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06-13-1966 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA9 CALIFORNIA JUNE 139 1966 The regular meeting of the City Council was called to order by Mayor Krieger at 7030 P.M. in the West Covina City Hallo Councilman Gillum led the Pledge of Allegiance,, The invocation was given by Rev,, Roy Bullock, Delhaven Christian Church,, ROLL CALL Present-. Mayor Krieger, Councilmen Gillum, Nichols, Snyder (from 7040 P,,M,,), Gleckman, Others Present-. Mr. George Aiassa,. City Manager Mr. Robert Flotten, City Clerk 6 Admin. Assistant Mrs. Lela Preston, Deputy City Clerk Mr. Herman R. Fast, Public Services Director Mr,, Harry C. Williams, City Attorney Mr. Harold Joseph, Planning Director APPROVAL 'OF MINUTES • May 9, 1966 Approved as submitted as follows-. Motion by Councilman Gleckman, seconded by Councilman Gillum, and. carried, that the Minutes of May 9, 1966 be approved as submitted,, May 16, 1966 _ Approved as submitted as follows-. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carrieds that the Minutes of May 16, 1966 be approved as p'ubmitted,, May 23, 1966 Approved as amended as follows-. Councilman Gillum-. On Page 25 under Blue Ribbon Committee it should be P4blue sky" not "blue skin" Motion by Councilman Gillum, seconded by Councilman Nichols, and carried,- that the Minutes of May 23, 1966 be approved as amended,, (Councilman Gleckman abstained.) 'CITY 'CLERKP S REPORTS • PRECISE PLAN N0, 443 ACCEPT STREET IMPROVEMENTS Temple Sholom.of E.S.G,,V,, LOCATION-. South side of Merced, -- west of Orange Avenue, APPROVED Accept street improvements,, Authorize release of The Aetna Casualty and Surety Company bond No. 33 S 63506BC in the amount of $79100,, Staff recommends acceptance,, -1- CO Co 6/13/66 Page Two 'PRECISE PLAN NO,, 443 Continued a • Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to accept the street improvements in Precise Plan of Design No,, 443 and authorize release of The Aetna Casualty and Surety Company Bond No. 33 S 63506BC in the amount of $79100,,00" PRECISE PLAN NOa 428 LOCATION.- North Garvey between ACCEPT STREET IMPROVEMENTS Fairway Lane 6 Barranca,, Holiday Inns of America APPROVED Accept street improvements,, Authorize_ release of Firemanes Fund Insurance Company bond No,, C®7 05.6 135 in the amount of $31,500,, Staff recommends acceptance,, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to accept the street improvements in Precise Plan of Design No,, 428 and authorize release of Firemanes Fund Insurance Company Bond No,, Cm7 056 135 in the amount of $3,500,,00,, PROJECT C-103-1 LOCATION.- West side of Sunset between ACCEPT STREET IMPROVEMENTS Cameron and the south • Louis S,, Lopez property line of Sunset APPROVED School,, Accept street improvements,, Authorize release of The Ohio Casualty Insurance Company performance bond No,, 1 216-297 in the amount of $109322,,54,, Staff recommends acceptance,, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to accept street improvements in Project C-103-1 and authorize release of' The Ohio Casualty Insurance Company performance bond No,, 1 216-297 in the amount of $10,322,,54,, PROJECT SP-6623 ACCEPT STREET IMPROVEMENTS Billy R. Fuqua, Contractor APPROVED LOCATIONa 924 South Meeker Avenue,, Accept curb, gutter, driveway approach and street improvements,, Uncurbed-unguttered program Short form 1911 Act,, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to accept the street improvements in Project SP-6623,, • RESOLUTION NO,, 3382 ADOPTED Mayor Krieger: The Deputy City Clerk Presentedm "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS RELATIVE TO THE COST OF THE WORK DONE PURSUANT TO RESOLUTION NO,, 333011 Hearing no objections, we will waive further reading of the body of the resolution,, ®2® C. Ca 6/13/66 RESOLUTION NO', 3382 Continued Page Three • Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted. Motion passed on roll call as follows- Ayes- Councilmen Gillum, Noes- None Absent- Councilman Snyder Nichols, Gleckman, Mayor Krieger Said resolution was given No. 3382,, LIGHTING ASSESSMENT DISTRICT NO,, LAD 65-67 APPROVE REFUND APPROVED LOCATION- Property owners on north side of Cortez Street, east and west of Barranca St. Review Engineer's report. Approve refund of $746.15 for amount of over assessment. Street lighting district account No. 143@843. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to approve the refund for Lighting Assessment District No, LAD 65-67 in the sum of $746.15 from Street Lighting District Account No. 143-843, • (Councilman Snyder entered the chambers at 7-40 P.M'.). TENTATIVE TRACT N0. 29930(R) LOCATION- Whitebirch Drive between EXTEND TIME TO FILE FINAL MAP Cameron Ave. and Cortez St, Walter Laband APPROVED Review Engineer's report. Extend time to file final map of Tract No. 29930 (R) for a period of one year to July 12, 1967. Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, to extend the time to file final map of' Tract No. 29930`R') for a period of one year to July 12, 19679 subject to the 7same conditions.. PROJECT SP-6402 LOCATION- Northeast corner Sunset APPROVE PLANS 8 SPECIFICATIONS and Walnut Creek Parkway STREET WIDENING IMPROVEMENTS (former Japanese Community BY 1911 ACT (SHORT FORM) Center). APPROVED Review Engineer's report. Approve plans and specifications and authorize Street Superintendent to proceed by giving notice to construct. • Motion by Councilman Nichols, seconded by Councilman Gillum and carried, to approve plans and specifications for Project SP96402 and authorize Street Superintendent to proceed by giving notice to construct. -3- • • Co Co 6/13/66 CITY CLERK'S REPORTS ® Continued RESOLUTION NO,, 3383 ADOPTED Mayor Krieger: Page Four The Deputy City Clerk presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DIRECTING THE STREET SUPERINTENDENT TO GIVE NOTICE TO CONSTRUCT STREET IMPROVEMENTS AND_APPURTENANT ITEMS PURSUANT TO SECTIONS 5870 AND SUBSEQUENT OF THE STREET AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA ALONG CERTAIN PORTIONS OF SUNSET AVENUE AND SERVICE AVENUE" Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Nichols, seconded by Councilman Gillum, that said resolution be adopted,, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absent: None Said resolution.was given No,, 3383,, RESOLUTION NO,, 3384 Project SP®6628 ADOPTED Mayor Krieger: The Deputy City Clerk presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Mowder) Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Gleckman, seconded by Councilman Snyder, that said resolution be adopted,, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, G'leckman, Mayor Krieger Noes; None Absent: None Said resolution was given No, 3384,, RESOLUTION NO,, 3385 Project SP 6628 ADOPTED Mayor Krieger: The Deputy City Clerk presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Mowder) Hearing no objections, we will. waive further reading of the body of the resolution,, m4® • • • C,, C,, 6i13/66 RESOLUTION NO 3385Continued Page Five Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted,, Motion passed on roll call as follows: Ayes° Councilmen Gillum,, Nichols, Snyder, Gleckman, Mayor Krieger Noes. None Absent: None Said resolution was given No,, 3385. RESOLUTION NO,, 3386 The Deputy City Clerk presented. P,P. 459 PPA RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Puppi) Mayor Krieger. Hearing no objections, we will waive Further reading of the body of the resolution,, Motion by Councilman Gleckman, seconded by Councilman Nichols, that said resolution be adopted. Motion passed on roll call as follows. - Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes. None Absent. None Said resolution was given No(, 3386,, RESOLUTION NO,, 3387 Precise Plan No. 459 ADOPTED Mayor Krieger. The Deputy City Clerk presented. PPA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED" (Puppi) Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes. None Absent: None Said resolution was given No,, 3387,, -5- • • C� C,, Co 6/13/66 'CITY 'CLERM S REPORTS m Continued RESOLUTION NO,, 3388 Project..SP®6632 ADOPTED Mayor Krieger: Page Six The Deputy City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DEDICATING CERTAIN CITY OWNED PROPERTY TO PUBLIC STREET PURPOSES AND ACCEPTING SAME AS A PUBLIC STREETP°(Lark Ellen & Cameron) Hearing no objections, we will waive further reading of the body of the resolution,, Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted,, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absent: None Said resolution was given No,, 3388,, 'PLANNING COMMISSION SOUTHERLY ANNEXATION DISTRICT NO,, 203 SOUTHERLY ANNEXATION DISTRICT N0,, 204 (Maps were presented and Mr,, Joseph gave a brief summary regarding these matters,,) Motion by Councilman Snyder, seconded by Councilman Nichols, and4 carriedg that resolutions be brought in by the City Attorney consenting to proceedings for annexation of Southerly Annexation District No,, 203 and Southerly Annexation District No,, 204 and that this be done in separate resolutions,, PROCEDURE ON PUBLIC HEARINGS: ZONE CHANGE, VARIANCE, PRECISE PLAN, ETC,, Motion by Councilman Snyder, seconded by Councilman Gillum, and carried, that this matter be held at a study session, the time to be set under the City Manager°s part of the agenda,, REVISIONS TO THE SECTIONS RELATING TO SIDEWALKS IN THE MUNICIPAL CODE Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that this matter be placed on the same study session agenda as the previous item,, am • LJ C, C, 6/13/66 'PLANNINGCOMMISSION Continued REVIEW PLANNING COMMISSION ACTION OF JUNE 19 1966'' 'RECREATION 6 PARKS ACTION OF MAY 24, 1966 MEETING No items called up. Page Seven Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, to receive and file the report of May 24, 1966, CITY ATTORNEY ORDINANCE INTRODUCTION 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 364, Japanese Community Center) Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, to waive further reading of the body of the ordinance,, Motion by Councilman Nichols, 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 AMEND- ING SECTION 922209 OF THE WEST COVINA MUNICIPAL CODE RELATING TO TIME FOR APPEAL FROM DECISIONS OF THE PLANNING COMMISSION" Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that said ordinance be introduced, ORDINANCE NO, 969 The City Attorney presented - Amendment No. 75 "AN ORDINANCE OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA AMEND® ING CERTAIN SECTIONS OF THE ZONING CHAPTER OF THE WEST COVINA MUNICIPAL CODEBP (Amendment No, 75) Motion by Councilman Snyder, seconded by Councilman Gillum, and carried, to waive further reading of the body of the ordinance, -7- C, C, 6/13/66 ,ORD,INANCE NO 969 Continued Page Eight Motion by Councilman Gleckman, seconded by Councilman Snyder, that said ordinance be adopted,, Motion passed on roll call as follows° Ayes° Councilmen Gillum, Niohols,.Snyder, Gleckman, Mayor Krieger Noes,, None Absent,, None Said ordinance was given No,,'969,, 'SCHEDULED MATTERS HEARINGS VARIANCE NO, 586 Honeywell, Inc,, APPROVED Request to waive required wall by the Municipal Code m Section Resolution No,, 1891,, Called up • Mayor Krieger,, ]LOCATION; 1200 East San Bernardino Road between Lark Ellen and Vincent Avenues condition in I,P,, Zone as called for 9214A,,6, denied by Planning Commission by City Council on May 9, 1966, Is there on file the requisite affidavit of mailing and publication? Deputy City Clerks Mrs,, Prestona Yes,, The affidavit was published June 2, 1966 in the West Covina Tribune and there were 82 notices mailed out,, (A map was presented and. Mrs,, Preston read Planning Commission Resolution No,, 1891,,) Mayor Kriegera I would like to get a procedural matter clarified. This was discussed by the Planning Commission and Mr, Terzian,, This has to do with a memorandum that was filed with the City entitled "Memorandum in Opposition to Application for a Zoning Variance" which was received, discussed, and considered by the Planning Commission,, Now there has been a supplemental memorandum in opposition to the application for a zoning variance that has been received by the City and circulated among the members of the Council,, For the record, could you state the position of the matter as it concerns the public hearing, taking into consideration the supplemental memorandum? City Attorney, Mr,, Williamse the original memorandum in opposition . Planning Commission hearing, They may the supplemental memorandum, Mr, Stan Seeds< I would assume that Mr, Seeds and his company are aware of since it was presented at the not be aware of the content of We are, City Attorney, Mr, Williams° If they are not it should be read in full so that they will be familiar with it or a copy given to them, The supplemental memorandum will be presented at the point of hearing opposition testimony,, In rebuttal Mr, Seeds may respond to the supplemental memorandum, MIE • C. C6 6/13/r66 VARIANCE NO, 586 m Continued Mayor Krieger. IN. FAVOR Page Nine This is the time and place for the public hearing on Variance No. 586. Mr. Stan Seeds (Gave history of I.P. zoning 1200 East San Bernardino Road in the City of West Covina.) West Covina The requirement of this wall in question was related to single family dwelling being connected to Industrial Park property. (Presented chart and explained same,,) The neighboring property is now being developed as a nine -story building and parking lot. The unclassified use and the height variance are qualifications that take the property out of the true context of residential zoning as contemplated by the ordinance and was intended when the wall requirement was put forth. There are no windows in the nine -story building facing the Honeywell plant. The existence of a nine -story building is in itself exceptional. Secondly,, the existence of a nine -story building on residentially zoned property is exceptional. We are the only industrial park_ in the City. Granting us this variance does not bestow a privilege on our industrial park use of the land not enjoyed by others. Failure to grant a variance would provide an inequity by forcing Honeywell to pay for the wall for our neighbor which is really needed by him, has been built by him and is on his own land. This doesn't get into the general public situation since it is a boundary question between two adjoining properties. This is also not a subject covered by the General Plan. We therefore believe we have fulfilled all four requirements for the granting of the variance. The opponent has filed a brief and he has several contentions in that. I will wait on those until the time for rebuttal. One of the points brought up was a question whether or not Honeywell agreed to enter into an arrangement with the neighboring property to build a wall of joint use. This is simply not the case. We have never entered into an agreement with Dr. Mintz or Lark Ellen Towers and received a waiver originally from the City on the basis on an agreement over an ordinance. We look as our only obligation being between �Hofteywell and the City and not between Honeywell and Dr. Mintz. I think one of the key things is that we are willing to live up to the promise that we made to build this wall. It was based on the development of individual residential property and the waiver was originally brought up in order to allow judgment to be brought: into the question of whether or not the wall would be required. We now feel that in accordance with this agreement between the City and Honeywell regarding whether that waiver would stand or we be required to build the wall that the ultimate disposition of this matter should be determined on a basis of judgment and the ordinance. Judgement according to the way we look at it on this map on the wall would indicate it doesn't make good sense to put a six-foot masonry wall between a one-story industrial park building and a nine® story development, both of the areas being parking lots at the boundary, there are no windows in either building that face each other, C,, C,, 6/13/66 Page Ten VARIANCE NO,, S86 m Continued • Dr,, Mintz has put in the retaining wall and for us to put another wall in adjacent to it doesn't make good sensed Dr,, Mintz is asking for literal enforcement of the ordinance in order to get our participation in his walla At the same time, he says he doesn't want a literal interpretation; they want us to build our wall on top of his on his property,, .Either we follow the ordinance and we have two walls back to back or we aren°t going to have a literal interpretation of the ordinance and the wall will be no longer required,, 'IN QPPO'SITION Mr,, John Sobieski I agree with the interpretation 1200 East Pasadena Avenue the Council originally probably Pasadena, California intended that any ultimate requirement for the wall should be based on aJudgment and we think that this is sensible,, As I understand the facts, my client has tried several times to get together with Honeywell to see if something could be worked out and we thank it would not be sensible to have two walls side by side. We are willing to deed a sufficient amount of property to Honeywell so that one wall could be built and they could build their wall on top of our existing wall and this would save them the cost of footings,, The diagram on the board is • quite misleading,, The property is quite deep and the property in the rear of the Lark Ellen Towers extends back several hundred feet,, The people living in the Lark Ellen Towers will be out in the lawn using the pool,, There is a parking lot here but this is not the type of parking you would find in a parking lot adjacent to an industrial building,, I think the wall here would serve the purpose it was intended to serve,, It will shield the industrial parking lot from the residential area used by the people who live in the Lark Ellen Towers,, This is a nine - story building but it is a residential building,, There will be 176 residents living there,, I think the applicant has not been able to show the legal requirements for a zoning variance and I think there has been no showing that the elimination of this wall will not be detri- mental to the public interest,, Dr,, Samuel Mintz I wish to reiterate and expand 1321 South Donna Beth on the basis that the original West Covina intent of the City was to put a retaining wall or a concrete masonry wall at a six-foot level and the very intent that was meant originally is still maintained and obvious that the hospital being built in 1956 and the property having been used as an unclassified use permit I think the Council was fully aware of the existence of that property and that it was never intended to be used as a residential property since 1956; that it was to be used for related structures to a hospital and that still, too, requires the protection offered by a horizontal six-foot barrier from an industrial park. We feel that • the barrier should exist not only from San Bernardino but right through to Badillo and protect the other property,, We did attempt to meet with Mr,, Aiassa at every meeting called and to work out the problem as presented to us,, We never realized there was a problem,, We thought it was an automatic situation,, It was only later on that Mr,, Aiassa indicated to us that he wanted to avoid a no-man's land between two property owners building two fences,, This was never our intention,, ®10- C,, C,, 6/13/66 Page Eleven 'VARIANCE _NO 586 Continued • REBUTTAL Mr,, Stan Seeds-, The first word we heard of it was when the architect from Dr,, Mintz's project called and told us he would like to pick out the block to be used in the wall we were going to build for Dro Mintz. I think the time this should have been settled was at the time the variance was granted to Dr,, Mintz -to build that large a building on that site; that any existing waivers or ordinance, et cetera, concerning the adjoining property should have been settled at that time. Had we known that he was filing for these variances we certainly would have taken it upon ourselves to bring this to his attention,, A check of our company mail room has indicated we have never received any notice about the variances or unclassified use permits granted for the construction of that building,, They contend that the Planning Commission the request for a waiver on the wall originally because the adjoining property was being used as a hospital. This simply is not so,, Anyone who has driven up and down San Bernardino Road over the last three years could testify that adjoining property has been a weed field vacant for the last three years and the original plans we saw of the property we bought and that property at that time we bought our property had dashed in lines for a road to go down the middle of both parcels with residential housing development in between those two roads and it was on this basis that we were acting at the time we thought a wall would be appropriate,, Until such time as the ultimate use of the adjoining land could be ascertained, the requirement for a wall was unknown,, The background discussions were relating to single family dwellings,, They contend that the waiver of that original wall constituted an agreement by Honeywell to participate in a joint wall with Lark Ellen at a later date,, This is drawn from conversations and correspondence between the City Manager and Dr,, Mintz,, We were not aware nor were we ever made aware of any conversations between the City Mananger and Dr,, Mintz nor were we aware that letters being sent to Honeywell were also being sent blind copy to Dr,, Mintz,, Any agreement for the requirement of a wall was between Honeywell and the City,, In summing up some of this, when we built this plant in West Covina we put in about four and a half million dollars in it. We didn't file for one variance,, We paid our own way all the way,, In addition, we paid $25,000 for landscaping alone,, We paid another $25,000 for underground utilities from the back Line to our plant,, I ask you to Look at the back of Dr. Mint-z's building and see the telephone poles and light poles hanging over there,, We have tried to bring an industrial park here and live up to reasonable obligations,, There being no further public testimony, the public portion of the hearing was closed,, Councilman Gleckmano Mr,, Williams, can the City Council enforce the requirement of Honeywell to put a block wall on someone else's property? City Attorney, Mr,, Williams-. No,, You can only require them to build it on their own property,, Co Co 6113/66 VARIANCE NO 58-6 Continued Page Twelve • Councilman Snyder-. As accurately as I can recall, part of the City Council°s thinking in permitting them not to build the wall at that time was based upon the fact that although the property to the east was zoned R®1 by the General Plan, that by the very nature of the area it was thought that this probably would eventually not be R-1,, The ordinance, it is true, requires a block wall next to R®1 but this property had not had an application for anything else,, Again, the General Plan does not indicate R-1 here and I think then we felt it was reasonable to hold off on building the wall until we did see what was built there,, I would agree with the applicant that certainly a nine -story building is not a R-1 usage, whether it is used for living quarters or not,, Councilman Nichols.- It was probably easy for Honeywell to comply with the ordinance since the ordinance was written with Honeywell in mind,, Does the ordinance say specifically that a block wall shall be required when the industrial park boundary developments abuts R-l? Does it specifically state and limit it to Rml? Planning Director, Mr,, Joseph° Where an industrial park zone abuts any residential zone, a • solid masonry or concrete wall shall be provided along the common property line, six feet in height,, Councilman Nichols-. The ordinance would clearly state the case if it abutted R-49 any residential. zone, not just R-1,, Therefore, would you as the Planning Director of the City consider the Lark Ellen Towers development a residential development? Planning Director, Mr,, Joseph-. Yes,, Councilman Nichols-. Would you consider that the requirements of the ordinance as you have read them there would apply in this case? Planning Director, Mr,, Joseph-. Yes,, Councilman Nichols-. Then I would consider that if the requirements of the ordinance apply to this type of development, if it is valid and not just to R-1, then I don't think the applicant has made any showing whatsoever that he is eligible for a variance,, Councilman Snyder° As I recall, this ordinance was a combination of Planning Department and Planning Commission study!of several industrial park • ordinances and was adopted for use wherever we could put industrial park zoning,, I insist it was not tailor-made for Honeywell,, With regard to whether Rm4 is residential or not, most certainly it is residential but how reasonable is it to require a wall next to a high-rise building? Councilman Nichols-. I think we would be debating the ordinance rather than the applicant meeting the requirements of a variance,, -12- C,, C,, ' 6/13/66 'VARIANC`E NO o 58 6 Continued Page Thirteen • Councilman Snyderg I don't think that in drafting the industrial park ordinance that it was anticipated high-rise residential next to this,, Councilman Gillum,, On March 16th this letter was sent out because of -a phone call to you from the City Manager and you state, Doctor, that your development schedule was suffering and would continue to do so until the wall was constructed,, I would like clarification on that. Dr,, Samuel Mintz,, According to the plans and specifications that were approved and corrected by the City, which were guidelines for the property design and development, at the time the construction program provided for the retaining wall it was propitious to finish the wall as put in per Municipal Code. Since that time has come and gone, it has been in a stalemate situation,, There is a retaining wall there awaiting a finished block wall,, We are hoping that the cooperation would be accomplished somewhere along the line. However, the general contractor kept saying he couldn't continue,, We tried to get to Mr,, Seeds. Councilman Snyder° Planning Director, Mr, Joseph,, Councilman Snyder,, Does the ordinance specifically say that this shall be a block wall separating industrial park? A solid masonry or concrete wall,, Mr,, Seeds, is it your proposal to plant the hedge, the twelve feet of planting? Mr,, Stan Seeds; Yes,, We have twelve feet of bank,, There will be a six-foot drop on the bank and this will be landscaped and sprinkled. Councilman Snyder,, Mr. Williams, where you have a difference in elevation between two pieces of property, usually whose liability is it to build the retaining wall? The one who is higher? City Attorney, Mr,, Williams,, The one who changes the grade. Mayor Kriegerg When Lark Ellen Towers came in for approval, do you have any information as to whether or not notices were sent to Honeywell in this particular matter? Planning Director, Mr. Josephs Not without the file. Both . properties extend to Badillo,, However, the Lark Ellen Towers project is on the north half of the • property,, They don't use the property to the south. The property to the south has no unclassified use permit. Mayor Kriegers to;Page 99 Line 1.6, a twelve -foot scaped would quite obviously be an adjoining property,, What is your type of an approach? Mr. Sobieski, in the memorandum prepared by your office referring buffer zone of shrubbery well land® asset to the area and to the contention in opposition to this -13- • 0 C, Cc 6/13/66 VARIANCE NOa 586 Continued Page Fourteen Mr, John Sobieski° My thought would be it would be nice to have the shrubbery,, That is one of the initial requirements and it would be nice to have the wall,, That is also a requirement. The shrubbery, I suppose, wouldn't tend to keep out as much noise. It will provide greenery and shielding, but I suppose that the shrubbery and the wall serve different functions,, Mayor Krieger: Apparently there have been negotiations between Honeywell and Lark Ellen Towers which never have come to fruition,, If the variance is denied and the applicant is required to build this wall but refuses to accept your offer to build it upon the existing footing. what is your client's plans with reference to the use of the footing and the retaining wall? Do you intend to go up with it or what? Dr,, Samuel Mintz. - I haven't had that proposal made to us so I haven't had a decision to make,, At one time we offered to Honeywell that they build on the existing wall and their reply was that it wasn°t their property,, It is only six inches,, If necessary, we will deed the property and go ahead and then it will be on their property and they can build the fence,, However, the wall would be a problem to us and we probably would have to go ahead and finish the wall,, Councilman Nichols.- Dr,, Mintz, did you request that the City enforce the ordinance as it existed? Dr,, Samuel Mintz.- The Cityq through the City Manager's office, came to us at one time and requested we waive the bond,, I don't know whether we used the word "enforce" or not,, Honeywell developed a new grade and in the construction of Lark Ellen Towers in leveling the property we have established a new grade,, By provision we put the retaining wall on the property line to match up with the retaining factor or the grade that was now existing,, Councilman Nichols: At this time why did you use this procedure to meet a need rather than request enforcementof the ordinance that you knew existed requiring Honeywell to erect the wall prior to the building of the wall that you have constructed? Dr, Samuel Mintz; It was my understanding that when the time was required that we would require the wall that would be the time that we should request it through the City Manager's office,, Councilman Nichols-. It seems to me what you have putting half a wall up there is really done, to create a rather in effect, illogical is by situation,, Councilman Snyder: It seems to me the intent of the ordinance was to protect residential uses and not to protect other uses which may be permitted in a residential zone, There was a difference in grade along this line before any grade changes were madeq before all of this started; is that true? Planning Director, Mr, Joseph.- Yes, -14- r� U C, Ca 6/13/66 'VARIANCE .NO, 586 Continued Page Fifteen Councilman Snyder, The purpose of ordinances is to solve problems between neighbors and not to create them, The intent of this ordinance in asking for such a wall specifically limited it to residential property, The intent of the ordinance was to protect residential homes and their backyards from whatever might be built by the industrial park property. It doesntt seem to me with a nine -story building there that the wall serves any purpose, serves the intent of the ordinance and really solves any problem for the property, I think the grounds for a variance have been met, Mayor Krieger-, I think both the applicant and the opponents have failed to exercise in a situation where good judgment was not only dictated but required very good judgment, I am not empowered to place the blame or the responsibility for this matter on either one of them but I certainly believe that -this matter should properly have been settled outside of this Council chambers, The burden is now on this Council to perpetuate an antagonism between two property owners and whichever way this Council decides, this situation will continue, I think it would be a ridiculous situation if we end up with two walls side by side or a foot apart or two feet apart going south from San • Bernardino Road, I take into cognizance the fact that when Honeywell came in for their industrial park zoning this became a matter of the ordinance and the Council could then at that time only deal with the facts before it, This Council, I think, should dealwith the facts before it, We have on one side an industrial park and we have on the other side a nine -story building. I can't conceive of the applicability of this particular condition to a situation that exists as it does today, What bothers me about the requested variance is that this condition does not exist on the back apparently one-half of the property, and the back one-half of the property has not reither been constructed upon nor has an unclassified use nor a variance granted by this -or any past Council to the property owner., It is conceivable that that property may develop in what might conventionally be referred to as a single family residential area, My own predisposition on the variance can be very simply stated, and that is to grant the variance in part and to deny the variance in part and that is to grant the variance as it pertains to the front part of the property and to deny the variance as it pertains to the rear portion of the property. As far as the imposition of the condition itself is concerned, I would have no personal desire to see the imposition of the condition at this time, I would tend to see how that property develops and if it develops what I would conceive of as conventional R®1 residential • property then to impose upon the applicant to construct the wall, Councilman Snydere Move that Variance No, 5869 Honeywell, be granted waiving the wall along the common line of Honeywell and Lark Ellen Towers but requiring it on the common line between the R®1 to the east and Honeywell until such time as this is developed under the provisions of the Industrial Park and Rml ordinances, if it is developed in _that manner, m15® • n LJ • Co Ca 6/13/66 VARIANCE NO,- 586 Continued Page Sixteen Mayor Krieger- Mr,, Williams, could the motion be conditioned that the condition will be imposed for the construction of the wall on the south portion of' the property at such time as the property to the east is developed period? City Attorney, Mr. Williams: Yes, it could be but suppose it is developed by another nine - story building? Mayor Krieger- Then it would be up to the appli- cant to appear before the Council at such time and request a variance with regard to that portion,, City Attorney, Mr,, Williams: Councilman Gillum: Councilman Nichols- faces right now and will encourage a thing and I can't go along with it,, Action on Councilman Snyder's motion- Councilman Gillum- Councilman Nichols- Councilman Snyder: You can do it although I think the other motion was better. I will second Dr. Snyder°s motion,, I think the motion perpetuates the condition that the Council repetition of this same sort of Aye,, No Aye,, Councilman Gleckman- I am going to vote "Aye"" making the comment that I am reserving the privilege of having this be adopted at a later date with the idea in mind that maybe the two applicants can get together on their own without this Council having to take some type of action one way or the other,, Mayor Krieger - GENERAL MATTERS ORAL COMMUNICATIONS ALSCOT REQUEST Aye,, Mr,, Frederick L,, Simmons I am the attorney for.Alscot 811. West 7th Street Development Company, the owner Los Angeles 17 of the property at 825 South Glendora Avenue,, The forward portion of that property was in 1963 zoned C-1 subject to the provision that the zoning would not become effective until certain building then planned to be constructed was, in fact, built on the property,, Since that date last month my client by communication to the Council advised that the situation in economics are such that -16- • • C, C, .6/13/66 ALSCOT RE 'QYEST Continued Page Seventeen they can't proceed with the construction of the building planned and had requested the condition be removed by the Council, There is a pros- pective sale on the property, Time is short, It is our request that you act, I believe all the material and information has been made available to you, I am here to answer any questions you may have, Mayor Krieger, WRITTEN COMMUNI`CATI`ONS None *CITY ATTORNEY (Continued) ORDINANCE RE TRUCK ROUTES HELD OVER TO 7/25/66 We will take this matter up later on our agenda, The City Attorney presented, "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" Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that this matter be held over to the meeting of July 25., 1966, ORDINANCE NO, 970 The City Attorney presented, ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING SECTION 6239 OF THE -WEST COVINA MUNICIPAL CODE RELATING TO THE REVOCATION AND SUSPENSION OF BUSINESS LICENSESVf Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Gleckman, seconded by Councilman Gillum, that said ordinance be adopted, Motion passed on roll call as follows - Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes, None Absent, None Said ordinance was given No, 970, ®17® LJ • C� C, C, 6/13/66 'CITY ATTORNEY Continued ORDINANCE Z. C. #360 ADOPTION FAILED Page Eighteen The City Attorney presented - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 360, Ray Anderson) Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Nichols, seconded by Councilman Gillum, that said ordinance be adopted, Motion failed on roll call as follows - Councilman Gillum: Aye, Councilman Nichols- Aye, Councilman Snyder- No, Councilman Gleckman: Having listened to the tape and read the record I feel that proper cause for the need has not been shown and I am going to vote "No", Mayor Krieger; No, Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that a resolution be drawn denying Zone Change No, 360, Anderson, (Councilmen Gillum and Nichols voted "No",) RESOLUTION NO, 3389 The City Attorney presented.: U.U.P. #108 "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA DENYING UNCLASSIFIED USE PERMIT N0, 108" (Japanese Community Center)' Mayor Krieger - Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder9 seconded by Councilman Nichols, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Mayor Krieger Noes- None Absent: None Abstained: Councilman Gleckman Said resolution was given No, 3389, L' r-I LJ • C, Cc 6/13/'66 'CITY'ATTORNEY Continued RESOLUTION APPROVING PRECISE PLAN OF DESIGN #485 NOT ADOPTED Mayor Krieger: Page Nineteen The City Attorney presented: -"A` -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO, 485YB (Ray Anderson) Hearing no objections, we will waive further reading of the body of the resolution, Motion by -Councilman Snyder, seconded by Councilman Gleckman, and carried, that the City Attorney be directed to prepare a resolution denying the approval of Precise Plan of Design No, 485, (Councilmen Gillum and Nichols voted "UoP°, ) RESOLUTION NO, 3390 ADOPTED Mayor Krieger: The City Attorney presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RELATING TO THE COMPENSATION OF THE CITY MANAGER" Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Snyder, seconded by Councilman Gillum, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Snyder, Gleckman, Mayor Krieger Noes: Councilman Nichols Absent: None Said resolution was given No, 3390, AUTHORIZATION TO BRING SUIT ON PROMISSORY NOTE AGAINST MR, AND MRS, GEORGE N, PLEICH Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that this matter be held over to the meeting of June 27, 1966, 'CITY' MANAGER AUTHORIZE THE AZUSA AVENUE RIGHT-OF- WAY PURCHASE FROM VALENCIA WATER COMPANY Motion -by Councilman Nichols, seconded by Councilman Gillum, that the City Manager be authorized to settle the matter and draw a warrant in the amount different from that on deposit; authorized to settle for the amount of $7,500,00,- Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absent: None _19- C, C, 6/13/66 Page Twenty CITY MANAGER m Continued • REMOVAL'OF PALM TREES Motion by Councilman Nichols, seconded by Councilman Gillum, to re- locate the 47 trees at a cost estimate of $150,00 each or a total of $79050,00 for proposed project between Walnut Creek Wash and Vine, Motion passed on roll call as follows.- Ayes.- `Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes.- None Absent.- None Mayor Krieger.- We have to either buy the right- of-way or institute a 1911 Act for the right-of-way acquisition or do nothing, City Attorney, Mr, Williams: You need a 60o petition, The City can use its own property as a portion of an assessment district if -it pays its share, and*so can the school, In a 1911 Act the assessment has to be allocated according to the benefit received, It might be well to talk'to Larry Thompson about it, Mayor Krieger., .I tend to feel that when the • alternatives are between Walnut Creek Wash and Vine and yet there is some question as to the percentages that are involved and perhaps the district if it went one way should properly encompass a shorter strip that this may be more appropriate to hold over for further information because I think it is material to the Council's decision, Councilman Snyder.- I would agree, Councilman Nichols.- It seems to me that where we have streets in the City that are secondary highways and carry a major flow of traffic that pretty much relative to what Mr, Williams has said that the widening of the street, the creating of more space for more automobiles to use that street is of no benefit to the property owner per se at all, Perhaps in a sense in some streets it would be a detriment but that the improvements in terms of curbs and gutters or sidewalks are a definite benefit to the property owner and in these types of instances it would be my opinion that ethically.the City should, where necessary, acquire by purchase the right-of-way and, if necessary, institute the 1911 Act for the improvements of curbs and gutters, Councilman Gleckman.- I would like to see us institute some type of action where at this time we can take some forward steps in getting the City their streets and curbs and gutters constructed and not sit back -and say •maybe we will do this and maybe we will do that. I would like to see the staff come in with a firm recommendation as to how soon we can get the job done and let the Counoil decide at that time what action to take, Motion by Councilman Snyder, seconded by Councilman Gleckman, that the staff bring back a report as to the property involved and the alternatives and the necessary information the Council needs to determine the difference between these alternatives, Councilman Nichols.- I think this could be taken care of tonight, -20® • • Co C, 6/13/66 PALM TREES REMOVAL - Continued Action on Councilman Gleckman's motion: Nichols voted "No",) RUPPERT PROPERTY ABATEMENT Page Twenty -One Motion carried, (Councilman Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, to accept the report and place it on file; that an extension of 30 days be granted, TRAFFIC COMMITTEE MINUTES June 89 1966 Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that the Traffic Committee Minutes of June 8, 1966 be accepted and placed on file, COUNCIL CALENDAR. PUBLIC WORKS TOUR City Manager, Mr, Aiassa: Mayor Krieger; QUEEN OF VALLEY HOSPITAL TOUR Mayor Krieger: CROWN COACH TOUR Mayor Krieger: Councilman Gillum: City Manager, Mr, Aiassa: • LEAGUE MEETING ON RETIREMENT (6/29) REQUEST OF CITY MANAGER TO ATTEND This will be on the 20th at 4:00 P,M, Fine, The gentlemen of the press are invited to go with us on the tour, This will be July 13th, Mr, Aiassa will coordinate that date for us, The invitation is for June 23rd at 6:00 PM, I would like to go, I will so notify them, Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that the City Manager be authorized to attend the League meeting on retirement in Berkley; California on June 29, 1966; that the City Manager's expenses be authorized not to exceed $65,00', -21- • C, C, 6/13/66 'CITY MANAGER Continued LEAVE OF ABSENCE WITHOUT PAY J, C, Gaines Page Twenty -Two Motion by Councilman Nichols, seconded by Councilman Gleckman- and carried, that an additional leave of absence without pay for two calendar months be granted to Mr, J. C, Gaines- such leave to be effective June 15, 1966, CHAMBER/CITY AGREEMENT 1966/6? Mayor Krieger: CITY CLERK SIDEWALKS PETITION We will defer to the continued Council budget hearing. We will set the date later, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to receive and file the petition for sidewalks north side of Puente and east side of Vincent; letter from Covina Unified School District in support of said petition9 that said items be referred to the staff for report, SEWERS PETITION Motion by Councilman Gleckman, seconded by Mayor Krieger, and carried - to receive and file the petition of Mrs, Robert L. Vader for sewers on Spring Meadow Drive; that said petition be referred to the staff for report, WORLD ORPHANS° FOUNDATION REQUEST Mayor Krieger: The request is to solicit door- to-door from May 25th through October 30, 1966, (Read letter re this matter,) Motion by Councilman Nichols, seconded by Councilman Gleckman- and carried, that because this is not a national organization- because there are thousands and thousands of private organizations that are • non-profit and the City certainly cannot allow all of them to come into this City and solicit for their own purposes, and because this request is for a far excessive length of time, that the Council deny this request for solicitation no matter how worthy the cause may be, Mayor Krieger: Would the staff prepare a letter for my signature directed to these people advising them of the Council°s decision? City Manager, Mr, Aiassa: Yes, -22- • Co C, 6113/'66 CITY,CLERK - Continued RESOLUTION NO, 3391 ADOPTED Mayor Krieger: Page Twenty -Three The Deputy City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF WEST COVINA COMMENDING SOUTH HILLS HIGH SCHOOL BASEBALL TEAM" Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Gi11um9�Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absent: None Said resolution was given No, 3391, APPLICATION FOR OFF -SALE 'DEER AND WINE LICENSE OF IRBIGARD AND 1?OLF THIERRY AT 178 SOUTH GLENDOR 1% AVE, (Post -Horn) 'MAYOR @ S REPORTS PERSONNEL BOARD No protest, City Manager, Mr, Aiassa: They are continuing their meeting to the 29th, They haven't been able to resolve their problem. The joint meeting with the Personnel Board on the 15th will not take place, Mayor Krieger: June 29, 1966 at 7030 P,M, Councilman Gillum: STUDY MEETING We will hold a joint meeting with the Personnel Board on I will not be able to attend that meeting, Mayor Krieger: We will need a study meeting on • the items from the Planning Commission, These matters will be taken up under the adjourned regular meeting of the Council on Wednesday, June 22, 1966 at 7:30 P,M', We will add other items to that agenda, After the public works tour on Monday, a week from today, we anticipate we might be able to complete the budget at that time, -23- C,, C,, 6/13/66 MAYOR°S REPORTS ® Continued • REPORTS City Manager, Mr,, Aiassa° I have two to give to a zoning case,, The other is a report on the use a.nd nonprofit corporation for financing County reported to the Board of Supervisors,, These are Page Twenty -Four reports I would like the Councilo One is of the public authority construction that was for your files,, Motion by Councilman Nichols, seconded by Councilman Snyder, and carried, that the Council direct the Mayor or someone designated by him to attend the scheduled hearing at 9-.30 A,,M,, on Thursday, June 30, before the Board of Supervisors to add an oral objection in addition to the written objection to this zoning matter* that this concerns County Zoning Case No,, 5074,, AMERICAN FIELD SERVICE WEEK Mayor Krieger-. week and I have handed students which will be the host starting with . continuing through the at the youth facility,, There has been a request to proclaim American Field Service out to the Council the proposed tour of these conducted within the City of West Covina as the Planning meeting of June 9, 1966, and activities of Saturday, June 25th with dinner Hearing no objections, I will proclaim the week of the 20 th of June as American Field Service Week in the City of West Covina and hand to the City Clerk information pertaining to the American Field Service for the preparation of an appropriate resolution BLUE RIBBON COMMITTEE RESPONSE Mayor Krieger° As of June 131, 1966 the grand total of 471 responses have been received. indicating only the first choices-. Civic center, 41; Swimming pools, 32; Annexations, 9; Capital Improvement Programs, 27; General Plan updating, 469 City Charter, 10; Huntington Beach Freeway, 45; Water resources, 21; Recreation and Parks improvements, 459 Traffic flow and circulation, 25; Commercial revitalization, 27, Cultural enhancement, 43, Vehicular, Bicycle and Pedestrian Safety, 15 City Beautification, 30,, • VALINDA ANNEXATION MEETING Mayor Krieger: annexation meeting having to do urges a member of the Council to day for the capital improvement Councilman Snyder° There is a request for representa- tion dated June 13th, 1966 at the with the Valinda Annexation,, The staff attend this meeting,, This is the tour,, I think it is more important that we go to the capital improvements,, -24- C, C, 6/13'/66 Page Twenty -Five VALINDA ANNEXATION MEETING Continued • Mayor Krieger - There will only be staff representation, I suggest in making their presentation or comments they point out to this group that the Council of' this City customarily meets on Monday evenings and that the timing of their meeting was excluding a Councilman from attending, SUBURBAN WATER LETTER Mayor Kriegere We have a letter from Suburban Water calling to our attention the fact that there is an ex parte application to file before the P,U',C, by the West Covina/Walnut Water Company for an order granting a certificate of public convenience to establish rights and water services in the area of approximately 69700 acres owned by Home Savings and Loan within and adjacent to the City limits of West Covina, It is suggested that the City Council take action, (Read letter re this matter,) I will refer this. matter to the staff and ask them to prepare and furnish to the Council for the next regular meeting their comments and suggestions, Councilman Nichols-, I would like to see the Council communicate with the State Public Utilities Commission asking that no action be taken on any application for a change of water service of any sort without it being a matter of public hearing -where this City could appear, Councilman Gleckman-, Why don't we leave it to the staff to bring us some type of report and see what they can come up with? Councilman Snyder-, For those who speak strongly for private ownership of water companies, it seems inconsistent to limit free enterprise by supporting any opposition to another one, RESOLUTION OF COMMENDATION Mayor Krieger-, There was a report from the Police Chief which somehow never got on the agenda in the past and I bring it to your attention to determine whether or not the Council desires to prepare a resolution of commendation and appreciation to Officers Korton and Holmes for the law enforcement services rendered by them in the apprehension of the bank robber, Lloyd Woodruff, on May 9th, Motion by Councilman Gleckman, seconded by Councilman Gillum, that the staff be directed to prepare a resolution of commendation and appreciation to Officers Korton and Holmes for their law enforcement services rendered by them in the apprehension of the bank robber, Lloyd Woodruff, on May 99 1966, -25- C, C, 6/13/66 Page Twenty -Six RESOLUTION OF COMMENDATION 'Continued • Councilman Snyder-, I 1 wou d like to know whether this chase was undertaken at high speed and if undertaken at -high speed)if the officer at that time knew that he had a guilty party under chase, I commend the men for catching the bank robbers but I strongly oppose high speed chases under any conditions and I have some feeling that'a high speed chase occurred here and innocent parties, lives were put in danger, If I am wrong, I will be glad to vote for this resolution, Action on Councilman Gleckman,s motion-, Motion carried, (Councilman Snyder voted "No",) BAPTIST SEMINARY Mayor Krieger; On the Baptist Seminary response directed to you on May 20th, I never saw that come back on our agenda, Ts there some action required? This has to do with the "Welcome„ signs to the City of' West Covina, Public Services Director, Mr, Fast-, The letter indicated then would not comply with our request, Motion by Councilman Nichols, seconded by Councilman Gleckman and carried, that the staff be directed to seek another location for the "Welcome to West Covina" sign on the east side of West Covina on the San Bernardino Freeway, ALSCOT DEVELOPMENT COMPANY Mayor Krieger-, The last action of the Council in this regard was to receive and file the letter of June 2nd from Alsc6t Development Company, I believe, Mr, Williams, I am correct in summarizing your comments that the Council under this request has three procedures, One would be to consider the matter of the amendment., specifically deleting the clause having to do with the completion of an office building without public hearing; to consider it as a matter of public hearing and direct public hearings be held; or suggest to the applicant that he file a zoning application with regard to the entire property, Councilman Nichols Move that this matter be set for public hearing and that this be a. City Council initiated hearing but that this matter should be referred to the Planning Commission for recommendation and hearing, City Attorney, Mr, Williams-, That the Planning Commission be n their own motion a proceeding to consider there changedof.ozonetontthis property to C-l? Councilman Nichols-, I intend to refer this matter to the Planning Commission for public hearing as to the deletion of this condition so people a party to the zone change may be given notice that a condition attached to that may be deleted, H • C, C, 6f13/66 Page Twenty -Seven ALSCOT DEVELOPMENT COMPANY Continued Move that it be recommended to the Planning Commission that in order they will initiate a hearing on this request and recommend to this Council a course of action, City Attorney, Mr, Williams: The zone is not now C®1. If they initiate and hold a hearing the only thing they are allowed under the State law and our Code to do is hold a hearing on the changing of the zone to C®1, In doing so they can consider the existing state of the ordinance, Councilman Nichols- I don't believe that this Council should on its own initiate a proceeding that creates a zone change for this property, The request is that a zone change would become effective upon the building of this particular facility and if you delete the condition that this make . the zone change effective as of the time of your action of deletion, would it .not? City Attorney, Mr, Williams;; acting on the matter already heard? That is true, You are then considering but you are still Councilman Nichols-. My motion is that the Planning • Commission hold a hearing on this matter and vote whether this should be done and make such a recommendation to the Council, Action -on Councilman Nichols' motion: carried, DAIRY MONTH Mayor Krieger: Seconded by Mayor Krieger, and If there are no objections, I will proclaim June as Dairy Month, (No objections voiced,) So proclaimed, a REVISIONS TO RETIREMENT 1 Mayor Krieger: There is a letter addressed to me from the Chairman of the Personnel Board handed to me tonight having to do with the revisions on retirement under the contract with the State Employees' Retirement • System, I would like to have this matter added to our study agenda on the 22nd, -27- • • C. CQ 6/13/66 CO'UNCIL *COMMITTEE REPORTS CENTRAL BUSINESS DISTRICT Page Twenty -Eight Councilman Gillume Wednesday night we met with the major property owners from the Central Business District and Mr. McCann was there representing the Planning Commission. Ray Windsor was there representing Mr. Aiassa's office. They recognize the problem and they are going to work together with the suggestion and help of the merchants in the Central Business District and try their very best,, I am sure they will succeed in obtaining goals we want to see in the district. It was a good productive meeting. Mayor Kriegers I want to commend you on the work you are doing on this committee,, Most of this work is behind the scenes and you and Mr,, McCann, as well as the members of this committee which include Mr. Wax and Mr,, Brutoccaand the property owners are certainly making strides in the direction that has never been attempted before,, I appreciate it,, HUMAN RELATIONS COUNCIL ANNUAL AWARDS DINNER Councilman Nichols; I have been asked to inform the Council that the annual awards dinner of the Human Relations Council is scheduled for Thursday Nights June 30, 1966, and I have received 12 tickets and would be pleased to furnish two of them to each Councilman who might be able to make this meeting. Councilman Gleckmane Councilman Snyder: Councilman Gillum: 'DEMANDS I will .take two. I will take two. I will take two. Motion by Councilman Nichols, seconded by Councilman Snyder, and carried, that for the remainder of the current Council year until the Council re -organization in April of next year that Councilmen Gleckman and Gillum be assigned the responsibility of reviewing and approving warrants to be effective at the next presentation of warrants following this Council meeting and thereafter until the re -organizational meeting,, (Councilmen Gillum and Gldckman abstained,,) GERMANY COMMUNICATION Motion by Councilman Snyder, seconded by Councilman Nichols, and carried, that the Mayor be authorized to write a letter to the Mayor of Cologne, Germany introducing Miss Cynthia Mulvain from West Covina High School. -28- • C, C, 6113/66 Page Twenty -Nine 'COUNCIL COMMITTEE REPORTS 'Continued COMMENDATION Mayor Krieger: Councilman Nichols ran for the 49th Assembly on the Republican primary, I did not make a statement last Monday night because it was the eve of election and I thought it would be inappropriate, but I want the record to reflect that despite a strenuous campaign, the Mayor knows of no meeting of this Council that Councilman Nichols missed during this campaign nor any other duties*or responsibilities as a Councilman that he unintentionally or inadvertently neglected and I would like to express to him my appreciation for the manner in which he conducted his Councilmanic duties while running for the State Assembly, Councilman Nichols: Thank you, I appreciate that very, very much, 'DEMANDS Motion by Councilman Nichols, seconded byCouncilmanGleckman, to approve demands totaling $408,269.56 as listed on demand sheets B242 through B245 and C509 and C510, Motion passed on roll call as follows: Ayes; Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absents None There being no further business, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this meeting be adjourned at I1s00 P.M. to June 209 1966'at 4s00 P,M`, ATTEST: CITY CLERK APPROVED MAYOR -29-