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05-10-1965 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA MAY 10, 1965 The regular meeting of the City Council was called to order by Mayer Nichols at 7 35 P.M. in the West Covina"City Hallo Councilman Jett led the Pledge of Allegiance. The Invocation was given by Rabbi Elisha Nattiv, Temple Sholom, West Covina. ROLL CALL Present: Mayor Nichols, Councilmen Jett, Snyder (from 7:40 PoM�), Krieger, Heath (from 8.15 P.M.) Others Present: Mr, George Aiassa, City Manager Mr, Robert Flotten, City Clerk & Admin. Assistant Mr. Harry Co Williams, City Attorney (from 8:05 P.M.) Mr. Herman.R. Fast,. Public Services Director Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES March 29, 1965 April 14, 1965 ) - Approved as submitted as follows: April 19, 1965 Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the Minutes of March 29, 1965; April 14, 1965; and April 19, 1965 be approved as submitted. April 12, 1965 - Held over as follows: Councilman Krieger: I would abstain on the vote of these Minutes. I was absent from that meeting. This was a special meeting called by the Mayor., Mayor Nichols: CITY CLERK°S.REPORTS All right, We will hold this over for the next meeting. PROJECT SP-6515 LOCATION: Azusa Canyon Road north PRECISE PLAN NO. 437 of San Bernardino Road. Accept Street Improvements W. R. Wilkinson Co., Inc. Accept street improvements and APPROVED authorize release of Glens Falls Insurance Company performance bond No. 97-65-19 in the amount of $5676.96. Inspectors final report filed. Staff recommends acceptance. Motion by Councilman Krieger, seconded'by Councilman Jett, and carried, to accept street improvements in Project SP 6515 and Precise Plan No, 437 and authorize release of Glens Falls Insurance Company performance bond No. 97-65-19 in the amount of $5676,96. -1- Co Co 511.G/:U..S. =- 'CLERK"S 'REPORTS .� 'Continued PRECISE PLAN NO. 199, REV,, 1 8 2 ACCEPT STREET IMPROVEMENTS Frank Horny APPROVED Page Two LOCATION-, 1828 - 1840 East Thelborn Street east of Azusa Avenue,, Accept street improvements,, Authorize release of United Pacific Insurance Company bonds No. B-106127 in the amount of $3,500 and No,, 122936 in the amount of $59000,, Inspector's final report filed,,' Staff recommends acceptance,, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, to accept street improvements in Precise Plan No,, 199, Revisions 1 and 2, and authorize release of United Pacific Insurance Company bonds No,, B-106127 in the amount of $3,500 and No,, 122936 in the amount of $5,0001, RESOLUTION NO. 3160 The City Clerk presented-, M & B Sub. No. 135-239 "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF METES AND BOUNDS SUBDIVISION NO,, 135-239 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND" Mayor Nichols-, Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Krieger seconded by Councilman Jett, that said resolution be adopted,, Motion passed on roll call as follows-, Ayes-, Councilmen Jett, Krieger, Mayor Nichols Noes -,None Absent-, Councilmen Snyder, Heath Said resolution was given No,, 3160,, RESOLUTION NO,, 3161 The City Clerk presented: Co. Sanitation Dist. No. 22 "A RESOLUTION OF THE CITY COUNCIL. ADOPTED OF THE CITY OF WEST COVINA GRANTING CONSENT TO THE ANNEXA- TION OF CERTAIN TERRITORY WITHIN SAID CITY TO COUNTY SANITATION DISTRICT NO,, 22 OF LOS ANGELES COUNTY" Mayor Nichols-, Hearing no objections,.we will waive further reading of the body of the resolution,, mm • 'RESOLUTI'ON NO.' -31-6I 'Co'nt'i'nu'ed Motion by Councilman Krieger, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Mayor Nichols Noes: None Absent: Councilmen Snyder, Heath Said resolution was given No. 3161. PLANNING COMMISSION REVIEW PLANNING COMMISSION ACTION OF MAY 59 1965 So indicated by Mr. Flotteno No items called up. (Councilman Snyder entered the chambers at 7:40 P.M.) METES 8 BOUNDS N0,, 135-238 LOCATION: Southeast corner of William A. Wilson California and HELD OVER Bainbridge Avenues, 1.13 Acres ® 4 Lots - Area District II. Approved by Planning Commission on April 79 1965. Held over from April 14th to April 26th for staff report on legal standpoint. Held over from April 26th to this date at request of applicant. Public Services Director, Mr. Fast: You have a letter in your mail requesting this matter be held over. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that Metes and Bounds Subdivision No. 135-238 be held over at the request of the applicant to the meeting of May 24, 1965. PLANNING*COMMISSION RECOMMENDATION REGARDING BALDWIN PARK ZONE CASE N0. Z-269 (A map was placed on the board and Mr. Joseph gave a brief summary of the matter.) Councilman Jett: When does that appeal come up? • Planning Director9.Mr. Joseph: I talked to the Planning Director of the City of Baldwin Park and he indicated they have 10 days to appeal fr6m the date of the 4th of .May and he has been.advised by the applicant that.the applicant would appeal to the City Council of Baldwin Park, Councilman Jett: This proposed C-1 zoning is contiguous to West Covina and, is completely surrounded by single family residences. I think this is one we should inform the City Council of Baldwin Park that we protest this. -3- C,, C,, ' 5/10/65 Page Four BALDWIN PARK ZONE CASE NOa Z-269 ® Continued • Councilman Krieger: Motion by Councilman that the Mayor write requesting that the RECREATION 6 PARKS None CITY MANAGER REPORTS I would agree,, Jett, seconded by Councilman Krieger, and carried, a letter to the City Council of Baldwin Park application for Zone Case No,, Z-269 be denied,, CITRUS COURT EXPANSION Judge Johnson: We started work on this matter about two years ago and at that time we requested the County to make a study of our needs,, They came up with a projection which showed when we had a saturation they estimated would be around 1975 to 1980; that we would require nine • to ten courts in our building. Preliminary plans were prepared two years ago, the first sketches, and the preliminary plans followed,, When we first started we tried to build the additions to the courthouse in three sections. We have learned it would be poor economy and we decided to build in two additions,, (Presented renderings and explained same,,) We are already one courtroom short,, We did not ask the Legislature for an additional judge this year. Our situation was not as bad as E1 Monte°s situation.. We did.indicate to Mr,, Bonelli, to the County Administrator°s Office and to Harvey Johnson that we would have to have some additional help before we get another judge if we wait until the 167 Legislature,, We will need help starting some time in the summer of 166,, Just today we got the decision of the Supreme Court on the matter of public defenders. As of this time the Supreme Court has decided we are to pay public defenders and this means there is almost immediately going to be a public defenders system,, This was anticipated in the plans,, If you have any questions, I will be happy to try to answer them,, Councilman Krieger: We received a.letter from • Supervisor Hahn dated April 21 which advises this Council as well as other councils of Los Angeles County of the action of the Board of Supervisors by a vote of three - to -two with respect to the consolidation into one County -wide district,, What do you feel would be the impact of that majority decision by the Board of.Supervisors on your plans here in Citrus for immediate expansion of the facility? Judge Johnson: I don't think it would have any real effect,, I think the main effect of that plan would be we would have a rather cumbersome super structure over the present court system. The legislative committee -4- Co Co 511016S 'CITRUS COURT EXPANSION Continued Page Five • of the Municipal Court Judges' Association has met and will recommend Wednesday night to the entire Association that we adopt the non court plan as being more flexible and less cumbersome,, It is not anticipated that outlying districts will be effected as far as judicial help is concerned. If there is going to be judicial help it is going to have to be added where it is needed and the outlying districts are the areas getting the growth,, Mayor Nichols; I had the opportunity recently to visit the Citrus Court and watch your temporary conversion of space underway to try to provide room which will be totally inadequate for the ,Furors to function under your current load and I would say your crowding situation there is almost as bad as ours here. I would ask the Council if it would be in the Council's range of feelings that I be authorized to go with the City Manager and meet with Mr. Bonelli and discuss this problem and see what help we might be able to engender for the needs of the City's courthouse? Councilman Jett: I would be in favor of that,, If there is any action here in the form of a resolution, would that substantially aid you? Do • you want something like that? Judge Johnson: It would be helpful to have a resolution endorsing the position of the judges with respect to the need of the immediate construction of these facilities and possibly an additional authorization to Mayor Nichols and Mr. Aiassa to implement that resolution by direct conference,, Councilman Jett: I think this is of sufficient urgency that we should take whatever steps we could to assist the judges in this decision because I feel very strongly,, RESOLUTION NO,, 3162 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA SUPPORTING THE COURT'S CONTENTION ON THE NEW COURT FACILITIES" Mayor Nichols: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Jett, seconded by Councilman Krieger, that said • resolution be adopted. Motion passed on roll call as follows-. Ayes-. Councilmen Jett, Snyder, Krieger,.MAyor Nichols Noes: None Absent: Councilman Heath Said -resolution was given Lo,, 3162 (Mr. Williams entered the chambers at 8:05 -5- • • C,, Co 5/10/65 CITRUS COURT EXPANSION Continued Motion by Councilman Krieger, seconded that the Mayor and the City Manager be meet with Supervisor Bonelli at their of Supervisor Bonelli to impress upon priority of this particular matter in the City Council of West Covina,, Page Six by Councilman Jett, and carried, authorized and requested to convenience and at the convenience the Supervisor the urgency and the opinion and consensus of SCHEDULED MATTERS HEARINGS UNCLASSIFIED USE PERMIT N0, 71(1) LOCATION- Pass and Covina Road Home Savings & 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 12, 1965, Held over to this date at applicant's request,, City C1erk,.Mr,, Flotten- The Council has received a letter from Attorney Pennington requesting that this matter be held over to June 28, 1965,, Motion by Councilman Snyder, seconded by Councilman Krieger, and_ carried, that Unclassified Use Permit No,, 71, Revision 1, be held over at the applicant's request to June 28, 1965,, Motion.by Councilman Krieger, seconded by Councilman Jett, and carried, that the City Clerk be instructed to advise the applicant that the Council will not favorably consider any further request for continuance of this matter when the request for the continuance is received on the date'of the proposed hearing,, ZONE CHANGE N0, 340 LOCATION- West, south and east of Southern California Savings & Loan Tract No,, 26890, APPROVED Request.to reclassify from A®1®5 (County Zoning) to Zone Rml in Area District IV (City) approved by Planning Commission Resolution No, 1773, City Clerk,.Mr,, Flotten- The notice of this public hearing appeared in the West Covina • Tribune on April 299 1965 and 21 notices were mailed to property owners in the area,, (Read Planning Commission Resolution No,, 1773,,) Mayor Nichols.- This is the time and place for the public hearing, There being no public testimony, the hearing was closed, C. C,, 5/10/65 ZONE CHANGE NO,, 340 - Continued Page Seven Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that Zone Change No. 340 be approved as requested,, GENERAL MATTERS 'ORAL ` 'COMMUNICATIONS COMPLAINT Mrs. Irene Houchins I had occasion recently to have 5038 Banna Avenue some automotive work done in Charter Oak West Covina,, I chose this business advertised in the Daily Tribune and the price was reasonable,, Why when a license is issued to your businesses, any business, is there not regulations and restrictions protecting the customer as well as the business? When we brought our car to be fixed they took it, they agreed to do the work,, We knew other work had to be done but at this time this was all we could afford. After they tore the car down they decided we needed the other work and they would not do the job at all,, They wanted us to take out a personal loan,, We said we didn't want to do this at this time,, They refused to do the job. We drove the car in and they said to tow it away. We refused to do this, asked them to at least put it back the way it was so we could take it somewhere else. This was a job that would require maybe a day or two and they had the car for almost two weeks. They gave us a loaner car, a '51 or 152 Chevy,, It was in poor condition,, You have.to sign a paper saying that they will not be held responsible incase of accident but they don't state that if that car is not in good condition that you are not responsible for the condition,, The car a week and a half after they had our car plus flat tires on this. - .loaner car, the spare was flat, 'there was no handle for the jack, you couldn't open the door on the driver's side,, My husband was coming back from work.and the car threw a rod and it went through the motor,, We were to pick up our car the next day,, This was two days less than two weeks for a valve job,, They told us before they.would give us our car we had to pay $200 for the loaner car,, There was nothing to protect us in any way. We called an attorney and he said there is nothing we can do,, Mayor Nichols: We are sympathetic to your problem,,- I think there are legal implications here,, Mr. Williams, would you comment on this? Mrs. Irene Houchins: We have discussed this with the City Attorney, with the District Attorneys with lawyers; there is no protection whatsoever,, They could hold our car as long as they wanted until we pay whatever they ask,, Councilman Snyder: I am not sure under the law if there is any way we can protect youo Mayor Nichols: Have you gone to the Better Business.Bureau? -7- C. C, 5/10/65 'COMPLAINT ® Continued Page Eight Mrs, Irene Houchins: No, We called the Chamber of Commerce and I would like to ask you gentlemen what the function of the Chamber of Commerce is? They told us they are no more than a service organization the same as the Rotary Club and the Kiwanis, I thought they were to protect your community at large, (Councilman Heath entered the chambers at 8:15 P.M. Mayor Nichols: Write to Governor Brown's Office of Consumer Protection, He does have a full-time individual in the.State of California who investigates cases where the consumer may feel he may have been imposed upon, Mrs, Irene Houchins: When I called to ask was there any restrictions on licenses, were there any regulations that were put into the licenses when they were issued so everyone was protected, there is nothing. All you do is collect your taxes on them. I don't think that is fair, Mayor Nichols: We appreciate having your opinion, Councilman Snyder: Mr, Williams, it is not possible • for the Council to have the legislative power or police power to put any such restrictions into a license, is there? City Attorney, Mr, Williams: These are civil matters between City is in no way involved in this, the two parties involved, The Councilman Snyder: We have no police power to put such restrictions in a license, Mrs, Irene Houchins: I understand in Los Angeles a business is required if they do not want to do the job that they must put the article back in the condition it came in, not better it in any way but at least in the condition it came in, Mayor Nichols: I would like to suggest that you call here at the City Hall and meet with representatives of the City Manager and research through this and determine what if any policies involved in this matter would be of a legal concern of the City, Mrs, Irene Houchins: I understand you are not responsible in any way, • Mayor Nichols: We will take it under advisement and if you will take time to come back and present your problem in detail we will try to see what we can do, C. Cv * 5l10l65 Page Nine ORAL COMMUNICATIONS ® Continued • BERGE PROPERTY Mr. Ralph Goldstein There were some people to be here 1546 Cameron tonight to present a request to West Covina the Council and I would appreciate it if the Council would hear them when they arrived as they are not here yet. It would be under the Oral Communications part of your agenda. Mayor Nichols: I spoke with one of the gentlemen today and they said they might delay their presentation and correspond by written communication. If they do come later and if they wish to wait until the end of the agenda we will be glad to give them consideration at that time. WRITTEN COMMUNICATIONS None CITY ATTORNEY • ORDINANCE NO, 922 The City Attorney presented: ZC No, 366 "AN ORDINANCE OF THE CITY COUNCIL Jones & Howard OF THE CITY OF WEST COVINA ADOPTED AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 336, Jones 6 Howard) Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Krieger, seconded by Councilman Heath, that said ordinance be adopted. Councilman Jett: Approval of this zoning does not take place until the City has a deed dedicating all this property and the improvements, is that correct? City Attorneys Mr. Williams: Not the improvements. This ordinance will not be effective until the City has received a deed dedicating the full 80 feet in width which is both sides of the dividing line of the ownership line and until it has received a release of right -of -access to Truman • Place and Wescove Place. The improvements would be taken care of ordinarily when they build, when a precise plan comes in. Action on Councilman Krieger's motion: Motion passed on roll call as follows: Ayes: Councilmen Krieger, Heath, Mayor Nichols Noes: 'Councilmen Jett, Snyder Absent: None Said ordinance was given No. 922. Co C. ' 5110/65 CITY ATTORNEY m Continued ORDINANCE INTRODUCTION ZC No. 339 - Travis Page Ten 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 3399 Travis) Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance,, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that said ordinance be introduced,, ORDINANCE INTRODUCTION The City Attorney presented: Repealing Ordinance No. 917 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING ORDINANCE NO,, 917" (Home Savings and Loan Assoc,,) Councilman Snyder: Ordinance 917 did zone the R-2 but did it also zone the R-1? • Planning Direc.tor,.Mr,, Joseph: The underlying zone is R-1,, The rezoned property is just from R-1 to R-2 because the commercial was not involved.in this. They have R®19.Area District I now on the property,, Councilman Snyder: How about the first and second increment? Planning Director, Mr,, Joseph: There are 40 acres involved here,, Councilman Snyder: For those who voted to repeal this ordinance I wonder if you. - are aware there was some talk last time regarding trading of zoning, and that Azusa Avenue has not been dedicated yet,, City Manager, Mr,,, Aiassao We have not received the deed,, Councilman Snyder: Do you have any indication or promise of dedication of Azusa Avenue? City Manager, Mr,, Aiassa: Just verbally,, Councilman Snyder: With the repeal of this zoning • probably Home Savings and Loan will have no recourse but a grid section of R-1 which is not suitable to this type of development,, City Attorney, Mr,, Williams: Home Savings I imagine will move all their commercial and all their sales tax producing element into Walnut,, Councilman Snyder: Personally on the merits of the ordinance I merely added these extra comments for added discussion,, My vote remains the same even ..on the merits,, m10® 11 Co Co 5/10/65 ORDINANCE INTRODUCTION (HOME SAVINGS 6 LOAN) - Continued Page Eleven Councilman Jett: I don't think I would allow myself to be swayed by coercion or threats or anything of this nature,, I made my determination based entirely upon my opinion of the circumstances surrounding the application before us,, I still feel the same as I did then. I have had nothing brought to my attention to change my opinion what- soever,, Councilman Snyder: Did you have any coercion or threats? There were none to my knowledge You made a statement of coercion and threats,, Councilman Jett: Only what you are referring to here,, Councilman Snyder: I am merely saying what Home Savings could do and I have had no discussion that they would put this into Walnut,, If the impli- cation is that I made any coercion or threat here I would like it withdrawn,, Mayor Nichols: It was not my understanding that there was implication that there • was any coercion or threat made here. My understanding was that what Mr. Jett was saying was that Home Savings' position if they should take such a position could be conceived as coercion or threat on the part of a Councilman, not your statement of the possible stand,, Councilman Jett: That is correct,, Councilman Snyder: You have received no indication from them? Mayor Nichols: I don't believe we have. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Jett, that said ordinance be introduced. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Mayor Nichols Noes: Councilmen Snyder, Krieger Absent: None RESOLUTION NO,, 3163 The City Attorney presented: V No.552 - Lark Ellen Towers "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA-. DENYING A VARIANCE" (V 552, Lark Ellen :Towers) Mayor Nichols: Hearing no objections, we will waive further reading of the body of the resolution,, i 0 Co Co 5/10/65 RESOLUTION NO,, 3163 ® Continued Page Twelve Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted',, Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None Said resolution was given No,, 3163,, RESOLUTION NO,, 3164 Senate Reapportionment ADOPTED Mayor Nichols: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL: OF THE CITY OF WEST COVINA OPPOSING THE 'AT LARGE° CONCEPT OF SENATE REAPPORTIONMENT" Hearing no objections, we will waive further reading of the body of the resolution,, A request came in our mail that we oppose this matter. Since that time the State Senate has acted to send a bill to the Assembly which does not include the "at large" concept,, Councilman Snyder: The Assembly has not acted yet,, Councilman Krieger: This resolution simply states our objection against the "at large" concept. Since it is not the law right now one way or the other there is no reason we should not take a stand against it. Motion by Councilman.Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None Said resolution was given No,, 3164,, ORDINANCE INTRODUCTION Inhaling or Drinking Certain Substances City Attorney, Mr,, Williams-. The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE BY THE ADDITION THERETO OF A NEW SECTION 4107,,2 RELATING TO INHALING OR DRINKING CERTAIN SUBSTANCES" (Read ordinance in full,,) Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that said ordinance be introduced,, ®12® C, Co 5/10/65 Page Thirteen ORAL COMMUNICATIONS m Continued 0 BERGE PROPERTY Mr, Al Jordan I would like to bring an issue 1623 East Francisquito before you just for informational West Covina purposes and see what help that the Council can give us in the area.of Francisquito and Azusa concerning the recent rezoning, We have about 80 families in that area affected by this, They signed a petition protesting this type of zoning there, We have Mr. Nelson from that area who did not receive notices. About 75% of the people affected by this did not receive notices, Mr, Dave Nelson I live within 500 feet of the 1312 Auburn Drive area rezoned, We have been West Covina, fighting this for many years. If you recall two_years ago when the Brutocao development and Galster Park donation was made it changed the master plan of the City providing for commercial on the southwest corner of Francisquito, Mr. Brutocao came before you with the Galster development, et cetera, and it was moved and decided .that the best place for commercial application for a ranch style shopping center would be the southeast corner and provision was made at that time for a change in plan, Pursuant to this there was an • agreement that the Berge property in the County would be vigorously opposed to any zone change.as far as the City was concerned with the possible exception of a fire station, We have gone through now a period where the zoning has been granted to the Galster®Brutocao development area and all of a sudden some of us awakened to find that the Berge property.on the northwest corner has in fact been rezoned for commercial application to include I understand.a gas station and a small medical building and something else, This was directly contrary to what the City expressed as their desires two years ago particularly in relation to the gas station and living within the proximity of that particular zone change I did not receive notice from Los Angeles County, I understand that we opposed this zone change as a City but I would like to know if we vigorously opposed this, Mr, Ralph Goldstein Once you get commercial in down 1546 Cameron there it is going to affect the West Covina whole residential area and character of Azusa Avenue all the way from our point and south, Even though the City Council here had twice turned down the application for change of zone and admission to the City of this parcel, even though the County turned it down five years before it got by this time and apparently got by on the basis m® and this lot.is surrounded on three sides by West Covina ®® it got by because the people on the west side of Azusa didn't get notice and one reason is that the listings that were used were apparently an old tax list, The application for change of -. zone was filed in July of 164 but not passed until February of 165, We think this is very bad to allow this one spot zoning there to change the whole character of the whole east side of West Covina and we would respectfully urge and there is a time danger here because it is already passed, They have already moved off Mr. Berge°s house, They are ready to build, We think there was some great technical error with these tax lists and we would request first that the City Council ask the City Attorney to find out whether or not something can be done to obtain reconsideration of this change of zone, This is that important to the City of West Covina and the people living there, Secondly, I understand that the Mayor and the City Manager -13® • s 11 C,, C,, 5/10/65 BERGE PROPERTY o Continued Page Fourteen are going to meet with Supervisor Bonelli in the near future and we think it might be appropriate to have the Mayor and City Manager bring this up with Supervisor Bonelli,, This is a terrible thing if it gets in .this spoto These people living within 500 feet -of Azusa and Francisquito did not get notice and one of the things that the Planning Commission hearing they were wondering why people from the west side of Azusa and Francisquito where this property is did not appear and protest whereas on the east side there were 22 people on the petitiork that did protest,, Mr,, Al Jordan: Over the weekend we actually made a survey there, house -to -house in that particular area, and we asked them what they thought and we how ask the Council to do whatever you can in this matter. Later on I will submit a letter to the Council asking you to hear members of this group with the evidence we have,, We have all the information about this,, I think some new evidence has been received from the County that is contrary to this zoning,, I will submit that letter to the City Clerk before this meeting is over,, Mayor Nichols; This Council did go on record against the zone change both before the Regional Planning Commission of the County of Los Angeles and that protest was reiterated at that time. There were numerous people'from-':the neighborhood who lived on the west side of Azusa Avenue who were aware of that and some of whom did come to the Council meeting during that period of time and the County took its action,, With respect to the notification or lack thereof that is a County procedure and not a City procedure and any feeling of objection that you would have relative to not having been properly notified should I think rightfully be taken up with the proper County authorities,, Certainly we do have a concern relative to the zoning. There are many legal matters inherent in what you are bringing up at this very late dateiand,I think perhaps there should be some staff.investigation before>the.matter would become further involved,, Councilman Krieger; I am disturbed about this On two separate occasions this Council did take the position that we were opposed to the type of zoning that these people are also opposed to,, If by virtue of certain procedural defects in the County®s hearing mechanism these people did not receive notice and it is within our power to call this to the Countyes attention and assist in any matter to have this matter re- opened, I think we should initiate it,, It would be consistent with the position we have taken in.the past and I think as strongly as we can we should continue to oppose this type of zoning in that par- ticular area,, I would be disposed to see this Council take whatever affirmative actions within .its power to call this matter to the immediate attention of the County with the purpose and hope that this matter be reopened,, Councilman Snyder: the matter of notice, the area was Planning Director, Mr,, Joseph: I am just zoning as posted, was as much against this anybody but regarding it not? They give written notice within 500 feet of the subject property,, -14- 0 Co Co 5/10/65 BERG£ PROPERTY ® Continued Councilman Snyder -.- Planning Director, Mr,, Josephs Page Fifteen Are they required to file an affidavit of these notices? I think they do the same as we do,, Councilman Snyder.- Is failure of a person to receive a notice ®® how does he prove this? Is this sufficient grounds for opening up the case? City Attorney, Mr,, Williams: The receipt of notice is not necessary to jurisdiction It is the giving of notice and the giving is tied to something like the last equalized assessment roll or to the last addresses on the Registrars books or some such thing as that,, As to whether or not this was complied with is something that should be addressed to the County because each jurisdiction may have a slightly different guide as to whom they give notice. Many people, especially if they are new in the neighborhood, do not get the notice,, A great many people if they are new in the neighborhood and it isn't reported to the Tax Assessor don?t get their tax bills, either,, Councilman Snyder: strong a case as possible. City Attorney, Mr,, Williams. - Mayor Nichols. - If we are going down to oppose this we want to go with as Has the ordinance gone into effect? I can only assume that it has because I recall the action has been several months,, Planning Director, Mr,, Joseph: The Board held their hearing I believe in January and the ordinance was passed in February and became effective in March,, (Mr. Ralph M,, Goldstein presented a petition to the City Clerk,,) Voice.- You stated that the Council has gone on record as being opposed to this zone change,, If I am correct, Mr. Heath appeared at the meeting of the Board of Supervisors in February as a private citizen and testified that he had no objection to the zone changeo. I,would like it to go on record that apparently the Council was not unanimous in its opposition to the zone change,, Councilman Jett-, I would like to point out that quite often things happen here when the action is not unanimous,, However, I would like to.mention the fact that we have gone on record in the past,, They had an application here at one time for that corner for annexation to the City and a request for zoning and we denied both of them. They were granted the zoning by the County; they have torn down buildings and moved a house on that corner and they have cleared some trees out of there,, .They have gone to considerable expense,, I don°t believe that zoning could be rescinded, could it, Mr,, Williams? ®15m C. C. 5/10/65 Page Sixteen BERGE PROPERTY - Continued: y Attorney, new proceeding was -i v e�., • nstituted"..,f. a City Attorne Mr, Williams: If it�were changed back now i in the County to rezone it back to what it was before or to some other zoning 'then the commercial which is now -'objected to -I think -it 'is"'likely that the owners have taken sufficient steps`in reliance'on"the zoning that the change would not deprive them of the right to proceed with -the commercial zoning. The attack I presume that would be taken, if any, that might be successful would have to be an attack upon the.validity of the action of rezoning and if it'was not validly'rezdned then"no matter what the owner did he would acquire no right. This is not An— action that the City of West Covina can take, however, in County ter- ritory, Councilman Snyder: Could an action be instituted requiring proof of'the giving of notice? The City can't do this. Mr. Williams: This would be addressed to the Board of Supervisors just As' -if it were alleged in a- zoning case you heard. Councilman Krieger: The way this is presented we are - strictly in the field of specula- tion as to the irrevocability of the Board's action or the validity do of the Board's action. I don't see where we are benefiting either the people here tonight to communicate this information nor are we able to reach any firm conclusion as to what, if anything, we can do further to evidence our protest to this type of zoning. Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, that the City Attorney and the Planning Director be re- quested to prepare and submit to the Council at our next regular meeting a report on the procedures followed in this particular zone case with a recommendation as to what, if any, further action this Councilman take with respect to the zoning on this property. (Councilman Beath abstained.) CITY MANAGER REPORTS TRIBUNE TABLOID City Manager, Mr. Aiassa: We have a proposal and a written request from the Tribune to de- velop a tabloid, two full sheets, which we have laid out for Council review, (Presented rendering and explained same.) The total price is $1,160.00. Two years ago we did a similar program with Western Cities. If the Council is in favor of this I would like to see if we take our side of the Tabloid and advertise some of the new devel- opments, Carousel Theater, et cetera, to see if we can get these owners to help us defray these costs. In this proposal they provide 5,000 additional copies for $115.00. I don't think we need those copies. The total cost will be $1,160.00. If I can obtain some participation to the tune of five or six hundred dollars that would cut the price in half. That would be a venture on my part to see if I can get fi- nancial participation. The newspaper is going to publication in June. We have money in the budget and we can defray it, -16- is • 0 C,, Co 5/10/65 TABLOID (TRIBUNE) ® Continued Page Seventeen Councilman Snyder: The only thing I feel about this special issue, it contains several sections and I would be surprised if very many people read all those sections,, I don't, Councilman Heath: I would say go ahead. I think it - will get a pretty good circulation,, Councilman Krieger: I won't comment on the circulation possibilities,, I don't have the slightest idea. It seems to have the recommendation of staff. I am not in a position to second-guess that recommendation,, Councilman Snyder: I would go along with.it only if the staff has final approval of both the free side and the paid -for side,, Councilman Jett: I don't see why we would want to send something like this out to the people of the City of West Covina,, I don't see where they will benefit from something like this,, If we had something we were sending out attempting to attract to the City, something like the Carousel Theater, this would be something else but just to make a report to the citizens of West Covina that costs $1,160,00, I am opposed to it,, Councilman Heath: I think Mr,, Jett has a good point. What would be the distribution of this circular? Where would it be distributed? City Manager, Mr,, Aiassa: The,entire circulation of the Tribune,, Mayor Nichols: The Daily Tribune has 70,000 paid subscriptions throughout the San Gabriel Valley and today I had the privilege to draw a number in a contest they are running and I drew seven numbers and I never did draw anyone in West Covina,, Motion by Councilman Snyder, seconded by Councilman Krieger, to appropriate $19160.00 for the Tabloid to be produced in the June Tribune Special Issue and that this appropriation is contingent upon the staff having final approval of the copy to go into this on both sides. Motion passed on roll call as follows: Ayes: Councilmen Snyder, Krieger, Heath Noes: Councilman Jett Absent: None Abstained: Mayor Nichols Mayor Nichols: My personal opinion is this is not a fruitful expenditure as public funds but I do not want to show officially on the record as opposing the City Manager,, ®17_ 0 0 C. Co 5/10165' CITY MANAGER REPORTS - Continued JAPANESE PROPERTY Page Eighteen City Manager, Mr,, Aiassa: The City Attorney and the Council has come to the conclusion that we should pay the amount granted by the court and I need authorization to open and close escrow for the right-of-way as outlined in the letter from Mr,, Sorenson and an authorization to draw a warrant for $589000,,00 to pay for subject acquisition of right-of-way,, City Attorney, Mr,, Williams: I don't think an escrow but judgement,, we will.do it through through a stipulated Motion by Councilman Snyder, seconded by Councilman Krieger, that the staff issue a warrant for $589000,,00 to the Japanese American Society and direct the City Attorney to consummate the transaction for all the right-of-way as outlined and proposed by the court judgement. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None RECREATION 8 PARK COMMISSION ACTION OF APRIL 27, 1965 Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the summary of actions taken by the Recreation and Parks Commission on April 27, 1965 be approved and filed and agenda item No,, 8 therein be referred back to the Parks and Recreation Commission for a. further report,, PERSONNEL BOARD REQUEST City Manager, Mr, Aiassa: We have a request from.the Personnel Board dated April 29, 1965 regarding an ordinance covering all the commissions formally,, Councilman Snyder: We have made a policy statement only -which doesn't have any validity. What they are asking is that either remove the restriction from all the commissions or make it the same for all commissions,, It seems logical and fair to me,, City Manager, Mr,, Aiassa: ordinances that set the rules for resolution to make it comparable Councilman Krieger: The only way you can correct this matter is to either amend all the the commissions or amend the Personnel to the other commissions,, I think this would be appropriate to be on a study session,, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this matter be held to the next regular study session of the Council,, C,, Co 5l10l65 Page Nineteen PERSONNEL BOARD REQUEST - Continued is City Attorney, Mr,, Williams: The terms of the Planning.Commission are set by State law. FIREMEN'S QUALIFICATIONS City Manager, Mr. Aiassa: This matter was given to you at the prior meeting and the Council had an opportunity to look it over. Councilman Snyder: Why are you going from 518" to 519"7 There is a possibility you can get somebody who is 516" who in other respects would be ideal,, City Manager, Mr,, Aissa: The turn -out equipment would be too big. This is taken care of by the Fire Department,, Councilman Snyder: I don't see any reason to go from 518" to 519",, This seems to be an arbitrary thing,, Councilman Krieger: Inasmuch as the Personnel Board recommended this maybe we are being arbitrary to say we can't go to 5'911,, Councilman Snyder: There should be a reason for the change,, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Firemen's Qualifications proposed changes be held over to.the next regular Council meeting,, TRAFFIC COMMITTEE MINUTES OF MAY 49 1965 City Manager, Mr,, Aiassa: If you haven't had time to read these Minutes we can hold it over,, We did put four-way stop signs at Cameron and California,, I would like that phase accepted tonight so those stop signs will be legal,, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the four-way stop signs at Cameron and California portion of the Traffic Committee Minutes of May 4, 1965 be accepted,, Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, that the rest of the Traffic Committee Minutes of May 4, 1965 be held over, -19- • C, C, 5110/65 CITY MANAGER REPORTS = Continued HUMAN RELATIONS COMMISSION REQUEST Commissioners' letter Councilman Krieger: Page Twenty I think this would be appropriate to discuss at a study session, Councilman Heath: I agree, Councilman Snyder: I would be happy to act on it tonight with the exception of one word, If it were amended to say: ", , , to all qualified adults, , ," I would go along with it, I would say this is a matter of some urgency as far as the transmission of such a resolution. I have no objection to holding it for study session if it is not held too long, Councilman Jett: I read this letter and I think this is something that should be brought up -.in a study session because I don't think it is the appropriate action of the City Council, I don't think it is an action we should take or a recommendation we should make. I don't see where the City is involved here whatsoever. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this matter be held to the next study session, Councilman Snyder- I would take exception that this is not a matter for the City to undertake, It is certainly just as much a matter for our local consideration as it is many of these other items we have taken up, Mayor Nichols; City Manager, Mr, Aiassa: Mr, Aiassa, when would we have a study session? We could do it before our meeting with the City of Walnut on the 17th, AGENDA ITEMS PRESENTED BY COUNCILMEN Councilman Snyder: Councilman Jett - What is the policy regarding individual Council members putting matters on.the agenda? I think any Councilman has the right to put something on the agenda, • City Attorney, Mr, Williams- I don't recall anything in the ordinance on it, Councilman Jett- What would be the procedure if a Councilman wanted to put something on the agenda? Would it have to appear on the agenda so it would come out on the Friday prior to our Monday meeting? _20_ 0 Co C,, ' 5/10165 AGENDA ITEMS PRESENTED BY COUNCILMEN Continued Page Twenty -One Councilman Heath: I think this is up to the Council to decide when you can and can't put something on the agenda and not to embarrass the staff to answer that,, City Manager, Mr, Aiassa: Councilman Jett: (Read Section 2103, Agenda,,) It does not specify that any individual could not have -- something put on the agenda,, Councilman Heath: I don't think this pertains to the matters brought up by the Council. If a Councilman makes a report whereby there must be action taken at the end of that report I don't see how this would apply City Manager, Mr,, Aiassa: Councilman Krieger: City Manager, Mr, Aiassa: Councilman Krieger: There is a provision regarding matters brought up directly by the Council,, (Read Section 2105,,1,,) This must be done at the time you are in a meeting,, I believe that is the question,, Councilman Snyder: This needs more clarifying. In the past when anybody wanted something on the agenda we called the City Clerk and put it on. If it must be done at a meeting it can be done by an individual Councilman or does it require a majority vote? Councilman Heath: I think we are intended to have these meetings to make policy and to discuss certain items. Regardless of when this item is brought up I think we should handle it even.if.it is.brought up at the meeting where it is intended to be discussed and acted on,, Mayor Nichols: It seems to me the question raised here involves a request by a Councilman for an item to appear on the printed agenda as' opposed to the Council reports area where any Councilman may bring up any item for discussion by the total Council,, The question is the right of a Councilman to have an item placed on the agenda and the City Attorney is our legal expert in this matter but every -- citizen who comes in and requests a hearing before the.Council, if he requests it before the preparation of the agenda it appears on the agenda and the agenda is only a listing of items to be covered by the Council and not a binding agent so I would assume just as one Councilman that as there is nothing prohibiting a Councilman to make such a request it is therefore authorized and I think our City Attorney should comment on this,, City Attorney, Mr, Williams: I think any person can have an item placed on the agenda provided he gets in touch with the City Clerk within sufficient time to get it on the agenda and provided it fits within one of the catagories listed in the former.Ordinance 502 of the subjects -21- 0 n U Co Co 5110/65 Page Twenty -Two AGENDA ITEMS PRESENTED BY COUNCILMEN Continued that the City Council will take up. Since one of them is written communications almost anybody can get on the agenda or under oral communications they can just stand up and speak,, I haven't the slightest doubt that any member of the City Council can call up and put an item on an agenda,,' The only thing I can see is there has to be a deadline to get on the written agenda,, Councilman Heath: I would think in the pursuit of running the City that a Councilman should call up before Friday to get it on the written agenda but I don°t think the Councilman should be restricted from bringing up something in addition to that at the regular meeting to have it acted on,, Mayor Nichols: majority as that would a courtesy to whether come before to allow a I think any matter of that sort would be up to the Council it would receive the same as any other item the Council. Usually it is almost always Councilman to bring up an item,, Councilman Heath: I think it should be left that any Councilman can bring up any subject on the night of the meeting that he feels is necessary,, Councilman Snyder: The reason I ask is that sometimes if it is something.that requires a little bit of thought or is controversial, the Councilman may want to alert the rest of the Council that he is bringing it up so they can be prepared,, FOREST LAWN LAW SUIT City Manager, Mr,, Aiassa: Should we proceed with an appeal or not? City Attorney, Mr,, Williams: Since last December we have been talking and hopeful we woul.d reach an agreement with Mr,,Yount or whoever the actual owner is and from time to time there have been indications they might drop the suit and stay with the City,, The present indication is that they will not voluntarily submit to annexation by West Covina but will fight it. The question is whether or not you wish to proceed,, The next step is to go through the District Court of Appeal. Or, you may drop the matter where it is,, Councilman Jett.* I think we should follow through with this. I think we have come • this far with this,, Certainly I feel with the time and effort that has been. put into this annexation we have felt it should be in the City. As far as I know there has not been a change of opinion on the Council,, Councilman Snyder: I don't think we have any choice but to appeal,, We.have no area of agreement with the developer in that area,, -22- C,, C,, 5/10/65 E FOREST LAWN LAW SUIT m Continued Page Twenty -Three Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the City Attorney be instructed to proceed with an appeal to the District Court of Appeal in the Forest Lawn Law Suit,, Councilman Heath: FREEWAY MODIFICATION HEARING City Manager, Mr,, Aiassa: I feel there is a possibility we might be on dangerous ground,, I don't think this should be heard on a regular Council meeting,, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the Freeway Modification Hearing be set for Wednesday, May 26, 1965 on the Planning Commission's recommendations on the freeway modifications; that the time is to be 7:30 P,,M,, CITY LIMIT WELCOME SIGNS ON FREEWAY • City Manager, Mr, Aiassa: We turned this over to the Chamber of Commerce. To this date we have not started a program,, The staff has laid out six recommenda- tions,, We are going into the budget session and if we are going to put these signs up let's set money aside,, The signs are nine and six feet high. • Councilman Jett: If you will make them big enough to -be seen from the freeway and big enough I will go along with it,, Nine feet isn't big enough. I would say a sign like this where we are attempting to attract 1009000 people going by daily we should have something in the neighborhood of a 24 poster sign,, Councilman Heath: Mayor Nichols: this,, Do we have a volunteer? Councilman Snyder: Mayor Nichols: the layouts, Councilman Jett? Councilman Jett: Councilman Heath: City Manager, Mr,, Aiassa: Planning Director, Mr, Joseph: I think it should be bigger than nine feet,, We would like a Councilman to work with the City Manager on I,will work with them. All right,, Would you like to join with Dr,, Snyder in making I would be happy to,, Does the City of West Covina have to get a variance? No. I checked that with the Planning Director,, Municipal signs are excepted from the provisions of the ordinance,, m23® • C, Co ' 5110/65 Page Twenty -Four CITY MANAGER REPORTS - Continued MAY 26TH HEARING - USGVMWD Annexation before LAFC City Manager, Mr, Aiassa: On May 26there will be a hearing with the Local Formation Committee on the annexation to the Upper San Gabriel Municipal Water District and I would like to know if the Council wants representation at that meeting, Mayor Nichols: Do you feel it is desirable? Councilman Heath: Yes, Azusa is going to contest this and I think we should be prepared, Councilman Krieger: I would make the recommendation that the City Manager and myself represent the Council at that hearing and I will so move. Action on Councilman Krieger°s motion: Seconded by Councilman Heath and carried, Councilman Snyder.: If this is approved this does not invalidate the prior approval, does it? City Attorney, Mr, Williams: AZUSA AVENUE F,A,S,U,E, PROJECT No, It is like getting two building permits, You can build either one, City Manager, Mr, Aiassa: The State has approved U,E,6341 for $80,000 for the Azusa Bridge, I would like to let the Council know we are now preparing legal description for the entire extension of Azusa Avenue over the hill and I would like to have some guidance from the Council as to the method we must proceed in acquiring this, There are four property owners involved, They have all made verbal commitments. I would like permission of the Council to authorize Mr. Heath to contact Mr, Oschin and for us to contact Batchelder. Home Savings and one other, the old Brutoceo development. Public Services Director, Mr, Fast: The County has requested us to get deeds for the City only and they will proceed in the County area, City Manager, Mr, Aiassa: Mr, Templin asked me to help out with the Batchelder deed, Motion by Councilman Krieger, seconded by Councilman Heath, and carried,.that the staff be authorized to proceed with the acquisition of the necessary right-of-way for the extension of Azusa Avenue south, !!VLM • • C. C. 5/10/65 CITY MANAGER REPORTS ® Continued MUNICIPAL COURT DISTRICT COMPARISON Councilman Krieger: the position taken b and the consolidatio I"disagree with the Board of Supervisors Supervisor Bonelli court district. Page Twenty -Five This is a letter we received from Supervisor Hahn justifying y three members of the Board of Supervisors n into one district. I disagree with the report., recommendation of the three members of the and I agree with the two members including who voted against the consolidation into one I think this is inconsistent with the position the League has taken and the position that the Association of Municipal Court Judges has taken. Move that the Mayor be authorized to direct a letter to Mr. Hahn stating that the Council of the City of West Covina is supporting the position taken by Supervisor Bonelli of the First Supervisorial District relative to this matter. Councilman Heath: City Attorney, Mr. Williams: Councilman Snyder: Should the letter go to Mr. Hahn or the Board? It should go to the State Legislature if it is going to do any good. Are you really losing home rule? Councilman Krieger: I don't think that is the issue. If you follow the statistics set forth in Chief Administrative Officer's report as well as incorporated in Supervisor Hahn's letter you will find that the great inefficiency in the Municipal Court System is in and about the central district and they now compound the confusion by consolidating all districts into one district and the net result will be whereas you can now get into our local courts within a decent period of time, in your central district it takes over a year to bring a matter to trial. They suggest this to be the solution for a situation that would only compound confusion. I predicate my opposition on the mechanics of the operation. I will withdraw.my.previous motion and restate it. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Mayor be authorized to communicate with -our representatives in the State Assembly indicating it is the concensus of opinion of the Council that we are opposed to the recommendation submitted to the State Legislature by the majority vote of the Board of Supervisors, Los Angeles County, for the consolidation of the Municipal Court System into one district; that a carbon copy of this letter be sent to Supervisor Bonelli. (Councilman Snyder voted "No".) m25® C, Co S110165 Page Twenty -Six 'CITY MANAGER 'REPORTS 'Continued EDWAARD SOLOMON CLAIM Storm Drain damage Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that this claim be denied and turned over to the insurance carrier, Councilman Heath: There is a storm drain on Hollenbeck near Merced that goes under the. school property and the kids are playing in it, It must be four feet in diameter, The grading has gone off the end, Public Services Director, Mr, Fast; I will check on it, LEEDS, HILL 6 JEWETT PAYMENT City Manager, Mr, Aiassa: One part is that you approved the warrants at the last meeting which approved the payment so I believe that is all that is necessary, Leeds, Hill 6 Jewett is giving you a breakdown of their proposal to come forth before the Council in June of 1965, I would like a recommendation from the Council whether the Council wants to have • this in a study session or a work session or what when they present their final report, Mayor Nichols: I think if the Council would concur that the scope of this would involve considerable time and it should involve an evening devoted to that primarily; perhaps one of the evenings we would have an adjourned meeting with minor business, Councilman Jett: In reference to.this letter9 in the last paragraph, do you.foresee any information that might be made available to us if we indicated that we would go along with this adaitional charge in the event they found it necessary? Would this expedite this? This is something we should get moving, City Manager, Mr, Aiassa: According to our contract with them, as you know they actually asked for detail studies from Suburban Water Company and I have no specifics for that amount and we need a detailed cost factor which -I don't have, They will have that for us within two, three weeks-6 ,. Motion by Councilman Jett, seconded by Councilman Krieger, and carried, to receive their May 5, 1965 letter and place it on file, • City Manager, Mr, Aiassa: What about a work session? I would suggest toward the end of June, possibly the 30th, That is the last Wednesday of June, Councilman Jett: City Manager, Mr, Aiassa: I think we should have copies of it, It should be ready for us now, It is almost completely typed. You will get it well in advance of June, -26- 0 C, Co 5/10/65 CITY MANAGER REPORTS - Continued OPEN SPACE LAND Page Twenty -Seven City Manager, Mr, Aiassa: We have a recommendation from the Planning staff -- the investi- gation of the open space land whereby we can obtain Federal funds,, I aon't want to spend a lot of time applying for this type of application unless the Council shows interest,, Councilman Krieger: It might be better to hold this off until after the election tomorrow,, Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, .that the open space land program report of April 28, 1965 be held over to the next regular meeting of May 24, 1965 in anticipation we will be able to move forward with it, CENTER STREET OPENING City Manager, Mr,, Aiassa: Mayor Nichols: Councilman Jett: Public Services Director, Mr,, Fast; City Manager, Mr,, Aiassa: Councilman Snyder: VACATION (RICHFIELD OIL STATION) HEARING 5/24/65 City Manager, Mr.,, Aiassa: JOINT MEETING WITH CITY COUNCIL OF THE CITY OF WALNUT May 14th there will be the Center Street opening,, Who will be available? I will be available,, I will be,, What time? Eleven o'clock,, We will give you a phone call about -- the specific time, specific location. Send it to all of us and if we can make it, we will,, The hearing is set for the 24th. This is for information only. City Manager, Mr,, Aiassa: I talked to the City Manager of Walnut and I asked him about the third Monday, which is the 17th0 Does the Council want a dinner which we can have at the Royal Coachman? Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to meet with the City Council of -Walnut on the 17th of May, 1965 at the Royal Coachman at 8:00 P.M,, with a 6:30 P.M. study session at the City Hall, -27- 18 C, C,, 5/10/65 Page Twenty -Eight JOINT MEETING WITH WALNUT CITY COUNCIL - Continued Mayor Nichols: TRAFFIC SIGNAL PROGRAM AND SCHEDULE That" is subject to confirmation with the City of Walnut,, City Managers Mr,, Aiassa: This is the traffic signal study for the entire City. Would you like to have a little more time to review this matter? You have all received copies,, I have to start putting some appropriations into the 1965-66 budget,, If you would like I can set this for the 24th if you give us ten or fifteen minutes myself ..and Mr, Fast can go over the entire'proposAl of all the signal locations, Councilman Heath: I would like to see the staff come up with a recommendation and put it in the budget. I don't see where the Council should make the priority on this,, City Manager, Mr, Aiassa: We have it already. You have a copy of our report,, If I can presume that you people accepted this we will proceed,, Mayor Nichols: I would concur with Councilman Heath that.it is up to the staff to make the report and recommend the funds,, City Manager, Mr,, Aiassa: All right,, MARTIN OIL STATION COMPLAINT City Manager, Mr,, Aiassa: We had a petition filed with the City on violation of the Martin Oil Station. We find the principal owner is not available until the 15th of May. He has been out of the United States,, Mr,, Martin will be here around the 15th of May,, He will try to take care of all these problems. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this matter be held over to the meeting of the 24th.. so that the violations involved can be corrected. PETITION FOR LANDSCAPE Sunset Avenue • City Managers Mr,, Aiassa: We have a petition for land scaping on Sunset Avenue but the staff has also given you a report on the other locations,, We have some people here in the audience who might be interested in some of these locations,, If we have a lot of discussion on this matter from the audience it might be advisible that the staff take the time to meet with these individual cases and groups so we don't take Council time,, We have done this before and it saves us a lot of time,, &%le Co Co 5/10/65 Page Twenty -Nine PETITION FOR LANDSCAPE (SUNSET AVENUE) Continued Mayor Nichols: When you presented this request for the Sunset Avenue area to the Council last time if I recall correctly the Council did express considerable sympathy with the problem of that area and did direct the staff at that time to make a study and come back with specific recommendations to the Councilo City Manager, Mro-Aiassa: I would prefer to have these recommendations discussed with the people involved, Councilman Heath: In looking back concerning land - spacing of certain spots throughout the City, we have discussed the strip across from the apartments on Cameron Avenue which is an eyesore. We have discussed the median strip on Rowland Avenue on both sides of Azusa, We have discussed this one at Sunset and there are a few more. One of the main objections or problems that we always have is the idea of watering these plants. I have noticed since that time that the City does have a watering truck which they send out to water trees and the watering truck could be used a lot more than it is, I feel that the objection of no water supplier or costly water supply is not a valid reason any more for not developing these sites, • Mayor Nichols: That is a good point. Is the staff taking the availability of the truck into consideration? City Manager, Mr, Aiassa: Yes, Councilman Snyder: I think it can be used to a certain degree but it would be cumbersome and inefficient to use it, it seems to me, Councilman Heath: It depends on the value you put on the appearance of the City, Councilman Snyder: We have to weigh the cost of running the watering truck against putting in a watering system, City Manager, Mr, Aiassa: I think the merit of these meetings with the individuals will help give them a picture of what we are involved with to maintain a decent landscaping program in these areas. We will meet with these people and come back with a final report on this matter. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that the staff be authorized to meet with the individuals involved and report back to the City Council their findings, RECREATION & PARK COMMISSION APPOINTMENTS City Manager, Mr, Aiassa: There are appointments due. Perhaps. you can. bring. this up on the.17th., Mayor Nichols: I think we would have enough time to bring that up then, -29- • C. C. 5/10/65 CITY MANAGER REPORTS - Continued MAY 19TH MEETING INDEPENDENT CITIES OF LOS ANGELES COUNTY Page Thirty City Manager, Mr. Aiassa: Your Council has been invited to attend. If you can't make it you should designate someone else to make it,, Mayor Nichols: I can't make that meeting,, Is there any Councilman here who feels that he can make that meeting or should we designate a staff member? This is an evening meeting. Councilman Krieger: Councilman Heath: City Manager, Mr. Aiassa: METES 6 BOUNDS NO,, 135®226 City Manager, Mr. Aiassa: I don't know whether or not I can make it. I will attend that meeting,, I will let you know the place and the time. Mr,, Krieger, have you been satisfied by this report? Councilman Krieger: Yes,, This is where we approved the lot split after they built the homes,, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the report on Metes and Bounds Subdivision No. 135®226 be received and placed on file,, BARRANCA STREET ENGINEERING REPORT City Manager, Mr. Aiassa: the Council to accept this letter,, We received a letter from the Road Commissioner,, I would like Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that the letter from the Road Commissioner be.received and placed on file,, • STATE WATER CONTRACT 1966 charges City Manager, Mr. Aiassa: I would like to advise the Council that next year our payment is $27.9900.00 which will be placed into the budget. This is for your information only. Councilman Jett: This will be the funds we will be reimbursed? -3 0- • • C,, Co 5/10/65 STATE WATER CONTRACT (1966 CHARGES) ® Continued Councilman Krieger: Page Thirty -One Yes, plus the interest,, Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, that the report on the State Water Contract, 1966 charges, be received and placed on file,, REVIEW BOARD MINUTES City Manager, Mr,, Aiassa: This is for April 12th and 26th. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the Review Board Minutes of April 12, 1965 and April 26, 1965 be received and placed on file,, LETTER FROM STATE RE ADDITIONAL AVAILABLE WATER City Manager, Mr,, Aiassa: Councilman Krieger: to additional water at this time,, I don't think there is anything we can do on this until we find out what we are going to do,, I don't think it is appropriate to even consider subscription Councilman Jett: I think we should answer this letter and state in view of the action of the Council that we do not feel we would be interested in any additional water at this time,, Councilman Snyder: We might ask the San Gabriel Water District and Metropolitan whether they would like us to obtain more water,, Councilman Krieger: That is a drop in the bucket as far as M,,W,,D,, is concerned,, It was more of an accommedation, I think it would just muddy things up,, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the staff be authorized to communicate with the Director of the Department of Water Resources that at this moment the City of West Covina has no interest in subscribing for additional available water,, COUNCIL APPOINTEE TO REGIONAL TRANSPORTATION COMMITTEE City Manager, Mr,, Aiassa: We have to designate a represent- ative who will attend a meeting at 10:00 A,,M,, on May 279 1965,, I would suggest we designate Mr,, Fast,, All they are doing is making reports on the feasibility of certain traffic studies. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Mr,, Fast be designated as the representative to the Regional Transportation Committee,, -31- E C. Ca 5/1.0165 IN LIEU TAX Page Thirty -Two Councilman Heath: The League of California Cities .. took a stand last Thursday night. There was an approval by the League that there be a one-half per cent in lieu tax placed on the vehicles in Los Angeles County which would derive $15,000,000 for them to make a study on this rapid transit program and then the League stated that if there was any additional monies requested in the form of a one per cent in lieu tax that this be put to the vote of the people. This half per cent would be a one-time, one-year appropriation purely for the study of the program and if it went beyond that the League stated they would highly recom- mend that any further appropriations be put to the vote of the people. It was unanimous at the League meeting. This will be recommended to the Board of Supervisors. INFORMATIONAL REPORT ON CALIFORNIA AVENUE CLOSING FOR CONSTRUCTION City Manager, Mr. Aiassa: CITY CLERK NOTICE OF MEETING LARTS City Clerk, Mr,, Flotten: I think you have all received reports on this matter. This is for information only. We have taken care of this matter. APPLICATION FOR TRANSFER OF ON -SALE GENERAL LIQUOR LICENSE (Jim's Water Wheel Inn - 648 South Sunset Avenue) and APPLICATION FOR ON -SALE GENERAL LIQUOR LICENSE - PUBLIC PREMISES (4116 South Nogales Street) and APPLICATION FOR TRANSFER OF OFF -SALE GENERAL LIQUOR LICENSE (Zody°s Department Store - 615 North Azusa Avenue) • Mayor Nichols: We have -no objections to these matters. -32- 0 C. C. 5/10/65 CITY CLERK - Continued LETTER FROM SUPERVISOR BONELLI RE PROPOSED 1/U SALES TAX INCREASE FOR COUNTY PURPOSES Page Thirty -Three City Manager, Mr. Aiassa: Council has copies of this letter and also the attached report. If any one of the Councilmen have their copy available we would like to copy it for the staff. 1964-65 ANNUAL REPORT City Manager, Mr. Aiassa: We have an annual report for the City of West Covina. Mr. Windsor did a very fine report. Mayor Nichols: We certainly do acknowledge it. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to accept the 1964-65 Annual Report and place it on file. Councilman Krieger: I know when the Council reads this report they will join me in extending to Mr. Windsor our compliments in an extremely fine job of presentation. CITY TREASURER None MAYOR'S REPORTS COMMITTEE APPOINTMENTS Mayor Nichols: You have copies of these appoint- ments. They will be four -month appointments effective the first of next month. There are a few additions and one recommended change. I will ask staff to modify and correct this and redistribute it. I would like to ask Dr. Snyder to continue as our Chamber representative if that is agreeable with the rest of the Council. I would like to ask Mr. Jett to continue • as School Board representative on call. Councilman Jett: I will be happy to accept that. Councilman Snyder: I will accept the appointment to the Chamber. Mayor Nichols: I am sure the Council would join with me in an expression of satisfaction and approval of Councilman Krieger's services as our water representative and ask him to continue on during this coming year. Is that agreeable with the Council? -33- Co Co 5/10/65 COMMITTEE APPOINTMENTS ®Continued. Councilman Krieger: Page Thirty -Four I will accept the appointment. Mayor Nichols: Our Council is going to be honored soon in that I have found that in the East San Gabriel Valley Planning Committee Councilman Krieger is about to be nominated as Chairman of that group and it would be a little embarrassing if he were not our Council representative, With your concurrence, therefore, I would like to switch assignments beginning the first of June and ask Councilman Krieger and Councilman Jett to become East San Gabriel Valley Planning Commission delegate and alternate and in turn ask Councilman Jett and Councilman Heath to become Independent Cities representative and alternate. Mr, Flotten, would you check what Dr, Snyder made as annual appointments and so designate on this sheet when it is redistributed, These should become annual appoint- ments beginning June lst, INTER AMERICAN MUNICIPAL ASSOCIATION Mayor Nichols: We have received a request from the National League of Cities for a donation to a fund for the Inter.American Municipal.Association, I have asked the staff to check and I will bring that back to the Council for a later discussion, POLICE WEEK Mayor Nichols: I have been asked to proclaim the week of May 9 to 159.1965 as Police Week, If there are no objections, I will so proclaim, (No objections voiced,) So proclaimed, HIRE A VETERAN WEEK Mayor Nichols: Hire A Veteran Week is also the week of May 9 to 15, 1965, If there are no objections, I will so proclaim, (No objections voiced,) So proclaimed, CHAMBER TRIP TO SACRAMENTO Mayor Nichols: The Chamber on May 18 is arranging a trip to Sacramento during the day, A number of our Chamber members are going. Representatives of the Chamber have mentioned to me that it would not be inappropriate -34- C • C: Co Co 5/10/65 Page Thirty -Five CHAMBER TRIP TO SACRAMENTO ® Continued if the Council designated an official Council representative to be on that trip as they will be lunch with our Legislative representa- tives and it is a good opportunity to renew our contacts with those representatives. I will not be able to goo Councilman Heath. - to see at least one Councilman go on I think this last trip was a very profitable one and I would like the trip at City expense, Councilman.Jett.- I would like to see one or two, if they wanted to goo Mayor Nichols: I feel the cost is a very modest cost that the City could well afford to bear and there are indications that as many as three Councilmen might be able to make this trip. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the. Council authorize up to three Councilmen to attend the one -day conference trip with the Chamber of Commerce on May 189 1965 with the necessary expenses to be paid by the City. BOND ELECTION Mayor Nichols.- Tomorrow the voters of the City of West Covina are going to the polls. We don't know what the final ,result will be, of course. This Council delegated Dr. Snyder who called on Councilman Krieger to carry the heavy work load of chairing the activities working with the citizens activities. I have observed this at first hand and I think I speak for all other members of the Council in stating that Councilman Krieger in our opinion has done an absolutely outstanding job in working with our citizens groups and certainly deserves a pat on the back from all of us. Councilman Heath: I think that this Council should rightfully pass a resolution commending Councilman Krieger for his tremendous work that he has done on this bond program and I am sure the bond program is going to win but just the same, win or lose, I think we should write up this resolution because he has done a tremendously wonderful job. Councilman Snyder.- I would second that. I think it should be done tonight before the vote. RESOLUTION NO, 3165 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA COMMENDING COUNCILMAN HARVEY S. KRIEGER FOR HIS SERVICES AND LEADERSHIP IN THE 1965 MUNICIPAL BOND PROGRAM, Mayor Nichols.- Hearing no objections, we will waive further reading of the body of the resolution. m35® 9 C,, Co 5/'10/65 'RESOLUTION NO o 3-165 .Continued Page Thirty -Six Motion by Councilman Heath,, seconded by Councilman Jett, that said resolution be adopted,, Motion passed on roll call as follows: Ayes: Councilmen Jett,, Snyder, Heath, Mayor Nichols Noes: None Absent: None Abstained: Councilman Krieger Said resolution was given No,, 3165. COUNCIL COMMITTEE REPORTS POLICE DEPARTMENT DISPATCHER Councilman Heath: A short time back I brought before you a problem that came before the Personnel Board,, The problem was they had interviewed and tested candidates for a dispatch position in the Police Department and the number one man who had the background and schooling,, et cetera, turned out to have a physical handicap,, At that time I pointed out to the Council that we should not hire a man with a physical handicap because this dispatch job should be reserved for members of our Department who have been handicapped while on duty,, I think this is no more than fair to the mans the employees and to the City. We have a case now of a man injured on duty quite some time back. He has about 10 years of police experience, actual physical practical experience which is worth something to.the City. He knows all phases of police work but due to his injury he is evidently coming to a point where he cannot perform the duties as efficiently as a physically well man,, This is where I had in mind we should get our dispatcher,, If this man.was given the opportunity to go in on a dispatcher's job it would build faith in the employees that should they be injured on duty that there is a possibility the City might still look favorably to give them some kind of support in repayment for their duty. Secondly,, it would give us a man on the board who knows every phase of police work and would be in a better position to advise and give information over the phone,, Thirdly, it will build up confidence in other employees,, I think that these dispatchers should come from our police ranks,, We have had people who have been injured who cannot patrol anymore,, I would like to ask this Council to consider this recommendation,, possibly forward it to the Personnel Board and ask for their recommendation and report back to us their opinion on such a policy,, Motion by Councilman Heath,, seconded by Councilman Jett, and carried,, that this matter be referred to the Personnel Board for a study and possible recommendation and report back to the City Council,, LEAGUE MEETING IN SACRAMENTO Councilman Snyder: I have just a short report on my attendance of the League meeting in Sacrameno on revenue and taxation,, Mr. Houlihan of Oakland was -chairman of this committee and some of the other people in the Committee is the Finance Officer of San Diego, Mr,, Lawrence,, ®36m 9 C] C, Co 5/10/65 Page Thirty -Seven LEAGUE MEETING IN SACRAMENTO - Continued and the Finance Officer of San Francisco and several other important people,, Mr,, Bud Carpenter was,there and we spent the .whole day in a very hot room going over these bills without even stopping for lunch and we finally ended with a recommendation that we would not approve the Petris_ Bill for various reasons and I will have copies made of these minutes for the Council`to read,, The various items in the Petris Bill and the Governor's Bill and Senator Miller's Bill we took one by one. We voted to oppose doing away with the business inventory tax because we felt the saving wouldn't be passed on to the consumer. We felt further that reforms could be instituted which would make the tax more fair,, We supported the exemption of household goods and furnishings in property tax,, We supported the exception of solvent credits from the property tax. We took no action on the proposed tax relief for the low income aged. We tried to stick to items effecting the State,, We supported the change in lien date from March 1 to January lst for assessment purposes. We took no action with regard to the mandatory county assessment for general law cities, We supported the proposed tax reform program providing for all taxable property to be appraised at 100% of full cash value and said value to be applied against the standard ratio for standard purposes, We supported the proposed property tax reform requiring a judgement by County Board of Supervisors where the assessment varied 10% from the County -wide ratio,, We took action to favor the increase in cigarette taxes, two cents of which is to come back to the City,.the remainder to go to the State. We took no action on inheritance and gift taxes and 2 per cent tax on gross receipts of gas, electric, telephone and telegraph cost for reasons I will outline in a memo,, We opposed proposed one cent increase in State sales tax. I pointed out Los Angeles County has a unique problem,, We supported a property transfer tax in the County area all of it going to the County and in the cities' half going to the County and half to the cities, Governor Brown has indi- cated he has assurance from Washington that the Federal stamps will be removed soon, All these recommendations went to the Board of Directors of the League and they will be addopted supposedly as such and forwarded to the Legislature Councilman Jett: Did I understand you that you supported a tax to transfer of real property? Councilman Snyder: Yes, The Petris Bill and the Governor Brown's bill both recommend this, Governor Brown's Bill recommends that the money from the property transfer tax be used -- they are.proposing that aged persons get a reduction in their property tax or a refund and they are proposing that this money be used for that refund with the balance going to the cities',, The Petris Bill proposes that the entire property transfer tax go to the counties. In none of these tax proposals has there been any tax relief for the counties. The whole purpose of the Petrs- Bill supposedly is.to lower property taxes 25% and in turn collect cigarette taxa sales tax and other taxes and refund to the cities this money they would be losing by lowering their property taxes, There is nothing in the bill that prevents them from raising them again next year, Councilman Jett: I would be opposed to that because of my personal knowledge of real estate and the amount of real estate that is transferred originally, -37- C,, C. 5/10/65 LEAGUE MEETING IN SACRAMENTO - Continued 40 Councilman Snyder: sliding scale and starts at one-half one and a half per cent,, Page Thirty -Eight They exempt the first fifteen or eighteen thousand, It is a of one per cent and gets up to Councilman Heath: I would look at taxes in this light: Any taxes that are levied upon the people the proceeds from such taxes should be used for the relief of a comparable situation,, In other words, you may tax gasoline and the money goes to roads,, You put a tax on property and it goes to the running of the government,, I feel any time you put a tax on something the proceeds from that tax should go to something directly related,, Mayor Nichols: It should reduce the property tax,, Councilman Snyder: There is a drastic need for tax reform,, Councilman Heath: In this case where you are relieving the person who lives in his house for over 20 years and putting the burden on the person who transfers his property,, I feel this is wrong because the money that is taken for real estate is for the operation of the government and people wno live in a house for 20 years are getting just as -much out of that government as the people who transfer property,, Therefore, I feel that we should leave this burden upon the property owners as their fair share in the operation of the government and not penalize someone who transfers the property because that person is not benefiting. The person who stays in his house is benefiting,, Councilman Krieger: I would like to defer this matter until we get the memorandum,, Councilman Snyder: Governor Brown has said he had reassurance from Washington that these tax stamps on real estate transfers will be abolished soon by the Federal Government which will be a help there,, DEMANDS Motion by Councilman Krieger, seconded by Councilman Heath, to approve demands totalling $145,896.63 as listed on demand sheets C451 through C453,, 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 Jett, seconded by Councilman Krieger, and carried, that this meeting be adjourned to May 17, 1965 at 6:00 P,,M,, The meeting adjourned at 11:15 P,,M,, APPROVED • ATTEST: CITY CLERK MAYOR