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04-26-1965 - Regular Meeting - MinutesR MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA April 26, 1965 The regular meeting of the City Council of the City of West Covina was called to order by Mayor Pro Tem Nichols at 7:40 P� . in the West Covina City Hall, Councilman'Krieger led the Pledge of Allegiance. The invocation was given by Rev. John Gunn of the First Baptist Church of West Covina. ROLL CALL Present: Mayor Snyder (from 7:50 P.M.), Councilmen Jett, Krieger, Nichols, Heath Others Present: Mr; Robert Flotten, City Clerk & Admin. Assistant Mr. Herman R. Fast, Public Services Director & Acting City Manager Mr.' Harry C. Williams, City Attorney (from 7:45 P.M.) Mr. Harold Joseph, Planning Director Mr. George Zimmerman, Assistant City Engineer Absent: Mr. George Aiassa, City h'aanager APPROVAL OF MINUTES March 22, 1965) - Approved as submitted as follows: April 5, 1965) Motion by Councilman Kreiger, seconded by Councilman Heath, and carried, that the Minutes of March 22, 1965 and April 5, 1965 be approved as submitted. March 29, 1965 - Held over as follows: Councilman Krieger: I haven't had the benefit of receiving a copy of these Minutes. It is my recollection that Mrs. Scott was absent that meeting and the City Clerk took the Minutes. I would request that the approval of these Minutes be held over until I have had the opportunity to review them. Mayor Pro Tem Nichols: So ordered. CITY CLERK'S REPORT METES & BOUNDS SUBDIVISION 135-201 LOCATION: South side of Virginia, Accept Street Improvements east of Barranca Street. Philip Gindes , APPROVED Accept 'street improvements in Virginia Avenue, Authorize • release of Northern Assurance Company of America bond No. SY-721 in the amount of $710. Staff recommends acceptance. -1- • Co C. 4/26165 METES 6 BOUNDS SUBDIVISION 135-201 - Continued Page Two Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept street improvements in Metes and Bounds Subdivision No, 135-201 and authorize release of Northern Assurance Company of America bond No. SY-721 in the amount of $710.00. RESOLUTION NO. 3154 The City Clerk presented: Sanitary Sewer A111-61-2 "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Los Angeles County Flood Control District) Mayor Pro.Tem Nichols: Councilman Krieger: Mayor Pro Tem Nichols: Hearing no objections, we will waive further reading of the body of the resolution. I'think the staff should be complimented on saving $7,000 in this matter. I agree. Motion by Councilman Heath, seconded by Councilman Krieger,.that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder Said resolution -was given No. 3154. (Mr. Williams entered the chambers at 7:45 P.M.) RESOLUTION N0, 3155 The City Clerk presented: Vacate Glendora & Garvey Avenues "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO VACATE A PORTION OF GLENDORA AVENUE AND GARVEY AVENUE" "(Hearing set for May 24, 1965) Mayor Pro Tem Nichols: Hearing no objections, we will waive further.reading of the body of the resolution. Councilman Jett: I understand.Richfield Oil Company had to file for a variance because it would be necessary for them to rearrange their station because of the State taking this additional land. Why would it be necessary for them to be forced to apply for a variance? Why wouldn't we initiate this if it is necessary? -2- C. C. ' 4/26/65 RESOLUTION NO 315-5 'Continued Page Three Planning Director, Mr, Joseph: They are not filing for a variance, They are filing for an amendment to their precise plan and it will go before the Review Board, It is.an administrative procedure. The cost is $10.00. We send notification to just the immediate adjacent property owners, Councilman Krieger: At what stage is the dedication on the portion? Public Services Director, Mro Fasts We will hold the dedication and the vacating.to be consumated on the same date but we have to set the hearing to keep it going, Motion by Councilman Heath, seconded by,Councilman Krieger, that said resolution be adopted... Motion passed on roll call as follows-. Ayes: Councilmen. Jett, Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder Said resolution was given No, 3155, • REPORT ON WEED 6 RUBBISH ABATEMENT Requested by Council as a result of objection by Mr, A, M. Gilmore at protest hearing on 3/22/65, Mayor Pro Tem Nichols: I believe the recommendations of the staff were that in lieu of the additional cost for chemical control at present and certain aspects of such a control program that the City continue to use the existing procedure for weed abatement within the City, Councilman Heath: Do we have to formally deny the protest? Public Services Director, Mr, Fast: I think you overruled.the.protest at the time of the hearing. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the present program of weed control be continued based on the recommendations in the staff report, - (Mayor Snyder entered the chambers at 7-.50 P.M,,) SISTER CITY QUARTERLY REPORT • Mr, Frank Henrich I am representing the Sister 631 South St, Malo City Foundation, This is the West.Covina quarterly report that the Council requested, In the future I don't intend unless the Council requests it to aorear before you with this report, A film was taken during the visitation. We plan to make this available at different organizations within the City during the coming year. We also hope to have a sound track in Spanish so we can send it down -3- • Co Co ' 4/26/65 Page Four SISTER CITY QUARTERLY REPORT Continued in Toluca. Financially, the Sister City Foundation now has $460.52 plus accounts payable totalling $450.00. We started with $252000 and we will have around four hundred at the end of the visitation. The visitation cost Ithe Foundation $2,100.00. The receipts coming in for the visitation totals $29100.00. '.Basically,..the.visitation was a.break-even affair',If,you'have any questions,.I would be. -happy to answer them. Councilman Nichols: Have you received any communi- cation from the Toluca people subsequent to their visit? Mr. Frank Henrich: We have not received an official City Council' -will receive plus thank you which I am sure the the Foundation. We have received many personal thoughts of thanks. The reaction from the visitation was very fine. Mayor Snyder: It has been said by the officials that this visitation was one of of the People -to -People program the most successful and productive of any that have occurred yet, I think again your group needs to be commended. • Councilman Jett: If it is in order I would like to make a motion to get a stand for the flag presented to us by Toluca. City Clerk,.Mr. Flotten: The stand is being made. PLANNING COMMISSION METES 8 BOUNDS N0,, 135-238 LOCATION: Southeast corner of William A. Wilson California and HELD OVER Bainbridge Avenues. Approved by Planning Commission.on April 7, 1965. Held over from April 14 to this date for staff report on legal.standpoint. City Clerk, Mr. Flotten: We received a letter requesting - that this matter be held over. Motion. by Councilman Krieger, seconded by Councilman Heath, and carried, that Metes and Bounds'Subdivision`No. 135=238 be held over at the request of the appiicant.to May 10, 1965 at eight o'clock. • REVIEW PLANNING COMMISSION ACTION OF APRIL 21, 1965 So indicated by Mr. Flotten. UNCLASSIFIED USE PERMIT N0,, 102 Both applications denied. PRECISE PLAN N0. 453 (Southern'Covina Water Service) City Attorney, Mr. Williams: I think on the unclassified use permit you are on fairly solid -4- C, C, ' 4/26165 Page Five SOUTHERN COVINA WATER SERVICE APPLICATIONS - Continued ground denying this. On the precise plan I would have some severe question about where we stand. Councilman Heath:. I agree with the people -in the neighborhood that it is annoying but I was wondering if we are running into a legal complication here. City,Attorney, Mr. Williams: They would have a non -conforming use to continue the well at the point where it was. Planning Director, Mr, Joseph: They moved it about 65 feet. City Attorney, Mr. Williams: I think they probably require the unclassified use permit. Councilman Heath: Isn't there an unclassified use permit on the present property? • • Planning Director, Mr. Joseph: No. It has been existing for such a long time it preceded the present zoning regulations'of the City. Councilman Jett: Planning Director, Mr, Joseph: Councilman Heath: Councilman Jett: As I understand both of those wells are dry, the existing wells. The existing well is pretty well dead. As long as Mr. Williams says we are not in any legal entanglement I have no reason to call it up. What happens in the event there is no appeal? Do we close down the well? City Attorney, Mr. Williams: If we are satisfied, and I am reasonably satisfied if they moved the well 65 feet and drilled a new well that they can't be standing on.the existing non-eonforming.use...In that case they have done something that the ordinance prohibits and I assume you would take proper enforcement procedures. I would assume they.would appeal in order to avoid this. Councilman Heath: Is there any possibility that if this well.serves a certain group of people in the vicinity and you deny the well.what are these people going to do? They can't go outside of the City and.,drill a well and then service these people. 'Where would we stand? City Attorney, Mr. Williams: I don't know that the denial in this case would have taken place had they drilled it in the same place where one of the former wells was. I know nothing about the circumstances. I think you would be almost compelled to graht the permit of the mere rehabilitation of that which was lawfully existing there as a non- conforming use but to move it 65 feet appears to me to require the unclassified use permit. I have not seen the precise plan but my off-the-cuff opinion is that the precise plan should be a mere formality. I can't see how a precise plan can be denied. -5- C. 'C. ' 4/26165 Page Six SOUTHERN COVINA WATER SERVICE APPLICATIONS Continued Councilman Jett: I wonder if this should be called up or referred to the City Attorney for report. City Attorney, Mr. Williams: I would assume that they would appeal it. Planning Director, Mr. Joseph: I talked to,.Mr. Marron the day after the Planning Commission meeting and the water company is fully aware of the action of the Planning Commission and he.indicated they would take what steps they deemed appropriate but they were aware of what the Commission did. Councilman Nichols: As long as the water company is completely aware of this matter that if there is an appeal to be entered they will certainly enter it and at that time the Council can give such an appeal consideration. Until then we should just allow it to stand. City Attorney, Mr,, Williams: I would say you are in a better position as far as the City Council action to take that action that Mr. Nichols indicated for this reasons That a person cannot be successful in court in opposing the City's restriction unless they exhaust their administrative remedy. They have administrative • remedy by appeal. If they do not appeal we . don't have to go into the merits of the denial. We say they didn't exhaust the administrative remedy and that ends it. Councilman Heath: There are two wells in.the area that have gone dry. To re- habilitate a well in case these are in such a condition that they can't sink it deeper or if the casing -is in such a way that it can't be used,.would rehabilitation mean drilling a new hole adjacent to this? City Attorney, Mr. Williams: I think it might. Mayor Snyder: There is no action on this matter. SCHEDULED MATTERS ZONE CHANGE N0. 339 LOCATION: 831 South Glendora James W. Travis between Cameron and APPROVED (R-P) Herring Avenues. Request to reclassify from Zone Rol to Zone C-1, approved as to . R-P by Planning Commission Resolution No. 1769. City Clerk, Mr,, Flotten: Notice of this hearing appeared in the West Covina Tribune on April 15 and 30 notices were mailed to property owners in the area. (Read Planning Commission Resolution No. 1769.) • C, Co ' 4126165 ZONE CHANGE NO, 339 Continued Mayor Snyder: 'IN FAVOR Page Seven This is the time and place for the public hearing, Mr, J, W, Travis I know you are quite aware of 1.030 South Pima Avenue what has happened in the last West Covina few years in that vicinity, My property is adjoining property to the north which is zoned C-1 and property to the south which recently has been`reaommended by the Planning Commission and approved by the City Council for R-P, The property to the north is approximately 200 feet deep. There is property to the north on the southwest' corner of Service`and Glendora which I believe somewhat conforms to my property that is C-1. I'am asking for something that has.previously been granted in the past. I feel that the property adjoining my north line although it is somewhat larger than my.prop:erty was zoned C-1 and certainly has not.been injurious or would be injurious to the area. I feel the zoning of C-1 for my property would not be injurious to that area. There being no further public.testimony, the hearing was- 1o'sed, Councilman Krieger: Mr, Travis, the basis of the Planning Commission decision seemed to bej.on the point. -that the depth.of.,your property -as it went west was the same as the property to the south of yours which bears a R-P zone whereas it was not as d.eep as the property to the north which bears a C-1 zone, I assume from that they find your property more analgous to the property to.the south than they do to the property to the north, Mr, J. W. Travis: didn't feel,my property was deep to the north, I don't believe the Commission mentioned the fact that they enough or ,as deep as the i property Councilman Krieger: The body of their resolution says, "Subject property corresponds in both size and configuration to the.land to the south," Mr, J. W. Travis: There is a piece of property that is 60 by 130 that is zoned. C-1 and my property is 60 by 135, Councilman Heath: Mr, Joseph, if someone wanted to put.a restaurant -in this parcel to serve the.offices in.the area, would.they.require a.C-1 zone? Planning Director, Mr, Joseph: Yes, • Councilman Nichols: A simple look at the map posted on the board indicates this applicant is entitled to relief from his present zoning of R-1, However., I would approach and list the validity of his thesis relative to his entitlement of C-1 differently than comparing to parcel sizes or relating to C-1 properties; The intent is to stop each zone somewhere and create buffer and transitional areas. Immediately to the rear of this property is t41 property. This would place C-1 on -7- C, C, " 4/26165 ZONE CHANGE NO, 339 Continued Page Eight • two sides of R-1 property and would probably create a justification for the people to the west to request and receive relief. My concept of the zoning action and philosophy'tha.t has been adopted by the Council during the past year was we were attempting to allow a transitional type of zoning to give some relief to the people on Glendora Avenueo Both from the standpoint of configuration and equity in zoning for all people"concerned, I would think R®P zoning for this property would'be proper'at this time, Councilman Jett: I think it would be fair to point out -that in the.original discussion of the C-l" approval on the Alscot property, their original request was for R=P but because of the type of use that ..they had, because they were construction contractors, there was a question as to whether they would maintain the..type of offices in R-P uses, The Council decided in order to clear the air they would give them C-1 with the understanding they were building offices, .This was never intended`to be for C-T uses, .Motion by Councilman Krieger, seconded by Councilman Nichols, and carried, that Zone Change.Noo. 339 be approved zoning the property in question from R-I to :R-P, `(Councilman'Heath voted "No",) VARIANCE NO, 552 LOCATION; 1350 East San Lark Ellen Towers Bernardino Road at the DENIED southwest corner of Lark Ellen Avenue and San Bernardino Road, Request for a temporary non -conforming identification sign in Zone R-1 denied by Planning Commission resolution No, 1772, Appealed by applicant on April 89 1965, City Clerk, Mr, Flotten: The notice of this public hearing appeared in the West Covina Tribune on April 15th and 33 notices were mailed to property owners in the area, .(Read Planning Commission Resolution No, 1772,) .- Mayor Snyder: This.is the time.and place for the public hearing, 'IN FAVOR Mr, Albert'Naysky I represent the Advance Neon 960 North Broadway Sign'Company and.the owner of ..Los Angeles the building in asking the Council to reconsider the action of the Planning Commission in denying this application, I would like to point out the rather unique location of this develop- ment,, It lies on San Bernardino Road at the corner of Lark Ellen, That particular area, which is County across San Bernardino Road, contains a number of signs all up and down that street and in the immediate adjacent area there is a gasoline station.across the street with a larger sign. The sign we are proposing is several hundred feet away from the nearest residence and immediately behind it..in the area in which the building will be constructed is a matter of four or five hundred feet away from the nearest residence. The building ....we are proposing.will cost several millions of dollars and in the proper utilization of its needs for the people residing there it _g_ Co Co ' 4/26/65 Page Nine VARIANCE NO. 552 - Continued • requires something more than the 75 square feet allowed in the present ordinance. We are going to install a sign which is very sedate in its appearance. It will have an architectural rendering on it. The sign will be parallel to San Bernardino Road and none of.the copy area will be showing toward'the West,Covina area. (Presented rendering and explained same.) We understand a previous variance was granted to someone not on the freeway in the amount of 240 square feet. Since the meeting of the Planning Commission the owners of the building have decided to ask with your approval that they be permitted to have a lesser amount than 240 square feet that has previously been allotted to another project: We are also asking that the sign be located to the side of the building on the adjacent lot. We are doing this because there will be traffic in that area between the front of the building and San Bernardino Road. Furthermore, the plot adjacent is part of the same parcel which will contain the hospital and the Lark Ellen Towers. In our initial presentation we asked that the sign be allowed to remain for six months after the building was completed. The owners have reconsidered and are agreeable to removing the.sign in accordance with the present ordinance which r-alls for it.to be removed within a week after the building has been ..completed. If you have any questions, I will be happy to -answer them. Dr. Samuel Mintz: I am the administrator of this Lark Ellen Hospital and this new.project. We feel a project of this magnitude and with the con-. siderations that the City.has tendered to us requires proper exposure in all aspects and this is one area of exposur.e.to.do best by the project. The.sign.is an electrified sign. We feel many people by virtue.of the nature of the project will be coming to see this..building which will have the distinction of being the tallest.building between ..Los Angeles and Las Vegas. I think it should have more than just a 75-square foot construction sign. There being_no..further questions, the hearing was closed. Councilman Heath: The Noice project and the Maxson Medical Center had larger signs. Planning Director, Mr. Joseph: To my knowledge, their signs met the requirements. There have been no variances granted for signs in excess of 75 square feet other than on the freeway.' Councilman Krieger: I would like an interpretation here. Which of these two signs are proposed, the,one we have presented here tonight or the one submitted to the Planning Commission? • Mr. Albert Naysky: The one we.presented tonight is a different one that we asked for originally. 'We reduced the size and the amount of copy which was on the sign. Councilman Krieger: What is the total size of the sign you presented tonight? Mr. Albert Naysky: It would not exceed 240 square feet. C. C. ' 4/26/65 VARIANCE NO,, 552 = Continued • Councilman Krieger: Mr. Albert Naysky: Page Ten Your original sign was 260 square feet? Yesa Councilman Krieger: We have four requirements for a variance in this City. I am not particularly concerned with the effect on the comprehensive general plan of your sign and I don't conceive that it would be detrimental to the public welfare, injurious to property in the vicinity. But, could you point to an instance where this right has been granted to others and denied to you? Dr. Samuel Mintz: I believe it is a matter of record that there was a 240 square foot sign granted to the property on the south side.of.,Vincent and the freeway, Schlanger and Curtis. ...Councilman Krieger: Our Planning Commission points out.that.the.other.variances for construction signs have been for uses located along the San Bernardino freeway. Do you have any illustrations.of this right -......being.granted to other property owners in other areas of the City except property bordering on the freeway? •. Dr. Samuel Mintz: Councilman Heath: Dr,, Samuel Mintz: I have no such information. Do you recall the size of the sign on the Tahitian Apartments? It is about 200 feet. Mayor Snyder: Would it be a hardship if you put this sign on the construction site instead of the vacant site adjacent? Dr,, -Samuel Mintz: I think it would not be as appropriate from a visual standpoir��4 There will be construction barriers around the site of construction. "Mayor Snyder: Mr. Williams, in determining .if a.man..has been denied something that has ,been granted to his neighbors in the area, if it has been granted outside of the City limits.in another city, would _that have weight? City Attorney,,Mr. Williams: ..I think you could consider this. Councilman Heath: What is the width of the building? Dr. Samuel Mintz: Approximately 200 feet. Councilman Heath: If this sign was attached to the front of the structure while it was being built,..200-foot long building, what is the maximum size of a sign.attached_to a building? Planning Director, Mr. Joseph: 300 Square feet. -10& C. C, 4126/65 VARIANCE NO, 552 - Continued Page Eleven Councilman Nichols: A point is -being raised here that has been on.my mind from the beginning. If you are putting up a sign to say now we are building something I would see no justification for going beyond the square footage allotted. Actually this sign does more than.just say this building is going up. I think they are advertising their project. They are not identifying it and if they are going to advertise it I think we should approach it in a little bit different aspect to say it is an advertising sign and not an identification sign per se. My reaction would be if the applicant wants to attach it from his structure going up he can make it as big as the law will allow. If he wants to put it out on the street and advertise it I would say he should conform to the ordinance, Mayor Snyder: From the standpoint of a variances there is.a large apartment sign to the east which is in the County or the City of Covina and the Texaco Sign is nearby which is quite large and goes around: True, they are not in the City of West Covina and wouldn°t have been allowed if they were but it is going to appear small compared to those if he is required to stay within the legal limit, Councilman Jett: I would feel the sign permissible • by our ordinance would be sufficient size for. his project. I cant see that there is any particular problem here or anything that would justify a request for a variance. Motion by Councilman Krieger, seocnded by Councilman Nichols, and carried, that Variance No, 552 be denied, (Mayor Snyder voted "No",) UNCLASSIFIED USE PERMIT N0, 71 REV, 1 LOCATION: Pass and Covina Road Home Savings 6 Loan Association between Valley Boulevard HELD OVER and Francisquito Avenue, Request to amend conditions 13 and 33 of City Council Resolution No, 2570 denied by Planning Commission Resolution No, 1771, Condition 13 relates to the fee .schedule of the dump site. Condition 33 relates to an ingress and egress road to the dump site. Appealed by applicant on April 129 1965, City Clerk, Mr, Flotten: This appeal was made by Mr, Laurence M. Pennington::<with ,regard to,,this unclassified use permit. In his appeal from the decision his letter reads on behalf of the applicant Home Savings and Loan whereas actually I think Mr, Pennington is representing the operators of the dump site, In that'the application was read • this way we sent the notification to Home Savings and Loan and Mr. Pennington did not get notice of this -public hearing, Mr. Pennington is asking that this be continued until the 10th of May, Mr, Laurence M. Pennington I was retained in this matter not Attorney by Home Savings and Loan but by B. K. K, Company who will ultimately be the operators of the facility on the property. The original application and the zone variance was given to Home.Savings and it was my thinking that only Home.Savings and Loan.could make -1 I - Co Co 4/26/65 Page Twelve UNCLASSIFIED USE PERMIT NO. 719 REV. 1 - Continued w d��oa®eie.®esn®�� • an application for a modification of the existing order. We had the permission of Home Savings and Loan to do this. They signed the application. My work has been strictly with the B. K. K. Company. When we made the application here for an appeal of the Planning Commission's decision I made the application and paid the filing fee. We did not receive notice that this hearing was going to take place until approximately four o'clock this afternoon. At that time it was too late to advise my client or make contacts that I felt were necessary to adequately present the thing here this evening.. I made application for a continuance until the meeting of May 10th. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Unclassified Use Permit No. 71, Revision 1, be held over at the request of the applicant to May 10, 1965 at eight o'clock. PLANNING COMMISSION METES & BOUNDS NO. 135-239 LOCATION: Northeast intersection William D'Amato of the Alley and -Sunkist APPROVED Avenue.between Garvey Avenue and Sunkist Place. • 1/2 Acres - 2 Lots - Area District I. Approved by Planning Commission on April 219 1965. (Mr. Flotten read recommended conditions of the Planning Commission.) Councilman Jett: Am I correct in understanding that they are required to improve the alley? Planning Director, Mr. Jospeh: They have to improve their half of the alley for the length of their property plus the street. That is a dedicated alley. Councilman Jett: It would appear to me that this would be asking for something that we won't ask anybody else to do. There is 184 feet of street they will have to improve plus 240 feet of alley. I think if they are required to do that I don't think profitably they could even develop this property. You are asking them to put in approximately 420 feet of paving. The alley doesn't even serve this property. Planning Director, Mr. Joseph: That is true. These people will gain access from the street. We have had people come to see us about the development of certain properites along here and they have indicated they would like to • take access off the alley. However, they only own half the alley and it is only a 20-foot alley. Unless we can get it fully improved it will be a messy situation back there. Councilman Jett: I don't think that would..justify forcing this man to put in all these improvements. -12- Ca C. 4/26/65 METES 6 BOUNDS NO. 135-239 - Continued Page Thirteen • Councilman Nichols: I would say if this owner is not going to benefit from the alley at all that we are on questionable ground.asking him to improve an alley which the owner gains no benefit whatsoever from, • • City Attorney, Mr. Williams: Under the Subdivision Map Act the code reads as follows: "Improvement. Improvement refers to only such street work and utilities to be installed or agreed to be installed by the subdivider on the land to be used for public or private streets, highways., ways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage.needs." The general legal concept is you can require that which is to be used by the owners within the tract. You cannot require.that which is of no benefit. Motion by Councilman Nichols, seconded by Councilman Jett, and carried, that Metes and Bounds subdivision No. 135-239 be approved subject to the recommendations of the Planning Commission except for.the.require- ment for the installation of a portion of the alleyway which would be deleted upon this approval. RECREATION & PARKS EVALUATION OF TINY'TOT PROGRAM Councilman Krieger: This report was submitted at the request of the Council at the conclusion of the pilot program of the Tiny Tot phase of the Recreation aid Parks Department. I_have had the opportunity to read the report and to evaluate the staff's recommendations and the proposal for the continuation and the answers by the parents as to the program. Move that the Tiny Tot Program be continued under the sponsorship of the Recreation and Park Department. Councilman Jett: As one.of.-those skeptical about the program at the time, I had the pleasure of attending the exercises that these.tiny.tots put on and I was really amazed,, the motion. Action on Councilman Krieger's motion: GENERAL: MATTERS ORAL; COMMUNICATIONS MERLINDA P.T.A. REQUEST Mrs,, Carney 724 East Lucille West Covina I would be happy to second Motion carried unanimously. I have a petition here from the Merlinda P.T.A. (Read body of said. petition. ) The Merced and Valinda safety guard.is to be -13- Co Co 4/26/65 MERLINDA P.T.A.. REQUEST I —Continued Page Fourteen • removed. We are opposed to this. We have over 100 signatures here. These were obtained by sending home a notice from school with the children in the smaller grades. The parents who signed this made the trip to someone's home to sign it. It was not circulated. One of the parents has clocked the traffic on Merced over a three-hour period at 51.2 average speed. The -speed limit is 35 miles an hour. At Merlinda School we have mostly small children. I would like to present this petition to the City Clerk. (Presented said petition.) Public Services Director, Mr, Fast: This came up in the Traffic Committee Minutes which were approved a few meetings ago. After the installation of a four-way stop at Valinda and Merced the Traffic Committee recommended that the crossing guard stay on for two weeks beyond the installation of the four-way stop because of the interval of time it takes the motorists to become aware of the stop and this crossing guard was reassigned to the Evanwood-Cameron crossing. The observation of the Traffic Committee would indicate that the four-way stop sign is functioning very well at this corner. Mrs. Carney: We are dealing with children accustomed to crossing this street with a guard. As a result they are standing in groups at • the corner and waiting. They don't know what to do. If you have to take a guard away from the school do it at the end of the year. Then if the guard were denied at that time at least the mothers have the period of a summer vacation to educate their children. This way .they have no time whatsoever. Councilman Nichols: I think ultimately in West Covina where we install the four- way stop signs and other control media that we are going to have to get across the concept that we are going to have to begin doing without crossing guards. It is true there is not a great deal of money expended for a crossing guard at any given location but when we multiply the cost of the crossing guards throughout the entire City it becomes.a considerable amount of money. I think these ladies do have a point. Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that the crossing guard be retained at the Merced-Valinda intersection for the balance of the school year and that the Traffic Committee reconsider this matter and come up with their decision prior to the beginning of the next school year. Public Services Director, Mr. Fast.: There is a fund in the Police Department for this matter. Councilman Nichols: I would hope the Council might • here give consideration to some of the installations that I have seen in our neighboring cities - Pomona, for example. They have installed the blinking orange lights which function during school hours and provide an even more effective restraining influence at the crossing where the pupils go. Mrs. Carney: What action may we as citizens take to implement the suggestion about the blinking lights? -14- C. C. " 4126165 Page Fifteen MERLINDA P.T.A. REQUEST Continued • Mayor Snyder: That is a good question. Mr. Nichols has brought that up. I assume he will pursue it. You can ask him. WRITTEN COMMUNICATIONS None CITY ATTORNEY ORDINANCE NO. 919 Zone Change No. 337 Moeck 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 337, Moeck) Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance. • Motion by Councilman Heath, seconded by Councilman Krieger, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said ordinance was given No. 919. ORDINANCE NO. 920 Zone Change.338 - Ebiner ADOPTED 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 Heath, seconded by Councilman Krieger, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilman Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said ordinance was given No. 920. -15- • • Co Co 4/26/65 CITY ATTORNEY - Continued Page Sixteen ORDINANCE NO. 921 The City Attorney presented: Speed Limits "AN ORDINANCE OF THE CITY COUNCIL ADOPTED 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 Krieger, seconded by Councilman Nichols, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Krieger, seconded by Councilman Nichols, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No, 921. ORDINANCE INTRODUCTION Zone Change 336 - Jones & Howard 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 336, Jones & Howard) Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinances Councilman Jett: I would like to have entered in the record the report that we received from the Planning Commission. I assume you have all read this report, The reason I would like this inserted is because in the past I have been accused time and time again of wanting to trade zoning for street improvements, As I read these comments, every remark I find in reference to this, this is about as near to trading zoning for street improvements I think as you can get. This is all. right if this is going to be the policy of the Council. If we are going to do this not only in this case but in every zone case of similarity that comes before us in the future, this is one thing. But, if this is only going to apply to this one case then I certainly want to very strenuously object to its (The following is the Planning Department report of April 13, 1965 re Zone Change No. 336, Leonard Jones and Leo'Howard,) "At its meeting of March 22, 1965, the City Council held to its meeting of April 12, 1965, with hearing open, Zone Change No. 336 for Leonard Jones and Leo Howard. The Staff was directed to consider the possible alternatives of devel- opment and recommendations for submittal to the City Council, In addition, a second motion was carried that the Staff also give the Council a recommendation on the proposed uses for the Skelton prop- erty. The Planning Department recommended denial of the zone change per its Staff report dated March 3, 1965. On that date the Planning Commission unanimously denied the zone change for the reasons set forth in Planning Commission Resolution No. 1766. Zone Change No. 336 proposes rezoning certain property lying southwest of Wescove Place and Truman Place from R-A to R-P, -16- Co Co 4/26/65 Page Seventeen ORDINANCE INTRODUCTION - ZC 336 - Continued: Planning Department Report - Continued: • "In accordance with Council directive, the Planning Department explored reasons for re- zoning the subject property. It must be reported that other than the expense to the City of right-of-way, the Department has found no cause to rezone the property to any use other than single family lots. It should be pointed out too, that the Staff does not believe that exchanging right-of-way for zoning to be in the best interests of the public health, safety and general welfare "to provide the economic and social advantages resulting from an orderly use of planned resources (Section 9200 - Municipal Code.) The General Plan, adopted by the City Council in November, 1.962 indicates the property as low density. The consulting firm of Daniel, Mann, Johnson and Mendenhall prepared a report for the City Council dated April 6, 1964 entitled 'Proposed Precise Plan of Glendora Avenue as an Amendment to The General Plan -;West Covina, California'. The DMJM Report recommended a street through the subject site. Implicitly, the Report noted that with its present street configuration, the land should remain low density. • The question arises of why should this land be rezoned. How much zoning is enough? This is a dif- ficult question to answer. The economic analysis contained in the DMJM Report went into detail as to the amount of land it felt is suitable for rezoning in the City of West Covina until the year 1968. Page 31 of the Report states that 'Assuming 1 1/2 to 2 story construction which is equivalent to approximately 21,000 sq. ft. of office floor area to every 1. acre of land area, there will be a de- mand for land area for offices of 1 1/2 to 2 acres along Glendora Avenue between 1964 and 1968. From 1968 to 1975, an additional 2 1/2 acres of land for office space can be generally expected.' Since the April 6, 1964 date of the DMJM Report, the City Council has zoned on Glendora Avenue 2.6 acres of R-P land and 7.0 acres of C-1 land for a total. of 9<6 acres. A good portion of the C zoned land is being devoted to office purposes. Note as an ex- ample the Kilz Development on the southwest corner of Service and Glendora, the office building south of Von's and the office building on the Hartman -Noonan property at Wescove Place. Office floor space is being built in the C-1 Zone. Assuming the DMJM Report is 50% low, the City Council has already rezoned double the amount of land suitable for office uses, The implications of rezoning of any property on neighboring lands should be taken into account. A check of the land use in the area shows that single family uses are comparable to those existing. The size of the lots are proper for the area district. To rezone the subject land would leap frog existing R-1 Property and expose the neigh- borhood to adverse environment, This situation is similar to that existing on North Azusa Avenue where the Council has seen fit to acknowledge rezoning for two lot depths on the east side of that street but has refused to extend it further to the east. The argument relating to straightening zone lines is not appro- priate. A review of the zoning map for the area shows a con- sistent line east of Glendora at the present time. -17- C. C. 4/26/65 Page Eighteen ORDINANCE INTRODUCTION - ZC 336 - Continued: Planning Department Report - Continued: • "The DMJM Report also considered the amount of multiple family uses reasonable for the Glendora Avenue vicinity. Five hundred units were projected for Glendora Avenue. This would require approximately 25 acres of land. Since the date of the DMJM Report 7.7 acres were rezoned for multiple family use, to be added to the existing 27.5 acres. The discussion relating to the awkward access to the street if the lots were subdivided is with- out foundation. Each single family dwelling unit must supply two enclosed parking spaces. In addition, there would be a minimum of a 25.ft. driveway. Should the land be devoted to more inten- sive use the parking would be more complicated. Lands with dif- ficult shape have been subdivided in the City and this property poses no particular problem. Based upon the foregoing review of the alternatives available, the Planning Department believes the zone change request should be denied. Regarding the Skelton property, the Staff has reviewed the appraisal report dated December 16, 1964 of Harrison R. Baker. It is noted in the letter of transmittal of the report that the land was appraised as R-1. A land cost figure • was submitted ranging between 54;� and 63�4, per square foot. The City paid somewhat less than the top figure. Of course, the ap- praisal report included other costs such as the moving and reno- vation of the existing house to arrive at its final figure. It is granted that there will be traffic on the street but there are other major intersections in the City where low density has been retained after numerous zone change applications asking for less restrictive uses (i.e. Azusa and Cameron). The size of the Skel- ton property is consistent with other parcels on the north side of Merced Avenue extending easterly to the intersecting street, Walnut Avenue. The Skelton piece is 33,275 sq. ft. Extending easterly, the lot sizes are 18,270 sq. ft., 19,880 sq. ft., 2 lots at 26,860 sq. ft., 54,655 sq. ft., 35,436 sq. ft. and 35,387 sq. ft. The Department believes that based upon the statements contained above relating to the zoning on Glendora Avenue as compared with demand, the relationship to surrounding properties, and the fact that the City acquired the property based upon an appraisal for R-1 use, the property should retain its R-1 classification and be subdivided for single family purposes. One final note regarding the con- tention of the applicant relating to the extension of Merced Avenue, if the Merced extension does not go in, the property on either side of the extension cannot be developed. It is in the best interests of all parties to see Merced Avenue extended in accordance with the accepted street plan." -18- • • C] C. C. 4/26/65 Page Nineteen ORDINANCE INTRODUCTION - Zone Change 336 - Continued: Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that said ordinance be introduced. (Mayor Snyder voted "No".) RESOLUTION NO. 3156 Precise Plan 447 - Moeck ADOPTED Mayor Snyder The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING PRECISE PLAN OF DESIGN NO. 447." (Moeck) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Kreiger, 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. 3156. RESOLUTION NO. 3157 The City Attorney presented: Bicycle Safety Program "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ENDORSING BICYCLE AND PEDESTRIAN SAFETY PROGRAM" Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No. 3157. -19- C. C. 4l26/65 CITY ATTORNEY - Continued Page Twenty RESOLUTION.NOo 3158' The City Attorney presented: Appoint Edwin C. Saunders "A RESOLUTION OF THE CITY.COUNCIL ADOPTED OF THE CITY OF WEST COVINA APPOINTING EDWIN C. SAUNDERS TO THE PLANNING COMMISSION" Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No. 3158. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AGREEMENT . City Attorney, Mr. Williams: Last September approximately there was sent to the six Southern California counties making up the Los Angeles metropolitan area, excluding San Diego County, and to each city within these counties a proposed voluntary organization called Southern California Association of Governments which was prepared by the League of California Cities, by committees composed of these six counties. I drafted the agreement and the by-laws myself and about the same time there was also sent to the City an agreement that had been prepared by LARTS and its counterparts in other counties. The SCAG agreement is required to comply with certain Federal laws that require all metropolitan areas to have a joint planning agency for joint problems. It has no command function. The LARTS agreement pertains only to the planning of transportation facilities. At that time there was a conflict. The conflict has been resolved. LARTS has been approved by this City. It is agreed that they will instead of contracting with every city and county in the metropolitan area when SCAG goes into effect transfer their contract over and become sort of a subsidiary of SCAG. This is the counterpart of what is called ABAG in the San Francisco area. The League has now employed Jay Michael to expedite the signing of this. In order to expedite it Azusa approved it last time. I think you have approved it in principle and we are only awaiting the approval of the County Supervisors Association and .the League of California Cities. Both have approved it. Therefore, an action would be in order if you see fit approving the Southern California Association of Governments agreement together with the by-laws attached thereto and authorizing the Mayor and the City .Clerk to execute the agreement on behalf of the City of West Covina. To date, something like 20 cities have signed and they just hired Mr. Michael to go around and collect these signatures. Motion by Councilman Heath, seconded by Councilman Krieger,.and carried, to approve the Southern California Association of Governments agreement together with the by-laws attached thereto and authorize the Mayor and the City Clerk to execute the agreement.on behalf of the City of West Covina. -20- • C. C. 4126165 'CITY ATTORNEY - Continued ORDINANCE PROHIBITING GLUE SNIFFING Councilman Heath: Page Twenty -One Do we have an ordinance against glue sniffing? City Attorney, Mr,, Williams: I don't believe so. I know Azusa has because it was the first one ever drawn. Councilman Heath-. I think it would be fitting if the members of the Council directed the City Attorney to draw up an ordinance regulating or prohibiting glue sniffing. Councilman Nichols: There has been a bill entered in the Legislature. Councilman Heath: I didn't know that. Do you feel it is worth waiting for that or do you feel we should have an ordinance? City Attorney,.Mr. Williams: If you have a problem immediately I think maybe you should adopt the ordinance. It will become invalid if the State Legislature adopts the same law. Councilman Heath: I am led to believe the Police Department needs an ordinance immediately for this. I would like to see an ordinance on the books in case the State Legislature in Sacramento gets sidetracked. Councilman Nichols: I don't see any harm from the ordinance and there is a bill before the Legislature. However., at the rate they are moving it might never be amended. Motion by Councilman Heath, seconded by Councilman Nichols, and carried, that the City Attorney be instructed to draft an ordinance prohibiting glue sniffing and any other similar prohibitions that he deems necessary. CITY MANAGER REPORTS PENDING LEGISLATION Public Services Director, Mr. Fast:. You have been given the.report on this. The City Manager • is preparing a follow-up report for you for this week. Mayor Snyder: The Brown Act extension, A.B. 946 passed the Assembly committee and I believe has passed the Assembly. It is now up for the Senate. I will be in Sacramento tomorrow and will be glad to see Senator Reese concerning this, This bill would certainly harm freedom of councils to act. -21- C, C, 4/26/65 PENDING LEGISLATION - Continued Page Twenty- Two Motion by Councilman Heath, seconded by Councilman Nichols, that the Mayor be authorized to speak for the City Council in opposition to this matter in Sacramento tomorrow, City Attorney, Mr, Williams: I wonder if it would be Appropriate to send a letter of objection to every member of the Senate committee, You can find out from the Senator what committee it is before, Councilman Heath: I will add to the motion to also send a letter to the members of the pertinent Senate committee objecting to this matter, Councilman Nichols: I will accept the amendment. Action on Councilman. Heath's motion: Motion carried unanimously, SIGNAL DRAWINGS Public Services Director, Mr, Fast: The Council has been forwarded maps showing the master signali- zation plan, We request you review this with the light of adopting • it for a budget control on the loth of May, your next meeting. This is for information only tonight, BRUTOCAO PROPERTY Public Services Director,.Mr, Fast: The City would request the authorization to submit an offer to Brutocao in regard to the property at Azusa Avenue and Walnut Creek Wash,. We request dedication of the property indicated on this map (indicating) with the City putting in the improvements, We can proceed with the bridge work without having this dedication but the total Azusa Avenue widening program would hide this. Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that the staff be authorized to submit an offer to Mr. Brutocao in regard to the property at Azusa Avenue and Walnut Creek Wash, HARRISON BAKER APPRAISAL Public Services Director, Mr, Fast: With regard to the same area, we would request authorization from the City Council to authorize Harrison Baker to give us an appraisal for the land and building for the water well at that same site, Motion by Councilman Jett, seconded by Councilman Heath, that the staff be authorized to hire Harrison Baker for an appraisal of the land and building for the water well.not to exceed $300.00. Motion passed on roll call as follows. - Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None -22- • 11 • C, C, 4/26/65 CITY MANAGER REPORTS - Continued PROJECT 8401 Harold Johnson Page Twenty Three Public Services Director, Mr, Fast: We would like to have you -,approve the City negotiation with Harold Johnson for the completion of Project 8401, 800 feet southerly from Walnut Creek Wash on Citrus Avenue, The approval we are asking for is for $41,000 which staff feels is the reasonable share to bring the design from a preliminary stage which was the H,H,F,A, funding to a final stage as required by the Flood Control District, Motion by Councilman Heath, seconded by Councilman Jett, to approve the negotiation'of $4,000.00 insofar as Harold Johnson is concerned and also an additional $2,430,00 to payback the government.after the plans for Project 8401 are being used, Motion passed on roll.call as follows: Ayes: Councilmen Jett, Noes: None Absent: None METES 8 BOUNDS N0, 135-226 Krieger, Nichols, Heath, Mayor Snyder Public Services Director, Mr, Fast: The Council has received the requested staff report on Metes and Bounds Subdivision No, 135-226, This is the two houses at Valinda and Merced, Councilman Heath: I still don't understand it, Public Services Director, Mr. Fast: Mr, Krieger asked who issued the permit and the report tells so, As far as the issuance of building permits prior to final maps, it is the intent of staff to comply in this matter, Councilman Krieger: I would like to know how Mr. Pontow and/or Mr. Fowler can justify the last paragraph of this report: "We always try to complete the map before the development starts but in this case 'where the City reversed its committments and the new owner was caught in the middle we feel the means to the end was justified," I have no recollection of the City reversing itself, Public Services Director, Mr, Fast: The only committment I know of was that the initial_committ- ment was that we would require improvements, Secondly, the City Council in. a further action required the street improvements as well as curb and gutter.and I think that is the reversal they are talking about, I will have a further report for you, SWEEPER BIDS Public Services Director, Mr, Fast: This is an information item, In accordance with the authorization already received from the City Council, we are calling for bids on a street sweeper, two engine drive, four wheel, -23- C. C. 4126f 65 CITY MANAGER REPORTS - Continued • LANDSCAPING PETITION North Sunset Avenue Homeowners Page Twenty Four Public Services Director, Mr..Fast: We have a petition received from the North Sunset Avenue Homeowners regarding the landscaping of parkway property belonging to the City between the frontage road and Sunset Avenueo We recommend that you accept the petition and submit it to the staff for a report. This area is being included in a`total report of problem areas on City owned property in regard to landscaping. The total.report will be ready by the loth of Mayo Motion by Councilman Nichols, seconded by Councilman Heath, and carried, that the Council accept the petition and direct the staff to investigate the matter and prepare a report for the Council. FIREMEN'S REQUEST Public Services Director, Mr. Fast: There is an item in regard to the requirements for firemen. The request is that the City Council review these and be ready for action on the 10th of May. MAYOR'S TRIP AUTHORIZATION Mayor Snyder: I will be in Sacramento tomorrow for another meeting of the League and I would like to have authorization for my transportation. Motion by Councilman Heath, seconded by Councilman Krieger, that the Council authorize funds for transportation for the Mayor to Sacramento on April 27, 1965. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absent: None 'CITY 'CLERK Krieger, Nichols, Heath, Mayor Snyder REPORT ON TERMS OF COMMISSIONERS City Clerk, Mr. Flotten: We completed all the research on this. We will have the • complete._report for the next Council meeting. -24- Co Co 4/26/65 CITY CLERK - Continued • APPLICATION FOR ALCOHOLIC BEVERAGE LIQUOR LICENSE TRANSFER FOR OFF -SALE BEER AND WINE Center Market 126 South Glendora Avenue City Clerk, Mro Flotteno Page Twenty -Five The Council has copies of this reporto Motion by Councilman Nichols, seconded by Councilman.Krieger, and carried, to accept the report without protest, LETTER FROM PHILIP GORDON REGARDING TRAFFIC PROBLEM NEAR CAPRI THEATER City Clerk,.Mr,, Flotten> Councilman Heath: • City.Clerk, Mr. Flotteno REFERENDUM REPORT We would like to refer this to the staff for a complete report to the Council. I referred it to the Traffic Committee at the last meeting. All right. City Clerk, Mr,, Flotteno The petition was filed in the office of the City Clerk at 11:30 o'clock A.M. on April 219 1965, The deadline for filing was 5:00 o'clock P.M., April 219 1965, The petition was therefore filed within the thirty -day period required after the adoption of the Ordinance granting the zoning, Number of,registered voters in the City - of West Covina on April 21, 1965 259301 Number of qualified signatures required for the sufficiency of the petition (10% of the number of registered voters) 29530 Number of signatures on the petition 39411 Number of signatures not qualified 84 .Number of signatures qualified 391327 . Number of qualified signatures in excess of the number required for the sufficiency of the petition 797 Mayor Snyder.: The alternatives open.to the Council are to rescind the ordinance; place it on the ballot for an election. I believe we have not less than 45 days nor more than six months. -25- C. Co ' 4/2.6/65 'REFERENDUM REPORT - Continued Page Twenty -Six . City Attorney, Mr,, Williams: There is no time limit,, You are not required to hold two special elections within six months but you may. The ordinance simply doesn't go into effect unless and until you place it on the ballot,, From the notice of election, which we don't have tonight, to election must be not less than 54 days nor more than 75 days. Mayor Snyder: Can a notice calling the election -- City Attorney, Mr. Williams: You can take action tonight as you generally do on an .ordinance or resolution. If it is your desire to hold an election declaring you wish to have the election held on this referendum on such and such a date and instructing the City Clerk to employ the firm of Martin and Chapman to furnish election supplies and take .all necessary action to conduct the date so designated. Councilman Nichols: When the first petition was submitted on this matter I stated that in order of preference I would vote to rescind the ordinance or I would vote to put it on the ballot. I have as you know voted in opposition to the ordinance from the beginning in its various forms so at this time once again in.order of preference I would move that the Council direct the City Attorney to draft an ordinance repealing Ordinance No,, 917,, Mayor Snyder: Is such an ordinance repealing this ordinance referendable? City Attorney, Mr. Williams: Yes, I think it would be,, It is not within the list of the ordinances that aren't referendable. Councilman Heath: I am somewhat concerned. These people have now gotten together twice and come up with enough signatures to call this for a vote or for us to rescind our action. I feel that the charges in the past have been by the carriers of these petitions they have always presented the story straight and true; they have always stated the facts unprejudiced. I am referring to the people who have said they have carried these petitions,, I wll.not mention any names. If .this is the case we have an indication that about 39500 people..in this City.who twice have stated that they don't want any.part of this ordinance. They are not saying they want it to.be put on the ballot. They say they don't want any part of it,, If we can go around twice and have the people state this I think we should take.notice. I am looking to the people in the City of West Covina and stating in this light that if you had signed this petition purely for the act of putting it.on the ballot to let the people decide I think you are out to spend eight to ten thousand dollars of the City's money and you are also telling the City Council you are not backing them. I will take the stand they were in all sincerity when they signed these petitions that they didn't want the ordinance,, I also question whether Home Savings themselves wanted the ordinance because they have shown no interest so far,, If Home Savings feels I am going to go out and battle this referendum when they haven't given one iota of interest in this cause I don't think they are very much interested so I would say that I would be in favor of rescinding the ordinance. -26- C. Co 4126/65 REFERENDUM REPORT - Continued Page Twenty -Seven • Councilman Krieger: This has had a tortuous history in our City and I don't think this is the time or place to further torture a belabored subject, But, the fact is that.four members of this Council voted for this ordinance. The petition carriers have brought us back the signatures of 3,372 people in this City that show that they want the City Council to either.reverse themselves.or to let the people of the City of West Covina vote on it. This is not 25,301 registered voters, it is 3,327 registered voters. I am in favor of the majority of this Council sticking by -its vote and seeing what the people of West Covina really want and I mean all the people of West Covina, what they really want in this matter and not what 3,327 people want. As long as this is the test then I suggest we have a true test and give it to the people of West Covina to vote on. I am opposed to repealing it. I am in favor of holding a special election. Councilman Jett: In the past I have supported that same stand because I felt that was the feeling of those people who had supported me in my campaign. However, in looking over these propositions that are brought to us and you see the number of people who have signed this petition, not only.once, but signed it twice fully realizing that what they were doing was demanding that we hold an election to give them an opportunity .to voice their opinions on this. It certainly indicates that there • is a large segment of people who are very much opposed to this program. For this reason I would support rescinding our former action. Mayor Snyder: I would say this: The statement of two Councilmen here tonight has been inconsistent in spite of any rationalization they added to it with their past statements and it makes me question very highly their motivation and who they are throwing their lot with. I would like to say here that Home Savings did not enter into opposing the getting of signatures here because in that case they would be criticized.with attempting to obstruct a referendum and they didn't want to appear that way. I again say that the action taken by two Councilmen tonight is so inconsistent with their past action as to again make me question their motivation. Now, I have documentary evidence that many of these signatures were obtained by mis- representation and I am willing to get depositions to that effect. However, that would serve no purpose. I also have documentary.evidence that the motivation behind this petition was other than a professed interest in what was right for the City of West Covina.. I think there is something rotten in the wood pile there. Councilman Heath: Mr. Mayor, granted I appreciate your esteemed office. Far be .it from.me to lower it. But, I would remind you that the Mayor of • this City has no more power than any other Councilman except the fact that he is chairman of the meeting. For the Mayor to criticize other:members of the Council as to their integrity or what they intend to do I think it is entirely improper. If you have some charges to make I'would like you to put these charges out. Mayor Snyder: I have made them, Mr. Heath. That is all I am going to say. I did not imply I had more power than you. -27- • C. C. 4/26/65 REFERENDUM REPORT - Continued Councilman Heath: Councilman Jett: Mayor Snyder: Page Twenty -Eight. If you can't back them up by concrete facts and charges that will stand up in court -- I will second the motion made by Councilman Nichols. I ask again. Is this ordinance referendable? City Attorney, Mr. Williams: I don't know of any precedent. that has decided this. I can read the applicable law and you can draw your own conclusions: "No ordinance shall become effective until 30 days from and after the.date.of its passage except an ordinance calling or otherwise relating to an election. (b) An ordinance for the immediate preservation of the public peace, health, or safety when contains the declaration of the facts constituting its urgency and passed by four -fifths vote of the Council. (c) Ordinances relating to street improvement procedures. (d) Other ordinances governed by particular provisions of State.law predescribing the manner of their passage and.adoption." I think this ordinance does not fall within any of the exceptions and therefore would be subject to referendum. Action on Councilman Nichols' motion: Motion passed on roll call as follows: Ayes: Councilmen Jett, Nichols, Heath Noes: Councilman Krieger, Mayor Snyder Absent: None CITY TREASURER Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the City Treasurer's report for the month of March, 1965.be approved and placed on file, MAYOR'S REPORTS JAPANESE PROPERTY Mayor Snyder: We will retire to an executive session to discuss.pending litigation. Motion by Councilman Krieger, seconded by Councilman Heath,, and curried, to draw warrant in the amount of $58,OOO. and to accept the terms as offered by the Japanese American Association as shown in -letter of -Royal M. Sorensen dated April 9, 1965, and instruct the City Attorney to settle the case on those terms, 9 0 Co CQ 4/26/65 MAYOR'S REPORTS- Continued, SENIOR CITIZENS MONTH Mayor Snyder: PASADENA COMMUNICATION Page Twenty -Nine If there are no objections, I will proclaim May as Senior Citizens Month. (No objections voiced.) So proclaimed. Mayor Snyder: We have a communication from the City of Pasadena asking we send letters objecting to the choosing of Senators at Large in the reapportionment for Los Angeles County. I agree with this opposition. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Council go on record in opposition to the Senators from Los Angeles County being elected at large. City Clerk, Mr,, Flatten: MUNICIPAL COURT CONSOLIDATION I will take care of that. Mayor Snyder: We have a report regarding the Municipal Court consolidation. I guess there is not much we can do about that now. City Attorney, Mr. Williams: There will be a report on that at the Board of Directors meeting at the League the first Thursday of next month. Councilman Krieger: I would like to see the Council review very carefully Supervisor Hahn's letter and the County Administrative's report all of which I take vehement opposition to. City Attorney, Mr. Williams: I think it would be advisable that the Municipal Court judges themselves form an association independent of the League. MAYOR ELECTION Mayor Snyder vacated the Mayor's chair, • Mayor Snyder: The City Clerk will run the election for the new Mayor. City Clerk, Mr,, Flotten: Nominations are now open for the office of Mayor of the City of West Covina for the ensuing year. -29- Co C, 4/26/65 MAYOR ELECTION ® Continued • Councilman Heath: L� • Page Thirty I would like to nominate.Mro Russ Nichols for the office of Mayor of the City of West -Covina. Motion by Councilman Jett, seconded by Councilman Heath, and carried, that the nominations be closed and that a unanimous ballot be cast for Mr, Russ Nichols for the office of Mayor of the City of West Covina for the ensuing year, City Clerk, Mr,, Flotten: Nominations are now open for the office of Mayor Pro Tem of the City of West Covina for the ensuing year, Councilman Snyder: I would like to nominate Mr, Harvey Krieger for the office of Mayor Pro Tem of the City of West Covina, Motion by Councilman Jett, seconded by Councilman Heath, and carried, that the nominations for Mayor Pro Tem be closed and that a unanimous ballot be cast for Mr, Harvey Krieger for the office of Mayor...Pro Tem of the City of West Covina for the ensuing year, GRADUATE MONTH Mayor Nichols: COMMITTEE APPOINTMENTS If there are no objections,.I will proclaim May, 1965 as Graduate Month, (No objections voiced,) So proclaimed, Mayor Nichols: We have the committee appoint- ments prepared, If the Council will concur on this matter I would like to ask each Councilman to continue in his present capacity until the next regular Council meeting at which time we will have had a chance to review these Council appointments, Councilman Heath: With one exception, On the Sanitation District Board the Mayor... automatically becomes a Director and there is supposed to be a resolution prepared and forwarded upon your election to the Sanitation District, They are meeting the day after tomorrow, The resolution should be adopted tonight and sent through immediately upon.your election, Mayor Nichols: As far as the meeting the day after tomorrow, as continuing alternate on this would''you plan to attend that meeting? -30- ', • C,, C, ' 4/26165 COMMITTEE APPOINTMENTS - Continued Councilman Heath: RESOLUTION NO,, 3159 Sanitation District Representative ADOPTED City Clerk, Mr,, Flotten: Mayor Nichols: Page Thirty -One All right,, The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DESIGNATING ALTERNATE MEMBER, OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS. 15, 21 AND 22" The regular is Mayor Nichols and the alternate is Councilman Heath,, Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows. - Ayes: Councilmen Jett, Krieger, Heath, Mayor Nichols Noes: Councilman Snyder Absent: None Said resolution was given No,, 3159,, LAW DAY Mayor Nichols: COUNCIL COMMITTEE REPORTS BOND ELECTION If there are no objections, I will proclaim May 1, 1965 as Law Day,, (No objections voiced,) So proclaimed,, Councilman Krieger: During the past week as the Council is well aware, there are a number of activities engaged in by the citizens committee for a yes vote on each of the four bond propositions that will come up two weeks from tomorrow,, This past weekend a number of individuals including Mayor Nichols and myself made house -to -house calls in the area commonly known as Pickering for the purpose of discussing the merits.of this bond program with the people that live in that area and I know that they all shared with me the feeling that this type of contact is welcomed and appreciated and gives each individual the opportunity to pose whatever questions he or she may have as to the merits of this program,, We are fighting two basic problems in this -31- • 0 C, C, ' 4/26/65 BOND ELECTION - Continued Page Thirty -Two bond program. One is public apathy and the second is a lack of information as to what is involved, There has never been an attempt and I believe it will be a successful attempt by the citizens committee to inform the people of West Covina of what is.involved in this bond program and how their participation will be both welcomed and warranted and .why they should on May 11 come out by a two-thirds majority and vote yes on each of these bond propositions, I would like to suggest to the Council tonight two programs that would be of aid and assistance in this undertaking, First, I would like to see the Councilmen individually engage in the activities of house -to -house contact in areas that the citizens committee can designate to the Council. I have a particular consideration of those areas in and around Del Norte Park, Palmview Park, Cortez and the three high schools, There is a definite quest of information by people that in many instances can only be satisfied by a form of personal contact, This Council by unanimous vote as proposed that the people of West Covina support this program and this recommendation and action was predicated upon the action of our Planning Commission, our Parks and Recreation Commission and other interested groups and agencies within the City of West Covina, As only one individual and.working with Councilman Snyder as the Council delegates with this committee, f have been impressed with the sincerity of these people and with their enthusiasm and with their desire to inform people as to this program and I think the individual Councilmen can be of immeasurable benefit to conveying this message to the people of West Covina, First of all, as one of the two Council delegates on this program, I would like to informally receive the indication by each Councilman that he is willing to volunteer for such work in the two weeks between now and election day, Secondly, I would like to make a motion that in support, financial support of this program which needs financial support as well as physical participation that each Councilman contribute his salary for the month of May in the sum of $75 and his expense account for the month of May in the sum of $25 or in the total sum and amount of $1.00 in support of the citizens committee working for this program as a. further tangible manifestation of the Council's wholehearted support, financial and moral and physical, to this undertaking and at this time I would make such a motion, Councilman Snyder: Councilman Heath; Councilman Jett: unwarranted motion. I support the to have a personnel session, I will second the motion. I would like to suggest that this be discussed in a personnel session, I think I would concur with that. I think this is an program 100% but I would like • Councilman Snyder: I don't see where it is a personnel matter, Mayor Nichols; I would respond to in this way: That help is needed I certainly will be willing to contribute and expense account for the next month. I would prefer, to support a resolution that would make such contribution upon other Councilmen. I think.the.discussion itself by the motion if financial my salary however, not incumbent our -32- C, C, 4/26/65 BOND ELECTION - Continued Page Thirty -Three • representative to the bond program indicates there is feeling that there is that need and I would be sure that certainly the majority of the Council would give this matter much thought and I will pledge my Council salary for May for such purpose but I don't think I could support it as a formal Council action, • • Councilman Krieger: Councilman Snyder: LOS ANGELES CHAMBER OF COMMERCE COMMUNICATION Councilman Jett: I will withdraw my motion and pledge my salary. I will withdraw my second and pledge my salary. I received a letter from the Los Angeles Chamber of Commerce in reference to smog. This is one I feel is going to have to have positive action taken by the Senate if we are going to really accomplish anything on smog control. I would like to see this -Council pass.a resolution endorsing the stand that'the committee has recommended in favor of requiring automobiles manufactured during and after the year 1955 be required to install or have installed smog control devices as established by the Senate. I would like our resolution forwarded to Senator Reese, This is S,B, 317, Mayor Nichols: I don't have enough information or knowledge of the particular bill and the particular devices that they are talking about that I could really stand behind a resolution, Councilman Krieger: and the next Council meeting and we it at the next meeting, Councilman Jett: I would like the opportunity to review this between now will be prepared to discuss That is acceptable to me, Councilman Nichols: I feel that the past year that the Council under the leadershi of Dr. Snyder has in truth accomplished a p p great deal for the City of West Covina, It is true that there have been issues that have been controversial in nature and that have tended to divide us at times and bring us together at'other times but'by and.large I think this past year ,has showed a greater degree of harmony and cooperation. and hard work here in the City Council than perhaps the Council had experienced in some years before, It is certainly -my most sincere .desire that the example that has been set during the past year will be continued during the year to come in all aspects of our City life, Tonight a matter was resolved perhaps only temporarily that some of you had a considerable interest in and in which you invested a great deal of time and energy. A matter now comes before our City that cannot wait. It is the matter of the bond issue which Councilman Krieger has mentioned, Those of us on the City Council are giving every ounce of energy to promote the needs of this. community, I hope in all sincerity,.particularly most of you that shared much -33- r 40 C. C. ' 4f26/65 Page Thirty -Four COUNCIL COMMITTEE REPORTS —Continued of the position I have been taking on the Home Savings and Loan can demonstrate the same capacity for leadership and demonstrate to this entire community that you can join hands with us and go out during these next few weeks to show everyone everywhere that West Covinans can argue and fight over things where they disagree sincerely but that they can join together in the positive areas of the community service and bring victory to all of the citizens of our community. We.seek your support and with it I am sure we will have a fine year and victory at the polls on the llth. DEMANDS Motion by Councilman Krieger, seconded by Councilman Snyder,.to approve demands totalling $207,432.08 as listed on payroll registers, Bank of America and United California Bank C448 through C450. This total includes fund transfers of $175,281.43. Motion passed on roll call as follows: Ayes:. Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes. None Absent: None There being no further business, Motion by Councilman Snyder, seconded by Councilman Krieger, and carried, that this meeting be adjourned to Monday, May 3, 1965 at 7:30 P.M. The meeting was adjourned at 11.15 P.M. ATTEST. CITY CLERK �-��- APPROVED / MAYOR -34-