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11-08-1965 - Regular Meeting - MinutesEl 0 0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA NOVEMBER 8, 1965 The regular meeting of the City Council was called to order by Mayor Nichols at 7:30 P.M. in the West Covina City Hall. Councilman Jett led the Pledge of Allegiance. The invocation was given by Rev. Ralph Michaels, Community Methodist Church of West Covina. ROLL CALL Present: Mayor Nichols (to 11:25 P.M.), Councilmen Jett, 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 (to 12:05 A.M.) Mr. Herman R. Fast, Public Services Director Mr. Harold Joseph, Planning Director Mr. Wallace Austin, Planning Assistant Mr, Philip Gatch, Planning Assistant Mr, Norman Yoshihara, Planning Assistant Mr, Raymond Windsor, Administrative Analyst APPROVAL OF MINUTES October 18, 1965 - Approved as submitted as follows: Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes of October 18, 1965 be approved as submitted. (Councilman Jett abstained). BOY SCOUT WELCOME Mayor Nichols: We have a large group of Boy Scouts here this evening. I wonder if their scout master would introduce himself and introduce this troop to us. Mr. Leroy Matthews: Mayor Nichols: STATEMENT OF DELINQUENCY I am Leroy Matthews and this is the troop from the Community Methodist Church. We appreciate having you with us tonight. Councilman Jett: I would like to read a letter I just received and it is addressed to me. (Read letter re complaint about the movie "Ecco".) I also received another letter from Mrs. Laird and this is addressed to me also, (Read said letter) I have prepared a statement here and I have been doing a little investi- gating into this problem. -1- Ll 4 Co Co 11/8/65 Page Two 'STATEMENT OF DELINQUENCY ® Continued . This letter was disturbing, and I asked myself if this writer was either exaggerating or unduly obsessed, However, a neighbor couple had also seen the show and the husband told me greater detail about the movie and its shocking scenes. With two such complaints I felt an obligation to inquire further, In my further remarks please remember that I have had only a few days to scratch the surface, and while I can't fully document some charges, I am satisfied as to the truth of every statement, We have a big delinquency problem, and filth in its many forms is contributing to it, Teen-age drinking, use of narcotics, venereal disease, homosexuality, shoplifting, and promiscuity are all present in West Covina and rising, While the term "gang bang" may be mysterious to some listeners, as it was to me, it is familiar to too many students and, of course, to the police, Last year Covina found two school girls were soliciting as prostitutes, For some time now, teenagers have held parties and orgies in vacant homes in our area, In fact, just three weeks ago a wild group of thirty or more were apprehended with liquor and dope, and arrests were made, I know that one local market recently sold an alcoholic beverage to .a 17-year-old girl, but for these parties many simply raid their parents' supply, Such parties are held when parents are away, and one such party in West Covina resulted in huge property damage, but the matter was hushed up, • Filth is constantly found on youth, in schools, and even in a little -league dugout, A drive-in movie only 15 minutes from here has featured very raw movies including some with completely nude persons, But, of course,, last year a local high school girl was featured as "Playmate of the Month", certainly a matter of great civic pride, Some of the most offensive literature imaginable is available in the local cities, A possible byproduct might be the local high school where at least one girl complained of homosexual advances by older girls, I took the time to consult a local expert in such matters and was amazed at her material and information, all of which concerned only West Covina, I cannot in an open meeting begin to describe what I have seen and learned, One might ask if things are so bad why isn't it a matter of general knowledge and why isn't something being done by churches and civic bodies, The answer is not simple, Because of the nature of some stories and the ages of the individuals, newspapers do.not carry some stories or fully tell them, Parents avoid notoriety and refuse to cooperate, Sincere persons who do campaign are subject to harrassment, refused cooperation, and are charged with being bluenoses or censors and bigots, These charges are leveled by the ignorant, the ashamed, and, indirectly, by those having a commercial interest in corruption, and it is very profitable, • Some leaders in churches or schools appear to think that the terms "free speech" or "progress" justify anything, As great an authority as J. Edgar Hoover has . spoken and -published about pornography and the danger it presents, A County Commission has tried to deal with this matter but appears to lack the,cooperation so essential to success, The public is.both ignorant and apathetic because those who lead have avoided their responsibility, -2- I Co Co 11/8/65 Page Three STATEMENT OF DELINQUENCY - Continued . In short, what I'm discussing just isn't nice, and so we all either ignor it, deny its existence, or smugly pass the buck. All this bees the facts I've stated, including the movie "Ecco" which featured a writings naked women covered with chicken blood as part of a Black Mass, this being one of the milder scenes. This movie was discussed at West Covina High. If anyone thinks that the problem is restricted to any one group or segment, they should know that none is immune. In fact, the so-called "better" families are more vulnerable for there is more money, opportunity, cars, and busier parents. I believe that this Council has no other responsibility greater than to show concern for the welfare and protection of our youth and that after some discussion we should take some positive beginning step at our next meeting. • I have a copy of an article out.of a magazine and when I read this, I would blush to even read out loud what is in here. The Daily Tribune had an editorial entitled "Crime and Punishment", which is a good article not directly tied to pornography but is indirectly. On the front page of the Daily Tribune is an article devoting a fifth of the front page to this story. The filth and dirty, rotten stuff that is going on here I think demands that we do something. Our newspapers print some of this and I don't think they are getting the support and help they need. I would hope that this Council would see fit to set this on the agenda and keep it on the agenda every meeting until we are able to get some kind of an ordinance or something done to start cleaning up the things in West Covina that need cleaning up. Councilman Heath: Mr. Jett, in your investigation do you feel that a considerable amount of this is in West Covina? Councilman Jett: I am convinced that there is. I would like to see this Council invite some professional opinions on this and have them come before us and explain some of the things going on right here in West Covina. I am sure that our Police Department has complete reports on this and I would like to see someone from our Police Department bring some type of record to us. Councilman Heath: Can we have a report from our staff on this condition within our City? Mayor Nichols: If that is the wish of the Council. This comes rather suddenly. I don't know what type of report would be requested. Approximately a year ago I urged the Council to take some steps in this direction and. at that time the Council was not unduly alarmed about it and we were informed with a report from the Police Department that repeatedly these matters have been determined to be matters that have been pre- empted by the State and beyond local control. I am very glad to join Mr. Jett in expressing a concern about this and whatever the Council would wish to do certainly I would be all in favor of. -3- C, C, 11/8/65 Page Four STATEMENT OF DELINQUENCY - Continued • Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the staff give the Council a report as to the seriousness of this problem in the City of West Covina and possibly some kind of a comment from Mrs, Laird, who is very active in this field, n �J CITY CLERK'S REPORTS PROJECT SP-6601 LOCATION: Various locations APPROVE PLANS 6 SPECIFICATIONS throughout the City, 1965-66 PRIORITY SIDEWALK PROGRAM APPROVED Review Engineer's report, Approve plans and specifications for Project SP-6601 and authorize City Engineer to call for bids. Motion by Councilman Heath, seconded by Councilman Jett, to approve the plans and specifications for Project SP-6601 and authorize the City Engineer to call for bids, Councilman Krieger: Regarding the appropriation of funds, the estimated cost of revised program is now $39,500, some $2,400 over the unencumbered blaance, The staff indicates analysis of the project suggests that $4,321,64 would be available from gas tax financing, What is the validity of this projection? City Manager, Mr, Aiassa: We would have to make a formal application for Section 186,1 from the State before we can spend any of the funds, Councilman Krieger: By this action are we not com- mitting the Council to expendi- ture of funds before we know -the availability from the State? City Manager, Mr, Aiassa: Councilman Krieger: City Manager, Mr, Aiassa: If the funds were not forth- coming, we might have to tailor back and extend the priority to. another year, I assume that this matter has been checked with the City Attorney? Yes, Action on Councilman Heath's motion: Motion carried, . Councilman Heath: You are not going to bid for the full amount? City Manager, Mr, Aiassa: Not as a blanket bid. We will do it in sections so the contractor can do a proper bid job, -4- %:- • C, C, 11/8/65 CITY CLERK'S REPORTS - Continued Page Five PROJECT TS-6431 LOCATION: Azusa Avenue and Workman, AZUSA AVENUE TRAFFIC SIGNAL REVISION Rowland, and Puente HELD OVER Avenues,, Review Engineer's report, Division of Highways must readvertise project due to receipt of bids in excess of 150 over the estimated cost. Authorize additional fund for participation in project,, City Manager, Mr,, Aiassa: (Read report re this matter,) Councilman Heath: Wouldn't it be better to wait until we find out what the new bids will be? It is possible we might not have to add anything, City Manager, Mr, Aiassa: Councilman Krieger: Public Services Director, Mr, Fast: Councilman Krieger: I guess we could hold it over. What is Project C-152 from which you are allocating funds? I don't recall what that is. I would like to know what we are taking away from to give to,, • Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Project TS-6431 be held over to the next regular meeting of the Council for further staff report, PROJECT RW-6407 LOCATION: Azusa Avenue south of AGREEMENT FOR RIGHT-OF-WAY Francisquito Avenue,, DEDICATION Samuel.Oschin and Review Engineer's report, William Glikbarg Follow recommendations of report, HELD OVER (Councilman Snyder entered the chambers at 7:55 P,,M,,) Councilman Jett: I think we should only abandon that portion that is on Oschin's property, If:at a later date in order to obtain access the developers at that time wanted to put a street in here, that would mean they would only have to give the entire right-of-way. I don't think we should take it away from them now,, Councilman Heath: • Councilman Krieger: the property on Azusa Avenue," constructed? City Manager, Mr, Aiassa: Councilman Krieger: It might be a good idea to hold this off until after the public hearing,, As Item 4 it says, "Construction of City approved entrances from By whom.would these entrances be By us,, These would be at the expense of the municipality or the County? -5- 0 C. Co 11/8165 Page Six CITY CLERK'S REPORTS - Continued • Public Services Director, Mr, Fast: Yes, It is part of the project. Councilman Heath: To take action on this agreement at this time would say we are agreeing to abandon certain parts of the street because the abandonment of a part of the street is a condition of this agreement. I don't know exactly how we can abandon a part of a street unless we have our public hearing. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this item be held over and be decided concurrently with the agenda item Street Vacation Of A Portion Of Azusa Avenue, (Item #9, pg.3) LOS ANGELES COUNTY FLOOD CONTROL DISTRICT LOCATION: North Lark Ellen, APPROVE AGREEMENT APPROVED Review Engineer's report, Approve agreement for deletion of certain street improvements in connection with the bond issue drain on North Lark Ellen Avenue, Refund to the City of $11,146.50. Staff recommends acceptance. Motion by Councilman Heath,.seconded by Councilman Krieger, and carried, • .to approve the agreement with the Los Angeles County Flood Control District for the deletion of certain street improvements in connection with.the bond issue drain on North Lark Ellen Avenue, • RESOLUTION N0. 3269 ADOPTED Mayor Nichols: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING BOUNDARY LINES OF DEL NORTE PARK" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None Said resolution was given No. 3269. M C. Co ' 11/8/65 CITY CLERK'S REPORTS - Continued . ADDENDUM TO AGREEMENT FOR ENGINEERING SERVICES 1964 FLOOD CONTROL STORM DRAIN PROJECT 8402 Walsh-Forkert-Hutchison Civil Engineers, Inc, HELD OVER is Page Seven LOCATION: Azusa Avenue from Walnut Creek Wash to San Bernardino Freeway, and Azusa Avenue at Walnut Creek southerly in Azusa Avenue, and southeasterly in natural ravine to Vine Avenue, east of Hollenbeck Street, Review of revision of wording of agreement dated December 29, 19649 as requested in letter from Los Angeles County Flood Control District, Staff recommends approval, Public Services Director, Mr, Fast: I would suggest we hold this over to our next meeting. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this matter be held over to the next regularly scheduled meeting of the City Council, SCHEDUhED MATTERS 'BIDS PROJECT TS-6439 TRAFFIC SIGNALS LOCATION: Sunset and North Frontage Road, Bids received in the office of the City Clerk at 10:00 A.M., on November 3, 1965, The bids received are as follows: A.E.C. EAGLE ROCK 10% bid bond $ 139790.00 PAUL GARDNER CORP, 10% bid bond 149403,00 STEINY AND MITCHEL 10% bid bond 1495901,00 SMITH ELECTRIC SUPPLY 10% bid bond 14066,00 ELECTRIC AND MACHINERY 10% bid bond 159718.00 SHERWIN ELECTRIC SERVICE 10% bid bond 159779,00 Motion by Councilman Krieger, seconded by Councilman Heath, that the contract for City Project TS-6439 be awarded to the A.E.C. Eagle Rock on the basis of their low bid in the amount of $13,790,00, that the Mayor and City Clerk be authorized to execute the agreement, and that the unsuccessful bid bonds be returned. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None -7- M C, C, 11/8/65 Page Eight SCHEDULED MATTERS - Continued • "HEARINGS ZONE CHANGE NO, 352 LOCATION: Easterly side of Azusa Emil Galster Avenue, approximately DELETED 1600 feet southerly of Francisquito Avenue, Request to reclassify from Zone A-1-5 (County) to Zones R-2 and R-3 (City) approved by Planning Commission Resolution No, 1826, Held over from September 27, 1965, with hearing left open, Mayor Nichols: We have received a letter addressed to the City Council from E. S. Galster, dated November 5, 1965, re Zone Change No, 352, I would like this letter spread in full in the Minutes, "It has always been my sincerest intention to provide a°long range plan whereby the remaining 60 acres of my ranch on South Azusa Avenue could be developed into a high-class multiple dwelling concept, Zone Change No, 352, as recommended by your advisory board, was to be the beginning of this plan, • "The need for medium and high- class multiple dwellings is very evident, and this need will increase as the City expands and grows, "Apparently, the existing zoning ordinances in the City of West Covina do not provide assurance that the subject property, and similar property located along the North slope of the San Jose Hills, can and should be developed into multiple dwellings compatible to the surrounding homes, "Until such time as the City can adopt zoning ordinances that would control multiple dwellings in the hillside areas, I wish to advise your council that I am withdrawing my application for Zone Change No, 352," City Attorney, Mr, Williams: Our code recognizes the right' of an applicant to withdraw an application and being withdrawn, it is no longer before the Council. You simply drop the matter from your agenda. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Zone Change No, 352 be deleted from the Council agenda at the request of the applicant and that further proceedings in this matter be terminated. Ca C, 11/8/65 Page Nine HEARINGS - Continued • STREET VACATION OF A LOCATION: Azusa Avenue from 2700 PORTION OF AZUSA AVENUE feet south of Francis - HELD OVER quito Avenue to 1200 feet south of Francisquito, HEARING OF PROTESTS OR OBJECTIONS Set for October 18, 19659 by Resolution No, 3242 adopted September 13, 1965, Public hearing for vacation of a portion of Azusa Avenue opened on October 18, 1965, and held over to November 8, 1965, Mayor Nichols: This is the time and place for the hearing of objections against the vacation of a portion of Azusa Avenue as described in Resolution No,. 3242, Mr, City Clerk, do you have the affidavits relative to the hearing of publishing and posting? City Clerk, Mr, Flotten: Yes, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the affidavits be received and placed on file, Mayor Nichols; Mr. City Clerk, have you received any written objections? • City Clerk, Mr, Flotten: Not to this date, Mayor Nichols: We will now entertain testimony relative to this intended abandonment from anyone who would so desire to testify, Mr, Louis Brutocao I heard from the prior discussion 1500 West Service Avenue that only the westerly portion West Covina of Azusa Avenue was recommended for vacation. I want to go on record that our portion, too, which abuts against the property of Tract No, 29126 be vacated at this time as we do want Azusa Avenue completed at this time and to leave it open would create problems with the completion of Azusa Avenue, We have offered the City the waiver of any damages due to that and I hope they will consider our parcel in with the Oschin parcel, Mr, Francis J. Garvey 281 East Workman Avenue Covina existing Azusa Avenue, Mr. Galster the vacation of old Azusa Avenue so property on the following grounds - I represent Mr, Emil Galster, the owner of a tract of land along old Azusa Avenue, which is a projection southerly of the has asked me to protest against far as it connects with his • (1) The opening of the proposed new Azusa Avenue across the hills or to connect Azusa Avenue with a southerly terminus perhaps to the sea does not, of necessity, justify the vacation of the highway laid out by Lucky Baldwin more than a half century ago, a highway dedicated as a formal portion of a tract dedication on file in this County, and a highway considered at the time of the purchase of property as a means of ultimate access to it, and the highway used by him as an access to a portion of his property which was subsequently sold to Mr, Brutocao and through which he has continued to pass across the Brutomo tract, me Co Co 11/8/65 Page Ten STREET VACATION OF A PORTION OF AZUSA AVENUE - Continued • Mr, Galster owns approximately 60 acres easterly of the older existing Azusa Avenue -dedication which continues southerly to approximately the northerly line of Southern Annexation No, 158 to the City of West Covina, Mr, Galster has withdrawn a request for a zone change with respect to that property. However, he has not withdrawn the public record made by the City in connection with that zone change and I would like to point out to you and repeat as..part of the record of this hearing the following from the report of the Planning Commission dated September 1, 1965, This is a memo to the Planning Commission from the Planning Department, subject Zone Change No, 352, Emil Galster, Paragraph No, 2: "That the Planning Commission is aware that the Department does not concur in this request, By means of its report dated August 4, 1965, the staff did question the amount of zoning asked, the ability to gain access to the subject land from a public street, the topography as related to previous applications and the like," I would like to stress the words: "The ability to gain access to the subject land from a public street," 0 I refer now to the memo of the Planning Commission or the Planning Department dated August 4, 1.965, subject Zone Change 352, reading as follows in Paragraph 2: "Access, It may be that this application is premature. In any event, the property has no access to.a public street, Before the land could be developed or even before development could be planned, it would have to be determined how the property would be able to traverse over the land to the west which separates this property from Azusa Avenue, or the land to the north which separates the property from any public street. An overall design must be prepared showing the total access plans, It is recommended that a topographic model should be constructed. Thus far, the property appears to be landlocked," This is from the off.ical records of the City of West Covina in which it has been declared that the property is landlocked because one of its departments anticipated an action of the City Council not yet taken and which would be the abandonment of an existing dedicated, although not completed, road. Gentlemen, the abandonment of this highway 60 feet wide which provides at least potential access to 60 acres of land to my client, and I can point out to you that without this access or the procuring of some other dedication he is at the mercy of land owners to the north or in some other direction presently not foreseen. It may be that he can obtain access to his property but it may be that it would pass into less friendly hands than at present, the property to the north, and he might permanently be landlocked if this were abandoned. This is a dedicated street over a half century on the records, -10- Co Co 11/8/65 Page Eleven STREET VACATION OF A PORTION OF AZUSA AVENUE - Continued I would call to your attention extracts from two cases. The City of Los Angeles vs,, Fisk, 117 Cal, App,, 2nd, Page 172; "The power to vacate a street is vested solely in a municipality,, The act of vacating can only be done upon a finding that the property in question is unnecessary for present or future uses as a street,," I would call to your attention People vs,, The City of San Raphael, 95 Cal,, 2nd, 738, a 1928 case, which cited 62 Cal,, App. 781: "It is, of course, the law supported by every consideration of public policy that municipal authorities may not vacate a portion of a public street for the sole benefit and use of private individuals or corporations,," From the preliminary discussion which took place at the time I thought the public hearing was being started, it would appear that this street is being vacated in conjunction with an agreement with private individuals apparantly one Oschin and one Glikbarg,, I haven't the details of this before me but I am sure they are part of the City record becRuse they are made part of this item of the agenda and they appear to relate to the vacation.of this highway for the dedication of the new highway. It is perfectly proper in itself.so long as it does not interfere with the rights of others, but.the abandonment of this does interfere with a projected future use,, To deliberately destroy the only right of access from a dedicated street of a property owners a dangerous and perhaps unlawful thing to do. I ask that you gentlemen give careful consideration in your consideration of this entire matter, not as to whether the new Azusa Avenue is necessary, which I think my client will concede.that it is for the general welfare of the community, but as to whether the abandonment of the dedication abutting his property is necessary or -is a necessary correlary of the other dedication,, We request that you abandon no part of this highway in view of the languange of the.Planning Department inasmuch as by so doing you would landlock the Galster property,, Thank you very much,, Mr,, Louis Brutocao: On the purchase of the property from Emil Galster he did retain total rights over the access of Tract No,, 29126, which is the property I purchased from him so he has no landlocked condition whatsoever. As far as the vacation of the Azusa Avenue, the purpose of it being vacated is to complete Azusa Avenue and I think as Mr. Garvey pointed out, it is for the community • interest as well as all property owners in the area,, Further, I think the City has the contract of purchase agreement that myself and Emil Galster entered into in 1960 or 161 and this does spell out the terms of that agreement where it shows that he has rights over the property. I think Mr. Fast or Mr,, Zimmerman is aware of it and I think Mr,, Williams is aware of it,, -11- C, Co 11/8/65 Page Twelve STREET VACATION OF A PORTION OF AZUSA AVENUE - Continued I would like to present that there was a letter signed by Emil Galster in October, 1963 agreeing to the vacation of Azusa Avenue,, I would like to see Azusa Avenue go along on schedule and not be held up because it does create a hardship, not only on property owners, but also for the entire community good,, Mr, Francis J,, Garvey: I am not aware of the letter of 1963 to which Mr. Brutocao refers; therefore, I am in no position to comment except that a 1963 position does not necessarily bind one to a 1965 position when other factors may have entered as variables also,, Mayor Nichols: There being no further public testimony, I declare the public portion of the hearing closed, (Hearing subsequently reopened), Councilman Krieger: What is the form and extent of the access of which you speak across your property? Mr,, Louis Brutocao: The access is total. He has retained the right to traverse any portion of that property he sochsires until two adequate streets are dedicated to serve the 93 acres at the time before the dedication of the wilderness park area to the south,, This is a recorded document, Councilman Krieger: And you are paraphrasing how the document reads? Total access until two adequate streets? Mr,, Louis Brutocao: That's correct,, He has the right to enter any portion of that property north, east, west, until two streets are dedicated to the 93 acres to the south,, Councilman Krieger: Mr,, Joseph, have you ever seen this document or had it under consideration in your report? Planning Director, Mr,, Joseph: No,, Councilman Snyder: I have seen this document,, • City Attorney, Mr,, Williams: There is a document which gives to Mr. Galster the rights.to easements to cross what we might refer to as the Brutocao property to reach his property,, These are not public streets,, They are easements to go across,, Councilman Krieger: g Are these exclusive easements. City Attorney, Mr,, Williams: Not necessarily exclusive. There is an agreement that gives the right to cross the Brutocao property to reach the Galster property, But, this is not a public street. The second principle that may be involved is this: The deprivation of the right of access to a public street is a deprivation of a property right which is compensable9 -12- K C,, Co 11/8/65 Page Thirteen STREET VACATION OF A PORTION OF AZUSA AVENUE - Continued . the same as the taking of property. If you terminate it, you deprive the person of the right,, You deprive him of access to a public street, You.deprive him of access to the public street system of the City. This is compensable,, The question that would, perhaps, be a rather open question, and I can't answer positively "Yes" or "No" is this: If you vacated one-half of a 60-foot street, it would be compensable,, If you leave access to the remaining 30 feet, the remaining 30 feet, I believe, would leave a street. I would defer to someone from the Engineering Department on this, which does not comply with our street standards. Compensation has been awarded even where technical access by public street has been left. The case that comes to my mind that determined that was a case where a viaduct was built where there was a former grade crossing,, The viaduct carried the center crossing of the street over the railroad. There was left a 10-foot strip along the side to reach the property immediately adjacent to the railroad. The viaduct had to start further back so their only access was this 10-foot strip,, It was determined that was a compensable action. They were deprived of the thorough and complete access to a public street that they had before. This 10 feet gave technical access but not to certain types of vehicles with a large turning radius and so forth, This happened to be commercially zoned property, Mayor Nichols: If one half of that street were vacated and the other half were left, that half would be serving one parcel of land only,, It would, in effect, be a private street,, City Attorney, Mr,, Williams: Presently it would serve two parcels of land, Brutoc<ao and Galster, which may, of course, at a later date be divided into more than one ownership. Presently it is a public street,, The deprivation of the right of access to a public street is the taking of a property right that is compensable,, There is a provision in the proposed agreement with Oschin and Glikbarg that reads as follows, and I am not certain what it means:. "Concurrently with the giving by grantors of a grant deed in the form of Exhibit A. grantee will cause that portion of Azusa Avenue along the east boundary of the real property described in Exhibit C to be vacated and revert to grantors to the extent that the new alignment of Azusa Avenue allows for such vacation,, If the reversion described in Section 2 is made, grantors will rededicate the property vacated according to provisions of this section to the City,," • Now, this is an agreement to vacate. First of all, this is contrary to the law in that vacation depends on your determination of whether or not there is a need, a traffic need for the street; but, the thing that bothers me more than that, since half of this relates to the Glikbarg and Oschin property, the thing that bothers me is that this doesn't say "half of the street to the east of the real property described in Exhibit C,. which is the Oschin property, It says, "Concurrently with the giving by grantors of a grant deed in the form of Exhibit A. grantee will cause that portion of Azusa Avenue along the east boundary of the -13- r Co C. 11/8/65 STREET VACATION OF A PORTION OF AZUSA AVENUE - Continued Page Fourteen • real property described in Exhibit C to be vacated and revert to grantors to the extent that the reversion described in Section 2 is made, grantors will rededicate the property vacated according to provisions of this section to the City." 0 Councilman Krieger: Mr. Aiassa, your City Engineer and your Public Services Director have recommended to this City Council that we approve this agreement which concerns Oschin and Glikbarg. Our ordinances provide that all contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney. Now, the City Attorney tells me he questions the legality of a particular paragraph of this proposed agreement that is recommended to us that we approve. This has come up before and I have asked Mr. Williams this question and I have asked you this question and now I put the question to both of you. How does this matter appear on our agenda with the recommendation by our right hand to execute a contract that our left hand says is not legal and our ordinances require the left hand to tell the right hand whether the contract is acceptable in form? City Attorney, Mr. Williams: I think Mr. Garvey alluded to it. On October 29, 1963 there was signed by Emil Galster and by Louis Brutocao an agreement reading: "As owners of portion of Lot 116, Tract 930 and portions of Baldwin's Fifth Subdivision of a portion of Rancho La Puente, we hereby request the vacation of a portion of Azusa Avenue, formerly Sierra Street, as shown on the proposed plan dated October 29, 1963." Until the last few days there was a written statement that indicated that these two people that are involved agreed to this vacation. Mr. Garvev has stated tonight and before the action of the City Council vacating it has taken place that this consent is revoked. The Council proceeded upon the assumption that there was consent and the document in writing. But it is revoca.cable until it is acted on, It has been revoked by the attorney for one of the parties. Before you tonight, as you sat here, the situation was changed from one of consent to one of objection. A person is not hurt by the vacation of a street if he agrees to it. But, if he doesn't agree to it and you vacate it and it deprives him of access to the street system of the City, by this I mean he has no other equal and suitable means over a public street to reach the public street system from his property, then he is entitled to compensation. This change of events, and I believe Mr. Garvey will substantiate this, we did not know about until the last few days or so. • Mr. Francis J. Garvey: I didn't know about it until nine o'clock this morning. City Attorney, Mr. Williams: The City proceeded upon the assumption that these facts existed, that the property owners to the south consented to this vacation. It now appears that one of the substantial property owners to the east does not consent and this presents an entirely different picture than at the time you adopted your resolution of intention. -14- Co C. 11/8/65 Page Fifteen STREET VACATION OF A PORTION OF AZUSA AVENUE - Continued Councilman Krieger: Is tonight the first time you • have seen the proposed agreement between the City and Oschin and Glikbarg? City Attorney, Mr,, Williams: I have, not yet seen the exhibits attached to the agreement. I have seen the agreement previously and it contained paragraph five. Councilman Snyder: May I suggest that what we are interested in here is not doing it for the benefit of Oschin, Glikbarg, Brutocao, or Galster. We are interested in getting Azusa Avenue continued to the south. It happens that the present day County Engineers in laying out this right-of-way happened to disagree with Lucky Baldwin who did it fifty years ago. What he did fifty years ago might have been right then but it was unfortunate. I think it must be clear that, except for the one attorney on the Council, that this is more of a legal problem than a legislative one and I would suggest that we hold this over and give Mr. Williams the chance to talk to all the participants and see if we can't come to some agreement. Councilman Heath: According to the letter, the Board of Supervisors is going to.act on a right-of-way for the street very soon and as long as we don't hold up the development of Azusa Avenue I think this is a good • idea. Councilman Snyder: We want to be legal. We can have the whole thing tied up for years unless we are legal. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that this matter be held over and that the City Attorney be instructed to negotiate with the parties involved regarding the legality of the documents involved and the suitable solution and that the hearing be held open and that this be held over to the next regular meeting of the Council. City Attorney, Mr,, Williams: This situation has changed some- what this evening. I think it is possible if I could get a copy of the Streets and Highways Code that I may be able to give some more definite answer tonight. I don't think a motion to negotiate with Mr. Galster is going to do anything between now and the next meeting. There is a provision that I want to look at that wasn't highly material until now. The provision I am referring to is a provision that when a person exchanges a right- of-way for a new right-of-way for the same street for an old one which is to be vacated that the City may agree to deed to him the old in 40 exchange for the new. This may validate this. The thing that is bad about this is that this paragraph five is not clear as to whether Oschin is referring to his half of Azusa or the whole of Azusa. Councilman Heath: Our City Director of Public Works will justify that because he has had contact with Mr. Oschin and at the time of this agreement Mr. Oschin did not know how much land would come back to him. -15- c, • Co C,, 11/8/65 S°TREET VACATION OF A PORTION OF AZUSA AVENUE - Continued Page Sixteen City Attorney, Mr,, Williams: We ordered a title search after the agreement was drawn and I am informed by Mrs Fast that he has been informed by the title company that one-half of the street would revert to the Oschin ownership,, The other one-half would revert to the Brutocao and Galster ownership,, In fact, we didn't know where it would revert,, Mayor Nichols: The chair would be in the mood to declare a ten-minute recess at this time and let the City Attorney look at the code,, City Attorney, Mr,, Williams: City Attorney, Mr,, Williams: Councilman Heath: City Attorney, Mr,, Williams: That would be fine,, (Short recess,,) Have the Oschin people agreed they would accept the one-half street? Yes,, Mr,, Oschin has agreed to accept just that half. There is a provision in the law that reads as follows: "Whenever any street or portion of a street is vacated by a city under the provisions of any law of this State for the purpose of opening a new street or streets in lieu of that vacated, the legislative body of the city may, by ordinance, convey by deed its interest in the street or portion of the street vacated to the owner of the land adjacent to or fronting on the street in such manner as it deems that equity requires,," You will notice it says "by ordinance",, This would take a period of at least six weeks from now to become effective. It seems to me that probably a motion along the lines of that of Dr. Snyder.that this be continued for a period of two weeks, that during that two weeks the staff -- I don't know exactly who negotiated this agreement between the City and Oschin -- attempt to obtain an amendment of paragraph five of the agreement to state that it is a condition of this agreement to deed the new align- ment of Azusa, that one-half of the old Azusa be vacated, that the title policy will show it will go to him if it is vacated,, As it reads now I can't determine whether it means half or the whole, although Mr,, Heath has stated he has talked to the engineer for these people and they have agreed to the half. If that is the case, I think an amendment should be made of this paragraph five,, Then you face this situation: Under the law you may vacate all or any part of that which you have given notice of intention to vacate,, You could vacate the half that would go to the Oschin/ Glikbarg interest,, This would leave Mr,, Brutocao and Mr. Galster with public street frontage ona 30-foot wide street,, In order to vacate at all you must make the determination that the street is not necessary for the part vacated for public street purposes. Therefore, it would be inconsistent, in my opinion, if you do this when Mr. Galster eventually comes in for development to say, "You have to give another thirty feet.of your property so this will be a sixty -foot street again" because you would have just found that you don't need a sixty -foot -16- C, Co 11/8/65 Page Seventeen STREET VACATION OF A PORTION OF AZUSA AVENUE ® Continued • street, If you are willing to do this, I do not think, but I can't prove this, these are matters of degrees, not of mathamatics, that —if he is left with a thirty-foot street, which would leave two lanes in each direction, that he would be deprived of public street access to his property, If you are certain in your minds that Mr, Oschin and his associates are satisfied with the vacation of only the half of the street, you wouldn't have to continue this, You could vacate this tonight, the half of the street that is on their half, I think we would not be in a very good position if he later comes in for development and presents a tract map or a precise plan to say,, "Oh, you need a sixty -foot street", because then we would have taken, in effect, thirty feet from Mr. Galster and have given it to Mr, Oschin and Mr, Glikbarg, I don't think we would be subject to a suit for the taking of property for condemnation inverse or otherwise if he has thirty feet of public street to.reach that short distance necessary to get to the main Azusa Avenue, Councilman Heath: Let the record show that Mr. Zimmerman, he isn't here tonight, and myself have been quote pushing unquote Mr, Oschin to get this .agreement signed whereby we would get the right-of-way for the new Azusa Avenue, The question came up on that paragraph five as to exactly how much land Mr, Oschin would get back and the determination was made by the title company as to what portion of that land, of that abandoned street would go to who, The title company advised Mr, Zimmerman and, I believe, Mr. Fast, who in turn advised me that Mr, Oschin would get one half of this abandoned right-of-way, I know that I talked with Mr, Oschin and I believe that the staff has talked with Mr, Oschin and Mr, Oschin agrees this is what he expects, only half, City Attorney, Mr, Williams: Do you think he would be willing to amend this agreement, this section? Councilman Heath: I have no doubt at all, City Attorney, Mr, Williams: I think the real meaning of this agreement is not an agree- ment that you will make a determination that the traffic needs and so forth don't require it, Rather, if you read it within the four corners of the whole document, it is that he will deed the new alignment if the old alignment is vacated and he receives ®= now, it says that protion adjacent to his property, I don't know whether it means the half or the whole, I think it should be amended in such a form that it cannot read that you have agreed that you will decide before you have even heard it that the street will be vacated but will be stating in such a manner that if you decide that the street is to be vacated then his obligation to deed exists, If you do not decide to vacate this half that will go to him, the obligation does not exist, Councilman Krieger: Mr, Williams, about two or three months ago we had a staff recommendation that upon a request for vacation or consideration of vacation, and this was an entirely different area of the City, that certain costs and expenses, particularly involving, I believe, the title company for a search, was being involved, At the recommendation at that time was that we pass on to such owners the cost and expense that the City was incurring during the processing of these matters, -17® Co Co 11/8/65 STREET VACATION OF A PORTION OF AZUSA AVENUE ®Continued Page Eighteen It is my recollection, and I may be in error, that you stated at such time that this could not be done because the question was whether or not in the public interest this was needed, City Attorney, Mr, Williams-, That's right, Councilman Krieger: Consideration was not the issue in that matter, Therefore,, the burden did not exist first of all for the parties asking that the vacation take place and you could not place the requirement upon them finally in any way to make your deterimination. I find some trouble applying that in the present instance, Is it analogous to what we -are being asked to do here? City Attorney,, Mr, Williams: No. because I think here we are not vacating the street; we are realigning the street. True, it involves a vacation of a portion, We are not going to give up the purpose this street serves. You are going to find,.I am certain, but you have to make the finding, you can't agree in advance, that the new alignment of Azusa Avenue is the alignment you want, that it will serve the purpose intended by Azusa Avenue for traffic purposes, I am not worried about traffic purposes here, You can't charge that which you do for traffic purposes to the applicant and so forth. I think that the answer I • gave you was correct, The thing that I am concerned about here is whether or not if you vacate without the consent of adjacent properties a certain alignment so that they no longer abut upon a public street at all, have you in effect taken away a compensable property right, and I think that you have, and I don't think the two statements are inconsistent, though they may sound confusing. I think that by leaving the 30 feet if this agreement can be amended to make us sure that they are satisfied with the vacation of only the west half of the old Azusa Avenue, leaving the 30 feet does not deprive either Mr. Brutocao or Mr, Galster of access to the public street system of the City over public streets, Mayor Nichols-, It is rather obvious that they would not only be satisfied but would have to be satisfied with the acquisition of the one-half of the street in that the title search shows that the other half could not be given away, City Attorney, Mr, Williams-, This is probably a partially true statement,, but they don't have to agree to dedicate the new alignment, do they? They could have said in this agreement, and I don't know whether they did or not, if you give us the entire sixty feet by vacation, deed, whatever way is legal for you to do it, we will deed to you the new alignment, Now, it may well be true as to • what we can do to them by vacation but we cannot make them give to us the new alignment, can we? So, if they have imposed a condition, we have to make that condition something we can perform, C,, Co 11/8/65 Page Nineteen STREET VACATION OF A PORTION OF AZUSA AVENUE ® Continued Councilman Heath- The report we have here from the City Engineer states that the Azusa Avenue extension is going along according to schedule,, The Board of Supervisors is going to take certain action in December and I know that the State and the County and the City are all pushing this so I think time is of the essence,, I wonder if we may do this: May we adopt this agreement tonight and at the earliest convenience, namely tomorrow, the staff contact Mr,, Oschin for an amendment to this agreement? If he refuses to give this amendment, which I am sure he will not refuse, but should he refuse, the staff can bring it back to us two weeks from now and we rescind our action and in the meantime the State and the County and the Board of Supervisors can continue on this very important project,, I feel certain that Mr. Oschin is going to say, "Yes. I will amend this agreement", and we will then save two weeks,, Mayor Nichols: There was a motion by Dr. Snyder, seconded and passed to carry this matter over to the next meeting with the hearing held open,, I think we would have to have a new motion to bring this back before us,, Councilman Snyder,, Was it your idea also to vacate the half of the street? Councilman Heath- Just half of the street and nut it that wav and should Mr. Oschin object, bring it back and say he objects,, Councilman Snyder: Move that my prior motion to hold this over be rescinded,, Councilman Jett: I think this is a pretty serious situation in which we are getting ourselves into technically and legally and I would hesitate to vote for something which I had been advised by my attorney that there was a possibility of becoming involved in a problem here that could require compensation to get out of,, I certainly concur with Councilman Krieger in his remarks about the staff bringing something to us without having thoroughly investigated it and had the City Attorney approval of the wording of the document of this nature, and I would hope that in the future this would never happen again,, I don't think I would be willing to withdraw my second from Councilman Snyder's motion unless this was held over and the City Attorney approved the drafting or the wording of this document so that I knew there was no question about it,, If this is done then I think within two weeks time, and I am sure we will not have held anybody up to any great extent in this two weeks, that this can be resolved and at our next regular meeting we could resolve this without any difficulty,, • Mayor Nichols: It does not involve your with- drawing a second. It was a motion to rescind the previous action so it would require a positive second from anybody on the Council,, You would not be forced to withdraw your second,, Secondly, perhaps there was some misunderstanding,, The City Attorney did point out that this matter was entirely in order and there was no impropriety as far as his roll was concerned or the staff's roll was concerned, but that _19- Co Co 11/8/65 Page Twenty STREET VACATION OF A PORTION OF AZUSA AVENUE - Continued . as of nine o'clock this morning according to the attorney present, a new condition entered the picture in this situation that did not exist and no one in the City or on the staff had anv knowledge of the change of that condition until this very evening, which was the withdrawal of his permission or agreement to the vacating of this property, and so a condition developed tonight that created this whole thing, Councilman Jett: This is true, but as I under- stand what you said, what you say is true but this does not change the picture as far as the action taken tonight because the agreement was not acted upon until tonight, City Attorney, Mr, Williams: It hasn't been acted on vet, The City has not signed this agreement, The other parties, Glikbarg and Oschin have signed this agreement, The City has not yet signed this agreement, The recom- mendation to you when this came up before was to continue the agreement until the hearing on the vacation and partly for the very reason I am now mentioning, thatyou should not agree to vacate beforehand, you should hold the hearing. Then if you decide it is to be vacated, it is all right to sign the agreement. The problem right now, as I see • it, is this; You could vacate the 30 feet adjacent to the Glikbarg and Oschin property tonight, The resolution is prepared to do that, If you do, you face the possibility that Mr. Galster would contend that this does not leave him an adequate public street, I am not particularly fearful of that so long as you don't later require it to be widened at the expense.of additional property of his, The thing that I am fearful of is that if you also authorize the signing of this agreement tonight, and looking at your next item, accepting the deed, if you accept the deed it is on this condition, that concurrently with the delivery of the deed will cause that portion of Azusa Avenue along the east boundary of the real property described in Exhibit C to be vacated, "That portion of Azusa Avenue along the east boundary of Exhibit C to be vacated and to revert to the grantors," Now, this would not automatically happen but if they contend contrary to what they have apparently said verbally, "We meant exactly what it said, the entire sixty -foot width of Azusa goes to us; now deed us the sixty feet," We say we can't because we don't own it and they say, "Get it, You have the power of condemnation," Mayor Nichols: You have posed some "m,ight bes" and some 'bo uld iappensf1 to us, You are our City Attorney, We are laymen here, We are in somewhat • of an enigma at the moment, What is your recommendation to the Council? City Attorney, Mr, Williams: I repeat the recommendation: That the matter be continued until your next meeting and in the meantime paragraph five of the proposed agreement between Glikbarg and Oschin on the one hand and the City on the other be amended to make it clear that only 30 feet is to be vacated; that nothing is to be deeded and that we don't -20- C,, C. 11/8/65 Page Twenty -One STREET VACATION OF A PORTION OF AZUSA AVENUE - Continued agree that we will find that on a hearing but that if we do so their deed be accepted,, If we do not do so, their deed to the new alignment will not be accepted,, Councilman Snyder: I will withdraw my rescinding motion and move what Mr,, Williams has just said® I am adding to the first motion what Mr. Williams.just said so in essence it will be an amendment to the first motion that has already passed,, Councilman Krieger: Mayor Nichols: I would suggest if there is a motion under consideration that it be a separate motion. Would you enter this as a motion rather than an amendment to the original motion? Councilman Snyder: Move that additional instructions as stated by the City Attorney be given to the City Attorney and to the staff to act on this matter,, Councilman Jett: U I will second the motion. This will be ready for our next regular meeting? Mayor Nichols: The hearing is held over and open with these instructions with the attempt to achieve an amendment as suggested by the City Attorney,, Action on Councilman Snyder's motion: City Attorney, Mr,, Williams: Mayor Nichols: City Attorney, Mr,, Williams: Mayor Nichols: City Attorney, Mr, Williams: Mayor Nichols: • Motion carried,, The motion continues Item a) for two weeks to the next regular meeting? That's right,, There is no action on the resolution? That's right,, But there is a direction to attempt to obtain an amendment of the agreement? Right,, -21- Go Co 11/8/65 HEARINGS - Continued: Page Twenty -Two ZONE CHANGE NO. 341 LOCATION: Vacant land 170 feet north Abbey Rents of the northeast corner of HELD OVER Puente and Azusa Avenues, fronting Azusa Avenue. Request to reclassify from Zone R-P to Zone C-1 approved by Planning Commission Resolution No. 1839. City Clerk, Mr, Flotten: on October 28, 1965 and 27 erty owners in the area, City Manager, Mr. Aiassa: The notice of this public hearing was published in the West Covina Tribune notices mailed on October 27, 1965 to the prop - (Read Planning Commission Resolution No. 1839.) (Read report re this matter as follows: "Perhaps the City Council would be interested in knowing that on November 17th the Planning Commission approved Zone Change No, 358 (Calprop Investments, Inc.) to reclassify from Zone R-P to Zone R-4 a good sized portion of -the property on the east side of Azusa Avenue north of Puente Avenue, This zone change concurs with the Staff recommendation made in the North Azusa Avenue Report. The Abbey Rents zone change to C-1 appears to cloud the picture at this state, considering the fact that almost the .ent.ire block north of Puente to the existing apartments is now zoned for multiple family use, not for neighborhood commercial use. /s/ Harold Joseph" Councilman Snyder: If we are going to hold this and other matters over to review the Planning • Department report on Azusa Avenue, I think we should do that before the hearing is opened and not take testimony tonight and let the people who are going to speak on this have the opportunity to read the staff report on Azusa Avenue, Councilman Krieger: In my opinion, the applicants who are here before us tonight on these three matters pertaining to Azusa Avenue either should be aware of the report submitted to the Planning Commission that night by the Planning Department or since should have been made aware of that fact by someone. Councilman Heath: All we have done tonight is procras- tinate on everything. There are some people who would like to develop their property. I think for us to hold these people up and keep dragging these cases out is not fair to the people not fair to the City. Just because we don't have the information available to us and these people want to develop their property, I think we should proceed on the information we have before us at this time, Councilman Snyder: We do have the staff report and we have had the benefit of reading it. They are presenting their case without the advantage of reading it. It would be to their advantage to hold it over, Councilman Heath: If there is some applicant here who • feels they would like to have their hearing held over because they haven't read the report, let them get up and ask for it to be held over but on the other ones, let's proceed. Councilman Jett: I would go along with you, Councilman Heath, but I am thinking now of things that have happened in the past, some of which you have been a part of where certain things have come before this Council and we have been told that if there is new information available to the Council not available to the Planning Commission at the time of their decision we do not render a de- cision without sending it back to the Planning Commission for considera- tion. If this is true, we have a complete study on Azusa Avenue available -22- C, Co 11/8/65 Page Twenty -Three ZONE CHANGE NO, 341 - Continued to us and.I am"sure everyone has read it and if_ this is -.true- and, I would like to ask Mr.. Williams, can we make a decision..with_this information that has:been'made.available that,, -was no.t-available'to the. Planning_ Commission?' Can we go.ahead and make a decision on this property with part of .this being..available to us? City Attorney, Mr, Williams: Yes, You hold a new hearing on any zone change application, You are not restricted to hear only the same evidence that the Planning Commission heard, The only obligation is if you received information or testimony that the opponents and proponents have an opportunity to be heard with reference to that new information if it is produced at a hearing before you,, There isn't any obligation that the testimony be the same that it was before the Planning Commission,, Councilman Jett: You have told us in the past that if the Planning Commission has rendered a decision on a zone change or a zoning ordinance and it comes to the City Council that no information that was not available to the Planning Commission can be submitted to this Council in support of this request, Councilman Heath: This report that has been sub- mitted has not been adopted • by either the Planning Commission or the City Council, Councilman Snyder: It is words that may effect our decision, I think what you are referring to, Mr. Jett, is where we make a substantial change from the Planning commission and then it has to go back to the Planning Commission, City Attorney, Mr, Williams: If you have received a report from the staff and the hearing is still open and the people have the right to rebut or be heard upon the contents of it, you have the right to proceed now, Mayor Nichols: I think then in light of what the City Attorney has said, it would be up to the applicant here this evening to indicate to the Council as to whether or not they would wish to have the matter held over to give them an opportunity to review the Azusa Avenue study which has recently been made available to the Council, If they choose not to take advantage of that information, then it would seem to me that the Council should weigh the matter based upon the evidence and its own determination,, This is the time and place for the public hearing on Zone Change No, 341, Abbey Rents, Mr, LeRoy Shaub In holding this over, what time • 345 East Rowland limit are we talking about? Covina Mayor Nichols: To the next meeting, which would be two weeks from now, to give you an opportunity to have access and review and study the comprehensive staff report on Azusa Avenue, -23- t. s • C, Co 11/8/65 'ZONE'CHANGE NO, 341 - Continued Page Twenty -Four Mr, Henry Barren I am the real estate representa- 1800 Noragil tine for Abbey Rents, The Los Angeles 28 question that this gentleman just asked is important to us because we have a time schedule and we have waited for this study to be made so we could determine whether or not this property would become available to us, If we are talking about a two -week delay, then we are content to wait, If not, I think I would have to request the indulgence of the Council so we could then make a determination whether or not this property would be available to us, Mayor Nichols: Are you seeking a postponement or a carry-over of this hearing to,enable you to read the Azusa Avenue study? Mr. Henry Barren: Yes, Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that Zone Change No, 341 be held over with the hearing held open to the next regular meeting of the City Council at the request of the applicant and that the staff make a staff report available to the. proponents, ZONE CHANGE NO, 347 LOCATION: 1802 and 1808 North Carlsen and Herold Danes Drive, first two HELD OVER lots east of Azusa, Request to reclassify from Zone R-1 to Zone R-P approved by Planning Commission Resolution No, 1840, City Clerk,, Mr, Flotten: The notice of this public hearing appeared in the West Covina Tribune on.October 28, 1965 and 23 notices mailed to property owners in the area, (Read Planning Commission Resolution No, 184M Mayor Nichols: Mr, Arthur Baldinado 240 West Badillo Covina with respect to Zone Change No, 341 This is the time and place for the public hearing, I am an attorney. I represent Carlsen and Herold, the appli- cants, Do I understand the study discussed previously is applicable to this? Mayor Nichols: A study of Azusa Avenue has been completed, It may or may not be of advantage to you, If you want to request that this matter be held over, it is up to you, Mr, Arthur Ba-ldinado: I would request that this matter be held over so I may review the study, -24- Cn C, 11./8/65 ZONE CHANGE NO, 347 m Continued Page Twenty -Five • Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Zone Change No, 347 be held over with the hearing held open to the next regular meeting of the City Council at the request of the applicant and that the staff make a staff report available to the proponents, • ZONE CHANGE NO, 353 Richard Scott APPROVED LOCATION- 1733 East Workman between Azusa and Lark Ellen. Request to reclassify from Zone R-A and C-1 (Parcel B only) to Zone R®P approved by Planning Commission Resolution Noo 1841, City Clerk, Mr, Flotten- Notice of this public hearing appeared in the West Covina Tribune on October 281, 1965 and 31 notices were mailed out to the property owners in the area,, (Read Planning Commission Resolution No. 1841,) Mayor Nichols: This is the time and place for the public hearing, There being no public testimony, the public portion of this hearing was closed, Motion by Councilman Snyder, seconded by Councilman Heath, that Zone Change No, 353 be approved as requested, Councilman Krieger: At the time that this matter was heard before the Commission, was there a presentation on behalf of Mr, Scott? Planning Director, Mr, Joseph - At the meeting of October 20 there was no public testimony, but Mr. Scott was present, Action on Councilman Snyder"s motion- Motion carried, PRECISE PLAN NO, 2639 REV, 5 LOCATION- 730 South Orange, between SAVE -CO Cameron and Service, APPROVED Request for two signs for shopping center identification in Zone C-'2 (Civic Center architectural approval), approved by Planning Commission Resolution No, 1844, Called up by City Council on October 25, 1965, City Clerk, Mr, Flotten: Notice of this public hearing appeared in the West Covina Tribune on October 28, 1965 and 51 notices were mailed out to property owners in the area, (Read Planning.Commission Resolution No. 1844,) Mayor Nichols- This is the time and place for the public hearing,, -25- • • Co Co 11f8/65 Page Twenty -Six PRECISE PLAN NO', 263, REVISION 5 - Continued Mr, John Co Bainbridge Insofar as setback from the 730 South Orange Avenue street, we are set back 240 feet West Covina as opposed to 30 feet for the other buildings fronting on the civic center, All the other buildings are 45 to 100 feet wide, The building we are asking this sign on is some 282 in its elevation facing the civic center, We have found that the name "Scoa" was not adequate, On the 282 foot side with no identity, I think we are considerably restricted in saying just who we are to any person approaching us from that side, We are the only building in the civic center with this type of use, There is no further land available in the civic center where anything could be set up of this nature, Insofar as the land- scaping, I will say we have been remiss in keeping it up but the project has been underway and will be completely refurnished within the next three weeks, There being no further public testimony, the public portion of the hearing was closed, Councilman Snyder: Was there any request to move the pylon sign? Their drawing shows the revision of Orange Avenue that might take place under the freeway change, Was there any request to move this pylon sign up to the corner by Service Avenue? Planning Director, Mr, Joseph: Councilman Krieger: the north side of your building, of the building? Mr, John C. Bainbridge: No. I am particularly concerned about your proposed sign on Would this stick up above the facade No, It will be below the top of the parapet, Councilman Krieger: Mr, Bainbridge, from what vantage point in traversing our City streets is this sign intended to attract people to your establish- ment? Mr, John C. Bainbridge: It will attract anywhere on the north side or the same face of the building from roughly 600 feet to the east to 900 feet to the west, Also, on Garvey as it traverses along the freeway and possibly prior to any building erection on your property it would be visible from the freeway in certain sections, Councilman Krieger: Is the main portion of your sign on the north side to attract people from the freeway or from the service streets? Mr, John C, Bainbridge: place north of the building whether it Councilman Krieger: was only concerned with the it faces our proposed civic Commission meeting when Mr, impressed with the problem I won't say mainly from the freeway, I would say any be service streets or freeway, I called this matter up, I indicated in the Minutes that I sign on the north side of the building as center area. I was present at the Planning Bainbridge made his presentation, I was that the applicant might have in attracting -26- 11 C, C,, 11/8/65 Page Twenty -Seven PRECISE PLAN NO, 263, REVISION 5 - Continued • street traffic coming along our internal streets immediately north, However, in going out and passing by that area I was struck by the fact that you are not approaching it from the east going to see that sign at all until you come around the cupola, The only advantage would be to the freeway traffic on the San Bernardino Freeway and in my opinion there is sufficient attraction to this store from the pylon sign that they have in place now calling attention to this establish- ment,, Mr. Joseph, you don't show any signage on this building facing east,, Planning Director, Mr,, Joseph: There is a new sign located generally here (indicating) which is outside the civic center area facing east,, Councilman Krieger: I take exception to that sign as not serving any function and impinging upon an area that we are going to develop as our civic center, Councilman Snyder: I would tend to agree, I think that perhaps they might better serve their purpose by moving the pylon sign up into the corner when and if these street revisions take place, Councilman Heath: I think that building is very . blank from the freeway and I think it would be a need to the owner to have an identification on the building and I think it would be an advantage to the City to have an identification on the building. I don't see that it will harm anything, I think the sign is justified on the north side of the building, Councilman Snyder: Mr, Krieger has made a good point,, west on the freeway and you don't cupolo, I think even without the civic center being developed that You would only serve those coming see it until you get past the Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, that Precise Plan of Design No, 263, Revision 5, as contained in Planning Commission Resolution No, 1844 be approved with the exception that the sign on the north face of the building be deleted, (Councilman Heath voted "No",) Councilman Heath: I believe that the sign on the north should be included,, Mr,, John C, Bainbridge: Uiould you consider the sign installed until such time as you erect your civic center and our agreement to remove it at that time? . Mayor Nichols: requests that you contact the staff discuss that with them, I would suggest if you have any alternate suggestions or and the Planning Department and Councilman Heath: If a Councilman will make an additional motion and it passes, I think this could be achieved in this way, -27- Co Co 11/8/65 Page Twenty -Eight "PRECISE PLAN NO. 263 - REVISION 5 - Continued • Mayor Nichols: If we pet into the practice of having every applicant coming before the Council amend their application in process through the cooperative efforts of a Councilman on the Council, we break down our entire hearing procedures,, I would want to know a great many more implications of temporary sign limitations of that sort,, Councilman Snyder: The civic center was part of our consideration but not the whole,, It was still a matter of the cupola,, VARIANCE NO,, 571 Ardin D,, Hotchkiss HELD OVER LOCATION: 940 South Glendora, between Vine and East Barbara Avenues,, Request for non -conforming sign in Zone C-1 denied by Planning Commission Resolution No,, 1838,, Called up by the City Council on October 25, 19650 City Clerk, Mr,, Flotten: Notice of this public hearing was published in the West Covina Tribune on October 28, 1965 and 20 notices were mailed to property • owners in the area,, (Read Planning Commission Resolution No,, 1838,,) Mayor Nichols: This is the time and place for the public hearing,, Mr,, Horace Baro I sent a letter on September 19 1359 Villa Place 1965 re this matter,, (Read Covina said letter,,) Being the owner of that business, there is justification for a variance,, I have a building that is occupied all alone on approximately two acres of land,, 900 of our business is generated by the flow of traffic passing by our business,, It is against the law to make a left-hand turn into our business because there are double lines separating Glendora,, All major businesses in that area are identified by signs,, After the Planning Commission turned this down I called Mr,, Joseph's office and made an appointment with him. Right across the street from me is a liquor store with a non -conforming sign,, Von's Shopping Center has a non -conforming sign,, Beaver Builders has a non -conforming sign,, Right across the street is a Standard Service Station with a non -conforming sign,, I pointed out to Mr. Joseph that the sign the Municipal Code permits me to have would be fine if I was in the Plaza or at Eastland,, I am sitting on a huge piece of ground over there with a building that is not identified to the . public,, I ask you to seriously consider this problem that I have,, Mr,, R. M. Hogan I am an employee of the Federal Manhattan Beach Sign and Signal Corporation,, Regardless of how this goes, I will not be worried about the monetary end of this because we manu- facture these signs for all Orange Juliuses all over the United States and the sign that would go here can go somewhere else,, The building in question was designed by an architect in good taste but it is all glass,, It has a roof that will not permit a roof sign as far as its Co C, 11/8/65 Page Twenty -Nine VARIANCE NO, 571 ® Continued • shape is concerned without mm a wall sign cannot be placed on it because the walls are glass,, The advertising that is required for a place of business as prominent as that one is a great more than the ordinance allows, My approach to this is a matter of hardship,, He is losing money because his place is not properly identified, I don't approve of your ordinance as it is written,, I think it should be rewritten, particularly regarding the Cml zone because the small businessman if he is in a shopping center doesn't hurt too much, In this specific instance, it is your ordinance that is keeping him from getting the identification that I think he needs. That is the reason I brought the ordinance into this because with the type, style and design of his building, your ordinance in regards to Cml will not let him properly identify his place of business. There being no further public testimony, the public portion of this hearing was closed, Councilman Krieger- This request is for 139 square feet of sign, both sides, What is the permissible signage under our ordinance? Planning Director, Mr,, Joseph- 48 square feet, Councilman Krieger: I am acquainted with Von's, We • turned down a variance for them, I am not acquainted with the liquor store,, Do they have a non- conforming sign? Planning Director, Mr, Joseph: Councilman Krieger: Planning Director, Mr, Joseph: Councilman Krieger: They were there prior to 1960, They have a nonconforming sign, Beaver Builders? The same, How about Standard? Planning Director, Mr,, Joseph: The Standard sign was a conforming sign until the latest ordinance in 1965, Now it may be non -conforming, Councilman Krieger: Mr, Horace Baro: Councilman Krieger: Mr, Horace Baro: 0 Councilman Krieger: irrevocably vacant in the future? Mr, Horace Baro: Do you have ownership of the entire two acres? No. It belongs to Mr, Hotchkiss, And you occupy what portion? I have an 80=foot frontage on Glendora Avenue, Does Mr, Hotchkiss intend to leave the rest of the property It is zoned C®1 and eventually he will develop this, _29_ Co C,, 11/8/65 VARIANCE NO. 571 o Continued Councilman Heath: Mr,, Horace Bar o: Councilman Heath - Mr,, Horace Baro: Mr,, R. M,, Hogan; Councilman Snyder: Planning Director, Mr,, Joseph: Councilman Heath: Page Thirty Is this a standard sign you use all over the area? Yes,, How many are there in existence? There were 100 Orange Juliuses built in Southern California in 1965,, We have had an order for 320 signs,, You have one on South Citrus right now,, They have a 105sfoot sign on top of the building and it is a conforming sign,, What area would be permitted if these gentlemen put the roof sign on this building? • Planning Director, Mr,, Joseph: You could put a roof sign in C®2 and Cm3,, He has a strange roof line,, If you have less than four feet between the top of a window and the top of the roof, you may go above the roof line four feet,, Councilman Krieger- We are faced with this situation . time and time again in the field of variances,, Our sympathies aren't what are important,, The arguments of the applicant for a variance except as they touch upon the grounds for a variance are not important,, The rigidity of our sign ordinance is not the issue but the issue is does the man come before us and touch each of the four requirements for a variance,, To think that we can take an isolated instant such as this Orange Julius and give them a variance without expecting that when Mr,, Hotchkiss develops the rest of the property that we won't have those owners coming in and have the owners right down the street come in, I think we are being naive,, Obviously the request for a variance in this instance if it were granted will lay a foundation for variances up and down the street and then where are we in our sign ordinance? If our sign ordinance is right, let'sstick by it,, If it is wrong, let's do something about it,, I just don't find the grounds for a variance and that is the only way I can look at this matter,, Councilman Jett- I think we have to give some consideration here as to what has been expressed here as hardship. Unfortunately we have a sign • ordinance that, in my opinion, is too restrictive,, I don't see anything wrong with these signs and I certainly would go along with the request,, The one on Citrus has been given this sign,, This man should have the same sign,, Mayor Nichols- You state that business isn't as good as it should be and you have been open there for how long? -30m L' • • C,, Co 11/8/65 VARIANCE NOo 571 - Continued Mr,, Horace Baro: , Five months,, Page Thirty -One Mayor Nichols: Why is it in all of this time you have not put up any sign? You have been allowed a sign under the ordinance,, Mr,, Horace Baro: I had a sign up and I had to take it down,, Councilman Heath: I believe the reason for a sign ordinance is to try to keep the signage and the area of signage within control,, Councilman Jett: On this sign at Citrus, this seems to be an attractive sign,, Would this do what you want it to do for you? Mr,, Horace Baro: Planning Director, Mr,, Joseph: Councilman Snyder: I am sure it would solve 507o of the problem,, He has 48 square feet of sign face total permitted by the ordinance,, It seems to me something similar to this held within the law is a perfectly adequate sign,, Motion by Councilman Snyder, seconded by Councilman Krieger, that Variance NO,, 571 be denied and that the applicant comply with all the requirements of the sign ordinance on the grounds that the reasons for a variance have not been met,, Mayor Nichols: I feel I could not go along with the request per se,, I feel that the amount allotted by the sign ordinance relative to his particular needs and the location and my general attitude about the sign ordinance, I feel that amount is not sufficient, so in voting on this matter to concur with the motion as it is made, I do not want to give the impression tht I would irrevocably refuse to give any type of variance for this property,, I. too, feel our sign ordinance is too restrictive,, I think it allows for loopholes,, Councilman Heath: Maybe there is a point where the staff and these applicants can get together and come up with a happy medium if given time. Could we grant these people time to sit down with the staff and see if they can come up with something half -way between what they have and what they are permitted? Action on Councilman Snyder's motion: Motion failed on roll call as follows: Ayes: Councilmen Snyder, Krieger Noes: Councilmen Jett, Heath, Mayor Nichols Absent: None -31- Co C, 11/8/65 VARIANCE N0, 571 - Continued Page Thirty -Two Motion by Councilman Heath, seconded by Councilman Jett, that Variance No, 571 be held open for two weeks to permit the applicant and the staff to have further conferences to try to arrive at a design of a sign that would be more suitable to the City Council, Councilman Krieger; If we are going to start all over again, let's get all these variances before us and quit fooling around,. If you want to grant the variance, fine, I take no exception with that, But, when you start fooling around with the matter before us so it is a different matter than it was when it was before the Planning Commission, then I don't think we are following the procedure, Councilman Heath; We are permitted to grant whatever is applied for or less, City Attorney, Mr, Williams: That is correct, You can grant the variance subject to conditions which may limit it beyond the size requested, Councilman Snyder: I am not attempting to argue the law but only as a matter of relationship with the staff. You are putting a heavy burden upon the staff, You gave them leeway somewhere between what was asked for and • the legal amount, I don't think it is for them to decide, I think if you are going to make this motion you should give them an amount of square feet, • Councilman Heath: It will come back to us for approval of they can arbitrate a certain size, Action on Councilman Heath's motion: Motion failed, (Councilmen Snyder, Krieger, and Mayor Nichols voted "No",) Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, that Variance No, 571 be referred back to the Planning Commission for further report and any recommendations that the Commission cares to make to the Council for any sign area less than the variance requested, and that this report be submitted to the Council at their first regular meeting in the month of December; that the public hearing be held open, (Councilman Heath voted "No",) Mayor Nichols: I would like information on the Orange Julius sign in our community as to the type of sign, the size, et cetera, I am concerned with equity for like businesses operating in this community under similar conditions and I think that should have some bearing, -32- • C, Co 11/8/65 MAYOR'S REPORTS TOLUCA VISIT Page Thirty -Three Mayor Nichols: The Toluca visit is coming up during the Thanksgiving vacation, I will be going with the Toluca delegation, All members of the delegation are going at their own expense and this matter will come at no expense to the City. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Mayor Nichols be delegated as the official City representative for the trip to Toluca, Mexico, Motion by Councilman Snyder, seconded by Councilman Jett, to appropriate $50,00 for obtaining a suitable gift for the City of Toluca to be charged to the Music and Promotion Fund, Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None MEETINGS Mayor Nichols: We have an important meeting scheduled for this Wednesday night, Dr. Snyder indicates he will not be there, Are all other Councilmen available for that evening? I am going to try to cover two meetings_, If three of you could be present definitely at the meeting with Covina, I would go first to the West Covina Beautiful Dinner and I would notify the Water Association that I would arrive there slightly late but would be with them as per their request, The freeway meeting would be attended by Councilmen Heath, Krieger, and Jett, I would ask the City Manager to designate a member of the City staff to attend the Sister City meeting representing the Council, I am going to leave the meeting at this time and turn the meeting over to Councilman Krieger, (Mayor Nichols left the chambers at 11:25 P,M,) PLANNING COMMISSION METES 8 BOUNDS N0, 135-345 LOCATION: 1324 South Willow Avenue (PARCEL MAP 2) between Merced 8 Yarnell, Harry Payne, Jr, APPROVED 2 Lots m ,58 Acres m Area District I Approval recommended by Planning Commission on November 3, 1965, City Clerk, Mr, Flotten: (Read report re this matter,) ®33® C,, Co 11/8/65 Page Thirty -Four METES AND BOUNDS NO,, 135-345 m Continued • Motion by Councilman Snyder, seconded by Councilman Jett, that Metes and Bounds Subdivision No,, 135-345 be approved subject to all the conditions,, Motion passed on roll call as follows: 0 Ayes: Councilmen Jett, Snyder, Heath, Mayor Pro Tem Krieger Noes: None Absent; Mayor Nichols REVIEW PLANNING COMMISSION ACTION OF NOVEMBER 3, 1965 So indicated by Mr,, Flotten,, RECREATION 6 PARKS SUMMARY OF ACTION TAKEN OCTOBER 26, 1965 Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the report be received and placed on file,, 'GENERAL MATTERS ORAL COMMUNICATIONS CORTEZ PARK Dr,, Walter S,, Baro I come to you for some information 609 -Al Mirante Drive and advice,, On October 30, I West Covina called the Covina Police Department at 10-00 A,,Mo and spoke to the Captain and asked him if he knew if there was any trick -or -treat party going on at Cortez Park,, I live right off Cortez in that area,, He said he didn't know and he was less interested in it. I came home from my office at two o'clock and I went to Cortez and saw there was a spook house put up,, Again I called the Police Department and talked to a sergeant and he said he didn't know anything about it and he was less interested,, At 7:00 P.M. the commotion began. There was no policeman directing traffic. Finally two policemen arrived in the area,, I took a picture with my camera,, Police Officer No,, 69 wanted my identification. I am here for the following reasons- (1) There was no adequate police protection because the two policemen who were there had a hard time directing traffic,, (2) I was approached and because I had taken a picture asked for my identification,, Mayor Pro Tem Krieger: e g It would be the chair's recommenda- tion that this matter be referred to the City Manager for report at our next meeting as to this particular affair,, Is there any further comment by the Council? Councilman Snyder- In previous years have they had traffic problems? -34- C,, C. 11/8/65 Page Thirty -Five CORTEZ PARK - Continued • Dr,, Walter So Baro: - Yes,, Mayor Pro Tem Krieger: At the next meeting of the Council, Mr,, Aiassa will you prepare and submit to us a report on the matter Dr,, Baro brought to our attention? City Manager, Mr,, Aiassa: Yes,) WRITTEN COMMUNICATIONS CHAMBER COMMUNICATIONS City Clerk, Mr,, Flotten: The Council received letters from the Chamber, one from the Transportation Committee and the other is the Economic Base Study and Data Bank agreement, Councilman Heath: The letter from the Chamber concerning the recommendation of the Transportation Committee, I was at the Chamber meeting when that was reviewed and it was unanimous that this be reported to the City Council for information and I would move that it be referred to the staff for review and report, Councilman Krieger: Specifically Center Street that was considered by the Planning Commission at its last meeting and as I remember the direction was given to the City Attorney to advise them what legal steps might be taken with reference to Center Street,, Do you wish to have this joined with that report? Councilman Heath: Action on Councilman Heath's motion: and carried,, Yes,, I think you will find that Center Street is included in the report,, This would be for the first regular meeting in December,, Seconded by Councilman Snyder, Motion by Councilman Snyder, seconded by Councilman Jett, and carried, to receive and file the information on the community resources economic base study and the data bank report,, Councilman Jett: I assume each member of the Council received these passes to the Metropolitan Transportation Program,, I have three passes to the program that will be on Wednesday, November loth,, If you need them, I will be glad to give them to you,, -35- n L-I U • C, Co 11/8/65 'CI`TY ATTORNEY ORDINANCE INTRODUCTION Revised Health Code HELD OVER City Attorney, Mr, Williams: Mayor Pro Tem Krieger: ORDINANCE INTRODUCTION Z. C. 356, Keces Page Thirty -Six The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING THE LOS ANGELES COUNTY REVISED HEALTH CODE" I would like to hold this item, All right, 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 356, Keces) Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that said ordinance be introduced, ORDINANCE INTRODUCTION Filling Station Regulations The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO FILLING STATION REGULATIONS" Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that said ordinance be introduced, ORDINANCE INTRODUCTION The City Attorney presented: Room Tax "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE DEFINITION OF TRANSIENT AS CONTAINED IN THE ROOM TAX PROVISIONS OF THE WEST COVINA MUNICIPAL CODE" Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that said ordinance be introduced, -36- C, C. 11/8/65 CITY ATTORNEY - Continued • ORDINANCE NO, 946 Southerly Annexation Dist. #190 ADOPTED Page Thirty -Seven The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE ANNEXATION TO AND INCORPORATING IN AND MAKING A PART OF SAID CITY OF WEST COVINA CERTAIN UNINHABITED TERRITORY OUTSIDE THE CITY AND CONTIGUOUS THERETO KNOWN AS SOUTHERLY ANNEXATION DISTRICT N0, 190" Motion by Councilman Snyder, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Snyder, seconded by Councilman Heath, that said ordinance be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Heath, Mayor Pro Tem Krieger Noes: None Absent: Mayor Nichols Said ordinance was given No, 946, • ORDINANCE N0, 947 The City Attorney presented: Z. C. 351, City "AN ORDINANCE OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 351, City ) Motion by Councilman Heath, seconded by Mayor Pro Tem Krieger, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Snyder, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Snyder, Heath, Mayor Pro Tem Krieger Noes: Councilman Jett Absent: Mayor Nichols Said ordinance was given No, 947, ORDINANCE The City Attorney presented: Z.C. 334, Frank Smith "AN ORDINANCE OF THE CITY COUNCIL HELD OVER OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 334, Frank Smith) Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to waive further reading of the body of the ordinance, -37- C. Co 11/8/65 ORDINANCE (HELD OVER) - Continued Page Thirty -Eight • Motion by Councilman Heath, seconded by Councilman Snyder, that said ordinance be adopted. Motion resulted in a tie vote on roll call as follows. - Ayes: Councilmen Snyder, Heath Noes. Councilman Jett, Mayor Pro Tem Krieger Absent: Mayor Nichols Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that this matter be held over and will appear on the next agenda of the next regular meeting of the City Council, RESOLUTION NO, 3270 P. P. 402 (R) Squillace ADOPTED Mayor Pro Tem Krieger-. The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO, 462(R)" (Squillace) Hearing no objections, we will waive further reading of the body of the resolution, •Motion by Councilman Heath, seconded by Mayor Pro Tem Krieger, that said resolution be adopted, Motion passed on roll call as follows. Ayes. Councilman.Heath, Mayor Pro Tem Krieger Noes: Councilman Snyder Absent: Mayor Nichols Abstained: Councilman Jett Said resolution was given No, 3270, WATER PROBLEM City Attorney, Mr, Williams: I would like to advise you that the Valencia Water Company order of immediate possession was served on the third of this month and the City may go in legally and take immediate possession on the 24th of this month, I checked the agreement and checked with Ralph Helm, The Metropolitan Water District will meet December 14th and it will probably be at that meeting that the Upper San Gabriel Municipal Water District will inform them that the annexa- tion has been complete. They will be informed before that meeting; so will the State. That district will meet November 20th and take the • action to inform Metropolitan and the State, Metropolitan will reimburse West Covina probably at their meeting of December 14, and the Upper San Gabriel District will reimburse West Covina for the costs of conducting the election at their meeting of December 7th, in all probability, M. C. C. 11/8/65 Page Thirty -Nine WATER PROBLEM - Continued: The agreement that we have between the State, the Upper District and this City does provide that this City • will be exonerated of all liability and responsibility under the agree- ment and that will be assumed by the Metropolitan Water District upon the completion of the annexation proceedings. These will be completed by the Upper District at its meeting of November 20. Mayor Pro Tem Krieger: Does reimbursement include the pro- ject interest rate? City Attorney, Mr. Williams: Yes, the amount that we have paid with the interest thereon. Councilman Snyder: When we embarked on this annexation I agreed to remain silent and go along with the wishes of the majority of the Council. Now that the elec- tion is over I obviously am out of touch with the times because I was one of the few who voted against this annexation. Obviously this is the way to win an election -- slant the facts, give only half the facts, and use a scare technique, and I think the City of West Covina took the wrong step. CITY .MANAGER MERCED AVENUE EXTENSION is City Manager, Mr. Aiassa: We have a proposal from Mr. Knox: "A request has been received from Mr. James W. Knox, owner of property along the north side of Merced Avenue at the east end of the street improvement project, to dedicate right of way in return for installation of curb and gutter and a cash payment of $450. The staff recommends a payment of $350 based on $0.35 per sq. ft. for 992 sq. ft (992 sq. ft. @ $0.35 = $347.20). Mr. Knox indicates that he is concerned about the appearance of his front yard if the curb and gutter does not go in and points out that widening the street will complete the road around the curve leading to Glendora Avenue and would, therefore, be an assest to the street. He has executed a grant deed for the right of way needed and has authorized the City to accept this deed if it is agreeable to the terms mentioned above. The right of way required for the widening of Merced Avenue in front of the Knox property includes a triangular shaped piece approximately 6 feet wide at its deepest by 40 feet long in ad- dition to the normal widening of 10 feet required from all properties east of this location. RECOMMENDATION: is installation is recommended that .the City Council accept the conditions of installation of -curb and .gutter and a cash payment as. de.termine.d by the City Council in return for the needed right of way for widening of Merced Avenue at the Knox property and approve the resolution accepting the deed for such right of way. /s/ R.E.Pontow" Motion by Councilman Heath, seconded by Councilman Jett, to accept the report and proceed in accordance with the recommendation of the staff to give them $350.00. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Heath, Mayor Pro Tem Krieger Noes: None Absent: Mayor Nichols -39 - Q C. C. 11/8/65 CITY MANAGER REPORTS - Continued: RESOLUTION NO. 3271 J. Knox - Merced Avenue ADOPTED Mayor Pro Tem Krieger: Page Forty 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" (J. Knox) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Jett, that said resolu- tion be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Heath, Mayor Pro Tem Krieger Noes: None Absent: Mayor Nichols Said resolution was given No. 3271. STREET SWEEPER City Manager, Mr. Aiassa: There was a written report. You have that report. . Motion by Mayor Pro Tem Krieger, seconded by Councilman Heath, to adopt the recommendation of the staff to get a four-wheel sweeper in the amount of $12,029.00 after reduction of $2,400.00 for trade-in and two months rental for the test of the four-wheel sweeper. Motion passed on roll call as follows: Ayes: Councilmen Snyder, Heath, Mayor Pro Tem Krieger Noes: Councilman Jett Absent: Mayor Nichols MUNICIPAL WATER STUDY City Manager, Mr. Aiassa: We have this report that Leeds, Hill and Jewett made. I think we should have a study session to decide what we are going to do. Mayor Pro Tem Krieger: The 29th is available. Hearing no ob- jections, we will study the municipal water study on Monday, November 29,1955. (Mr. Williams left the chambers at 12:05 A.M.) •STREET IMPROVEMENT Badillo Street City Manager, Mr. Aiassa: I talked to the County Road Commis- sioner and he said if the City could acquire the right-of-way they would help us with the construction. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the City Manager and staff be authorized to contact the owners of the two properties on Badillo Street and obtain the right-of-way so that the street can be completed. -40- i C. C. 11/8/65 CITY MANAGER REPORTS - Continued: STREET IMPROVEMENTS Azusa Avenue Extension 0 City Manager, Mr. Aiassa: Page Forty -One Red report re this matter as follows: "Informational Report on Timing of Azusa Avenue Extension -Project. A check has been made with the County Road Department regarding the timing of construction of Azusa Avenue at Walnut Creek and Azusa Avenue between Francisquito Avenue and Amar Road. The schedule is for the project to be presented to the Board of Supervisors for approval with right of way certified in December. This will permit advertisement in January with the start of con- struction approximately in March, 1966. Time of construction, because of the size of the project (nearly $1,000,000), is slight- ly over a year. This should mean the street will be complete and in operation sometime in the Spring of 1967. /s/ R.E.Pontow" Motion by Councilman Heath, seconded by Mayor Pro Tem Krieger, and carried, io receive and place on file the report having to do with the Azusa Avenue extension. STREET IMPROVEMENTS Grand Avenue City Manager, Mr. Aiassa: I want to hold this over to the 29th for a study session. • Mayor Pro Tem Krieger: This will be held to the 29th. SKELTON HOUSE REMOVAL Motion by Councilman Heath, seconded by Councilman Jett, and carried, r to reaffirm our stand on the removal of the Skelton house by burning. HOLLENBECK SIDEWALK REPORT City Manager, Mr. Aiassa: This report was requested by the Mayor. He just wanted the information. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that the Hollenbeck Sidewalk report be accepted. VALENCIA HEIGHTS WATER PAYMENT City Manager, Mr. Aiassa: The Finance Officer's report is that we owe them $4,871.89. I would like to make the provision this will be predicated on the extension of our ex- isting lease for an additional seven years. Motion by Councilman Heath, seconded by Councilman Snyder, to authorize the Mayor and the City Clerk to sign the authorized payment of $4,871.89 on the condition that our lease is extended an additional seven years under the same condition as at present. Motion passed on roll call as follows: • Ayes: Councilmen Jett, Noes: None Absent: Mayor Nichols SALARY SURVEY CONSULTANT Snyder, Heath, Mayor Pro Tem Krieger City Manager, Mr. Aiassa: The Council did not provide any budget appropriation for this survey consul- tant and they authorized the Personnel Board to proceed and make a study. They requested additional money but we did budget $4,000 under Professional .Services. The Personnel Board has recommended Gold and Thompson's contract -41- • • C. C. 11/8/65 CITY MANAGER REPORTS - Continued: Page Forty -Two Salary Survey Consultant - Continued not to exceed the amount of $2,600.00 during this remaining fiscal year. I would suggest we do it on a per diem basis. Motion by Councilman Snyder, seconded.. by Councilman Heath, that on the sal- ary survey consultant to proceed according to the City Manager's suggestion on a per diem basis on call and not to exceed $2,600.00. Motion pa.ssed on roll call as follows: Ayes: Councilmen Jett, Snyder, Heath, Mayor Pro Tem Krieger Noes: None Absent: Mayor Nichols SALES AUDIT - SACRAMENTO Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the City Manager and the Finance Officer be authorized to go to Sacra- mento and review the sales audit of all sales in the City. REVIEW BOARD MINUTES - October 25, 1965 Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that the Review Board Minutes on October 25, 1965 be approved. CHAMBER OF COMMERCE - Second Quarter Payments Motion by Councilman Heath, seconded by Councilman ,Snyder, that the second quarter payment be made in accordance with the report of October 11, 1965, the first one for the standard service agreement for $3,500.00 and the special agreement of $2,250.00. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absent: Mayor Nichols CITY KEYS Mayor Pro Tem Krieger: EMPLOYEES' DINNER WARRANT Snyder, Heath, Mayor Pro Tem Krieger We will hold this matter over to the study meeting of the 29th. Motion by Councilman Snyder, seconded by Councilman Heath, to approve $700.00 for the Employees' Dinner as established in the 1965-66 budget, Account 121-737.7, Page 46. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Heath, Mayor Pro Tem Kreiger Noes: None Absent: Mayor Nichols CITY PROJECT SP-6513 - Pacific Avenue "To: City Manager and City Council From: R. E. Pontow, City Engineer Subject: City Project SP-6513 - Pacific Avenue Date: October 21, 1965 -42- 0 0 • C. C. 11/8/65 CITY MANAGER REPORTS - Continued: Proj. SP 6513 - Continued: Page Forty -Three "Transmitted herewith are the plans and specifications for the re- construction of Pacific Avenue between Cameron Avenue and Ardilla Avenue. This project includes widening Pacific Avenue to 64 feet of travelled roadway, installation of curb and gutters on both sides of the street, and removal of Palm trees. The estimated cost of the project is $58,000.00. Funds Funds available for this project are as follows: State Gas Tax (186.1) $42,165 The City is requesting $20,000 from the Highways Through Cities (HTC) Fund to assist in the financing of this project. It is anticipated that the financial arrangements for this project will be completed prior to calling for bids. The estimated bid opening will be mid -December in order that construction will com- mence in January, 1966. RECOMMENDATION: That the City Council approve plans and specifications for City Project SP-6513 and authorize the City Engineer to call for bids as stated above." City Manager, Mr. Aiassa: CITY CLERK None CITY TREASURER None MAYOR'S REPORTS (Continued) I have asked the County for 50-50 participation on Pacific Avenue. This is just for your information. "CHRISTMAS AFLOAT" LETTER FROM SAN PEDRO CHAMBER OF COMMERCE Mayor Pro Tem Krieger: CITY OF SAN MATEO RESOLUTION Support Our Forces In Viet Nam Mayor Pro Tem Krieger: COUNCIL COMMITTEE REPORTS This letter will be received and filed. We will receive and file the resolu- tion. -43- C. C. 11/8/65 Page Forty -Four COUNCIL COMMITTEE REPORT • RETURN OF CHECK Councilman Jett: I have a check made out by me for $175.00 which I would like to return to the City and I understand we have to have some way to return it. City Manager, Mr. Aiassa: PLAZA TRAFFIC PROBLEM Councilman Snyder: City Manager, Mr. Aiassa: LETTER FROM MRS. BROWN Just give it back to us and we will process it. I did submit a recommendation on the Plaza traffic problem. We gave it to the staff and they are working on it. Mayor Pro Tem Krieger: Mayor Nichols handed me a letter dated November 8th from Mrs. Brown and I • want to hand this letter to the City Manager and ask for a report on this at the next meeting of the Council. It concerns a slab of concrete. • MEETING Councilman Jett: City Manager, Mr. Aiassa: DEMANDS I believe there was a meeting with the Chamber of Commerce and our Finance Officer. There is a report coming on this. Motion by Mayor Pro Tem Krieger, seconded by Councilman Heath, to approve demands totalling $72,569.95 as listed on demand sheets B-215 through B-217 and C-478. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Heath, Mayor Pro Tem Krieger Noes: None Absent: Mayor Nichols -44- C. C. 11/8/65 Page Forty -Five • There being no further business, motion by Councilman Heath, seconded by Mayor Pro Tem Krieger,, and carried, that this meeting be adjourned to November 15, 1965 at 8:00 P.M. The meeting adjourned at 1:15 A. M. ATTEST: • CITY CLERK PPROVEI�-1,140MM W11 MAYOR 0 -45-