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07-12-1965 - Regular Meeting - Minutes40- MIMUTES OF THE REGULAR MEETING OF THE C17Y COUNCIL CITY OF WEST .COVINA, CALIFORNIA DULY 129 1965 The regular meeting of the City Council was called to order by Mayor Nichols at 7:35 P.M. in the West Covina City Hall. Councilman'Reath led the Pledge of Allegiance. The invocation was given by Rev. John Reid of the Community Presbyterian Church. ROLL CALL Present- Mayer Nichols, Councilmen Snyder, Krieger, Heath Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk & Admin. Assistant Mr. Harry Ca Williams, City Attorney, Mr, Herman R. Fast, Public Services Director Mr. Harold Joseph, Planning Director Absent: Councilman Jett APPROVAL OF MINUTES June 14, 1965 Approved as submitted as follows: Motion by Councilman Kreiger, seconded by Councilman Snyder, and carried, that the Minutes of June 14, 1965 be approved as submitted, CITY CLERK'S REPORTS RESOLUTION NO. 3201 Precise Plan No. 452 ADOPTED Mayor Nichols: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A BOND TO GUARANTEE THE COST OF CERTAIN.IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO, 452 IN SAID CITY" 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 Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: Councilman Jett Said resolution was given No, 3201, -I- 0 • 0- C, C, 7/12/65 CITY CLERK'S REPORTS m Continued Page Two RESOLUTION NO, 3202 The City Clerk presented: Olive M. Britt "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN IN AND DIRECTING THE RECORDATION THEREOF" (Olive M. Britt) 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 Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: Councilman Jett Said resolution was given No, 32020 RESOLUTION'NO, 3203 West Covina Professional Center ADOPTED Mayor Nichols: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF"(West Covina Professional Center) Hearing no objections, we will waive further reading of the body of the resolutiono Motion by Councilman Krieger$ seconded by Councilman Heaths that said resolution be adopted, Motion passed on roll call as follows. - .Ayes: Councilmen Snyder.,. Krieger., Heath, Mayor Nichols Noes. None Absent: Councilman Jett Said resolution was given No, 3203, RESOLUTION NO, 3204 The City Clerk presented: Gladys E. & David Ho Robinson "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF"(Gladys E. & David H. Robinson) Mayor Nichols: Hearing no objections, we will waive further reading of the body of the resolution, -2- Co Co 7/12/65 Page Three RES'0'LUTION NO '3204 Continued • Motion by Councilman Heath, seconded by Councilman Krieger, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent.- Councilman Jett Said resolution was given Noo 3204, 'PLANNING COMMISSION TRACT NOo 29930 Walter Laband APPROVED LOCATION: 19339 Cameron between Barranca and Grand, 14,4 Acres ® 21 Lots - RA 409000 (County zoning) Approved by Planning Commission on 7/7/65, City Clerk, Mr, Flottene (Maps were presented and the of approval of the Planning Commission,)ity Clerk read the conditions • Motion by Councilman Snyder, seconded by Councilman Krieger, and carried, that Tract No, 29930 be approved subject to.all the conditions of the Planning Commission, REVIEW PLANNING COMMISSION ACTION OF JULY 79, 1965 'R'ECREATI'O'N '& PARKS ACTION ON JUNE 22ND MEETING So indicated by Mr, Flotten, (No items called up) . City Clerk, Mr, Flottene The Council has copies of the summary of the action of the Recreation and Parks Department on June'22, 1965o This is'for your information, 'WRITTEN 'CO'MMUNI'CATI'ONS .10 LETTER FROM CITRUS VALLEY JEWISH: TEMPLE CENTER REGARDING SIDEWALKS IN FRONT OF PROPERTY (935 N. Sunset) Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this matter be referred to the staff for a report, -3- C. C. ' 7/12/65 'WRITTEN COMMUNICATIONS ® Continued LETTER FROM BISHOP AMAT MEMORIAL HIGH SCHOOL REGARDING LANCERS PROGRAM City Clerk, Mr. Flotten: Mayor Nichols: in publications of this sort? City Manager, Mr. Aiassa: Page Four This is with respect to an ad in the Lancers paper. Mr. Aiassa, has there been any precedent for municipal advertising We haven't done it in the past. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to direct the staff to communicate with the Bishop Amat Memorial High School advising them that the City Council does not feel they can participate in this program because of the precedence but express the Council°s appreciation for their interest. CITY ATTORNEY RESOLUTION NO, 3205 V 560, Wilshire Oil Co. ADOPTED The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A VARIANCE" (V 5609 Wilshire Oil Company) 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 Snyder, Krieger, Mayor Nichols Noes: Councilman,Heath Absent: Councilman Jett Said resolution was given No. 3205,, RESOLUTION NO. 3206 Human Relations Commission ADOPTED • Mayor Nichols: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION N0, 2962 RELATING TO THE HUMAN RELATIONS COMMISSION" Hearing no objections, we will waive further reading of the body of the resolution. -4- C. Co ' 7/12/65 'RESO'LUTION NO. 3206 - 'Continued Page Five Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution:be adopted, Motion passed on roll call as follows:. Ayes: Councilmen Snyder9 Krieger, Heath9 Mayor Nichols Noes: None Absento Councilman Jett Said resolution was given No, 3206, 'SCHEDULED MATTERS 'BIDS PROJECT C-170-1 PALM TREE RELOCATION LOCATION: North Lark Ellen Avenue, from San Bernardino Freeway to Puente Avenue, .Bids received in the office of the City Clerk at 10:00 A.M. on July 7, 1965, The bids received are as follows: EUREKA ENTERPRISES 10% Bid Bond $ 6,032,33 MISSION ­ VALLEY TREE CO., 10% Bid Bond 6 , 9 2 9 ;. 0 0 : !.:.: , • TETLEY NURSERIES 10% bid Bond 8 118,40.:,.:. .. AMERICA$ TREE SERVICE 10% Bid Bond 89979,00 Motion by Councilman Snyder, seconded by Councilman Krieger, 'that the contract for palm tree relocation, Project..,Cm17,0®I be awarded,to..Eureka Enterpri�So on'the.basis'of theirlow bid for an estimated ,contract amount of $.6,032033 and that the unsucce'ssful.bid bonds be..returned,' Motion'passed.on,rollgall as follows° Ayes: Councilmen Snyder,, Krieger, Heaths Mayor Nichols Noes: None . , Absent: Councilman Jett PROJECT SD-6509 LOCATION: STORM DRAIN -.IMPROVEMENT Bids received in the office of the City Clerk at 1965. The'' ds'received are as follows: Service Av.enue,,from Carmencita ' Drrive to California Avenue, 10:00 A.M. on July 70 CITY CONSTRUCTION CO, DAKOVICH 6­PO.LICH BENEpICT 10% 10% Bid. Bid Bond 34 $ RO$ERT E. SCHOLES FALCON CONSTRUCTION CORP, l0% Bid Bond, Bond 35,500,.00 3.6.i;88,8 6.4;0 HARMAN �T, MAY. 6 SONS 10% 10% Bid Bid Bond Bond 379002.50 CHARLES..T;, BROWN CO, REX Wo MURPHY 10% Bid Bond 3:7933,6,.3.0 38,468,50 JAMES `A, :.MORAN CONSTRUCTION . N, 10 10% Bid Bid Bond Bond 40,704,00.,, 429,039, 00 A. ARTUKOVICH CONSTRUCTION Lo H,.WOODS .6rSONS 10$ Bid Bond 46295,;B0 , E, A, WETTZUL`& ASSOCIATES 10% 10% Bid Bid Bond Bond 47�934., 7;5. 540;257,,0I ®5® Co Co 7112/65 Page Six PROJECT SD-6509 (STORM DRAIN IMPROVEMENT) ® Continued . Motion by Councilman Heath, seconded by Councilman Krieger, that the contract for Project SD®6509, storm drain improvements be awarded to the City Construction Company on the basis of their low bid items for a total estimated.amount of $349655000 and that the Mayor and City Clerk be authorized to execute the agreement, Motion passed on roll call as follows: Ayes: Councilmen Noes: None Absent: Councilman HEARhNGS Snyder, Krieger, Heath, Mayor Nichols Jett UNCLASSIFIED USE PERMIT N0, 102 South Covina Water Service APPROVED and PRECISE PLAN NO, 453 South Covina Water Service APPROVED of Precise Plan for construction . Commission Resolution No, 1776, Held over from June 14, 1965, LOCATION: 1216 Walnut Avenue between Merced and Lucille Avenues, Request to permit the use of a water well in Zone R-A denied by Planning Commission Resolution No, 1775; request for approval of the water well denied by Planning Appealed by applicant on May 14th, (Maps and,lpho.tographs were.presented and Mr. Joseph read Planning Commissionr.Resolution No, 1776,) Mayor Nichols: The Council has in their possession a staff memo dated July 9`,, 1965, The City Attorney has informed the Council in his opinion the grounds for denial cited in the Planning Commission Resolution No, 1776 are not Proper, for the public hearing on these matters This is the time and place. 'IN 'FAVOR Mr, Hal Marron When we appeared here the last time 3142 East Virginia we had a noise problem with this West Covina particular engine, As of last. Business Address: Friday we have installed a new 1443-Valinda Avenue muffler and I believe we have Valinda completely solved this problem, The sound experts tell us within 25 feet of the building that the noise emitted is about the amount you would hear out of a sound recording studio. I believe we have pretty well quieted this down, We have planted additional plants and complied with all requirements, We request your approval of our application, C. C. " 7/12165 Page Seven SOUTH COVINA WATER SERVICE APPLICATIONS ®Continued 0 , 'IN 'O`PPOSITION Mr,, Albert Bilderbach I am adjacent to this property to 1222 Walnut the south. They have cut the noise West Covina completely down,, They have done a tremendous job,, There are a few things that should still be done,, They have a gardener now to keep the property up. They have improved the building. I still say it should be covered with stuccos If it is a matter of cost at the present time I think that should be allowed to go over for a period of time,, I think the building within thenext three years should be done in stucco and brought up to the standards of our neighborhood. Mr. Mel Bosserman It definitely has quieted down there. 1228 South Walnut Avenue I would like to bring up the point West Covina that the last time this well was moved was 60 years ago. Basically had I known this when we started I would have been a strict hold -out for a submersible pump unit on that corner. I believe because of the residential nature of our neighborhood we are entitled to a building fairly representative of the adjacent structures. The estimate they had to stucco the outside of this building was around $900,, I would say the building is approximately 20 by 30 with an average height of about 10 feet. That is about 110 or 120 yards and I think their estimate was about double what it could be done for,, The roof there does not • fit the adjacent area but we can live with it. We feel in light of the fact that all the houses immediately adjacent to that are colored stucco that for the relative small investment when spread over the proposed life of that building would.be actually very little.to ask. Many of ..the neighbors in .the area feel we would like to have the building done in stucco,, We do appreciate.the work they have already done.: There being. no further public testimony, the hearin'g' was closed. City Attorney, Mr, Williams-. Unless there are other grounds for denying, a precise plan, the mere fact that it was built before they asked for it wouldn't be grounds to deny the precise plan. I think this is an instance where it would be permissible to require planting because planting in this case of a designated size or thickness would not be for aesthetic purposes so much as it would be for buffering purposes. Councilman Snyder: They have offered planting. Can we require them'to stucco this building? City Attorney, Mr,, Williams-. If you approve the variance and impose that as a condition in the approvalcise plan I think you could Councilman Heath-. The City Clerk has just j pointed out as a condition of the unclassified use permit under 2(b) that the structure and equipment shall be painted and have an exterior improvement similar to the neighboring single family residential property. Planning Director, Mr. Joseph-. These were Planning Department recoen but the Planning Commission denied the applicationsons to the Commission -7- C. C. ' 7/12/65 Page Eight SOUTH COVINA WATER SERVICE APPLICATIONS— Continued Mayor Nichols- In the opinion of the Planning Department,, is the recommendation that stated that the exterior improvements shall be similar to the neighboring surroundings, was this meant to refer to the structural ` appearance of the building itself? Planning Director, Mr. Joseph- It was meant to mean this. Councilman Snyder-' Can you stucco over wood siding? City Manager, Mr. Aiassa-' Yes. Councilman Snyder- Some of these houses have wood siding on the front although the majority of the house it is stucco. On the water well this is not the 9 most attractive siding I have seen. Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, that Unclassified Use Permit No. 1Q2 be approved subject to Conditions.one through eight as eenumerated in the Planning Department's recomsendation to the Planning Commission specifically defining provision in No. 3 referring to exterior similar to,the .neighborood so as to require only the approval of staff with respect to color rather.than.to composition so as:to preserve. the economic integrity of the.neighborhood and with respect to Condition No. 89 landscaping, to • require the approval of the staff as to the type, nature,'snd.size .of the landscaping as to preserve the economic integrity of the neighborhood and to provide additional buffering for the equipment in place on the premises. Motion by,Councilman.Krieger, seconded by Councilman Heath, and carried, that Precise Plan of. Design No. 463 be'approved subject to the ease conditions as previously eanumerated'in the approval of Unclassifted'Use Permit:No. 102. VARIANCE NO,, 556 LOCATION- 2820 East Garvey Farmers Insurance between Barranca and DENIED Citrus Streets. Request to,allow a non -conforming identification sign in Zone C-2 denied by Manning Commission Resolution No. 1786. Called up by Council on June 149 1965;' (Ma were (Maps presented and Mr. Flotten read Planning. Commission Resolution No. 1766.')' Mayor Nichols- This is the time and place for the public hearing. IN 'FAVOR Mr. Jim S®ldsmsa I an a self-employed commission 1321 South Hills Dirve district agent representing West Covina Farmers in Covina: and. West. Covina. It is my responsibility to appoint and train representatives and establish offices in this area. The office at 2820 East Garvey is our present office. I lease the first floor .of this building asa district sales office. Up until a few mopths ®s® Co Co 7/12/65 Page Nine ago our office was the only building in' this genekal"6iei o.. It, - 4A s.. f therefore, Very ea,§ily'lodAted' And identified.* We haVd-n6w' acquired" some neighbors. We have the Caravan Inn to'the *6st-wh6sd large signs almost completely block out our sign from'practicAlly-every *angle.*' On the east of us we have the new Dunn & Edwards Paint Store And theik sign is all the 'way across the front of their building. We have had" numerous people ask us if we were anywhere n6ar'the Dunn-& Ed*ai6ds­Paiht-' Store. We feel we should have some consideration. -We Afe'thd only office building on either side of the freeway in the Eastland Area-betw66h'Citius and Barranca that, does not have a sign on the face of the buildiftg'.­Moiit of the other' t*o_­8 tory buildings have- two signs on the buildihgs- '6nd -at the top And one at the bottom. We feel *6 are'"entitlddto--thii"i§imd'-ddii"'* siderationlas our i neighbors. if I wdre'to move "my'district"-s6l6ii-6ffibi6' from this building, it would mean the first floor would become vacant and practically worthless because I am sure no one would move into the -'buil- ding unless they had an opportunity of identifying themselves. If"You­ gentlemen have had the opportunity of seeing the picture or the drawing of the building which we propose with the sign on it and our present " structure you would certainly agree we are doing nothing but improving the appearance of our building. I hope you will see fit to grant our request. Mr. L. MacAllister I am assistant to the president 4680 Wilshire Blvd. of the Farmers Insurance Group. Los Angeles It was mentioned in the Planning Department r6poft-46"'applidd for- a •variance for our r�ign'drigihgillk.-'Although-thiit'iVakidnce was bagi- cally granted, one df this restrictions was in"the'height of the sign' and I think if you gentlemen look at the 'pictures of this building,, the restriction on the height has tended to hide the sign, particularly from Garvey. As Mr. Haldeman has mentioned, with the new neighbors appearing on either side of us this has caused us -a recent problem we didn't have before. We recently instituted a new type of,claim service to aid the claimants in this area. This service brings claim- ants from the West Covina area and surrounding territories for immedi- ate claim settlement ement at our office and we have had several complaints about them being unable to find.this building.-, "For this reason we feel it is a service to the community to grant this variance. There b6ing no furiher'pub-lic test im6ny,,,, �'the hearing was cf6s:ied_d".`Y"'- Councilman Krieger. The report from the Planning Commission indicates the ap- proval was granted"on the original variance and I am concerned with size -- for 96 square feet and in the next sentence it says the width of the building is 49 feet whidh.would permit 98 square feet of sign face. Planning Director, Mr. Joseph: were permitted'by right in the apply for a variance in order Councilman Krieger: When the original variance came in at that time no perpendicular signs City of.W est Covina. The man had to to create the perpendicular sign. Going to square footage, do I under- stand Dunn & Edwards has a total of 200 square feet.of sign face? 50 C. Co 7l12/65 VARIANCE NO,, 556 m Continued Page Ten is Planning Director, Mr. Joseph: I am not sureo It may be 200 feet on the perpendicular sign in addition to the Allowable signs on the front,, Councilman Krieger: The reason I have pursued that is to try and arrive at some type of equitable figure here and if these figures are correct then the applicant is being dealt with as fairly as the neighbors on either side. The ratio of Dunn 6 Edwards' building is two -to -one on the width and yet they have.a two -to -one on the sign ratio. Councilman Snyder: If you look at the picture, the figures can't be right for Dunn 6 Edwards. They have the perpendicular sign and signs on the building also. Planning Director, Mr. Joseph.- On the, Dunn Edwards report, the staff report recommended. that no more than 200 square feet of sign should be allowed for the use,, The Planning Commission motion contained in their meeting of February 19, 1964 accepted this condition. The Planning Commission Resolution No. 1542 stated that no more than 200 square feet of sign would be allowed for that use. Councilman Snyder.- It appears from this picture that • they have exceeded that. Councilman Kriegero That is a matter of enforcement. I would be concerned with some amount of uniformity though and it strikes me that if we begin a sign race we are going to have the Caravan Inn and Dunn 6 Edwards in next saying they are blocked out or their signs can't be seen and they are going to ask to be oriented in terms of Farmers Insurance. I would look strictly to the figures which seem to indicate that this applicant is being treated not unfairly and has at least the same ratio as the neighbor to the east and twice as much on a ratio basis as'the neighbor to the west. Councilman Snyder: At least he has as much as the neighbor to the east was granted. I don't see how you can add anything to your sign. I think you will oversign it by adding to it,, On the basis of what was granted officially at Dunn Edwards, I don't see how we can grant this request. Councilman Heath: I don't see that the Farmers Insurance is competing with the Caravan Inn; I feel they are competing with the paint store. The paint store is permitted to.have a sign on the front of the building and one above the building. I think Farmers Insurance should be granted the same consideration, a sign across the front of their building similar in size and ratio to the one on the paint store. It certainly wouldn't .do any harm and I think it would be a tremendous asset to the building. , I think 98 square feet is an arbitrary number. Councilman Snyder: It is not arbitrary; it is two times the frontage. _10® C. C. 7/12/65 VARIANCE NO. 556 - Continued Page Eleven Motion by Councilman Krieger, seconded by Councilman Snyder, that Variance Nda 556 be disapproved on the basis that the grounds for a variance have not been shown. (Councilmen Snyder and Krieger voted "Aye"- Councilman Heath and Mayor Nichols voted "No".) City Attorney, Mr. Williams. Actually, all it amounts to is an instruction to draw a resolution denying it. The final vote will be on the resolution. A resolution will,carry by a two -to -one vote. A tie vote will not carry. You have no decision at all. It still stands open. The hearing is closed but the matter is pending. Mr. Jett, if he reads the transcript, can vote on it when he returns. This is automatically held since it is undisposed Of-2 it is still pending before you for decision. Motion by Councilman Snyder, seconded by Councilman Krieger, and carried, that Variance No. 556 be held over to the next regularly scheduled meeting. Councilman Snyder. I would request the staff to investigate the actual size of the Dunn Edwards sign. I am referring to this for enforcement. Councilman Heath- I would like to note that I have read the report by the Planning •staff and the Planning Department concerning the accusations made against the City staff in a letter from Farmers Insurance Company. After reading this I feel I have seen the other side of the story and I feel.that the City staff acted with good"thought and I.am glad to see this report come to clear the air. Councilman Snyder- I think there was just a mis- understanding there. PORTION OF ZONE CHANGE N0,, 345 LOCATIONS. 555 East Vine between J. S. Warshauer Glendora Avenue and APPROVED (R-P) Russelee. (Parcel B) .and PORTION OF ZONE CHANGE NO. 345 950 South Glendora Ardin Hotchkiss between Vine and APPROVED (R-P) Barbara. (Parcel A) PARCEL Bo Request to reclassify from Zone R-A to Zone C-1 approved for R-P zoning by Planning Commission Resolution No,, 1795', PARCEL A- Request to reclassify from Zone R-A to Zone .C-1 denied by Planning Commission Resolution No. 1795. Appealed by applicant on June 17, 19650 _, •(Maps were presented and Mr. Flotten read Planning Commission Resolution No. 1795.) City Clerk, Mr. Flotten- Notice of this public hearing Tribune on July 1, 1965, appeared in the West Covina and.27 notices were mailed to property owners in. the area on June 30, 1965. -lI C. C. ' 7112/76 Page Twelve ZONE CHANGE NO. 345 (BOTH PORTIONS) Continued Mayor Nichols.- Applicant J. S.. Warshauer, 555 East Vine, is a member of the Board of Education of the West Covina Unified School District, I would like it noted that Mayor Russ Nichols is a certificated employee of the West Covina Unified School District and that Mayor Russ Nichols deems it proper and fitting that he should abstain from discussion relative to.the application for change of zone at 555 East Vine and refrain from voting, This would not be applicable to the request for zoning change as pertinent to 950 South Glendora Avenue. This is the time and place for the public hearing on both of these matters. IN 'FAVOR Mr. Ardin Hotchkiss I believe that the information 702 South Azusa Avenue as given in the Planning.Commission .West Covina resolution, I misjudged on the time of their meeting. I was late arriving. The first thing on the agenda for that evening was dispatched with very little trouble and my application was jumped in ahead of when I thought it would be and the door,, y closed it as I came in the •This piece of.property I thought at one time had been part of the Cm1 zone and I think it was the intention of the original request that it be part. Probably going back to the time that the property was zoned the reason it wasn't was because the property facing .Vine Avenue was my parents' residence. This property in question is landlocked and has no access and it is reasonable to assume that it is part of the property to the west toward Glendora. As a matter of facts that is one lot. I think the provisions provided in the development of that property indicate that it would be properly screened with fences, et cetera, as required by the C®1 Ordinance. On that particular piece of property,,if it would be approved as to R-P. could that be used for parking for the C®1 zone in.front? If it can't be then I will have to go to the C®1 because it is contiguous and forms a part of it and has no good except as part of the business property .facing on Glendora, Mr. James Warshauer I have not too much to add to what 555 East Vine was in the Planning Commission's' West..Covina report other than the fact that this piece that I own will end .up being surrounded on two sides at least by something other than R-l. There is no other residence that fronts on Vine Street for at least two blocks. Everything to the west is commercial. What stimulated me to first start thinking about this was the fact that.Mr. Hotchkiss had the property behind me and the advent of a two-story office.building next to me, I would be satisfied with the R-P. I don't intend to do anything with it right away but I need to have the ability to do something at some time other thanan R-A .use, I would not object to Mr, Hotchkiss being granted C®1 behind -me. If he were granted Cm1 I would not come back in here asking for C®l. -12- • • • C, Co 7112165 .Page Thirteen 'ZONE'CHANGE NO, 345 (BOTH 'PORTIONS) Continued 'IN '(TPPO'SITION Mr, W. A. Loben This is the property adjacent to 604 East Barbara the Parcel B on the north, I West Covina feel that the Planning Commission made a wise recommendation that this should not be given a zone change until such. time as a specific plan had been applied for by the applicant for the particular Parcel B. I think I would object to having it zoned just to.be zoned without any specific plan. I think I am entitled to know what will be put there, On this basis I think it should be sent back to the Planning Commission before a specific plan has been presented, 'REBUTTAL Mr, Ardin Hotchkiss: Mr, Loben, I. think, is referring to my property, and that is Parcel A. not Parcel B. As far as the C-1 zone is concerned, I think provisions would be that a block wall fence would be put up there. As far.as any precise plan is concerned', that would hinge on what pro- visions I might be allowed to use this piece.of property for. I am sure the Planning Commission and the City Council won't let me do anything there without putting up the proper buffer. There being no further public testimony, the hearing was closed, Councilman Krieger: These applications for zone changes should'be taken on their merits and not with respect to zoning by precise plan. Either the property warrants a zone change or it doesn't: .Subsequently, we will have the opportunity to review any precise plans that may be imposed by the appli- cant upon the area, I am struck in this regard with a sympathy for. the Planning` Commission's position on'Parcel B by reason of the characteristics,.of the property but I find it hard to follow their reasoning. in Parcel A because the very same characteristics are true for A as are true for B, I'don't know what this man would possibly do with Parcel A left in its present.zoning as R-A, On the other hand, with deference to the people to the east, which is.R-1,..I don't think it is a fair imposition upon them to go from anR-A to a C-1 because they did not, unlike.Mr,.Warshauer, purchase their property with the fore- warning knowledge that the property immediately contiguous to them was. C-1, I would be prone to conclude that the characteristics attached to Parcels A and B are the same and that the reasonable transition between the commercial to the west and the single family to the east would be' an R-P imposition upon both parcels, Councilman Snyder: City Attorney, Mr, Williams.. - Councilman Snyder. - They are going to have, to go across.C-1 to get to the R-P, You can use it for parking for the commercial, Mr, Hotchkiss, did you say that they are parking on that now? -13- C, Co ' 7112165 Page Fourteen ZONE CHANGE N0, 345 (BOTH PORTIONS) Continued Mr, Ardin Hotchkiss. No, Some of the plans submitted but were not followed through indicated that as part of the parking for the other pieces of business property fronting on Glendora Avenue,, Councilman Snyder: It is conceivable that A and B might be combined some day, I agree pretty much with Councilman Krieger that RmP would be a good solution to both of these parcels, Motion by Councilman Kriegere seconded by Councilman Snyder, and carried, that Zone Change No, 345, Parcel B, be reclassified from Zone R®A to Zone R-P, (Mayor Nichols abstained;) Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, that Zone Change No, 3459 Parcel A. be reclassified from Zone R-A to Zone R-P, ZONE CHANGE NO, 344 LOCATION: 431 East Merced between City Initiated Glendora and Walnut, APPROVED (R-P) Request to reclassify from Zone •R®A to the most appropriate zoning for land denied by Planning Commission Resolution No, 1793, Called up by Council on June 14, 1965, City Clerk, Mr, Flotten: The notice of this public hearing appeared in the West Covina Tribune on July 1, 19651 and 35 notices were mailed to property owners in the. area, (Maps were presented and Mr, Flotten read Planning Commission Resolution No, 1793,) Mayor Nichols: This is the time and place for the public hearing, There being no public testimony, the, hearing was closed, Councilman Krieger.* This is City owned and City initiated and the Planning Commission says keep it to.R®A, The request was to zone it to the most appropriate zone, Isn°t.it prudent.to rezone it to R-I? Planning Director, Mr, Joseph: This came up at the Planning Commission, I believe it was the opinion of the Planning Commission rather than touch the zoning on it at all at this time they wanted to keep it as single family and the zoning was R-A and they found no objection to the R-A and because the. •rest of the property on the street is R-A, they decided to'leave it as R®A. R-A and R®1 both permit single family use, Councilman Heath. I think eventually it is going to have to be rezoned R®1 and they should have at least done that while they had the chance, I think this is a City owned piece of property -and the City.is.entitled to receive from. it the benefits of .the sale with the property zoned to the highest and -best use, In my estimation I feel if this was zoned.similar to the property to the north and west,.that it would form'a more uniform piece -14® CO Co 7/12/65 ZORIE CHANGE NO. 344 m Continued FaFe Fifteen Of property that can be easily developed. It will draw one straight line where the RmP will stop and where the residential. will begin. It will not be a broken piece of property and as a result it should be worth more and consequently the City will benefit more. This is on the curve of a City street. If it is left as a separate parcel as R-A you have access out of that parcel onto this bend. If it is made a Part or combined with the parcel to the north and the west there.is the possibility that an overall plan can be made whereby entrances would come out onto the street other than at the curve. I think this property .can be justified as being rezoned to R-P. Councilman Snyder,. I didn't vote for the R®P to the north but looking at.this map and going over and looking at the property, it seems a little difficult or bone®headed not to at least consider this as R-P. It certainly makes the property.to the west more usable and the whole lot more attractive and desirable from a R®P dsage if it all comes under one ownership. I did not vote for R-P.to the north. However, I feel, as Mr, Heath has pointed. out,, that straightening out this line will make the whole parcel more desirable and I would not object to R-P on this property. It seems to me it will be hard to sell as aA R-ml lot. I can't imagine anyone wanting to live there asap Rml lot intruding on a curve and into the R-P development as it is. Councilman Krieger,. It certainly lends itself as far as line straightening is concerned. I wonder if we end up playing Chinese checkers before we get done with some of these things. We straighten a line and then we break the line and then we have to straighten the line again. The first thing we.know we.are slowly advancing. I would be in favor of taking this out of the R-A and establishing a zone on it. I am not drastically adverse tooth RmP on it except from one standpoint and that is I hope if we give serious consideration to this we are not establishing a double standard and that is one standard for the City and ..a..second standard for a private applicant. Councilman Snyder,. I knew somebody would bring this up about straightening a line and.unstraightening. 'This is not likely to happen. It happened here because of a combination of circumstances. The property to the east is developed. I don't think there is as,much.argument for breaking this straight line as there was for the one previously. Secondly, I think even though it is City owned we shouldn't bend over backwards not to do the right thing for the property as property without regards to who owns it. Mayor Nichols- Although it would look nicer.. on a map to see a nice straight .line running along,.,we have a very high obligation to the residential neighborhood to the east. It is this City that has taken this land, •condemned the property for street purposes, Ittwas R®1 property when it was taken by the.City. If this Council rezones that property to R-P then it is this Council who is providing the residential area directly to the -east with RmP zoning up against'it. Those people have no choice in this matter at all. I think*when an official body condemns or takes land for public uses itshould`bend over'b'ackwards to insure that residential land that it is protected::.ni,every-way. Possible. Although I admit the picture of.the parcels as presented provide symmetry in Residential®Profes'sional.unanimity, I, myself, would not approve the Council initiating this zoning. ®I5m Co Co ' 7112/65 'ZONE'CHANGE NO, 344 m Continued Page Sixteen • Councilman Heath: I would like to remind the members of the Council that if you leave, this property a separate zoning as it is now that you must have access onto Merced and access would be right on a bend which is a very dangerous. conditiono If this property is changed to R-P by precise plan you can regulate that the access onto Merced would be at a point other than the bend. You are creating a tremendous safety hazard here by calling for an access right on the bend: .Councilman Snyder: You can only regulate that if the property developed as part of the other. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Zone Change No,, 344 be rezoned from R-aA to Zone R-P. (Mayor Nichols voted "No",,) AMENDMENT NO. 69 Consider amending sections of the City Initiated Municipal Code relating,to yard APPROVED (IN PART) requirement, off-street parking HELD OVER (IN PART) spaces and off-street parking improvement requirements, and • paring of heavy commercial equipment in residential zones,, Approval recommended by Planning Commission Resolution No. 1785, Held over on June 14th and referred back to the Planning Commission for clarification. Hearing closed on June 28th and held over to this date to be brought up with Amendment No, 65, Mayor Nichols: There has been a question from the Council as to the reason of the appearance of Amendment No, 69, City Initiated, on the agenda tonighto One of the Councilmen was under the impression that the Council had asked that this come back to the Council at a study session, Planning Director, Mr, Joseph: to tonight to allow them to review with.Amendment No, 65 and that is highlight Amendment No 65 as well We have it in the Minutes that the City Council held this over Amendment No,, 69 in conjunction why the staff wrote the report to as Amendment No, 69 for you tonighto Councilman Krieger: Weren't we going to review that at a study session? Planning Director, Mr, Joseph: I can't answer that except that you did hold it over until tonighto It was asked that this'be placed on the.agenda for July'I2, I realize that the major question in the minds of the City Council has to do with the rear yards,, There are other areas in Amendment No, 69 that can be lifted out and acted upon independently,, The Planning staff feels strongly about the question of your off-street parking improvements. Develop- ments, are going on all the time in the communityo The Planning Commission was very concerned about the vehicle parking,, If you are going to hold this over I would hope that perhaps the Council could act on at least part of thiso -16- Co C. 7112/65 AMENDMENT NO. 69 Continued 0 Councilman Heath: Planning Director, Mr, Joseph: Page Seventeen Can we conveniently hold over the rear yard portion of this and pass everything else? The recommendation came to you in parts The answer to your question is "Yes", City Attorney, Mr, Williams: The reason for considering No, 69 in connection with No,, 65 is that you might conclude that in order to keep a certain distance from the space in back of the building even though it is bigger than a required rear yard, you can do it by a provision in No, 65 which permits buildings to be erected in the rear yard that were not previously permitted there, In effect, you don't have any rear yard any more,, Councilman Krieger-. Wasn't your recommendation originally in that regard, that it be with exception that it may not be closer than five feet to the side property line except for a garage? City Attorney, Mr, Williams: Yes, because you already have it may not be closer than five Qu feet of the rear line and you can say or five feet of the side line, except.a garage". If you do this thing now with the side yard you • have to make the jog to get to a garage or affirmatively permit a garage to go against the line, Councilman Snyder-. It seems to me you would also have to say "garage or similar structure without windows on that side",. City Attorney, Mr, Williams: I went over No, 65 and I thought there was a sound reason for it. Having drawn it together, the more I look at it the more I feel that what.you have done is eliminate all except a five-foot rear yard that you can build a major building up to five feet of your property line except as 25 feet which is the case in cities with less desirable residential than this is, Councilman Snyder: Councilman.Heath-. evidently the City staff feels of this and. hold the rear yard this time have a study session? • Councilman Krieger: I think you should allow garages without windows up to the property line, I suggest before we hold this off for a month,and a half, they need this passed. Can we pass part question for two weeks and during. We can just hold "A" over for two weeks, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that Amendment No, 69 be approved with the exception of .Section A, the proposed changes in yard requirements, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Part A of Amendment.No, 69 be held over to the next regular meeting of the City Council with'a scheduled study session between with respect to this item, -17- L' • • C. C. " 7I12/65 GENERAL MATTERS 'ORAL COM UNICATIONS HOME SAVINGS MATTER Page Eighteen Councilman Heath: We have a letter before us tonight of someone wishing to speak. I believe if there is going to be oral comment on something on our agenda it should be discussed under Oral Communications rather than under the City Attorneys part of the agenda: Mayor Nichols: Yes, This item should come under Oral Communications, City Attorney, Mr, Williams: You can't hear Oral Communica- tions if they pertain to a matter you have heard and the hearing has been closed before you render your decision,, The hearing was closed. There is no notice to other people to'hear this. If you hear evidence now, it is improper, If this is some general discussion of another subject, that is fine, but you canpt hear testimony, evidence concerning a matter on which the hearing has been closed unless you gave notice at the time that the hearing was set and that there would be a continuance so anybody who wanted to come and counter what this gentleman says could do so, Otherwise, you hear him without opportunity of anyone else in the City or out who might want to hear it and counter the testimony, It is against the law to hear further testimony when you sit as a judicial body after you have closed the judicial proceeding, Mayor Nichols. This body is obligated in our minds to follow the advice of our City Attorney who advises us we cannot hear testimony pertinent to the proposed resolution approving Unclassified Use Permit No, 71, Revision 1, If your communication is about something else, Oral Communications may be in order, Mr, P. M, Sanford: Council, it is dump operator was granted a procedure, my understanding in this particular continuance which In reference to the variance being considered tonight by the that the Home Savings and Loan.and the issue did ask for a continuance and is against the Council°s normal Mayor Nichols: This is not correct. This matter was held in a hearing situation, The Council at that time voted not to continue the matter but to instruct the City Attorney to draw up a use permit, It was not a variance hearing. It was a hearing on an unclassified use permit, Councilman Snyder: Prior to that but that is a thing to do, it was continued perfectly legal City Attorney, Mr, Williams: They are entitled to be heard and they ar..e,,entitled to notice if they are 300 feet within the area, whether they are in or out of the City, and they would be entitled to be heard when the hearing was open the same as any.person in the City was entitled to be heard, But, neither a person residing in or out of the City can be heard on a matter that has been closed, You can re -open the'hearing if you want. If you ERM 0 C. C. 7/12/65 Page Nineteen ORAL COMMUNICATIONS (HOME SAVINGS MATTER) ® Continued doe you have to have a public notice of the hearing because everybody. interested.is entitled to be heard again if you are going to hear testimony. Mr,, Po M..Sanford.- City Attorneys Mro Williams. - Mr. Ps M. Sanford. - I believe I am within this boundary Planning,Director, Mro Joseph. - all Home Savings and Loan property, City Attorney, Mr, Williams. - Planning Director, Mr,, Joseph: City Attorney, Mr, Williams: If I am within the 300mf6ot radius of the boundaries -- Not of the City boundary; of the boundaries of the property effected by the changed The first notification we received of this was in the paper. but I am not positive, The 300 feet surrounding the legally described parcel was Nobody lives thereo You give notice whether it is in or out of the City? Yes. That is propero Mrd Pd M. Sanford: The testimony given by the lawyer representing Home Savings and Loan, was that..given under oath? Mayor Nichols: To the best of my recollection and knowledge it waso It was during the hearing procedure. Mr. Pd Md Sanford: I contend either he neglected to inform the Council of differences between the original testimony tendered by the original lawyer and the information given to the City Council on which it was based, we would assume, this variance and it was_ not brought to our attention until we were able to get the,Minutes of that meeting. We have no recourses Mayor Nichols: At this time relative to this matter we.cannot accept testimony on this matter.. There is more to come yet, I assure you, Mr,, Laurence Pennington: It was brought out that the original application was made by. persons other than myself for Home Savings and Loan and I do not know what that testimony is. The testimony that I gave at this hearing and the last hearing was, to the best of my knowledge, true and factual at the time I gave it and I do not know how it possibly might relate to the.testimony previously given by another attorney,, Councilman Snyder: Mr. City Attorney, going over these conditions on the sanitary land fill I'notice some other ones that might be improved.. Is it too late to make suggestions for improvement of some of the other conditions or can we only talk in relation to the' two they appealed or which they came before us on, Condition 13 and Condition 33? ®19- C. C. •.7II2165 Page Twenty 'ORAL COMMUNICATIONS (HOME SAVINGS MATTER) Continued City Attorney,.Mro Williams*. The procedure before you now is limited'to Condition 13 and Condition.33, You could initiate proceedings'to amend other conditions but you could not consider them in this proceeding, Councilman Snyder° It seems to me in going through these "conditions in the light of a few years' experience there are some things that possibly could be improved. We gauge entirely the completion of the dump by the amount of cubic yards or number of years, It seems to me.this defeats our. purpose, We are interested in the final topographic level of the dump, more than how many cubic yards go in. Supposedly this.can be computed, and it would come out the same but these are hills, et cetera, and they may put in more dirt at one time than they intended to. It.says shall be deemed completed either when eight and a half million cubic yards have been deposited or the topographic level of the precise plan has been reached," It seems we should protect ourselves on the. final level of'this if we want to have a usable area out of this in the end. That is Condition No, 2, Under Condition No, 3 regarding the plans, it seems to me we should ad "as well as the topographic levels at intervals during the filling operation" and it should be provided by the operator, This would give us a measure of how the work is going plus make them follow more of a design so we -can end up with something useful., covered under. No, 20, Condition No, 13 is actually City Attorney, Mr, Williams: No, 13 relates to fees they charge the customer,.not the fee we charge them° Councilman Snyder.- Under No, 249Dump Site D has one and 'a half million cubic yards and I;would like "or filled to the''level indicated in the topographic precise plan", Under No, 2510 "This precise plan should..indicate topographically interval steps and final topography," One other one about which I have some concern, it says the "final fill""the dirt fill on this: shill be two feet.of.dirt. This doesn't seem adequate over rubbish,. Perhaps you might fifty years from now build.on there and you want to run,a sewer Line across there or a storm drain and you.are going to be digging in this. I think to protect the final topography of this. there should be more than two feet of dirt fill, Do you want a park over rubbish? Councilman Heath: I think this means to be two feet between the layers of the rubbish and on the top as many feat as you want' There is no reason why after the site"has been brought to its elevation you couldn®t put ten,.twelve,.fifteen feet of dirt.on the top, -20® C,, Co ' 7112165 Page Twenty -One ORAL COMMUNICATIONS (HOME SAVINGS MATTER) Continued Councilman Snyder: That is true -but we want that to be their responsibility,, City Manager, Mr,, Aiassa: I think a land filled area is going to be'limite'd to use, It will be a wilderness park. Councilman Snyder: But let's not limit it.by two feet,, Can I make a motion to initiate a hearing to consider changing these other provisions? City Attorney, Mr,, Williams: You can unless there has been such a commencement and acceptance of this use that the rights have vested. Once they have vested you can't change the rules on them,, Councilman Snyder: They haven't proceeded yet,, Move that the City initiate a hearing on Conditions Nos, 29 3, 169 24 and 25 in Exhibit B attached to Resolution No,, 2570 and other items related to these in Unclassified Use Permit No,, 71,, City Attorney, Mr, Williams: Condition No,, 3 says they shall • file a topographic map, Condition No, 3 probably takes care of Condition No, 2,, Councilman Snyder: Y That may be taken care of but I am'not convinced, I am concerned about this two feet of cover over the final rubbish, Mayor Nichols: The motion dies for lack of a second, Councilman Heath: Mr, Williams brought up a point that if we change conditions after the work is started that we might not be on good grounds,, I assume from what has appeared before us that Home Savings had made a contractural arrangement with a group to operate this land refill site under the conditions outlined in the resolution. The fact that.the contract between Home Savings and that body has been negotiated based on these conditions, if we start to change these conditions are we getting in a poor standing, due to the fact that the contract between the two parties was negotiated on these specific conditions? City Attorney., Mr,, Williams: Nearly all cases it has been held that a zone change and we will just consider this to be the equivilent of a zone change, can be effective until some physical work is commenced on the property, There have been a few cases where there have been such a change of position that it would be a complete injustice to make the new zoning rules apply but the general proposition is, and in more than nine out of ten cases, unless there has been a building permit issued and construction begun, the new zoning attaches. Applying that by analogy to a land fill, I don't know exactly at what stage this would be,, Normally the fact you have provided an architect or spent some.money vesting the use that you intend is not enough, -21- C. Co 7/12/6.5 'ORAL COMMUNICATIONS (HOME SAVINGS MATTER) —Continued Page Twenty -Two • Councilman Snyder: Regarding the two feet of cover, it seems to me this is.probably not going to be exactly levels If they get substance in one area they could possibly get washing away of this two feet of cover and expose again the rubbish. We can still change that. The applicants have a right to a hearing on their side of the case but it seems to me that looking twelve years ahead we are making a mistake if we don't re- consider at least that two feet of cover. Mr. Po M. Sanford: The Council has the right to re- open this hearing. I ask that because of the controversial nature of this entire situation that before the Council votes on this pending resolution that they consider reopening the hearing. City Attorney, Mr. Williams: I think it would be proper to ask the gentleman what subject he.wants to reopen. Is it the road? Is it the scales? Both? In. other words, if you are considering a motion to re -open you,would want to know on what subject. Councilman Snyder:. Mr. Sanford, did you feel you had new evidence that wasn't presented in the original•hearing? Mr. P. M. Sanford: It is not new evidence as pertaining to the material presented in 1963. It is further evidence and retort to the evidence presented by Mr. Pennington. There were certain facts stated before the.Council upon which we feel the Council may have made their decisions but there are extenuating circumstances beyond those facts. 'CI•TY ATTORNEY RESOLUTION NO. 3207 Home Savings & Loan Association ADOPTED City Attorney, Mr.`Williams: The City Attorney. presented:. "A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION N0, 2570 GRANTING UNCLASSIFIED USE PERMIT N0. 71" (Home Savings & Loan Association) (Read said resolution in full.) Motion by Councilman Snyder, seconded by Councilman Heath, that said resolution be adopted. Councilman Krieger: On the grounds previously stated I am abstaining from the voting on this resolution on the basis that we are sitting on a quasizT.10licial board. I am opposed to this; I am prejudiced against it andI am•abstaining from voting on it. -22- C, C, 7/12/65 'RESOLUTION NO, 3207 ® Continued Page Twenty -Three • Action on Councilman.Snyder's motion-. Motion passed on roll.call as follows° Ayes: Councilmen Snyder, Heath Noes: Mayor Nichols Absent: Councilman Jett Abstained: Councilman Krieger City Attorney, Mr; Williams: A two -to -one vote carries a resolution, A resolution can be passed by the majority of a quorum, Three people can be here; two - to -one carries a resolution, An or dinace-must have three affirmative votes by State law, Mayor Nicholls: It seems incredible to me that our laws relative to the action of a body of this nature are such that a type of action which, in effect, has the same weight as an ordinance can be enacted by a minority of an elected body, City Attorney, Mr, Williams: This exact situation is determined by the Appellate Courts.of this State, It didn't involve the subject matter of a •dump it involved the appointment of a fifth member of the City Council, there being a vacancy, There was.one abstention; there were two affirmative votes to appoint the person; and one man opposed. This matter went before the District Court or the Supreme Court and it is expressly held that this carries where a resolution is all that is required, Mayor Nichols: My only comment is I am very disappointed in the Council's action because I think it breaks faith that this Council took three years ago and I am going to use every effort that would be available when another Councilman is present in the hopes of perhaps the sentiment of -the Council might change shortly, City Attorney, Mr, Williams: I think you are still. in a position where you can amend more of these conditions, You would have to have a hearing, This disposes of.this matter, Councilman Snyder: How do you feel faith was broken? Mayor Nichols: I don't have any obligation in this matter because I was not on the Council at that time but the Council had hearings several years ago; there was great opposition to this type of development in this City, In response to the citizenry that came before the Council the •Council stated that access would not be allowed from the very direction now that access is being granted. A.condition was put in to appease people who objected to this development and some two years later the condition then is struck out. I am fully cognizant of the difficulties of maintaining the southerly access route through the residential areas, I am saying that the changing of these conditions, in effect, I think does break faith with those who accepted.t,he Council's decision based on the incorporation`of those revisions, -23- C. C 7/12/65 Page Twenty -Four RESOLUTION NO, 3207. - Continued Councilman Snyder: One has to make his decision on' the basis of the facts as he sees them. My decisions are made on those facts only and not with regard to.political climates at one time or another, The facts as I see.them are that that request was unreasonable. I think most of the people objecting have no influence politically; they don't vote in the City of West Covina. I think it is a matter of faith. Said resolution was give No,, 3207, ORDINANCE INTRODUCTION Transient Occupancy The.City.Attorney presented.° "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING .THE WEST COVINA MUNICIPAL CODE BY ADDING T0. ARTICLE 6 THEREOF A NEW CHAPTER TO BE DESIGNATED CHAPTER 4 RELATING TO A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY" City Attorney, Mr. Williams: This your •the preparation of what is generably called I have it ready for introduction. This is uniform ordinance. This tax is collected just passed the quarter beginning July lst, effective October 1st, Councilman Kriegerg was requested of me since last meeting, That is the room tax ordinance. the League of Californiaes, quarterly. Since we have I have made this "Transient" is defined how? City Attorney, Mr. Williams: Any person who exercises occupancy or is entitled by occupancy by reason of concession, permit, et cetera, for a period of thirty days or less, Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty days has expired. (Read said section of the proposed ordinance,) Councilman Krieger: Is the rate 4%? City Attorney, Mr, Williams.: Yes. Councilman Heath What is the theory behind making this applicable to thirty days or less? If it is a motel and if people�az+e living in a motel for a length.of time aren't they obligated to the same taxes as someone just going through the City? Shouldn't they be obligated to a tax in a motel even though they stay more than 30'days just as much as a person who stays less than 30 days? • City Attorney,Mr. Williams: Shouldn't might involve a matter of opinion but all I can answer in respect to that is this: That the enactments passed by the State Legislature for general law cities and the tax imposed by Los Angeles and San Francisco and.the other charter""'cities that lead to this, enactment act for.general Taw cities as a tax on transients, not a tax on hotels or'motels.. It is a tax on the individual and the operator is merely a collector so there is. no difference going to your or if a person permanently lives in West Covina in a motel, there is no difference between that person than a permanent -24- C.C. 7/12/.65 Page Twenty -Five 'ORDINANCE INTRODUCTION Continued Transient Tax - Continue •resident of a single family dwelling or an apartment. It is a tax on the transient and it is entitled "transient tax". Councilman Snyd.er:. Aren't there State regulations on hotels and motels requiring posting of the room fees and requiring registration of each person so staying? Does the State enforce that? City Attorney, Mr, Williams, I am not certain whether that is. a State law or a local law in the cities.like Los Angeles and San Francisco.. I don°t know. Councilman Snyder: If it is not a state law and a local law we don't have such a law, do we? City Attorney, Mr.. Williams: I think it is a State law. Councilman Snyder: I bring this up because it seems to me the State probably inspects their books and they hav+ to have books available. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance. • Motion by Councilman Hea-4h9 seconded by Councilman Krieger, and carried.,.that said ordinance be introduced.. 'CITY,. MANAGER REPORTS COMMUNITY. RESOURCE STUDY DATA - BANK City Manager., Mr,. Aiassa: I have given, the Council a confidential copy of the financing problem confronting the�Council and the staff. I also' have a revised budget for you. In reviewing the budget we have listed additional funding required. (Gave brief summary of report.) Councilman Heath: Was there an item in the budget for this.tentative raise? .City Manager, Mr..Aiassae Yes.. Councilman Krieger: This is also based on the report of -Mr. Watson today? City Manager, Mr. Aiassa, Yes, I think if the Council wants you'can proceed on this basis. There is one stipulation that,I woul-d like`to point out. If the'economic survey is..proposed and I am;directed to proceed with it there are some provisions I would',like to stipulate.. One; is that we set the payments, the dates and fihe.amounts, On the :final contract I think the Council should have .some,:say.as to the various stages to be: -done, the amount to be. paid, and.,what the Councii wants in return before payments.are actually authorized; I would also like the Council to accept the budget Jor 1965-66 a's submitted; -25- • C. Co 7/12/65 COMMUNITY RESOURCE STUDY (DATA BANK) Continued Page Twenty -Six Motion by Councilman Snyder, seconded by Councilman Heath, to accept the budget for 1965-66 as submitted. Mayor Nichols: I would like to clarify a ne"wvspaper . clippin g that a ppeared_in the-Satur® day July 10th-Daily'Tribune quoting a Counbil'directive relative td the 1965-66 budget. I have no knowledge of such a Council directive and I wonder how this release.found its way into print. Councilman Snyder: Councilman Krieger: Mayor Nichols, Councilman Snyder: It is -not a directive. It is just a conversation. I think that came out of the budget. The report is not the Council.'s language; it is thy: language of somebody on the staffs This article anticipates the Council's action, in effect. In our budget. sessions we', in effect, did indicate to use such'a-guideline although it was not official, Mayor Nichols: The reason I am'little bit con- cerned is that the information • in the budget conveys that the Council has taken�a specific position relative to the tax rate which the Council has not taken and may not be able to take. A clear example of this would be the State Retire- ment Program which is being propbs Ied which is net in the budget. Thare- fore, projecting this ambunt'of the budget as freezing a property tax rate at its existing level can be somewhat misleading. Action on Councilman Snyder's motion: Motion carried, Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that the City Manager and staff be instructed to negotiate a contract with the Chamber of Commerce for an economic survey as proposed up to. the amount of $25,000.00o CHARTER CITY PROS & CONS City Manger, Mr, Aiassa: The Council requested the charter city proposal report. We have one report prepared.by the League of California Cities and we have a special report prepared by the City Attorney, Harry Williams, where he outlined the highlites of Newport Beach charter which he outlined the general ad- vantages, but didn't point out the disadvantages, •Motion by Councilman Krieger, seconded by Councilman Heath, that the re- port of the City Attorney with respect to that matter and the letter per- taining thereto be received, filed, and held for the first convenient study session with the Council. Councilman Snyder': It is important in going for a charter city that you have a purpose for being a charter city. It is a poor time to go for a charter when the City is split politically. These are just comments to add to the thinking on this, 540 L� Co C 7/12/65 CHARTER CITY PROS & CONS m Continued Page Twenty -Seven Action on Councilman Krieger's motion: Motion carried, Councilman Heath: I would think as..a pers®na1 opinidn that that is the time"when you -should go for a charter than any other'timeo I feel the City is getting to the size now where it should go to a charter. City Attorney, Mr. Williams: I didn't bring up disadvantages . but the Leagues' document is both'. - pro and con. I hav6 written letters on the disadvantages. PERSONNEL BOARD RECOMMENDATION Salary Survey City Managers Mr. Aiassa: I believe the Council received the recommendation from the'Personnel Board on the salary survey, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the salary surveys -and particularly the report of the Personnel Board meeting of July 6, 1965 and the cover letter of July 8 and the enclosures be held over to a study meeting of the Council, PERSONNEL BOARD RECOMMENDATION Civil Engineering Assistant City Manager,;Mro Aiassa: We are having a problem with the Civil Engineering Assistant. The Personnel Board is suggesting we might be able to take advantage of the basic salary resolution which is„Section 8, Section 2, (Read said section;) This involves one employee and he is now in'C range. It doesn't effect any of the existing people on staff. We had another vacancy today. One of our employees has been hired by a local engineer. We have four vacancies now for the Civil Engineering Department, I would like to recruit in the B or C step. I need the authorization. Motion by Councilman Heath, seconded by Councilman Snyder, that the City Manager be authorized to recruit for the Civil Engineering De- partment in the B and C step. Mayor Nichols: In your recommendation, Mr. Weeks, you state that at some .Rater time when recruiting becomes easier that this would revert and if it is hard to recruit now it is going.to.be just as hard later. Admin. Analysts, Mro Weeps: I think right now from the con® versa.tions I have had from place ment officers they say this is a particularly difficult time to recruit° . We are requiring a degree and no experience .and apparently private in- dustry is grabbing them up as soon as.they.,graduate,. Maybe.later on this will loosen up. City Manager, Mr, Aiassa: These Government contracts that are now going to these various industries doing space studies are making a great deal of demand on all the engineering positions. If these contracts don't get awarded, -27- • C o C o' 7/12/65 Page Twenty -Eight PERSONNEL BOARD RECOMMENDATION (CIVIL ENGINEERING ASSISTANT) - Continued: City Manager, Mr, Aiassa - Continued: then we can come back during the time you want to 'do 'a restiidy or idsaiary survey. 'We find out these positions are now ovekkated in'salarye" at that time we will revert them back to their original position of value. Mayor Nichols: Is this the reason you'-aie not seeking a reclassification for those particular positions? City Manager, Mr. Aiassa: Yes. Action on Councilman Heath's motion: Motion carried, EXTENSION OF TIME ON CONTRACT Raymond La Marshall City Manager, Mr. Aiassa: Mr. Marshall -has made an extension of time request He'has been very cooperative with us'and we have no need to take the property immediately. Motion by Councilman Heath', seconded byCouncilman-Krieger, and carried, • that Mr. Raymond'L,'Marshall be' given permission to occupy the premises for another 90 days, • REVIEW BOARD MINUTES June 22, 1965 Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that the Review Board Minutes of June 22, 1965 be accepted and placed on file. LEGISLATION City Manager, Mr,' Aiassa: approve or disapprove the bill, your information only, RESOLUTION NO. 3208 Richfield Oil Corporation ADOPTED Mayor Nichols: Assembly Bill 1615, the government fleas until .the, 24.th of July to either This is the cigarette tax. This is for The City. Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Richfield Oil Corporation) Hearing no objections, we will waive further reading of the body of the resolution, -28- • • C. C. 7/12/65 'RESOLUTION NO,, 3208 m Continued Page Twenty -Nine Motion by Councilman Snyder, seconded by Councilman Krieger, that said resolution be adopted,, Motion passed on roll call as follows.- Ayes.- Councilmen Snyder, Krieger, Heath, Mayor Nichols Noes.- None Absent". Councilman Jett Said resolution was given No,, 3208,, GENERAL TELEPHONE HEARING City Manager, Mr, Aiassa.- I have a recording of the meeting held in Covina pertaining to General Telephone Company and the bill is for $296,19,, You authorized me to spend the money but I stated to the Council I wouldn't give you a cost until I had the bill,, Motion by Councilman Krieger, seconded by Councilman Heath, that the City Manager be authorized to pay the bill b-f $296,,19 for the recording of the General Telephone Company hearing held in Covina on June 2, June 3, and June 4, 1965,, Motion passed on roll call as follows: Ayes: Councilmen Snyder, Noes.- None Absent.- Councilman Jett AZUSA AVENUE EXTENSION Krieger, Heath, Mayor Nichols City Manager, Mr,, Aiassao We have made a rundown on the Azusa Avenue right-of-way and estimates,, Mr,, Oschin is going to send in his,, We had a clearance.today tentatively from Home Savings and Loan, That should be ready for the meeting of July 24tho The County has informed me they will be able to clear all of the Batchelder's property. SAN BERNARDINO FREEWAY INTERCHANGE Councilman Snyder.- In regard to.the San Bernardino Interchange improvements, is there some urgency on us coming to a final conclusion on this? City Manager, Mr, Aiassa.- CI'TY 'CLERK SISTER CITY FOUNDATION City Clerk, Mt. Flotten.- The Council has recieved.copies of only, We want to get the field trip over with first, We have a letter from the West. Covina Sister City Foundation,,. this, This is for your information -29- • 11 C. C. 7112/65 CITY -CLERK Continued MULTIPLE SCLEROSIS REQUEST Page Thirty City Clerk, Mr,, Flotten: We have the annual request from the.Multiple Sclerosis Society, to conduct their campaign in the month of August. Motion by Councilman Snyder, seconded by Councilman Krieger, and carried, that the request.of the Multiple Sclerosis Society to conduct their campaign in the month of August be approved with the usual provisions. CALIFORNIA COUNCIL OF THE BLIND REQUEST City Clerk, Mr. Flotten: They are requesting permission to conduct a campaign September 1 through November 30 to sell tickets by telephone to businessmen in the area for a charity show. I think perhaps we should refer this to the Chamber and get their recommendation. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the request of the California Council of the Blind be referred to the Chamber of Commerce for their recommendation. Mayor Nichols: City Clerk, Mr, Flotten: Councilman Heath: City Clerk, Mr. Flotten.- Councilman Snyder*. City.Manager, Mr. Aiassa: CHAMBER CONTRACT Anyone soliciting in this City by telephone has to have a license? Yes. I know of two businesses in the City.soliciting cleaning, et cetera, over the phone. They are not supposed to do it. Can we legally stop them? If we can pin them down. City Manager, Mr,, Aiassa: Regarding the renewal of the contract.with the Chamber of Commerce, the headquarter city and their general operating contract, would .you like to have me have them prepared for your meeting of the 26th? Mayor Nichols: I think s.o. Motion by Councilman Snyder, seconded by Council.., Krieger,. and carried, that the City Manager negotiate new contracts wkth�the Chamber of Commerce for their headquarter city contract paid ,general operating contract and .bring them .back to the Council.:Ifapproval. -30- C Co Co 7/12/65 CITY TREASURER None MAYOR'S REPORTS ASSEMBLY BILL 1970 Mayor Nichols: Governors this bill allows districtso This is one of cities which this Council now, a system of electing LEAGUE OF CALIFORNIA TRIP TO SAN FRANCISCO Page Thirty -One Assembly Bill 1970 has been passed and signed by the general law cities to elect Councilmen by the -things that ,has been reserved to charter should see fit could establish by ordinance Councilmen by districtso Mayor Nichols: We have a request stating that the Planning Commission does not have sufficient funds for all of them to attend the trip to iSan Francisco, the League of California Cities, October 10 to 13,, Planning Director, Mr,, Joseph-. I have not discussed this yet with the City Manager so I have no exact figure. Mr. Aiassa and I have discussed this previously in past years and there is a set amount of money put aside for Planning Commission attendance at meetings, et cetera,, I brought it up at the last meeting and asked if anybody would be interested in going,, Apparently the members of the Planning Commission stated they would like to go and at that time I indicated that I am not sure how much money we have and I would check it out and report back to them. The question came up at that point stating that there were some Councilmen who may not be going and could there be a transfer of one to the other and that is about as far as we have gone,, I haven°t talked to anybody about this yeto We just got the Minutes back today and I wanted to review them before talking to Mro Aiassao Three Commissioners want to go and I am pretty sure we don't"have enough money for three of them to ...go o Councilman Heath- We are working against time to get these reservations in. 1-would like to act on this before our next meeting,, If they are going to make reservations for these Commissioners they had better do it this week,, Move that the staff be instructed to determine how many Planning Commissioners desire to go to the League • meeting in.San Francisco October 10 to 13, 1965, and that any deficit in the amount needed be taken from the Council°s allotment for this trip; further that reservations for these Commissioners be made immediately by the City Clerk,, Councilman Krieger: You have commitments by three Commissioners desiring to go? ®31� 'C, C, 7/12165 Page Thirty -Two 'LEAGUE OF CALIFORNIA CITIES MEETING IN SAN FRANCISCO - Continued Planning Director, Mro Joseph: I won't even use the term • "committments",.. I asked them at the last meeting how many would care to go and three indicated they would be able to go but this is not.a'firm committment, I was asked by the Planning Commission to poll them and talk to them about City Manager, Mr, Aiassa: I think we should have a positive committment from the Commissioners. Unless they are going to definitely go and we make these committments and make the deposits on the reservations, this is a lot of work, Planning Director, Mr, Joseph: Action, on Councilman Heath's motion: and. carried, RAPIDTRANSIT I agree, Seconded by Councilman Snyder, Mayor Nichols: I have been receiving repeated communications from the Board of Directors of the Rapid Transit District suggesting that the Council and the Mayor. of the City take some sort of action to support and s.pur.on the Governor to call a special session of the Legislature or otherwise undertake efforts to provide funds for the rapid transit district's program, There has never been any direct assignment requesting the Council per se to'take action, It is always simply that the Mayor and/or Council, and.I have not brought any of these matters before the Council and we have not discussed these matters, During the past year I have been involved somewhat and have attended one or two meetings on the rapid transit program and certainly have my own opinions about them+ proposals but I wondered'what the Council would like to do, if anything, in respect to these requests that the Council exert its influence.upon the Governor to prevail upon him to call a special session of the Legislature.for rapid transit legislation, Covnci.lman.Heath: I think we are going to eventually have to have some other form of transportation in Southern California, What dt will be, I don't know. I think therefore we should ,take some steps even if they are in the wrong direction to get this rapid transit thing moving. To sit by and do nothing serves no purpose whatsoever and if we start making some progress and having some meetings.and having some action by the Governor And his staff it'might end up in something where we will have a rapid transit system. I would,suggest we write to the Governor and dowhatever we can to pursuade the Governor to get going on the rapid tra,isit proposal, Councilman Snyder: If you get going m- Mayor Nichols: There are increasing numbers of "politicians" who are in down- right opposition to the specific proposals'that are being made and this' request', of course, is for enabling legislation x"n.'order that the rapid transit system -district can levy taxes to impl®ment its program and a.close.examination of the program may not meet with your approval and therefore if you urge the Governor.to do this you. may be urging. something you really don't support, -32- C, C, 7/12/65 RAPID TRANSIT - Continued • Councilman Heath: Legislature would be limited and that any construction or be voted on by the people, Page Thirty -Three I feel that any action or any money appropriation done by the only to a study or possibly the engineering furtherance of that program would have to I feel we could go ahead at this time, Mayor Nichols: The proposal specifically is to achieve a tax program that will., enable.the transit system to get off the ground and build its first leg of their proposal. I only ask whether the Council wants to go on record in supporting the transit system in this program or whether we should do nothing.. Councilman Snyder: I don't'want to support them in the program of more taxes, Apparently they set up the rapid transit district and they failed to give them adequate means of financing themselves. It seems to me if we communicate to the Governor it ought to be along the lines that Legislature should find means of enabling the rapid transit district to finance itself, to finance this project and this doesn't necessarily mean by raising or levying.taxe$, It seems to me there are other methods Mayor Nichols: In the future if I receive communications that don't come directly to the Council in the'area of rapid transit is i.t the Council's wishes I bring these into the meeting to seek Council direction as to whether we participate? Councilman Krieger: I would like to have more specifics in their desire for our cooperation. I don't know enough about it to express an.opinion, Mayor Nichols: 'COUNCIL; 'COMMITTEE 'REPORTS PLANNING COMMISSION I will .bring in any.specific letters in the future, Councilman Heath: The Planning.Commission at their meeting last Wednesday night voted to initiate public hearings on the revision of a part of the sign ordinance, That part, is the part having to do with flags and .pennants, This is for .'your information only, ESTIMATE OF ASSESSED DISTRIBUTION ,Councilman Snyder: City Manager, Mr, Aiassa: Mr, Aiassa, did you send this estimate..,Qf assessed distribution to the rest of the Council? No, -33- �J Co C; ' 7/12/65 ESTIMATE -,OF ASSESSED. DTSTRIBUTION.Continued Councilman Snyder: City Manager, Mr, Aiassa: DEMANDS Page Thirty -Four Would you senda copy to the other Councilmen? Yes,, That is the estimated d-i6tribution of assessed valuations according to the zoning report, Motion by Councilman Krieger, seconded by Councilman Heath,.to approve demands totalling $173,353,,39 as listed on demand sheets B201, C464 through C467o This total includes time deposits of $1001000" M' Motion passed on roll call as follows: Ayes:. Councilmen Snyder, Noes: None Absent: Councilman Jett Krieger, Heath, Mayor Nichols • There being no further business, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this meeting be adjourned at 11:30 PoMo ATTEST • CITY CLERK APPROVED MAYOR -34-