03-27-1967 - Regular Meeting - Minutes0
MINUTES'OF THE REGULAR MqTING OF THE CITY COUNCIL
J
CITY OF WEST 6OVINA, CALIFORNIA
MARCH 27, 1967.
The regular meeting of the City Council was called to order by Mayor Krieger at 7-, 37
o'clock'P.M., in the West Covina City Hall. Councilman Gleckman led the Pledge of
Allegiance. The invocation was given by the Reverend Lee Thomas - South Hills Baptist
Church.
ROLL CALL
Present: Mayor Kr ieger, Councilmen Gillum, Nichols, Gleckman,
S nyd er , (arrived a t, 7: 4 5 p . m
Others Present: George Aiassa, City Manager
Robert Flotten, City Clerk
Harry C. Williams, City Attorney
Herman R. Fast, Public Service Director
Owen Menard, Planning Director
Ray Windsor, Administrative Assistant
Donald L. Russell, Administrative Assistant
APPROVAL OF MINUTES
February 14, 1967
Mayor Krieger: The first item on the agenda is the approval of the minutes
of February 14, 1967. 1 would note two corrections; the -
first on Page 2 under Project MP 67008, first paragraph the
bond number is referred to as 8031-67-25 and in the next
paragraph referred to as 8031-76-25. 1 suggest the staff review the bond number. One
or the other must be incorrect, unless they are both incorrect. On Page 33, 1 thought
this was corrected but now on this draft we are back again on it. The item on the
bottom of the page which is"the recommendation of the Chief of Police now is that the
protest be withdrawn". That comment was made with reference to the next item and
that was for the application for transfer of the on sale general license of John and
Jennie Vanacore and not with reference to the application of Howard M. and Bernice R.
Kay. So Mr. Flotten do you happen to know the correct bond number?
Mr. Flotten: I will have to check the file.
Mayor Krieger: I suggest we hold these minutes, with any other corrections
that are being offered, until after the first recess.
.Minutes of
March 13, 1967
HELD -OVER
Mayor Krieger: In talking to the City Manager I understand these minutes
were not proof read, by the staff before circulated to the
Council. The matter of these minutes is not appropriate
for action by the Council at this time. Although to save myself and the members of the
Council going through these minutes now again for the third time, as we did the minutes
of February 14th, I would like to offer certain suggestions to the staff on corrections.
C. C. 3/27/67
APPROVAL OF MINUTES - Continued
Page two
Page 2, under Project SP 67018 suggest you check the amount of owner participation, the
figure $3, 575. Page 3, the remarks made by Councilman Snyder on slight modification
No. 49, he is not a representative of the Planning Commission, he is a representative
to the Planning Commission. Also in that paragraph, the last clause "it is their comments
to solving these problems involving deep lots" rather than "their community to involve the
deep lots." -On Page 8 on Project SP 67001 the motion made by Councilman Gleckman and
seconded by Councilman Gillum to accept the staff report concerning the sidewalks along
the northside of Workman Avenue, that motion was made, seconded and carried. The
minutes don't reflect. On Page 15 on Resolution No. 3544, motion by Councilman Gillum,
seconded by Councilman Gleckman to adopt, rather then waive further reading of the body
of the Resolution. A statement was made immediately before that motion to waive further
reading of the body of the Resolution. On Page 16, the statement attributable to Mr.
Williams "the proposal is to read the section is to read". I believe Mr. Williams
comment was something along the line "the proposal would read to amend it to read.
On'Page - 17, the motion by Councilman Gillum, seconded by Councilman Gleckman, having
to do with trimming trees and hedges; it was that we reconsider the matter of the
-Ordinance introduction. Page 22 and 23, this was the recommendation of the Personnel
Board having to do with the Health Insurance. The action was that the motion was adopted,
and I would suggest that on Page 23 you refer in fact to the motion made on this matter.
On Page 25 the Resolutions for Mrs. Cameron and Mr. Clardy were separate Resolutions
and there was a separate waiving of the reading of the body of the Resolution and
separate motions to adopt, by the council indicated. On Page 28 the gentleman's name
is Mr. W. G. Beem and not W. G. Boom. On'Page 29 the gentleman's name is Mr.
Zartman and not Mr. Swordman.
Councilman Gillum: On Page 14 of the 3/13 minutes, on this Resolution
supporting the legislation proposed by the District Attorney
of L. A. , didn't we take a vote on that?
Councilman Nichols: My recollection was that we deleted some aspects of that.
Councilman Gillum- Yes, it does state that in here. It shows the conversation
between the Mayor and myself, but it doesn't show the
final vote.
Mayor Krieger: I am sure there was a vote on it Councilman Gillum, I
believe you voted in the negative.
Mr. Williams- It was actually not to adopt the resolution but to have it
City Attorney prepared.
Mayor Krieger: There was a motion by Councilman Snyder to that effect
and that action should be reflected on Page 15, and the
roll call vote would reflect that all Councilmen were in
favor except Mr. Gillum, and Mr. Gillum voted in the negative. I would suggest
these minutes be held over to the next regular meeting of the City Council.
So moved by Councilman Gillum, seconded by Councilman Gleckman, and carried.
Councilman Gillum: I just like to say Mr. Mayor, I hope we don't get into
this thing of going over the minutes -as �v.e-,haVe An- the
past, it gets very difficult at times to justify some of
these things and I hcpe we can cure the problem we are having with the minutes.
Mayor Krieger. I concur. Any further discussion?
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C. C. 3/27/67
APPROVAL OF MINUTES - Continued
Page Three
Councilman Gleckman: Do we have a place on the agenda tonightfor discussing the
taking of these minutes? (Answer by Mr. Aiassa- No .) I
thought a motion was made to set that aside to take up at
this meeting regarding the method on which we would proceed on the taking of the
minutes.
Mr. Aiassa: Well, I think the matter that triggered off this change -over
City Manager was that we had a letter from Miss Barbara Blower stating
that she could not take the minutes of the council for the
amount of money she originally agreed to take the minutes for. I talked to her on -the
phone �_and - - she has made some tentative offers and the staff has -not had time to
evaluate the offer.
'Mayor Krieger: Well the key is not with the person taking. the minutes, the
key is -with the staff working with the minutes after the
person submits them.
.Mr. Aiassa: We inadvertently received these minutes on the 13th and
being that Good -Friday was on Friday, the -day the council
mail goes out, I didn't get a chance to look them over and
I did not know they were to appear on the agenda.
.Mayor Krieger: Further Discussion? Any objections? Hearing none, these
minutes will be held for the next regular meeting and we
will consider the minutes of the 14th after the recess.
CITY CLERK'S REPORTS
.PROJECT C-146-1 LOCATION: Merced Place and Glendora Avenue.
ACCEPT. STREET IMPROVEMENTS
Louis S. Lopez Accept street improvements (permanent closure)
.APPROVED Authorize release of The�Ohio Casualty Insurance
Company performance bond No. 1301888 in the
amount of. $4, 988. 84. . Staff recommends acceptance.
Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to
accept the street improvements in Project C-146-1, and authorize the release of The
Ohio Casualty Insurance Company performance bond No. 1301888 in the amount of
$4,988.84.
PROJECT SP-6618 LOCATION: Merced Avenue,. Valinda Avenue to
ACCEPT STREET IMPROVEMENTS Glenview Road.
I F. W. Richter Construction Co.
APPROVED Accept street improvements. Authorize release
of the Western Casualty and Surety Co. ,
performance bond No. 345715 in the amount of
$71 159.70. Staff recommends acceptance.
Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to
accept the street improvements in Project SP-6618, and authorize the release of The
Western Casualty and Surety Co.�, performance Bond No. 345715 in the amount of
$71,159.70.
- 3 -
C. C. 3/27/67
CITY CLERK'S REPORTS - Continued
Page'Four
PROJECT SP - 67020 LOCATION: Cameron�Avenue, east of
"ACCEPT STREET RESURFACING Citrus Street, Citrus -Street
IMPROVEMENTS north of Cameron Avenue,
Griffith Company Workman Avenue east of
Sunkist Avenue.
APPROVED
Accept street resurfacing improvements.
--Authorize release of The -American Insurance Company performance bond No. SCR-7
017 850 in the amount of $7, 852. 40. Staff recommends acceptance.
.'Motion by Councilman Gleckman, seconded by, Councilman Snyder, and carried, to
accept street resurfacing improvements Project SP-67020, and authorize the release
of The American Insurance Company performance bond No., SCR-7 017 850 in the
amount of $7, 852. 40
LOCATION: Galster Park (north side
-APPROVE'PI.ANSAND SPECIFICATIONS and portion of west side)
FENCING
APPROVED Review Engineer's report. Approve
plans and specifications for fencing a
portion of Galster Park. Authorize City Engineer to call for bids.
Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that
the plans and specifications be approved for fencing a portion of Galster Park - Project
SP-6417, and the City Engineer be authorized to call for bids.
PROJECT SP-6407-1 LOCATION: Azusa Avenue, Cortez Street
APPROVE PLANS AND SPECIFICATIONS to Garvey Avenue.
STREET IMPROVEMENTS
APPROVED
Review Engineer's Report. Approve plans
and specifications for street improvements. Authorize City Engineer to call for bids.
Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the
Ci ty. Council approve plans -and specifications for street improvements, Project
SP-6407-1, and authorize the City Engineer to call for bids.
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C. C. .3/27/67
CITY CLERK'S REPORTS - Continued
Page'Five
-PROJECT SP-67018 LOCATION: Workman,Avenue, from Azusa
APPROVE -PLANS AND SPECIFICATIONS Avenue to East City Limits
ORDER PO 1UION OF WORK TO BE near Armel Drive.
c._.DONE BY 1911 ACT (SHORT FORM)
STREET IMPROVEMENTS
APPROVED
Review Engineer's report.
Motion by Councilman Gleckman, seconded by Councilman S�j�7.d-er, and carried, that
the Engineer's report be approved, accepted and filed.
PROJECT SP-67018 Approve Plans and Specifications for Street
Improvements.
APPROVED
Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried,
that the plans and specifications for street improvements Project SP-67018 be approved
and that the City Engineer be authorized to advertise and receive bids.
"PROJECT SP-67018
APPROVED
'RESOLUTION NO. 3547
_.�AWPTED
Mayor Krieger:
0
Authorize Street Superintendent to proceed
by giving notice to construct.
The 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 ET SEQ OF THE STREETS
AND HIGH -WAYS CODE OF THE STATE OF
CALIFORNIA AT 1838 AND 1842 WORKMAN
AVENUE. "
Hearing no objections, waive further
reading of the body- of the resolution.
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C. C. 3/27/67
Page �_Six�
CITY CLERK'S REPORTS - Continued
Motion by Councilman Gleckman, seconded by Councilman Gillum, to adopt said resolu-
tion. Motion carried on roll, call as follows:
AYES: Councilmen Gillum, -Snyder, Gleckman, Mayor Krieger
NOES- Councilman Nichols
ABSENT: None
AGREEMENT FOR.MAINTENANCE LOCATION: Route 39 (Azusa Avenue) - from San
_OF'STATE HIGHWAY IN CITY Bernardino Freeway to North City
Limit.
APPROVED Review Engineer's Report.
Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that
the Engineer's report be accepted, approved and filed.
Mr. Aiassa: Mr. Mayor, there is an error in the third paragraph, should be
City Manager 15% overhead instead of 25%.
Mayor Krieger: Actual cost, plus -15%.
Mr. Aiassa: Yes.
City Manager
Mayor Krieger: How about the effect in your later sentence "the amount of
money per mile is greater, etc. ?
Mr.'Aiassa: The actual contract per se will be based on the total amount
City Manager of $4500. and this is a billing and accounting procedure we
must follow to comply with the agreement that they now propose
to us.
Mayor Krieger: Your sentence having to do with the amount per mile refers
only to the $4500. and doesn't reflect at all in the percentage
of overhead?
Mr. Aiassa: That's right, Mr. Mayor.
City Manager
Mayor Krieger: With that correction noted by the City Manager in the report
of the staff is there further discussion on the motion to
receive, approve and file? No -di�cus's-ion. Any objections?
So ordered.
RESOLUTION NO. 3548 The City Clerk presented:
ADOPTED 'WRESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA APPROVING AGREEMENT
FOR MAINTENANCE OF STATE HIGHWAY IN THE
CITY OF WEST COVINA. "
Mayor Krieger: Hearing no objections, waive further reading of the body of
the resolution.
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C. C. 3/27/67
Page Seven
CITY CLERK'S REPORTS - Continued
'Motion by Councilman Gleckman, seconded by Councilman Snyder, to adopt said reso-
lution. Motion carried on roll call as follows:
AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES: None
'ABSENT: None
RESOLUTION NO. 3549
APPROVING CERTAIN SPECIFICATIONS
FOR CONSTRUCTION OF 1964 STORM
DRAIN BOND ISSUE PROJECTS 743 AND
8402,, UNIT 2, IN THE CITY OF WEST
COVINA, AND AUTHORIZING USE OF
PUBLIC STREETS FOR OPERATION AND
MAINTENANCE OF FACILITIES.
ADOPTED
LOCATION: Orange Avenue, Sherway
Avenue to Puente Avenue, and
Azusa Avenue, from Walnut
Creek Wash to Garvey Avenue,
in the City of West Covina.
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING CERTAIN SPECIFICATIONS FOR
THE CONSTRUCTION OF 1964 STORM DRAIN
BOND ISSUE.PROJECTS 743 AND 8402, UNIT
2, IN THE. CITY OF WEST COVINA,
CALIFORNIA, AND AUTHORIZING THE USE
OF PUBLIC STREETS FOR OPERATION AND
MAINTENANCE OF FACILITIES. "
Mayor Krieger: Hearing no objections, waive further reading of the body of
0 the resolution.
Motion by Councilman Gleckman, seconded by Councilman Snyder, that said resolution
be adopted. Motion carried on roll call as follows:
AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES: None
ABSENT: None
'PLANNING COMMISSION
(Planning. Director)
INFORMATIONAL
Zoning Case No. 5201-(l) --(County)
Mr. Menard: The zoning case 5201 in the County was the typical notice
that was directed to us, it has been researched by the -Plan-
ning staff. We offer the following information: the subject
property is located approximately 3/4ths of a mile south of Valley Boulevard and south
of the City of Industry's boundary line, therefore, because the area is not contiguous
to the City of West Covina the Planning staff recommends that no formal action be
taken with regards to this subject matter.
Mayor Krieger: We have a rebuttab�$resumption that the council has re ad
the staff report, anything you want to add Mr. Menard?
Any questions on the staff report? Mr. Menard what type
of zoning are we talking about?
Mr. Menard: The petitioner requested that the zoning be changed from
Al 6000 light agricultural to,M 1-1/2 restricted heavy
manufacturing. The parcel is 2 acres in size, located on
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C. C. 3/27/67 Page :Eight�.
0
PLANNING COMMISSION - Continued
Zoning Case No. 5201 - continued
the southeast corner of East Walnut Drive and South Nogales Street. (Gave footage)
Mayor Krieger: How close to the closest piece of contiguous city property?
Mr. Menard: The measurement taken indicates approximately,3/4ths of a
mile.
Mayor Krieger: Being the same distance as south of Valley Boulevard?
Mr. Menard: Generally speaking, yes.
Mayor Krieger: This measurement, Mr. Menard, there is a section of this
City that lies along Valley Boulevard, you were taking this
not only in the southerly but easterly and westerly direction
as well?
Mr. Menard: I don't think I can answer that question. I didn't do the
measurement. The staff investigation indicated 3/4th of a
mile; as far as the East-West direction I cannot answer this
at this time.
Mayor Krieger: Any further questions or discussion? Any action cther
then to receive and file.
Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that
the report be received and filed.
REVIEW PLANNING COMMISSION
ACTION OF MARCH 15, 1967. So indicated by Mr. Menard.
SCHEDULED MATTERS
BIDS
PROJECT --MP-67011 - LOCATION: North of Garvey Avenue, between Willow
ALLEY IMPROVEMENT and Sunkist Avenues.
Bids received in office of City Clerk at 10: 00 A.M. , on Wednesday, March 22, 1967.
The bids received are as follows:
General Asphalt Company
Louis S. Lopez
W. R. Wilkinson Company
,�man_.Bros.. .
Sully -Miller Contracting
Lee Mo,., In,(;.-:
D. C. Muralt Co.
100% Bid Bond $2,245.00
0 $2, 841.00
$3,019.40
$3,057.00
$3, 130.84
.$3,336.00
$4,696.00
Motion made by Councilman Gleckman, seconded by Councilman Snyder, that the low
bid of the General Asphalt Company of Santa Fe'Springs for City ProjectMP-67011 be
accepted and that.the Mayor and City Clerk be authorized to execute an agreement
with the said General Asphalt Company for the work. Motion carried on roll call
as follows:
C. C. 3/27/67
Page �Nihe
N
0
SCHEDULED MATTERS
BIDS - Continued
PROJECT MP-67011
'AYE S - Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES: None
ABSENT- None
RECREATION & PARKS
None
GENERAL MATTERS
ORAL COMMUNICATIONS
None - let the record show after 9 seconds passed.
WRITTEN COMMUNICATIONS
1. Letter from West Covina City Employees' Association
0
Mayor Krieger: I notice Mr. Bonaparte, President of the West Covina
Employees' Association is present this evening in
case there are any questions concerning this communi-
cation.
Councilman, Snyder: It should be pointed out that tinder our - -'
Personnel Ordinance they have a right to a hearing
and we were merely emphasizing a point that we
hoped the Misner contract would preclude any hearings, but naturally in fact they
certainly have a right to hearings - under the Personnel Ordinance.
Mayor Krieger: Mr. Bonaparte are there any comments you would
care to make or add to your communication?
Mr. Bonaparte, President: No, I think the letter is quite clear. We came for
W. C. C. E. A. the purpose of answering questions if you had any.
Mayor Krieger: Thank you.
Councilman Gleckman: Mr. Mayor, I have a question of Mr. Aiassa. Has
.Dr. Misner completed his agreement with us ?
Mr. Aiassa: One more 2 hour session.
City Manager
Councilman Gleckman: Have we received any comments from the city
employees regarding the sessions?
Mr. Aiassa: I think Mr. Russell is here, he has been operating
City Manager with Dr. Misner, and he can probably answer any
questions.
Councilman Gleckman: I would just like an informal report at our next meet-
ing of the general reactions from the employees
regarding these sessions. Evidently there was an
issue made at council level and taken on into the City Employees' meeting and I would
C� C� 3/27/67 Page .Ten, --
0
WRITTEN COMMUNICATIONS - Continued
like to get an idea as to the general consensus of opinion.
Mr. Aiassa: I think the main question that might have arisen
City Manager from the employees' letter, was a statement made
by the Mayor and they think it was addressed to
'them. I presume the:Mayor was addressing this to the staff.
Mayor Krieger: I think the minutes are perfectly clear as to who I was
addressing it to. I was addressing it to anyone that
is going to be interested in the subject matter.
Councilman Snyder: But . actually that is vvhere the responsibility lies.
Mayor Krieger: Well we don't look to the employees, we look to the
staff .
Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that
the letter,from the Employees' Association be received and filed.
Mayor Krieger: Thank you for your attendance Mr. Bonaparte, on this
matter, in case there were any questions.
2. Letters from East Hills Homeowners Association re -
a) Landscaping - Precise'Plan 435
b) Traffic Conditions on Barranca Avenue
Mayor Krieger: I notice Mr. Lloyd is present this evening. Discussion
on the council.
Councilman Gleckman: Has the staff letter been circulated or any of the
information contained therein been given to the
East Hills Homeowners Association? Is:Mr. Lloyd
aware of this communication?
Mr. James Lloyd: I haven't received any communication as yet.
President of East Hills Mr. Mayor, the'�_�ame set of circumstances as
Homeowners As so. expressed by Mr. Bonaparte, are apropos. I think the
3240 Whitebirch letter is self-explanatory. Is there anyone that wishes
West Covina to ask me a question?
Councilman Snyder: I would like to ask a question. Are the Homeowners
willing to accept the same conditions not to plant
any trees on their border connected to the apartments,
1
so as not to obstruct the apartments vision?
Mr. Lloyd: I think they are willing to abide by the same general
conditions regarding the planting of vegetation which
would restrict or hold down a visibility situation.
Actually they are most anxious to retain their view that they have of the hill and May
Comparry.
Councilman Gleckman: The reason why I brought up the memo from the'Planning
''Director was that if Mr. Lloyd and the East Hills
Homeowners Association are not aware of this letter
_10 -
C. C. 3/27/67 Page -Eleven
WRITTEN COMMUNICATIONS - Continued
then the questions they have asked in their letter, they have no knowledge of what
the reasoning is, and I would like to ask -Mr. Menard to read the letter into the record
so those people here this evening are aware of what has transpired due to the letter
we received from the Homeowners.
Mr. Menard, Planning Director, read the following letter addressed to the City
Manager by the Planning Director, dated March 21, 1967:
"On March 13, 1967 the West Covina City Council received a request from
the East Hills Homeowners` Association for an investigation of the land-
scaping on'Precise -Plan 435. They based their request on a letter received
by the Planning- Dtrec.�br from Mr. D. W. Lohmar on December 10, 1964
which stated on page 2, paragraph 4 that ......... and to limit landscaping
of the bank area at the rear of our property to ground covers and shrubs
which have the approval of the property owners above. " They are complain-
ing that eucalyptus trees, in conjunction with the ground coverage, has been
planted along the south bank of the property. '
'However, subsequent to Mr. Lohmar's letter, the city council considered
Precise Plan 435 at their meeting of December 14, ' 1964. During their
deliberation, considerable attention was given to trees to be placed within
this area. However, in the Council's Resolution approving this request
no conditions were placed stating that trees were not to be placed in that
area. '
The -Planning. Department on August 22, 1966, approved a landscaping plan,
including eucalyp�tus trees, for Precise Plan 435. This approval was based
on Council Resolution No. 3068.'
'Therefore, it is the Planning staff's recommendation that the East Hills
Homeowners' Association be informed that the -landscaping plan was
approved in accordance with the Precise Plan approval. "
Mr. Aiassa:
City Manager Mr. Mayor, the reason this was not sent to the
Homeowners' - the Council had not officially
received this - it was received on the - 13th ......
Mayor Krieger: I believe the Council understands this -Mr.
Aiassa.
Councilman Gleckman: I just wanted the memo read so Mr. Lloyd and
the rest of the group present tonight would
understand what action we are taking, rather
than go into past history.
Mayor Krieger: We would still be in order to give Mr. Lloyd the
opportunity, if he wishes, to make any comments
to the Council.
C. C. 3/27/67
WRITTEN COMMUNICATIONS - Continued
Page Twelve
Mr. Lloyd: First of all we appreciate the fact the Council has
responded so rapidly and with the alacarity they
have. I would say, however, I think there is some
basis for consideration for the Homeowners' who are lined up along the ridge. I
think there is a good basis for them desiring that their view not be cut off by the
planting of foliage which would obstruct a view to some degree, greater or lesser.
I think overall there is a basis of validity for the complaint and I appreciate the
consideration which has already been given to it. Does this conclude .......
Mayor Krieger. This is strictly a council discussion item, Mr.
Lloyd. I just gave you an opportunity to make any
comments inasmuch as you had not seen the'letter
before.
Councilman Nichols. I certainly am confident at the outset that I don't
know all the legal implications of what has gone
on here and I do not know really if the entire
issue of the Precise,Plan of this particular development before this body today, if
even the vote approving it would be comparable to the vote that approved it in late
.1964. Two gentlemen who were members of the council at that time and voted at
that time, are no longer here. But, I do think, as a council we are obligated to
attempt to consider this matter in light of the sentiment that was involved in the
councils' actions at that time.
It is true that the communication of March 21,
1967, states that the councils resolution approving this request, meaning -Precise
Plan 435, no conditions were placed stating that trees were not to be placed in that
area, but unless some additional comments are made here, this can be in itself a
misleading statement. The circumstances at that time were such that a majority of
the council in office were concerned with the Precise -Plan as it was submitted by the
developer, which in its original form proposed structures, the roofs of which would
extend at a level to block the view of residents living on the bluff above that area.
The council was so concerned in this respect that after long discussion and involved
public hearings, the developers -were requested and required to redraw and redesign
and lower the roof line of their structures so as not to block the view of the residents
in that area. This was amply reflected in hundreds and hundreds of words uttered by
the council. And the whole theme and sentiment as expressed by a majority of the
council was a concern that that development not destroy the views of the people who
had built and were residing on that level.
Now, when it came to the landscaping aspect, I
believe, if I am not incorrect, that it is a normal course of events of this council to
delegate and leave to the staff of this city, the implementation and direction of the
landscaping plan in keeping with the spirit and attitude in approving the General
Precl�e Plan. And it does seem to me, and I do not know the particular types of
trees being planted or will block someone's view, but it does seem to me that, if
staff after this long and involved action on the part of the City Council in turn did
approve the planting of trees which in fact do block the view or will block the view
of the residents in that area, that by this action itself they are countering totally
the entire thrust of the efforts of the council in approving the'Precise Plan.
- 12 -
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C. C. 3/27/67
WRITTEN COMMUNICATIONS - Continued
Page Thirteen
And finally, I do not know if anything can be done about this. If the staff in good
faith and I can only assume they acted in good faith, approved a Precise -Plan as far
as landscaping is concerned that is going to result Ultimately -in this kind of condi-
tion, I don't know if this body can do anything about it. We will have to get that
advice. But finally, my feeling is if this blockage is to occur because of this type of
planting and if this council can do something about it, I believe the current body is
obligated to follow through with the intent as expressed by this council when it took
the legal action.
Councilman Snyder: I would like to comment that the developers
voluntarily agreed to lower their roof line, that the
council did not require, we merely sent it back for
study and they voluntarily offered this. The majority of the council, it is true, voted
that way. I do not know of any place else in the City that we have required anybody
to plant trees to prevent blocking somebody else's view to make things pleasant for
his neighbor.
Therefore, and further, I don't know if the people
involved here, or if the City Council knows on what shaky grounds we enforce our
Precise -Plan. They had the zoning, they could build on the property under the'Precise
Plan under the R-3 to the _;s�pe_ci'fications of R-3, so they could actually have built
these buildings taller, in spite of what the city did, and in spite of the -Precise -Plan,
but they voluntarily lowered them. I think it can be backed up that we are on very
shaky grounds in even enforcing them to lower their roof line this much. Again I
don't know of anywhere in the City where we require anybody to not plant trees in
their back yard so it won't obstruct somebody's view. I think if we are requiring it
of this development then the people on the�-ridge should cut down their trees so
they can see to the South. This is to me a very unreasonable request and goes far
beyond the bounds of good neighbors.
Councilman Gillum: I am going to have to disagree with Dr. -Snyder. I
think these people in referring to the -letter cf
December 10, 1964, where -apparently the developer
said he would limit the landscape on.the 13a'nk`Lrea._to the approval of the property
owners above, I am sure this is not legal, is it Mr. Williams?
Mr. Williams:
. City Attorney
No, you can't delegate'to the property owners above
a legislative ability .....
Councilman Gillum: No, what I am saying - in this letter where he states
he would limit the planting to the shrubs that will be
approved by the property owners above - it is
nothing we can legally hold him to, is it?
Mr. Williams:
City Attorney
No, unless it was made a condition, which
apparently it was not.
Councilman Gillum: But I do feel it was of some concern to someone at
the time, either the property owner or the people
behind or the developer, or he wouldn't have put it
into the letter stating so. I am not sure, but I feel
there is nothing legal we can do about it. But, I think there is an obligation because
apparently these people -left here that evening feeling assured there wouldn't be any
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C-C. 3/27/67
Page Fourteen
0
0
WRITTEN COMMUNICATIONS - Continued
shrubs or things to block their view. I wasn't on the council at the time, I know very
little of this situation, although I have seen the apartments. I disagree with Dr.
Snyder, I think there was a point made or a feeling expressed by the Council through
this letter and through their actions and through their concern - the view would not
be blocked. I know we are only talking about 5 or 10 homes.
Councilman 1Snyder: Do you know of any place in the City except in the
Civic Center, where we have any control except the
plot plan and Precise,Plan within the ordinance?
Councilman Gillum: No.
Councilman 1 Snyder: Then this had to be voluntary. It -was not by order of
the council.
Councilman Gillum: I agree, but it appears that this is how government
gets to passing more and more laws, because some-
one finds the hole that exists.
Councilman' Snyder: I would hate to see the day that we could control the
design of houses or where people plant their trees.
Councilman Gillum: We are talking about it already in this Ordinance
that we are asking the Planning Department to come
up with. In a sense we are asking for the same thing,
the control of planning, zoning, etc.
Councilman Snyder: When people buy that type of zoning they expect to
find it and when they buy this type of zoning they
will expect to find the provisions of the building
code that is provided for this type of zoning.
Councilman Gillum: My feeling is that if there is something we can do to
eliminate this we should, but apparently legally
there is not.
Councilman, Snyder: I have no objection to the City asking the developer
if he will voluntarily eliminate this, but I strongly
object to attempt to make him forcibly do it. I
think it should be a cooperative approach and not one of muscle.
.Councilman Gillum: May I ask Mr. Menard a question with regard to this
letter? Is that the developer
or the representative? (Mr. Fast advised it was
from the representative.)
Councilman Gleckman: This is like asking someone to close the barn door
after the cart has left the barn. The biggest problem
you have here is there was an issue made and I was
not on the council at the time, but as I recall it was regarding the roof tops and the
landscaping and there was evidence given at the time that the landscaping would be put
in as per this letter and evidently when the conditions were proposed either by
resolution or precise plan, either the staff or past council forgot to include these
particular conditions in it. Now since they were not contained in it, and I don't
believe the Planning Department, which has a new'Planning Director, was
- 14 -
C. C. 3/27/67
Page Fift,een-i
WRITTEN COMMUNICATIONS - Continued
at all familiar with it. Now that the damage has been done -I think this council should
resolve, if possibl'e.' First of all can we legally do anything and we should go to our
city attorney for that advice; and--,se6ondly, if*We,,'ca-n�'t,-I think Dr. Snyder's':suggestion
of contacting the developer and finding out if he will do something willingly. Outside'of
that I don't know anything else we could do.
Mr. Williams: I think -Dr. Snyder is absolutely correct in what he said
City Attorney and I think Mr. Gillum is really in agreement. The
answer to this is attempt at conciliation- and compromise.
For two reasons. In the first place the Precise Plan was approved permitting the trees,
so what they did was proper, and in the second place the Precise Plan, as.Dr. Snyder
pointed out, is not intended to control landscaping except within the *Civic Center area.
It has done so, this has been repeatedly put on the Precise Plan for landscaping,
there isn't a word in the Ordinance that says they have any right to do so. So legally
I don't think you have a leg to stand on except to try and get the owner or developer
to see the problem of those above and accommodate his development to their wishes.
I think it is one of conciliation.
Councilman Gleckman: I would have no objection, Mr. Mayor, to direct staff
to compose some kind of letter to the developer asking
him if there is any possibility to cooperate and referring
back to -their bwfi letter so as to)not send the -letter as an act of intimidation, etc. ,
but to refer back to what they had promised at the time they themselves were asking
to build these particular apartments, and I don't see any harm in that at all, and I
would so move.
Seconded by Councilman Gillum.
Mayor Krieger: Its been moved and seconded that an appropriate
letter be drafted,' by the staff to the applicant of
Precise Plan 435 calling their attention to the
complaint set forth in the'letter of the East Hills Homeowners Association dated
March 9, 1967, and to request their compliance with their representation set forth
by Mr. Lohma-rin their letter of December 10, 1964. Is there a discussion on the
motion?
Councilman Snyder: I understand the motion is to ask them if they intend
to - - well, I don't like the words to ask their
compliance. Your motion said there would be no
words of intimidation, I think that is words of intimidation.
Mayor Krieger: Inasmuch as the chair merely attempted to paraphrase
the rwtion so the secretary would have some motion
for the record, if this was not the intent of Mr.
Gleckman or anyone else voting on it, the chair, would be happy to entertain the
precise wording this council wants to vote on.
Councilman Nichols: *I thought he said cooperation.
0 Councilman Gleckman: All -'right.
Motion carried on roll call as 1ollows:
AYES- Councilmen Gillum, Nichols, Snyder, Gleckman
AE�ST_AIN: Mayor'Krieget
NOFES.f-i -None
ABSENT: None
- 15 -
C. C. 3/27/67
Page Sixteen,
WRITTEN COMMUNICATIONS - Continued
Mayor Krieger: Let the record reflect that on this question, as_well as
on every other question. app earfng -before this council
involving Precise'Plan 435,the,zoning,. the applicant, I
have abstained from voting on the matter and I will abstain from voting tonight. For
the benefit of the two councilmen that were not sitting on the council at the time I
stated my reason for abstention, again it was I dealt with this property as an attorney
before I was elected to the City Council, after being elected to the City Council
whenever the matter came before the City Council I made such a statement for the
record and abstained from voting and I continue to abstain from voting.
b) Traffic conditions on Barranca Avenue
Motion by Councilman Gleckman, seconded by Councilman Snyder, that the letter
from Mr. James Lloyd, President of the East Hills Homeowners Association dated
March 15, 1967, be referred to staff for report. Motion carried.
3. Public Utilities Commission Staff report on Suburban
Water System application
Motion by Councilman Nichols, Seconded by Councilman Gleckman, and carried, that
the report on the �Public Utilities � Commission on Suburban Water System application be
referred to the staff for translation and recommendation to the council. The date of this
report is March 21, 1967�.
4. Resolution from City of Gardena regarding legislation to
permit General Law cities to levy a cigarette tax
Mayor Krieger: Why, Mr. Aiassa,' the recommendation' that this be
referred to staff?
Mr. Aiassa: I wanted to check with the League of California
City Manager Cities because, as you know, there are a lot of
bills coming forth from the various committees.
Councilman Snyder: The'League is for this.
Mr. Aiassa: Yes, I know, but in reading their last cable report
City Manager some of these items are not coming up for dis-
cus sion yet and I would like to time it for the
discussion.
Motion by Councilman Gleckman, seconded by Councilman Gillum, that the resolu-
tion from the City of Gardena regarding legislation to permit General Law Cities to
levy a cigarette tax be referred to staff. Motion carried.
5. Resolution from City of San Clemente regarding law and order.
Mayor Krieger- Frankly I am against the wording of the Resolution
that has been adopted by the City Council. I
think it is very ill advised and certainly nothing
that I would care to lend my name to.
Councilman Nichols: My objection would be based heavily on point #2
of the resolution ........
16
C. C. 3/27/67
Page Seventeen
WRITTEN COMMUNICATIONS - Continued
Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried,
that the resolution be received and filed.
6. Resolution of City of National City endorsing legislative
program to amend Mayo -Breed formula for allocation of
State Gasoline taxes
(Mayor Krieger advised that this.item also appears on the City Manager's agenda as
G5, and that the City Attorney had prepared a resolution, as this item had come up
at the last meeting when staff wa:s requested to report back to council.)
RESOLUTION NO. 3550
ADOPTED
Mayor Krieger:
The City Attorney prpsented:
"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA RELATING
TO LEGISLATION TO REVISE THE MAYO-
BREED FORMULA FOR THE ALLOCATION OF
STATE GASOLINE TAXES. "
Hearing no objection, waive further
reading of the body of the resolution.
Motion by Councilman Gillum, seconded by Councilman Gleckman, ior the adoption
of the resolution. Motion carried on roll call vote.
AYES: Councilmen Gillum,
NOES- None
ABSENT- None
Nichols, Snyder, Gleckman, Mayor Krieger.
Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried,
that the resolution from the City of National City be received and filed.
7. Resolution of City of Monterey Park opposing application
of Pacific Telephone & Telegraph Co. for rate increase.
Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried,
that the Resolution of City of Monterey Park opposing application of Pacific
Telephone & Telegraph Company for rate increase be received and filed.
CITY ATTORNEY
ORDINANCE INTRODUCTION
Amending the Municipal Code
Zone Change No. 374
Harold and Irma W. Barhite'
The City Clerk 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
DT)'PA/rTQrQ r7n r A TTr� V ') 7 A An 'r, L,
INTRODUCED L) Ell
Motion.'b.y. Qo.uncilman'Gleckman, seconded by Councilman Gillum, and carried ,
waiving further reading of the body of the Ordinance.
Motion by.Councilman Gleckman, seconded by Councilman Gillum, and carried,
for intro�uction of Ordina nce.
=VM
C. C. 3/27/67
Page Eighteen
0
0
CITY ATTORNEY - Continued
ORDINANCE NO. 991
ADOPTED
The City Attorney presented:
"AN ORDINANCE 0F THE CITY COUNCIL
OF THE CITY OF WEST COVINAIMENDINa
.CERTAIN', SECTIONS OF THE WEST COVINA
MUNICIPAL CODE RELATING TO
OBSTRUCTION OF VISION AT INTERSECTIONS
AND DRIVEWAYS AND TO THE CARE,
TRIMMING AND PRUNING OF*TREES,
SHRUBS, HEDGES, ETC., IN PARKWAYS
AND ON ADJACENT PRIVATE'PROPERTY. "
I Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried,
.-waiving further reading of the body of the'Ordinance.
'Motion by Councilman Gleckman, seconded by Councilman Gillum, for the adoption
of .:hE� Obdinance. Motion carried on roll call as follows:
AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOE 5: /'/O/V �-
has4WT: 111,1A45
ORDINANCE NO. 992 The City Attorney presented -
"AN ORDINANCE OF THE CITY COUNCIL
ADOPTED OF THE -CITY OF WEST COVINA AMENDING
SECTION 8118 OF THE WEST COVINA
MUNICIPAL CODE RELATING TO THE
FENCING OF SWIMMING POOLS. "
Motion by Councilman Gleckman, seconded by Councilman Gillu�T., and carried,
waiving further reading of the body of the Ordinance.
Motion by Councilman Gleckman, seconded by Councilman Gillum, that the
Ordinance be adopted. Motion carried on roll call as fb-Ilows:
AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES: None
ABSENT: None
RESOLUTION NO. 3551 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA URGING
THE CIVIL AERONAUTICS BOARD TO APPROVE
THE APPLICATION OF ONTARIO INTERNATIONAL
AIRPORT FOR SERVICE DIRECTLY FROM ONTARIO
TO HAWAII AND OTHER PACIFIC AREAS.
Mayor Krieger: Hearing no objections, waive further
reading of the body of the resolution.
Motion by Councilman Gleckman, seconded by Councilman Gillum, to adopt said
resolution. Motion carried on roll call as follows:
AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES: None
ABSENT: None
�6- �
C. C. 3/27/67
Page Nineteen
0
CITY ATTORNEY - Continued
. 'RESOLUTION NO. 3552
ADOPTED
Mayor Krieger:
The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA MAKING
RECOMMENDATIONS UPON THE 1967
LEGISLATIVE PROPOSALS OF THE
DISTRICT ATTORNEY OF LOS ANGELES
COUNTY. "
Hearing no bbjections, waive further
reading of the body of the Resolution.
Motion by Councilman Nichols, Seconded by Councilman Gleckman, for the adoption
of said resolution. Motion carried on roll call vote as follows:
'AYES: Councilmen Nichols, . Snyder, Gleckman, Mayor Krieger.
NOES: Councilman Gillum
ABSENT: None
Councilman Gillum: Dwould like the record to show that my
11no" vote does not mean I do not
support these legislative proposals, I
felt very strongly that the City of West Covina should have taken a stand on search
and seizure, which is not included, therefore, I have to vote "no"
INFORMATIONAL
EAST SAN GABRIEL VALLEY JAPANESE COMMUNITY
CENTER vs. CITY EXTENSION OF 20 DAYS GRANTED So noted.
MARCH 17th - April 6, 1967.
CITY MANAGER
1. PLANNING DEPARTMENT ORGANIZATION
PERSONNEL MODIFICATION
Mr. Aiassa:
City Manager (Gave summary of this item.)
Mayor Krieger: We have the report before us and the
organization chart-.- Gentlemen, what
is your pleasure on this?
Motion by Councilman Gleckman, seconded by Councilman Gillum and carried,
that the City Council authorize the City Manager to proceed in accordance with
report dated March 23, 1967, and commence the recruitment of an Associate �Planner
immediately.
RESOLUTION NO. 3553
ADOPTED
Addition of Planning Associate
Mayor Krieger:
The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA AMENDING
RESOLUTION NO. 12 77 BY ADDING CERTAIN
PLANNING DEPARTMENT PERSONNEL. "
There being no objection, waive further
reading of the body of the resolution.
- 19 -
C..C. 3/27/67
Page Twenty
CITY MANAGER -- Continued
-Motion by Councilman Gleckman, seconded by Councilman Gillum, for the adoption of
said resolution. Motion carried on roll call as follows:
-'AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES- None
ABSENT: None
Mr. Aiassa; I have one more item not on the agenda.
City Manager As you know this position was to be
filled in January 1967 and we have not
filled it and there is a savings of about $6, 412. 1 would like to have the authority to
authorize the staff to spend, not to exceed $750. for the next 3 months on part-time
fill in help, in the Planning Department. This has to be done because of the bO-cklog
of work and it can be done out of the existing budget.
'Motion by Councilman Nichols, seconded by Councilman, Snyder, that the City
Manager be authorized to hire terftpbraLy"p.d 7. m h
6-�Planfting;.Department
not to exceed $ 7 5 0. 0 0, fbr' -the balacri'ce' of th-e'.f iscai 11 year. Mdtion carried on roll call
as follows:
AYES- Councilmen Gillum, Nichols, Snyder, Gleckman , Mayor Krieger.
NOES: 17one
ABSENT: None
RESOLUTION NO. 3554 The City Manager presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA APPROVING
AN AGREEMENT BETWEEN THE DEPARTMENT
OF FINANCE, STATE'OF CALIFORNIA, AND
THE CITY OF WEST COVINA, AND AUTHORIZ-
ING MAYOR TO EXECUTE THE SAME.
Mayor Krieger: Hearing no objection, waive further
reading of the body of the resolution.
Motion by Councilman Gleckman, seconded by Councilman Gillum, to adopt said
resolution. Motion carried on roll call as follows:
AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES: None
ABSENT: None
RESOLUTION NO. 3555 The City Manager presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
WEST COVINA REQUESTING TI-E STATE
.DIVISION OF HIGHWAYS TO ENACT A
PROGRAM FOR THE ABATEMENT OF WEEDS AND
DEBRIS WITHIN THE EXISTING RIGHT-OF-WAY
OF THE SAN BERNARDINO FREEWAY. "
Mayor Krieger: Hearing no objection, waive further
reading of the body of the resoluti on.
Motion by Councilman Gillum, seconded by Councilman Gleckman adopting said
resolution.
AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES: None
ABSENT: None
20
C� C. 3/27/67 Page Twenty-one
CITY MANAGER - Continued
REVIEW BOARD MINUTES APPROVAL
MARCH 6, 1967
Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried,
-that the Review Board Minutes of March 6, 1967, be received and filed.
'(Mayor Krieger noted that Item 5 already taken care of.)
CLAIM FOR DAMAGES
HARRY W. BRYANT
'Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried,
that taffirn, afif,)�-Ahiie,� In&uMri_de -Company that the
claim is rejected by Council.
RESOLUTIONS FROM CITIES OF PASADENA
AND HAWTHORNE RE COUNTY -WIDE
RAPID TRANSIT SYSTEM
(Mr. Aiassa advised that this was informational only.)
Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried,
that said resoluti-6ns, be received and filed.
LETTER FROM WEST COVINA CENTER BUSINESSMEN'S
ASSOCIATION REQUESTING CERTAIN IMPROVEMENTS
Mayor Krieger:
Councilman Gillum:
Mayor Krieger:
question as to the parkways.
Council2-,rran Gillum we discussed this
last time, is there anything further you
wish to add?
Not at this time -Mr. Mayor.
The recommendations are included in
the staff report on Page 2, what is the
Council's desire? One is a policy
Councilman Nichols: Mr. Mayor, I am really not prepared
to form a valid judgment on this matter,
I would philosphically like to see
sidewalks in the area, but that particular situation, I believe if it were filled in
would leave no area for any additional greenery or landscaping along there, so I
would accept the staff recommendation and sentiment, which I believe went in the
direction of the landscaping aspect.
Councilman Snyder:
Shouldn't this go to the Planning
Department so we can have more of a
report on the area to be landscaped?
Councilman Nichols: I think you are correct Dr. Snyder. May
I simplyadd I feel very strongly and would
like to pass along my thought to the
other councilmen, that in any area where the council can help to beautify our central
- 1) 1 -