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06-14-1965 - Regular Meeting - Minutes10 0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JUNE 14, 1965 The regular meeting of the City Council was called to order by Mayor Nichols at 7!45 P.M. in the West Covina City Hall. Councilman Snyder led the Pledge of Allegiance, Mr. Flatten gave the invocation. ROLL CALL Present! Mayor Nichols, Councilmen Jett, Snyder, Kreiger, Heath Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk & Admin. Assistant Mr. Harry Co Williams, City Attorney Mrs. Lela Preston, Deputy City Clark Mr. Herman R. Fast, Public Services Director Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES May 10, 1965 Approved as submitted as follows: Miky 24, 1965 Approved as corrected as follows - May 26, 1965 Approved as submitted as follows: Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to approve the Minutes of May 10, 1965 and May 26, 1965 as submitted and to approve the Minutes of May 24, 1965 as sub- mitted with the exception that on Page 3 of the Minutes Proposi- tion 2 appearing thereon is improperly labeled as Proposition to CITY CLFRKvS REPORTS TRACT NO, 27884 Accept Street Improvements Towne House -Apartments APPROVED Union Fire Insurance Company's Inspector's final report filed, LOCATYOX� South of Service between Glendora and Valind.a. Accept street improvements and authorize release of National bond No. 51644 in the amount of $46,000 Motion by Councilman Kriegerseconded by Councilman Heath, and carried, to accept the street improvements in Tract No. 27884 and authorize re- lease of National Union Fire Insurance Company's bond No. 51644 in the amount of $469000 METES & BOUNDS NO. 135-158 LOCATION, West side of Vincent, Accept Street Improvements north of Center Union Oil Company of California APPROVED Accept street improvements and authorize release of United Pacific Insurance Company's bond No. B-81813 in the amount of $7,0W Inspector's final report filed, !M C, C, 6l14165 Page Two METES 8 BOUNDS NOo 135-158 ® Continued Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept the street improvements in Metes and Bounds Subdivision No, 135-158 and authorize release of United Pacific Insurance Company's bond Noo B-81813 in the amount of $700001001, ZONE VARIANCE NO, 122 ACCEPT STREET IMPROVEMENTS Southern California Edison Coo APPROVED LOCATION° Southwest side of Merced,, 227 feet northwest of Willow Avenue, Accept street improvements and authorize release of Pacific Indemnity Company's bond No, 245496 in the amount of $1,400, Inspector's final report filed, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept the street improvements in Zone Variance No, 122 and authorize release of Pacific Indemnity Company's bond No, 245496 in the amount of $1,400,00, PRECISE PLAN NO, 159 REV, 2 LOCATIONg 1443 West Garvey.between • ACCEPT STREET IMPROVEMENTS Sunset and Yaleton, William Haalck APPROVED Accept street improvements and authorize release of cash deposit in the amount of $600.00 to William Haalck, Inspector's final report filed. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept the street improvements in Precise Plan of Design No, 15, Revision 2, and authorize release of the.cash deposit in the amount of $600,00, PROJECTS BP-64099 SP-6409 8 TS-6409 LOCATION, Valinda and Glendora, ACCEPT BRIDGES STREET AND TRAFFIC SIGNAL IMPROVEMENTS Accept street, bridge and traffic Rex W, Murphy signal improvements and authorize APPROVED release of the Western Casualty and Surety Company's bond No, 336689 in the amount of $50T233,83. Inspector's final report filed, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept bridge, street and traffic signal improvements in Projects BP-6490, SP-6 09 and TS®6409 and authorize release of The Western Casualty and Surety Company's bond No, 336689 in the amount of • $509233,83, PROJECT NO, SP-6322 ACCEPT STREET IMPROVEMENT Sully -Miller Construction APPROVED No, YS 025559 in the amount of filed, LOCATION, Citrus north of Cortez Co, Accept street improvements and .authorize.release of..Industrial Indemnity Company's bond $140196,21, Inspector's final report -2- C, Co 6/14165 Page Three PROJECT NO, SPG6322 - Continued . Motion by Councilman Krieger, seconded by Councilman Heaths and carried'. to accept the street improvement in Project SP-6322 and authorize release of Industrial Indemnity Company's bond No, YS 025559 in the amount of $.14 ,19 6 , 21, • PROJECT NO, SP=6535 LOCATION; East side of Sunset, APPROVAL OF STREET IMPROVEMENT PROJECT south of Merced, Metes & Bounds No, 135-235 West Covina Professional Center Owner's request for participation APPROVED in street improvement, Review Engineer's report,, Authorize Engineer to prepare plans and specifications for cooperative project using County Aid to City Funds, Proposed budgeted item 65m66, Councilman Krieger, Public Services Director, Mr, east; Councilman Krieger; Public Services.Director, Mr, Fast; Sunset is 100 feet wide? yes, Your recommendation only goes to Sunset, does it not? . Insofar as the City project is concerned, yes, Motion by Councilman Krieger, seconded by Councilman Heath, and carried'. that the City Engineer be authorized to proceed with the plans for the widening of Sunset past Metes and Bounds Subdivision No, 135-235 and Mrs, Britt's property immediately south of this subdivision to a width of 24 feet on each side of the center line, PROJECT NO, SD-6509 LOCATION; Service Avenue'. Carmencita STORM DRAIN IMPROVEMENT to California Avenues, APPROVED Engineer's report, Approve plans and specifications, Authorize City Engineer to call for bids, Budgeted item, Motion by Councilman Heath, seconded by. Councilman Krieger, and carried, to approve plans and specifications for Project No, SDs6509, PROJECT N0, SP-6601 LOCATION; Various locations 1965-66 PRIORITY SIDEWALK PROGRAM throughout City, APPROVED Review Engineer's report, • Instruct staff as to procedure. To be budgeted in 1965-66 budget, Motion by Councilman Heath, seconded by Councilman Krieger,,and_carried, -. to instruct the staff to proceed on the 1965-66 priority sidewalk program, Project No, SPm6601, as outlined in their letter dated June 9, 1965, -3- Co Co 6/14/65 CITY CLERK'S REPORTS = Continued, Page Four LIGHTING ASSESSMENT DISTRICT NOo 62-1 LOCATION-. West of Orange Avenue,, ASSESSMENT ADJUSTMENT south of Cameron Dro F,, Ho Gordon Avenueo APPROVED Review Engineer's report on revised assessment. Authorize Assessment Engineer to make adjustment on 1965-66 Assessmento Staff recommends adjustment. Motion by Councilman Heath, seconded.by Councilman Snyder, and carried to authorize the Assessment Engineer to make an adjustment on the 1965-66 Assessment of Dro Fo H. Gordon's property in.Lighting Assessment District Noo 62-1 as per their letter of June 9, 1965o TRACT NO. 29243 LOCATION- East of.Nogales Street, . EXTEND TIME TO FILE FINAL MAP north of Valley Blvdo Pickering Enterprises APPROVED Extend time to file final map of Tract No. 29243 for a period of one year to July 13, 1966o Review reporto (Letter requesting extension from Adams & Ells, Engineers,,) Staff recommends time extension, • Motion by Councilman Heath, seconded by Councilman Krieger, and carried to extend the time to file final map on Tract No, 29243 in accordance with the letter from the staff emphasizing the fact that all existing conditions at the time the final map is filed for approval will be adhered too RESOLUTION NOo 3173 The Deputy City Clerk presented-. Merced Avenue "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA DEDICATING CERTAIN CITY OWNED PROPERTY TO PUBLIC STREET PURPOSES AND ACCEPTING THE SAME AS A PUBLIC STREET TO BE KNOWN AS MERCED AVENUE" Mayor Nichols Hearing no objections ,We will waive further reading of the body of -the resolution. Motion by Councilman Snyders, seconded by Councilman Krieger,, that said resolution be adopted, Motion passed on roll call as follows-, Ayes° Councilmen Jett, Snyder, Kriegerg Heath,, Mayor Nichols Noes-. None • Absent,. None Said resolution was given No,, 3173. -4- C. C. ' 6/14l65 CITY CLERK'S REPORTS m Continued RESOLUTION NO,, 3174 Galster Heights Park Azusa Avenue ADOPTED Mayor Nichols-, Page Five The Deputy City Clerk presented° "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Heath, seconded by Councilman Snyderq 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,, 3174,, RESOLUTION NO,, 3175 Walnut Creek Parkway & • Sunset Avenue ADOPTED Mayor Nichols° Councilman Jett-, The Deputy City Clerk presented - "A RESOLUTION OF THE CITY..COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" Hearing no objections, we will waive further reading of the body of the resolution,, This is accepting grant deeds of easements,, Is this a deed in - fee? We purchased the property,, City Attorney, Mr,, Williams-, Any deed for street purposes is an easement whether it purports to be a grant deed or say an easement for street purposes,, If it said "grant to the City the following described property for Walnut Creek Parkway and Sunset" it would nevertheless be an easement for street purposes because that is what the public need is,, Motion by Councilman Krieger9 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 40 Said resolution was given No,, 3175,, Co 6/14/'65 Page Si c CITY CLERKS REPORTS Continued • PROJECT NO,, C-60®3 LOCATION: West side of Vincent CORRECT DEED DESCRIPTION Avenue9 south of Walnut FOR RIGHT-OF®WAY Creek Wash,, Hogan Property Review Engineer's report,, RESOLUTION NO,, 3176 The Deputy City Clerk presented: Vincent Avenue "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A GRANT DEED" Mayor Nichols: Hearing no objections,, we will waive further reading of the body of the resolution,, Motion by Councilman Krieger,, seconded by Councilman Snyder,, 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,, 3176,, • RESOLUTION NO,, 3177 The Deputy City Clerk presented: Albert Handler "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" Mayor Nichols: Hearing no objections,, we will waive further reading of the body of the resolution,, Motion by Councilman Krieger,, seconded by Councilman Heath,, that said resolution be. adopted,, Motion passed on roll call as follows: Ayes, Councilmen Jett,, Snyder,, Krieger,, Heath,, Mayor Nichols Noes, None Absent, None Said resolution was given No,, 3177,, RESOLUTION NO,, 3178 The Deputy City Clerk presented-. . Millicent Handler "A RESOLUTION OF THE CITY COUNCIL Vincent Avenue OF THE CITY OF WEST COVINA ADOPTED ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" Mayor Nichols: Hearing no objections,, we will waive further reacting of the. body of the resolution C. Ca 6114165 Page Seven RESOLUTION NO,, 3178 Continued • 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. 3178,, RESOLUTION N0,, 3179 The Deputy City Clerk presented: Funds Section 2107.5 "A RESOLUTION OF THE CITY COUNCIL Highway Code OF THE CITY OF WEST COVINA ADOPTED ADOPTING BUDGET PROPOSAL FOR EXPENDITURE OF FUNDS ALLOCATED UNDER SECTION 210705 OF THE STREETS AND HIGHWAYS CODE" Mayor Nichols: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Krieger, that said • resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absents None Said resolution was given No. 3179. RESOLUTION N0,, 3180 The Deputy City Clerk presented: Highway Funds "A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES" Mayor Nichols Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, 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 Absents None Said resolution was given No. 3180. -7- • U Co Co 6/14/65 CITY ATTORNEY ORDINANCE NO,, OAR6 Zone Change No. _�_3q6 Southern California ADOPTED Page Eight The City Attorney presented-, "AN ORDINANCE OF THE CITY COUNCIL Savings & Loan OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE A PART OF CERTAIN PREMISES" (ZC 340, Southern California Savings and Loan) Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance,, Motion by Councilman Krieger, seconded by Councilman Heath,, that said ordinance be adopted,, Motion passed on roll call as follows-, Ayes-, Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes-, None Absent-, None Said ordinance was given No,, 962,, RESOLUTION NO,, 3181 Cabaret Regulations ADOPTED Mayor Nichols-, Councilman Krieger-, The City Attorney presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING REGULATIONS FOR ESTABLISHMENTS WITH CABARET DANCE AND/OR CAFE ENTERTAINMENT PERMITS" Hearing no objections, we will waive further reading of the body of the resolution. Do we have something in our code that defines a person? City Attorney, Mr,, Williams° We have in the code, although this does not become part of the code, that as used in the code the masculine includes the feminine, the singular the plural, et cetera,, Councilman Krieger-, What is the applicability,.if any, of that to this? I noticed in reading the body of the resolution that genders were used and not interchangeably so and "person" was not defined in the body of the resolution,, I suggest that some super technical attorney sometime might point that out if his client was charged.with the violation of this,, Down at the bottom of this resolution the last section has something to do with disrobing and it refers to "him" and "his",, City Attorney, Mr,, Williams-, Just to eliminate the question we can say "his or her",, If this was part of the code there would be no question but you can have a question in a separate resolution • C,, Co 6/14/65 RESOLUTION NO,, 3181 - Continued Page Nine Motion by Councilman Heath, seconded by Councilman Krieger,, that said resolution be adopted as amended,, Motion passed on roll call as follows-. Ayes-. Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes-. None Absent-. None Said resolution was given No,, 3181,, SCHEDULED MATTERS BIDS PURCHASE OF 4-WHEEL TYPE STREET SWEEPER (65-47) Public Services Director, Mr,, Fast-, Bids received in the office of.the City Clerk, 10000 A,,M,,9 May 269 1965,, The second low bidder was $1,200 additional; $139800,, The figures include the trade-in,, Councilman Krieger-. I was surprised at the recommenda- tion,, It seemed to me that prior to the recommendation the staff indicated certain advantages to a trial period and then we come to the recommendation itself,, Could I have a comment on that? Public Services Director, Mr,, mast-. In regard to the body of the report all we are trying to do is elaborate in total on all communications received from the bidders,, The trial period was an unsolicited proposal by the second low bidder and we were pointing out the advantages of this,, However, it is.not the staff's recommendation to accept the second low bidder,, Councilman Jett-. Bidder No,, 2 proposes to rent to the City a four-wheel..sweeper at a monthly cost of $375,,00 for six months. At the end of -that six months I would assume that if we purchased that equipment then they would allow the full amount that was paid for the rental to a new machine, is this right? Public Services Director, Mr,, Fast,, Councilman Jett-. • Public Services Director, Mr,, Fast-. Yes,, And the new machine would be based on the bid as submitted here, the second low bid? Yes,, Councilman Jett,, I am not completely sold on the four-wheel sweeper. If we rented that machine for six months and then decided that it.is not the machine that we want,, that the three-wheeler does.a better job,, could we then just turn the machine back and there would be no obligation and we would be in a position to rebid for a three-wheeler? C,, CP ' 6/14/65 Page Ten PURCHASE OF 4-WHEEL STREET SWEEPER e Continued 0 Public Services Director, Mr,, Fasts They did state this, yes, Councilman Krieger, I have a question of the City Attorney, This unsolicited proposal -comes from the second lowest bidder,, Are we in the position to accept such a suggestion from the second lowest bidder and then assuming that the City is then satisfied with the four-wheel sweeper go ahead and purchase the four-wheel sweeper at the price that is actually higher than the lowest bid? City Attorney, Mr,, Williams, You can You are not required by State law to advertise. for bids to purchase street sweepers,, We have a City ordinance relating to purchasing that says you shall advertise for anything over $29500 but if you find by motion that it is in the public interest to waive' twat you,may do so,, Thereforeg, you are not obliged to buy the lowest bid. You may make this trial period,, The question Mr,, Jett raised is a good one,, You can only do this if you are not obliged to purchase it,, You can rent it for six months,, If you buy it they can apply the rental but you must not be obliged to purchase it because if you are then you have made a time purchase proposition which violates the indebtedness provision of the Constitution unless you encumber the full amount of price of the full purchase price out of this year's budget at the time you make the deal,, • Public Services Director, Mr,, Fast,, They would apply $375 fully deductible from the purchase price if we buy a four-wheel sweeper,, They stated further if we chose not to purchase it we.could cancel out at any time without any further obligation,, Councilman Snyder,, It is my understanding that in six months we don't keep the sweeper we have been using; they bring us a brand new one,, Mayor Nichols, Our option is to either accept the staff recommendation and accept the low bid or throw out all bids and await a rebid in such a manner as to leave the door open for a more favorable proposal? City Attorney, Mr,, Williams, That is true with a third alternative. You could make a finding that it appears to the public interest that further bidding be waived and that a negotiated contract be solicited for 'this lease and option to purchase Councilman Heath, Would it be possible to hold over the awarding of this bid and see if we can get a written proposal in place of this oral proposal? City Attorney$ Mr,, Williams; I don't -think so,, Once you open bids you can't open bids and then offer to some other person the opportunity to enter some other competitive -® you can act on the bids or you can reject the bids but you can't hold them open and allow one to alter or submit a new or different bid,, ®10- 0 • Cv ,C, 6d 14( 65 PURCHASE OF 4-WHEEL STREET 'SWEEPER' Continued Councilman Snyder., Page Eleven I personally think we should accept the low bid and go ahead,, Move that the bid in the amount of $129629004 plus trade-in of sweeper from the Conveyer Company be accepted and the unsuccessful bid bonds be returned,, Mayor Nichols,, The motion dies for lack of a second,, Motion by Councilman Krieger, seconded by Councilman Heath, that in the public interest further bidding be waived and the staff be instructed to enter into negotiations for the possible leasing with the option to purchase of a four-wheel type street sweeper and that all bids on this particular street sweeper be'rejected,, Mayor Nichols° I have some reservations about this where it is not truly essential in the public interest to waive the normal bidding procedures and turn over to the staff a directive to negotiate the purchase of a $139000 piece of equipment I could not accept the precedent that would be established here if we depart from the normal bidding procedure on an item of this cost,, Councilman Krieger,, for them to negotiate the agreement,, There was no intent for the staff to purchase,, It was Mayor Nichols., In the final analysis we will either have to accept or reject their recommendation,, Consequently, they are authorized to negotiate outside the framework of the competitive bidding situation and to recommend to this Council the fruits of their negotiation,, Councilman Krieger., We are not taking this in an isolated instance. We have already received bids that we are rejecting,, Certainly this Council is aware of the figures involved in this situation. Action on Councilman Krieger°s motion., Motion carried,, (Councilman Snyder voted "No",,) HEARINGS UNCLASSIFIED USE PERMIT NO,, 102 South Covina Water Service HELD OVER and LOCATION., 1216 Walnut Avenue between Merced Avenue and Lucille Avenue,, PRECISE PLAN N0,, 453 Request to permit the use of a South Covina Water Service water well in Zone R-A denied HELD OVER by Planning Commission Resolu- tion No,, 1775, request for approval of precise plan for construction of the water well denied by Planning Commission Resolution No,, 1776,, Appealed by applicant on May 149 1965,, C • C,, C,, 6/14/65 SOUTH COVINA WATER SERVICE APPLICATIONS -,-Continued Deputy City Clerk, Mrs,, Preston° Mayor Nacholso IN FAVOR Page Twelve (Read Planning Commission Resolu- tion No,, 1775.) This as the time and place for the public hearing,, Mr,, Hal Marron I am the engineer for the pro® 3142 East Virginia Avenue ponent,, My business office as West Covina 1443 Valinda Avenue, Valinda,, We have tried to carry out the staff's recommendations. There has been a well on this property since 1904, We are speaking now after the fact,, We have done certain things and we are here to rectify any changes we may be able to make because we didn't realize at the time we would require action by the Planning Commission or this particular body,, The property is zoned R-A and our interpretation as that this well as a necessary adjunct for agricultural property,, We relocated the well approximately 75 feet to the east,, We chose the particular location for the well so it would be as far away from the existing well Suburban has because State law requires you move at least 56 feet,, We attempted to move the building back far enough so we would have setback but not so far so we would be too close to adjacent property. The particular building as about as near to the center of the property as possible,, The property to the north as owned by Suburban Water Systems,, They have one producing water well on that property at the present time and the large parcel of land as being reserved so an the future when the well does give out that there will be a place to redrall at,, The use has not changed.on this property,, The identical property that was on the well has been put back into service except we have made every attempt that we can to soundproof the building,, The exhaust system we are presently using is the one on the well before but at -that time the well made so much noise that evidently the sound of the exhaust coming out of the stack was not notacible,, We have put an a larger stack so the velocity of the gases doming through the stack will be cut down and the noise will be cut down,, We expect that when the trees grow they will screen the visibility for the building which we don't feel, is objectionable now but will also have a tendency to absorb any sound that might generate from this building,, We intend to continue our efforts to silence this engine,, I don't know whoever promised the box building,, We have a buried exhaust system and I am afraid the muffler itself from the vibrations is probably what is causing the problem,, We hope to be able to correct this,, We will continue our efforts along this line an the hopes of being a good neighbor,, . The absolute need for this water well an this area as not only dictated by the fact.that the land is available and that as the use, of we should go to the.adjoinang property somewhere else an the City with attempts to drill and put to a new use a residential lot for well purposes that we would probably not be as welcome as we are here where this as an existing use for this property. If you have any questions'. I would be most pleased to answer any questions about this,, Co Co 6/14/65 Page Thirteen SOUTH COVINA WATER SERVICE APPLICATIONS ® Continued • IN OPPOSITION Mr.Albert T,, Bilderbach My property is adjacent to this 1222 Walnut to the south,, When they moved West Covina this well and drilled it, I believe it was around the holidays, at the time they were going to do this they said they would put up a block wall building that would be soundproof, landscape the property and after they drilled the well they moved the building that was there at the time which was an oldframe shack building over the well and I wrote a letter to Mr,, Snyder at that time and the Council and also to the Chamber that I didn't think it was the proper thing to do. I had the Building Inspector out there and found they had not obtained apermit to move the building,, They have tried to improve the property but still I don't feel very happy about it. The sound from the exhaust of that motor sounds like a freight train running down Valley Boulevard,, The sound is now worse than it has ever been,, I know lie has a nice well and all of this but I have a nice home and this home has cost me a lot of*money,, If they had put the trees up there when I moved there eight years ago the trees would have been big enough to cut down some of the sound. Do you think I want to live there eight years more? I want the sound cut down now,, The homes out there are all stucco homes, shake roof,, They just put paint on their building,, It wouldn't have cost them too much to put stucco on that building and make it look like the rest of the neighborhood and it would -insulate it more,, When they break the windows down they put boards on them. If they wrap it up in stucco and put up some shutters and make it look like a decent building and do something with the noise they won't have any complaints from me,, Mr,, Mel Bosserman I wanted to point out to Mr,, 1228 South Walnut Marron that we had a meeting West Covina. yesterday,, We are pretty much in agreement. I wanted also to point out to Mr,, Marmn that we are not so stubborn to think we don't need the water well,, We understand we have to have it there and we are in agreement,, There weren't any qualms whatsoever about the need for the well. This is quite a hardship for Mr,, Bilderbach because being next to the water well is rather a detriment to his house when he bought it but he did have one beautiful thing about his house and that was this beautiful picture window,, When the shed moved 50 feet back, the mountains disappeared and he has this shack he is looking at,, The question was.brought up about this being a rush job on a 24-hour call,, I can see when a well breaks down there is an urgency for getting the well into operation,, Our main contention again is not the well but the house. There has . been plenty of time for a lot of building permits to have been taken out to show the movement and installation of a new housing for the well,, There is another adjacent owner, Suburban, who owns the northerly part of this lot. During the last six, seven years the owners of the property while they have maybe the same type of thing have maintained it,in a much different manner,, For as long as I can remember they have kept the lot weed -free,, They have maintained ivy around their wire fence and have even installed sprinklers to keep the ivy green and have basically had a rather neat appearing half of a lot,, In contrast to this we have for the last six or -13- C,, C 6/14/65 Page Fourteen SOUTH COVINA WATER SERVICE APPLICATION Continued • seven years had adjacent to our property a definite weed patch, I can't honestly say that South Covina Water Service until this well came about ever made any honest attempt to beautify their property whatsoever,, Mr,, Paul Bloom I am adjacent to the Suburban 622 East Merced Water District well,, We have West Covina never been notified as to the construction of this well and this was done during the holidays on a 24-hour basis,, This land has been completely neglected for eight years and we were promised at the time of purchase of this property it would be maintained to the form of a park, trees and grass would be planted,, The Suburban Water System has an electric well,, I live right next door to it and the pump is rather close to my house and I never hear it but I can hear the motor running from this gasoline engine running under this new building,, This building looks like it has been there since 1904, They have just added fresh paint,, What guarantee do we have as home owners in the City of beautiful homes that this property is going to be maintained in a fashion commensurate with the houses surrounding it? REBUTTAL Mr,, Hal Marron: I have to admit that South Covina Water Service has been negligent. I suggest if it is a condition of the use permit that we can make as a condition to this variance and this precise plan that this property be maintained in landscaping and that the weeds be kept down. We realized when we covered those windows from the outside this would look like we couldn't afford glass,, Gentlemen, we have put in a double wall and the installation that we have filled into those windows was for the sole purpose of being able to shield sound,, We have put in double doors throughout that particular building. We realize stucco possibly would have been an asset. However, we got to this point and unfortunately we had run out of money,, We did the best we could with the materials that were there,, A wood building will always look like a wood building,, Our fence has been planted with ivy and it is being maintained and we will continue to maintain it,, We did not secure a building permit because the Building Department couldn't issue us a building permit,, The building —has been moved,, It has been reviewed and all the work that has been done is all right,, There being no further public testimony, the hearinp, was closed, Councilman Snyder: Mr,,Marron, how long do you expect a well like this to be good for? • Mr,, Hal Marron: The particular well was built in 1904 and gave out in 1965-,, The well we have put in we expect to be good for 50 or 75 years,, Councilman Snyder: You say you did put in an inner wall and insulation between? Mr,, Hal Marron: Yes,, The sound is not coming through the walls of the building. It happens that the muffler is buried outside of the building and I am afraid where we are getting our sound transmission is from this -14 0 0 C, Co 6/14/65 Page Fifteen SOUTH COVINA WATER SERVICE APPLICATION = Continued muffler to the adjoining ground and it is setting up a low vibration pattern that if you go out during the day you can't tell whether the well is ;running or not,, In the still of the night it is noticeable, It has been our experience that the people living adjacent to these facilities are aware of them when they first move in and soon become accustomed to the sound, Councilman Snyder-, Do you,realize that when the City builds fire stations in residential areas we have a program to make them residentially compatible in looks? Does the water company have such a program to make your buildings compatible since this is likely to last another 50 years? Mr, Hal Marron: Yes, we do, We are under the impression that our building is the same type in construction as a garage building would be and consequently from a compatible standpoint it looks more like a garage than it does a house, Councilman Jett° Mr, Hal Marron: Councilman Jett-, Mr, Hal Marron: Councilman Jett-, Do I understand that the pump runs 24 hours a day? Yes. Have you considered the possi- bility of an electric motor there instead of a gas pump? Yes, we have considered it. Whait was the reason for selecting the gas over an electric motor? Mr, Hal Marron We have a fixed contract to sell water to the Country Club, It is on a stipulated price and it is only variable to the extent of the difference in the cost of natural gas,, The electric for the amount of producing costs twice as much so it would double the cost of water, Councilman Jett-, The reason for it is the cost? Mr, Hal "Marro:ra: The cost and also we have the flexibility of the variable' spread and this is desirable when you are putting in a well pumping to a variable load such as the golf course irrigation would be, Councilman Jett-,, You stated you are making every effort to eliminate this noise or cut it down,, What would you feel, in your opinion, would be a reasonable time to accomplish this? Mr, Hal Marron: We are working on.it every day, The next step we are going to do is go in and dig up the muffler itself and put gravel around it instead of just backfilling it with dirt with the hopes that this will insulate it from the surrounding ground, If that doesn't succeed our next step would be to try a different.type of muffler, m15 Cc Co 6/1.4/65 Page Sixteen SOUTH COVINA WATER SERVICE APPLICATION - Continued • Councilman Jetts What can you do or what would you be willing to do to correct this appearance that might meet with the approval of your neighbors? I can understand where they would be displeased with something that is unsightly,, Mr,, Hal Marron: We hope the landscaping will take care of the building,, The ivy on the fence is beginning to catch hold and there will be a six-foot curtain of ivy,, Councilman Jett-, You propose to maintain this landscaping? Mr,, Hal Marron: Yes,, We would be most happy to have that as a condition of this permit,, Councilman Heath,, Are you in agreement with the fact of what the opponents stated that to wrap this building in stucco would not cost too much? Mr,, Hal Marron: We had a bid of something like is and to stucco the building and we elected to paint it hoping in the future that we would do this,, Deputy City Clerk, Mrs,, Preston-, (Read conditions stated in Resolution No,, 1776 of the Planning Commission,,) Councilman Heath,, I think the two main complaints of the opponents here are the appearance of the building and the sound which Mr. Marron feels is coming through vibrations through the earth,, Would it be possible to hold this over for a month to allow Mr,, Marron°s company to see if they can eliminate this sound problem? For us to say we would grant this subject to the elimination of noise is.something..that is impossible but after a month if Mr,, Marron has come to a solution where most of the vibration or noise has been eliminated and it is satis- factory to the property owners, I think then we could act in a different manner on this application,, After.a month we should review it with a report from these people whether or not they are satisfied,, Councilman Snyder-, I agree with that. I think the building should be improved other than with paint; not necessarily stucco, so that it is more compatible with the surrounding area,, Apparently they expect this building to last 50 years and they can amortize the cost of improving this building over 50 years very well,, • Councilman Krieger.- g So much of the problem we are faced with in the Council is because our determination is made after the fact,, It would be much easier for us to make a constructive determination in this matter if we were faced with the situation prospectfully. I believe the burden is on the applicant to satisfy the.Council that the two elements that Councilman Heath has just summarized9.being appearance and noise, are going to be satisfactorily resolved. I don't think anyone has taken any issue with the necessity of such a well to the �i • n C. Co 6114/65 Page Seventeen SOUTH COVINA WATER SERVICE APPLICATION m Continued community but I think our responsibility in such an instance is to make sure that there is equal responsibility shown to the neighboring residences I would concur in the approach that this matter ought to be held over for the purpose of placing the burden on the applicant to bring these factors of appearance and noise right before this Council before we are asked to pass on this,, Councilman Jett-. provision that on the landscaping that I thinks agree with this,, I would concur in holding this over but could we add to the it be maintained? The proponents, Mayor Nichols-. That condition would be added to The conditions of the precise plan before it came back before us,, Councilman Snyder-, We can add that to the use permit. Motion by Councilman Krieger, seocnded by Councilman Snyder, and carried, that Unclassified Use Permit No,, 102 and Precise Plan of Design No,, 453 be held over with the hearing held open to the first regular Council meeting in the month of July,, AMENDMENT NO,, 69 Consider amending sections City Initiated of the Municipal Code relating HELD OVER to yard requirements, off- street parking spaces and off- street parking improvement requirements, and parking of heavy commercial equipment in residential zones,, Approval recommended by Planning Commission Resolution No,, 1785,, Acting City Clerk, Mrs,, Preston-. Planning Director, Mr,, Joseph-. Parking of heavy commercial equipment prohibited (read said amendment.). Councilman Jett° and is a driver of a truck and brings or on a vacant lot or in his driveway citation? Is this right? (Read Planning Commission Resolu- tion No,, 1785,,) There is an addition to Section 31.88, the traffic section G� in residential zones to be Would this mean that a party who lives in.the City of West Covina it home and parks it next door overnight, he could be given a Planning Director, Mr,, Joseph-. Yes, It was the intent of the Planning Commission to prohibit the parking of these heavy vehicles,, When you talk about three tons grbss you are not including pickup trucks, light commercial vehicles,, These are the heavier* commercial vehicles that are kept off local streets just passing through the City,, Mayor Nichols.- This is the time and place for the public hearing,, There being no public testimony, the"hearin'g was"closed,, -17- C. Co 6/14/65 "AMENDMENT N0. 669 Continued Page Eighteen • Councilman Heath-, Mr, City Attorney, is it within our jurisdiction to rule they cannot park equipment on private property? City Attorney, Mr. Williams-, I think it probably is because you have the jurisdiction to limit a residential zone to use for residential purposes and those which are incidental to the use for residential purposes. The question would boil down to this-, Is the driving to and from your home in a truck of more than three ton capacity a normal incident to residential use? I don't know of any case that this opinion I am going to give is based on but I think it would be a reasonable exercise of your power to prohibit the coming to and from your home in a truck and semitrailer like Bekin uses under the guise this is my home and all I am doing is coming home. I think really the use of such equipment is necessarily an incident of a business and not an incident of the fact that you live there. In my opinions to be repetitions, the use of this type of equipment is an incident of a business and not an incident of the living of the home. I would suggest a slight tightening of the wording in this resolution. I am referring to the last paragraph, Section 31889 Parking of Heavy Vehicles Prohibited. It says "unless the subject property has been granted a variance or unclassi- fied use permit for land use other than residential and the parking of such vehicles would be a reasonable accessory to the operation of the business." Now, they are all accessory to the operation of business. I think what is meant here is accessory to the operation of the business which is permitted by such variance or unclassified use permit. Councilman Krieger-, Going to the fact of parking, are we really talking about accessory or necessity? My question has to do with the wording that the City Attorney was directing our attention to. What is the purpose of this to tie it into necessity?, The wording is "accessory to the operation of business",, What is the intent, to tie it in where the business vehicle is a necessity? Planning Director, Mr. Joseph- To the -use that would be located by permit in.these residential zones? Yes. Councilman Krieger- Why not use the word "necessity" instead of "accessory""? Planning Director, Mr. Joseph-, As long as the ,intent is clear that the wording to be changed to conform with the intent, there would be no objection, I am sure. Councilman Krieger-, I refer now to Section 9203,,2. What commended itself to you to strike the words "not less than" in this section and the subsequent two sections? Planning Director, Mr,, Joseph-, These are residential setbacks in the R-A and R-1 zone. The way it reads now, it is not less than 25 feet. What has been determined in interpretations by the City Attorney at the Planning Commission meeting was the setback by saying that becomes a floating setback. So the setback would be measured from the rear of the structures the rear of the main building to the back property line C,, C,, 6/14/65 AMENDMENT NO. 69 - Continued Page Nineteen is and when you deal with Amendment No,, 65 adopted by the City Council you note that within the rear yard you can build up to the side property line,, We were assuming when No,, 65 was through that the rear setback is only the rear 25 feet,, Through an interpretation at the Planning Commission meeting it was brought out by a gentleman who appeared before the Commission that the rear 25 feet is not necessarily the setback,, It is from the back of the building to the rear property line so that our intent was when a person moves into the back yard moving next to the line was not being fulfilled because a person could be next to the line 40, 50 feet from the rear property Line right next to someone°s house and build right on the line,, What we wanted to do was pin down and truly define what is a front yard setback, what is a rear yard setback, and what are your side yard setbacks and not leave it to the placement of a structure on a lot which varies throughout the City,, We set the required lot yard setback as "rather than" not "be less than",, That is the reason for the change,, Councilman Heath° I am defining setback differently than you are,, I am defining set back as the distance from the actual physical structure to the property line,, If my definition is true and that being from a structure to a property line and this reads that the setbacks must be 259 this limits use of the property; a corner of the building has to be 25 feet from the back property line, Planning Director, Mr,, Joseph° No,, We establish a rear setback line which is a minimum of the light and air we want on the lot,, We state, and it has been administered through the years by the Building Department, that the rear setback line is 25 feet,, No part of the main structure can be in the back 25 feet,, Amendment No,, 65 adopted by the City many months ago stated that a main building may go into the rear yard provided that the total percentage of ground coverage on the property is reduced correspondingly. We are saying to the person now you may build anywhere on your lot from the front setback line to within five feet of your back line; if you infringe upon the rear 25 feet you have to reduce your total ground coverage but we also say that you may build next to your side property line only within the required rear yard and not build on the side property line anywhere up and down that lot,, Councilman Heath° Does this say the "back yard setback lineB° or does it say "back yard setback"7 City Attorney, Mr,, Williams, (A sketch was drawn on the board and Mr,, Williams gave a brief summary of said sketch,,) If the man°s backyard is more than 25 feet deep, and he wants his garage not to be 25 feet removed from his house back on the rear of the lot, he must jog over five feet to get into his garage,, Planning Director, Mr,, Joseph.- That is not too much of a problem. That would be the effect,, Councilman Snyder.- I see what you are getting at but I don't think you have the solution,, -19- • 40 CO cc 6/14/65 AMENDMENT NOo 6-9 -, Continued Page Twenty City Attorney, Mr,, Williams-, I think you could accomplish this same thing if in Amendment No,, 65 where you allow additional building in the rear yard you don't let them go within five feet,, You merely add "nor shall they go within five feet of the side lot line except for garages",, For the same accessory buildings that were permitted before you allowed this additional construction by Amendment No,, 65 you would accomplish what you want without defining what really is a yard line,, Councilman Jett-, I think everything behind the house is the rear yard,, This change confuses me,, Councilman Krieger-, I am struck by the fact that the solution is worse than the problem,, I would be in favor of holding this over and studying this,, Councilman Jett-, Motion by Councilman Snyder, seconded carried, that Amendment No,, 69 be held Planning Commission for clarification,, WRITTEN COMMUNICATIONS LETTERS FROM VETERANS OF FOREIGN WARS AND THE AMERICAN LEGION REGARDING FIREWORKS PERMIT OF WORLD WAR I VETERANS I don't think I agree with their intent, if I understand it,, by Councilman Krieger, and over and referred back to the Mr,, Shannon Burke We are here in West Covina pride 1702 West Swanee Lane ourselves on being a combined West Covina veterans organization,, The Veterans of.Foreign Wars, the American Legion, the Canadian Legion, the Disabled American Veterans, and the Jewish War Veterans have combined themselves into one organi- zation called the West Covina Veterans Coordinating Council,, This Council has informed the City Council a year or so ago that we have a thousand dollars or more to donate to the swimming pool that was proposed at Del Norte Park,, We have.worked on numerous occasions to protect each others' rights,, We are for veterans' rights and for veteran organizations,, We respect this City Council to the highest degree because of the fact that they have permitted us to sell fire- works and discharge fireworks within the City limits of West Covina which is not permitted in Covina or in the County,, The various veteran organizations have set up organizations which have gone out and secured themselves locations in which to sell fireworks,, They have done so successfully. They have maintained for a period of at least ten years the livelihood, the normalcy, the respectable position of the hurt veteran who couldn't take care of himself,, We have paid house payments; we have made payments to support families and children,, We continue to do so. We intend to do so in the future. Now, we have an organization which is autbioarized by Congress which is a veteran organization that is -a -legi timate organization. Our understanding . is that the World -20- Co C. 6/14/65 Page Twenty -One VETERANS COMMUNICATIONS ® Continued • War I Veterans, Barracks No. 1, started to meet at Cortez Hall and then met and are presently meeting at San Jose School. We had a little argument here a few years ago about the Jewish War Veterans meeting 50 yards outside of the City limits, the Jewish Center on North Irwindale. We fought this out and the City Council was convinced that we were in the right and they granted the Jewish War Veterans the right and the permit to sell fireworks. At the present time we are faced with an entirely different situation. The Veterans of World War I, Barracks No. 1, have permitted a promoter to come and use their permit to sell fireworks. This is contrary to all the expectations of the veterans organizations because service and rehabilitation have been the primary purpose of the veterans Iorganizations of this City. This City Council has never been called on to any knowledge to help any veterans organization or any veteran and `here have been members of the City Council who have called me and who have called others and said "We have a Veteran out here who is in dire straights who needs help, aid, and -assistance" and that was rendered. Many veterans have been taken to the hospital. This money was only accumulated by the only way we have of raising funds and that is selling fireworks. If a veterans organization is permitted to come in here and sell fireworks through a promoter, a • promoter does not sell fireworks for a veterans organization for nothing. I think we are all familiar with the procedures of the promoters end of any venture. They take the master end of.the supply and demand. All we are asking is that the World War Veterans, Barracks No. 1, who are questionably.qualified, be denied.a.permit unless they themselves sell fireworks. Tonight we have representatives here from all of the,veterans organizations who have volunteered to help the Veterans of World War I sell fireworks at their stand for no compensation whatsoever. We are willing to do this. We do it through the West Covina Veterans' Coordinating Council. All we ask is for a fair shake for all because we are very much afraid that if this becomes a hassel that then the City Council will see fit to deny all veterans and all other organizations the privilege of selling fireworks and gaining money for services and rehabilitation. Mayor Nichols. We have a report on this matter from the staff. Councilman Snyder. Do you have evidence of the hiring of a promoter by the World War I Veterans? Mr. Shannon Burke: I would like to introduce Mr. Gassman of the Fireworks Company • who has personal knowledge of this information. Mr. Nat Gassman As far as our company is concerned, Sales Manager we are interested in selling fire - Red Devil Fireworks Company works to all organizati_orxs. My contention is that I understand that Mr. Gude has said he was a salesman for our company in getting the World War I Veterans to sell fireworks. He is not a member of our sales office. He is a businessman. He is a good customer of ours m- very honest, trustworthy om so there isn't anything I can say -21- C. C. ' 6114/65 Page Twenty -Two VETERANS COMMUNICATIONS ® Continued • against him except for the fact in the City of West Covina we have had a very good relationship with the veteran organizations and none of these organizations have pirated any other locations,, Councilman Snyder,, In other words, they won't have to buy from him,, They could buy directly from you? Mr,, Nat Gassman.- That's right,, Mayor Nichols.- I think those of you who are giving this communication should be aware of the information that has come to the Council via the staff report. In the first place, it is my understanding that the permit has been issued already and that barring'some infraction or violation of the ordinance, and I have discussed this problem with the staff, there would. be no basis for revocation of it,, A staff' member has investigated the matter from the standpoint of the City and they state that the fireworks representative supposedly is to receive 10% from the total gross sales. It also states that this is indicated to be a standard return for a salesman in the Red Devil Fireworks organization,, There seems to be some confusing information that has come to.the..Council,, City Manager, Mr,, Aiassa.- The information we have was received from the World War I Veterans group,, That is our source of information,, Councilman Krieger.- Is there a representative here from that group? Mr,, Eldon Brady.- Our barracks No,, is 2853,, Mr,, Marotti is the head salesman as far as I understand from the Red Devil Fireworks Company,, Mr,, Nat Gassman-, I am the sales manager for the Red Devil Company,, Pat Marotti is the President of our company, and he doesn't sell fireworks to anybody,, The 10% that they are talking about I imagine would be the salesman's commission if this man was working for the Red Devil Fireworks Company, which he isn't. Mayor Nichols-, Unless our City Attorney has knowledge of this particular ordinance and has it at hand, no one has'made any complaint that one organigation is in violation of the ordinance under which the use is granted. As far as the ordinance is concerned there.doesn't seem to be anything in that that says a veterans group has to sell the fireworks in some particular fashion,, Councilman Snyder.- I think it was the intent of • the ordinance that these veteran groups should use this money for community purposes. We didn't write this into the ordinance,, That is one reason we restricted to West Covina organizations,, Councilman Heath-, I was on the committee that worked jointly with these veteran groups and with the City.Council at the time we reviewed this matter. It is true what you say, that there is no specifics that - they must sell --them in a certain way, that they cannot hire a -22- Co C. 6/'14165 Page Twenty -Three VETERANS COMMUNICATIONS , Continued • "promoter" but I would look at the part here where it says concerning the place in the City, it reads this way-, "Which said organization maintains a meeting place in the City in a properly zoned area and not a home, garage, or other residential property, and which has held meetings at least monthly during the preceding year's period." The intent at that time was to try to clarify here that they didn't want some organization coming inand meeting exactly as this group is doing in a school and meeting in temporary quarters. They wanted them to have their own building, to have some civic connection, something where they could anchor their feet, and this was the intent at the time this ordinance was written. I grant you it does not say in here anything restricting a promoter but I would look upon this as to whether this group is qualified in light of the intent of the ordinance and the way it is written. Mr,, Eldon Brady-, We don't mean to step on anybody's toes and we don't know about or didn't know about these people being organized until about two weeks ago. Mayor Nichols-, It seems to me it would be in the interest of both of your groups to try to work cooperatively with each other. I still don't see a violation of the law here where we have a right to revoke a permit that has been issued. Councilman Snyder-, If you got real technical, they are not meeting in the City, but it seems to me Mr.Burke has offered a way out. He has offered them the use of their stands to sell and it seems to me that their application.could be transferred to the V.F.W. that had that spot before. Mr. Shannon Burke: Councilman Heath-, Mr. Eldon Brady-, may have to hire somebody because we will be there to see that they with these other groups. That is true. Are you hiring a "promoter"'.? We are buying our own fireworks and we will sell our own. We we don't have enough members but are sold. I will be happy to work Mr. Shannon Burks; It was the offer of the West Covina Veterans' Coordinating Council to help this organization sell if they will sell themselves and use those proceeds for service and rehabilitation, which is our only purpose in protesting this entire matter. Mayor Nichols-, I think it would be in keeping • with the sentiments. that have been expressed here on the Council that we certainly feel it is to the advantage of this community and to the advantages of all our veteran groups to work closely together toward the mutual benefit to each veteran group and to the closely integrated interests of the. inter -communities and we would hope you could achieve that this year. If it doesn't seem to work then we would probably be very receptive. to specific recommendations from the Coordinating Council for. any changes in this law that they might deem necessary. -23® • C. C. 6/14/65 Page Twenty -Four VETERANS COMMUNICATIONS m Continued Councilman Krieger: I would suggest that these gentlemen address themselves to this discussion outside of the Council chambers and that if the objectors here wish at some later time in the evening to come back and press this point of the technical defect in the ordinance that they do so at some later time this evening. If we don't see them back we will assume they have worked out this problem among themselves. Mr. Shannon Burke: Thank you. We will do that. PLAANNING COMMISSION METES 8 BOUNDS NO. 135-238 William A.'Wilson APPROVED LOCATION. Southeast corner of California Avenue and Bainbridge Avenues, 1.13 Acres @ 4 Lots ® Area District II. Approved by Planning Commission on April ?, 1965. Held over from April 14th to April 26th for staff report on legal standpoint. Held over from April 26th to May loth and then to May 24th, at request of applicant. Held over to June 14th with consent of applicant. Review Planning Department report. Planning Director, Mr. Joseph-, You have a copy of.the report with all -the conditions to be imposed on this metes and bounds. This has been coordinated with the City Attorney and agreed to by the applicant. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that Metes and Bounds Subdivision No. 135-238 be approved subject to the conditions as ennumerated in the memorandum from the Planning Department of June 2, 1965,, PRECISE PLAN N0, 439 Artie R. Jett HELD OVER Review of Glendora Avenue block.. study, per City Council request. Mayor Nichols. There will be a public hearing on this•matter before the Planning Commission on the 16th of this month. It would be my own thinking that it probably would not be in the best interests of proper legislative procedure to involve ourselves in a discussion and we should accept this matter tonight for information only. Councilman Krieger: Councilman Snyder: Planning Director, Mr. Joseph: I would concur in that position. I would concur. (A map was presented and a brief summary was given. Motion by Councilman Krieger, seconded by Councilman Heath,.and.c.arried, that Precise Plan of Design -No. 439 be held over to the next regular meeting.of•,.the City Council. (Councilman Jett abstained.) -24- C, C, 6/14/65 PRECISE PLAN NO, 439 m Continued • Councilman Jett: a building down there? Is it your from building on this property? I have been seven weeks trying to get Mayor Nichols. - • Councilman Jett: I think I am entitled, Councilman Snyder: Mayor Nichols: Councilman Jett: Mayor Nichols: Page Twenty -Five Could I get an indication that you might allow me to build intention to stop me completely think this is a fair question, I The Chair rules you out of order, Mr, Jett, I don't care. I am not out of order, I am asking a question, I have just as much right to this floor, your development and would like entertain any question you have Councilman Jett: Mayor Nichols: I am willing to answer his question, May I proceed as the Chair? You may proceed, If you wish to.address.the Council relative to your property and to step down, the Council will to ask, I will not relinquish my position as a Councilman, The Chair rules you out of order, Councilman Jett: I feel I have just as much right to speak as anybody else, I think this is an injustice and I think it is a disgrace that you have treated me like this, are doing is holding me up from a buildingCpermit tthatyhasobeenat they completely approved because of the precise plan, Legally can they do this? Legally if I went in and demanded a building permit could they refuse to give it to me? City Attorney,, Mr, Williams: Councilman Jett: City Attorney, Mr, Williams: Councilman Jett: They could if there is no - precise plan approved yet, Mr, Jett, This is completely subject to the precise plan now. This is for the record, You mean your building conforms to an existing precise plan? Yes, to an existing precise plan, completely in accordance with the zoning ordinance, -25- C,, Co 6/14/65 PRECISE PLAN NO,, 439 - Continued Page Twenty -Six . City Attorney, Mr,, Williams-. There is a precise plan in existence? Councilman Jett: Yes, there is. I have a precise plan approved by the Planning Commission and a precise plan approved by the City Council. Everything that has been required of me for a building permit has been done,, . City Attorney, Mr,, Williams. I am going to answer mm if your application for a building permit complies with the precise plan which has been approved, there is no right to withhold the building permit REVIEW PLANNING COMMISSION So indicated by Mrs,, Preston,, ACTION OF JUNE 29 1965,, The following item was called up by Councilman Heath,, Zone Change No,, 344 Skelton Property Denied by Planning Commission Councilman Heath. I think the Council should re® • "evaluate the zoning on this property in light of its highest and best use,, I would like to call this up before the Council,, Variance No. 556 The following item was called Farmers Insurance up by Councilman Krieger,, Denied by Planning Commission Councilman Krieger. When did the Planning Commission hear this? Planning Director, Mr,, Joseph. May 19th,, Councilman Krieger. I would like to call the denial of the variance for the sign request up before this council,, I have a letter dated June 10, 1965 addressed to me from the Farmers Insurance group which I will hand to the City Clerk and ask'her to file,, I know nothing about the case except what is represented in that letter and the purport of the letter would indicate that the applicant did not feel he had his "day in court",, To insure him that he does have his day before the City Council and without this being an;indication to any extent as to my feelings on the matter of this, variance, I will call the matter up,, Councilman Heath. • to appeal,, In hearing before cant to apply,, this case the City is the Council where it If this man feels he hasn't had his ".day in court" he is entitled paying the expense for the is legally provided for the appli® s Councilman Krieger. You are purport -goes to the matter that you raise and that is in which to appeal the action of the Planning of the letter and he goes into an explanation expired ;without him filing an appeal,, correct and the whole of the two -page letter that he had ten days Commission from the date as to why the time m2.5� • C,, Co 6/14/65 FARMERS INSURANCE VARIANCE ® Continued Mayor Nichols. - RECREATION 6 PARKS REVIEW RECREATION & PARKS COMMISSION ACTION OF MAY 259 1965 Page Twenty -Seven It has been called up and will appear before this Council,, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept the report of the Recreation and Parks Commission of May 25, 1965 and place it on file,, POOL TABLES Youth Center Mayor Nichols.- We have a.recommendation indicating that the amount of $71547 is available through monies raised by the youth clubs themselves And held in trust by the City and the Recreation and Parks Commission has recommended that the Council authorize the release of these youth group moneys to purchase a pool table,, Motion by Councilman Heath, seconded by Councilman Snyder, to accept the report of the Recreation and Parks Commission and permit the Recreation and Parks Director to purchase the tables in accordance with the letter outlined,, Councilman Krieger. - I have a question on the source of the funds,, Parks Director,Mr,, Gingrich.- The source of the funds referred to here is from the dances that have been held during the past several years by the Twisters and Continental Youth Groups,, This represents".income.above the cost of the dances,, Action on Councilman Heath.Qs motion. - YOUTH COMMUNITY CENTER VENDING MACHINE CONTROL Motion carried unanimously,, Councilman Heath.- I think our contract should have • a cancellation clause,, I think we should have the right to cancel a contract within five or ten days upon notice,, I think that should be written into the contract,, City Manager, Mr,, Aiassa.- We will put that in the contract,, Motion by Councilman Krieger, seconded by Councilman Heath, that the Recreation and Parks Department be authorized to n)eogitate an agreement with Szabo Food Service for supplying the vending machine needs of the youth center and that such an agreement be submitted to the Council prior to execution for approval,, 027® E Is C. C. ' 6/14/65 Page Twenty -Eight YOUTH COMMUNITY CENTER VENDING MACHINE CONTROL o Continued City Manager, Mr,, Aiassa: I would recommend that you direct the staff and the City Attorney to prepare an adequate contract to insure the provision the Council has outlined,, Councilman Krieger: Councilman Heath: City Attorney, Mr,, Williams: Mayor Nichols: I have no objection. I will withdraw my motion,, I will withdraw my second. You want a cancellation provision? Yes,, Motion by Councilman Snyder, seconded by Councilman Heath,.and carried, that the staff be authorized to prepare a contract for the proper signatures with Szabo Food Service, Inc,, once the City staff has satisfied themselves that this contract is worthwhile and that the contract is to have a cancellation provision,, GENERAL MATTERS ORAL COMMUNICATIONS AZUSA/FRANCISQUITO HOME OWNERS? ASSOCIATION PRESENTATION Mr,, Don Frankel I represent the Azusa/Francisquito 1251 Auburn Drive Home Owners' Association,, West Covina Mayor Nichols: If this is related to the zoning matter -- Mr, Don Frankel: Immediately after the last public Council.meeting we prepared a declaration for presentation here,, Since then the Council itself and the press have made a lot of noise about the improprieties of two members of the Council. All of this.noise has been negative,, The City of West Covina will survive until the next City election when new Councilmen can be .elected,, We think it is time to stop the arguing and impuning and move forward with positive action,, If all the energies of reaction and defense were directed into the most mature channels the results could give us'a dynamic government- We suggest you listen to what we have to say,, I would like Mr,, Dave Nelson to read our declaration to you,, Mr,, Dave Nelson "Recommendations to the City 1312 Auburn Drive Council of West Covina,, At a West Covina previous meeting of the West Covina City Council the question of conflict of interests concerning the activities of Councilmen was introduced,, It is apparent that the constituency has no protection from the misaction of a Councilman except by recall or defeat at the time of election,, While these inherent rights are valuables we feel -28- • • Co Co 6/14/65 Page Twenty -Nine AZUSA/FRANCISQUITO HOME OWNERS° ASSOCIATION PRESENTATION m Continued that in order for the Council as an entity to keep the respect of the people it should be empowered to police itself on this subject,, Therefore, we recommend the following Council action - ."One,, Draft and present a charter amendment to the electorate at the next City election providing for a vote of Council as a method of expelling Council members in any case of proven improper action,, "Two,, In order to increase the quality of our local government we recommend that the City Council be expanded to seven members,, The City has grown considerably in population and geographical areas in the last two years reducing the effective representation of the people,, Enlarging the Council would improve the relationship the Council has with the citizenship,, Besides providing for broader viewpoints on the many subjects and problems that comebefore the City,, "Three,, In accordance with our wishes for the best representation of the people by the Council, we also feel that Councilmen should be elected from neighborhood districts,, The present at -large elections of Councilmen cannot -- cannot provide the communication actability and direct representation entitled by the electorate,, "We know that these issues we bring forth are somewhat complex,, This is the reason for recommending that they not be presented for vote until the next City election,, In the interim period we would look to the City Council to appoint a committee to study these areas and subsequently write the proper charter amendments to present.to the people,, "Needless to says we feel strongly about this matter,, Our interest in this started with a disagreement involving local zoning,, While we are still concerned with.that problem we'have become more concerned about the quality of our City government. We will insist that some form of these recommendations be provided or presented to the people for their consideration or this issue will become an ever-growing political question at subsequent Council elections,, We are going to insist that the best possible government be given to the City of West Covina,," This is from the Azusa/Francisquito Home Owners' Assocatio.n,, Mayor Nichols- Thank you,, You propose your suggestions under Oral Communications to this Council as amendments to the Charter and this City has no Charter,, It is a general -law city,, There are some legal implications as to the impldmentation of such suggestions and all those areas would have to be explored, too,, • Councilman Heath- I want to thank the two gentle- men for the article they brought and I think their attitude is very commendable,, It is something along the line of what I was going to bring up later this evening and that item is this- We have an election coming up in approximately a.year. and I think if the City Council will review the facts that this is no longer a cow town and that it is now a metropolis, and we should look toward the direction of creating a charter city,, I think now is the time to consider this so that it can be put before -the people. on the next election and become effective possibly two years after the next election,, I am not asking this for any selfish motives, whatsoever -29- • • • C, C, ' 6114/65 Page Thirty AZUSAIF°,RANCISQUITO HOME OWNERS4.ASSOCIATICN PRESENTATION - Continued. because a charter city could not go into effect until approximately three years from now but the point that Mr. Nelson brought out about equal representation throughout the City is a very valid one. We ourselves sitting on this Council know that all five of us come from within a half -mile radius in one corner of the City and this is not conducive to good representation. I feel there is definite need for a full-time Mayor- not for a point of political machinery, but purely because having been Mayor and the others that have been will agree that a Mayors time is stretched to a point of breaking because there is too much to be done. I would like to ask this Council to consider these matters, . Move that the City Attorney be instructed to present to us the information regarding a charter cityg copies of which he has presented to the City of Montebello any other cities and make it available to the Council and that the Council set up a study session some time during the month of July with the idea of possibly putting this before the electorate at the next election,, Councilman Snyder-, If you would add to that motion that the City Attorney and staff also outline briefly in their opinion the advantages and disadvantages of a charter city plus the mechanism of such, I would second it, City Attorney, Mr. Williams-, Councilman Snyder-, I will make a suggestion with regard to both comments made. We can do that at the study session. I will second the motion, City Attorney, Mr, Williamso The League has made a booklet giving the advantages and dis- advantages of a charter city. I think the easiest first step is for each Councilman to obtain this publication of the League. Then if you wish to proceed with further details, we could, Councilman Jett-, Mr, Williams, in the event of forming a charter cityA do those people who would study and prepare the Board of Freeholders, are they elected or what? City Attorney, Mr. Williams.- There are two ways to prepare a charter. One, the City Council; can prepare one itself. I have never seen a Council itself do it, Or, you can rn appoint a Board of Freeholders, There is an election and there is a dual proposition. Proposition One is "Shall this City appoint a Board of Freeholders to draw a charter?" If that doesn't carry, the next proposition is valueless. The next one is the election for the nomination of freeholders. The fifteen receiving the highest number of votes are elected, Within one year they must bring in their findings and the freeholders set the date of the hearing Councilman Krieger-, We are in Oral Communications. The subject matter is much broader than the limitations of the oral communication This is a matter we have discussed informally on a number of occasions, I would be more disposed at this time to follow the suggestion of the City Attorney and to have made available to the Council the literature in the.f.iedd from the League so at that time that we desire to move -30- 0 Co C, 6114165 Page Thirty -One AZUSA/FRANCISQUITO HOME OWNERSB ASSOCIATION PRESENTATIONContinued ahead in this field we will have some background ourselves in this subject matter rather than act on the spur of the moment to the impact to a particular situation. Councilman Snyder. The intent of the motion as I understand it is so that the matter no longer remains a casual discussion point and that we now get down to the serious discussion, Mayor Nichols. The motion was to request the City Attorney to provide some information and after that to have a study session, Councilman Heath. All I want is for the City Attorney to send us copies of charter information he has and set up a study session, Councilman Krieger. All we are doing is asking the City Attorney to make available to us all the material that is availabe in the field and that we calendar a study session? Councilman Heath. That is the intent of the motion, Action on Councilman Heaths motion. Motion carried.unanimously, Mr, Dave Nelson. We made a technical flaw in referring to "charter amendment", What we were interested in or what these original suggestions involved was not so much becoming a charter city, not that we are opposed to this, but that there were certain areas in which we wanted to see our City government.-G as a point of information, is it impossible to move in any of these actions unless we are a chartered city? City Attorney, Mr, Williams. Yes, it is, You can only district if you are chartered; you can only increase your Council to seven members if.you are chartered, Councilman Snyder. A charter is not necessarily the answer to all your -problems, You can have just as bad a government under charter as you can under general law, VETERANS' PROBLEM Mr,, Shannon Burke The World War T Veterans upon 1702 West Swanee Lane consultation have absolutely West Covina refused to cooperate with the other veteran organizations, We questioned the validity of their application because they are not meeting in a properly designated place in the City of West Covina, They have pirated two locations of the veteran organizations pre- sently existing and who have had locations existing for a number of years. One is the Canadian Legion; one is the Veterans of Foreign Wars, Their spokesman out here just.made.t%e.statement that they -31- Co Co 6114f65 VETERANS' PROBLEM m Continued Page Thirty -Two are getting $300 for each stand which is an outrage because I know at one time that the V,F°,W, made at least $109000 and the American Legion made several thousand dollars on fireworks,) I wanted to present this to the City Council because we declare as far as the West Covina Veterans' Coordinating Council is concerned that their legitimacy is not established; that they are not an organization qualified for fireworks and we leave it in your hands, Councilman Heath. I would like a legal ruling as to whether they are qualifying or whether they are meeting legally within the City, Councilman Snyder Technically they might be outside the City, City Attorney, Mr, Williams.- They might be across the street from the City limits, Councilman Snyder.- I believe we extended that privilege to another group that did meet outside the City, Mr, Shannon Burke: Yes because it was named the "West Covina Jewish War Veterans • Post No,, 1776011 Councilman Jett. I believe the.Jewish War. Veterans at that time agreed or moved into the City immediately, Mr, Shannon Burke: yes,) Mayor Nichols. The only reason that this group is meeting outside the City limitis is they approached the West Covina Unified School District Office and requested a school building to meet in and out of 18 schools in the school system one is right across the street from the limits and the District coincidentally assigned that group to that school, Councilman Heath: Mr, Shannon Burke: Councilman Heath. • Mr, Shannon Burke: Have they been meeting there for over a year? No, They met at Cortez Hall before, Have they been meeting in the City and adjacent to the City for over a year? Yes, We offered to give them everything in the world, Councilman Snyder. If we were to revoke their permit this year, they now understand what is required,) Certainly they can come back next year and meet all the r..equziments, -32- Co C,, 6114/65 VETERANS' PROBLEMS m Continued Page Thirty -Three • Mr,, Shannon Burke: We will cooperate with them 100 . We have offered them an invi- tation to come into the Coordinating Council,, We will come down here in mass with them just as we have with others to fight for any veterans' rights,, 0 Councilman Snyder.- Can we revoke a permit by a motion? City Attorney, Mr,, Williams.- Yes,, I think the more serious thing is that this organization has taken a fixed sum of money and in effect turned the stand over to somebody else to run,, All the profits above this fixed sum goes to the other organization,, This, i think, does contravene the ordinance,, Mayor Nichols.- Is the fact in this matter that this organization received a sum of $300 for their use of their permit and they received no.further money from this program? Mr,, Shannon Burke: City Attorney, Mr,, Williams° This is correct,, They sold their permit, in effect, for $300. Mayor Nichols.- He stood right here and said they would be on the premises themselves when the fireworks were being sold,, City Attorney, Mr,, Williams. - He said they would have.to hire somebody to do that,, Motion by Councilman Snyder, seconded by Councilman Heath, that the permit for the World War Veterans to sell fireworks be revoked,, Councilman Krieger.- This is under Section 6310 of the Municipal Code having to do with the selling of fireworks in the City? City Attorney, Mr,, Williams. - It permits the organization only to sell,, Councilman Snyder.- I would like to add to my motion that this permit is being revoked upon the grounds that they are not meeting within the City limits; that the operators of the stands is not the Veterans of World War I; that they have, in effect, sold their permit to some other organization,, Councilman Heath. - Councilman Krieger: School but I am impressed with the engaging in the activity. I will accept the amendment to the motion. I am not overly impressed with the technicality of San Jose factor of the organization not -33- I C, C, ' 6/14/65 VETERANS' PROBLEM m Continued Page Thirty -Four • Mayor Nichols-, If this group is able to come into the City in the coming days and demonstrate that they do comply with this ordinance literally in every essence, they will be equally as eligible to receive a permit, 0 Action on Councilman Snyder's motion-, Motion carried unanimously, EL DORADO INN REQUEST Mr, Frank Incoparo I am representing Mr, Roy Hill, -Representative We have a helicopter that West El Dorado Motor Inn Covina won't land. This coming West Covina weekend we are throwing a grand opening at the E1 Dorado Inn, We have employed Bracket Helicopter Service to fly a helicopter over here, pick up children, and take them for free rides, This grand opening was scheduled at a later date but something came up so we are going to have it this weekend, Our letters are in the mail right now -to the Chamber and to the Council, To land a helicopter in West Covina -.requires a temporary permit but you need a 15®day notice, which we can't get. According to Chief Wetherbee, if we can get an okay from you people tonight he will send a Fire Department representative out there tomorrow and okay this and we are all set. This way 19500 children in West Covina will get to ride in a helicopter, This is going to land in the adjoining parking lot. There is more than enough room, Mayor Nichols-, It is my understanding we have an ordinance on -this matter and to grant such a permit would be in direct violation of the City ordinance, Councilman Snyder: We did it for Santa Claus, Councilman Krieger-, I think we should deny the request. I wish the people in this community would become aware of this ordinance and begin to comply with this and others, Councilman Snyder-, I don't think we can do anything. The ordinance has been in effect since March, Prior to that time, something possibly could have been done, Mayor Nichols: WRITTEN 'COMMUNICATIONS PETITION FOR SIDEWALKS ON PUENTE AVENUE BETWEEN SUNSET 6 VINCENT Public Services Director, Mr, Fast, The concensus is that it is a clear ordinance and we can't go against our ordinance,, The program approved earlier in the evening does have this sidewalk on it as a priority, -34- C C,, ' 611416S Page.Thirty-rive PETITION FOR SIDEWALKS ON PUENTE AVENUE-- Continued City Manager, Mr, Aiassa° We will acknowledge the receipt of this petition and inform them that this is a priority item,, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that said petition be received and placed on file, REQUEST OF WEST COVINA COUNCIL OF PARENT TEACHER ASSOCIATIONS TO SUPPORT BY PROCLAMATION THE INDEPENDENCE DAY NATIONAL BELL RINGING OBSERVANCE Mayor Nicholso If the Council has no objection, I will so proclaim (No objections voiced,) So proclaimed,, Mr. Aiassa, would you communicate with Mrs, Glen Devault and inform her that the Mayor has been authorized to make the proclamation.and would she be kind enough to furnish to you the specific hour and date in West Covina that the activity would be engaged in? City Manager, Mr, Aiassa: I will take care of that,, LETTER FROM CHAMBER OF COMMERCE REGARDING NAME CHANGE OF GARVEY AVENUE NORTH OF THE SAN BERNARDINO FREEWAY'THROUGHOUT THE WEST COVINA CITY LIMITS Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this communication be received and placed on file, LETTER FROM CHAMBER OF COMMERCE REGARDING PROPOSED REVISION TO THE CITY BUSINESS LICENSE FEE SCHEDULE Mayor Nicholso They are asking for our attention to this request and would appreciate an early disposal and indicate a request to meet with key staff personnel to discuss the subject matter, Councilman Krieger: Don't we have a study session on this subject matter coming up sometime in the future? City Manager, Mro Aiassa: Yes, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the correspondence from the West Covina Chamber of Commerce dated June 2, 1965 be received and filed and at the time of our study session that the proper committee from the Chamber be invited to attend, -35- • Co Co 6/14/65 'WRITTEN COMMUNICATIONS ® Continued LETTER FROM MIKE TAYLOR°S CAR WASH AND TEXACO GASOLINE STATION City Manager, Mr. Aiassa-, Page Thirty -Six I think this should be referred to the Traffic.Committeeo Motion by Councilman Krieger, seconded by Councilman Heath, and carried,, that this matter be referred to the Traffic Committee for a report. Mr. Mike Taylor I would like to say that I also 1325 South Glen Alan by my customers have a petition West Covina of over 400 names P 1 h . eop e w o came to us saying they had difficulty getting into our station signed this petition. I have .. talked to the rest of the businessmen onthe rest of Vincent Avenue. We will be very happy to meet with the Traffic Committee and discuss this. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the petition be received and placed on file, that it be referred to the Traffic Committee to be considered in their deliberations on this matter. AZUSA AVENUE Amar to Renault City Manager, Mr. Aiassao This is the continuation of the proposed Azusa Avenue extension. As the Council remembers, the report that was made to the Council pertaining to Azusa Avenue going to Valley, the portion we were involved with took us up to Covina Pass Road at the bend and from here this distance going south will take us over Valley Boulevard. They are asking us to lend support but we have a small expenditure that we are involved with. I think this report shows the amount. RESOLUTION N0, 3182 Azusa Avenue - Amar to Renault Street ADOPTED The City Manager presented-, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA . JOINING THE CITIES OF INDUSTRY AND LA PUENTE AND THE COUNTY OF LOS ANGELES HEREINAFTER REFERRED TO AS THE LOCAL AGENCIES REQUEST- ING THE DEPARTMENT OF PUBLIC WORKS TO RECOMMEND AND THE CALIFORNIA HIGHWAY COMMISSION TO ALLOCATE FUNDS UNDER THE PRO- VISIONS OF SECTION 143.3 OF THE STREETS AND HIGHWAYS CODE FOR THE IMPROVEMENT OF AZUSA AVENUE BETWEEN AMAR ROAD AND RENAULT STREET, HEREINAFTER REFERRED TO AS PROJECT, DESIGNATING THE COUNTY OF LOS ANGELES AS THE COORDINATING AGENCY AND THE ROAD COMMISSION OF THE COUNTY OF LOS ANGELES AS THE COORDINATOR OF THE PROJECT WITH THE APPROPRIATE OFFICIALS OF THE INTERESTED AGENCIES" m36® CQ Co 61I4/65 RESOLUTION NO,, 3182 ®.Continued • Mayor Nichols: Page Thirty -Seven Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Snyder, 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,, 3182,, WALSH-FORKERT REQUEST FOR FINAL MAP EXTENSION Mayor Nichols: We have a staff recommendation that the final date for filing of this final map be extended to June 8, 1966,, City Attorney, Mr,, Williams: Once it is expired, it is • expired,, You can grant an extension but once it is dead you can't put life back into it,, They will have to refile the tentative. It is expressed right in the.Subdivision Map Act,, (Read Section 11555,,) Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that extension of time for filing on Metes and Bounds Subdivision No,, 135-225 be denied,, RESOLUTION NO,, 3183 General Telephone Company ADOPTED Mayor Nichols: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA FINDING AND DECLARING SOME OF THE SERVICESg PRACTICES, AND FACILITIES OF THE GENERAL TELEPHONE COMPANY IN THE CITY OF WEST COVINA TO BE INADEQUATE AND INSUFFICIENT" Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Snyder, 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,, 3183. m37® • • C,, Co 6/14/65 Page Thirty -Eight CITY ATTORNEY m Continued AZUSA/FRANCISQUITO PROPERTY ZONING MATTER Motion by Councilman Krieger, seconded by Councilman Snyder, and.. carried, that the two letters from the City Attorney dated June7, 1965 be received and placed on file,, SIGNALIZATION OF AZUSA 6 PUENTE Deputy City Clerk, Mrs,, Preston, We have a letter addressed to Mr,, Heath regarding the signalization of Azusa Avenue and Puente Avenue,, This letter is signed by Richard Ralphs, and dated June 11, 1965,, (Read said letter,,) Councilman Heath: He is inquiring about the left -turn arrow in front of Ralphs Grocery Market on Azusa Avenue,, This started back at the time when I was Mayor and we have been trying to get a left -turn arrow put in there ever since,, The promise Mr. Ralphs received was last spring and then it was last fall and then due to the Christmas season it couldn't be put in and it was supposed to be put in this January and has not been done. Then it was.supposed to be last March and again it was not put in,, As I understand we still don't have a date for putting this arrow in and I believe Mr,, Aiassa has a report on it,, I would like to have a report as to the schedule date of the installation of this left -turn arrow,, Public Services Director, Mr,, Fast, I was in contact with the State Division of Highways regarding s ignalization on North Azusa Avenue and they gave the following schedule to me. Funds to be authorized by the Highway Commission in July; advertising in August; open bids in September; start work in October. I further made the request that they possibly schedule the work at Puente Avenue first within the total program and they thought it would be entirely appropriate,, City Manager, Mr,, Aiassa, ORDINANCE INTRODUCTION Section 9224.5 Hearings Councilman Snyder, City Attorney, Mr,, Williams, We have permitted and requested U-turns,, The City Attorney presented. - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 9224,,5 OF THE WEST COVINA MUNICIPAL CODE RELATING TO NOTICE OF HEARING IN ZONING MATTERS" Could this be limited to resi- dential? It could be,, -- Co C, 6114/65 Page'Thirty''Nine ORDINANCE INTRODUCTION m Continued • Planning Director, Mr, Joseph: There is a piece of driveway in the midst of the Eastland Shopping Center that is still zoned R-A, There is a little sliver in the midst of the Plaza still zoned R-A, City Attorney, Mr. Williams: This is not self-operating: It is only waived if you waive ito Planning Director, Mr. Joseph: If we would post in the field it could be not less than 100 feet on every street lined within 300 feet of the area up for rezoning. This could run into a couple of hundred posting cards, even more, If it were mailing up to 300 feet this would mean the obtaining of the names of everyone within 300 feet by the staff and mailing out by first-class mail and all the people within the area ®m and this would be three times the number of cards, We are talking maybe twos three hundred cards and maybe up to a thousand cards. It would be very cumbersome, Motion by Councilman Snyder, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance, Motion 'by Councilman Snyder, seconded by Councilman Heath, and carried, that said ordinance be introduced, (Mayor Nichols voted "No",) • Mayor Nichols: As a matter of rinci le I don't P P � n t feel that we should delegate to -- an appointive body the right to waive posting as is currently required. I will vote No on that basis, Councilman Heath: On .a subdivision, is it still shall pay for the cost of the rezoning?he ordinance that the subdivider Planning» -,Director, Mr, Joseph: No, RESOLUTION NO, 3032 City Attorney, Mr, Williams: We are discussing Resolution 3032 which relates to the Harker Development Company plan, This was adopted in October of 1964, It contains a kind of meaningless first condition which reads: "The precise plan shall become effective on or before April 139 1964 and all construction completed " A `1 U pr1 , 1964 was some several months before it was approved in the first place, In the second place, we have since adopted as part of -the uniform conditions a provision that a precise plan shall be commmenced or completed within two years, commence actual construction within two years from the date of • approval, Mayor Nichols: for speculative profit, to acquire There was a time limit imposed and on it, That was April, 19659 and the intent was to prevent.the zoning actual development on the property, that was before we had the ordinance 039® • • U C. C, 6114/65 RESOLUTION NO,, 3032 m Continued City Attorney, Mr. Williams-. Page Forty If it was 165 and then follows "all construction completed". I am not certain that I know what that means, In any event, if' so they have not commenced construction., is that right? Planning Director, Mr, Joseph-. Yes, They came in with their building plans and we checked over the City Council°s resolution of approval and we found this condition in there, We checked the Minutes of the City Council when they were granted this and we checked the motion but we didn't check the dialogue of the Council but we couldn't find it in your motion so we brought it up to the City Attorney, City Attorney, Mr, Williams-. Perhaps they should file for an amendment, I can't honestly interpret it. I want to know what your intention is, Councilman Snyder-. Councilman Heath-. The purpose_of that was to get. Cameron in as soon as possible, I believe, I think the rest of the sentence was left off and that was to construct the street improvements, Councilman Jett-. I think if it was approved by the majority of the Council that the intent was to let them build, I would say we should give them a building permit, Motion by Councilman Jett, seconded by Councilman Heath, and carried, that the intent of the Council in Resolution No, 3032 was to approve the building of a service station and and that the precise plan is still in effect and the building permit shall be issued, (Councilman Krieger and Mayor Nichols voted "No",) CLAIM BY ROY STEPHEN ROSE City Attorney, Mr, Williams: We have received an application to file a late complaint against the City. It is the claim of a minor. Mayor Nichols-. We are all familiar with it, The State law provides that in case of a minor the governing body shall grant an extension of time beyond the 100 days, Once you have granted the extension of time is not passing on the merits of the claim. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the application of Roy Stephen Rose for leave to present a claim against the City of West Covina later than the 100th day after the accrual of the cause of action, but less than one year thereafter, is hereby granted on the grounds that the applicant was and is a minor during all of the time specified; that notice of this action shall be given by mail to the address stated in the proposed claim; and that this action shall constitute neither an allowance nor rejection of.the claim. ®40® • Co C 6/14/65 CLAIM BY ROY STEPHEN ROSE - Continued: Page Forty -One Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, that the claim of Roy Stephen Rose and the action of the City Council granting leave to file the claim be transmitted forth- with by the City Clerk to the City's insurance carrier with a re- quest that such carrier advise the City whether to reject the claim or to give notice of insufficiency thereof pursuant to Section 910.8 of the Government Code. CITY MANAGER REPORTS FINANCIAL CONSULTANT SERVICES PROPOSAL City Manager, Mro Aiassa: You advised me to seek out various methods of obtaining proposals and financing under lease option, non profit corporation, et cetera. We have made an extensive reviewo We have talked to several cities who' have undertaken this type of venture. One of the cities is La Habra. Another is La Mirada; Duarte, The interest rate is between 3.4 to 3.5. Also we have the recommendation of other financial consultants. You have a report from Stone & Youngberg, a recommendation from William J. Morankoo There is a third method which the Council might like to review and that is the City of Industry is now proposing this type of program. It is called "joint powers". They are meeting with an attorney in San Francisco who has done a great deal of specialty work in this matter, They are going this Wednesday and I am proposing - to let them have a sample of what our problem is here and they will re- view it and bring back some ideas. This has a lot more advantages than any of the others alone. I think this should be discussed in a session where we can spend some time on this. I suggest we have a study session. Councilman Snyder: Perhaps we could put this in at the end of one of our budget sessions. Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, to receive the letter from Mr. Bonelli to Mr. Hollinger and place it on file. "I must further emphasize to you the vital importance of pursuing and keeping alive the ultimate financial solution in providing this fiscal year a plan of proceeding with the Citrus Municipal Court development and construction in West Covina, absent of general fund monies, In the face of the present Board of Supervisors' order, voted 3 to 2, supporting the consolidation of the Municipal. Courts into a single district, it appears futile for me to seek in- clusion of a $1,200,000 appropriation for the additional de- velopment at the Citrus Court in the fiscal 1965-66 budget, Also, I do not wish to see the judges of the Citrus Court subjected to harassment or embarrassment in the appearance before our Board at Budget Hearings seeking a Citrus Court appropriation. 41. - 0 C. C 6/14/65 Page Forty -One A FINANCIAL CONSULTANT SERVICES PROPOSAL - Continued: Letter from Mr. Bonelli to Mr. Bollinger - Continued: "Thus, it becomes imperative that you continue exploring the three alternative avenues of approach open to us in procuring an early construction program for the Citrus development. to -- That construction be effectuated by private financing under a County lease -option to purchase plan. (If there are legal obstacles in properly defining and locating buildings,, then consideration should be given to constructing both the 1st and 2nd phase of the projected Citrus Court building now by private enterprise under a single Lease -option to purchase contract, Leasing to the City of West Covina for City Hall purposes that portion of the addition until needed for court operations in 1970 and justifying proceeding with the total project now). 2. -- That the possibility be pursued that the City of West Covina may be able to provide the procedural steps necessary toward going ahead with a development plan,, with a County lease -back arrangements to accomplish the end result on schedule, 30 -- That the County Retirement Board possibly finance • the entire Citrus Court development projected through 1970, thus providing a sufficiently large project to interest the Retirement Board in accepting and agreeing to finance it Accordingly, will you take the added.steps necessary to immediately explore each of these three alternatives in collaboration with the City Officials of West Covina and all others directly concerned with finding a satisfactory solution and consummation this fiscal year?" Motion by Councilman Snyder, seconded by Councilman Krieger, and carried,, that the discussion of the consultants and method of financing be added to a study session item to one of the budget sessions. HUMANE SOCIETY AGREEMENT EXTENSION City Manager, Mr. Aiassa: Our contract between the San Gabriel Valley Humane Society and the City of West Covina, we have done an extensive study. We have reviewed the present contract. I don't like to recommend the • five-year .proposal. I think we should do it on the three-year plan and we should have a provision in there for cancellation. Last year you gave them a one-year extension which will not be terminated until June 30, 1965. I would like 30-day notification on termination of the contract. - 41-A Co Co 6/14/65 Page Forty -Two HUMANE SOCIETY AGREEMENT EXTENSION - Continue-d: Councilman Heath: If you have a 30-day cancellation clause what is the advantage of of three years over five years? Mayor Nichols: I would assume it is just a matter of showing good faith. City Manager, Mr. Aiassa: It gives the Council and the staff time to re-evaluate both services. Councilman Heath: They want to put in capital improvements and they can't do it if they only have a three-year contract. Councilman Krieger: If you have the option to cancel - there doesn't have to be any sub- stance to the timed City Manager, Mr. Aiassa: You have to have another ready service to pick up the service you are terminating, too. This is one of the big disadvantages. I have no objections to the San Gabriel Valley Humans Society but it is very inconvenient for the people of West Covina to pick up their animals at South San Gabriel. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, •that the Mayor and City Clerk be authorized to sign a new contract to extend the contract for three years with the 30-day option for cancel- lation upon written notice by either party with the San Gabriel Valley Humane Society. ANNUAL CITY AUDIT PROPOSAL City Manager, Mr. Aiassa: The responsibility of the Council to continue these annual audits is plain. I have a report from the Finace Officer regarding this mattero Councilman Snyder: There was some discussion two years ago about the value of changing auditors once in a while. We checked into this but found the others were more expensive Motion by Councilman Snyder, seconded by Councilman Krieger, and carried, to authorize the staff to negotiate the contract for Council approval with Cotton and Francisco. is INSURANCE ANALYTICAL SERVICES City Manager, Mr. Aiassa: The Council has received copies of this report, We have never had a complete review of our insurance coverage.except by the staff and myself. There are provisions in the contracts in these various insurance coverages that sometimes it would be worthy to have a professional person look it over. I think some of the insurance coverage we now have may be adequate but may not be by wordage of the insurance policy itself, There is a possibility that with the City growing so rapidly and with added -42- • 9 0 C. C. 6/14/65 Page Forty -Three INSURANCE ANALYTICAL SERVICES m Continued insurance coverage that it might be valuable for us to engage this man. He will work on a per diem basis. We will have him go over our entire insurance program. He may find out certain policies could be put up for public bid which will Dring you a much better coverage and a much better rate. Motion by Councilman Snyder, seconded by Councilman Krieger, and carried, that the services of Munn, McClarin and Company be contracted at the rate of $125.00 per diem, not to exceed $750.00 according to the letter of May 13, 1965 and the provisions therein. (Councilman Jett voted "No".) FIRE DEPARTMENT HEIGHT REQUIREMENTS Mayor Nichols. We have the recommendation here -- and we have discussed this before. It is strictly a matter of whether the Council desires to go along with the recommedation or not. Councilman Heath- I donet see the validity in this request. Councilman Jett- I donBt feel the reasons ennumerated justify the change. Mayor Nichols- I am inclined to be sympathetic to that viewpoint. Councilman Krieger- I am sympathetic of the Personnel Board's viewpoint who are apparently more cognizant of these matters. Motion by Councilman .Snyder, seconded by Councilman Heath, and carried, that the Fire Department Height Requirements remain the same and that the recommendation of the Personnel Board be -denied. (Councilman Krieger and Mayor Nichols voted "No".) RESOLUTION N0, 3184 Personnel Class Specifications ADOPTED Mayor Nichols - The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING A CERTAIN CLASS SPECIFICATION ATTACHED TO RESOLUTION NO. 1277" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Krieger, that said resolution be adopted. Motion passed on roll call as follows- Ayes- Councilmen Jett, Snyder. Krieger, Heath, Mayor Nichols Noes: None Absent- None Said resolution was given No. 3184. ®43® 0 0 1] Cv Co 6/14l65 Page Forty -Four CITY MANAGER REPORTS m Continued PERSONNEL BOARD MINUTES Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the Personnel Board Minutes of May 18, 1965 be accepted and placed on file. (Councilman Jett voted "No".) HUMAN RELATIONS COMMISSION STIPEND City Manager, Mr. Aiassa,- You have a letter addressed to the City Council pertaining to an action by the Personnel Board regarding this matter. Motion by Councilman Heath, seconded by Councilman Snyder, to accept the recommendation of'the Personnel Board 'and grant the Human Relations Commissioners a stipend starting on July 19 1965 and that it be included in the budget for the coming year. Councilman Jett,- I would like to read a quote from the resolution adopting the Human Relations Commission-, "All Commission members shall serve without pay and may be removed from office by a majority vote of the Council." Do you have to change that? City Manager, Mr,, Aiassao You have to amend both. You have to -adopt the'new salary resolution and then have the City Attorney draw up a resolution to amend the existing resolution. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the City Attorney be instructed to prepare the proper resolutions. (Councilman Jett voted "No".) CLAIM FOR DAMAGES Roy Rose Mayor Nichols. FOUR-WHEEL SWEEPER AWARD Mayor Nichols, - McCANN ECONOMIC REPORT APPROPRIATION City Manager, Mr,, Aiassao We have already taken care of this matter. We took care of this earlier in the evening. This is ready for publication and printing. I need approxi- mately $1,600.00. m44® Co Co 6/14/65 Page Forty -Five McCANN ECONOMIC REPORT APPROPRIATION Continued: Motion by Councilman Heath, seconded by Councilman Krieger, to appropriate • $1,627.75 for the publication of the McCann Economic Report. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes° None. Absent: None TOPOGRAPHICAL SURVEY Civic Center Snyder, Krieger, heath, Mayor Nichols City Massager, Mr. Aiassa. In order to proceed further with plans for the development of the civic center it is necessary to obtain a topographical survey of the civic center. Motion by Councilman Heath,seconded by Councilman Krieger, to authorize the expenditure for a topographical survey of the civic center not to exceed $1,900.00, Motion passed on roll call as follows: Ayes: Councilmen Xett, Noes: None Absent. None SUPPLEMENTAL AGREEMENT Azusa Avenue bridge over Walnut Creek Wash Snyder, Krieger, Heath., Mayor Nichols City Manager, Mr. Aiassa: We present herewith for City Council approval and authorization to sign, the Azusa Avenue Bridge crossing over Walnut Creek Wash. This is an agreement between the County of Los Angeles Road Department and the City of West Covina, Motion by Councilman Snyder, seconded by Councilman Krieger, and carried, that the Mayor and City Clerk be authorized to execute the supplemental agreement between the County of Los Angeles and the City of West Covina relative to the inclusion of the Azusa Avenue crossing over West Covina in the improvement of Azusa Avenue from Francisquito Avenue to Amar Road. REVIEW BOARD MINUTES Motion by Councilman Heath, seconded by Councilman Krieger,, and carried, to approve the Review Board Minutes of May 24, 1965 and place them on file, UNIFORM BUILDING CODE PROPOSED AMENDMENT City Manager, Mr. Aiassa: The Council has been given copies of this proposed amendment, I would sug- gest that the Building Department and the Public Services Department call a meeting of these contractors and builders and bring them up to date of what we are proposing,to get their endorsement, I think you end up by adopting something new and the first day we attempt to administer the new building ordinance, we are in trouble; so I would like to have their comments before the hearing. We are going to have a public hearing before the City Council and you might as well inform them before the public hearingo -45® Co Co 6/14/65 Page Forty -Six UNIFORM BUILDING CODE PROPOSED AMENDMENT - Continued. Motion by Councilman Snyder,, seconded by Councilman Krieger, and carried, that this matter be held over until, the staff has had a • chance to discuss this with the builders and contractors involved, (Councilman heath voted "No".) LANDSCAPE PETITION Sunset Avenue City Manager, Mr. Aiassa- We have a report from the staff and recommendations are set forth. "As a result of a petition received from North Sunset Avenue Property owners, their request for median strip beautifica- tion was included in an overall parkway landscaping report being prepared by staff. At the last City Council meeting it was requested that meetings be held with the property owners involved. Upon review by staff, it was determined that median strip landscaping differed somewhat from normal parkway landscaping problems, and each could best be handled by separate reports. Meetings were scheduled with the petitioning group from North Sunset Avenue, and home owners with a similar median strip problem on the west side of South Sunset Avenue, between Fran- cisquito and Del 'Vale Streets, The purpose of the meetings was to review existing policy on landscaping median strips and find out if property owners are interested in participating financially in 'additional improvements to these areas. Following is a summary of the meetings held: A. North Sunset Avenue Group to Seven out of the eleven property owners involved attended the meeting, 20 Three types of treatment considered- (a) trees at approximately 401 spacing with two oleander bushes beto.9een each thee, (b)) same planting as (a) plus all other ground area covered by asphalt, (c) trees plus solid ground cover and an irriga- tion system on all dirt area, 3. General agreement reached on plainting trees and oleanders in center of median strip. 4a Mrs. La Forge to contact all property owners to see if they would consider paying cost of instal- ling asphalt on dirt area around trees and bushes at an estimated cost of $90 to $100 per property owner, ha General concensus that cost of purchasing, planting and maintaining trees and shrubs should be borne by the City, Additional cost of improvements, such as asphalt or complete ground cover with irrigation system, should be borne by property owners if they desire such improvements. -46- Ca Ca 6/14/65 Page Forty Seven LANDSCAPE PETITION - Continued, Median Strip Landscaping Report m Continued,. • 91Bo South Sunset Avenue Group to Five of sixteen property owners involved attended the meeting. One letter, was also received in fa- vor of planting trees° 20 Same type of treatment as outlined in A-2 was reviewed. 3. General agreement by all that trees and bushes in center of median strip would be satisfactory, 4. No interest indicated in sharing financial respon- sibility for additional improvements, 5. Unanimous feeling that cost of purchasing, planting and maintaining trees and shrubs should be absorbed by the City. CONCLUSIONS - The City has established precedent by planting and maintaining, at city expense, minimum landscaping of the median strip on Rowland Avenue, between Lark Ellen and Azusa Avenue. This planting consists of trees, interpersed with - oleander plants, as discussed with the Sunset Avenue proper ty owners. The trees are watered by tank truck withaut bene- • fit' of an irrigation system, It is felt that this type of treatment should be considered as the City's contribution - toward beautification of these areas, and that this policy should be continued in similar areas throughout the City un- til such time as annual budgets can absorb a more complete and more expensive landscaping program. Any further imprbve- ments desired by property owners at this time should be paid for by the residents involved, Costs for planting and maintaining each of these two areas under consideration is as follows: la Initial Planting Costs ao Materials $ 125.00 bo City Labor - 24 man hrs. 65o00 20 Annual Maintenance Estimated ao City Labor $ 275�00 bo Equipment $ Materials 175.00 .00 RECOMMENDATIONS The City staff recommends that the City install landscaping consisting of trees set at approximately 40' intervals, with • two oleander bushes between each two trees, in the median strips on North and South Sunset Avenue, at an estimated material cost of $125.00 each, and that the City maintain the plant material with City forces. It is further recom- mended that asphalt concrete be approved for installation in the median strip around the plantings, provided adjacent property owners absorb the cost of such installation." Motion by Councilman Heath, seconded by Councilman Krieger, and carried to accept the report and execute the recommendations on the median strip landscaping as outlined in the report of June 10, 1965. -47- C. C. 6/14/65 Page Forty -Eight BLACK MUSLIM PROBLEM Human Relations Commission Recommendation Mayor Nichols: We have a''communication from'the • Human Relations Commission relative to the Black Muslim problem. Motion by Councilman Krieger,*seconded by Councilman Heath, and carried", that the communication from the Human Relations Commission dated June 9, 1965 relative to this matter be received and placed on file. SISTER CITY FOUNDATION BY-LAWS AMENDMENT Councilman Heath: I thought the by-laws Mere chaiiged­- where the Council appoints represen- tatives at large? Mayor Nichols: The by-laws change involves the total Council selecting one to five repre sentatives to serve on the Sister City Foundation. Councilman Krieger: I was asked to appear with their by- laws committee and I came back to the Council and made comments on the three matters discussed and the"Council'** at that time said that was their wishes and I took that report back to them, Motion by Councilman Snyder, seconded by Councilman Heath, and carried, • that the Council take this list and study it and be prepared and make - appointments at the next regular meeting of the Council of Council repre- sentatives to the Sister City Foundation Executive Committee. FOREST LAWN SUIT Printed Brief Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this be received and placed on file, RECONSIDERATION OF CITY REQUIRE- MENTS FOR INSTALLATION OF SIDEWALKS Councilman Heath: I would like to hold this over. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this matter be held over to the newt regular meeting of the City Council. VINE CREEK STORM DRAIN Homeowner's Meeting Councilman Snyder: I understand there is a petition on this. City Manager, Mr. Aiassa: Yes. The staff has had a meeting with the homeowners in that areas The • staff has come forth with a recommendation. The staff will prepare a de- tailed report when the petition comes in. Motion by Councilman Kreiger, seconded by Councilman Heath, and carried, to accept the report. TRAFFIC SIGNALS AND HIGHWAY LIGHTING ON AZUSA AVENUE (COUNTY LETTER) Mayor Nichols: We have already taken care of that. MUM 0 C, C� 6/14/65 WATER RESOURCES MEETING Tehachapi Crossing City Manager, Mr. Aiassa: SUBRUBAN WATER SYSTEMS Notice of Annual Meeting City Manager, Mr. Aias§a: Page Forty -Nine That is for information only. It is June 16th at 9:30� This is June 17th at 3.-00 Po M.' at"th(6 Dinnerhorn. Who will be representing the City? Motion by Councilman Kreiger, seconded by Councilman Heath, ' and "c-arridd, that the City be represented by a staff member at the annual meeting of the Suburban Water Systains. OLD MINERS DAY PARADE Antique Fire Truck City Manager, Mr. Aiassa: This is a request for us to send -the antique fire truck to Big Bear Lake, California on August 8, 19W The Fire. Department has been consulted and they desire to go-, Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to authorize the display of fire truck at Big Bear Lake an August 8, 1965. • PERSONNEL DEPARTMENT MONTHLY REPORT (May, 1965) Motion by Councilman Heath, seconded by Councilman Snyder, and carried' y to accept the departmental personnel report for the month of May, 1965. BUDGET HEARINGS SCHEDULE City Manager, Mr. Aiassa: Councilman Jett: CHAMBER OF COMMERCE QUARTERLY REPORT You all have copies of this schedule. I will not be able to attend June 21, 1 will be able to attend 16, 17 and 24, City Manager, Mr. Aiassa: This is relating to the West Covina Chamber of Commerce progress in the third quarter. This is their report, I would like to have the report placed on file, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the West Covina Chamber of Commerce Progress Report for the third quarter be accepted and placed on file, • CITY CLERK APPLICATION FOR LIQUOR LICENSES FOR, Johnny's Quality Meats Carousel Theater Stein Room Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that no protest be entered on all three of these applications. -49- I Cv C,, 6114/65 CITY TREASURER None MAYORS REPORTS SCREENING OF APPLICANTS FOR VARIOUS CITY COMMISSIONS Mayor Nichols: of screening applicants for The date will be the 25th,, Councilman Jett: Councilman Krieger: Mayor Nichols: CHAMBER CONTRACT Page Fifty We have a date proposed for a personnel session for the purpose the various commissions and boards,, I will not be here on the 25th. Perhaps we could do it at the end of the budget session on the 24th. All right,, We will plan that for the 24th of June,, Mayor Nichols: I have a request from the Chamber of Commerce for the appointment of two Councilmen to meet with Chamber representatives to discuss the 1965-66 City and Chamber contracts,, They are very anxious that such a meeting should occur in the very near future,, Mr,, Krieger is our representative to the Chamber, is that correct? Councilman Snyder: No,, I am the new representative,, Mayor Nichols: I would hope that it would be in agreement with all of the Council that our regular Chamber representative would be one of those attending the meeting,, I would like a volunteer to join with Dr,, Snyder and arrange a meeting with the Chamber representatives,, Councilman Heath: Would you have time to do that, Mr,, Mayor? Mayor Nichols: I think so,, If that is what the Council desires, I will do it,, • Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the Mayor and Councilman Snyder be authorized to meet with two representatives of the Chamber of Commerce to discuss the 1965-66 City and Chamber contract,, • 0 C. Co 6/14/65 MAYOR'S REPORTS ® Continued CEREMONY FOR MAYOR YORTY Page Fifty One Mayor Nichols: I have an invitation inviting the Mayor, who cannot attend, to the innaugural ceremony for Mayor Yortyo Is there a Councilman here who would like to attend this as a representative of the City of West Covina? That is June 22 at 11:00 AoMo Councilman Heath: Mayor Nichols. - Councilman Heath: NATIONAL FLAG WEEK I would be glad to attendo Ask Mro Windsor to acknowledge that you will be the Council representative thereo All right. Mayor Nichols: I have a request to proclaim National Flag Week for the Week of June 13 to 19, 1965o If there are no objections, I will so proclaim,, (No objections voiced,) So proclaimed,, COVINA'S ANNEXATIONS Mayor Nichols: It has come to our attention through routine avenues that the City of Covina is presently contemplating four annexations in areas that are adjacent to the City of West Covina: They are in their preliminary stages. I would like to request authorization from the Council to work with the City staff in preparing routine communications to those areas indicating the advantages of possible annexation to the City of West Covinao Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that the Mayor be authorized to work with the staff on this matter. COUNCIL COMMITTEE REPORTS FRONTAGE ROAD AROUND THE CENTER Councilman Jett: This involves a problem that had to be resolved and resolved fast and it was -in reference to the frontage road going around the Center. It was discovered that the alignment of the service road would be so close to the property line that in the event that the property owner decided to build he would be unable to build without giving up additional land and as a result we needed an additional five feet, requested a five-foot sidewalk and cut the frontage road from 39 feet down to 35 feet -which -did give us a five-foot sidewalk. 51- w- Co Co 6/14165 Page Fifty -Two FRONTAGE ROAD AROUND THE CENTER ® Continued I came over to the City and met with a member of the staff, with Mr. Fast, and brought this to his attention and I want to express not only my appreciation but the appreciation of the property owners for the fast action. I would like to say that within 24 hours this was accomplished and it was done through the State and I think it was a nice gesture. This is a letter from the State Department to Mr. Fast regarding his letter to them of May 119 1965 regarding the change -in the frontage road. (Read letter re this matter.) I want the record to show that I appreciate that very much. Mayor Nichols; CHARTER CITY PROBLEM That is very commendable. Councilman Snyder; In case the press is going to print anything regarding the charter city recommendation tonight, I want to add I don't have any illusions about a charter solving any problems. I voted.for the study of the feasibility of the charter. I feel that eventually we will have to come to a charter but there is a time to form one and there is a wrong time and our studies may prove this is the wrong time or the right time. I don't want to give the impression that we are going out after the charter yet. We are only going to study the feasibility. Mayor Nichols; WATER PROBLEM I would like to add my word of agreement to what you said. Councilman Krieger; As the Council knows, the Local Agency Formation Commission has approved the holding of an election in those areas of West Covina not presently annexed and I requested of the attorney for the Upper San Gabriel Municipal Water District a schedule that we could adhere to in holding such an election and I have received from him a multi -page letter directing attention to these questions and I have - a meeting with Mr. Helm, who is the attorney for the District, and Mr. Fawcett,, who is the Manager of the District, tomorrow to get further clarification on certain points he raises. I would like to.briefly extract from his letter dated June loth certain comments which are pertinent to the subject matter. He says the annexation must be completed in all maps and documents relating thereto filed prior to December 15, 1965. The Metropolitan Board on December 14 will meet and that would be the last day they would certify to.the completion of the annexation in accordance with its terms and conditions. We would suggest that election day be set on Tuesday, November 2, 1965. The November 2nd election date would require that the petitions be filed with the District Secretary by August.3, 1965. We have their (proposal as to a time schedule to bring us within the calendar year deadline which means that the three significant dates as far as we are concerned would be August 3, November 2, December 15,, 52_�- • C. C. 6114/65 WATER PROBLEM - Continued Page Fifty Three I commented at the Council meeting last Monday night that I was highly desirous of the Mayor or the Council appointing a citizens' committee to work on this matter. I am gathering material for such a committee in the hopes that it will be formed. As the first task this committee must,produce the signatures of approximately 2,100 registered voters in the City of West Covina not presently annexed calling upon the District to hold such an annexation eleetion. If this committee is promptly formed and I have a form of petition that would be used for this purpose, it means that they would have the balance of the month of June and all of the month of July to circulate such a petition and to secure these signatures, As I indicated last Monday, I would be happy to work with this Committee but not do the work of the committee. Councilman Snyder: Why don't we bring in the names of possible members at the next meeting? Councilman Krieger: Today is June 14th and you are going to lose two of the six weeks you have just getting the names together. It seems to me you are going to be handing this committee,once it is formed,quite a task, • Councilman Snyder: We could authorize the Mayor to form the committee. You can't very well sit here tonight and name them. You don't have their permission. Councilman Krieger: I don't think it requires a convening of the Council in order to get this committee together. I would suggest that the Councilmen submit to the Mayor at the earliest opportunity their recommendations for members of this committee and that as soon as possible when the Mayor is in receipt of such recommendations he could constitute such a committee. Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, that the Councilmen recommend names to the Mayor for this citizens' committee and that at the earliest possible moment when he is in receipt of these recommendations that he set up such a committee. DEMANDS Motion by Councilman Krieger, seconded by Councilman Heath, to approve demands totaling $413,641.04 as listed on demand sheets B198, B1999 C455 through C459. This total includes $1841D570.48 fund transfers and funds including time deposits of $1259000.00. Also, payroll transfer of $899715.29. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None - 53- s� Co C. ' 6114165 Page Fifty -Four • There being no further business, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this meeting be adjourned at 12:50 A.M. ATTEST: • CITY CLERK 0 J APPROVED / "2 MAYOR - 54