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04-14-1965 - Regular Meeting - Minutesr • 11 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA April 14, 1965 The adjourned regular meeting of the City Council was called'to order by Ma Covina'City Pro Tem Nichols at 7:40 P.M. in the West CovinaCitY y Hall;' Councilman Krieger led the Pledge of Allegiance. The invocation was given by Dr. Konrad Koosman of Christ Lutheran Church. ROLL.CALL Present: Mayor Snyder (from 7:55 P.M.), Councilmen Krieger, Nichols, Heath. Others Present: Mr. Herman R. Fast, Public Services Director & Acting City Manager Mr. Robert Flotten, City Clerk & Admin. Assistant Mr. Harry C. Williams, City Attorney Mr. Harold Joseph, Planning Director Mr. George Zimmerman, Assistant City Engineer Absent: Councilman Jett Mr. George Aiassa, City Manager APPROVAL OF MINUTES March 1, 1965 ) March 8, 1965 ) - March 15, 1965 )' Approved as submitted as follows: Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes of March 1, 1965, March 8, 1965 and March 15, 1965 be approved as submitted. CITY CLERK'S REPORTS TRACT NO. 29515 LOCATION: East side of California Accept Street Improvements Avenue at Bainbridge Harold E. Aim,lee APPROVED Accept street improvements and authorize release of Pacific Employers Insurance Company bond No. 01-B-97193 in the amount of $11,600. Inspector's final report filed. Staff recommends acceptance. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept the street improvements in Tract No. 29515 and authorize release of Pacific Employers Insurance Company bond No. O1-B-97193 in the amount of $11,600. -1- C, C, ' 4/14/6.5 CITY CLERK'S REPORTS - Continued Page Two PROJECT SP-6306 LOCATION: Cameron, California to ACCEPT STREET IMPROVEMENTS Glendora, and Glendora, Jasper N. Haley and D8G Concrete Construction Accept street improvements and APPROVED authorize release of Argonaut Insurance Company bond No, 059472 in the amount of $62,852.23. Inspector's final report filed, Staff recommends acceptance and release of bond. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept street improvements in Project SP-6306 and authorize release of Argonaut Insurance Company bond No. 059472 in the amount of $62052.23. A111-61-2 SANITARY SEWER DISTRICT ACCEPT SANITARY SEWER FACILITIES The Beecher Construction Co. and Jack E, Collins APPROVED authorize release of United Pacific in the amount of $85,889,27. Staff of bond, Inspector's final report LOCATION: Barranca, Virginia, and other streets in Sewer district. Accept Sanitary Sewer facilities for Project A111-61-2 and Insurance Company bond No. B 452142 recommends acceptance and release filed. • Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept Sanitary Sewer facilities for Project A111-61-2 and authorize release of United Pacific Insurance Company bond No. B 452142 in the amo'un�, of $85,889.27, RESOLUTION NO, 3147 The City Clerk presented: T. S. 6431 - Traffic Signals "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA APPROVING CITY-STATE PARTICIPATION AGREEMENT NO. 1791 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TIME SAME" (Project TS-6431 - Traffic Signals - Azusa Avenue from Workman Avenue to Puente Avenue) Mayor Pro Tem Nichols: 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 Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder, Councilman Jett Said resolution was given No. 3147. -2- C. C. 4/14/65 Page Three CITY CLERK'S REPORTS - Continued . REQUEST FOR UNDERGROUND UTILITY EASEMENT LOCATION: City Hall site, General Telephone Company west of Sunset, south of Garvey. Mayor Pro Tem Nichols: We received�a report in the mail on this. I found it self- explanatory, This item is for information only. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the staff be authorized to work with the General Telephone Company in establishment of the permanent telephone utilities to provide underground telephone utilities for the City Hall, RESOLUTION NO, 31.48 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF METES AND BOUNDS SUBDIVISION N0, 135-226" Councilman Heath: This is a subdivision map and it is the final map and it is just • being accepted at this time and in the meantime there are building permits given to permit two buildings to be built on the lot which is a violation of the ordinance. Suppose the Council refused to accept this subdivision right now? City'Attorney, Mr, Williams: Until the final map is accepted no building permit should be issued, • Mayor Pro Tem Nichols: 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 Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder, Councilman Jett Said resolution was given No, 3148, Councilman Krieger: I would like a report from the staff at the next meeting as to who authorized the issuance of the building permit on this particular subdivision, -3- Ca C. 4[14[65 CITY CLERK'S REPORTS - Continued • RESOLUTION NO. 3149 Eichenbaum & Weingart Garvey Avenue ADOPTED • • Mayor Pro Tem Nichols: Page Four 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" 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 Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder, Councilman Jett Said resolution was given No. 3149. RESOLUTION NO. 3150 The City Clerk presented: Mayer "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" Mayor Pro.Tem Nichols: 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 Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder, Councilman Jett Said resolution was given No. 3150. CITY ATTORNEY ORDINANCE NO. 918 Z.C. 335 — Beattie & Miller ADOPTED 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 CERTAIN PREMISES" (ZC '335, Beattie & Miller) Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to waive further reading of the,body of the ordinance. -4- • n C. C. 4/14/65 Page Five ORDINANCE NO. 918 - Continued Motion by Councilman Krieger, seconded by Councilman Heath, that said ordinance be adopted. Motion passed on roll call as follows Ayes: Councilman Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder, Councilman Jett Said ordinance was given No. 918. ORDINANCE INTRODUCTION Z.C. 337 - Moeck The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE A PART OF CERTAIN PREMISES" (ZC 337, Moeck) City Clerk, Mr. Flotten: This has to do with proposed Annexation No. 189. We have been requested by the Formation Commission to submit a resolution to them withdrawing this application in that if we didn't do that they would turn it down and we couldn't apply again for a whole year. This application was not legal in the first place. It is too narrow for the length of it. City Attorney, Mr. Williams: I think it is proper to dispose of this. The.actions on zoning and,the unclassified use permit are contingent upon annexation anyway. There is no reason you have to dismiss those. Go ahead and drop this annexation proceeding. These will have no effect until it is later annexed which it may or may not be. Mayor Pro Tem Nichols: This ordinance would be held in abeyance -and would be definitely on the books and become operative at any time that annexation would occur? City Attorney, Mr,, Williams: Yes unless you took contrary action before that. You can deny the zoning or you can allow the zoning proceeding to remain open. City Clerk, Mr. Flotten: Suppose that we now start annexation proceedings that includes this property. What would happen? City Attorney, Mr. Williams; I think if we start it as a continuous, process of the thing that is now going on that this would stand. (Mayor Snyder entered the chambers at 7:55 P.M.) 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. -5- Co C. 4114/65 Page Six CITY ATTORNEY - Continued • RESOLUTION NO.,3151 The City Attorney presented: U.U.P. 99 - Moeck "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA . DENYING UNCLASSIFIED USE PERMIT NO* 99" (Moeck) Mayor Snyder: Hearing .no objections, we will waive further reading of the body of the resolution, Councilman Krieger: I voted for the approval or against denying the unclassified use permit but inasmuch as the matter seems moot because of the report we have before us, I will vote for this resolution. Motion by Councilman Heath, seconded by 'Councilman Krieger, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: Councilman Jett Said resolution was given No, 3151. • Councilman Krieger: It seems to me that this Council has wasted considerable time considering the zoning and the unclassified use permit and precise plan on this piece of property and it would behoove us in the future to get our annexations more in line so we don't run into this kind of impass in the future and I would suggest the staff before they initiate annexations in the future make sure they know what the minimum requirements are for annexation, ORDINANCE INTRODUCTION Z.C.'338 - Ebiner The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 338, Ebiner) Motion by Councilman Krieger, seconded by Councilman Heath, and carried,. to waive further reading of the body of the ordinance. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that said ordinance be introduced, RESOLUTION NO, 3152 The City Attorney presented: • Annexation No. 189 "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA WITH- DRAWING ITS APPLICATION FOR ANNEXATION NQ. 189 FROM THE LOS ANGELES AGENCY FORMATION COMMISSION" Mayor Snyder: %Hearing no obj ect--ions; we will waive further r.eA4ng of ' the body of the resolution. -6- • C. Co 4/14/65 Page Seven . RESOLUTION NO. 3152 - Continued Motion by Councilman Heath, seconded by Councilman Krieger, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Krieger, Noes: None Absent: Councilman Jett Nichols, Heath, Mayor Snyder Said resolution was given No. 31.52, ORDINANCE INTRODUCTION Speed Limits The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.WEST COVINA AMENDING SECTIONS 3190 AND 3191 OF THE WEST COVINA MUNICIPAL CODE RELATING TO SPEED LIMITS ON CERTAIN STREETS" 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 Erieger, and carried, that said ordinance be introduced. RESOLUTION NO. 3153 The City Attorney presented: Assistant City Attorney "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA APPOINTING RICHARD._R. TERZIAN.AS ASSISTANT CITY ATTORNEY" " City Attorney, Mr. Williams: (Read said resolution in full.), Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted,. Motion passed on roll.�Call as follows: Ayes: Councilmen Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: Councilman Jett Said resolution was given No; 3153. SCHEDULED MATTERS HEARINGS • ZONE CHANGE NO. 336. LOCATION: We ve and Truman soo Place Leonard Jones & Leo Howard east of Glendora, north APPROVED of Merced Avenue. Request to reclassify from Zone R-A to Zone R-P denied by Planning Commission Resolution No. 1766. Called up by Council on March 8, 1.965. Held over from' meeting of March 22, 1965, With hearing left open, to April 12, 3:9'65. Held over to April 14th - applicant notified. -7- Co C. 4/14165 Page Eight ZONE CHANGE NO. 336 'Continued Mayor Snyder: We have a report from the Planning Department on this matter. Councilman Heath: I am under the apprehension that the Skeleton property was condemned and purchased by the City with the idea in mind of rezoning it the same way,we did the Hanifan property and selling it. To rezone this property and sell it would repay us for the amount of loss we had due to the property taken for the street. Maybe somewhere along the line I misunderstood. I feel we are going to take a loss if we condemn the Skelton property and then take a chunk :of it, ruin the house and then sell it for R-1 again. City Attorney, Mr. Williams: This case involves a possible very serious consequence and a possible lawsuit. I.,presume you are all aware of this. If not, Ithink we should privately discuss this. Councilman Krieger; It might be advisable to have a conference with the City Attorney on that litigation prior to proceeding with this matter. Mayor Snyder: I will declare a short recess while the Council meets in • an executive session. .(Short recess.) Mayor Snyder: We have the Planning Department report which in effect does not support the zoning of the property to R-P. We have had discussion with the City Attorney.in executive session. Would the Council care to discuss this matter? The hearing is still open. City Attorney, Mr; Williams: Has the applicant received a copy.of the Planning Department report? Mr, Leonard Jones: No. I am aware of the report because Mr. Joseph did me the courtesy of telling me some of the essence in it over the phone.. I have not seen it. Mayor Snyder: Do you wish to make any rebuttal to this report on your awareness of it or do you wish to have time to read it? Mr. Leonard Jones:. No. I think you are fully aware of our position and how we feel About it and how we feel this is definitely a value for the City and we have shown what we are,willing to do in cooperation and we • request that this be clone. The neighbors are for it. We feel it is very obviously for the benefit of the City and we are willing to deed the land. Mayor Snyder: At what.time? Mr. Leonard .Jones: At such time as,a.ur request is granted. C, 'C, ' 4114[65 Z'OPSE CriANG'� NO'. 336 Continued • City Attorney, Mr. Williams: Mr. Leonard Jones: • City Attorney, Mr. Williams: Mr. Leonard Jones: City Attorney, Mr. Williams: Mr, Leonard Jones: ingress and egress for that house. City Attorney, Mr. Williams: Mr. Leonard Jones: City Attorney, Mr. Williams: Mr. Leonard Jones: City Attorney, Mr. Williams: Page Nine As the zoning is_effective? Yes. Would you be willing to forfeit' any right of entry from that little corner? Surely. You would deed a one -foot strip to the City? The lot split would let us build one nice house. We would want I am talking about the part you have asked to have R-P. Would you shut that off from the back street? I would be very happy to. By deeding a. foot or two to the City? Well, whatever is necessary. This is the usual way of the City assuring you can't get out because the City owns enough space. Mr. Leonard Jones: That is what we assumed would happen. The neighbors don't want ingress and egress on that street. We would also share in the cost of the improvement of the street which we understand our share is to be the curbs, the gutters and four feet of the paving. Councilman Heath: Mr. Leonard Jones: Councilman Heath: Both you and Mr. Shaub would do that? Yes. And you would grant the street right-of-way when the zoning . becomes effective on this parcel? Mr. Leonard Jones: Yes. City Attorney, Mr. Williams: Both of you? • Mr. Leonard Jones: That is my oral understanding with Mr. Shaub. I believe Mr. Joseph can confirm that. Don't you feel he has indicated to us that he would do that? Planning Director, Mr. Joseph: He has talked to me that he has a willingness to do this.indepen- dently, by himself. He has expressed a feeling that this would .be done. ME C. 'C. ' 4/14/65' 'ZONE 'CHANGE NG7 , 13'6' Continued. Page Teri • Councilman Heath: This parcel to the east of the proposed right-of-way is, rather small and I feel that if this street was cut through that the parcel would be a more usable parcel if it was deeper and we added this part that this man is asking for rezoning. If there could be some connection between the street right-of-way and the zoning, and I think there is -- • Councilman Krieger: Mr. Leonard Jones: City Attorney, Mr. Williams: Mr. Leonard Jones: is for this one residential lot. Councilman Krieger: This is just a zone change ex- cluding that lot which is presently R-A. I see. You draw a line there and the remainder is R-P. The access you would surrender would be the part where the arrow points. The only ingress and egress on Wescove we want to keep We own that lot. Is it your intent to file an application to have that rezoned to R-1? Mr. Leonard Jones: There would be no purpose as far as we are concerned. It is already zoned for a house. It'is R-A at.the present time. Mayor Snyder: This report from the Planning Department, you stated you are aware of what is in it and you will waive any rebuttal to this? Mr. Leonard Jones: I will waive my right to rebut. There being no further public testimony, the hearing was closed Councilman Nichols: This is one matter I have given a great deal of thought to personally from the standpoint of the basis of zoning, the implication that is created in my mind that the City is, in effect, being asked to trade zoning for street dedication and the thought in my own mind that really zoning should be considered separately on its merits and then the consideration of the zoning request by itself on its merits and then the alternatives that are available to the Council and finally the ultimate responsibility of the Council in trying to operate the City in the most efficient and economical way without damaging. unnecessarily residents of the community. Although certain aspects of this request tend to go very strongly against my concept of how I should meet requests for zoning, I believe in the broadest picture of what is in the best interests of the City overall and as weighed against the implications of what this zoning will or will not do in the neighborhood, I believe I would favor _this request for zoning as submitted here. -10- C, C, ' 4114f65 Page Eleven ZONE CHANGE NO, 336 - Continued • Councilman Heath: My feeling is quite similar to what Councilman Nichols just expressed, I feel first we should consider zoning and I don't feel we are trading zoning for right-of-way here, I have felt when this case came up before us two or three years ago that that parcel we are talking about now should have been R-P. I voted for it to be R-P at that time and I still think it should be R-P to make.a piece of property that can be developed, Therefore, I don't feel that this is regarding zoning for the right-of-way because I feel that parcel should have been R-P zoning in the beginning. Councilman Nichols: I feel at least the surface implication is one of trading right-of-way for zoning, It rather appears that way and certainly in all candor where the applicant has not given this Council any indication of a desire.to dedicate such right-of-way unless such zoning is.granted I would say it rather constitutes a trade on the face of it and I don't think one can escape that implication. On the other hand9.if the Council wishes to stand on the thesis I just proposed and accept that thesis and then says in effect we won't do it that way but we must have this street and then we proceed to acquire it otherwise and spend $60,000 of the taxpayers' money to acquire a street based on a philosophical stance we have taken, I think, • perhaps we are also in a position of being subjected to some philo- sophical criticism. It is one of those cases where one has toweigh his own value system and determine the righteousness of his move. I don't think this will be detrimental to the neighborhood and the saving to the citizens of West Covina and the rather prompt extension of a badly needed street improvement is a more pressing matter. Councilman Krieger: The property in question has obviously had a tortuous history which predates my service on the Council. I would prefer not to engage in strained interpretation of this application to arrive at a conclusion, The report from our Planning Department would suggest to us that to rezone this land would leap -frog existing R-1 property and expose the neighborhood to adverse environment. 'Looking at the zoning map I can't quite tell what is infringing on what. My immediate concern would be to avoid a situation.developing where Wescove Place develops into a professional thoroughfare and I would feel that the applicant's interest could be served as well as the City's interest in this particular matter if there were inconsistencies between the two interests and our decision would have to be resolved in favor of what would be most beneficial to the City. I feel that if there is adequate protection for Wescove Place that the present, zoning immediately around the hrea suggests.justification as well as the neighborhood in general for the type of zoning that.the.`applicant requests. The gratuitous offers made by the applicant in support .of his application certainly should Cause the Council to take full advantage of the same in weighing their.determination and I would be • most pleased to hold the applicant to his manifestation in regard to the future development of this street. I would be in favor of the zoning with adequate limitations. Mayor Snyder: I agree with the stance of -the Council as expressed so far except with one reservation. I.opposed the. R-P and the filling station in the beginning and I -can't remember whether I voted for or against the.,final outcome. In philosophy I opposed it. If my vote was needed _I would vote for this zone change tonight but I will vote "No" because of my acquaintance with the past history. -11- C. C. V14165 'ZGN`E 'CHANGE NO,,- 3 3 6- Continued. Page Twelve Motion by Councilman Krieger, seconded by Councilman Heath,.and carried, that Zone Change No, 336 be reclassified from R-A to R-P upon the basis that the zoning shall not become effective until there is a full realignment of Merced Avenue to a width of 80 feet and when a one -foot strip between the portion so rezoned and Wescove and Truman Place has been deeded to the City in fee simple. Mayor Snyder: My vote -was a reluctant "Aye". City Attorney, Mr. Williams: This will take effect when the City has acquired a'80=foot right-of-way from Glendora to the end of the pur.p-ie on the map and when it has acquired a deed to a ope=foot strip separating the part that would be R-P from the Westocve - Truman Place. Mr, Leonard Jones: Do you wish to include that we will participate in the development of the street or could we sign something, or what? City Attorney, Mr. Williams: If you want to say when the street has been dedicated and improved or you can when it has been dedicated. Councilman Krieger: I would like to amend my motion • to read ". . . until there is a full realignment and improvement of Merced Avenue to a width of 80 feet, . ." instead of ". . until there is a full realignment of Merced Avenue to a width of 80-feet. . ," Mr, Leonard Jones: - We could deed the land and if the City doesn't improve the street where might we be? Councilman Heath: That is the point. I think the improvements should be left out and the right-of-way dedicated.because then you have control. City Attorney, Mr. Williams I think the improvement would normally bepicked up at the time of the precise plan development. It is not ordinarily prudent to make a developer put in curbs and gutters and ruin them and put them all in again when he develops. Public Services Director, Mr, Fast: Your one -foot strip you talked about adjacent to Truman and Wescove Place, were you excluding the one -foot strip along the northern boundary separating from existing R-l? City Attorney, Mr.. Williams: No. Councilman Krieger: I am taking the legal description that we have before us in this application and excluding a one -foot strip along the northern boundary of,that which would be deeded to the City. This is just a cul-de-sac. Mayor. Snyder: I think as long as we have the dedication we are all right. -12- C. C. 4/14/'65 Page Thirteen 'ZC.NE CHANGE N0, 336 Continued . Mr. Leonard Jones: I am not concerned about that so much. I. feel that if we deed the land there should be something in our understanding that there is an assurance that that street is going to be put in within a reasonable, length of time. • • City Attorney, Mr. Williams: There is no promise one way or; -the other a's to how the improvement' cost will be born or divided between the City and the property owner at this time. You will come in with a precise plan at some time. Councilman Krieger: Mayor Snyder: Councilman Krieger: Has there been a recorded vote on the original motion? Yes. Then the proposed amendment fails for lack of a second. Mayor Snyder: That's correct. I would suggest that in view of the fact that this zoning.has been passed by the City Council perhaps the Planning Commisson might like to take another look at the Skelton property in the light of .the new pattern of zoning. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the City Council request the Planning Commission to review the zoning of the Skelton property On Merced Avenue. PLANNING COMMISSION TRACT N0, 282.20 Southern California Savings and Loan Association APPROVED LOCATION: Southerly of Hidden Valley Drive, Holien- crest Drive and Alpine Drive. 95.0 Acres - 171 Lots - R-1 A.D. IV (City) and A-1-5 (County Zoning) Denied by Planning Commission on March 17, 1965. Appealed by a.ppli.cant March-19, 1965. Referred back to Planning Commission by City Council on March 229.1965 for further study and report with the consent of the applicant.. Review report. Held over to April 14th - applicant notified. Councilman Krieger: satisfied, is that basically correct? Planning Director, Mr. Joseph: The reference back is such that the Planning Commission.is now That's correct. Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that Tract No. 28220 be approved subject to the conditions imposed by the Planning Commission. -13- C. C. 4/14/65 Page Fourteen TRACT NO. 28220 Continued. • Planning Director, Mr, Joseph: Pursuant to Section 9220.21, the Planning Commission adopted a formal resolution approving these lot sizes. According to the City code the City Council by motion has to accept the Planning Commission findings on this tract and accept the Planning Commission resolution, Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, to approve lot sizes and dimentions set forth in Planning Commission Resolution No, 1773 for Tract No. 28220, METES 8 BOUNDS NO. 135-238 LOCATION: Southeast corner of. William A. Wilson California.Avenue and HELD OVER Bainbridge Avenue, 1.13 Acres - 4 Lots - Area District II, Approved by Planning Commission on April 79 1965. City Clerk, Mr, Flotten: (Read recommended conditions of the approval by the Planning Commissions) City Attorney, Mr. Williams: In listening to this the first • condition is that we take .dedication of the rear of this property for half ofa street which will be St. Malo. That does not connect to St. Malo presently in either direction. We are, therefore, taking two things that bother me. We are taking a dedication of something we cannot reach because we have not reserved any easement to get to it. Further, we'have allowed the property to be developed into four lots but we said you can't build on the rear two even though you have dedicated and we have. accepted the street adjacent to it. Under what authority can we with- hold the building permit on those rear two lots? I.see clearly the purpose of the condition but it would appear to me that you would say that this lot split approval shall not be effective until St, Malo is connected either by easement or public dedication so that we can get there and they can get,to their lots in the rear or else the present purpose is only to sell off one of the front lots, let that be effective now leaving the other three as a single parcel. Councilman Nichols: There would be no access to these rear lots until St. Malo was put in there, They couldn't build on them anyway. City Attorney, Mr; Williams: The question is can we grant a lot split permitting them to be separate lots and then say they cannot build on what we have allowed. • Councilman. Heath: We have done this on Virginia Avenue where we have required the rear of a deep property to dedicate a part to be a future street. City Attorney, Mr. Williams: But we didn't say they couldn't build on what we created as lots. -14- C, Co 4114165 Page Fifteen. METES & BOUNDS NO, 135-238 - Continued Councilman Heath: Doesn't the ordinance read that every lot must face on a public street? City Attorney, Mr, Williams: No, We have several streets in the City that are not public streets, Planning Director, Mr, Joseph: How about an offer of dedication? City Attorney, Mr, Williams- That is a possibility, The only difference would be we would not be charged with that half street until St. Malo was connected. This would relieve half of my worry, Councilman Krieger: I don't see where the burden is on the City to solve this problem for the developer. It is suggested there are more reasons not to approve it at this particular juncture than there are reasons to approve it, City Attorney, Mr. Williams: I would be inclined to approve it but with a condition that there be an open offer of dedication to the rear of. St. Malo and that lots • 2 and 3 shall, not be effective until either a dedication or by easement be useful to him. Motion by Councilman Nichols, seconded by Councilman Krieger, and carried, that Metes and Bounds Subdivision No, 135-238 be referred back to the staff for a further report and that the staff analyze this matter further from both the legal standpoint and the position of.the applicant and report back at the next Council meeting, REVIEW PLANNING COMMISSION ACTION OF APRIL 7, 1965 RECREATION 9 PARKS GALSTER PARK EXTENSION So indicated by Mr, Flotten, (No items called up.) Public Services Director, Mr. Fast: We made a presentation to the Council at the last meeting where we showed a tentative location for the addition to Galster Park and at that meeting you requested that we come up.with more specific and precise location f.or the 30 acres addition and also the possible • access to it, (Presented map and explained same,) Mayor Snyder: Home Savings is.allowed access to the dump sites from Azusa Avenue when Azusa Avenue goes through. That would be another route. into the park. I made the motion myself, -15- Co Ca ' 4114165 GALSTER PARK EXTENSION —Continued Page Sixteen • Councilman Heath: I thought the only access would be off of Nogales, Assistant City Engineer, Mr, Zimmerman: I think we had better review that, Councilman Krieger: It seems from the report that the primary problem we are faced with would not be the configuration of the property because you indicated the topography would be relatively flat but the access routes. Planning Director, Mr. Joseph: Yes, Motion by Councilman Heath, seconded by Councilman Krieger, and. carried, that the report on the Galster Park Extension be received, GENERAL MATTERS ORAL COMMUNICATIONS • None WRITTEN COMMUNICATIONS WEST COVINA UNIFIED SCHOOL PoToAo COUNCIL REQUEST City Clerk, Mr, Flotten: The Council has copies of this letter from the West Covina School District regarding a cooperative program between the West Covina Unified School District and the West Covina Police Department in the area of bicycle and pedestrian safety. The letter'is signed by F. W, Cooper and dated April 91 1965. Mr. Frank W, Cooper: I represent the P.T.A. Council of the West Covina Unified School District. Between the months of July and December.of 1964 there were 15 accidents reported to the West Covina Police Department that involved bicycle riders or pedestrians. We are concerned about this problem and feel we have a program which may .provide a reasonable solution to it,, We have done a great deal of checking and have Chief Sill's word of assent in terms of cooperating with the West Covina School District in a program sponsored by the P.T.A. Council whereby the Police Department would give notifications which they • legally have"the right to do but warning notices to students who commit infractions of the law while riding bicycles or as pedestrians. These warning notices,;there would be one given to the student and the only other copy would be mailed"to the school district and in turn funneled along'to the student's`pr.ncipal or assistant principal whereupon the principal would call the youngster in and discuss with him what he has done wrong, what he should do to correct his behavior in the future, would perhaps give him a general bicycle and pedestrian safety examination and if :he failed he might perhaps be asked not -16- C. C. ' 4114/65 Page Seventeen WEST COVINA UNIFIED SCHOOL P.T.A,_COUNCIL REQUEST - Continued • to ride his bicycle to school for a week and then take the examination again at the end of a week and upon passage -of it would be permitted to ride his bicycle. Also, .the principal would send a letter to the parents informing them of the warning notice and that will be returned by the parent signed to the principal. There would be no records kept in the Police Department whatsoever, This would avoid a juvenile, probation court hearing. We ask you to support us in this programs The P,T,A, Council. is sponsoring it and we ask for a resolution of endorsement from the City Council and also.a proclamation from the Mayor establishing April 26th as the kick-off date for this program. This goes beyond the West Covina School District because the West Covina Police Department also takes in portions of the Covina Valley, Rowland and Bassett School districts, We have contacted the super- intendents of these districts and have also their cooperation and affirmation from them. In addition we have contacted the six private and parochial schools in the West Covina area and have indicated cooperation from.them as well. I would be happy to answer any questions you might have. Mayor Snyder: _ If there are no objections, I will proclaim that April 26, 1965 is the starting date of this program, Bicycle and Pedestrian Safety, (No objections voiced,) So proclaimed, Motion by Councilman Nichols, seconded by Councilman Fieath, and carried, that the Council direct the City Clerk to prepare a resolution of support.for adoption on April 26, 1965, City Attorney, Mr, Williams: I think you cannot give an absolute direction to the police officers that they cannot arrest and if you did I think you would defeat the purpose you are trying to accomplish. You establish a policy. There is only one thing about this that bothers me and that is this: The statement that they shall not keep a copy, I think that the only way they can determine whether there is a repeat offender is to keep a copy. Furthermore, there is a State law that anything done by a City is a public record and I think that we may be obliged to keep a copy of even a warning notice and there may be an advantage though it need not perhaps be made public. If you find that you repeatedly have picked up some children and in spite, of this I think you can't tell a police officer he can't give a citation, Mr, Frank W. Cooper: This is simply a mild -enforcement program based on education but not compulsory. The officer can give a citation.at any time, • Mayor Snyder: The police have already said they won't give citations. We.ar.e just endorsing them, not directing them, -17 C. C. 4114/'65 Page Eighteen 'WEST 'COVINA UNIFIED SCHOOL,P,T.A. COUNCIL REQUEST Continued 0 Councilman Nichols: being kept in their own file, though. Mr. Frank W. Cooper. necessary unless I misunderstood him. City Attorney, Mr. Williams: ASSEMBLY BILL NO. 733. You might check`with the Chief on that matter 'of.a third copy I have checked with him and he indicated it would not be I will look into this. Public Services Director, Mr. Fast: We have a letter from Phil Soto regarding Assembly Bill No. 733. The measure was passed at the Assembly and is now in the Senate Transportation Committee. The League of California Cities asked the various cities to respond to their Assemblymen on the Committee in regard to this. We responded to Phil Soto. It did pass the Assembly. It is now in,the Senate Transportation Committee and they are asking us to contact the Senate Transportation Committee members and give the same endorsement. Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that the staff be directed to write a letter for the Mayor's signature reaffirming the Council's support of this legislation. CITY MANAGER REPORTS PROJECT BP-6407 RIGHT-OF-WAY ACQUISITION Public Services Director, Mr. Fast: EARLY BIRD BREAKFAST East side of Azusa Avenue between Cortez Street and Walnut Creek Pkwy. This is for your information only. We have nothing to report at this time. Public Services Director: The Mayor is requested to make an appointment for -representation at the Early Bird Breakfast for th.e.General Telephone meeting on April 20. Mayor Snyder: • Councilman Heath: Mr. Heath, will you go? Yes. -18- C. Co 411416S Page Nineteen 'CITY MANAGER REPORTS - Continued • CITY HALL CLOSING GOOD FRIDAY Public Services Director, Mr. Fast: Friday there will be a,closing of the City Hall from 12 to 3 in accordance with the Personnel Ordinance, K] 0 4-WHEEL SWEEPER DEMONSTRATION Public Services Director, Mr. Fast: Friday at nine o'clock for all those who,want to observe a four-wheel street sweeper in action, please meet at the City Yard.. JAPANESE PROPERTY Mayor Snyder: CITY CLERK DIVISION OF HIGHWAYS STUDY FOR PLANNING A CONTINUING HIGHWAY PROGRAM (AFTER 1972) City Clerk, Mr. Flotten: PAN AMERICAN DAY We will retire for discussion of this to an executive session. (Short recess.) The Council has copies of this. This is for your information.. and PAN AMERICAN WEEK City Clerk, Mro Flotten: We have a request from the Pan American Union to proclaim April 14th as Pan American Day and April 18 through 24 as Pan American Week. Mayor Snyder: If there are no objections, I will so proclaim. (No objections voiced.) So proclaimed. -19- C. C. ' 411416S Page Twenty 'CITY 'CLERK Continued . COMPLAINT • 9 • City Clerk, Mr. Flotten: We have a complaint from Mr.' James.C. Huff of 2105 Del.Cerro Drive. He ran into a chuckhole on Cameron Avenue. Motion by Councilman Heath, seconded by Councilman Nicholso and carried, that this complaint be referred to the insurance carrier. ABSENTEE BALLOTS City Clerk, Mr. Flotten: Mayor Snyder: City Clerk, Mr. Flotteh: CITY TREASURER None MAYOR'S°REPORTS BILLIARD PARLORS May 4th is the last day on which you can obtain an absentee ballot. Will you give a statement to the paper? We have. .Mayor Snyder: We were going to discuss billiard halls tonight., Do you want to do that? Councilman Nichols: I am not ready to make a decision. We left it on the basis we would visit them. Mayor Snyder: We Will put this on the agenda for, next Monday night. Also for next Monday night we should put on the agenda the Planning Commission appointment. City Clerk, Mr. Flotten: All right. MEETING WITH MR. YEAGER Mayor Snyder: Councilman Heath: this coming week with Mr. Yeager. Have you.met with Mr. Yeager? No.° I have to get a hold of Mr. Nichols and have a meeting -20- C. C.' ' 4f14165 MEETINGWITH MR. YEAGER - Continued Councilman Nichols: don't you try for Friday morning? Councilman Heath: BLUE RIBBON COMMITTEE Page Twenty -One It would be better to have it the end of this week. Why All right. Mayor Snyder: This Blue Ribbon Committee as I told you the Chamber indicated they wanted the Council to be responsible. I was going to have a meeting with Mr. Seeds and I can't have a meeting with him until later this.month. We will hold it over. - ASSEMBLY BILL NO. 1218 Mayor Snyder: We have a communication from the City of Redding regarding supporting enactment of Assembly Bill 1218 pertaining to the purchase of revenue producing facilities by local agencies. • Councilman Nichols: I read it. It seemed meritorou,s to me. Councilman Heath: I don't think we have anybody on the staff who is expert enough to predict whether the revenues would pay off the purchase. I think this is a specialty in itself and I would still be in favor of retaining revenue bonds. Councilman Nichols: You have that. This doesn't supplant -that. It provides another vehicle if a city desired to and it seemed feasible to purchase it through the pledging of,revenues.; You would have the right to do that. Mayor Snyder: We will take no action on this. TABLOID COST Mayor Snyder: We have a report on the tabloid cost. We wanted to know what was going to be in this tabloid so that report is incomplete. • Public Services Director, Mr. Fast: All right. -21- C. C. - 4/14-16S 'MAYOR'S REPORTS Continued . SCHLANGER 6 CURTIS SIGN Page Twenty -Two Councilman Heath: Does Schlanger and Curtis have lights on their signboard down there advertising their new building? Public Services Director, Mr. Fast: I don't think so. I'll check. Councilman Heath: If they have lights I would press a complaint. POPPY DAY Mayor Snyder: We have a request from the American Legion for naming Poppy Day on May 2'8th. If there are no objections, I will so proclaim. (No objections voiced.) So proclaimed. Motion by Councilman Heath, seconded by Councilman Nichols, and tocarried, that the American Legion be allowed to sell poppies on May 28 and 29th, 1965. SISTER CITY VISITATION Mayor Snyder: I am going to write letters of commendation to Mr. Beem, Mr. Hen rich and all those people associated with the Sister City visitation. Councilman Nichols: I think it would be appropriate if you say on behalf of the City Council. Mayor Snyder: All right. Councilman Heath: Where are you going to get your list from? There were so many people. If you send individual letters you will miss somebody. Councilman Nichols: I think if you write a letter to Mr. Hendrich as Chairman of the Foundation, address it to the Foundation care of him, and in it you ask him to reconvey the Council's appreciation to all those who participated. Mayor Snyder: All right. We will do it that way. -22- Ca C. ' 4114165 Page Twenty -Three MAYOR'S REPORTS - Continued PRESS RELEASE Councilman Nichols: There was an article in the Daily Tribune yesterday which stated that Councilman Nichols and a few representatives of the Chamber were prepared to recommend some tremendous study towards a $101000,000 railway. How they got that concept and linked me with it I don't know but I wanted to inform the Council that their reporter called me that morning and asked me what had ?one on and my sole answer to him was that I had only gone along as a guest and that I didn't want to make any comment whatsoever about the conferences that were held and if they desired any information they should contact the Chamber of Commerce whose project that was in its entirety. COUNCIL COMMITTEE REPORTS BOND ISSUE. Councilman Nichols: Mayor, in relation to your communication dated 'April `.7 you state in the last paragraph that we will be asked to be members of the speakers bureau and be engaged in active campaigning. .In limited conversations I had with some of the people who are active in this the feeling, was that it would be much better if the Council. members individually did not run the point.on these campaign approaches and that we have many of our own citizens,who should do this job. Mayor Snyder: It should have been "may be asked". Councilman Nichols: I feel from my own standpoint rather that I am kind of left out of what is going on and that you fellows have not taken sufficient pains to inform us or me of the various steps that are being taken to organize the program in the community. Mayor Snyder: I agree. Probably it has been a matter of time more than anything else. Why don't we have a breakfast meeting. Councilman death: I think your point is well taken. I would like to know what is going on although what has been done I am in agreement with. Councilman Krieger: My telephone is always open and I would have appreciated a call from any Councilman any time asking me what was going on and I would discuss this with you fully. I have no desire of keeping this under the table. -23- 0 0 C. C,, 4/14[65 Page Twenty -Four 'COUNCIL COMMITTEE REPORTS Continued INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS City Clerk, Mr. Flotten: This is on',the budget and it has been approved. I am on the panel there this time. This4s in Denver. DEMANDS Motion by Councilman Krieger, seconded by Councilman Heath, to approve demands totalling $719,185.5,0 as listed on demand sheets B1919 B1920 Payroll register,C442 through C447. This total includes fund transfers of $2.56,336.33. payroll of $177,536.59 and time deposi,ts of $1 25 000.00 Motion passed on roll call as follows: Ayes: Councilmen Krieger, Noes: None Absent: Councilman Jett Nichols, Heath, Mayor Snyder There being no further business, Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that this meeting be adjourned to Monday, April 19, 1965 at 7:30 P.M. The meeting adjourned at 11:30 P.M'.—'.. ATTEST: CITY CLERK MAYOR -24-