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10-25-1965 - Regular Meeting - Minutes4V • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA OCTOBER 25, 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 Hallo Councilman Heath led the Pledge of.Allegiance. The,invocation was given by Mr. Bruce Smith of the San Gabriel Valley Y.M.C.A. . ROLL CALL Present: Mayor Nichols, Councilmen Snyder (from 7:55 P.M.), Krieger, Heath Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk & Admin. Assistant Mr. Harry C. Williams, City Attorney Mr. Herman R. Fast, Public Services Director Mr. Harold Joseph; Planning Director - . Mr. Raymond Windsor, Administrative Analyst Mr. Phillip Gatch, Planning Assistant Mr. Wallace Austin, Planning Assistant Mr. Norman Yoshirhara, Planning Assistant Absent: Councilman Jett CITY CLERK'S REPORTS PROJECT TS--6330 Approve-: Plans. and Spec if.ications.. Traffic Signals LOCATION: Vincent and Garvey (North Frontage Road) .APPROVED Review Engineer's report. Approve plans and,specifications for Pro- ject TS-6330 and authorize City Engineer to call for bids,"with award of bids at adjourned regular meeting to be held November 15, 1965. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to approve the plans and specifications for Project TS-6330 and author- izepthe City Engineer to call for bids, with award of bids.at adjourned regular meeting to be held November 15, 1965.. PROJECT SP-6513 Approve. Plans. and .. Spec.if.ica.t.i_ons.. Street Improvements APPROVED Approve plans and specifications for City Engineer to call for bids. LOCATION: Pacific Avenue, Cameron Avenue to westerly City limits. Review Engineer's Report. Project SP-6513 and authorize Motion by Councilman Heath, seconded by Councilman Krieger, and carried to approve the plans and specifications for Project SP-6513 and authorize the City Engineer to call for bids. -1- • • C. Co 10/25/65 CITY CLERK'S REPORTS ®'Continued LIGHTING ASSESSMENT ENGINEER'S CONTRACT Page Two LOCATION: Citywide Review Engineer's report, Authorize Mayor and City Clerk to execute the Street Lighting.Contract.'submitted by L. J. Thompson, Councilman Heath: I can't understand the letter that was given to us or.the reasoning in back of it, I asked at the last meeting as to whether we were running into legal complications by working on a five®year contract, This was supposed to be checked with the City Attorney, I don't see anything here concerning the legality of this move, City Attorney, Mr, Williams: You can make a contract for.five years. There is no legal problem there, particularly in a situation where you are not paying for the fist year and a later year; The thing you cannot do is incur the - expense this year and burden the later years' budgets but you can make a lease for five years, As'long as you are paying for the service when you get it, then you are not violating the law, Councilman Krieger.: The question I had pertained to the establishment of these districts originallyo Apparently, they were established as two-year districts and now the proposal is.to consolidate the existing four districts into one five-year City district, The part of the report I am unable to follow is the fact that the per parcel charge increases to $1,75 Der parcel, If the work is basically the .same regardless' and the same parcels are involved, why should the. parcel charge have increased? Public Services Director, Mr, Fast: The $1,50 per parcel was for two .years and the $1;75 is for.five years so actually it.is less per year. If you have less administrative cost for one.district spread over five years, it will cost less, City Manager, Mr, Aiassa: We planned this three and a half years ago, Mr, Rosetti and Mr. Thompson originally set it up so we could eventually go to this five- year plan and actually save money. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the City Engineer's report on the Lighting Assessment Engineer's Contract be approved and that the Mayor and City Clerk be authorized to negotiate the agreement with L, J, Thompson,. 1965-67 LIGHTING DISTRICT LOCATION: Campana Flores Drive PETITION FOR EXCLUSION • DENIED Review Engineer's report; petition from property owners requesting exclusion from 1965-67 lighting district program, Approve report. Councilman Krieger:: Mr, Williams, have you had the opportunity to review the petition and the correspondence and staff report on this? City Attorney, Mr, Williams: No, I have not, -2- Co Co 10/25/65 Page Three '1965-67 LIGHTING DISTRICT (PETITION FOR EXCLUSION) ® Continued • Councilman Krieger. I have somewhat of a reservation in my mind as to how this works out in the loci run, As.I understand the petition, it is to delete from the district the installation of street lights on their street, The report of Mr, Pontow on October 14 suggests that there may be some unique features on this street which would justify the omission from the district, My concern is that at some later date future property owners may feel differently abrodtthe situation on Campana Flores than the present property owners, and the reason I asked the question of Mr, Williams would be to the effect of what our position would be at such future time if a street were left out of the district and would remain unlighted,, City Attorney, Mr, Williams- I am not nearly as capable of answering this as Mr, Rosetti or Mr. Thompson would be who handle these things all the time. I think you can always add to a district but Z don't know how long it takes to add to a district, Public Services Director, Mr, Fast. In the event the Council chose to honor the petition, it was the staff°s idea to add this into the next district that might come along when the development came in the area down south, • Councilman Heath: I have a feeling on this matter to the extent that we have to realize we now have a City. It is true that many people still want to retain a country atmosphere as much as possible. However, we have a problem of police protection and I feel if we start creating islands in this lighting district we will have them all over the City, We have specified and stated a policy of lighting our City, I think we should light it all or leave out every island where people on the street say they donet want the street lights, I would say we should light the entire City the way we started out to and that would include putting the lights on this street, Mayor Nichols: I have expressed on a prior case on Portner my own philosophy in these matters. If it is a through street that must of necessity require service to other areas, I think that the matter of lighting that street becomes imperstive s*V. of the sentiments of the people. When we are talking about cul-de-sac streets that serve only a limited area, I think we are stretching a point when we begin talking hbout the police and crime problems because I think most of the thievery and crime that has occurred in the City has occurred in the broad daylight. I would be of the opinion that the Council should honor the wishes of property owners in this respect where the Council cannot determine it is adverse to the.public interest to leave an area unlighted and where that area unanimously decides to be left out of the district. Certainly they will probably at some future time desire lights and they will quite probably pay a considerably higher price per property owner but I think that is their business. I would favor honoring the petition, Councilman Krieger: What would be your attitude on those properties along Cortez where the owners have also indicated their desire to be omitted, -3- N. C. C. 10/25/65 Page Four 1965-67 LIGHTING DISTRICT (PETITION FOR EXCLUSION) - Continued: Mayor Nichols: If it was feasible to -develop -'at this time and it indicates here it is not because of another factor, I would feel that Cortez is a main •through traffic street and would be in the interest of the City that that street be lighted, Councilman Krieger: I am not overly struck with the absolute necessity of lighting Campana Flores and I am quite sure there are a number of other cul-de-sacs in this.community that upon due condideration might possibly fall without the necessary questions of safety and convenience,- but in this instance I - would agre-e with Councilman. Heath. that either.. we. have a uniformity, of. po.1- icy in -the matter of street lighting or we go street by street throughout the City taking the vote of each'street. I appreciate the feelings of these people but I believe it is the responsibility of those of us who sit on the Council to, in our best judgement, arrive at a policy of uniformity throughout the City and I would favor such uniformity throughout the, City that would require street lighting on Campana Flores as well'as any other street we Have. I think the philosophy of street"lighting is a philosophy in itself, Either we are a City that has to take into consideration the transition between what we are and what we obviously were, and 'either street lighting is or is not a concomitant.of the type.of community we presently area I think street lighting has been proven in the reports and the studies and in the deliberations of the Council to be one of the ele- ments of our community that needs remedying and that ultimately.it benefits the community citywide to have street lighting and I can't believe that pockets within the City is beneficial to the City as a community. • Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to disapprove the petition for exclusion on Campana Flores Drive from the 1965-67 Lighting District. (Mayor Nichols voted "No.") Mayor Nichols: My opposition is based upon the fact that unless an overriding public interest is shown, I feel the people immediately affected in these matters should be a better judge of their needs than the City Council. PETITION FOR REVISION IN WESTERLY LOCATION: West Covina Center off ENTRANCE TO THE_..WEST .COVINA CENTER... Garvey Avenue, between DENIED Vincent and Glendora. Accept,petition from property owners in West Covina Center. Review memor- andum of explanation from Planning Commission and staff. Oral presenta- tion by staff. City Manager, Mro Aiassa: (Read report from R. E. Pontow, City Engineer dated 10/21/65: "Petition for Revision in Westerly Entrance to Old West Covina Shopping Center. The Planning Commission received a petition containing 364 signa- tures at its hearing on the Central Business District Study com- plaining of the curb radius between the parking lot and Garvey Avenue at the westerly entrance to the West Covina Center. This • curb was put in by the Division of Highways in accordance with the plan for Garvey Avenue approved in April, 1965. A presentation will be made by the Staff at the Council meeting regarding this problem." (Councilman Snyder entered the chambers at 7:55 P.M.) -4- 3, C. C 10/25/65 Page Five PETITION FOR REVISION IN WESTERLY ENTRANCE TO WEST COVINA CENTER - Cont'd. Public.Services Director, Mr. Fast: (Presented map, explained same, and gave a brief summary of this matter.) The staff would recommend that the previous layout as indicated by the staff on your previous presentation be retained. Councilman Heath: How do the people signing this petition want it changed? Public Services Director, Mr. Fast: They want to open up the entire end and have the traffic come right through. The State has authorized the change order in accordance with the agreement the Council signed with the State. Councilman Krieger: Public Services Director, Mr. Fast: Was your recommendation in order to preserve one or two parking spaces or was it for traffic flow reasons? For the traffic flow. Councilman Krieger: My thoughts on it are the petition was received, reviewed, and it is still the opinion of the people in our City who are paid to give us their judgement that this is the best traffic flow entrance and exit. I would go along with their recommendation. Mayor Nichols: Certainly with no evidence to the •contrary I think we are obligated to accept the recommendation of those supposedly competent in the field rather than those who ar.e.. merely. interested. in the field. Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, that the petition for revision in the westerly entrance to the West Covina Center be disapproved and the previous action of the Council be reaffirmed. RESOLUTION NO. 3261 Easement - Home Savings_ 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 REDORDATION THEREOF" (Grant of easement executed by Home Savings and Loan Association under date of October 11, 1965.) 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. 3261. -5- Co Co 10/25/65 CITY CLERK'S REPORTS - Conti RESOLUTION NO, 3262. Slopd'Usements-S. Azusa Ave. ADOPTED Mayor Nichols: Page Six The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED" 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 followsi Ayes: Councilmen Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: Councilman Jett Said resolution was given No, 3262, 'SCHEDULED MATTERS BIDS . PROJECT C-146 STREET IMPROVEMENTS MERCED AVENUE EXTENSION LOCATION: Merced Avenue between Glendora and Merced. Bids received in office of City Clerk 10:00 A,M,, October 20, 1965, The bids received are as follows: _ D & W PAVING 10% Bid Bond $489647,75 SULLY -MILLER 10% Bid Bond 5594.27,39 F. W, RICHTER CONSTR. 10%,Bid Bond 589395.05 JASPER No HALEY 10% Bid Bond 589626.85 W, R,. WILKINSON CO, 10% Bid Bond 599366,29 GRIFFITH COMPANY 10% Bid Bond 631131,20 Motion by Councilman Krieger, seconded by Councilman Heath, that the contract for City Project C-146 be awarded to the D 6 W Paving on the basis of their low bid items for a total estimated amount of $48,647,75, and authorize the Mayor and City Clerk to execute the agreement and to return all unsuccessful bids,:..Motion passed on roll call as follows: Ayes: Councilmen Snyder, Krieger, Heath, Mayor Nichols Noes: None • Absent: Councilman Jett L` 11 C, C, 10/25/65 'SCHEDULED MATTERS ($IDS) - Continued PROJECT MP-6534 LOCATION: STREET, CURB 6 GUTTER IMPROVEMENTS Page Seven West Covina Center Bids received in the office of the City Clerk at 10.00 A,M, on October 20, 1965, The bids received are as. follows. SULLY -MILLER 10% Bid Bond $ 39657;58 W. R. WILKINSON CO, 10%.Bid Bond 49110,70 LEELCO, INC, 10� Bid Bond 49798.25 JASPER N. HALEY. 10% Bid Bond 5,409,50 Councilman Heath: Wasn't this work caused by thy; interchange? Public Services Director, Mr,. Fast: Yes, This would cost about eight thousand.and the difference is reflected in the State participation, Councilman .Heath. Public Services Director, Mr,,.Fast. Why won't this be put in by the State if this was caused by the State? The balance left for us to do was not caused by the State. Motion by Councilman Krieger,. seconded by Councilman Heath, that the contract for City Project No, MP-6534.be awarded to -Sully -Miller Contracting Company on the basis of their low bid items it the total estimated amount of $3,657.58, that the unsuccessful bids be rejected, and that the staff be complimented for their ;work..` n saving the tax ,payers' money, Motion passed on roll call as follows. Ayes. Councilmen Snyder, Krieger, Heath, Mayor Nichols Noes. None Absent. Councilman Jett HEARINGS ZONE CHANGE NO, 356 LOCATION: 2141 Garvey, between Mr, 6 Mrs, Jack Keces Willow and Sunkist, D APPROVE Request to reclasify from Zone R-A to Zone Cml approved by Planning Commission Resolution No, 1836, City Clerk, Mr,. Flotten.. The notice of this public hearing appeared in the West Covina Tribune on October 14, 1965, There were 23 notices mailed to property owners in the,area on October 13, 19.65; (Read Planning Commission Resolution.No, 1836,) Mayor Nichols. This is the time and place for the public hearing, There being no public testimony, the public portion of the hearing was closed, -7- L C, C; 10/25/65 Page Eight ZONE CHANGE NO. 356 - Continued. Motion b Councilman K ie er seconded Councilman y r g se o ed by Coun ilman Heath, that Zone Change No, 356 be approved to rezone the property from zone R-A to zone C-I. Motion passed'on roll call as follows; .Ayes: Councilmen Snyder, Kr eger,.Heath9.Mayor Nichols Noes: None Absent: Councilman Jett PRECISE PLAN NO. 462 (R) LOCATION: 715 South Glendora, Joseph Squillace, M,D,. between Cameron and APPROVED Service Avenues, Request for approval of precise plan for a professional office building in Zone C-1 approved by Review Board on.August 30, 1965, Called up by Council on September 13, 1965, Hearing closed on September 27, 19659.. and matter held over to October.18, 1965, and then to October 25, 1965, .Councilman Heath. Reviewing all the facts, I see by the last paragraph.in this letter we have just.received, a'statement by.the.applicant and.I think it is very well.put,. (Read said section of the letter.) In light of •everything that has been said, I think this statement would be an agreeable approach to resolve a rather sticky problem. He agrees if he does not have to pay'for the water line to. put in the curbs, gutters, street and sidewalk, ! �` Councilman.Kriegers This one.issue seems to be the outstanding issue. We have a report from the.City Engineer dated October.,15th directed to this specific point.about the water line on Glendora Avenue, If we make an exception here:do we not, in fact, leave ourselves in a position where other properties along Glendora might rightfully say, "Why? If he.hasn't, why should we?" I don't know the answer to that one, City Attorney, Mr, Williams: Since this matter came up, I talked to Mr, Fast and Mr, Aiassa about it and they refreshed my mind.on something I probably should have recalled at.the time it happened, but I didn't at the time it was discussed,. :I think what I am about to.say is a fact, and if it isn't, I hope one or the other will correct it. The money for.this water line change on this piece, of property is actually in possession of the City, It was deposited by the owner who owned the property at the time the precise plan was approved that included this. and other property. So far as I am aware, the City is authorized to use that money. The purchaser of this property.and :present owner,.Dr, Squillace, purchased it from the party who certainly knew of the condition because he deposited the money, .That was a voluntary agreement to a •condition on a precise plan by the owners.of the property along this street, Since the deposit was made and the.agreement was.acceptable when the condition was imposed.to all the, property owners, now that the benefit has been reaped I don't think the City -can return the money, I think we already have the money. There is no necessity of imposing anything on Dr. Squillace, asI see it, -8- C o C . 10/25/65 Page Nine PRECISE PLAN NO, 462 (R) - Continued: Mayor Nichols: Mt. Aiassa, is that correct? iCity Manager, Mr. Aiassa: That was my understanding when we reviewed the record. Public Services Director, Mr, Fast: The entire Cameron Avenue project which also took into account con- siderable portions. -of -Glendora up_ to Service, had a considerable num- ber of promises, deposits, promised deposits. There were several parcels in this total project that did, in fact, deposit money toward the water 1_ine r.el.ocationo Even more. in.d.iv..idua.ls___.involve.d. in. this._ went with the water company, as I understand -it, La Puente Co-op, There were even more.part.icipa.nts who deposited.money.f_or the improve-' ment .of.. the.. City street, curb, gutter, . and a . certa.in_...amount of -paving. This was .held.;...in....d.e.posit by the City. In the case of this particular parcel, neither deposit is being held by the City, nor have we ever had it on thisparticular parcel. Mayor Nichols: Was this deposit made for the water line and is it being held somewhere? Public Services Director, Mr, Fast: Not to my knowledge; not on this parcel, City Manager, Mr. Aiassa: I think the Council should realize • this parcel of property, the.con- dition was that this entire parcel was to be developed as one precise plan and the third vote that granted this zoning was predicated on that condition and Mr. Ritchie Graham representing the entire group applicants assured the City that all improvements would be done and the condition that it be developed under one precise plan was all -right. It turned out that it could not be developed under one precise plan. Councilman Heath: After the attorneys determined it could not be developed as one pre- cise plan, that plan was abandoned and the zoning was granted, and the Council at that time was appraised of the problem, Mr. Williams, isn't this a matter between La Puente Water Company and Dr-. Squillace and the City, all three? City Attorney, Mr. Williams: Mayor Nichols: Yes, I presume it is. Who paid the bill for the re- location of this water line? Public Services Director, Mr. Fast: It is not paid. Councilman Heath: Who is it billed against? Public Services Director, Mr, Fast: The work was done by Valinda Engineering Company. 0 Councilman Heath: Who ordered it done? Public Services Director, Mr, Fast: I don't know, so 9 0 C, Co 10/25/65 PRECISE PLAN N0,_ 462 - Continued Councilman Heaths Public Services Director, Mr, Fasts Page Ten Who owes the bill? Individual property owners, City Manager, Mr, Aiassa: The whole situation developed right after we changed the precise plan and it then.:: Jae tnura� a ball game because each ePp:1,Lcgnt had different ideas and different uses, Councilman -Krieger' There is'a report that looks to this particular.question from_ the City..Engineer-dated October 15th.stating.whch of.the.property owners have paid and which are still liable to;pay and which have not developed. It seems to me there"are some very basic questions involved here, Are wetg to collect twice? If we are not, let's get that out of the way. Is there any question that we are trying to collect twice? City Manager, Mr, Aiassa. No, Councilman Krieger: The question is are we in.a position where we even can impose this as a condition to collect once and the Review Board's recommendation is that we do and the question is whether or not we want to.accept that recommendation as a condition of the approval of the precise plan, Councilman Snyder: There is another question. If this had been done and it was done by a certain engineering company and Dr. Squillace fails to pay. this engineering company, can they collect from the City? Councilman Heath: I think your answer is given by Mr. Williams at the last meeting, that we cannot collect this legally, Councilman Snyder: It was done by an engineering firm, not contracted for by the City. Can they collect from.the City? City Manager, Mr, Aiassa: I think only a lawsuit would show that, Mayor Nichols: There is a very fundamental thing here. This gentleman was contacted by the City to participate in this improvements program. He said he didn't want to participate at this time, The improvements went ahead. It was not a 1911 Act, The very fact that we have . confusion as to who put up and who didn't put up and how many owe and how many don't owe and on what basis this was done rather indicates this is what happened. This gentleman was never contacted again during the course of that. Those improvements:were.put.in.in front of his property anyway and now we say we,are going to try to collect those improvements based on a precise.•plan situation,- It.seems to me we are trying to cover up an administrative error in procedure, -10- C. Co 10/26/65 Page Eleven PRECISE PLAN Nao e62 Continued • Councilman Snyder-, Mr,, Ritchiewho represented all these people including the prior owner of Fir. Squillacees property$ stood before this Council and stated they Would be developed as one project. Councilman Krieg+ess Tbat may constitute a breach of good faith but I don't see whore it constitutes a breach of this mauls obligation. Mayor Nichols: It is one of two things,, Either this man is not telling.the truth when he says he did not concur with those improvements. or.the improvements were put in front of his pmperty without his concurrence. It is on® of those twe o City Managers Mr. Aiassas I'd like to bring Mr,, Adams taack,, Mayor Nicholss Let's bring Mr,, Adams back and find out what went on here. We spend meeting after nesting on matters like this that we should have had all the lasts bmfors us to start with, Councilman Snyder- The previous owner did"'$ through l4r. Ritchie promise 'to put these improvements in. Then this occurred at the time .:.of_...the...previous cwarrsr, , Mayor Nicholas The previous owner cannot cotait this man to do anything, Ift may have made a breach of faith. Councilman Snyders It seems to me we should have see redress Ikinst than previous owner,, City Managers Mr. Aiassas As far as us working with this situations after this zoning was granted the precise, plan .wars adopted for the whole parcel; We have had nothing but problems,, The condition originated itself not from the staff level,, It was given to us a delayed problem where something a1ppearedald"tieandri lffy" 0�tW ;e®robaEdt�e a reality by the City Council's further action. Councilman.kriager: On October 15th your City Engineer and your Public Services Director made the following statement: "The following . are still liable to pay La Puente Co-op: Ray Kilze Dr..Squillaces and James Laird,,* Is that statement factually correct? Public Services Directors Tor. Fast: To our knowledge, yes,, Councilman Kriegers If they are liable to pay La Puente Co-op under sent theory of contract.liabilitys why are,ae in this situation at all? Councilman Snyders` What.really occurred hero was this was a precise plan imposed on all these properties under which the City staff operated :prior to the abandement of that precise plan, -114. • i • C. C. 10/25/65 PRECISE FLAN N0, 462 Continued Mayor Nichoiss Page Twelve Now we aretrying retroactively to reimpose it on an applicant, Councilman Heaths Movethat this Council find that as a condition of the Precise plan approval of..Preciae Plan of Design go, 462 that Dr, Squiliace pray for the strest0 curb, gutters and install the sidewalk; and further that this Council finds that he is not cestpelled to pay for the move- Mont of the water line, which her did not authorize, Councilman Kreiger: I would be glad to second a motion which would provide for an approval of Precise Plan of Design No, 462 and all the conditions imposed by the Review Board with the exception of Condition 7-E.-which is the charge for the lowering of the La Puente Cooperative line, with such action not being construed as a prsced&nt of this Council with reference to the other property owners involved, Council man Snyder. I would think this would make this Council and the whole fiasco of Glendora Avenue look worse, This man cannot sit here and tell me he didnOt know about this. His realtor is sitting beside him. His realtor know about it, They all knew the pressure and maneuvers and everything else put `_ron,;. this City to get this precise plan through and which almost tore this City apart, If you allow this to go through without 7®E, you are allowing thew to get away..with even more, Councilman Heaths If Mr, Krieger will make a motion to the effect of what he just said% I will withdraw my motion and second his, Motion by Councilman Krieger, seconded by Councilman Heath, to approve Precise Plan of Design f !1620)subject to the conditions imposed thereon by the Review Board in their action of October 15, 1965, with the exception of Item.7®E having to do with the charge for the lowering of the La Pu®nte'Coope°rative Water Company line; that it be expressly understood that it is -the intent that such motion has no effect and should constitute no precedent as to the other property owners that may be involved in relocation of the water line on Glendora Avenue, Councilmen Snyders I think the tax payers should bring suit against the City and the applicants here for miscarriage of justice,, Mayor Nicholas Despite my tirade against what I definitely feel is a confusion of this whore thing, which our staff has to assume their share of responsibility, there is a key ingredient here that has not been answered, and that is the statement by staff on the report of October 15th that a legal liability exists on this applicant to pay for the lowering of this water line. I would like to have that clarified before I could support the motion and second on the floor, I asked that question and I received an affirmative answer. I am relying upon that answer of the staff in making my motion. I read a report on October 15th signed by the City Engineer and,approved by the Public Services Director and one of the statements contained therein and included in it was the three parties -listed, including Dr, Squillaco, and I asked if that statement was correct, Councilman Krieger s 1 • C. C, 10/25/65 PRECISE PLAN'NO,, 462 m Continued Public Services Director, Mr, Fast:..In:regard to Mr,. Pbntow and mysel f , we:are net attorneys. I would like to reword Item No, 2: "In.the.`opinion of tho 14.Puente Co-op, the following are still liable to pay. , a", T`cannot ascertain that they are liable; Councilman Krieger: I wish th®y mould say "'in the opxnzoWl of someone else they are liable, My motion still standso .Councilman Snyder:: I would like to say further that the:confusion was made by the . Council and a precise plan that was passed and later abandoned Now the staff could only,work under.that precise .plan and possibly some of..the .-things they had started under the old .precise plan they still carried out but this whole.thing was a fiasco; it is still a,.'fiasco; and it is being made a ,greater fiasco by this action tonight, if it is passed, Councilman Krieger: The issue isn't the staff. The issue before us is the precise plan,. Mayor Nicholas I think the.issue of this matter has'a great deal to do with .the staff in that all.the facts we have to work with applicable to the requirement imposed upon the precise plan are submitted to us by the staff, We don't have the ability to go out int6 this.community and pick up any material and cooperate in any of these things,other than through the material that comes here. You cannot decade a matter in court, nor Can.you ask,a jury to deliberate on.any item unless they. accept.that evidence that is presented, Certainly it.is a key to what we.are told, Councilman Krieger:, Any tine'this Council stays within the. bounds of asking questions of staff,.I would concur; but, any time any member of this Council steps without that bounds to make statements, I think it is beyond the purview of the questions before. us, Action on Councilman Krieger's motion: Moiien passed on roll call as follows-. Ayes: Councilmen Krieger, Heath, Mayor Nichols Nees: Councilman Snyder Absent: Councilman Jett Councilman.Snyders There were two votes read earlier regarding this fiasco and for the record I would like to state that I.votod in the minority both times, C. C, 10/25/65 Page Fourteen, HEARINGS Continued • SOUTHERLY ANNEXATION D STRICT N 9©` LOCATION: I Q, 2 LO A I©N: Northwest. corner PROTEST HEARING Nogales and Valley, Hearing of protests or objections set for`October 259 1965 by Resolution No, 3241 adopted September 13 1965, City Clerk, Mr, Fottene This -is aone ownership property, On July 21 19659 the County„...µ Boundary Commission approved with definite certainty the boundaries of the annexation,, On September 18, 19650 the Los'Angeles Formation Commission approved the annexation, On September 13,1965, the City Council adopted Resolution No, 3.241 giving notice of the proposed annexation and setting'Oetober 251.1965 as the protest hearing date, The notice of this public'.hearing was published in the West Covina Tribune and in th'e'La Puente Valley Journal.on .September 23..and September 36, 1965a' The records'show.there `are 'two.registered voters in the area; the total population is three,<, Th,e:annexation consists of 13,8 acres, The'ass�esse'd valuation of.the land is $20,500.00, improvements, $4,380,00, fora total of $249880,00, There have been no oral or written protests filed to this date.against this annexation, Mayor Nichols: This is the time and place for • the public. hearing. There being no public testimony, the hearing was closed, RESOLUTION NO, 3263 The City'Clerk presented: Annexation.District oft. 190 "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE AGAINST SOUTHER:LY:.ANNEXATION DISTRICT NQ q. 1.9 ii.. Mayor Nichols,, Hering no objections, we will waive further reading of the body,of the resolution, Motion by Councilman Kr egero seconded by Councilman Heath, that said resolution be adopted,., Motion passed on rol.1 call as follows: Ayes: Councilmen Snyder, Krieger, Heath,' -Mayor Nichols. Noes: None Absent: Councilman. Jett Said resolution was given No, 3263, Co C.. 10/25/6.5 - Page Fifteen SOUTHERLY ANNEXATION DISTRICT HOC 190 - Continued • ORDINANCE INTRODUCTION The City Clerk presented: Ann"StIon District No. 190 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA. APPROVING THE ANNEXATION T0, INCORPORATING IN, AND MAKING A PART OF -SAID CITY OF WEST COVINA CERTAIN UNINHABITED TERRITORY OUTSIDE THE SAID CITY AND CON- TIGUOUS THERETO, KNOWN AS SOUTHERLY ANNEXATION DISTRICT . NO. 19011 Motion by.Councilman Krieger, seconded by ;Councilman Heath, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that said ordinance be introduced, AMENDMENT NOo 74 Planning Commission recommends City.Initiated approval of amendment to Municipal APPROVED Code regarding outdoor storage • and -display of tires and other materials, by Resolution No, 1834, City Clerk, Mr, Flotten: The notice of.this public hearing -appeared in the.West Covina Tribune on October 149 1965, (Read Planning Commission Resolution No, 18340) Mayor Nichols: This is the time and place for the public hearing, There being no public testimony, the public portion of the hearing was closed., Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to approve the Planning Commission's action..on Amendment No, 74 by adopting said amendment and -direct the City Attorney to prepare the appropriate ordinance for Council action, PLANNING COMMISSION REPORT ON SOUTHERLY ANNEXATION DISTRICT NO, 192 (Maps"were. presented and Mr. Flotten read a Planning Commission memo dated October 2.2 re this matterb) Councilman Heath: .This is a.good.annexation and it ..is well worth while. Do,you have an indication of how the area is responding to the north of' this? G. C. 10125/'65 Page Sixteen REPORT ON SOUTHERLY ANNEXATION DISTRICT NO. 192 - Continued Planning Director, Mr. Joseph: It is around 40% yes, 60% no. We have a 24% return. It is very close. It would be an inhabited annexation. RESOLUTION NO.. 3264 The City Clerk presented: Southerly "Annexation "A RESOLUTION OF THE CITY COUNCIL District No. 192 OF THE CITY OF WEST COVINA ADOPTED CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS SOUTHERLY ANNEXATION DISTRICT N0. 192" 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 Snyder,'Krieger, Heath, Mayor Nichols Noes: None Absent: Councilman Jett Said resolution was given No. 3264. NORTH AZUSA AVENUE STUDY Mayor Nichols: We have the report from the Planning Commission before us on this matter. Councilman Krieger: II am the Council representative to the Planning Commission and the Planning Commission received the report of the staff last Wednesday. I concur that we ought to await the receipt of this economic base study because I think it will materially influence our consideration of possible recommendations for zone changes made by the staff. I also think the Planning Commission ought to have the opportunity to pursue public hearings after the receipt of the report so that we might receive their recommendations. Councilman Heath: Planning Director, Mr. Jo eph: How long do we expect to take on this economic study? About eight months.. • Councilman Heath: I don't see how we can hold these people up any longer. They have been waiting six, seven months for decisions on the development of their property and we are holding -them up. I don't think it .is quite fair. -16- Co Co 10125/65 Page Seventeen RIQRTH AZUSA AVENUE STUDY Continued • Councilman Krieger: The Planning Commission passed on three matters on Azusa Avenue without holding them up, As I remember it, we requested the report at the time we were considering a particular use.along Azusa Avenue which was more specifically a car wash, Councilman Snyder: Is there any zoning or precise plans being held now for the result of this study? Planning Director, Mr. Joseph: Just one now, and that is your Smith case which is.set before the Council on November 8. The Planning Commission was holding some and they disposed of them and they will be set for public hearing before the City Council probably in the month of November. Councilman Krieger: My recommendation was we hold off our consideration of the North Azusa Avenue study until after the economic base report is received, This has, as far as I am concerned,,, a_separate feature from any existing zoning questions or future zoning questions that may come. before us.. Each .ma'yt, Took at the question in terms of what the staff report means to us individually, but I am talking about considering the study as a whole, If a particular zoning matter came before us and I felt that my.decision would be influenced by the ultimate decision on the North Azusa Avenue study, I might approach it by such a motion, but I am talking about the total study now,. I am .suggesting we not do anything with the report until something that has come along after we asked for the report, which is the economic base report, is also received. Councilman Heath: The economic study is going to guide us on the North Azusa Avenue study, The zoning which is being discussed on North Azusa Avenue now is related,to the zoning study which we have just completed. How can we act on any of this zoning sensibly until we have the economic study completed? Councilman Krieger: when we weigh in our own minds before us. Councilman Snyder: That is a decision that I think eaeh.one of us will have to make the advisability of the zoning request Each one will be individual. Some of them we may ask to wait. Councilman Krieger: I desired the study so I could look at the entire area as a totality in consideration of future zoning requests, At the time this study was requested there wasn't even a recommendation of having an economic base study, That came afterwards, Councilman Snyder: of holding zoning and each one,individually, I don't think tonight we would want to make an overall policy precise plans over, I think we have to decide _17 Co C,, 10/25/65 Page Eighteen. NORTH AZUSA AVENUE STUDY - Continued • Councilman Heath; I feel we cannot hold these people up, Councilman Snyder: There are some that might be willing to wait, We don't know, Councilman Krieger; I,find the report which I have read quite interesting on the subject matter of North Azusa Avenue, That was the real reason.why I was ipterested in seeing such a study, If we.never do another thing with it, at least speaking for myself, it is beneficial, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the North Azusa Avenue Study be referred back to the Planning Commission for appropriate action at such time and in such form as the Planning Commission desires and following such action for the North Azusa Avenue Study to be'referred back to the City Council with their recommendations, REVIEW PLANNING COMMISSION ACTION So indicated by Mr, Flotten, OF OCTOBER 209 1965. The discussion was as follows, �. PRECISE PLAN 263, Rev, 5 Save -Co Approved Councilman Krieger; I have a call-up on Precise Plan No, 263, Revision 5, Save -Co,, This was a request for two signs in Zone C-2, Civic Center architectural approval required. This was approved by a three -to -one vote of the Planning Commission, I request that this matter be called up for.a redetermination of the approval of the sign facing the Civic Center in this area, I would like a reconsideration and a rehearing by the Council,. For.the benefit of the applicant in preparing his presentation, my particular interest is in that one sign facing Service Avenue, PRECISE PLAN 571 (This matter was taken care of Hotchkiss at•the October 6, 1965 meeting Denied of the Planning Commission,) Councilman Heath At the last Council meeting I questioned the calling up of the sign request for the Hotchkiss shopping center, I understood indirectly that Mr. Jett, before he left wanted to call.this up before the 1: 0Council, I was not completely advised on what grounds, At the last. Council meeting I brought up the fact I would like to have this brought up before the Council, My reason for wanting to bring it up was because I understood this sign was to be for the entire shopping center, I was told by the staff at that time there had been an agreement reached with the property owners and since then I understand this is not the case; that the property owners and the City are still far apart, I would like to call that item up before the Councilmon the request for.Mro Jett and also on my reque-st,' I understand the hearing was,on the 6th of the month and they did not receive their notification until the 20th of the month and I understand then there -18- t C, C, -10/25/65 Page. Nineteen REVIEW COMMISSION ACTION OF 10/20/65 (PRECISE PLAN 571) - Continued • is a 20-day grace or probation period running beyond that, making it a possibility of 40 days after the hearing before the thing can become final, Mrs, Preston's opinion was that within a matter of a few days a postcard could be forwarded to the applicant.stating that their case had been approved or denied, This could serve as a notification. The only problem with this is that it wouldn't have the conditions imposed on it, 'RECREATION AND PARKS None 'GENERAL MATTERS ORAL COMMUNICATIONS None • WRITTEN COMMUNICATIONS ARTHRITIS FOUNDATION REQUEST Motion by Councilman Krieger, seconded by Councilman Heath, and.carried, to grant permission to the Arthritis Foundation'to conduct their annual fund raising campaign from February 4 to 69 19.66, AMERICAN ART WEEK Mayor Nichols- We have a request from the West Covina-WQman's Club requesting that.the week of November l to 7, 1965 be'de'lcared American Art Week, They are also calling our attention to the amateur art exhibit at the West Covina library, If there are no objections, I will so proclaim, So proclaimed, YORTY LETTER RE CITY BEAUTIFICATION MEETING Mayor Nichols- We have a, communication from Mayor Yorty of Los Angeles stating that he has called a conference onaction for community beauty on Saturday, November 13, 1965, They expect,a large attendance and are inviting participation on behalf of the City, I believe a copy of this letter has been forwarded to West Covina Beautiful, If any member of the Council would like to attend this meeting, you are invited, . ®19- • Co Co 10/25/65 Page Twenty WRITTEN COMMUNICATIONS - Continued LETTER FROM WEST COVINA BETTERMENT ASSOCIATION Mayor Nichols: We have a letter to the Mayor and Councilmen from the West Covina Betterment Association indicating they are conducting a Citywide information meeting to cover the important water election that is scheduled for the 2nd of November and to provide further public informa- tion concerning the election proposals,, They have invited the Mayor to attend the meeting,, I am obligated that night and it is an unavoidable conflict,, I think it would be fitting if a representative of the City government from the Council was present,, Councilman Heath, would you represent.the Mayor at that meeting and bring greetings to those participating from the City of West Covina and indicate to the assemblage why the City Council of the City of West Covina is strongly advocating a "Yes" vote on this annexation? Councilman Heath: CITY ATTORNEY ORDINANCE N0. 944 Z.C.:'354 -' Aschenbrenner ADOPTED I would be glad to,, The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 3549 Aschenbrenner) 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 Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: Councilman Jett Said ordinance was given No,, 944,, ORDINANCE N0, 945 The City Attorney presented: dmefiftgnt`: No, '.71a "AN ORDINANCE OF THE CITY COUNCIL CivicCoate_r_ Area OF THE CITY OF WEST COVINA AMEND - ADOPTED CERTAIN PROVISIONS OF THE WEST • COVINA MUNICIPAL CODE DEFINING THE CIVIC CENTER AREA" Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, to waive further reading of the body of the ordinance. ®20® C, Co 10/25/65 ORDINANCE NO, 945"®;'Continued Page Twenty -One Motion by Councilman Krieger, seconded by Councilman Snyder, that said ,ordinance be adopted, Motion.passed on roll call as follows: Ayes; Councilmen Snyder, Noes: Councilman Heath Absent; Councilman Jett Said -ordinance was given No RESOLUTION NO, 3265 Z. C.."355 ;7!." Sugar ADOPTED. Mayor Nichols., Krieger, Mayor Nichols 945, The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A REQUEST FOR A CHANGE OF ZONE." (ZC 355, Sugar) 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, Noes: Councilman Heath Absent: Councilman Jett Krieger, Mayor Nichols Said resolution was given No, 3265, ORDINANCE INTRODUCTION Z.£;.. 351 - City Initiated The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES TO ZONE R-P" (ZC 351, City Initiated) City Attorney, Mr, Williams: A couple of weeks ago we had a number of parcels included in a City initiated zone change and Pucci zone change. In the City initated one there were two parcels that went to R-P, I inadvertently picked up only one to put into the R®P zone, This ordinance covers the other one which you already had approved at the hearing and I simply omitted on the ordinance. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that said ordinance be introduced, -21® CoC', 10f25I65 CITY ATTORNEY - Continued • ROOM TAX ORDINANCE Page Twenty -Two City Attorney, Mr, Williams: I have had a couple of calls and a letter sent to me addressed to the City by Mro R. E, Allen, who is a receiver and commissioner in bankruptcy and has been around --here for a good many years and manages a great many properties, iapparently including some in West Covina, We have adopted a room.tax ordinance. It is supposed to be a tax upon transients, We define transients as follows: (Read appropriate section from::said ordinance.) Mr. Allen points out, and it seems good, that there are several months in the year that contain only.30 days, including,_this one, February contains less__than 30 days,�J.Any person renting an apartment, and a vast number do v without a written lease, but on a month -to -month tenancy, that moves. -in on the lst of.November and.pays a month's rent, he is paying for 30 days, This says he is a transient if he only pays for 30 days unless he has a written agreement for longer, So, on every day he has to withhold under this ordinance and transmit to the City until the man stays more than 30 days and apparently is entitled to give it back again to the man. This ordinance we took from' a model ordinance, I think prepared by the Leagueo I doubt that anybody thought of this thing but it seems to me there is no great magic in 30 and if we made it a few days less than 30 we would avoid this problem of the month -to -month tenancy and still catch what is a.legitimate transient. I think it would take two amendments, First, you would have to change the 30 days and you would have to provide that if he has paid in advance for more than so many days he is not deemed to be a transient, Councilman Krieger: You are going to get another letter from some other people if you start putting in "pay" because the rental agreements they have in some of their apartments may not actually provide for that, Mayor Nichols: You can.say anybody who has paid or made arrangements to pay or a committal to pay shall not be deemed, City Attorney, Mr, Williams: Councilman Heath: City Attorney, Mr, Williams: Mayor. Nichols: the ordinance and if you qualify it on that wouldcover it, Councilman Krieger: Unless there is an agreement in writing or payment for more than "X" number of days, Can they get around the statement "agreement in writing'? It would be payment for more than blank number of days in advance. I think if you reduce it to 25 days you will come safely within the "deemed to be!', I believe I think Mr; Allen has a -valid point and this should be brought to the attention of the League, as wello -22- Ca C, 10/25/65 Page Twenty -Three ROOM TAX ORDINANCE - Continued • Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that.the City Attorney be directed to prepare changes to our existing ordinance regarding the room tax so as to reduce the time period to 25 days.or less and provide for written agreement or in lieu of payment in advance for"the rental period, CITY,.MANAGER REPORTS CAPITAL IMPROVEMENTS PROGRAM City Managers Mr, Aiassa> I would recommend that you accept the report and direct.the staff to proceed as outlined 'in the report and direct the Finance Officer to correct any reallocation of budget appropriations as per the report.. ....Councilman Snyder; I think we should all be aware of the fact that this is, in effect, sort of programing accounts, If we are short of money next year due to this, we should be willing to accept the blame. I think it is programing, ;_.,accounts in a good cause, however., • Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept the staff report with respect to the Capital Improvements Budget and move that the projects as set forth in the report of .October 7,:1965 regarding the Public Works breakdown be reassigned as therein indicated and the staff be directed to proceed with the design and phases of these projects in order to expedite and accomplish the work as soon as possible, City Manager, Mro Aiassae. We have a report from the staff dated October 7, 1965 re.Public Works Breakdown of Capital Budget Detail, I would like. -.this spread in full in the minutes: "In accordance with the .Council's request and your direction, we have broken down the Capital Budget Detail Report as presented by.the Finance Department on October 4, into seven (7) different public works funds, They indicate those projects that can proceed without delay, partial procedure without delay, and projects which can be deferred for a short period of time until right of way, ,private funds and the public funds are made available. You will note that all of the projects recommended for transfer to other more expedient projects are new projects from the Section 186,1 Gas Tax Funds Budget, We are able to recommend and make these transfers because the fund is more or less • flexible and much of the actual monies will not be in our hands until after the end of this.fiscal year, approximately in August, 1966, The groups of projects as listed on the breakdown sheet are as follows: Group 1 - New projects this.year; no hold up anticipated Group.2 -.New projects this.year; some delay anticipated some transfer involved -23- Co Ca 10/25/65 Page Twenty -Four. 'CAPIfiAL IMPROVEMENTS PROGRAM ®'Continued • Group 3 - Old ro'ects; can roceed.now to completion P �. ► P p tion . Group, 4 Old projects; can proceed. now on'''partial basis no transfer Group 5 - Old projects;:cannot proceed - recommend transfer Group 6 Recreation and Parks Department projects Group 7 -.Other than Public Works projects "Discussion: Group 1 No comment necessary, "Group 2 This group of projects is financed by Section 186.1 Gas Tax Funds. It is'possible that by the time the actual funds are made available to us we could, with outside engineering help , have the projects.designed and ready for negotiation with property owners for right of way, participation funds', etc.In order to avoid the negotiation delay', we will recommend additional projects.for the use of transfer money from this group. ! "Group 3 - No`comment. "Group 4 _ This group of projects, while they seem to be more or less indefinite, the funds as budgeted are needed for current negotiations, right of way appraisals, and City.participation in various sma1l. projects made necessary thamugh precise plan developments. "Group 5 - Only a portion of one project will fall into this group, that portion of the Barranca Street, Cortez to Garvey, financed with County Aid to City Funds, Account 134..'This project was left in Group 4 to allow us to continue negotiations with the County of Los Angeles Road Department for cooperative improvements --in the vicinity of Cortez Street, Sixty Thousand Dollars ($60,00) budgeted to this project in Group 2, from Account 13.5., will be recommended for transfer to another.project. "Group 6 - No comment. "Group 7 - No comment. "REC-OMMENDATION: It is recommended that the transfer monies from roup 2 projects totaling $1839000 be.-rebudgeted to the following.projects. C-146 Street Improvements Merced $ 239500 Extension at Glendora SP-6508 Change limits of project to read 59,500 'Glendora Avenue from South City • Limits to State Street' (addition to project for street .improvements) -24- C. C. 10/25/65 Page Twenty -Five CAPITAL IMPROVEMENTS PROGRAM - Continued: SP-6618 Street Improvement - Lower to 75,000 • grade Merced Avenue ,fr.om-Val_inda Avenue to .Glenview Road SP-6619 Street Improvement -.Citrus Street 25,000 from south City limits to Lark Hill Drive "It is further recommended that these projects be assigned to private engineers for de- sign in order to expedite and accomplish the work as soon as possible." RADIO RELAY STATION STATUS City Manager, Mr. Aiassa: We have the possibility of instal- ling a unit at the Pickering Fire Station. We are using the professional services of Motorola and also the F.C.C. to see if it can be cleared. It will save us approximately eighteen or nineteen thousand dollars. • Mayor Nichols: I think that is very fine, the fact that we thought we were going to have to spend a large amount of money for this and that the indications are that it will be much less expensive. RIGHT OF WAY ACQUISITION Azusa Avenue - City Manager, Mr. Aiassa: The Council received a report of October 15, 1965. We have met with the property owner and we reviewed the precedence estab- lished in one other area, the Jackson property. The only provision to this proposal of the applicant in City Project SP-6407 is this parcel of land. Perhaps the City Attorney can clear whether or not if we acquire this extra piece of land that it can be turne& over to the applicant. Can this be a condition of an agreement? City Attorney, Mr. Williams: We would have to put an "if" in front of it. Mayor Nichols: This was gone into in some de- tail in an executive session and the question arises as to whether this should again be discussed in executive session. • City Manager, Mr. Aiassa: I would say it is advisable be- cause there are conditions in here that maybe the Council would like to debate among themselves. -2 5- Co C. 10/25/65 Page Twenty -Six RIGHT OF WAY ACQUISITION (AZUSA AVENUE) - Continued • Councilman Heath: I think it would be a good idea _ .`Mayor Nichols: We will recess to an executive session to discuss this matter. (Short recess). Motion by Councilman Krieger, seconded by Councilman Snyder, that the.:. staff be directed to prepare and submit to the Brutoco Development ....Company and Aroma Company a counter offer,as per their report of October 15, 1965, which shall contain the four recommendations set forth with the exception that Recommendation 3 will read that the City of West Covina will provide paving, curb and gutter contiguous to these parcels together with sidewalks except that in the event that Brutoco Development Company obtains title to'the exci�ps Valencia Water property from the City of West Covina that the sidewalk pro- vision be deleted as a responsibility of the�City and that such responsibility will devolve upon Brutoco Development Company and Aroma Company and that upon acceptance of such counter offer the City Manager and the City Clerk be authorized to enter into and execute such an agreement to such effect. Councilman Krieger: As far as the timing of the sidewalk improvement, it would be properly -within our province to make ita condition that in the event that the Brutoco Development Company must install the sidewalks that such.installation must be concurrent with the paving, curb and gutter improvements? City Attorney, Mr% Williams: Yes. This might take place before the actual determination of whether we make the exchange because it might take some time to get the trial on the actual valued Councilman Krieger: gutter or the transfer of the excess is the later event occurring? How about in the event installation, paving, curb and Valencia Water land, whichever City Attorney, Mr. Williams: That the City will put them in but in':.the event-Brutoco Development does not receive the excess Valencia Water Company property he will reimburse the City for the cost. Mayor Nichols: In the event that he gets the excess land. City Attorney, Mr. Williams: That's right. If he gets the excess land he reimburses the • City for the cost of installing the sidewalks. .Councilman Krieger: Add to my motion that Condition 3 provide that the City will initially expend the monies necessary to install sidewalks concurrent with the other improvements, but in the event that the excess property obtained from the Valencia Water Company is transferred,to Brutoco Development Company that concurrent.with such transfer the City be reimbursed the funds expended for the sidewalk improvement. -26- Co Co Zat25/65 Page Twenty -Seven RIGHT OF WAY ACQUISITION (AZUSA AVENUE) - Continued Councilman Snyder: I seconded the motion and I will accept the amendment. Action on Councilman Krieger's motions Motion passed on roll call as follows: Ayes- Councilmen Snyder, Krieger, Heath, Mayor Nichols Noels None Absent-, Councilman Jett GENERAL PLAN REVIEW City Manager, Mr, Aiassas The Council has a report from the staff dated October 15th, Councilman Heath: In light of the fact I brought this up and after reading the report, I would suggest to the Council that we do not pursue this any further. Councilman Krieger: I would agree, Motion by Councilman Heath, seconded by. Councilman Krieger, that the staff's report on the General Plan Review be received and placed on file. Councilman Snyder: Home Savings is coming up the first of January. It seems we will take it up at that -time or hold it over again, I think we should be prepared to go ahead with both that and a revision of the General Plan for the City. Mayor Nichols: The -indication in the report would be that the time involved in preparing for a revision would run well past January at best, Councilman Snyder- However,. if we are going to be able to take up the Home Savings and Loan plan from our viewpoint and with Dur consultants, we are going to have to hold off even longer unless we get this started now, Councilman Krieger-, I don't think it necessarily follows because we are considering some revisions to the General Plan that an area that isn't presently within our General Plan, the Home Savin s and Loan property, can't be separately considered when it comes up n January-, 0 Councilman Snyder: I agree it can be separately considered. I feel it should be considered as a whole. Councilman Krieger: If we follow that suggestion to its logical conclusion then we could not consider it in January because they say they need 12 months of preliminary work. -27- r� L C C 10/25/65 GENERAL PLAN REVIEW - CONTINUED: Page Twenty -Eight Councilman Snyder: I agree. If we have toehold it for - 12 months of preliminary work in Jan- uary, that is 12 months more. If we start the preliminary work now at least we can save two months of that time. Action on Councilman Krieger's motion: Motion carried. (Councilman Snyder voted "Noll.) M STREET MAINTENANCE DEFICIENCEY REPORT City Manager, Mr. Aiassa: The staff has done quite a research' job. I think the most potent part.of the whole report is the last page showing the totals. (Gave brief summary of the report as follows:) :'TOTALS 1965-66 Slurry $ 1,717 Oil & Chips. 1,478 Gilsonite 6,622 1i" Resurface 20400 1966-67 Slurry 11,052 Oil & ,Chip,s 21,626 Gilsonite 15,608 1i" Resurface 15,312-- 1967-68 Slurry 655 Oil &.Ch.ips 12,891 GilsoAite -0-. 1j1l_....R6.sur.f.a.ce 39,1502 NOTE: Garvey Avenue South and Garvey Avenue North are not included in the above figures Cost estimate for Garvey Avenue South slurry seal is $5,444 Cost estimate for Garvey Avenue North slurry seal is;$4y8 7 Maintenance on the frontage roads is contingent upon formal acceptance of the frontage roads by the City of West Covina" Mayor Nichols: It is an eApellent report. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, to accept the Street Maintenance Deficiency Report as recommended and direct the staff to incorporate it in their long-range plans for im- provements to the City streets and submit specific recommendations for budgetary action, RESOLUTION NO. 3266 Temporary..Employees ADOPTED The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 11, 12-AND 13 OF RESOLUTION NO. 1277 RELATING TO HOLIDAYS, VACATIONS, SICK LEAVE, FOR TEMPORARY EMPLOYEES REPLACING EMPLOYEE ON MILITARY LEAVE" -28- Co Co 10/25/65 RESOLUTION NO. 3266 - Continued: Mayor Nichols: Page Twenty -Nine Hearing no objections, we -will waive further reading of the body of the resolution, Councilman Heath: I think the point that needs to be cleared up is whether these temporary employees take complete physical examinations. You want to know what kind of a man you are hiring. I think temporary help should be required to go through the same physical as a permanent employee. City Manager, Mr, Aiassa: Mayor Nichols: We could refer that to the Personnel Board, I think that is a separate issue, but I think it is a well made point. 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 ....... ,Jett Said resolution was given. No. 3266, ,' Motion by Councilman Heath, seconded by Councilman Snyder, that the Person- nel Board be instructed to review the requirement of a complete physical examination for temporary employees under the same examination as thecper- manen.t. emp.lo.yees Councilman Krieger: Are we talking about temporary employees ...._1111-ing a.,position in .which a person has permanent classification or are we talkiftg about part-time, extra help, that type of situation? Councilman Heath: I am talking about the person who takes the place of a man called into service; along -term substitute. Action on Councilman's motion: Motion carried. City Attorney; Mr, Williams: PERSONNEL BOARD RECOMMENDATION Reclassification You don't have to amend- thy' rule -a In hiring the temporary help you can do it any way you want to. City Manager, Mr, Aiassa: The Council has a full report on this " and a communication from the Chairman of the Personnel Board, Most of these positions have no change. (Gave brief summary of the matter as follows:) "The Personnel Board has discussed and recommended the following changes in two areas of Personnel, I. Amendments to the Personnel Resolutions. Section 11, Holidays, subsection (f); Section 12, Vacation, sub- section (f); Section 13, Sick .Leave-,.-su sec lon..(j), 590 • C. C. 10/25/65 Page Thirty PERSONNEL BOARD RECOMMENDATION - Rec,lassification - Continued: "The following clause to be inserted in the above sections: Provided however, that a temporary employee who'is filling a position in which a person on Military Leave has permanent classification -and the right to return, shall be entitiled to the same holidays (vacation) (Sick LeaveYas he would have been entitled.,: to:: had he not been..on...temporary employment. 2. RECLASSIFICATIONS The following reclassifications Have Been aeveloiied by the -City staff and reflect slight changes in the make-up of the City's Person- nel System. The majority of the reclassifications are concerned with -minor job description changes. One such reclassification results in an increase in pay (Division Secretary); two are new positions already approved by the Council in the Budget (Planning Aide and Planning Associate); and four show reductions in the pay rate (Recreation Aide, Recreation Assistant, Recreation Leader and Sr. Recreation Leader), The in- cumbents'.now, receiving'r.ates�?which ake^m6ke:_,than those proposed will be "Y" rated until the flat hourly rate meets their firesent rate. MOTION: Mr. Sornborger: I will make a motion that Sr. Building Inspector new job description be accepted as presenttd,;Division-::. .) Secretary to Range 19 and the new job description be accepted as presented; Planning Associate. new position be created with a recommended salary range of 27a and the new job description ac- cepted as presented; Planning Aide new position, Range 19a and new description accepted as presented, MOTION: Mr. Sornborger, I make a motion that the position of - Recreation Assistant be created along with the specified job description and hourly rate of $1.15 per hour; and that the new job description fdr Recreation Aide be accepted; and Sr, Recrea- tion Leader be changed from a step range to a flat hourly rate of $2.0 53 per hour. MOTION: Mr. Sornborger: I make a motion that the job description for Recreation Leader be amended under the section 'Training and Experience' to read 1250 hours of regular part-time recreational experience may be substituted for one year of college training'. MOTION: Mr. Chamlee: I move that we accept the recommendation of the inclusion of 'custodial' in the job description for main- tenance man. MOTION: Bat, Chief Short: ' .owe would like to recommend 30 units. This is basically one year of college. So from his talk with.us we did establish the 30 units on the idea education develops the em- ployee faster, he learns his job quicker, he adjusts to the different „ conditions of a job faster.' Chairman Zoelle: In view of hearing Bat. Chief Short, and I think he did a real good j_ob_.in...prese-nting..this to us, I will entertain a motion that we accept his recommendation." RESOLUTION NO. 3267 The City Manager presented: Certain City Positions "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 1277 AS IT:RELATES TO CERTAIN POSITIONS WITHIN THE'SERVICE OF THE CITY" 30- V- • • Co C. 10/25/65 RESOLUTION NO. 3267 - Continued: Mayor Nichols: Page Thirty -One Heading 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:i Councilmen Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: Councilman Jett Said resolution was given No. 3267. PERSONNEL BOARD RECOMMENDATION Extension or leave of absence (Captain Gaines) Motion by Councilman.Krieger, seconded by Councilman Heath; and carried, that Captain `Ga nes:be granted an extension of his leave of absence with pay to December 15, 1965. RESOLUTION NO. 3268 Civil Defense. .ADOPTED Mayor Nichols: The City Manager presented: " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST.COVINA AUTHORIZING THE REIMBURSEMENT OF CERTAIN EXPENSES OCCUR$ED BY CIVIL DEFENSE DEPARTMENT EMPLOYEES" 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 Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: Councilman Jett Said resolution was given No. 3268. COVINA SCHOOL DISTRICT AGREEMENT FOR TRASH REMOVAL City Manager, Mr. Aiassa: They want an agreement whereby an ad- ministration of trash pick-up of their schools is handled by the City. Motion by Councilman Heath, seconded by Councilman Krieger, to approve the trash removal agreement with the Covina School District as outlined in the . report of October 22, 1965 and that the Mayor and the City Clerk be auth- orized to sign the agreement. City Attorney, Mr. Williams: If Mr. Thorson increased his rates and we have agreed to an amendment, we can't get out of it. We have to keep giving the school the service. Mayor Nichols: He can't increase his rates except by our concurrence. We would not concur. We would negotiate. -31- r� U 0 C. C. 10/25/65 Page Thirty -Two COVINA SCHOOL DISTRICT - Continued: - Councilman Heath: I will amend the motion to read that the contract also contain a'provision whereby the City can cancel the contract within 30 days and should there be any rate increase by the trash collector, that this rate increase be forwarded to the Covina School District. Councilman Krib&k— I will -accept the -amendment, City Attorney, Mr. Williams: We specify the days of pick-up and'the like. These things from time to time have been amended. Couldn't we have some kind of a clause? City Manager, Mr. Aiassa: Authorize the City Attorney to put in the proper language to protect the City as to trash fees and charges and etc. City Attorney, Mr. Williams: We could add a revision that the City may terminate this agreement at any time on 24 hours notice in the event its basic contract with West Covina Disposal Company is amended, Councilman Heath I will so amend my motion. Councilman Krieger: As I understand the addition, it is of paragraph 5 and provides for 24 hour no.tice,of the City of termination on the part of the City in the event of an amendment in the contract. I will accept the amendment to motion. . Action on Councilman Heath's motion: Motion passed on roll call as fo11oy% Ayes: Councilmen:Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: Councilman Jett. ADDENDUM TO SEWER MAINTENANCE REPORT Councilman Heath: I feel that in a case of sewer cleaning and maintenance.that this is not a job that is easy to employ people to do. I feel the service we are getting at the present time .is the....s.ervice .that is needed and should there be more service needed that there would be more service given for the same amount of money. I feel that .if this is taken under the City management that it is taking on an obligation which the City cannot perform as efficiently as an individual could. I feel the City would be building an empire of more employees. 'I feel further that it would create*problems for the employment of men to work in this department and can give us nothing more than head- aches. For the money we pay for this service, it is well spent from my way of looking at it and this is oaie service which I feel that this City can well afford to put out on contract. I would call to your attention to the next to the last paragraph on the first page: "The most economi- cal method of receiving services is through a private firm." Mayor Nichols: That was the recommendation. Councilman .Heger: There is one sentence, second to the last paragraph on Page B, second sentence. "When our sewers get to the age that cleaning one- third the lines each year no longer is adequate, or when our system gets to the size that a three-man Crew could clean only one-half our system every year, it will become most economical for the City to perform its own maintenance." What does that mean? -32- a` • Co C. 10/25/65 ADDENDUM TO SEWER MAINTENANCE REPORT - Continued Page Thirty Three Public Services Director, Mr. Fast: The reason that we are not recommending that the City go into the business now is that a three-man crew would not be economical because they would be doing other tasks, We couldn't apply them to the cleaning of sewers full time. There isn't that much cleaning to do. I think that the break point to go into the maintenance business ourselves is such a time when the three-man crew working full time to clean the sewers could only get half of our sewer system clean a year. In that sentence, the word "only" should be omitted. Mayor Nichols: We are suggesting we go to a private contract for sewer service over the next few years and during that.time to review it and if we reach the point that it appears there will be an economic saving to hire employees, at that time you will come back and recommend it. Public Services Director, Mr. Fast: We have recommended a seven -step procedure. Councilman Snyder: A motion accepting -the report would approve all seven steps? Councilman Heath: Under the recommendation it •goes to C where it says, "To set up a surplus fund which would provide such capital to equip a City crew at the end of a three-year period." I strongly oppose that recommendation. Councilman Snyder: It doesn't say that in recommenda- tions A, B and C. Mayor Nichols: Item D gives a choice of going in and doing this ourselves or going into further contracts for this work to be done. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this report be accepted and placed on file. SCAG.: MEETING October 28, 1965 City Manager, Mr, Aiassa: Mayor Nichols: Councilman Krieger: Mayor Nichols: City Manager, Mr. Aiassa: The meeting is scheduled from 9:30 A.M. to 4:30 P.M. Councilman Jett is our representa- tive and Councilman Krieger is our alternate. If this meeting is going to take place this Thursday, I will be in trial. What would happen if we didn't have representation there?. They are trying to create an organization. _;3;3- C. C. 10/25/65 SCAGS MEETING - Continued 0 Mayor Nichols: City Manager, Mr. Aiassa: Page Thirty -Four. It doesn't appear that we have anybody available. Some staff member can go there and pick up the data but we have no voting privileges. Mayor Nichols: I think this is a fine idea. I think the Council would agree with me in asking someone from the staff to go. Councilman Krieger: Mr. Williams, could you make a recommendation that other cities are going to have the same problem. If they are going to schedule their meetings during the day, there will be a problem of attendance. City Attorney, Mr. Williams: They experimented with this and. they found that evening meetings run into the same difficulty. This is really a very important meeting because this is the meeting where there will be elected the representative who represent all the cities of the County on the executive board of SLAG, Also, the by-laws will be approved and the City of Los Angeles will submit amendments to the by-laws which I.have worked on with Robert Arenbergh, Councilman Krieger: I think it can easily be distinguished that a councilman who doesn't make a full-time living out of.being'a councilman might probably during the daylight hours be engaged in making a living. I don't think it is a very complicated point. I don't know what the qualifications for a councilman are supposed to be, but if they are to be independently financially wealthy or retired, then perhaps we ought to redraft our election code and exclude everybody else. I would like to participate in this type of organization. I would like to be present at this type of meeting. Frankly, if I have to choose between representing a client in court, for which I am going to be remunerated and for which I am dependent, and attending a meeting of this type, I will be in court. City Attorney, Mr,, Williams: REVIEW BOARD MINUTES 10/15/65 I will bring your point up at this meeting. Councilman Krieger: On Page 3 the motion by Mr. Fast and seconded by Mr. Fowler that the plan cannot be considered until such time as the Planning Commission is satisfied that adequate parking now exists for the use, I agree with the concern of the Review Board with the problem down there, but my question went to what is the next step in finding out whether there is compliance, and if not, what steps are going to be taken to enforce compliance? -34-- • 9 Co co 10/25/65 REVIEW BOARD MINUTES (10/151/65) - Continued Page Thirty -Five Planning Director, Mr. Joseph: The Planning Commission has before it a joint parking agreement between the Caravan Inn and Farmers Insurance. There has been difficulty on the part of the Caravan Inn to get Farmers Insurance executives to sign this parking agreement which would give them a joint parking use. The Planning Commission has held this over for 90 days and that 90 days has around 45 days yet to go. Until this joint parking agreement is consumated, if it is consumated, they have a difficulty in the number of seats that they are permitted inside their restaurant and bar area, and we have a report coming from the Building Department on this. Councilman Krieger: I think the situation down there . is deplorable. In reading your Minutes it seemed to me that the question that immediately was before the City was whether or not there isn't presently a violation down there. I appreciate where this joint parking agreement may be somewhere in process, but that would not excuse the applicant from compliance with the approval that he had on his precise plan. I think this is an enforcement problem right now. Planning Director, Mr. Joseph: This was discussed by the Review Board. We have asked the Building Department to go out and make a firm investigation of this and we will report back to you by your next meeting. Councilman Krieger: I would like to see such a report. Councilman Snyder: I certainly agree with your comments regarding the parking there. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Review Board Minutes of October 15, 1965 be approved and that the staff be directed to submit a report to the Council at our next regular meeting on the parking situation at the Caravan Inn. CITY CLERK A.B.C. APPLICATIONS Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Council voice no protest on the application for on -sale general alcoholic beverage license of Thomas E. Muchmore at 1831 West Badillo Street; that the Council voice no protest on the application for on -sale beer license of Mike Vito and Nancy Jo Cimmarrusti, dba Love's Pit Barbecue at 510 South Glendora Avenue. COUNTY ZONING CASE NO. 4968.-1 City Clerk, Mr. Flotten: There will be a hearing on November 18 before the Board of Supervisors on Zone Case 4968-1 for C-1 zoning at Orange and Francisquito. .-35_ • • C. Co 10/25/65 COUNTY ZONING CASE NO. 4968-1 - Continued Mayor Nichols: CITY TREASURER Page Thirty-3'ix We still have a two -to -two vote on this so we'll leave it alone. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Treasurer's report for the month of September, 1965, be accepted and placed on filed MAYOR'S REPORTS LARTS Mayor Nichols: With the concurrence of the Council, it fits in quite well with our SCAGS representation, I would like to ask that Councilman Jett and Councilman Krieger serve as delegate and alternate. City Attorney, Mr. Williams: Mayor Nichols: City Attorney, Mr. Williams: MUNICIPAL CODE CONDENSATION The present appointment should be to TASC. The appointment will be to LARTS or its superceding organization. Each city should appoint a representative and an alternate to TASC. Mayor Nichols: I received in my mail tonight an abbreviation of the West Covina Municipal Code as it applies to the police officers for their use. It.is an excellent piece of work. I would like to ask the Council to join with me in commending the Police Department for their efforts to provide more efficient and effective materials for the use of the officers and for their courtesy in extending copies of this to the Council. I think the Council joins me in my thanks. COUNCIL COMMITTEE REPORTS • HUMAN RELATIONS COMMISSION APPOINTMENT Councilman Krieger: I made an appointment to the Human Relations Commission. Rev. Whittlinger has resigned to take a pastorate at Palo Alto. The first meeting is this Thursday and I have appointed Rev. Robert T., Bergman to fill the vacancy. -36— C. Ca 10/95/65 Page Thirty -Seven DEMANDS Motion by Councilman Krieger, seconded by Councilman Heath, to approve demands totalling $142,249.78 as listed on demand sheet B214 and payroll register. This total includes fund transfer of $92,241,76, Motion passed on roll call as follows: Ayes: Councilmen Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: Councilman Jett There being no further business, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this meeting be adjourned at 11:00 P.M. • ATTEST: • CITY CLERK APPROVED MAYOR T3�7-