Loading...
12-27-1966 - Regular Meeting - MinutesMINUTES OF THE RECULAR.MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA DECEMBER 27, 1966 The regular meeting of the City Council was called to order by Mayor Krieger at 7:30 o'clock P,M, in the West Covina City Hallo Councilman Gillum led the Pledge of Allegiance, The invocation was given by Rev, William B, Key, St, Martha's Episcopal Church, ROLL CALL Present: Mayor Krieger, Councilmen Gillum, Nichols, Snyder (from 8.25 P,M,), Cleckman Others Present; Mr, Robert Flotten, City Clerk 8 Admin, Assistant Mr, Herman R. Fast, Public Services Director Mr, Harry C, Williams, City Attorney Mr, George Zimmerman, Assistant City Engineer Absents Mr, George Aiassa, City Manager APPROVAL OF MINUTES December 8, 1966 - Approved as corrected.as follows - Mayor Krieger: On Pape 7 I would offer a correction to the motion as I remember it being made by Councilman Nichols and seconded by Councilman Gillum, As I remember the motion, it was to the effect as stated except that the first paragraph which reads ", , , and will be amended by consultants, if necessary, to conform to decisions of the Planning Commission and/or City Council" and that the words "that the contract was" were not part of the motion but the motion pertained as regarding review or modification only to that one clause; is that correct? Councilman Nichols: Yes, Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the Minutes of December 8, 1966 be approved as corrected., December 12, 1966 - Approved as submitted as follows - Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the Minutes of December 12, 1966 be approved as submitted, December 19, 1966 - Approved as submitted as follows: Motion by Councilman Gleckman, seconded by Councilman Gillum_, and carried, that the Minutes of December 19, 1966 be approved as submitted _ ®1_ • • C, C, 12/27/66 CITY CLERK'S REPORTS PROJECTS MP-6423 (CAMERON PARK) AND MP-6425 (CORTEZ PARK) ACCEPT SPRINKLER SYSTEM IMPROVEMENT Allied Sprinkler Company APPROVED Page Two LOCATION: Cameron and Cortez Parks, formance bond No, M-119,457 in the amount acceptance, Accept sprinkler systems in Cameron and Cortez Parks, Authorize release of Pacific Employers Insurance Co, perm of $25,895, Staff recommends Motion by Councilman Gleckman, seconded by Councilman carried, to accept the sprinkler system improvements MP-6423 and MP-6425, and authorize release of Pacific Company performance bond No. M-119,457 in the amount PRECISE PLAN NO, 508 ACCEPT SIDEWALK AND STREET IMPROVEMENTS Union Oil Co, of APPROVED (R) Calif, bond No, B-500082 in the amount of Gillum, and in Projects Employers Insurance of $25,895,00, . LOCATION; Northwest corner Sunset and Badillo, Accept sidewalk and street improve- ments. Authorize release of United Pacific Insurance Company performance $2000, Staff recommends acceptance, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to accept sidewalk and street improvements in Precise Plan of Design No, 508 (R) and authorize release of United Pacific Insurance Company performance bond No. B-500082 in the amount of $2,300,00, PRECISE PLAN N0, 503 (R) ACCEPT SIDEWALK AND DRIVEWAY IMPROVEMENTS Union Oil Co, of Calif, APPROVED Company performance bond No. B-500057 recommends acceptance, LOCATION; Southeast corner Merced and Glendora Avenues, Accept sidewalk and driveway improvements, Authorize release of United Pacific Insurance in the amount of $2,000. Staff Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to accept sidewalk and driveway improvements in Precise Plan of Design No, 503 (R) and authorize release of United Pacific Insurance Company performance bond No. B-500057 in the amount of $2,000,00, PROJECT SP-67020 RESURFACING, VARIOUS STREETS APPROVED LOCATION: Cameron, from Inman Road to Citrus; Citrus from Cameron to Cortez; and Workman from Sunset to Hartley, Review Engineer's report, Authorize City Engineer to proceed with street resurfacing Project No, SP-67020, Use Accounts Nos, 121-6437 and 812-53, Motion by Councilman Gleckman, seconded by Councilman Gillum, to approve the resurfacing of various streets in Project SP-67020, and authorize the City Engineer to proceed with said project, -2- Co C, 12/27/66 Page Three PROJECT SP-67020 - Continued • Councilman Nichols: I think it would be helpful in the record if the estimated .figures simply could be included in the authorization. As it is, anyone in the world will Look at this six months later and say they authorized a great cbal of work here to begin and I wonder what they were talking about in terms of money. Public Services Director, Mr. Fast: What you are authorizing is to proceed with the plans and specifications and utilize these funds for this project. When we do come back with the award, the Council will make a specific award. Mayor Krieger: Assuming the affirmative action of the Council in this matter, what is the next step taken by the staff? Public Services Director, Mr. Fasts We would prepare plans and specifications and submit them to bid and after the bid opening we bring it back to the Council, give you the bid spread, and,recommend an award to a certain contractor. Councilman Nichols: I would like in my minutes to be able to refer to estimated costs -- = from this report. Action on Councilman Gleckman's motions Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger Noes: None Absents Councilman Snyder L.I.GHTING ASSESSMENT DISTRICT LOCATION: North side of Cortez, N0, LAD 66-71 east and west of APPROVE REFUND OF OVERPAYMENT Barranca Street, OF ASSESSMENTS APPROVED Review Engineer's report. Approve refund in the amount of $746.15 for overpayment of assessments from Street Lighting District Account No. 141-568. Motion by Councilman Gleckman, seconded by Councilman Gillum, to approve the refund of overpayment of assessments in Lighting Assessment District No. LAD 66-71 in the amount of $746.15 from Street Lighting District Account No. 141-568; further that the controller be directed to prepare refund checks for the individual property owners as -.set forth in the staff report on December 22, 1966. • Mayor Krieger: I have a question on the report of December 22nd On the face sheet,..second to the last paragraph, states: "Property owners within this area received street lighting assessments on their tax bills but have derived no benefit from the installation of street lights in front of their property." What does this mean? Public Services Director, Mr. Fasts There were no street lights installed. -3- C, C, 12/27/66 Page Four LIGHTING ASSESSMENT DISTRICT N0, LAD 66-71 - Continued Motion by Councilman Gleckman passed on roll call as .follows: Ayes: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger Noes: None Absent, Councilman Snyder RESOLUTION NO, 3514 ADOPTED Final,Map Tract 26875 Mayor Krieger: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO, 268759 ACCEPTING AN AGREEMENT BY THE SUBDIVIDER, AND A SURETY BOND TO SECURE THE SAME" 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, Gleckman, Mayor Krieger Noes: None Absent: Councilman Snyder Saidresolution was given No, 3514, RESOLUTION NO, 3515 ADOPTED Rama -Drive Mayor Krieger: The 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 STREET" 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, Gleckman, Mayor Krieger Noes: None • Absent: Councilman Snyder Said resolution was given No, 3515, -4- C, Co 12/27/66 CITY 'CLERK'S REPORTS - Continued • RESOLUTION NO, 3516 ADOPTED Sunset & Service construction Mayor Krieger Page Five The City Clerk presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONFIRMING THE REPORT OF THE SUPERTNTENDENT OF STREETS RELATIVE TO THE COST OF WORK DONE PURSUANT TO RESOLUTION NO, 3412 - NORTHEAST CORNER. OF SUNSET AND SERVICE AVENUES" 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, Noes- None Absent- Councilman Snyder Nichols, Gleckman, Mayor Krieger Said resolution was given No, 3516, • PLANNING COMMISSION COMMUNICATION FROM PLANNING COMMISSION RE C-1 ZONE Councilman Gleckman- If there are certain usages that are presently in the C-1 zone, how do we go about getting them out? City Attorney, Mr, Williams- You can amend the sections that ordinance to amend the section list the uses, It takes an of the code. It can be initiated here or by the Planning Commission, Councilman Nichols- I don't agree with the City_ the Planning Commission, but I Attorney and I don't agree with don't think I want to make further comment this evening, Mayor Krieger- The second item had to do with the intent wording of Section 9211,1 of C-1 and this has been referred to theCity Attorney's office for correction of language, • Motion. by Councilman Gleckman, seconded by Councilman Gillum, and. carried, that the report re this matter be received and placed on file, PLANNING COMMISSION ACTION OF DECEMBER 21, 1966 So indicated by Mr, Flotten, No items called up by the Council, -5- C, C, 12/27/66 Page Six RECREATION 8 PARKS 9 None CITY ATTORNEY ORDINANCE NO, 986 The City Attorney presented; ADOPTED "AN ORDINANCE OF THE CITY COUNCIL Yard Control OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE BY THE ADDITION THERETO OF A NEW SECTION 4135 PROHIBITING CERTAIN OBJECTS AND MATERIALS IN FRONT YARDS AND IN CERTAIN PORTIONS OF SIDE AND REAR YARDS" Motion by Councilman Gleckman, 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 ordinace be adopted, Motion passed on roll call as follows; • Ayes: Councilmen Gillum, Noes: None Absent; Councilman Snyder Nichols, Gleckman, Mayor Krieger Said ordinance was given No, 986, RESOLUTION N0, 3517 ADOPTED Civil Defense surplus property - 109 Mayor Krieger; The City Attorney presented; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA NAMING AUTHORIZED PERSONS WHO MAY SIGN S,E,A,S,P, FORM N0, 109 OF THE CALIFORNIA STATE EDUCATIONAL AGENCY" 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, Noes-, None Absent Councilman Snyder Nichols, Gleckman, Mayor Krieger 0 Said resolution was given No, 3517, 5.2 C, C, 12/27/66 CITY ATTORNEY - Continued-. RESOLUTION NO, 3518 ADOPTED Civil -Defense surplus property - 111 Mayor Krieger: Page Seven The City Attorney presented; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA NAMING AUTHORIZED PERSONS WHO MAY SIGN S,E,A,S,P, FORM NO, 111 OF THE CALIFORNIA STATE EDUCATIONAL AGENCY" 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, Noes: None Absent: Councilman Snyder Nichols, Gleckman, Mayor Krieger Said resolution was given No, 3518, O"MELVENY & MYERS STATEMENT . (Forest Lawn) Mayor Krieger: We have received a written report on this matter, City Attorney, Mr, Williams: This is simply the cost bill submitted in the Forest Lawn case which the City elected to drop so we must pay for the cost expended in.the D,C,A, and in the Superior Court, Mayor Krieger.: This is listed in the warrants for this evening, We will not take .any action on this matter at this time, SCHEDULED MATTERS HEARINGS STREET IMPROVEMENT DISTRICT LOCATION: Lark Ellen Avenue, Vine AD 1-66 - LARK ELLEN AVENUE Avenue to Walnut Creek Channel DEBT LIMIT REPORT —PROTEST HEARING Mayor Krieger: This is the time and place for the hearing on the Debt Limit Report prepared pursuant to Division 4 of the Streets and Highways Code for the improvement of Lark Ellen Avenue, Mr, City Clerk, do you have the affidavit of mailing relative to this hearing? City Clerk, Mr, Flotten: I have the affidavit, -7- Ce C, 1.2/27/66 Page Eight STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN)-- Continued Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the affidavit of mailing relating to this matter be received and placed on file, Mayor Krieger: Mr, Rosetti, you are the assess- ment engineer on this matter, Will you please present the facts or data of this report? Mr, Pat Rosetti.- (Gave summary of this matter,) The total estimated cost is $79055,52; cost of incidental expenses, $29,983,32; estimated cost of acquisition, $149750,00; grand total, $125,688,84, The City°s contribution is $100,642,64, The total estimated assessment to property owners of the $124,688,84 is $249036,20, Mayor Krieger. - City Clerk, Mr, Flotten.- Mayor Krieger. - Mr, City Clerk, have you received any written protests or objections relative to this report? Yes, I have, At this time would you read each written protest or statement? City Clerk, Mr, Flotten; I understand now that these . protests will effect both the debt limit and the resolution of intention, Mayor Krieger: May we receive them for both purposes at one reading? City Attorney, Mr, Williams.- Yes, as long as you understand that these are being read and not segregated at all, You can read them once and treat them regardless of their wording as protests. against both the protest act and the 1911 Act, Mayor Krieger: For that purpose, they will be read, City Clerk, Mr, Flotten: We received a letter in protest dated December 23, 1966 from Richard. M, White, 604 South Lark Ellen (read said letter), This letter was received on December 27, 1966 from Charles E. Boice, 1404 East Herring Avenue (read said letter), This is a petition received in the office of the City Clerk this afternoon at 2:00 P,M, and signed by representatives of 25 residents within the area (read said petitionin full), Mayor Krieger.- Have.you made a computation as to the percentage represented by these written protests? City Clerk, Mr, Flotten.- in this is Area District 1-66; 610, and residents own 290. I of written protests received, Let the record show that the ownership of property included by area the City owns 100, the schools have no computation of the percentage -8- C, Co 12/27/66 Page Nine STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN) - Continued 40 Mayor Krieger., Perhaps during the course of this hearing, you might avail yourself of that opportunity to compute these figures, If there is anyone here this evening who has, first of all, filed -a written protest with the City, you will now have the opportunity to make any oral presentation you care to make to the Council, Mr, George Messenger There may be several technicalities 603 South Lark Ellen we may wish to explore later; both West Covina are legal, One is the form of address in mailing the notices to the property owners in the area; that the deeds to the property carry multiple names of the owners of the property, In various cases, the communications were mailed only to a single person although several persons are named on the deed, so there may have been an insufficient legal service, There is a conflict in the instructions, Three communications were received in the same envelope, two from the City Clerk, one from Lawrence Thompson, the assessment engineer, The three communications contained in the same envelope bearing the West Covina City letterhead, in the case of the communication from Lawrence Thompson urged that the property owners who received this file no protest • or sign no protest for or against this prior to the time that they received full information, and.because of the context in which this was contained and his next sentence being an announcement of this meeting being held being an indication to the property owners involved that they should wait for this meeting prior to taking action, The notice from the City Clerk says that in order to be heard at this meeting a written protest must be filed in advance of the meeting, Third, there are undefined responsibilites in this as far as the bearing of cost for moving fenses, shrubberies, trees, et cetera, There are double costs to people who have already paid for curbs, sidewalks, driveways, et cetera, There is a lack of recognition of particular persons who, because of their financial condition to try to pay this assessment would be an undue burden on these people and I feel you must be responsive in this case to the condition of the people in the district to pay this assessment, At the present time I am paying a present assessment that was levied on me in 1960 for the sewer, I am not connected up to that sewer yet, This new assessment on top of it is too much. There is considerable dissatisfaction by the residents in this area with the condition of the curbs; the way they were left in after the palm trees were removed, At the time that the palm trees were removed the contract severed the water line: between the meter and my house and left it open for three hours while he worked there; the line got filled up with rocks and for three weeks after that I was still taking the plumbing apart in my house cleaning out the rocks even though the break inthe water line was called to his attention immediately, Mr., Ben Bailey Would it be appropriate at this 831 South Lark Ellen time to receive additional West Covina written protests? (Councilman Snyder entered the chambers at 8:25 o'clock P,M,) Mayor Krieger: The Council would have no objection to receiving this further protest at this time, L� • C, C, 12/27/66 STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN) ® Continued Mr, Ben Bailey-, Page Ten (Presented protest to the City Clerk,) City Clerk, Mr, Flotten; This letter is dated December 20, 1966 signed by Virgil Franey directed to Ben W. Bailey, 831 Lark Ellen, (Read said letter,) Mr, Ben Bailey; The property Mr. Frailey refers to is on the northwest corner of Lark Ellen and Herring, I believe his letter should sneak .for itself, A statement was made that the existing curb and gutter will not be charged against the property owner .f it has to be replaced, That is not my understanding at all, I also would like to urge that this matter be held in abeyance until there is a final determination of the route of the proposed freeway, Mrs, Paul Wessel We have the property on the 802 South Lark Ellen southeast corner of Lark Ellen West Covina and Cameron, With the proposed improvements I have the horrible fear that Lark Ellen is going to become quite a speedway because the traffic has increased since we have been there, which is just over a year, The beauty of the residential area is certainly going to be impaired, Mayor Krieger: Let the record show that there is no one else present who has filed a. written protest who apparently desires to address the Council, Is there any one present this evening who has not filed a written protest desiring to address the Council? Mr, Albert Buckbinder 81.6 South Lark Ellen West Covina Mayor Krieger-, present this evening who with respect to the debt atthis time declare the I believe the necessary, I dangerous and condition, improvement is think we have a unsightly Let the record show that the does not observe anyone else apparently desires to make an oral protest limit report, Upon that basis, the Chair matter open for discussion by the Council, Chair will Councilman Gillum: We need these things in the community so that the rest of the citizens can travel north and south and east and west, When a community starts to progress and grow there are things that take place that people feel they are being harmed by, I feel this is a very necessary thing as far as the City of West Covina is concerned, I can understand your feelings, but I am sure if there are any mistakes in the assessment that they will be cleared up, Councilman Nichols: In reading the petition of protest I see one name on the petition, Mr, Henry Demmitt, 815 South Lark Ellen, I have known Mr. Demmitt for many years and I happen to be aware that he very relatively recently built his home on Lark Ellen and my recollection is that the street is widened at that point there and that all curb and gutter im- provements are in at that location, Is Mr, Demmitt being assessed in connection with this project? ®10® C, C, 12/27/66 Page Eleven STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN) ® Continued Mr, Pat Rosetti: He is being charged for a district charge of 70 feet and one driveway, The district charge is $262,91 and the driveway is $86,80, This is the driveway approach, Councilman Nichols: Is any property being acquired from this property owner? Mr, Pat Rosetti: I don't believe so, Councilman Nichols: On Page 3 of the petition it states that the signers of this notice, who are also owners of property that would have to be acquired by the City to make this improvement, that I think that at least one signer of the petition would not qualify as to all of the complaints, My next question would be in the original discussion of this matter I posed a question to the staff as to the relative costs to a given property owner who had property to be condemned and I believe the state- ment was to the effect that his remuneration for the property that the City was acquiring, would largely offset the total costs of his assessment under this program, Public Services Director, Mr, Fast; For those people from which we had to obtain additional right® • of -way, they would end up with a greater amount of money than they would be assessed, Councilman Nichols: It seems to me somewhere something is wrong when a gentleman such as Mr, Demmitt, and believe me I didn't know his name was here until I looked down the list and he is not here tonight, can come into the community and buy a home and through his purchase of the lot, and he did buy a lot and I believe he did dedicate to the City, and through his cooperation follow all the requirements of the City and enable the street to be widened in front ofhis house and curbed and guttered and then an assessment district be set up where other people do not donate or do not dedicate their land, that funds from this assessment district are used to condemn that property and it is paid through the general assessment district and then a property owner such as Mr, Demmitt, who has already dedicated his land once and put in his improvements is again assessed a couple hundred dollars to pay this other person who decides not to dedicate, Somewhere in our approach to these matters it seems there is an inequity, I feel it very strongly but I don't know the answer, In response to the matter of the acquisition of land for street widening, I have made the point on numerous occasions and I am inclined to take the position that where you have a street andyou are widening it to provide a general benefit to the community, that it does seem to me that these costs should be in general terms borne by the community, I certainly feel that the curb and gutter assessments are entirely appropriate but I question this • procedure again of widening of our secondary highways or major City streets which are of general use in the City and charging those widening costs to the property owners,. I particularly feel that it is not something that I can quite support to re -assess a property owner who has already paid directly or indirectly for the widening of the street and the improvements that are now being put in elsewhere in the district, Mayor Krieger: Would you care to explain how you made your spread on this assessment? 0 • i C, C, 12/27/66 Pape Twelve STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN) Continued Mr, Pat Rosetti; Councilman Gleckman; Mr, Pat Rosetti: Councilman Gleckman; Mr, Pat Rosettio (Gave summary of this matter,) Acquisition was approximately $14,750 with 10% and 15% incidental? Yes, Had all these property owners dedicated their property that charge would not be in here? That's right, Councilman Gleckman; In other words, the main cost we are talking about the neighbor is paying for because.the other neighbors have not dedicated like they have? Mr, Pat Rosetti° Yes, Councilman Gleckman: The people that didn't dedicate are the people who are profiting from their neighbors on this circumstance? Mr, Pat Rosetti: That's always the case, Councilman Gleckman: I can't understand how some people will not dedicate to the City, expecttheir neighbors to, then come in and protest because their neighbors are assessed this kind of, money, I would like the neighbors to know that more than 500 of their assessment is due to the neighbors not dedicating their property. I don't think anybody in the City would like it very much if there had to be an improvement on somebody's street for the benefit of the whole City if they had to pay for theirs, also. We are now talking about Lark Ellen but this is nothing new, We have had this all over our City in the past where people on Lark Ellen haven't supported this particular claim in the past nor have they shared in the expense other than the money coming out of the General Fund, This is not a test case and it is not an individual case and it is not an independent case and it is not the start or finish of anything, My feelings are basically a combination of Councilman Gillum's and Councilman Nichols', This is of necessity, This is going on throughout the whole City, I. too, in the last election walked into many houses and the number one complaint is the street system of this City, I think that people are basically selfish, myself included, but a statement when they come to protest something like this, other than the idea of not being able to afford it which I can understand, I cannot understand them not looking at all the angles, If I could get the City to pay my share I probably would try to protest on that basis. I think it is unfair, on the other hand, for a person who has come in and put in his curbs, gutters, and driveways, paid for all these improvements, to Ehare an additional expense in that same proximity only because the rest of the neighbors have not cooperated, As far as I am concerned, those are the people I am concerned with basically, why they are unfairly treated, why they have to come into this City and they have paid these costs and now have to be burdened with additional costs, I think there should be some other method for these people to seek relief, If this improvement is unfair, unjust, and uncalled for, I ask you citizens to travel that way every single day and you won't feel that way, m12® C, C, 12/27/66 Page Thirteen STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN) ® Continued • Councilman Snyder: Since T didn't hear all the protests9 apparently I can't vote on it but I can make a comment, First,T_ would like to compliment the drafters of, this Petition, It is very well done except it is completely wrong and misleading, Tt alve_s the impression that the people in the rest of the City got their curbs and gutters by gift or when they bought their property, which is partly true, but the developer of the tract put those in and passed that cost along to the buyer of the house, Nowhere in the City do I know, except on secondary highways, has the whole City paid for the cost of street widening or curbs and gutters, This is only right that this should be applied in the most part to the people involved on this street and, in fa.ct9 they have gotten away with a great deal by not having it done before now, It should have been done along., time ago and it .is being done now because we started the program to clean up these areas within the City which are unfinished, Although this petition was well drafted, it is completely wrong, This is long overdue; it should have been done long ago and there is no basis to any argument or listening to any argument that the General Fund should pay for this because there is no basis for it, Mayor Krieger: Do we have the figures now on the percentage of protests represented by the written protests? • Mr, Zimmerman: We have calculated 14% for all of the protests voiced here which were written protests, Motion by Councilman Gleckman, seconded by Councilman Gihlum, and carried, that the protest hearing on the debt limit report be closed, Mayor Krieger: Regarding the form of address used in this instance, who is best equipped to answer that? Mr, Pat Rosetti: The law states you shall use the name and address shown on the last equalized assessment roll of. the County which you are in, It does not require that if there are two or three partnership ownership to use all names, As long as one party who is interested in the particular parcel of land is notified they assume that is sufficient, The last assessment mlls were used following that procedure, Mayor Krieger: There was a comment that in the notice that was sent there were two communications from the City Clerk and one from your office, Mr, Pat Rosetti: A brochure we prepared explaining the procedures and advising the people to be fully informed of.what was taking place because this is • an unusual improvement, That paragraph was put in to make sure the people checked that this is a $124,000 project but there is a tremendous contribution by the City, Councilman Gleckman: Is there any manner in which we could give a credit to the people who have dedicated to offset the cost of the ones that we are having to pay for their property? -13® Cb C, 12/27/66 Page Fourteen STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN) ® Continued 0 City Attorney, Mr, Williams; It's a frequent and rough question, I don't have the answer to it, Mr, Pat Rosetti:. Our communication states: "You are requested to withhold any expressions for or against this project, Do not sign any petitions for or against this project until you have had complete and satisfactory answers to your questions," That is the statement referred to before, Mayor Krieger: What is the statement regarding this .from the City? Public Services Director, Mr, Fast: "At any time not later than the hour set forth for hearing, written protest for the proposed work or the extent of the district or both may be made," Mayor Krieger: Mr, White has a letter here, He is at 604 Lark Ellen, He states that charges are being, assessed upon him for street grading, curbs, driveway approaches, which were paid in 1950 when his house was built, What is being assessed against Mr, White? Mr, Pat Rosetti: This is 70 foot on Larkwood and • 139 feet on Lark Ellen, He is being charged for 70 feet of district only and one driveway, Curb and gutter is not included in his assessment, The figure of $349.71 is correct, Mayor Krieger: How about Mr, Boice at 1404 East Herring Avenue? Mr, Pat. Rosetti: He is being charged for 80 feet of district; that's all, He has 80 feet on Herring and 110 feet on Lark Ellen, Mayor Krieger: The hearing now on the debt limit report has been closed, The City Clerk has a proposed resolution for consideration by the Council, As I understand the procedure, no other action preliminary to a consideration of a resolution by the Council is necessary; is that correct? City Attorney, Mr, Williams; should read those written protests, Councilman Snyder; City Attorney, Mr, Williams: 0 Councilman Snyder: That's right, If Dr, Snyder is going to act on the matter, he I have read them, Then you are qualified to act on this matter, I have read the written protests and I could vote having heard the discussion here tonight, ®14-. • C, C, 12/27/66 Page Fifteen STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN) - Continued RESOLUTION NO, 3519 ADOPTED AD 1-766 Debt limit - Lark Ellen Mayor Krieger: The Cite Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA MAKING A FINDING ON THE REPORT FOR IMPROVEMENT OF LARK ELLEN AVENUE, DISTRICT AD 1-6611 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, 3519, HEARING OF PROTESTS AND Installation of street improvements OBJECTIONS TO FORMING in Lark Ellen Avenue street 1911 ACT ASSESSMENT DISTRICT improvement District AD 1-66, Set for hearing on this date by Resolution of Intention No, 3487, adopted by the City Council on November 14, 1966, Mayor Krieger; This is the time and place for the hearing of protests or objections against the improvement of Lark Ellen Avenue as described in the Resolution of Intention No, 3487, Mr, City Clerk, do you have the following affidavits relative to the hearing; Publication, posting, and mailing? City Clerk, Mr, Flotten; I have the affidavits, Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the affidavits of publication, posting, and mailing relative to this hearing be received and placed on file, Mayor Krieger: Mr, City Clerk, you have previously read and presented to the Council written protests with regard to the debt limit report which were received for that purpose and for the purpose of this hearing, Have you received any other written protest except those protests? City Clerk, Mr, Flotten; No, City Attorney, Mr, Williams: I think it would be well to have a motion that the protests received against the debt limit report be now received also as protests against this matter, Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that the written protests received on the debt limit report be received as being applicable to the protest hearing and objection to formation of the 1911 Act Assessment District, -15- • C, C, 12/27/66 Page Sixteen STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN) ® Continued Mayor Krieger: Public Services Director, Mr, Fast: Mayor Krieger; protest with this Council relative address the Council on this matter? place to do so under the rules and previously stated, T assume the percentage computation is 140, Mr, Fast? That is correct,, Is there anyone present this evening -who has filed a written to this matter who desires to If so, now would be the time and regulations of this Council as Mr, George Messenger: Councilman Gleckman is misinformed or has the wrong view with respect to how the property was dedicated that he now makes the case as though itwere dedicated by each individual property owner, If you check the owners, you will find that the West Covina City Council as a condition of permitting the subdivision of certain tracts of land imposed upon the subdivider at that time that the land be dedicated. I think you will find that all the land is not a question of individual dedication, With respect to the traffic obstruction at Lark Ellen and Service, I think the Council has the wrong impression that the obstruction referred to is on an easement owned by the local water company, It is a wier box, I have no control over it, If the City wants it removed as an improvement to visibility, the City should approach the water company, I am still protesting the assessment, Mayor Krieger; to protest further, evening who wishes to make an oral protest, this is the time to do so, Let the record reflect that there is no one else present who wishes If there is anyone present this protest who has not made a written Let the record reflect the fact that there is no one else present this evening who wishes to protest furtter, Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the hearing of protests and objections to forming a 1911 act. assessment district be closed, Councilman Nichols; Despite the comments of Mr. Messenger relative to his assessment district, and his comments may bear considerable truth as to those people who have dedicated individually or as to those people who dedicated indirectly by paying additional lot and house prices because the subdivider was required to, despite this, it is, in fact, true that throughout our City we have in recent years been able to achieve a substantial amount of street improvements by getting the voluntary participation of property owners whereby they would dedioate a portion of their land in order that the City could improve the streets not only for the benefit and appreciation of the value of their property but for the benefit of the City as a whole, Therefore, it is of great concern to me personally that in'A matter where the individual will profit both directly and through the appreciation of his property through improvements, it is of concern to me where individuals are not willing to dedicate their property to the good of the community, West Covina has a City tax rate of 93�, That tax rate is going into its 10t.h year, It is one of the lowest tax rates of any city anywhere in -16- C, C6 12/27/66 Page Seventeen STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN) - Continued Southern California, It has been because we have attempted to create our improvements in a cooperative area, Yet I am mostly concerned at the obvious injustice being worked on those people who have already either directly or indirectly borne the cost of dedication of land, The School District is a case in point whereby they are offering to dedicate a great deal of land and will be as a public agency bearing tax support participating in buying this additional land, The hardship to me really comes to bear on these individuals who have literally dedicated land and are now being assessed again. It is all well enough to say well, there is no legal procedure within the assessment for this and this is an injustice and the Legislature hasn't done anything about it and therefore we in order to do this must go along and just do it this wav and realize that somebodv is taking a rooking, so to speak, I just cannot do it that way, I would suggest to the Council an answer, one that I would Propose, and that is this: Lark Ellen Avenue is a major secondary street in West Covina and carries traffic and in the future probable will carry greater traffic, Its improvement and widening is probably of greater general interest than the improvement and widening of some other streets relative to the City park, public schools, and other areas, I would suggest to this Council that whatever procedure is necessary be taken to pull the cost of land acquisition out of this improvement district and those property owners willing to contribute their land .for the improvement be asked to do so, of course, but where necessary the City in the public interest proceed to condemn necessary parcelsof land and pay for those parcels out of the General Fund; that the assessment district then operate in its present improvement capacity, I make this recommendation to the Council in full knowledge that it is again a distasteful thing to me, personally, to see a few people unwilling to cooperate and therefore Zrofit financially at the expense of the community and at their own property improvement. I will accept this distasteful aspect in order to alleviate what I feel is a greater injustice against those who will, in effect, be taxed twice, Because of that, I could not support the resolution which would involve the ordering of work to be done and the implementation of the district in its present form, Councilman Gillum: I can appreciate Mr. Nichols' feelings on this and I support him in these feelings except speaking as a taxpayer I object strongly to paying for something on Lark Ellen which I have paid for on my property on two sides, I don't think we can assess the balance of this community out of the General Fund for a street on Lark Ellen and set a precedent, I think if we do this, once we start, every time it comes up they will refuse to do it and it is going to get so big we will never finish the streets. I will support the resolution to order the work started on this and the sooner the better, Councilman Gleckman: When I spoke about land being dedicated, I meant exactly what Mr, Messenger said except that the person who bought that house paid • for the property that was dedicated in the purchase price in most cases, I thing either way it was dedicated to the City, I might add, and for the record, that of the eight parcels of land that must be purchased, five of the people are on this protest and in each case everyone of them will receive more money than it will cost them because of the improvements on that street, I am in sympathy with what Mr, Nichols said, I think the only problem if you went to condemnation it would take a long time before we would even get involved in this, -17- Cc Co 1.2/27/66 Page Eighteen STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN) - Continued City Attorney, Mr, Williams: You could get immediate possession but you would have to start your improvement proceedings again and I don't know exactly how much time you would lose in that; I presume several months, Councilman Gleckmane I feel time is of the essence, I feel the people who are being doubly assessed should not blame the City Council; blame your neighbors who won't dedicate, Councilman Snyder: The City is contributing their share that is going in .front of them and the school district is contributing their share which is really the bulk of the district, It seems to me this is already enough of the General Fund of our two taxing districts, I agree it is an injustice for those who have dedicated but I don't think we can go any further than this, RESOLUTION NO, 3520 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL AD 1-66 OF THE CITY OF WEST COVINA OVER - Lark Ellen protests RULING PROTESTS" Mayor Krieger: Hearing no objections, we will waive further reading of the bodv of the resolution, Motion by Councilman Gillum, seconded by Councilman Gleckman, 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, 3520, RESOLUTION NO, 3521 ADOPTED AD 1-66 Lark Ellen construction Mayor Krieger: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING WORK TO BE DONE ON LARK ELLEN AVENUE IN ACCORDANCE WITH RESOLUTION OF INTENTION NO, 3487" 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,, Councilman Nichols; I think that the gentleman I referred to earlier, Mr, Demmitt, who in the past year or two -purchased a lot on Lark Ellen Avenue, dedicated to the City, had curbs and gutters installed and now finds he is being assessed three hundred some dollars to pay for other people's land on Lark Ellen, I think he will have a rather dismal viewpoint of democratic government and justice, and when we have to reach the point where the body can say well, it's unjust to do so but that is just tough, I think it is rather sad, really, -18- C,, Ca 12/27/66 Page Nineteen STREET IMPROVEMENT DISTRICT AD 1-66 (LARK ELLEN) ® Continued Mayor Krieger: I wish it was as easy to decide as you put it, Mr,, Nichols,, Action on Councilman Gleckmanes motion: Motion passed on roll call as follows: Ayes: Councilmen Gillum, Snyder, Gleckman, Mayor Krieger Noes: Councilman Nichols Absent: None Said resolution was given No,, 3521. GENERAL MATTERS ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS LETTER FROM LONG BEACH CITY COUNCIL City Clerk, Mr,, Flotten: You have a letter from the Long Beach City Council with reference to a resolution expressing its disapproval and opposition to the joint powers contract between the City of Los Angeles and the County of Los Angeles,, Motion by Councilman Snyder, seconded by Councilman Gillum, and carried, that the communication from the Long Beach City Council be received and placed on file,, CITY MANAGER CHAMBER OF COMMERCE REPORT ENDING SEPTEMBER 30, 1966 Councilman Nichols: I think it is a good report and f indicative of, probably as much progress during one relatively brief period of time than we have seen the Chamber engaged in in a long time and the Chamber is really on the move, in my opinion,, Councilman Gillum: I think it is the best thing that could have happened to both the Chamber and the Council were the meetings when we sat down and discussed our goals. I think the more communications the Council has directly with the Chamber and visa versa would be a big help to the Chamber and the Council,, ®19® C, Ca 12/27/66 Page Twenty CHAMBER OF COMMERCE REPORT ENDING 9/30/66 ® Continued Mayor Krieger: On your .financial statement as of September 30, 1966, interim statement of financial condition, Exhibit A. you have Economic Base Study Excess of recepts of $25,000 from the City of, West Covina over expenditures to date of $249000; difference, $1000, Then on Exhibit C it shows exhibits of receipts over expenditure for. Economic Base Study, $1$00, Can someone explain those two figures to me? Chamber Manager, Mr, Tambe; The first matter referring to the $15000 difference is the difference between the City and the Chamber, The second matter is one of a cash position which reflects the total amount. pavable by the Chamber to the two subcontractors, Informatics and Real Estate Research, $500 is being wihheld from R,E,R,C, Mayor Krieger: Now on the report itself, Head- quarter City Division, can you tell me how many conferences have been held with Mr. Webb independent of the conferences that we have held here at City Hall? .. Chamber Manager, Mr, Tambe`, In this report period I would say there has been a total of four reports separate from those held in study session and prior to the one held just a couple of weeks ago, (Cave summary of this matter,) Mayor Krieger: Under Transportation Committee the subject of the study of the Huntington Beach Freeway and reports its findings to the Chamber Board sometime into the next report period, Has such a report been given to the Chamber by this Transportation Committee? Chamber Manager, Mr, Tambe; Yes, It was given at the last Chamber Board meeting with a recommendation, but action on it was tabled to the next regular meeting which.will be held in January on the 26th, so immediately following that, if there is action to be related to the Council it would come within a couple of days, Mayor Krieger; I want to compliment the Chamber on the choice ofyour graphic symbol, I think it is quite a dynamic, Also this compliment extends to the map which is certainly an improvement, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Chamber of Commerce report ending September 30, 1966 be received and placed on file, DEL NORTE SCHOOL PARKING LOT -Motion by Councilman Gleckman, seconded by Mayor Krieger, and carried. that the report on the Del Norte School Parking lot be received and placed on file along with the reply from Mr, John Eastman, dated December 16, 1966, of the West Covina Unified School District, Mayor Krieger: Mr, Fast, may we have follow-up on this? Public Services Director, Mr, Fast: All right, -20- • C, C, 12/27/66 CITY MANAGER - Continued BASEBALL FIFI.,D AT SUNSET SCHOOL PROPERTY Public Services Director, Mr, Fast: Page Twenty -One (rave summary of this matter,) Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that permission be granted for City equipment and the dirt to be used for the baseball field at Sunset School, INFORMATIONAL ITEMS Public Services Director, Mr, Fast; The following items will be coming up on the January 3rd meeting; Youth Center Contract Report; Fire Station No, 6; Joint Powers Agreement; Freeway Widening; Landscape Architect Contract; and Department Head Salaries, CITY CLERK GOODWILL INDUSTRIES APPLICATION City Clerk, Mr, Flotten: We have an application from goodwill Industries for renewal of the fee m exempt business license for 1967, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to grant the request of Goodwill Industries for renewal of fee -exempt business license for 1967, CITY TREASURER Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the City Treasurer's report for the month of November, 1966, be received and placed on file, MAYOR'S REPORTS COMMITTEE APPOINTMENTS Mayor Krieger: The following are the Committee appointments for January, February, March and April of 1967; Planning Commission, Dr, Snyder with Councilman Nichols as alternate; Recreation and Parks Commission, Councilman Nichols with Dr. Snyder as alternate; Personnel Board, Councilman Gillum with Councilman rleckman as alternate; Human Relations Commission, Councilman Gleckman with Councilman Gillum as alternate; Chamber of Commerce, Councilman Gleckman with myself as laternate; West Covina School Board, Councilman Gillum with mvs-.elf as alternate, The annual appointments stay in effect, -21- 1�1 • C, C, 12/27/66 MAYORIS'REPORTS - Continued PROCLAMATION REQUEST Page Twenty -Two Mayor Krieger: I have received a request for a proclamation for World Religion Day, Sunday, January 15, 1967, I have never heard of this, Councilman Gleckman; Mayor Krieger: Councilman Nichols: Councilman Gillum: Mayor Krieger: COUNCIL COMMITTEE REPORTS CITY HISTORY That is a. world-wide religion, (gave summary of this matter.) (Read requested proclamation in full , ) I would object to it, I would, also, I won't .issue the proclamation, Councilman Gillum: There are many things that many of us on the Council and many citizens are not aware of in the way of City history and I am wondering if it would be possible for Mr. Flotten or someone to nut down some of these facts so we will have some type of record of when a certain building was purchased or who owned it previously or the background on �t kept someplace in the City in case someone would like to know why, when and where, Mayor Krieger: I think it is a fine comment, This is still a fairly young City and as the years go by people might be interested in where the first fire station was and where the first City Hall was, DEMANDS Mayor Krieger: Councilman Snyder: City Attorney, Mr, Williams: Councilman Snyder: matter of principle I think this portion of the demands, We have this voucher for O'Melvenv and Myers for $461.32 for payment~ in the Forest Lawn case, I thought in dropping it it was without prejudice, without payment and cost. It was without prejudice but not without payment and cost, (Gave summary of this matter,) I didn't know that or I would never have voted for it, As a is wrong, I can't vote for that ®22® Ca Ca 12/27/66 Page Twenty -Three DEMANDS Continued • Mayor Krieger: We will take it as a separate item, Tt is a, judgment against use • Motion by Councilman Snyder, seconded by Councilman Gillum, to satisfy the judgment (O'Melveny and Myers, $461,32). Motion passed on roll call as follows: Ayes: Councilmen Gillum, N ch:b-1s, Cleckman, Mayor Krieger Noes: Councilman Sfiyder�ry Absent: None Motion by Councilman Gillum, seconded by Councilman Cleckman, to approve demands totaling, $450,982.55 on demand sheets B274•and B275o This includes fund transfers, bank transfers, and time deposits, and excluding the payment for $461032 to C'Melveny and Myers, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes; None Absent: None There being no further business, Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that this meeting be adjourned at 10,1.5 o'clock PaM, to Tuesday, January 3, 1967 at 7:30 o'clock P,Mo ATTEST: •- CITY CLERK. APPROVED MAYOR -23®