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03-28-1966 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA MARCH 28, 1966 • The regular meeting of the City Council of the City of West Covina was called to order by Mayor Nichols at 7:35 Po M. in' the"West Covina City Hall. Councilman Snyder led the Pledge of Allegin'ace. The invocation was given by Mr. Robert Flotten, City Clerk. ROLL CALL Present: Mayor Nichols, Councilmen Jett (from 7:45 P.M.), Snyder, Krieger, Heath Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk & Admin. Assistant Mr. Harry C. Williams, City Attorney Mr, Herman R. Fast, Public Services Director Mr. Harold Joseph, Planning Director Mr. Gerald Weeks, Administrative Analyst Mr. Philip Gatch, Planning Assistant Absent: None APPROVAL OF MINUTES • March 7, 196,6 - Approved as submitted as follows: Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes of March 7, 1966 be approved as submitted. March 14, 1966 - Approved as corrected as follows: Councilman Krieger: On Page 14, the first paragraph presently reads attributable to me, "Apart from the procedure we have been following up to this point is it not within our province to achieve property -by -property approach as far as the notification of the property owner?" The statement as I remember it was, "Apart from the procedure we have been following up to this point, is it not within our province to attack this on a speci- fic property -by -property approach as far as the notification of the property owner?" Then on page 19 regarding Variance No. 582 the Minutes indicate that the motion was made by myself and seconded by Councilman Heath that the variance be denied and the vote indicates that Councilman Heath voted against denying the variance, which is also my recollection. I believe the motion was actually sec- onded by Councilman Snyder, City Attorney, Mr. Williams: Councilman Krieger: On Page 7, the statement attributed to the City Attorney is incorrect. It wouldn't be "implication". It is my recollection that the word you used was "prejudice". -1- • Co Co 3/28/66 Page Two APPROVAL OF MINUTES (3/14/66) Continued City Attorney, Mr,.Williams: That would make sense,, Councilman Krieger; I would offer that correction on Page 7 in the statement attributable to the City Attorney so as to read,"There is no prejudice because those present are not affected by a mistake," Those are the corrections I have, Motion by Councilman Heath, seconded by'Councilman Krieger, and carried, that the Minutes of March 14, 1966 be approved as corrected,, CITY CLERK' S REPORTS PROJECT NO,, MP-6526-1 ACCEPT PARKING LOT IMPROVEMENTS John W, Tiedemann Co,, APPROVED LOCATION: Palm View Park - southwest -corner of Puente and Lark Ellen, Accept parking lot improvements and authorize release of The Fidelity 8 Casualty Company of New York bond No, 1524428 in.the amount of $99461.51. Staff recommends acceptance, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept the parking lot improvements in Project N0, MP-6526-1 and authorize release of The Fidelity 8 Casualty Company of. New York bond No, 1524428 in the amount of $99461,51, PRECISE PLAN NO, 38 RELEASE BOND Urich Oil Company, Inc, LOCATION; Northwest corner of Azusa and.Rowland, APPROVED Review Engineer's report, Authorize release of Royal Indemnity Company Bond No, 572849 in lieu of cash deposit of $488,75, Staff recommends approval, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that on Precise Plan No, 38 that the bond be released upon condition, that a cash deposit of $488.75 be deposited, PRECISE PLAN N0, 340 LOCATION; 143 North Barranca; RELEASE BOND northwest corner of Merrick, Inc, Barranca and Garvey, APPROVED Review Engineer's report, Authorize release of National Union Fire Insurance Company of Pittsburgh, Pa,, bond No, 52206 in the amount of $59000,00, Staff recommends approval,, Motion by.Councilman Krieger, seconded by Councilman Heath, and carried, that in Precise Plan No, 340 the National Union Fire InsuranceCompany of Pittsburgh, Pa, bond No, 52206 in the amount of. $5,000.00 be released, -2- C, Ca 3/28/66 CITY CLERK'S REPORTS - Continued Page Three RESOLUTION NO,, 3338 The City Clerk presented; ADOPTED "A RESOLUTION OF THE CITY COUNCIL Project SP-6407 OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Proj,ect SP-6407, Home Savings 8 Loan) Mayor Nichols; Hearing no objections, we will waive further reading of the. " body of the resolution, Motion by Councilman Heath, seconded by Councilman Krieger, that said resolution be adopted,, Motion passed on roll call as follows: Ayes: Councilmen Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent; Councilman Jett Said resolution was given No,, 3338,, TRACT NO, 29243 LOCATION East side of Nogales RELEASE OF BOND between Valley and Jay Construction Company, La Puente Road, Jack Pfeifer, A. E. Guardalabene, Jasper N. Haley, and Vernon E. Review Engineer's report, Holt Authorize release of American APPROVED Motorists Insurance Company bond No, 5SM 157 432 in the amount of $1239000. Accept American Motorist Insurance Co, bond No, 6SM 157656 in the amount of $6,000 for general cleanup and work unable to complete due to adjacent tract development, Staff recommends acceptance. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to release American Motorist Insurance Company bond No, 5SM 157 432 in the amount of $1239000,009 to accept American Motorists.Insurance Company bond No, 6SM 157656 in the amount of.. $690.00,00 on tract No, 29243 for general cleanup and work unable to complete due to adjacent tract development, PLANNING COMMISSION PARCEL MAP NO, 12 Southern California and Loan Association DENIED and PARCEL MAP N0, 13 Southern California and Loan Association DENIED LOCATIONS° West side of Alpine, Savings East side of Alpine, 4 Lots - 1,45 Acres - Approved by Planning Resolution No, 1877 Savings 4 Lots - 1,39 Acres - Approved by Planning Resolution No, 1878, (Councilman Jett entered the chambers at 7:45 P.M A.D. IV Commission A.D. IV Commission -3- C; C 3/28/66 PARCEL MAPS 1.2, .&. 13 Continued Page Four • (Maps were presented and Mr. Flotten read Planning Commission Resolution No, 1877,) Councilman Krieger: Mr, Hugo Prestinary MacIntyre 6 Quiros Mr, Prestinary, what is the square footage on each of the eight lots? I am representing Southern California Savings and Loan, Councilman Krieger: I will read these into the record, These are your figures and your representations as to these lot area sizes, On Parcel Map No, 12 you have a lot size of 16,600; b, 169400; c, 149500; and.d, 15,400, On Parcel Map No, 13, a is 13,900; b, 13,600; c, 159200; and d, 179700. You also indicate that you have 37 proposed lots and the average for the 37 lots, I assume the granting of these resolutions included, is 209050 square feet, Mr, Hugo Prestinary: Correct, City Attorney, Mr, Williams: Now, this shows that it is practicable to develop this in a form different than this with complying lots so how can.it be impracticable to develop it that way? 9220.21 is the hillside ordinance and says it can be used if it is impractical to build on the property, It looks like they are getting two more lots by reducing the size below the standards set by the City with no excuse, The land is already leveled. There is no topography problem; I don't think this section applies. This reason presented in this case applies to any subdivider; he can get more lots if you reduce the size limit, Mr, Hugo Prestinary: Besides the question of economics, at the time we started grading we noticed that due to this ridge called Alpine Drive was very beautiful and we decided to lower the grades considerably from the original map, Councilman Heath: Is it impossible or impractical to develop this into 35 lots? Mr, Hugo Prestinary; I would say yes, Councilman Heath. Can it be done? Mr, Hugo Prestinary: Well, of course. Motion by Councilman Heath, seconded by Councilman Krieger, that Parcel Map No, 12 be denied. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None -4- C, C, 3/28/66 Page Five 'PARCEL MAPS 12 6 13 Continued • Motion by Councilman Krieger, seconded by Councilman Heath, that Parcel Map No, 13 be denied. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes; None Absents None 'S'CHEDULED MATTERS 'BIDS PROJECTS MP-6425 (CORTEZ PARK; LOCATION; Cortez and Pickering MP-6529 (PICKERING PARK) Parks, No bids received in t.he;.office of the.City Clerk at 10:00 A,M,, March 23, 1966o Review Engineer's report, Authorize Engineer to readvertise project and call for bids prior to April 25, 1966, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the Engineer be authorized to readvertise Project MP-6425 and Project MP-6529 and call for bids prior to April 259 1966, HEARINCS ADOPTION BY REFERENCE OF 1965 Public hearing set for this EDITION OF FIRE PREVENTION CODE date, Mayor Nichols: This is the time and place to conduct the hearing on this matter, Mr, City Clerk, do you have the affidavit of publication as required by law? City Clerk, Mr, Flotten; Yes, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that said affidavit be received and placed on file, Mayor Nichols: Mr, City Clerk, have you received any .written protests or objections against this proposed ordinance? City Clerk, Mr, Flotten; No objections, • Mayor Nichols; This is the time and place for the public hearing if there are those present wishing to give oral testimony in this matter, There being -no public testimony, the public portion of this head was closed, -5- C, C, 3/28/66 Page Six ADOPTION BY REFERENCE OF 1965'EDI'TION OF FIRE 'PREVENTION CODE Cont9d, _....• City Attorney, Mr, Williams: Mr, Flotten, do you have at least three copies of this Fire Prevention Code on file in your office? 0 City Clerk, Mr, Flotten.- City Attorney, Mr, Williams: ORDINANCE NO, 960 ADOPTED Adoption of Fire Prevention Code Yes The ordinance was introduced on February 28, 1966 and is ready to be passed, The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING BY REFERENCE THE 1965 EDITION OF THE FIRE PREVENTION CODE AND AMENDING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING THERETO" 'Motion by Councilman Krieger, seconded by Councilman Heath,, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Krieger, seconded by Councilman Heath, that said ordinance be introduced, Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None Said ordinance was given No, 960, ZONE CHANGE N0, 361 Charles W, Varney, Jr, APPROVED LOCATION: Azusa between Thelborn and Rowland, Request to change the zoning from R-P to C-1 approved by Planning Commission Resolution No, 1875, (Maps were presented and Mr. Flotten read Planning Commission Resolution No, 1875,) Mayor Nichols: Mr, Charles W, Varney 1540 East Porther West Covina This is the time and place for the public hearing, I am in support of my petition, If you have any questions, I will try to answer them. There being no further public testimony, the public portion.of the hearing was closed. Motion by Councilman Krieger, seconded by .Councilman Heath, that Zone Change No, 361 be approved as requested, Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None !M. U Co Co 3/28/66 HEARINGS ® Continued DETERMINATION OF SAFETY OF STRUCTURE ® FORMERLY KNOWN AS RUPPERT PROPERTY Page Seven LOCATION: 3400 block on Virginia_ Avenue (Portion Lot 20, Tract 2371) Notice of hearing mailed to owner, Albert Borchard, on March 15, 1966,, Mayor Nichols: Mr. Fowler, the Building Inspector for the City, is in the audience and has been sworn. We would like him to apprise the council of the conditions that have resulted in the calling of this public hearing. Mr. William Fowler: Approximately two years ago we started the condemnation procedure on the same piece of property and at that time the property changed hands and we did not pursue it any further and there was evidence of rehabilitation of the property forthcoming and considerable cleanup was done at that time. Since that time, it has gotten worse daily and so we have instituted the proceedings again. I believe you have copies of the Fire Department, Health Department, and Police Department reports. We have pictures to show that the evidence is here that this is a nuisance by reason of abandonment. I will be happy to answer any questions you may have. Mayor Nichols: The chair will recognize those individuals in the audience who have been sworn to give testimony and who wish to enter a complaint relative to this matter. Miss Jane Oast We are right across the street 3235 Virginia Avenue from this property. It has been West Covina a nuisance. I have lived there for two years and the nuisance has gotten worse. It is a collection place for kids. When the police arrive the kids have a way of spilling over into the yards of the neighbors, including my own. It is a fire hazard and it has gotten much worse lately. Mr. Richard Winter We are the first house immedia- 3302 Virgina Avenue tely adjacent on the east. We West Covina lived in this house for about a year. I travel in my business and I am away from home quite a bit and this bothers my wife. The Police Department is doing their best but I don't think there is any real way of keeping the children out of here. The type of people are older. There have been fires. There have been on weekends particularly 15 to 20 children. We are awakened through the evening hours by the number of kids up there. The kids walk across our yard and this is a nuisance. We finally put up a fence in defiance of the deed restrictions on our house down to the street to keep the kids from going across our front yard to go in and out of the place. Mr. Carlo Delpino I am directly across the street 3301 Virginia Avenue from the entrance of this property. West Covina I want to go on record as being in agreement with the people who have preceded me here. There is no point in expounding on this much further because they have covered it pretty well. The only way _7® Co Co 3l28/66 Page Eight 'DETERMINATION 'OF -SAFETY OF STRUCTURE (*RUPPERT) Continued . you could keep the kids out of there would be to patrol the place all the time,, This property is very hazardous, There is a swimming pool there where a child could fall into that and break a leg,, The wine cellar up there is a very hazardous thing and that should be boarded up and that swimming pool made secure some way or another,, I think the best way to do it is to demolish the whole structure and remove the attraction,, City Clerk, Mr,, Flotten: I have a letter delivered this evening addressed to the City Council regarding this matter from Archie L,, Mudgett,, (Read said letter,,) Mr,, John Bowen.- I am here representing Mr,, Borchard,, I am an associate of Mr,, Borchard for the last year. He is probably more disturbed about the condition of the property as it now exists than any of the complain - Ants so far,, We have in the last few months discussed the possibility of the building being repaired for occupancy,, I have an interest in this piece of property because I am the potential occupant of the property,, We would ask the Council to grant approximat.ely a thirty - day extension of this particular problem so that we might work with Mr,, Fowler of the Building Department and get some contractors.to come up with actual cost estimates for making the property once again • liveable, There being no further public testimony, the public portion of the hearing was closed,, Councilman Heaths Mr, Bowen, how long ago did you decide that you.would like to re- build this property? Mr,, John Bowen: My wife and five children have been over there for approximately the last five Sundays,, Councilman Heath: Have you done anything so far in talking with contractors and getting an estimate on this repair work? Mr,, John Bowen: Yes,, We have two estimates on our basic repairs of the interior,, Councilman Snyder: Mr, Williams, this notice says you are further notified to make required repairs or to demolish, so actually we can still just make that same condition, can't we? • City Attorney, Mr, Williams: It is their choice. I understand the gentleman is asking for a 30-day extension of the hearing in order that he can determine what it will cost and whether or not he will proceed and how long it will take, There is a blank space in your resolution where you will fix the length of time where the structure shall be demolished or brought up to code and it is the choice of the owner to do one or the other,, If he fails, the City enters the property and demolishes it and puts the charge against his tax bill,. Ca C, 3/28/66 Page Nine DETERMINATION OF SAFETY OF STRUCTURE (RUPPERT) m 'Continued Councilman Krieger: g There was a statement made by Mr, Bowen that when the property was purchased by Mr, Borchard it was in a liveable condition. I remember this Council spending at least two hours in a hearing on this identical property at the conclusion of which we ordered this abated. Subsequently my understanding was the property was sold and such determination was not binding upon the new owner, At any time subse- quent to our hearing was this property put in a liveable condition? Mr, William Fowler. No, I think Mr, Borchard was the owner at the time we went through the last hearing, Then the -property went into escrow with two other people and this is at the time that our proceedings were null and void, but it has not been touched since that time, The property eventually came back into'Mr, Borchard's possession, Councilman Krieger. This action we took on June 8, 1964 gave them 90 days in which to abate the nuisance, City Attorney, Mr, Williams. Wouldn't 90 days be sufficient without a continuance of 30 days now? . Councilman Krieger. Is there any possibility if determination by this Council that there were an affirmative this does constitute a nuisance that we could record such action so that it becomes binding upon any successor in interest by reason of being a matter of public record? City Attorney, Mr, Williams. Yes, You can record the resolution that you adopted provided it describes the property, You cannot record it unless it describes the property by lot and tract and whatever the legal description is, Councilman Krieger. I think there were representa- tions made to this Council subsequent to our last determination that were never lived up to and I would not care to see us go through this proceeding tonight and have a re-expereince of'the other on the representation that someone else has the title of it and then find it is back to the original owner again, Councilman Jett; Could we require a performance bond? City Attorney, Mr, Williams. No, You can either grant an extension of this hearing, which is what the gentleman is asking for, or you can close the hearing and give a period of time in your judgement to abate the nuisance. This means either tear it down.or improve it, Councilman Heath. I don't see any necessity for this proceeding to be dragged out any further, I would be more in favor of proceeding with the finding that this constitutes a nuisance, and direct the owner to abate it by either repair or rehabilitation or demolition or removal within a period of sixty days, Men 0 C. C, 3/28/66 Page Ten 'DETERMINATION OF SAFETY OF STRUCTURE (RUPPERT) - Continued Councilman Snyder: It is possible it will -take him 60 days to get his financing, City Attorney, Mr, Williams: The time you fix is the time for completion, but the commencement of abatement must begin within 48 hours, which may be the reason for asking for the 30-day extension, Mayor Nichols- The spirit of this is to create a situation that is somewhat easier for the property owner but in effect you are inviting all those people from the community who have come out tonight and expressed a concern over this matter to come back out again and thereby incon- venience them, It.would seem to the chair that the law requiring a beginning of the abatement is somewhat flexible in itself and would be somewhat subject to interpretation as to what is the beginning of abatement and most any reasonable effort to commence the repair of any of the hazardous conditions on that property would indicate the showing of good faith on the part of the property owner, Motion by Councilman Krieger, seconded by Councilman Jett, that with respect to the property located in the 3400 block of Virginia Avenue that the Council determine that the buildings and structures are unsafe as defined by Section 203 as amended and that the property owner be ordered to abate the nuisance by repair, rehabilitation, demolition, or removal in accordance with the procedure described in such section within a period of 90 days from the date of this action and that such action be placed in resolution form -and that the resolution be recorded in the office of the County Recorder of Los Angeles County, Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes- None Absent- None RESOLUTION N0, 3339 ADOPTED Abatement of Ruppert property Mayor Nichols: The City Attorney presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .WEST COVINA DETERMINING AND DECLARING THAT A CERTAIN STRUCTURE IS AN UNSAFE BUILDING AND A PUBLIC NUISANCE AND THAT THE SAME SHOULD BE ABATED" (Ruppert Property) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Kreiger, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows. Ayes; Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes- None Absents None Said resolution was given No, 3339, m10- C. C. 3/28/66 Page Eleven 'DETERMINATION OF SAFETY OF STRUCTURE (RUPPERT) - Continued Councilman Snyder; It has been brought to my attention regarding a house that has been repossessed in a certain part of the City and it is standing idle and has a full swimming pool in the rear and the children go through the gate, City Attorney, Mr, Williams; We can either try to enforce the ordinance by penal sanction if we can't reach the owner or we can under an emergency power pump out the pool, Councilman Snyder; I will get you the address, PLANNING COMMISSION SOUTHERLY ANNEXATION DISTRICT N0, 195 .and SOUTHERLY ANNEXATION DISTRICT N0, 196 • (Maps were presented and Mr. Joseph gave a brief summary of this matter,) Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that proceedings on Southerly Annexation Districts 195 and 196 be started and that the appropriate resolution be prepared, ANNEXATIONS 197 AND 198 Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that proposed Annexations 197 and 198 be referred to the Planning Commission for study and report, CHAMBER OF COMMERCE STREET RECOMMENDATIONS - ITEM 2 City Manager, Mr, Aiassa° Council has copies of the report. You can authorize the staff to get firmed -up costs of what an appraisal would cost for the right-of-way at Vincent and Glendora. Motion by Councilman Krieger, seconded by Councilman Heath, and • carried, to accept the report and place the recommendations on the staff's work list and ask the staff to bring them back to the Council with pricing so that we may establish the type of priority with respect to Item No, 2 on the recommendation of the Chamber of Commerce and the Planning Commission, and that the staff determine the approximate cost on this item and report same back to the Council, -11- Co C, 3/28/66 "PLANNING COMMISSION Continued Page Twelve REVIEW PLANNING COMMISSION So indicated by Mr, Flotten, ACTION OF MARCH 16, 1966 The following items were called up by Council: 1) Variance No, 584, Mazelski - Approved - Called up by Councilman Jett. 2) Precise Plan of Design No, 486, Marion - Approved - Called up by Councilman Krieger, 'RECREATION 6 PARKS ACTION'OF MEETING OF 3/22/66 City Manager, Mr, Aiassa: There is a proposed school agreement providing for the use of school facilities for the operation of the recreational program, on a year to,year basis starting July 1, 1965, recommended for approval by the Commission. Motion by Councilman Krieger, seconded by Councilman Snyder, that the Mayor and City Clerk be authorized to enter into and execute the . agreement attached to the memorandum of March 24, 1966 with the West Covina Unified School District, Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes; None Absents None 0 Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the report of the meeting of March 22, 1966 of. the Recreation and Parks Commission be received and placed on file, City Manager, Mr, Aiassa; At the adjourned meeting of March 15, 1966 there was held a discussion on the lighting facilities, Motion by Councilman Heath, seconded by Councilman Jett, and carried, to accept the recommendation of the Recreation and Parks Commission concerning the lighting of the baseball fields in line with that outlined in the Minutes of their adjourned meeting of March 159 1966, -12- C, C, 3/28/66 • GENERAL MATTERS ORAL COMMUNICATIONS • • CESSPOOL PROBLEM Page Thirteen Mayor Nichols: In your mail tonight has come a communication'relative to a cesspool problem and Mrs. Ritson is here this evening and she would like to address the Council, Mrs, Jeri Ritson You have a copy of the letter I - 1047 East Swanee Lane wrote, This is self-explanatory. West Covina Also, I would like to submit a graph of the sewer problem existing, I have two cesspools and one has not been filled, I would like to have it filled before there is an accident there, Motion by Councilman Heath, seconded that this matter be referred to the to the Council, WRITTEN COMMUNICATIONS by Councilman Krieger, and carried, staff for follow-through and report BALDWIN PARK CONDITIONAL USE Letter from Mrs, 0, Deen Lorenzo, PERMIT NO, 72 Memorandum from Planning Department, (A map was presented and Mr. Joseph gave a brief summary of. this matter,) Councilman Snyder: The only place it borders West Covina is across the street, Planning Director, Mr, Joseph: It is a 25-foot street, Councilman Jett: In the memo of March 23 you state in the opinion of the Planning Department the application could be detrimental to the residents of West Covina and then in the memo of the 25th you state with reference to this permit the best way for the City Council would be to communicate with Baldwin Park and advise them that if signs, landscaping, et cetera, be installed so as to protect West Covina residents then we would have no objection to the use, Planning Director, Mr, Joseph: The only reason for that was that the use permitted by a conditional use permit and in my discussions with people around there we didn't want to give the impression to Baldwin Park that we are going to dictate how to zone the property but we noted there.were objections as to the manner of installation of these units. We wanted to communicate we were concerned about the residents in West Covina, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that the City Council communicate to the Council of Baldwin Park that we agree with the wisdom of their Board of Zoning Adjustments in denying the request for the Use Permit No, 72; that such action by the Board of Zoning Adjustments is consistent with the welfare and well being of the citizens of West Covina, -13- 1�1 • C, C, 3/28/66 'CITY ATTORNEY ORDINANCE INTRODUCTION Page Fourteen The City Attorney presented - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA PROHIBITING THE USE OF MOTOR OPERATED VEHICLES ON PRIVATE PROPERTY WITHOUT THE WRITTEN CONSENT OF THE OWNER OF SAID PROPERTY" Motion by Councilman Krieger, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Krieger, seconded by Councilman Jett, that said ordinance be introduced, Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONSENTING TO THE IMPROVEMENT OF PORTIONS OF AZUSA AVENUE AND AMAR ROAD IN THE SAID CITY BY THE COUNTY OF LOS ANGELES" Motion by Councilman Jett, seconded by Councilman Snyder, an8 carried-, to waive further reading of the body of the ordinance, Motion by -Councilman Jett, seconded by Councilman Snyder, and carried, that said ordinance be introduced, ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO BANNERS AND PENNANTS" Mayor Nichols: There has been a rather urgent communication from one of'our City employees requesting that the staff be given an opportunity to review the financial implications of the introduction and passage of this particular ordinance as it relates to the lack of a fee or.charge schedule for the obtaining of special permits, City Attorney, Mr, Williams: After talking to Mr, Aiassa • about it, I have included the provision for the change to read as follows, "Banners and pennants without wording except wording of a non -advertising nature concerning seasonal or holiday greetings or events of general public interest erected for the purpose of advertising special events and special sales may be permitted by the Building Department without fee for a period of not to exceed 60 days; the location and size of the same shall not obstruct the view of neighboring property. The permit may -14- C, C, 3/28/66 Page Fifteen ORDINANCE INTRODUCTION (FLAGS 8 BANNERS) - Continued contain reasonable conditions including a deposit of $25,00 to guarantee the removal of said banners or pennants at the end of the permit period, No banners or pennants shall be otherwise erected or maintained except as otherwise expressly permitted in this chapter," A general law city can impose only fees that are permitted by the State law, You can impose a business license fee. If people are in the business of .erecting banners and pennants, you can charge a fee, You cannot charge fees for banners and pennants being exposed to the breeze because the State law doesn't permit it, Motion by Councilman Snyder, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that said ordinance be introduced, (Councilmen Krieger and Heath voted "No",) ORDINANCE NO, 961 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE definition of CITY OF WEST COVINA AMENDING THE WEST COVINA • junk and salvage MUNICIPAL CODE RELATING TO THE DEFINITION OF JUNK AND SALVAGE" Motion by Councilman Jett, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Jett, seconded by Councilman Krieger, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None Said ordinance was given No, 961, ORDINANCE The City Attorney presented: HELD OVER "AN ORDINANCE OF THE CITY COUNCIL OF THE relating to rubbish CITY OF WEST COVINA AMENDING A PROVISION OF THE CODE RELATING TO RUBBISH" Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that this matter be held over to the meeting of April 11, 1966, • RESOLUTION NO, 3340 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE V 582 CITY OF WEST COVINA DENYING A VARIANCE" Sunset Terrace Apartments (V 582, Sunset Terrace Apartments) Mayor Nichols: Hearing no objections, we will waive further reading of the body of the resolution, -15- Co C, 3/'28/66 Page Sixteen RESOLUTION NO, 3340 Continued . Motion by Councilman Krieger, seconded by Councilman Snyder, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Mayor Nichols Noes: Councilman.Heath Absent: None Said resolution was given No, 3340, RESOLUTION NO, 3341 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE Vacations CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF RESOLUTION N0, 1277 RELATING TO VACATIONS" Mayor Nichols: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows: • Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None Said resolution was given No, 3341, RESOLUTION N0, 3342 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY Freeway barrier OF WEST COVINA REQUESTING THE STATE DIVISION OF HIGHWAYS TO INSTALL SOME TYPE OF PRO- TECTIVE BARRIER IN ADDITION TO THE USUAL FENCING BETWEEN FREEWAYS IN WEST COVINA AND A FRONTAGE ROAD IMMEDIATELY ADJACENT THERETO" Mayor Nichols: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath,.Mayor Nichols Noes None Absent: None Said resolution was given No, 3342, -16- C. C. 3/28/66 'CITY ATTORNEY —Continued Page Seventeen ORDINANCE INTRODUCTION The City Attorney presented; Truck routes. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 3140 OF THE WEST COVINA MUNICIPAL CODE.RELATING TO TRUCK ROUTES" City Manager, Mr. Aiassa;- I would like to hold this over. City Attorney, Mr. Williams; You took an action on this at your last meeting. You approved the traffic report and -instructed me to bring in an ordinance. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, to waive.further reading of the body of the ordinance. Motion by Councilman Snyder, seconded by Councilman Krieger, and carried, that said ordinance be introduced. Mayor Nichols; It appears there is the possibility that there should be a more defined course on the directives that reach the City Attorney for the preparation of ordinances. That is, Mr. Aiassa, if you don't want the Traffic Engineer to pass directives along to the City Attorney, perhaps.. you should have an internal policy requiring that such directives • emanate from your office. CITY MANAGER VALENCIA HEIGHTS WATER COMPANY LAND LEASE Motion'by Councilman Krieger, seconded by Councilman Heath, that the Mayor and City Clerk be authorized to enter into the proposed lease with the Valencia Heights Water Company as submitted dated March 15, 1966. Motion passed on roll call as follows; Ayes; Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes; None Absent: None PER BOARD RECOMMENDATION Retirement System Letter from Occidental Life Mayor Nichols; City Manager, Mr. Aiassa; One Councilman has expressed the feeling that we should have a study session on this matter. I think that would be advisable. -17- C, Co 3 /28/66 Page Eighteen PERSONNEL BOARD RECOMMENDATION ® Continued e� is Councilman Heath: I would rather re ly y on the recommendation of the Personnel Board, Motion by Councilman Heath, seconded by Councilman Jett, to accept the recommendation here of the Personnel Board on their letter of March 4 and proceed with the State plan with all haste, Councilman Krieger: My vote "No" would be no indi- cation as to lack of confidence in the Personnel Board but all they can do is recommend and we certainly discussed at great length whether we should go to the State Retirement System and we resolved that issue and I think this next step deserves equal study by us, Councilman Jett: It is your intention to study relationship to the steps to be taken? the letter from Occidental in Councilman Krieger: Yes, Councilman Jett: Maybe we should study .this prior to taking this action, I will withdraw my second to Councilman Heath's motion, Mayor Nichols: Councilman Heath's motion dies for lack of a second, Motion by Councilman Krieger, seconded by Councilman Snyder, and carried, that the Personnel Board recommendation regarding the State Retirement System and the letter from Occidental Life be held over to a study session of April 4, 1966 at 7:30 p.m. LETTER FROM SOUTH HILLS SCHOOL PTA SIDEWALKS ALONG BARRANCA Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this matter be referred to the staff for review, REVIEW BOARD MINUTES March 14, 1966 Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Review Board Minutes of March 14, 1966 be received and placed. on file, Co Ca 3/28/66 Page Nineteen CITY MANAGER Continued LEAGUE BULLETIN RE SPECIAL LEGISLATIVE SESSION (AB #86) Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to direct the City Attorney to communicate directly with the League office and so advise them that this bill would be of no benefit to this City unless it has the emergency clause in it and see if it can't be introduced,, LANDSCAPE ARCHITECT Councilman Heath; If you are going to give someone a good order on landscaping, I feel he should do the design work free of charge. Motion by Councilman Snyder, seconded by Councilman Krieger, and carried, to accept and place on file the communication from Neptune and Thomas and direct the staff to investigate this area and come up with any alternatives and suggestions which might well incorporate all possible proposals,, (Councilman Heath voted "No",,) SCAG REPORT City Manager, Mr,, Aiassa: COUNCIL SALARIES City Manager,.Mr. Aiassa: I believe you have copies of the Long Beach report,, This is for your information only,, This is for information only,, ADMINISTRATIVE SEMINAR April 69,1966 City Manager, Mr,, Aiassa: This is held at the Huntington Hotel in Pasadena for administrative personnel. I would like to go,, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the City Manager be authorized to attend the administrative seminar in Pasadena on April 69 1966,, -19- A is n LJ Co C, 3/28/'66 CITY MANAGER - Continued PERSONNEL BOARD VACANCIES Page Twenty City Manager, Mr, Aiassa: Ww'will.have two vacancies:'on the Per- sonnel Board; 'one: i,s .Mr ,Chamlee and the other One is Mt. Co$e. Motion by Councilman Jett, seconded by Councilman Heath, and carried, that these vacancies and their appointment be held over until after the new Council takes office. PARKS 6 RECREATION VACANCIES City Manager, Mr, Aiassa*. I would like to inform the Council there will be two more vacancies coming up in June and that will be in the Parks and Recreation Commission, Mayor Nichols: FIRE DEPARTMENT STATION WACON We will take the same stand on this, Motion by Councilman Heath, seconded by Councilman Jett, to authorize award of a bid for Bid No, 6631 to Ken Roggy Ford to furnish a 1966 station wagon at the low bid price of. $39207,77o Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None CITY MANAGER'S VACATION City Manager, Mr, Aiassa; I would like to take a day or two off during Easter week, Motion by Councilman Jett, seconded by Councilman Heath, and carried, that in the event of the absence of the City Manager that Mr. Fast be authorized to serve as the City Manager of the City, COUNTY COMMENDATION TO WEST COVINA Mayor Nichols: Where do you have the resolution commending the City? City Manager, Mr, Aiassa: This is dated March 23rd from the Local Formation Agency, and commends us for our annexation study of this area. -20- 0 0 Co C, 3/28/66 Page Twenty -One COUNTY COMMENDATION TO- WEST COVINA Continued Mayor Nichols: The chair would like to observe that the Citv of West Covina has undertaken a comprehensive study of the remaining contiguous areas outside of the corporate City limits, The study has now been completed by the staff and this commendation from the County recognizes that it is unique and extremely comprehensive,' HOLLENBECK & CORTEZ HAZARD Councilman Heath: Weren't we supposed to have a report tonight concerning this street condition at Hollenbeck and Cortez? City Manager, Mr, Aiassa: Yes, I have a meeting scheduled this week with the trust fund representatives for the property at Cortez and Hollenbeck Streets. We will have a report for you on the llth, GENERAL TELEPHONE HEARING Councilman Krieger: How are we doing on counsel in the General Telephone hearings? City Manager, Mr, Aiassa; I talked to Mr. Watts and he said he will provide more data. I will try to have this for you at the next meeting. Councilman Krieger; This letter of March 25th was in our mail tonight, Just looking over this, Mr. Watts was not retained as the Deputy City Attorney of Anaheim to represent the City of West Covina, His firm was retained by this City to represent this City at a number of hearings and the request that I made some weeks back was a report to this City as to what accomplishments their services provided the City, The letter that we have over Mr. Watts' signature is a nice glossy summary of what has been happening in the case, The reason for my inquiry was directed solely to the justification for the retention and the services of legal counsel during the course of those hearings. In other words, did we get our money's worth, City Manager, Mr. Aiassa: • CITY CLERK None I will make a report on the findings of the consultant and their relationship to this case. -21- CO Co 3l28/66 . CITY' TREASURER Page Twenty -Two Motion by Councilman Krieger, seconded by Councilman H.eath, and carried, that the City Treasurer's report for Februarys 1966 be received and placed on file, MAYOR' S REPORTS STATEMENTS BY CANDIDATES Mayor Nichols; Among the statements that have been appearing in print in this community relative to the City Council election that is forthcoming are statements by two candidates which, in effect, relate that the citizens of West Covina, the homeowners, have too long gone.unrepresented on this Council and that, in essence, it is about time that the homeowners of this community were represented on the Council of West Covina, In my opinion, this is an effort to create the impression in this community to the citizens • not aware of the community that in fact the current City Council does not provide representation to the homeowners of West Covina, As a Councilman of this City, I would like to go on record with the following observation: In my opinion during the past two years the homeowners of this City have had more effective and courteous representation than they may have enjoyed in earlier years and, in effect, are represented by Councilmen who are very interested in the welfare of the homeowners, Finally, I believe that the record should show and that this community should be informed that loose, unsubstantiated charges that the homeowners are not being represented are doing a"disservice to this community and that unless people making such charges can be more specific, they should be more gracious, LETTER FROM SUPERVISOR DORN RE MARIJUANA INITIATIVE Mayor Nichols; The Council has copies of this resolution. It would seem that this is one resolution this Council may want to support, Mr. Williams will prepare that tonight and come back to it later in the evening, LETTER FROM INTER COMMUNITY HOSPITAL RE RETIREMENT OF MABLE DE VOL Mayor Nichols; This is a request that this City participate in some way in the retirmment program that the Inter Community Hospital is conducting to honor this individual, -22- E Is Co Co 3/28/66 Page Twenty -Three "INTER COMMUNITY HOSPITAL HONORING MAIP2E DE VOL —Continued Councilman Snyder: Miss DeVol has been with Inter Community Hospital which has served this community since the hospital was built. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that the City Attorney be directed to draw up a resolution commending .. Mable DeVol for her services to West Covina and the San Gabriel Valley, Mayor Nichols: Dr, Snyder says he will be at the festivities honoring Miss DeVol, Motion by Councilman -Jett, seconded by Councilman Heath, and carried, that Councilman Snyder represent the City Council at the retirement festivities honoring Mable DeVol, RESOLUTION NO, 3343 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE Oppose initiative re CITY OF WEST COVINA OPPOSING PROPOSED CONSTITUTIONAL INITIATIVE TO LEGALIZE, marijuana MANUFACTURE, SALE, POSSESSION, AND TRANSPORTATION OF MARIJUANA" Mayor Nichols: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Jett, 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, 3343, PROCLAMATIONS Pan American Day - 4/14/66 Pan American Week - 4/10 to 4/16/66 Mayor Nichols: COUNCIL COMMITTEE REPORTS COMPLAINT If there are no objections, I will so proclaim, (No objections voiced,) So proclaimed, Councilman Jett: I have a complaint by some ladies about the traffic problem from the students of West Covina High school created at Lark Ellen and Cameron. They feel our Police Department could do a better job, -23- C, C, 3/28/66 COIMPLAINT Continued Page Twenty -Four Motion b Councilman Jett seconded Y , o ed by Councilman Heath, and carried, that this matter be referred to the staff for recommendation and report, 'DEMANDS Motion by Councilman Krieger, seconded by Councilman Jett, to approve demands totaling $9.5'9407,85 as listed on demand sheets B232, B233 and C495, There is also the payroll register for $1920938,08, which is a fund transfer, Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None There being no further business, Motion by Councilman Jett, seconded by Councilman Heath, and carried, that this meeting adjourn at I1:00 P.M. APPROVED MAYOR ATTEST: 0 CITY CLERK ms -24