marian:. If the parent knows he is there, there are no repercussions; the parent gives him permission. They feel satisfied we are running -33- C. C. ' 3/8l65 Page Thirty -Four •BILLIARD PLAYERS AGE LIMIT - Continued • a place clean enough for their boys to be there,, Our places are run and supervised much more than many of these homes are. These fellows are made to behave or they can't come in and play,, Councilman Krieger: You feel.if a parent that signs one of your cards that says "My child may come in your establishment at any time, 16 years of age or younger" he is making a judgement that your place is suitable for his youngster to frequent without him and your asking us to substitute that test for the test that we presently use which is that if the parent thinks that this is a suitable place for his youngster under 16 before ten o'clock he should bring him and stay with him in your establishment? Mr, Max Marian: Councilman Krieger: aspect of your problems as are here because you have a Mr, Max Marian: Councilman Krieger: iindividual businessman it is to the community statements made by our had problems with the feel this statement is Mr, Max Marian.: Many of them can't. This is a problem of parenthood. We are discussing it from the a businessman. I assume that is why you problem as a businessman? We sure do. Our responsibility as Councilmen in this City is not to any or to any particular segment of our community; as a whole, What is your reply to the Chief of Police as to the fact that he has billiard parlors in this community? Do you untrue? I don't know that he has had any problems with our place,, Councilman Krieger: Under the ordinance that we have the fact remains that it was a violation, There is an enforcement problem within your establishment, is there not? Mr, Max Marian: Under the ordinance that we presently have in your day-to-day operations, you,have difficulty enforcing that type of an ordinance, We have had in the respect that we just mentioned, yes, Councilman Krieger: Now, the cure for that problem. as you see it is to admit such a youngster as long as you have a card signed by his parent? Mr, Max Marian: I have run a place in Bellflower where I have personally super- vised it and ,it is very satisfactory and we have no complaints from the parents or the police. This card should be on the specific hall, not any one, Mayor Snyder: ' The... kids;.'go to the .bowling alWleys at any age and are unsupervised and there are bars in bowling alleys, To narrow this down to pool halls and allow them to go to bowling alleys doesn't seem quite just. I think we should regulate the bowling alleys if we are going to regulate the pool halls. The bowling alleys aren't even supervised. -34 Co C@ 3/8/65 Page Thirty -Five BILLIARD PLAYERS AGE LIMIT - Continued Councilman Nichols: I would not concur that we should take it upon ourselves to place in an ordinance a charge upon an operator to maintain an inventory of customers that come in and out and require him to maintain cards on file,, I think you are in an impossible situation so the issue is do you reduce or eliminate age requirements or don't you? None of the cities surveyed had a complete elimination of age requirements. I don't know that this is a matter that I would be prepared to resolve tonight but I think there is an area of discrimination involved here and I would like to go into this matter in greater detail myself, Mayor Snyder: I think we should take this under advisement, Councilman Nichols: I would like to see this come on a study session when we could invite the Chief of Police in again and perhaps some of the school authorities involved and rediscuss this area to see if there is a way we can achieve what may be greater equity of the operators of these establishments and yet meet the needs for proper supervision and law and order in our community and I don't think we can do it tonight. Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, that this matter be placed on our next study session at which time we would ask for any further recommendation and informa- tion that the staff can supply us and request that the Chief of Police be present and an invitation be extended to the representatives of the school district in the geographical area to be present also, Councilman Krieger: These two pool establishments we are talking about, one is in the old Plaza and the other one is in the Capri Shopping Center? Mr, Max Marian: Yes, Mr, Robert Woodhem: La Puente has permission cards and this was not mentioned in the report, Mayor Snyder: The other night my wife and I went to see "The Americanization of Emily" which is billed as an adult -only movie and I don't mean to be prudish but this kind of movie I wouldn't want my 12 or 15-year-old to see, 900 of the people in the theater were teen -alters or below. How do you police this?. City Manager, Mr, Aiassa: They have a regular census control in the theater, Mayor Snyder: They don't do it, They are not required to by law, are they? Is there a possibility of an ordinance requiring a theater on those that are labeled "Adult Only" type.of movies that they are required to check ages? Councilman Nichols: That is a good point, -3 5- Co Ca 3/8/6,5 Page Thirty -Six BILLIARD PLAYERS AGE LIMIT Continued, City Manager, Mr. Aiassa: I think you should take this -'up to the City Attorney and h6-dan • tell you if it is pre-empted, Mayor Snyder: Mr. Woodhem, Mr. Marian,' we will notify you of the date of the study session. We will make it as soon as possible. 0 0 RECREATION & PARKS GENERAL MATTERS WRITTEN COMMUNICATIONS GAINES' ARTICLE None City Clerk, Mr. Flotten, We received a letter from Mr. Hayten with respect to the - article that Mrs. Gaines wrote for the newspaper. The Council has copies of that letter. CITY, MANAGER REPORTS LETTER FROM McINTIRE & QUIROS Tract No. 26890 City Manager, Mr. Aiassa: (Read report re this matter as follows: "We hereby request that you commence proceedings to quit claim that certain 10 foot easement for drainage purposes over a por- tion of Lot 23, Tract No. 26890, as dedicated to the City of West Covina in map of said tract recorded in Book 705, pages 28 to 30 of Maps. Since new provisions have been made to take care of the drainage of this tract, said easement is no longer required. A sketch showing said easement is enclosed. S/Hugo A. Prestinary McIntire & Quiros,,Inc.". Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that we start action to release the easement referred to in the letter from McIntire and Quiros on Tract No. 268900 TRACT NO. 28988 City Manager, Mr. Aiassa- The developer has posted the bonds in the amount of $178,000 instead of $268,000. (Read report re this matter.) We have several resolutions regarding this matter. -36- Co C,, ' 3/8/65 TRACT NO, 28988 - Continued • RESOLUTION NO. 3125 Final Subdivision Map Tract No. 28988 ADOPTED Mayor Snyder: Page Thirty -Seven The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A FINAL SUBDIVISION MAP OF TRACT NO, 289889 ACCEPTING THE DEDICATION THEREIN OFFERED, AND ACCEPTING THE AGREEMENT BY THE SUBDIVIDER AND THE SURETY BOND SECURE THE SAME" Hearing no objections, we will waive further reading of the body of the resolution. Public Services Director, Mr,. Adams: The owner brought this in this morning. They have had trouble financing this development,, Sometime last week he got a committment Of $Z,000,OOU to finance this on the stipulation that the tract would be done by the 15th of March. It is really to get him underway that we told him we would try to submit this to the Council tonight and get approval on it, Councilman Krieger: If it requires Council action then it ought to at least be • an intelligent action and I don't realize how this can be intelligent action when we get these reports in this way. Some of the responsibility belongs to the people and I refuse to accept the responsibility by continuously voting on matters that I don't have the slightest idea what it is about because someone has been sitting on his duff and all of a sudden wakes up to a situation and comes running in and says "Bail me out",, Mayor Snyder: I would agree, Councilman Jett: I certainly support Mr,, Krieger,, City Manager, Mr,, Aiassa: If we don't cooperate with these people then the staff gets it. We try to work as closely as possible with some of these people and once in a while there is a rush and we try to process them. Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted,, Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Mayor Snyder Noes: None Absent: None Abstained: Councilmen Krieger, Nichols • Said resolution was given No,, 3125,, -37- • 0 • Co Ca 3/8/65 TRACT NO. 28988 - Continued: RESOLUTION NO.3126 South Hills Drive ADOPTED Mayor Snyder: Page Thirty -Eight The.City Manager presented - "A RESOLUTION OF THE CITY COUNCIL 'OF THE CITY OF WEST COVINA DEDIICATING CERTAIN CITY OWNED PROPERTY TO PUBLIC STREET PURPOSE'S AND ACCEPTING SAME AS A PUBLIC STREET" (South Hills Drive) 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, Heath, Mayor Snyder Noes: None Absent: None..' Abstained: Councilmen Krieger, Nichols Said resolution was given No. 3126. RESOLUTION NO. 3127 Cameo Vista Drive ADOPTED Mayor Snyder: The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DEDICATING CERTAIN CITY OWNED PROPERTY TO PUBLIC STREET PURPOSES AND ACCEPTING SAME AS A PUBLIC STREET" (Cameo Vista Drive) 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, Heath, Mayor Snyder Noes: Norte Absent: None Abstained: Councilmen Krieger, Nichols Said Resolution was given No. 3127. SUMMARY ACTION OF THE PARKS. AND RECREATION COMMISSION City Manager, Mr, Aiassa: (Read summary report taken by the Parks & Recreation Commission as follows: "SUMMER RECREATION PERSONNEL BUDGET - Motion was made by Commissioner Keith, that the summer recreation leadership budget, as presented and amended, be approved and recommended to City Council for their consideration. Motion carried. IR :M Co Co 3/8/65 Page Thirty -Nine. RECREATION AND PARK COMMISSION ACTION - Continued: "POOL TABLES FOR YOUTH CENTER - Motion was made by,Commissioner p purchase,of a commercial type pool Veronda, that a recommendation be made to City Council to ap- rove the table ­and a' buin- per'pool table for the Community Youth Center from the funds allocated for equipment. Motion carried, JOINT MEETING - PLANNING COMMISSION - Motion was made by Commissioner Veronda, to adjourn to the joint meeting with...Planning Commission on,March 10 at the Council Chambers. Motion carried." Mayor.Snydero In my mail there is a letter ` regarding the poverty program for funds for summer recreation,from the Federal 'Government. I bring this up without a recommendation but I would like a further report on it. City Manager, Mr. A,iassao All right. I suggest the Council have a joint meeting with the Parks and Recreation Commission because this incurs some rather large expenditures and we did this in prior years. This permits the Parks and Recreation's permission to hire their staff for summer leadership. Otherwise we won't approve this until July. Councilman Heath. We ran into this problem and last year was the first time we didn't •have a problem. Before they waited until July until we approved of the hiring of'these leaders. The policy was changed last year whereby the Council would approve the hiring of these leaders at this time of the year so when these kids in college come home for Easter vacation they can be interviewed and hired. I think unless there is a decided increase.in the budget that we.should approve this so the Parks and Recreation Commis- sion can go''ahead and interview these people during the Easter vacation and let the kids know they have a job. City Manager, Mr, Aiassa: I believe there is an increase of only one. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept the recommendation made by the Recreation and Parks Commission.and that we accept the."Summer Recreation Program they have outlined; accept their 1965 summer recreation program to be approved as submitted and the Recreation and Parks Depart- ment be authorized to recruit and hire the part-time personnel required for the program as outlined in their letter of March 8, 1965. (Councilman Jett voted "No".) City Manager, Mr, Aiassa. There is a motion made by Com- missioner Keith, seconded by Commissioner Veronda and carried that a pool table be bought for the • Community Youth Center from the funds allocated for equipment. -39- C, C, ' 3/8/65 Page Forty SUMMARY ACTION OF THE PARKS AND RECREATION COMMISSION - Continued • Councilman Nichols: There is a possibility that the final returns from the Operation Over the Top will be somewhat above what was anticipated to retire ,the immediate debts of the Teen Kan Teen Foundation and in that event there is the possibility that the Foundation itself may want to provide some of these furnishings and equipment and I believe this is no immediate urgency in this item and I would suggest that the Council delay action on this, Councilman Jett: Is it the thinking of the majority of the Council that the amount of money that will be spent for these two pool tables -- there cannot be over four playing at these tables at one time, Is the amount of money they are going to spend for -that, the space it will take up in the building, does it warrant putting these tables in there? I can't see it, myself. Councilman Nichols: I can't answer your question, Motion by Councilman Nichols, seconded by Councilman Jett, and carried, that this matter be held off until at least after the conclusion of the Operation Over the Top, • City Manager, Mr, Aiassa: On the loth, they will have a joint meeting with the Planning Commission and they will discuss the regional auditorium, ASSEMBLY BILL N0, 733 City Manager, Mr, Aiassa: I have a telegram about AB 733, (Read said telegram,) This is signed by Bud Carpenter, Motion by Councilman Jett, seconded by Councilman Nichols, and carried, that the City Manager be instructed to call Mr. Soto and urge him to support this bill, LEAGUE MEETING Los Angeles Division Roger Young Auditorium City Manager, Mr.' Aiassa:..:• Submitted a written report and orally stated that:he attended a meeting of,.the League:on the 4th'and there is.a subject. report on this matter and I.think the important things were the Firemen's bill and • the proposed regional park which is..in the Santa, Monic.a .Mounta:insa The Rapid Transit Bill seems'to be of some. impor'.tance and.1 believe the Chamber of. Comnier.ce: is,interested in this matter. There is also the water problem which was discussed at this meeting, The next meeting on May 6th Richard Carpenter will be back and discuss all the latest legislation, -40- f C, Co 3/8/65 -CITY CLERK • SISTERHOOD OF TEMPLE SHOLOM REQUEST TO CONDUCT RUMMAGE SALE ON TEMPLE PREMISES AT 1912 WEST MERCED AVENUE Page Forty -One Motion by Councilman Heath, seconded by Counciman Krieger, and carried, that permission be granted to the Sisterhood of Temple Sholom to conduct a rummage sale on the Temple premises. CONFERENCE OF CITIES ON RE -APPORTIONMENT OF SENATORIAL DISTRICTS City Manager, Mr. Aiassao DEPARTMENT OF RESOURCES MEETINGS This is for your information only. You have copies of this letter received from the City of Alhambra. • City Clerk, Mro Flotten: I sent the Council copies of the Department of Resources' letter giving the location of the meetings. This is a meeting on recommended mine well construction. BLUE RIBBON DEVELOPMENT ADVISORY COMMISSION City Clerk, Mr. Flotten° We have a letter from the West Covina Chamber of Commerce requesting the Council to form a Blue Ribbon Development Advisory Commission, The Council has copies of this. Councilman Heath: I think it is a good idea and I think we should pursue it. Move that the Mayor be authorized to contact the Chamber of Commerce and say that the Council is in favor of such a program and'would request that they proceed with such program. Mayor Snyder: They state here that the Council would form it. Does that mean we appoint members or will they make recommendations? City Manager, Mr. Aiassao There is one staff member. • Mayor Snyder: Who appoints the members? City Manager, Mr. Aiassao I believe the Council appoints the City members and the Chamber appoints their members. -41- t Co Co 3/8/65 Page Forty -One (A) BLUE RIBBON DEVELOPMENT ADVISORY COMMISSION - Continued: Mr.; Aiassa read letter re this matter as follows: "March 5, 1965 The Board of Directors of the West Covina Chamber of Commerce believes that the.best interests of West Covina will be properly served if your Council forms a "Blue Ribbon" Development Advisory Commission. Its function would be to meet with developers and/or representatives of business and industry having a desire or in- terest to locate in West Covina. During such meetings, an at- tempt would be made to work out some measure of problems which might confront the interested parties. It is suggested that this Commission be composed of the fol- lowing individuals: One City Councilman, one Planning Com- missioner, the Planning Director, the Superintendent of the West Covina School District, the Coordinator of the Chamber's Headquarters City Division, and a Public Utilities Executive, Our Board feels that for complete effectiveness this advisory group should be formally ordained and recognized by the City Council, with the knowledge that it would not have any auth- ority to speak on behalf of the Council, Planning Commission, or the Chamber of Commerce. This group would be convened upon the call of any one of its members. Such meetings to be coordinated through the Chamber office. The group would select its own Chairman for procedural purposes, The Chamber's Executive Committee, in its recommendation to the Board of Directors, expressed the opinion that this ad- visory commission would render a vital service in the devel- opment of our community. If you wish, we would be happy to meet with you to discuss this proposal further. /s/ s< M. Seeds, President" i -41-A- Co Co 3/8165 Page Forty -Two BLUE RIBBON DEVELOPMENT ADVISORY COMMISSION - Continued • Mayor Snyder: Does this Commission report to the Chamber or to the Council? • City Manager, Mr, Aiassa: To both,, Councilman Heath: I think this should be managed by the Chamber of Commerce. I will rephrase my motion. Motion by Councilman Heath, seconded by Councilman Nichols, and carried, to endorse the concept of a Blue Ribbon Development Advisory Commission and offer our cooperation and that the Mayor sign a letter to this effect and send it to the Chamber, EL MONTE AIRPORT City Clerk, Mr, Flotten: You have copies of a letter written to the San Gabriel Airport Association by the Chamber with respect to the airport, Mayor Snyder: We said earlier we want a report on this, CLAIM BY A, T,, BILDERBACH City Clerk, Mr, Flotten: You have copies of this letter from Mr. Terzian with respect to a complaint by Mr, A. T. Bilderbach regarding the covering and the well at Merced and Walnut Avenue,, Councilman Nichols: I assume as a result of that letter that it is corrective in itself to the staff to enforce the law, It shouldnet seem to me it needs any further Council action, Planning Director, Mr, Joseph: CENSUS City Clerk, Mr, Flotten: time early this year, We talked to them today and they are going to file further applications on this, We have a letter having to do with a possible census some • City Manager, Mr, Aiassa: This is something the Council must decide. We discussed the possibility of using the State Finance Department to make these analysis for us, less expensive than regular census procedure. Councilman Jett: Have we had enough increase to justify another one? -42- a CC. 3/8/65 Page Forty -Three CENSUS - Continued: • City Manager, Mr. Aiassa; I was hoping that Annexation 158 was getting developed in sufficient time to add extra.population to our population off the ground I will need an expression from the Council whether you are considering having another census taken. This is an estimated created by'the Department of Finance and it is very valid and you get your gas tax money on this. • • Mayor Snyder: City Manager, Mr. Aiassa; The State accepts this for a while and then they demand a census, This will give them something definite to work with. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to proceed along the line of obtaining a census as outlined in their letter dated March 4, an estimate to be taken by.the State Finance Department, DEMOLAY WEEK City Clerk, Mr. Flotten: Mayor Snyder: Y.W.C.A. REQUEST We have a request from the Order of Demolay to declare the week of March 14 through 21st as Demo - lay Week. If there are no objections, I will so proclaim. (No objections voiced,) So proclaimed. City Clerk, Mr, Flotten: The San Gabriel Valley Y.W.C.A. requests permission to sell tic- kets for a benefit on May 22nd, This is a mother and daughter fashion luncheon at the South Hills Country Club and they ask a donation of one dollar. Mayor Snyder: HUT STEAK APPLICATION We have no objections, City Clerk, Mr. Flotten: We have a report from Chief Sill with respect to an A.B.C. application of the Hut Steak, 971 South Glendora Avenue. He recom- mends a protest. Councilman Heath: There are a lot of liquor sales in this area. This man comes well recommended. -43- C. Co 3/8/65 HUT STEAK APPLICATION - Continued Councilman Jett: should object to serving beer there. but they have beer. Page Forty- Four It is a legitimate eating place and I see no reason why we It -is strictly a steak house Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Council have no protest to.the AbB.C. application of Hut Steak.' CHANGE OF OWNERSHIP City Clerk, Mr. Flotten: We have an application of the Dubrove Enterprises, a change from a -partnership to a corporation; the Stardust Bowl. Mayor Snyder: OPERATION OVER THE TOP We have no protests. • City Manager, Mr,, Aiassa: On Operation Over The Top night I have a list of all the people who contributed entertainment and'etco 'Ithink there -should be some kind of a letter addressed -to them in appreciation of their contribution. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that all the people outlined for their contribution to Operation Over The Top be sent a letter signed by the Mayor thanking them for their cooperation. Councilman Heath: _.There have been many people who have contributed a lot. to this Teen Kan Teen Foundation but there is one person I think that has done a little more than anyone else and that is Mr. Wilson. What is the Council's opinion of passing a resolution commending him for his services? City Manager, Mr. Aiassa: Councilman Jett: Why don't we give him a City plaque. I think that is one man that deserves it. Councilman Nichols: I would agree. However, the project is not totally completed and at some point in the not too distant future it will be and there • will be a dedication ceremony and I think that would be the appropriate time. CITY TREASURER None -44- C. C. 3/8/65 .MAYOR'S REPORTS LETTER OF RESIGNATION FROM THE PLANNING COMMISSION CHAIRMAN Page Forty Five Mayor Snyder: We have a letter of resignation from Mr. Fast resigning as of March 14 which means he will still be here for the next meeting. I would like to see a resolution commending Mr. Fast for his services. Motion by Councilman Krieger, seconded by Councilman Jett, and,carried, that the City Clerk be instructed to draw up a resolution commending Mr. Herman R. Fast for his services to the City, RESOLUTION FOR MR, ADAMS Mayor Snyder: I would like to see a resolution commending Mr. Adams for his services to the City. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, . that the City Clerk be instructed to draw up,a resolution commending Mr.. John Q.. Adams,for his services to the City. TAX REFORM LEGISLATION Mayor Snyder: The purpose of the meeting in Sacramento Wednesday i's Mr. Unruh and Assemblyman Petries have introduced new tax reform legislation and it turns out the Governor also has his tax reform legislation to be introduced and they called this as an emergency meeting so the League could study the Petries' report and the Petries' legislation and come up with recommendations. I will give you a written report on this. The Petries' Bill proposes that all cities and local agencies, school boards, etcetera, would in return for granting a 25% reduction in the property tax the State would collect a three=cent addition under the cigarette tax, property exchange tax and increase the sales tax and reimburse the cities according to the formula and make up for that lost property tax revenue. On the surface that looks pretty good because you can turn right; around and raise your property taxes but there are a lot of faults in - it. Secondly, the Finance Director talked to him and is proposing a five -cent increase in the cigarette tax, one and a half cents which would be returned to the cities and he is also proposing withholding tax for income tax plus an increase in income tax. PLANNING COMMISSION CANDIDATES Mayor Snyder: We do have this study session on the pool and we also have to have interviews for,the Planning Commission. Do we have anything -� for next Monday night.? City Manager, Mr. Aiassa: No. -45- C U • Co C. 3/8/65 Page Forty -Six PLANNING COMMISSION CANDIDATES - Continued Mayor Snyder: How about the 31st for Planning Commission applicants? I think that is fine with everyone, We can take up the pool hall and other items for study session on the 29th. On the 29th we can also bring in ideas for the arguments. This will be at 7:30 P,M, SISTER CITY VISITATION Mayor Snyder: If not, you.will be supplied with one, SUMMER P'ZOGRAM FOR CHILDREN Did you all receive the schedule of the Sister City Visitation? Mayor Snyder: I have a letter from the Office of Economic Opportunity'on this supporting summer program for children. I don't know whether there is anything in support and I am not making a recommendation but it should be investigated, Councilman Heath: I am not in favor of that. ARMED FORCES WEEK Mayor Snyder: We have a letter from the Armed Forces Day Area Commander' suggesting that in the month of May we have Armed Forces Week and that they would be willing to furnish a high ranking officer for any type of dinner we would like to have during that week as the speaker. They also request we make a proclamation of Armed Forces Day on May 15th, I will direct the City Clerk to see if the Chamber of Commerce is interested in that, CONFERENCE .ON SMOG AND AIR POLLUTION Mayor Snyder: We have a letter from the Board of Supervisors asking that the President hold a White House Conference on smog and air pollution. They are asking that we support them by sending a similar letter. Motion by Councilman Jett, seconded by Councilman Heath, and carried, that the Mayor be authorized to.send such a letter as mentioned above. GROSS RECEIPT: TAX Mayor Snyder: Are we about due for the report on the gross receipt tax? -.46 - 0 E C. C. 3/8/66 GROSS RECEIPT TAX - Continued City Manager, Mr. Aiassa: HUMAN RELATIONS COMMISSION Page Forty- Seven The Chamber and the staff are getting to it and there will'be a meeting this week under Mr. Flotten's direction. Mayor Snyder: I don't think it is too soon to bring this up but if the Human Relations.Commission is to continue after their terms are up this year I think possibly there needs to be some changes made in the method of appointment and possibly some changes made in their resolution, I would like to put this on the study session, too, if we have the time. TICKET TAX Mayor Snyder: I would like a report on whether we can have a ticket tax on theaters particularly. Would you make a report for use City Manager, Mr, Aiassa: I will look into it. Mayor Snyder: The San Gabriel Valley Drag Strip had a to tax on their tickets they sold and I am wondering if such a tax is possible, CENTER STREET CONTINUATION Mayor Snyder: There has been some discussion in the past of Center Street continuing west of California by going through in the area of the alley by Thrifty and then going directly out to meet the frontage road. We have someindication that some members of the Plaza would be for this and what:I am asking is that if this were done that this be made as a boulevard type street for the loss of those establishments that the street would take out that we would propose new buildings along this boulevard either to the west or to the east'of the Plaza. These could either be in the character of a mall. I would like to see the staff undertake a study of the alternative designs to accomplish this. We have had some indication thatsome people might be. interested in this, Councilman Heath: I think we should, I was told • one time that if you knock out some parking spaces in that shopping complex that that voids a bunch of leases. Mayor Snyder: I don't think we need to go into that, There are a lot of problems including parking. I think this can be brought out how this can be solved, If it can't be solved we can't do it. Motion by Councilman Heath, seconded -by Councilman Krieger, and carried, that the staff be,instructed to investigate this matter, -47 n U C, Co COUNCIL COMMITTEE REPORTS MEETING WITH MR, GALSTER Page Forty -Eight Councilman Jett: Last week Mr. Aiassa was to make an appointment for us to meet with Mr, Galster, Was anything done about that? City Clerk, Mr, Flotten: It seems that at one time or another one of the committee couldn't make it. We are going to have to wait until you come back from up north before we can make any connections at all, JAPANESE PROPERTY Councilman. Jett: Was there anything done about the meeting with Harry Williams, Mr, Aiassa and myself on the Japanese property? City Manager, Mr, Aiassa: Councilman Jett: City Manager, Mr, Aiassa: HUNTINGTON BEACH FREEWAY That is this Wednesday. I won't be there. Maybe we can take care of it tomorrow. I'll check with Mr, Williams, Councilman Jett: About a year ago the Planning Department or the staff was instructed by motion to make a study of the Huntington Beach Freeway, Has anything ever been done about that? City Manager, Mr, Aiassa: Councilman Jett: I think we should take a look at this, City Manager, Mr, Aiassa: The staff is working on that. They will be starting public hearings on that pretty soon, All we can do is possibly find a better alternate route, Mayor Snyder: If we have an outstanding recommendation to make and we get some indication that the State might accept this we can start . planning a little bit around this, too, City Manager, Mr, Aiassa: The State has looked at this thoroughly, mom C. 3/8/65 COUNCIL COMMITTEE REPORTS - Continued Page Forty -Nine WATER Councilman Krieger: T would request that the news- paper as.much as possible refrain within their discretion from using the figures I am about to give. you. Last,,'Wednesday afternoon the City Manager and the City Attorney and myself spent the afternoon with the representatives of the Upper San Gabriel Water District at their offices in E1 Monte, Present at that meeting was their attorney, Ralph Helm, their president, Frank Bushon, Howard Hawkins and Carl Fossette, 'The dis- cussion.concerned the presentation we would make this afternoon to the Water Problems Committee of the Metropolitan Water District, It also concerned something of the climate of the Upper San Gabriel Valley Municipal Water District as it pertains to their reception of our.resolution, pertains to their tax rate and how it would be applied to our City. The subject of interest came up and the subject of how their directors are elected and what geographical area they represent came up. This afternoon I represented the City Council at the Water Problems Committee of the Metropolitan Water District, This took place in downtown Los Angeles, This was number one on their Agenda and was supposed to last about a half hour and lasted an hour and a half instead, Between 1:30 and 3:00 this afternoon.West Covina was the subject of discussion before the Metropolitan Water District, Present at that meeting was Howard Hawkins who is the Director -Representative from the Upper San Gabriel District on the Water Problems Committee, Tom Stetson representing the engineering staff of the Upper District, Frank Bushon and Ralph Helm was there as the attorney, The Water Problems Committee was made up this afternoon probably of around 12 or 13 men but the room, which i.s a little larger than this one, was totally crowded with other people who apparently had business before this Committee, As a courtesy they placed our matter first on the agenda and the presentation on it was supposed to have been made by Howard Hawkins but their procedural rules are somewhat reminescent inasmuch as some one saw the agenda item, the discussion began somewhere in the middle and slowly got back to the beginning, I will try to brief you as to what.was accomplished and what will probably happen tomorrow when the Board of Directors of the Metropolitan Water District meets, (Gave brief summary of this matter,) Mayor Snyder; Why should we pay back taxes to the district since their formation? What have we benefited from that? We are paying for something we have received nothing from, Councilman Krieger: If you want to come into a business you would invest into it as to what the stock holders have invested into it, I don't require any action tonight, This is strictly a report, -49- 0 0 as Co Co 3/8/65 DEMANDS �s Page Fifty Motion by Councilman Krieger, seconded by Councilman Heath, to approve demands totalling $120,106040 as listed on demand sheets B187, C438 through C441. This total includes time deposits of $409000,00. Motion passed o_n roll call as follows: Ayes_o Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes None Absent: 'N,-one There being no further business, Motion by Councilman Heath, .seconded by Council� n Krieger, and carried, that this meeting -be adjourned' to M.onday,rch 15, 1965 at eight o'clock,, This meeting adjourned at I2e30 A.M. ATTEST: CITY CLERK APPROVED MAYOR -50-