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04-10-1967 - Regular Meeting - Minutes.. �q • MINUTES OF THE REGULAR .MEETING OF THE .CITY COUNCIL CITY OF WEST COVINA , . CALIFORNIA APRIL 10, 1967. The regular meeting of the City Council was called to order by Mayor Krieger at 7: 32 o'clock P: _M . , in the West Covina City Hall. Councilman Snyder led the Pledge of Allegiance. The invocation was given by Rabbi Klein,. Citrus Valley Jewish Temple Center. ROLL CALL Present: Mayor Krieger, Councilmen Nichols, Snyder, Gleckman Absent: Councilman Gillum Others Present: George Aiassa, City -Manager Robert Flotten, - City Clerk Harry C . Williams, City Attorney HermanR. Fast, Public Service Director Owen Menard, Planning Director George Zimmerman,. As s't . City Engineer Robert Gingrich,. Director of Recreation.& Parks Dominic Veronda, Commissioner - Recreation & Parks Com. Robert Nordstrom, Commissioner - Recreation & Parks Com. Donald Russell, Administrative Assistant APPROVAL OF MINUTES March 13, 1967 - Approved as corrected as follows: Mayor Krieger: I would offer two corrections; page 14 a statement attributable to me in the last third of the page where it says "I would again express my opposition to the pro- posed resolution as it has to do with the matters of search and seizure in juvenile courts, " the statement was "of search and seizure and juvenile courts". On page 25, top of the page, where the `Minutes- read:- "A provision plan. " This should read "A provisional plan. " Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the Minutes of. March 13, 1967, be approved a 5,.-cotrec_ted. March 27, 1967 - Approved as corrected as follows- Mayor- Krieger: I would offer the following corrections, page 7 the second to the last paragraph where the statement was made attributable to the Mayor, we have a "rebuttal presumption". The word is "rebuttable.' On page 14, attributable to Councilman Gillum, the second to the last paragraph where it says "May I ask :.Mr. .Menard a question with regard to this letter? (Mentioned a name)" the name is .Mr. Lohmar. On page 18, the roll call on Ordinance No. 991 was in the affirmative as indicated and should indicate "Noes: None" and "Absent: None. " On page 26, the first statement attributable to Councilman Gleckman having to do with the lefthand turn the statement reads "tickets given out there by people not wanting to disobey the law" and it should read "tickets given out there to people not wanting to disobey the law_. " - 1 - C. C. 4/10/67 Page Two APPROVAL OF MINUTES - Continued -Motion by Councilman. Snyder, seconded by Councilman Gleckman, and carried, that the minutes of March 27, 1967, be approved as corrected. CITY CLERK'S REPORTS PRECISE''PLAN NO. 435 LOCATION: Barranca Street between Walnut ACCEPT STREET'IMPROVEMENTS Creek Wash and Mesa:Drive. WELDWOOD STRUCTURESDIVISION APPROVED Accept street improvements. Authorize the release of Federal Insurance Co. , perform- ance bond No. 8031-67-23 in the amount of $11, 000.00. `Motion by Councilman Snyder, seconded by. Councilman Gleckman, and carried, to --accept street improvements Precise .Plan No. 435 and authorize the release of the —Feder-al Insurance Company performance bond No. 8031-67-23 in the amount of $11,000.00. PRECISE PLAN NO. 494 (R) LOCATION: North side of Valley Boulevard, ACCEPT STREET IMPROVEMENTS west side of Sentous Avenue. LIVELY CONSTRUCTION CO. APPROVED Accept street improvements. Authorize the release of the Travelers Indemnity Company performance bond No. 1384538 in the • amount of $4, 900. 00. Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, to accept street improvements Precise Plan No. 494 (4) and authorize the release of The Travelers Indemnity Company performance bond No. 1384538 in the amount of $4, 900.00. TRACT 26098 ACCEPT STREET IMPROVEMENTS EVANWOOD CONSTRUCTION CO. APPROVED No. 180048 in the amount of $10, 000.00. LOCATION: East side of California Avenue south of Bainbridge Avenue. Accept street improvements and monument installation. Authorize the release of Bank of America time certificate of deposit Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, to accept street1 mprovements Tract 26098 and authorize the release of Bank of America time certificate of deposit No. 180048 in the amount of $10, 000.00. FINANCING OF LOS ANGELES COUNTY LOCATION: Orange Avenue between "FLOOD CONTROL DISTRICT STORM Sherway Street and Puente DRAIN BOND ISSUE - PROJECT Avenue and Azusa Avenue NO. 743 and 8402, UNIT 2 from Walnut Creek Wash to .APPROVED San Bernardino Freeway. City Manager, Mr. Aiassa: I think the Council realizes that our bid came in on Badillo Ave:: ,lower than anticipated and the $36;400 that we needed for deposit was not needed and the staff is recommending we take $22, 171.00 of this money allocate it.`for:the Orange - 2 - C. C. 4/10/67 CITY CLERK'S REPORTS - Continued Page Three Avenue Drain Project No. 743 and the remainder of the $36, 400.00 be deposited in the Storm Drain Fund of the City. • Mayor Krieger: This $36, 400. 00 that we deposited as against a possible shortage on Badillo, was part of that $36, 400.00 supposed to be the contribution that we advance for the City of Covina as well? So when you talk about that. $36, 400.00 now being available in fact that $36,400.00 isn't available. .It was only a portion ofWh-atthe City was going to contribute. City Manager, Mr. Aiassa: The whole bid came in low enough to actually cover Covina, . in other words Covina is not short now. Mayor. Krieger: I mean if the bid had been over the allocation then the $36,400.00 was supposed to be a joint participation of the City of Covina and the City of West Covina. City Manager, Mr. Aiassa: Actually we were going to advance it for the City of Covina, because they did not have appropriations until sometime after July 1. Councilman Gleckman: I was under the impression that we had authorized the • $36, 400.00 as the City Manager said, to cover Covina's deposit because they did not have the funds and we wanted the job done. Now we find that the bid came in lower than expected, there- fore we do not have to advance that $36, 400.00 so it is available now to proceed with against this project. Mayor Krieger: I understand that, but when the report says we have $36,400.00 available we are talking about our left pocket and right pocket and part of the pocket had the hand of Covina in, so as far as the monies being available is concerned, had it been necessary Covina would have had to come in with a part of that and it would have been a reimbursement item to us. Councilman Nichols: I believeXthe area of possible misunderstanding is ther"/cr TNAr T./E $36,400.00 fund is all money. from our kmaid 11111 LOCAL Storm Drain UMW fund. Is that right Mr. Aiassa? City Manager,.Mr. Aiassa: Yes. Citygets refunds-depositTed with the district. Mayor Krieger: I admit all of the monies are our monies but we are not in fact saving $36, 400.00 because this bid came in. • City Manager, Mr. Aiassa: We anticipated a higher bid and we got a lower bid. Councilman Nichols: It doesn't infer, Mr. Mayor, that we are saving $36, 400 it just says the funds are available from that source, Mayor Krieger: That part is understood. - 3 - C. C. 4/10/67 PAGE Four CITY COUNCIL REPORTS - Continued "City `Manager, Mr. Aiassa: I think what the -Mayor is sayingi's that'this mo.pey.was actually available but we used it on one project and then just transferred it to another project. 'Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, to approve ,the added expenditure of $22, 171 .00 for the Orange Avenue storm drain, and also authorize the use of the funds from the $36,400.00 deposit for -Project 1123 Badillo Avenue, to handle the excess over the budgeted $75, 000.00. RESOLUTION NO. 3556 The City Clerk presented: TRAFFIG_SIGNALS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING ADOPTED APPROVAL OF. CITY-STATE PARTICIPATION AGREEMENT NO. 2105. " Mayor Krieger: Hearing no objections, the °chair will waive .further reading of the body of the resolution. :Motion by Councilman Snyder, seconded by Councilman Gleckman, that said resolution be adopted. Motion carried on roll call as follows: AYES: Councilmen Nichols, NOES: None • ABSENT: Councilman Gillum PLANNING COMMISSION RESOLUTION NO. 1942 DISAPPROVED Snyder, . Gleckman, Mayor Krieger. The City Clerk read Resolution No. 1942. Mayor. -Krieger: A fair statement of the law, Mr.. City Attorney, that this 'irfterprLtation of the Planning Commission is not binding upon the City Council and is not law unless adopted by the City Council? City Attorney, Mr. Williams: Yes, .it must be approved by the City Council and that approval can be by motion. Councilman. Snyder: This concerns me somewhat for several reasons. One factor that led to the weight of argument in granting this - this particular motel is located on the north of the freeway, east of the*E1 .Dorado, and the zoning was granted by variance or special use permit because at that time we did not have a highway use zone. However, what really concerns me is if we grant a restaurant in the R zone, even though its restricted to his motel, that sooner or later the owner can say that there isn't enough use from the motel •and will ask for it to be opened up for public use or outside doors . . Secondly, it also opens the way for more variances in granting restaurants in motels in other areas of the City. I am not convinced that this is the correct approach. That the change of zone which would allow a restaurant wouldn't be the most proper approach. .May I ask the Planning staff the zoning on each side of that motel, is what? Planning Director Mr. .Menard: Commercial zoning to the E1 Dorado Motel to the west, and if I am not mistaken, a land use variance allow- ingthe motel to the east. - 4 - C� C. 4/10/67 PLANNING COMMISSION - Continued Page five Councilman Snyder: But this is the kind of problem when. we do things by variance that keeps extending itself and gets out of hand. Although again, for that particular motel and • °particular location, I am not against a restaurant, but I am not convinced that, this i-s-the- proper approach,, that they shouldn't ask for a change of zoning or another variance. CityAttorney, Mr. Williams: This in effect says that the motel itself carries a restaurant if it has so many units. Councilman Nichols: I am inclined to agree with Dr. -Snyder. .It has been only recently that I brought to the attention of the council, and staff, where a restaurant supposed to be incidental to another use was allowed in a zone that does not normally permit that type of use and then when business conditions were such that .it was felt there needed to be an .appeal to the public to patronize that use, .it came into- obvious conflict with the laws as they exist. I think .where we permit this type of an opera- tion to exist and we stipulate that entrances, etc. , must be interiorwise, we are really saying in effect, because of the zone, because of these entrance requirements, that this is a use auxilliary to the primary use and therefore, 'it°s calculated or approv- ed'b:y this body entirely to that business and not as a use to the general public. Yet, almost inevitably in a short time these uses trend to become public uses. I believe if the motel or facility is located in a zone that should properly be a commercial zone where a restaurant would be allowed that it should receive that zone, but if it. is • not in that zoning that they note it at that time that they make application for use and that it is not permitted, at least, in this City, and if they beg later ignorance it is their problem and not ours. I believe that we should hold to the zones that we have and change the zones where indicated, and not try to solve every problem by specific moves of this sort to save someone that finds `.himself in a bind in someway. Councilman Gleck.man. I believe that the thought here has some merit, but I also go along with Dr. Snyder and Councilman Nichols. I think we are asking for trouble if we put this in R zoning. I think of the Town House complex we have at present in our City which would at anytime in the future need any type of development like that, would also call for the permission of putting in a restaurant. I think., along with what the other councilmen have said, I don't agree it should be included in the R zone. Councilman Snyder: I am wondering if this hadn't ought to be sent back to the -Planning- Commission. I don't know what action could be taken on it if it were sent back..... . Mayor Krieger: You suggested as a reasonable alternative,.. Dr. Snyder, and I believe the other councilmen concurred, that this would be a matter, of zoning, rather than a matter of interpretation or a matter of variance. -So we have zoning on our books to cover, this kind of a •situation. You are being asked to pass upon the Planning Commission's judgment as to a interpretation, either you approve or disapprove. Councilman, Snyder. Then. if you read the heading of the resolution we can. vote on it and just rej ect it. City Attorney, .Mr. Williams: The motion would be to disapprove the- interpretation — and .refer the --matter back to the Planning Commission. - 5 - C. C. 4/10/67 Page�Six PLANNING COMMISSION - Continued Motion by Councilman .Gleckman, seconded by Councilman Snyder, that Resolution No.' 1942 be disapproved and the matter be referred back to the -Planning Commission. Mayor -Krieger: I question : the motion for the benefit of the Planning Commission, now assuming the motion 'pass -es, what action is the council intending that the Planning Commission ;sho.uld, take on this matter? Councilman -_Nichols: May I ask a question to refresh my memory of a few mir-=6s .ago? Mr. Menard, did you not say that there -was C zoning adjacent to this parcel? Planning. -Director, Mr., Menard: Yes, immediately to the west. Councilman Nichols: Is that a single location.0 zoning or, is it contiguous with other .... ? Planning. Director, .'Mr. Menard: There is additional C zoning, if my memory serves me correctly, covering several service stations, but the bulk of the land use is by the El( -'.Dorado Motel. Councilman Snyder. I think the motion doesn't need to be referred back to • the Planning Commission, just be disapproved. The General Plan indicates this should be highway commercial, but we have never developed highway commercial. Mayor Krieger: My point is simply this 'Dr.. Snyder, I can see where the applicant who came in for this interpretation might. want to do something and specifically from the comments made by the council he might want to file a zone application, but I don't think we want the Planning- Commission to take the initiative on behalf of this applicant or any other applicant to initiate a zone change for them. Councilman Gleckman: I withdraw .... last part of #MV motion. City Attorney, Mr. Williams: Motels are permitted in the commercial zone. In other words there is a zone where both a motel and a restaurant can be accommodated. Mayor Krieger: There is a compatible zone now. Councilman Gleckman: Isiz't there someplace that you feel within our City that sometime in the future somebody could come in with a similar problem and where the zoning, we •ourselves would feel that we would not want to get involved with because you can not zone with the idea .of what is going in there, you either zone because those types of uses can go in and which are multiple amount, not just strictly a rest,eiurant. _ One of the reasons :I wanted it to go back to the'Planning Commission was be- ca-usetheysmay come: ups with,wher;e: there.l:sl a motel unit -that has- under,_75 units under a special use permit or whatever recommendation they would make to us to handle a situation of this type rather then just say "no, . it is not the zone, . we don't want it there, and that's it. " - 6 - Co. C. 4/1"0/67 PLANNING COMMISSION - Continued Page Seven Councilman- Snyder: One further thingwrong with this, they also allowed a sign stating that the restaurant is a part of the motel use. -Right there it says it is going to be for public . use even though the doors are inside. And, so again.I think each problem is going �to--be specific and if we do by variance or send it back to the Planning Commission and they do it by variance or special use permit it is going to snowball and will have 'to be done that way all the time and .I think the proper way -is through zoning. -~Mayor, Krieger: Do we have any existing problems to your knowledge Mr..Menard, on existing motels within the City that would be of the size inherent in the Resolution of the Planning. Commission that either have or desire to have restaurant facilities that are already developed as a motel? Planning Director, ~,Mr. M-enard: No, I know of no particular problems other than the one that triggered the request for the interpretation. Mayor Krieger: It seems to me then it is .a.'prd'spective rather then an existing retro-active problem they were trying to deal with. And there is no problem then because if we dis- agree with their interpretation .I don't think there would be further action that they would have to take. • Councilman Snyder: I listened to their discussion and they had no alternates at that time.... . Councilman Gleckman: I would amend my motion to read denying _ the resolution of the'Planning Commission of the City of West Covina regarding interpretation of Municipal. Code 9219.4. Mayor Krieger: Do you accept that Dr... Snyder? Councilman Snyder: Yes, :: , _ ,:; ;M.otion carried denying. and..disa.pproving. -Planning .Commis sion Resolution 1942. REVIEW PLANNING COMMISSION ACTION OF APRIL 5, 19 6 7. - SCHEDULED MATTERS BIDS' PROJECT SP-67019 • STREET IMPROVEMENTS Fred Weisz .& Associates Crowell & Larson Laird Paving Co. Aman Bros. ..So indicated by Mr. Flotten. LOCATION: : Sentous Avenue, . Valley Boulevard, to Valley View Avenue. Bids were received in the office of the City Clerk at 10: 00 A.M., on Wednesday,. April 5, 1967. The bids received are as follows: 10% bid bond 7 $ 9,976.25 10,259.75 10,308.92 10,459.88 C.. C. 4/10/67 Page,Eight BIDS - Continued Sully -Miller 10% bid bond $12, 890.45 Louis S. Lopez " 13, 456.39 . Schropp Co. 13, 826.46 Vernon -Paving Co. 15, 225.00 "'Motion by Councilman Gleckman, seconded by Councilman Snyder, that the low unit price bid of Fred .Weisz & Associates of Walnut for Project SP-67019 be accepted, and that the'Mayor and City Clerk be authorized to execute an agreement with the said..Fred Weisz & Associates -for the work. Motion carried on roll call as follows: AYES: Councilmen Nichols, Snyder, Gleckman, Mayor Krieger NOES: None ABSENT: . Councilman Gillum HEARINGS SLIGHT MODIFICATION NO. 49 LOCATION: 184 North Willow Avenue, Michael. Whelan,. Jr. between Pacific Avenue and Channing- Street. DENIED • Request for reduction in required lot depth and area in Zone R-A denied by Planning Commission Resolution No. 1941. -Appealed by applicant on March 16, 1967. 'Motion by Councilman Gleckman, seconded by. Councilman .Nichols, that the affidavits on -Slight Modification No. 49 be received and filed. Motion carried. (Mr.. Flotten, City Clerk, read Planning- Commission Resolution No. 1941) Mayor Krieger: This is the time and place for the public hearing. IN FAVOR None. IN OPPOSITION None. There being no public testimony, the public portion of the hearing was closed. • Councilman Gleckman: Is :Mr. Whelan in the audience, or any representative? Mayor -Krieger: Strange. .Was there any communication, the gentleman appealed this to the -Council? Planning Director Mr. Menard: I have heard nothing other than the appeal. .We have not received a communication from the applicant C. C. 4/10/67 Page Nine HEARINGS - Continued Mayor Krieger: Was the applicant notified that it was on tonight's agenda? City Manager, Mr. Aiassa: I don't know. City Clerk, `Mr..Flotten: Notices were sent to 8 property owners in the area. Councilman Nichols: I think this request certainly provides us with still additional evidence that there is a growing feeling that some relief should be provided for what we term the area of deep lots in our City. .During the past months since, I believe, a number of people'Were .in before the Council where a water line was to come through, and -there were s.ome-.reVests. for -ellef'-at;that. .time.I have had many occasions to drive `through that area and I see an area that is beginning to deteriorate rather badly ,in some sections, 'Perhaps a bit of bad ,':unfair form to say. that I have come to feel very strongly, that some type of zoning relief has to be given to that area .in the best -interests of thepeople that own those properties and the best interests of the City -of West -Covina. However, I do not feel that this type of request is in any sense a proper, solution to the deep lot problem and I would not want to see a precedent established through creating flag lots in that area. Councilman. Snyder: As you recall, two years ago, we had a rather • extensive study on the deep lot program and it came up with some recommendations but really no strong ones-and no answers. .I believe it is part of the contract with the General Plan consultant-- to is.tudy the problem of this deep lot area and help us find some .answer. It may be that flag lots are the only solution. I think we need to do more than study; we need to come up with some answers, some,guidelines on how to handle:"this. It is not an easy problem, but it is a part of the General Plan study and contract . Motion by Councilman Snyder, . Seconded by. Councilman Gleckman, and carried that Slight Modification -.No. 49 be :denied. VARIANCE 'NO. 595 LOCATION: 126 S..Glendora Avenue WILLIAM.. SULLIVAN Request for non -conforming identification signs in .HELD -OVER Zone C-1 denied by Planning Commission Resolution No. 1918. Appealed by applicant on September 14, 1966. Held over from October 24, 1966, with hear- ing held open. .Motion by Councilman Nichols,, seconded by Councilman Gleckman, and carried, that the Council hold over the' matter of Variance No. 595 to the August 14, 1967, • regular council meeting with the hearing open. Councilman Snyder: It might be advisable to notify Mr.. Sullivan to state his feelings regarding this type of sign and justification on the hearings on the sign ordinance. Mayor Krieger: I think.Mr.-Sullivan has been active in this endeavor. -9- C. Co 4/10/67 HEARINGS - Continued ZONE CHANGE ..NO. 375 CITY "INITIATED Page Ten LOCATION- Property adjoining Barhite's - west side of Orange Avenue between Badillo and Grovecenter Streets. Request to change from Zone R-A to C-2 approved by Planning Commission Resolution No. 1943. "Motion by. Cduncilman Gleckman,. seconded by Councilman Snyder, and carried, that the affidavits of publication and mailing be received and filed PLANNING COMMISSION LOCATION, Property adjoining Barhite's RESOLUTION NO. 1943 west side of Orange Avenue between ZONE CHANGE NO. 375 Badillo and Grovecenter Streets. CITY INITIATED APPROVED C-1 ZONE The City Clerk read the entire Re solution. Mayor Krieger: This is the time and place for the public hearing. IN FAVOR None. IN OPPOSITION Mrs. Ernest Ayres 1839 W. Grovecenter St. We live directly back of that strip C-2. What is that proposed to be? (Mr. Menard, Planning -Director, pointed out on the map the area under consideration.) Mayor .Kr, ieger: Mrs. Ayres, your residence is where? Mrs. Ayres: The second house from the corner. May I ask is C-2 supposed to be apartments ? Mayor Krieger: The council will discuss any questions you have during the council discussion on it. .As far as any uses that will be discussed at the time of our dis- cussion. Mrs. Ayres: Oh, I see, then.C-2 .is not definite, it could be used as several uses. Mayor Krieger There are multiple uses permitted in-C-2. • Mrs. Ayres: You want that strip that is in there/which looks like it is useless - unless it is changed into C-2 we don't -wish apartments against the back of our pro- perty. Not opposed to business but to apartments, Mayor Krieger: There being no further public testimony, the public hearing portion is closed. Will you please read off the allowable uses in Zone C-2, Mr. Menard? (Mr. Menard, Planning Director, read the allowable uses in Zone C-2.) - 10 - Co C. ' 4/10/67 HEARINGS -- Continued Page Eleven Councilman Snyder: Would you in addition state the philosphy of C-2 as compared to C-1 ? C-1 is neighborhood commercial, C-2 is the type of commercial that takes over a • little wider area and heavier uses than C-1. .C-3 in effect is the heavy regional service commercial facilities, is that correct? Planning Director, Mr. Menard: That is correct. Councilman :Snyder: In the earlier zoning to the East, . I argued for C-1 because it seemed to me this particular parcel was not necessarily a part of the other larger parcel and had a different set of conditions facing it on Orange,Avenue then this facing . Badillo. I think the-C-2 zoning is already there on Badillo and has been there for ...-a -long time. The extension of the C-2 back in the white •area - - there was some discussion in the Planning Commission whether they should make it C-1 or C-2. C- l there; -really offered no advantage -over C-2 . . In effect it will be a parking -lot ,anyway, also I believe the setbacks -are the same in both zones. I have no opposition to the Planning Commission's thinking in granting C-2 .in this area, however, I still think it was correct to grant C-1 on the other little parcel to the ebrst. Mayor.- Krieger: We are considering commercial zoning on this property. .Mr. Menard, this does not permit apartment houses? Is that correct? Planning -Director, Mr. Menard : It would not include apartment houses. Councilman Gleckman: Once again, I can't understand a parcel being left in that. zone between a residential R-1 development and a commercial C-2 development, unless there was some reason for it or some conditioning for it by the previous City Council. Now, when that C-2 was first applied for and first brought in, do we have a record of what the conditions were for granting that C-2 ? The thing I am getting at, and it sure looks that way to me, . I could be wrong, but it sure,looks to me like this was the so-called buffer zone at that time, that the people living in the area wanted or, the council felt was the proper protection for the R-l',development. .And it seems to have been a common practice,to leave that land that way until such time in the future a new city council is elected, or new owners move into the area and then come in and get the highest zoning on any basis they can. •Mr. Menard, do we have any record of the basis on which that land was -zoned C-2? Planning -Director, .Mr..Menard: No, I don't Mr. Gleckman. The only information we have is a verbal report from the attorney on this parcel of. land (pointed parcel out on map) who indicated this was the legal description here, he didn't substantiate or refute the statement.' Councilman !Snyder: Certainly if it was done for the purpose of buffering, it was a poor subterfuge because this would be a poor way to buffer. It was found the best way to buffer is by Precise Plan , Councilman Gleckman: Well the only thing.I was thinking of Doctor is that first they came in .with the R-A parcel to get that C..C. .4/10/67 HEARINGS - Continued Page Twelve zoned C-2 an_d it` was all connecting and it does front on the street so theaccess would have been there. How deep is that parcel.? • Planning Director, .. 'Mr. Menard: 55' deep, 425' in length. Councilman Nichols: It is true that the,setback under C-1 and C-2 .is the same, but the uses are not the same. If we would refresh our memories as to the list of uses mentioned, --the number of uses acceptable in C-2 are not acceptable,in C-1 and a good many are -uses -which, by their very nature, are noisy, intend to create a greater degree. of disturbance in the air and to anything adjacent to them. .If you use the same " `setback and then built the building certainly when the zoning is there and the -setback is complied with you cannot stop the building from going in there. If you built that building one typeof use,would not be obnoxious to us probably residing 50 or 75' away, .whereas `another type of use might be extremely discouraging. Let's, say,y-a cocktail bar with dancing to the -wee hours of the morning as compared to° -a -small -grocery store. I still believe in the concept of attempting to protect or buffer the R-1 property adjacent to commercial property and I know you gentlemen do also. .I would maintain a continuation of that C-1 zoning that we initiated sfometime ago into this strip would be appropriate. Now if it is. to be used as parking, in truth, then it would make no difference to the owner either because he can park there on C-1 or C-2 , but if desired to use it structurally then .I think we -are obligated to protect those people to hold to that C-1 zoning there. • Councilman Snyder: You do have a point there. This would force him to design his Precise Plan so as to put the quieter uses in that area. . I don't see how C-1 harms him in any- way or takes -anything away from him and it would be more protective to the residents. City Attorney, .Mr. Williams: However, you could not have parking for a C- 2 use in a Councilman Snyder: If it were developed all as one property? City Attorney, .Mr. Williams: You would destroy the ability to do that if you made it all C-1. They could not use the rear portion for any other purpose then C-1 unless they used the front portion also. (Mr. Williams explained in detail,. referring to a court case that came up in Arcadia.) Councilman Snyder: You can carry this point a little bit further that you brought up .Mr. Nichols, I am not so,sure that C-2 should have been granted on the north in the first place. But, I think if you are going to put C-2 it should be on large parcels like this and Badillo will be'a main street east and west, so it is probably a good location for C-2. Regarding this parking problem, couldn't you grant by variance for the right of a C-2 .to park on a C-1 ? Councilman Nichols: Mr. Williams, in zoning a use that is granted in a given zone :is it; &lso applicable to any less restrictive zone? If a use is granted in C-1 the same use could be used in C-2 or: C-3? City Attorney, .Mr. Williams: Not necessarily. That is true in our commercial zones but not true in our residential zones. It is - 12 - C. C. 4/10/67 HEARINGS - Contin ued Page Thirteen true because we say so. • C-2 starts out saying "any use permitted in C-1" and then adds more uses. If it did not say "any use permitted in C-l" then it would be ex- cluded. Councilman: Nichols: Is parking,not in a driveway, but in a zoned piece of pro- perty - parking is authorized in C-1, isn't it? City Attorney, `Mr. Williams: No - parking partakes of the use to which it is appurtenant. If it is parking for a hardware store you need hardware park- ing; if it is a restaurant, you need restaurant parking, etc. With one exception, you can have public parking places in certain zones. Councilman Nichols: What zone in West Covina is necessary for someone to receive zoning to have a parking lot? City. Attorney, Mr . Williams: A public parking lot? Councilman Nichols: Any kind of a parking lot. City Attorney, Mr. Williams: It makes a difference. .If you need a parking lot next to a liquor store you need zoning that permits that. .If it is a • public parking lot where you charge people to come in and park, I believe it is.C-3. Planning Director, Mr Menard: C-2 spells out parking lots. This is the first zone that parking lots are allowed in per: se. City Attorney, Mr. Williams: Parking lots do not mean parking lots that are appurtenant to an apartment house. That takes apartment house zoning. Councilman Snyder: If you had a development that overlapped these two zones here, was all developed as one development and there was C-2 usage in the proper. C-2 .zone does that mean you would have to put up a barricade to keep the C-2 from parking in the C-1? City Attorney, Mr. Williams: It means this. You couldn't use the C-1 parking area for a.C-2 use, unless you got a variance. Councilman Gleckman: Primarily what the City Attorney is saying, that in the Precise'Plan you couldn't use. C-1 property for parking • spaces that might be needed for the C-2 uses. City Attorney, Mr. Williams: That is right. Councilman Snyder: But there would probably be enough C-1 uses that you could delegate - all that C-1 parking to the north. City Attorney, Mr. Williams: I am not going to argue that -- I gave the legal aspect. mix= C. C. 4/10A7 Page Fourteen HEARINGS - Continued Councilman Gleckman. Would somebody tell me why this is City initiated? Planning Director, MV . `Menard. The'Planning Commission in studying the first part of it realized that this particular area was quite a problem and therefore iti brdeL_to. `atteWpt Ao clean up a potential zoning problem they initiated action on it themselves. - Councilman Gleckman. Does the same party own this parcel that came in a month ago that we talked about a C-1 and C-2? Planning Director, Mr. M-enard: No. This property is separately) owned. This property is under the same ownership as the existing C-2 to the north. Councilman Gleckman: In other words one time the same party owned all that pro- p erty. . Planning Director, Mr..Menard: Yes: Councilman Snyder: If our purpose is to protect the residents by in effect using- C-1 in the back andrequest- them to put the noisier and dirtier, so to speak, busiriess:f_,s_Jo thQ,.front;�.it_5eem9 we�have a conflict in the zones due to the parking situation, but that is solvable at the time of the'Precise Plan. Mayor Krieger. I think it would be rather unique if on the Barhite application where they initiated asking for C-2 and we said "no'you can have C-1" and we initiated something right next door to it and grant C-2. It seems to me if we are going to be consistent in our approach to the zoning of this property the same facts should be taken into consideration that motivated us to only grant a . C-1 on the property to the east. Councilman Gleckman: Since this is City initiated we can go ahead and set up C-1 do this property - Mr. Williams? City Attorney, Mr. Williams: You can set up C-1. The reason being, not that it is City initiated but that all the uses in C-1 are contained in.C-2. So just as you can zone part of what you have initiated and not zone it all geographically, you can also grant part of the uses without granting all. Motion by Councilman Gleckman, seconded by Councilman Snyder, that Zone Change No. 375 be zoned from R-A to C-1 . . Motion carried on roll call as follows : •AYES. Councilmen Nichols, NOES. None ABSENT. Councilman Gillum LA SENA _;AVE N,UE Snyder, Gleckman, Mayor Krieger. Councilman Snyder: Regarding La Sena Avenue to the west from Grovecenter to the north, obviously at the time of the development of this - this is either going to have to be .a cul de sac or there will be an entrance into commercial property through a residential street. To the west of this is the Baldwin Park football field and that portion of La Sena Avenue serves no purpose and I believe Baldwin Park is annexing it to the center. of 14 - C. Co 4/10/67 HEARINGS - Continued Page Fifteen the : -street and I am wondering if it wouldn't be proper to take action to abandon that street so -we don't have to keep it up anymore. The only purpose that street serves, • I believe, is the man in lot 42, his garage is off that street. City -Manager, Mr. Aiassa: I would like to make a suggestion that we have the staff review it and make a report. Councilman Snyder: What happens when we abandon the street? City�Manager, Mr. Aiassa: It reverts back to the original owner. City Attorney, Mr. Williams: Under the fee. Usually the fee goes to the center of the street. Councilman Snyder: Actually the man could use that driveway back to his garage. City Attorney, .Mr, Williams: You must refer it to the'Planning Commission. .Motion by Councilman 'Snyder, seconded by -Councilman Gleckman, and carried, that the,question of abandoning La Sena Aven ue from. Grove`centdr.'AV6nue_`north .b°e.referred-t-6 the. staff.- _ • RECREATION AND PARKS REVIEW OF ACTION TAKEN BY COMMISSION AT REGULAR MEETING OF MARCH 28, 1967. Mayor Krieger: I would suggest that we direct our attention to the minutes of that meeting with the exception of Item #5, which is Undesirable Street Tree ' Removal Program, and take that up as a separate item. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the Council receive and file the minutes of the Recreation & Park.Department '40rg 7NE E� cEyno�+ of dated .March 28, 1967 Item #5. Three councilmen in the affirmative, absent:. Councilmen Nichols and Gillum, ITEM #5. UNDESIRABLE STREET TREE REMOVAL .PROGRAM;}:: Mayor. Krieger: We have a report from the Recreation and Park Department to the Recreation and Park Commission dated October 22, 1965. The council has received a number of petitions referring to the retention of the Silver Maple trees, received in the City Clerk's office and distributed to the council and we have the report of the action of the Recreation and Park Commission at their meeting of March 28, 1967 with reference •to this item. I notice we have with us this evening the Chairman of the Recreation and Park Commission, Mr. Veronda, .and a member of the Commission, Mr. .Nordstrom, and the -Department Head, Mr. Gingrich. Councilman Snyder: Mr. Mayor, as a point of order wouldn't it be better to have the report read as to our reasons, which may answer these people's opposition before it is made? Mayor Krieger: I believe your point is well taken. Obviously the council has read it - - this would only be for the benefit of the C.. C. 4/10/67 Page'Sixteen RECREATION & PARKS - Continued people here this evening. '(At the request of the Mayor, the City Clerk, Mr. Flotten read -iltem #5;,Of'Ahe • -Recreation and Park Commission meeting of March 28, 1967, and the letter dated °March 28, 1967, addressed to the property owners.) Mayor Krieger: This is the time and place for the public hearing. IN OPPOSITION Mrs., Doris Kells:y 312 .Noe Foxdale •I am speaking for most of the people here tonight so I would like to have about 10 minutes. I have written letters to all of the Councilmen and to the Mayor, and I hope as a resident they have been read. If not, I would like to say that my husband and•I purchased our home 2 years ago. We painted it inside and out, put in a new 'lawn and a new fence and we hoped to make it our home and send our children Ao. school and to college. We take pride in our home and our community. We bought the house -because of the trees and there are people all around us that feel the very same way. We feel if these trees are cut down and replaced by 5 gallon bucket ones - - my husband is 6' tall, he isn't going to benefit from that type of tree, and we don't -:want-them. Our street does not have sidewalks so the trees can't uproot them. We are on the Foxdale Yaleton - Nora blocks, right by Del Norte School. Most of our trees seem healthy enough to me. They throw • off a lot of seeds but we rake them up. If it has to be, we will get out and clean our streets up if there isn't enough money to clean them up, because we feel that way about our streets. If they are cut down our property values •will go down. Our -homes are just ordinary homes, they cost from $16, 500 to $17, 000 and if you take the trees away then who is going to buy them? We,will try and sell our house if the t rees rare cut down. We would like to know who decides if these trees are undesirable or unhealthy, . in order for us to know when we should attempt to sell. We didn't know anything- about this - maybe we should have been attending council meetings. We are not organized but I have talked to Mr. Chris Justi, he says he knows the gentlemen here and if we want him, he will be a mediator for us. We do love our trees very much and we want them. A lady on Yaleton went out at 5 o'clock this afternoon and took pictures with a polaroid camera, we would like you'to see the pictures, how beautiful the trees are and how they improve our neighborhood. If you do cut these trees down we feel that less desirable people will move in and West Covina will not benefit from it. We would like to know - I didn't understand about this paper that was to be mailed or something that was supposed to notify us - - why we weren't given more publicity about it. We knew nothing about. it. The people that received these cards that my little boy took around - the people knew nothing about it. My • phone has been ringing all day, no one knew anything. I got a poster in the Chamber of Commerce c but they told us they had not voted and couldn't take a stand. We are here all on Foxdale, Yaleton Nora, wbfl]?rrianrand'HollowreThere are fourteen houses on the 300 block of North Foxdale - I have a petition signed by all but one person and all wanted to keep their trees. _._One -man works for the City but he says - although Ash trees are the messiest - he would rather get out and clean up under the trees. We haven't seen anything uprooted by them. If we have to pay for it who sets the value on something that is worth something to us? We would rather pay for what we want, to make our homes more beautiful. We don't want to move but we will move. Do we have to get up each morning to listen if C. C. 4/10/67 Page Seventeen RECREATION & PARKS - Continued UNDESIRABLE STREET TREE REMOVAL PROGRAM - Continued the man is coming to cut our trees down? Or do we have to come to these meetings and go through all of this and find that somebody has passed a motion and somebody . has 'seconded it and are trees are gone. .Why don't we have letters out? Why don we know about it? Our trees mean a great deal to us. . Most of the people in the 'room tonight didn't know a thing about it until this afternoon. I wasn't sure it would be on the agenda and when it was my little boy went out with the cards. . Maybe my little -boy should be paid by West Covina or maybe I should be paid by the City. 'The people were amazed, they couldn't believe their ears. We don't think we have had the publicity we should have. Maybe people don't care to have real expensive homes, maybe they don't want to be bothered with sweeping the leaves from the ground, but it -is worth it to us. We are just across from the freeway. They are our homes and the trees are part of our homes. We have neighbors that have lived there since the trees were so small they had to prop them up with sticks to keep the wind from blowing them over. They have taken care of the trees for 15 years. . They are not diseased, if they are then I have never seen a healthier diseased tree th�.n I have in my front yard. I don't know who decides if these trees are diseased or up -rooting. It isn't fair. You should take uh by blocks or individuals or on the basis that we -don't have any sidewalks to be up -rooted. The trees that are in our front yard, the roots were coming up, and my husband recovered them withdirt-1 and fixed the -lawn up. We just put too much work in it to put it up for sale and move away, but we will have to do that; if we have to live every day knowing our trees are going, • because they are important to us. I am from Louisville, Kentucky, and I want to know how the cities back East can maintain their beautiful parkways with beautiful trees when'West Covina is too poor to do it? The trees back there have ice and snow. I .would like to know how many suits are against the City for limbs that have broken or fallen on people? How much has been paid out on the liability the City carries? If these trees are removed what about the rest of West Covina? We are all proud of the whole community. We don't have $30, 000 or $40, 000 homes but we are proud that we live,in an area that people do, and we do the best we can with what wedo have and we like for you not to take away from us what we .do have. We weren't here 15 or 16 years ago - some of us - and we didn't allow those trees to be put in and we wouldn't like them taken away, because our area will be flat and it will be hot. I will conclude by giving you my petitions which aren't very many because we picked them up tonight at 5 o'clock and I will also give you the pictures and I would like you to keep them. Diane Lahose 1019 Bpru�(F,Street We feel that the beauty of these trees makes them valid and that it is worth considering by your council, retain- ing and maintaining these trees. We have not received an adequate answer on the cost of the removal of these trees versus the • cost of maintaining them, but we would hope that this council will look at both sides - the 4e8.thetic value versus what it costs to maintain them. We are aware that some are high maintenance trees but we feel for the overall..picture of our City that five thousand trees of this size add a great deal of beauty to our City. Thank you. - 17 - Co Co 4/10/67 Page'Eighteen RECREATION & PARK UNDESIRABLE STREET TREE REMOVAL PROGRAM - Continued Mrs. Thomas Wallace 1019 W. Ituni ,Street I also believe that maintaining these trees would • be much preferable to taking them out. .Also, I question the tree list which has been approved. .I feel that some of these trees, maybe there should be more study on them. Just as an amateur layman I looked up some tree books and looked at the list of some of these trees and some of them, for instance: Crepe Myrtle - difficult to transplant, sends out suckers; Byrana Plum - aphids and worms; Purple -Leaf Plum - aphids and -worms; Norway,Maple - branches become brittle and break off if crown is not trimmed annually, aphids are plentiful; Western Hackberry - susceptible to attacks from mites and mildew fungus resulting in witches broom. disease; Lily of the Valley - _nbeds a good deal of pruning to correct haphazard of growth; Red Iron'Bark - thrips, makes litter, branches are brittle; Maidenhair Tree - obnoxious odor of flower or fruit on female tree, etc. I feel our trees do need some maintenance, but I have lived in the area for 10 years and in that time - I have 4 small children and have been home all the time - there has been maintenance once in the 10 years. • So if they are talking about the cost of maintenance maybe they better use some figures. Thank -you. Pete Vlahos 1019 Spruce I wish to thank you for being able to speak here • this evening . My wife and several of her friends circulated the petitions that were 'presented to the Recreation & Park Commission and the area that these ladies covered, I would like to point out on the map because I think it would indicate that it is only a small area of our City. (Pointed out on the map the area of Merced, Glendora, California and Sunset.) The petitions were circulated in this area . There are other Silver Maple trees in this area and other areas but these ladies did not circulate ,in any other area then just this one. I would so state -this because I think it is important that the 164 names and signatures represent only a small area. I am glad to hear that the people that have a different tree are also petitioning tonight. If these trees are removed our City will lose quite a bit of beauty. Our City has lovely trees. We will lose this beauty for a good number of years unt'U'these:inew trees become large. We will still have problems. This is -understood by the Recreation & Park Commission and the Department because the new trees, like Mrs. Wallace stated, they have pro- blems also. So we are not really gaining a .lot, we will probably trade trees that are real problems for once. that are less problems but it will take a number of years before these trees are beautiful. I was in attendance at. the Commission meeting of March 28th. I asked the Director and the Committee the cost to maintain these trees and the cost to remove. They could not give me an adequate estimate as to what it is going to cost for removal of these 5000 trees and the cost for maintaining. I feel perhaps it will cost us more to maintain these trees but perhaps the overal cost is worth it in beauty. Thank you. Luci.lie Howard 433 No. Conlon I just want to tell you that my husband and I have lived here thirteen years come December. The first year we planted 8 silver maples. We have had maintenance once on our trees. My husband and I cut the trees, have them sprayed and take care of them. As far as -I know there are no roots above - 18 - C� C. 4/10/67 Page Nineteen RECREATION & PARK - Continued UNDESIRABLE STREET TREE REMOVAL PROGRAM - Continued the': . I feel I should tell you my story on these trees. I want to tell you why I bought 8 Silver Maples. When my father died there was only $50.00 _ so,with this • I felt what could I do with $50. so I told my husband I wanted to buy trees. We bought 8 Silver -Maples, one Magnolia , a lemon tree and a tangerine tree for our backyard, and it would just break my heart if they were taken down. Thank you. John Walker 327 No..Yaleton I was down researching the area in Covina today - you may be familiar, there was a tree situation down there in the area just this side of Citrus, -where:trees had not received the stature of our trees in the'Yaleton area, had been diagnosed diseased and had been removed and new trees put in. .I looked very carefully at the neighborhood and I noticed that the area - half of the street of Albertson still had the old trees and part of the street has the new trees which are of course, twigs. And I did notice a definite difference in the property values. Driving•down the street and looking objectively at the houses, I resol'ved:not, t.o.buy 'there if I were going to buy because I noticed a lack of comfort, of horrjOiness'to'the- -houses . As nice as the houses were they looked like boxes. I do appreciate my house extremely and just looking at this particular matter from an outsiders view- point, if I were going to sell my house and I saw that these trees were removed and little sprigs were replaced, I would have exactly the same opinion of a certain bareness -and drabness. .I would be extremely sad to see both my property value • and the esthetic beauty of the sense of the countryside with the lawn, the lack of a- sidewalk and the beautiful trees to be destroyed. Thank you. Beatrice Haefner 216'No. Yaleton I have very little to add to what has been said except to say that we, along with a couple of others in the room, are one of the first groups_ to move into this area. We moved here in 1951 and although the Ash trees at that time 'were twigs, like you propose to put in replacement now in place of these beautiful tall shade trees. You wouldn't understand. If you had seen those trees in 1951 and looked at them today - a gentleman from Covina drove by last week, a member of the Edison Company, and he said it was very reminiscent of his youth back East because it was just like driving down a shady lane and if you nurtured these trees since 1951 you would be very proud of that remark, just as I was. Also we live very close to the freeway, closer then any of these other people in this room and if you take down these trees it is going to be unbearable to live in that neighbor- hood along with the roar of the freeway and the smog that rolls off that freeway every night. I just can't picture our home without these trees. Thank you. Mrs Den 1309 So. -Sunkist I have lirved here 13 years. Mr. Nicholson, • who I believe originally was of our West Covina Board and Mr. Jack'Parker, planted the trees on Sunkist and around to Meeker. We live in a horseshoe area, our street deadends into Meeker, which deadends into Washburn. So those trees are approximately 20 years old. I was wondering if there could be a system whereby the -area that want to keep the trees, if the homeowners would be willing to stand a part of the cost of maintenance. .If this could be worked out in indivi- dual area. Again our homes would be nothing without the trees. -i 19 - C.. C. 4/10/67 Page Twenty RECREATION & PARK - Continued UNDESIRABLE STREET TREE _REMOVAL PROGRAM - Continued People take Sunday drives down our street to see the beautiful trees, they almost met in the center. There is no area around that even commences to look:as it does there. There just is nowhere in Covina or anywhere . around that looks like it does. The trees are long standing, there are other trees in the yards, but it is a beautiful street to drive down. .I am sure we would be willing to stand part of the cost if it could be worked out to keep up:::the maintenance on our trees. Thank you. Ernest M . Wells 1627 Howellt urst: Drive This afternoon is the first time'I heard of this action'being taken. I have lived at my present location for 12 years and we have 4 beautiful trees on our property and I think it would be a tremendous mistake to have these Irees removed if it was deemed necessary by the Recreation & Park Department. And, there is no doubt about it, according to the testimony -I have heard and known facts, that these people would suffer tremendous loss in the value of their -property if these trees were removed from in front of the homes. I think a more adequate survey should be taken by the City before this action takes place. Thank you. (Mayor Krieger declared a 10 minutes recess until 9: 30 p.m.) Councilman. Snyder: For my own information, there are some questions that need to be answered from the staff. It is true that we do have a report from the staff in October of ' 65 stating the -bad effects of the trees that we are talking about, but I am wondering if we could have a report, for instance relating to a City that has allowed this type of tree to grow much longer, the maintenance c,5st, etc. The maintenance cost we ,.are talking about is not really the tree maintenance cost but the curb breakage, sewerage stoppage that type of maintenance costs . It seems to me there must be a city someplace in the area that we could get some figures on. Also if we have any specific information as to the damage caused by these trees so far in West Covina. I think we should have this information before we can deliberate on anything. Mr. Gingrich, Recreation & Park -Director: I don't have a study prepared as far as the number of trees we have in the city that have created damage. I do have some pictures taken at random. I do know in one of the particular areas under discussion - Yaleton, Hollow and Foxdale - at four o'clock this afternoon .I took a drive over there and went through the area and about 95% of the trees, even though these are Ash trees and they are placed 6 to 8' back of the curb, there �Ue_rad al • cracksin the curb at the present time. The question as to how long it will take until that crack raises making a pocket in the street and the water will form in the gutter is anybody's guess. But, it is not too far away. It is not only one crack, in a number of streets it is two or three cracks in some instances. This is on all three of the streets in that area. So again it is not the maintenance cost of the tree or the replacement cost of the tree but it is the maintenance and replacement cost of the curbs, streets, etc. - 20 - C..C. 4/10/67 RECREATION & PARK - Continued Page Twenty-one UNDESIRABLE STREET -TREE REMOVAL PROGRAM - Continued Councilman. Snyder: Well, that answers one part of the question in regards to 0 whether there is curb damage. `Mr. Gingrich: I have some charts here that will show the priority area for the removal of trees in the proposed program, if it is adopted. (Charts displayed and Mr. Gingrich explained) Broken into 5 priority area and for all intents and purposes it would be approximately a - year on each of these phases. Priority Area would be the first one. The area most concerned about tonight, Foxdale, -Yaleton, Hollow - is in Priority Area No. 3. So this area is not considered the worst one by the- staff and it will probably be from 2 to 3 years away before those trees would be removed. Priority Area No. 2 - Spruce, Ituni . St..Malo - approximately at the end of the second year for removal. Mayor Krieger: Were these charts made available to the Commission? Mr. Gingrich: These charts were not. This was presented verbally to the Commission the other evening. Mayor Krieger: Was the information that is on the charts presented to the Commission? Mr. Gingrich: We had the Priority Area No. 1. I believe this w.a.s the • only area that had 5 or 6 representatives at the meeting representing the opponents to this at that particular time. Councilman Snyder: Mr. Gingrich, would you indicate to the Council, if we want to take a field trip, where we might most likely find curb damage? Mr. Gingrich: Three streets in Priority Area No. 3 - Hollow, Yaleton, and Foxdale, do haveradiLl curb damage at the present time. We have pictures with the addresses on the back, of much worse streets. I would say if you would go to Priority No. 1 and see the streets covered on this map - you would see the worst situation. Councilman Snyder: Thank you. . May I ask the staff - where trees are not planted by the City in the parkways - does a homeowner need a permit to plant a tree in a parkway? Mr. Gingrich: Yes. -According to the Ordinance anyone planting a tree in a parkway other, than the City, needs a written authorization from the Department to plant that tree. Councilman Snyder: Is this usually done? • Mr. Gingrich: It has never been done in the 9 years I have been here. Councilman Snyder: i Do people know this? City Manager, Mr. Aiassa: Well they know it but they probably disregard it. Mayor Krieger: Mr. Veronda as the -Chairman of the Recreation & Park Commission, are there any comments you care.to make on this matter? - 21 - C� C. 4/10/67 'RECREATION & PARK - Continued Page Twenty-two UNDESIRABLE .STREET TREE REMOVAL PROGRAM - Continued Don Veronda , Chairman .Recreation & Park Commission For the benefit of the Council and the people here, • I want to restate it was a most difficult position to recommend to council to remove trees that have -been growing for 10 -15 years, whereas on the other hand we are constantly advocating increasing funds to improve the looks of the -City. However, in October -of'65,we received a petition signed by approximately 35 people requesting that these undesirable trees be removed from their property, and I believe at that time, they even advocated they would donate $5. towards the purchase of the new tree. We have looked at this particular :problem from three aspects which all constitutes payment by the taxpayers throughout the City. #1: The unusually high maintenance cost to keep these trees up to a minimum standard. 420 'Potential damage that is created by these trees in terms of up- rooting the sidewalks, curbs, etc. , and this is paid for by the citizens of West Covina. `43: Should there ever be any liability this is to be paid for by the citizens of West Covina. So as our responsibility to Council, we had no alterna- tive but to recommend that these undesirable trees be removed. Now during 1966 we had 354 requests to remove trees of which 221 were maples by request. In 1967, January through March - by request 196 trees to be removed of which 137 are Silver -Maples. Councilman Snyder: What was the reason for the requests? • `-Mr. Gingrich: In most cases it comes from the property owner requesting removal because they don't like the leave droppage, or the sap drippage, or the aphids. I would say the sap drippage that comes from the Silver Maple is probably the number one reason for requests for removal. Our removal policy has been one strictly of removal by request, unless it is determined the tree is a hazard. Councilman Nichols: I voted some weeks ago to accept the recommendation of the Recreation & Park Com- mission to establish a removal program for the three particular trees in question. Like a few other things I have done in the three years�I have been on this council, I thinkI have probably acted in haste. .A lot of things brought to my attention since then, so I would like to reflect a little on the thinking generated since the time this was brought more forcibly to my attention. Perhaps the greatest problem we have in our City is to please the people that want something, please the people that don't want something, and keep everybody's taxes down. Now that is just almost impossible. Anytime any of 'us pick up the paper and read that property taxes are going up we scream to high heaven. I do - all of us do, so we have tried very diligently here in our community to keep the tax rate down.I want_.t.o reemphasize that to you here this evening that for the pas t;rggit_years this City has not increased by one penny its tax rate. We have a pay as you go government, we don't owe a • nickel's worth of bonded debt anywhere, we have a very .efficient operation. So naturally we are trying to operate our city efficiently and yet we are trying to meet the needs of our people. It seems to me, if a tree that is planted in a public parkway; -.a piece: of ground owned by the City of West Covina, if that tree because of the nature of the tree begins to damage public property, up- rooting a curb, destroying the street, no matter how beautiful it is and no matter how badly we feel, that I would have no alternative �ekycept to approve of the concept that that tree had to be removed. But the authorization that the - 22 C. C. 4/10/67 RECREATION & PARK - Continued Page Twenty-three UNDESIRABLE STREET TREE REMOVAL PROGRAM - continued council voted on sometime back -was for �a..more or less automatic removal program for those certain trees that fitted into this classification, and that is the area that my own ,thinking has changed somewhat. I think it is fine if someone called and said come and take this tree out, tha-t tree is on the list, we certainly would have no problem there. And it certainly would• be again in my thinking, that if a tree is definitely causing damage that it must be' removed; but now in retrospect I must confess I don't see any particular point or urgency to go into those areas in the community where those trees exist and take them out,- becau's-e they are admittedly a less desirable tree, providing l: that no damage -has occurred; 2: that the persons who live with that tree on that street doesn't think it is as undesirable as other people seem to think so. So for myself Mr. Mayor, I would feel that we should be a little more selective in our E -,ua1'u:e! . judgrn nts.' as to which tree should come outr.on a short term period rather than moving ahead on a blanket program and removing all of them. And perhaps, finally the conclusion that when a tree is definitely damaging curbs, side- walks or public property that the property owner be given the-option'nf paying for the cost of repairing- the damage, posting a bond to frr.sure the cost of repairing the damage to­pu"b'lic property, in turn for which the City could then allow that tree to remain. Trees ame beautiful things and I believe, if there is anything we can do to prolong the removal of trees that we should do so. Councilman Glec'kman: First of all I think the staff did a good job . Their obligation to the citizens of this community, is naturally to try and cut the cost of maintenance in every manner in which they can be of be-st service to the citizens of this community. I think the Recreation & Park Commission probably did the right thing in recommending the type of action to the City Council that they did. .` % as a.City Council have an obligation to -all the people in West Covina. Primarily, I don't think there is a man on the City Council that knows enough about trees to discuss it intelligently with anybody on the Recreation & Park. Commission or the staff, so naturally we have to go by their recommendation. On the other hand we have an obligation to the wishes of the people, i,n whose front yard or side yard, or parkways, or who live:on_, thane, particular streets; ,soCwe_.rea.l1y:have a two -fold matter here. I would go along with everything that Councilman Nichols said with a couple of additions. First of all we didn't instruct or give the proper instructions to our Recreation & Park Department, as to the wishes of this council because we did not know the wishes of the people. We did not even understand, I believe, the situation as a whole. I think after discussing it with many of the people and with the people tonight that are going to be affected,, I think that we ought to as a City Council instruct our Recreation & Park Department and Commission to take another look at these plans, and going along with what Councilman Nichols said, look at the critical situations. I think "that we shouldn't have to adopt a 5000 tree plan or a 5 year plan, but I think we have to treat these as blocks or individual circumstances and I think we have enough public relations between our Park Depart- ment and the citizens of the community, that where there is a problem they can sit down with the homeowners in these areas .If we are talking about a 5 year program there Would be no problem with it being a 7 year program, 10 year program or 15 year program, if it accomplished inthe same`_ _.:-And;.. . I don't feel that it is the money saving aspect strictly that we should look at. I agree with most of the people here this evening, . I think it does have a great value to our community and I think it should be taken into consideration. But at the same::time we also have to take into consideration the damages that may be.done if we don't start to take some action to curb some of the bad situations. And I think the instruction from this council'in,_conclusirfnlsho-drd be that we are of the opinion that where it is necessary that our Recreation & Park - 23 - C. C. 4/10/67 'RECREATION & -PARK - Continued Page Twenty-four UNDESIRABLE STREET TREE REMOVAL PROGRAM - Continued 'Department sit with the individual people in the area, by area and discuss the -situation, -and together ' I think, not only can they come to some conclusions but in some cases where°the people in that area and our Recreation & Park Department cannot see eye to eye they still have this council to come before and state their case. I think it should be reevaluated. Councilman Snyder- I can see some problem to this approach. _If you are waiting until damage occurs - what is the cost of replacing curbs and gutters at the present time per foot, Mr. Aiassa? Mn..Aiassa,. City Manager: Roughly, I believe, around $2.50 to $3.00 per foot. Not including black topping. -We have another serious problem that I think these people should realize. We saved..the Palm trees and have planted trees in commercial areas and as -a matter of fact',Mr. Gingrich has in the last eight years planted trees throughout the City. The thing we are faced with and which I think they should realize, is as one lady mentioned, 'the root of the tree had extended itself up and they covered it with dirt. Councilman Snyder: I think. the problem really boils down to this. We have a staff report that says the trees do damage, and the maintenance cost we are talking about 'is` -not the tree -maintenance 'cost, but the cost to repair damage to the streets, curbs, sidewalks .and. --gutters. So we havea problem of deciding to keep the trees but have crummy curbs and gutters or take the trees down and have good curbs and gutters'. It is that simple. I -am not convinord tonight to say that these trees do this much damage to ,curbs and gutters and I would like time to ,see -some of the damage. If the damage is in effect as, large as has been indicated, then I think that the recommendation of the Recreation & Park -Commission should be accepted. However, if it is a borderline :area then possibly there is another route we can follow. :In saying that you are going to wait until damage -occurs what baseline are you going -to give the staff to say? You got to draw up a set of standards. .Well obviously they will have to come in with recommendations, I am not prepared to vote on this tonight until I look at some of the actual damage that has occurred in this City and other cities. Mayor Krieger: I like to see these issues come along because it makes us earn .our money. But with due deference to the people that come before us tonight pleading the -special cause of their trees and their streets, I. still have failed to hear basically any evidence contrary to what this council received as a basis for making its determination .in the first instance. There isn't one member of the Recreation & Park Commission .or the staff that doesn't deal with this problem not just on a Monday night, but on a day to day basis and I can't conceive what the motivation would be for any member of the Commission .or any member of the staff to come in with a recommendation to destroy the beauty of this '*City.'. What possible motivation would they have to direct them along that line. I have heard some -comments tonight by'a number of people that have appeared before this council suggesting that this is a program they knew nothing. about, and that this comes as a surprise to them and almost smacking of a devious plot toy&dhude their street of these trees. This has been before this Council for some period of time, starting in .October of 19 65. In May of 1966 a letter went out to every citizen in this community and if any of the people that are here tonight -lived in this community in May of 1966 they received one. .It asked you to serve on .Citizens Blue Ribbon Committees and one of the Citizens Blue Ribbon Committees that was formed happened to be Civic Beautification and we have their report before us. This was a committee that was made up of twenty-six people - 24 - C.. C. 4/10/67 RECREATION & PARK - Continued Page Twenty-five UNDESIRABLE STREET TREE REMOVAL PROGRAM - Continued not affiliated with the City Government, in other words they were not councilmen, -they were not Recreation & Park Commissioners, they were just people like the people •here tonight who did volunteer to study these programs and projects and this was one of the programs they studied. Twenty-six of them, and .Mr. Justi by the way was one of,them, whose name was mentioned tonight, was a member of this Committee, and this Committee's unanimous recommendation to the council was that the existing five year -plan -for replacement of undesirable trees with city approved trees should be -accelerated. We extend the invitation to come forward to study these programs and -projects with us, to help formulate the programs and projects of ::this:_community, and that is -what these volunteers do - just that. They sat down with the Recreation & Park Commission and the Recreation & Park Department and studied this particular matter. This is a program and a project that it would be very easy for this City Council to pass the buck on to future City Council's and say "now you deal with -itfellows" either because there was no problem or it was too hot of a problem to handle when we sat there. But, if in fact, the Recreation & Park. Commission and -the staff is selling us a bill of goods in these reports, then we better call the tune on this thing and say "do you fellows know what you are talking about or -don't you know what you are talking about". Nobody has suggested to me that the se people don't know what they are talking about, that they did not go into this'thirjg with -great objectivity and with a desire to serve the entire community. I can't believe that there is any other motivation in their report but to do the best job that they are capable of doing. ` O%r past experience with this Commission has been that they do a Jine': job, at great sacrifice to their own time and with a great deal of ability -applied to the tasks we ask them to serve. This is what we have Boards and . Commissions for, this doesn't mean that this -City Council has to be,a rubber stamp or has -it -ever , from my past experiences, been a rubber stamp for these Commissions and Boards. Unless people can come before this council and show us or -if I have to speak for myself, unless these people can come before this Council and show me that either these people do not know what they are talkingabout, that their facts are wrong, that basically there is something wrong with their recommenda- tion, then I think this Council owes it to these men and women who serve on these Boards and Commissions and those that serve on these citizens committees, to pay some deference to their opinions and recommendations. I can't believe that these people have in mind a wholesale denuding of this community. The figure of 5000 trees has been used. Does anybody know how many -street; tre:e:s,�;we:.have: in the...Community? Mr. Gingrich: In excess of 30, 000 trees. Mayor Krieger: Gentlemen, I am going to act on the recommendations of our Commissions and Boards unless somebody comes before us -and tells us why they are wrong. Councilman Snyder: I agree with you in total and I have no question regarding the ability of our Recreation & Park Depart- ment or our Commission, . I merely want to see this damage, if in fact it does exist, I don't see that we have any middle ground. I can •see it to be very complicated to remove it on a select basis, where people might pay for the curb or gutter damage, I just dontt'think that is a practical application. Obviously we are not going to get a vote here tonight, so in the meantime I would like an opportunity to look at these areas and my tendency is to'lean toward the recommendation of the Recreation .& Park Commission providing the evidence _' substantiates it. Councilman Gleckman: I would like to take it a step further, Mr. Mayor. -2;5- " C. C. 4/10/67 RECREATION & PARK - Continued Page Twenty -Six 'UNDESIRABLE STREET TREE REMOVAL PROGRAM - Continued You are referring to the reports we received and to the recommendations -we received by -the Commissions and Citizens Committee as they know- alltthe:.,fac:ts.;'.etc .,... , • _and therefore we should abide by the facts. Well I not only disagree with you but I disagree with them and I will right now go on record as stating that you can't tell me -there ,are 5000 trees -in this City that are diseased and uprooting our streets and curbs -and-gutters and in every single instance that this committee is right. Because -I know for a fact, after discussing this problem for months now with the Recreation & Parks Department, a lot of i basically is conformity to certain areas . If there are -. 15 out of 40 trees in 5 # that are diseased they want to take out those 40 trees and put -in conformity so they have -everything right so that in 10 - 15 years from now then you will have exactly what you have today but we hope with a healthy tree. I just don't' -think that when we have a problem of this magnitude and we have citizens come -down here and talk about theAesthetic value of their streets and home that we can turn around and say "we are not concerned with that but we are concerned with the streets, curbs and gutters and the reports that we have received, and therefore we are going -. "by that and not with you". .I disagree with that and that is not why we are here. Councilman Snyder: I want to correct one statement you made. Nobody said in the staff report or anyplace else that there were 5000 diseased trees but that there were 5000 trees potentially causing trouble and now is the time to take care of them. .I want to correct that misconception. What I have to determine in my own mind is whether the trouble they are causing - again whether we want crummy gutters and trees or good gutters and different types of trees. Councilman Gleckman: The only comment I would like to get across to this Council was the point I was trying to make for a more thorough report for the actual recommendation that has been made, because I don't think this council has taken the time to look at the magnitude of this problem other than to read a report, and has not sat down and discussed this to see what is the best area to,which we would like to direct our Recreation & Parke Department to proceed. That is the only point I was making. Maybe they are right. I doubt it, but maybe they are. The only thing I am talking about is a method on -which to proceed. Councilman Snyder: We did take the time. We acted on this report in 1965 in October, and it has been up before us at other times, so I take exception to that statement. Councilman Nichols: I don't take exception to anybody's statements. I want to make that clear. I think the only thing I want to convey is that this morning I received a telephone call from a lady that lives up there on one of the streets, so I left my place of employment and drove up there . .I think it was Foxdale I drove on, and I hove driven over that street many times in the last fifteen years and never paid any particular attention to the trees before. They are beautiful and it is a beautiful lane. And what you notice on that street are the trees. It looks like an arbor you are driving through. .I just couldn't help but say if there is any reasonable thing that can be done to preserve the beauty of that area it should be done. . I don..'l want to be put in the position of impuning the Recreation & Park Department, or our Commissions, or anyone that has worked on the Committee, but they are human too and I think it is possible that there might be some other alternatives that have not been fully explored. I just feel that we should not rush into this program, other than those trees that are immediately and directly causing damage to public property. I would be confident that there would be a difference - 26 - C. C. 4'/10/67 'RECREATION & PARK continued Page Twenty-seven ".UNDESIRABLE STREET TREE REMOVAL PROGRAM - Continued of -opinion on the council if there was any vote called for relative to the implementa- tion of the recommendation or reinforcement of the recommendation. .I would like to • try a motion on for size. .."'M-otion by Councilman Nichols, seconded by Councilman Snyder, that this matter be held over to the first regular meeting in .May and that in the interim the City Manager ---be -directed to provide a field trip for interested councilmen to view the areas of damage; the staff be asked to give some additional consideration to the -areas of problems; and -that in the presence of a full council on .May 8, that this matter come back before this Council. Mayor Krieger: Mr..Williams, a question as to the procedure to be followed on such a field trip, if the motion should pass. Will you pleas elucidate on the procedure? Mr. Williams,. City Attorney: No problem so far as the trip is concerned., so long as you do not violate the Brown Act, which means that during the trip or the time you•are together you do not attempt to reach any conclusions, you merely observe and receive facts, but you may not deliberate or reach a conclusion. Mayor Krieger: In discussing the motion, I would like to make a commentf that I will vote for the motion for the sake of giving anyone any opportunity for developing any facts or •evidence on this particular matter. .As far as the esthetics concerned, it speaks for itself every day in driving through the community, but there are various methods we have to go through to preserve it. Councilman. Snyder: I don't think it is necessary that we go en masse on a field trip, we can go individually. .We can use the map. Mayor Krieger: There being no further discussion on this motion, all those being in favor, please so indicate., All councilmen present were in favor. Absent: . Councilman. Gillum. ORAL COMMUNICATIONS None. WRITTEN COMMUNICATIONS LE.T.TERFROM CHAMBER OF COMMERCE REGARDING SALE OF ECONOMIC BASE ANALYSIS. Motion by Councilman. Gleckman, seconded by Mayor Krieger, that . the letter regarding sales of Economic Base Analysis be received and filed. Councilman Nichols: The Chamber is making a request of the council, is it the intention of your motion. Councilman Gleckman, to postpone any consideration of that request? Councilman Gleckman: I am sorry. I will retract my motion if the second will allow me to. Mayor Krieger: Yes, I will withdraw. - 27 - C..C. 4/10/67 WRITTEN COMMUNICATIONS - continued Page .Twenty-ei ght Councilman Nichols: When this matter was discussed before I believe there was considerable difference of opinion,about 4 to 1, as I recall. I voted to make it available for $5.00 •to anyone that wanted to buy a copy and now that the Chamber has adopted my 'Position, I would move that the council direct the staff to reduce the price on the available copies of the report from. $25.00 a copy to $5.50. Councilman Gleckman seconded the motion. Councilman Gleckman: I would like to ask a question. How many copies do we have? Mr. Aiassa, City Manager: It appears that we have approximately 50 copies - - (read distribution list) As of April we have approxi- mately 45 copies left. We sold 8 at. $25. 00. You paid. $17; 000 and I believe if anybody needs this report it is worth $25 . 00 to them. If you sell at $5.50 per copy it won't cover the printing cost. Councilman Nichols: Let's raise the price to $500. apiece and get the whole $17, 000 back. Councilman Gleckman: I understand the Chamber's concern and they have just cause for that. Once again d would discuss with this council then what we would feel is an equitable price we can charge. I would put a price on it and limit it to the forty copies and then if there are any additional that we bring it back up to the $25.00 price. Councilman Snyder: Personally, I agree if this report is worth anything to anybody that $ 25.00 is not too much money. - I really don't see any point in lowering the price to $5.00 or $15.00, because no one buys it to read it, they buy it for a purpose. I se-e no advantage in changing the price. So we sell one more at $25.00, we would have to sell 4-fsvd_at $5.00 to make the same amount of money. Mayor Krieger: I don't know, perhaps we are going from the sublime to the ridiculous on this whole thing. We really weren't interested in that factor. .I don't see why it is a more effective sales tool at_$5.00 then it is an effective development sales tool at $25.00. I think we established our policy and in fairness to the people that paid $25.00, we ought to continue to charge $25.00 for it, and if anybody is going to be dissuaded from bringing in a major high end retailer because the report is $25.00, which is the major thrust of the report, then he doesn't have very much enthusiasm for the program. Gentlemen, is there any further discussion on the motion. Motion failed on roll call vote as follows: AYES: None • NOES. Councilmen Snyder, Gleckman and Mayor Krieger. ABSTAIN: Councilman: Nichols ABSENT: Councilman Gillum Motion by, Councilman Gleckman that the letter be received and filed, seconded by Mayor Krieger, and carried. LETTER FROM MR.. BONELLI REGARDING REGIONAL LIBRARY PARKING Mayor Krieger: I have a suggestion for the council and that would be to permit the City Manager to set up a meeting - 28 - C. Co 4/10/67 Page Twenty -Nine WRITTEN COMMUNICATIONS - Continued between the City Administrator of the -City of Claremont, and the .Mayor of Claremont, "`Mr.' Aiassa and myself, and perhaps�if we discuss this in person with the representa- tives of the City of Claremont, that we can allay some of their fears about this pro- gram and at the same time satisfy the supervisor from this district that no problem is being created in this area. Councilman Nichols moved that such authorization be granted; seconded by Council- man ,Gleckman, and carried. "`lvlayor Krieger: Mr. Aiassa, as soon as possible will your office please advise Mr. Bonelli°s office that this is the procedure we are following. CITY ATTORNEY ORDINANCE INTRODUCTION AMENDING SECTION 7410 OF THE MUNICIPAL APPROVED CODE REGARDING THE MAINTENANCE OF SHRUBS AND PLANTS -IN PARKWAYS Mr. Williams , City, Attorney: This ordinance is to correct an error which I made. This is just changing one 'section pf the Ordinance on shrubs and plants in parkways adjacent to yards and it changed it back to the way the council wanted it. • It changed the previous section, as there was some discussion with.Councilman Nichols on it, I had written it on one of the old forms so my secretary simply copied it. This is the way you wanted it. The City Attorney. presented: "A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 7.410 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE MAINTENANCE OF SHRUBS AND PLANTS IN PARKWAYS. " Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the Ordinance be introduced. ORDINANCE NO. 993 The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO • REZONE CERTAIN PREMISES. ZONE CHANGE NO. 374 - BARHITE . " Motion by Councilman. Gleckman, seconded by. Councilman Snyder, and carried, to waive further reading of the body of the .ordinance. Motion by Councilman Gleckman, seconded by Councilman Snyder, that the Ordinance No. 993 be adopted. Motion carried on roll call as follows: AYES: Councilmen Nichols, : Snyder, Gleckman and Mayor Krieger. NOES: None ABSENT: Councilman Gillum - 29 - C..C. 4/10/67 Page Thirty CITY MANAGER BEAUTIFICATION COMMITTEE RECOMMENDATIONS STAFF ANALYSIS Mayor Krieger: Gentlemen, I understand the Recreation & Parks • Commission has not had the opportunity to sit down With the staff's report and recommendations of the Citizen's Committee. Does the council want to give that opportunity to the Commission to do so? "Motion by Councilman Gleckman, seconded by Councilman 1 Snyder, and carried, that this matter be referred to the Recreation & Parks Commission for their recommendation; their report returnable to Council on May 8th. SISTER CITY QUARTERLY REPORT "Motion by Councilman Gleckman, seconded by MayorKrieger, and carried, that the quarterly report from Sister City be received and filed. TRAFFIC COMMITTEE MINUTES APPROVAL March 29, 1967. HELD -OVER Mayor Kreger: The report is quite long and very much involved. I discussed with the City Manager perhaps holding their recommendations to an adjourned r.�g.ular_:me'eti g of the City Council. . There are a number of recommendations here that this council • might want to explore at some length. Motion, by -Councilman: Nichols, and seconded by Councilman .Gleckman, and carried , that"the approval of the Traffic Committee Minutes of March 29, 1967, be held over to an adjourned council meeting on the date of April 17, 1967, at 7: 30 p.m. REVIEW BOARD�JAINUTES APPROVED a) March 27, 1967. Mayor Krieger: The Minutes of March 27th took up the West Covina Church of Christ request. I was a little bit interested in the opinion of the City Attorney on the subject of variances as it applied to a present Precise Plan when it was granted back in 1953, as a variance... Can you elaborate on this Mr. Williams? Mr. Williams, City Attorney: It was discussed with me but I don't recall the de- tails at the present time, Mr. Mayor. (Mayor Krieger read excerpts of the Review Board minutes pertaining to this variance.) Mr. Willams, City Attorney: Yes, the variance is still good, because the code when • adopted contained an express provision in it. It is in there now, that any variance heretofore granted whether it is by 'ordinance or resolution is continued in effect the same as granted under this code. Motion by, Councilman Snyder, seconded by Councilman Gleckman, and carried that the Review Board Minutes of March 27, 1967, be received and filed. - 30 - C.. C. 4/10/67 Page Thirty-one CITY MANAGER - Continued b) March.31, 1967 REVIEW BOARD MINUTES • HELD OVER Councilman Gleckman: I have a question. I discussed it with the'Planning Director earlier and on condition Number 6, stripe parking stalls with wheel stops or posts. I am just curious, it seems to me that stops or posts on any of the parking -lots that we have in the city -have been nothing but a problem, not only to the driver but to the 'pedestrians. The only purpose it actually would serve is so that cars cannot cut across a parking lot. I am wondering if a condition of this type on a large parking parcel - - do we have this on Francisquito and Sunset at Big T? (Mr. Aiassa advised that was built prior to this condition) . I realize that but I have been in there many times and I have a reason - I have been in there many times and I don't know of any problem that they have because their striping is proper and the people use the proper lane, where you don't have proper striping such as in the: Plaza you do have a problem. .Yet all the wheel stops they have in there are busted and broken and I know several people that have tripped over them, and then when .I look at the posts the Broadway has in their parking lot. I am just curious as to why we•insist on something like this that would cause, .::I, undefs.tand; :a: developer or all developers a problem of getting insurance. I would think that the stops or posts are something we have to improve upon or cpme up with some better idea. . I think they are terrible. May.or Krieger: I would like to interject something to this discussion. • We changed the procedure so that this matter vested with the Review Board on a Precise -Plan outside of the Civic Center and not connected with .zoning, but when we start talking about a Precise Plan for six and a half acres, as critical and crucial as this area is and as -important as this development is to the City as a whole, I am wondering if the Council wouldn't be wise to call this matter up before the Council and take a good and thorough look at it and make sure that we really understand every facet of it. This is really the type of Precise Plan that we want to approve. It bothers me when we are talking about development of this size, and let it go by the Board merely on some minutes. Councilman Nichols: Why not hold them over? Mayor Krieger: I am not suggesting we hold over but that we call this matter up. Councilman Nichols: I am thinking in terms of the discussion period, a week's delay won't make any difference and at that time if a member or the feeling of the majority is that we would like to follow it up we can then do so. .Also Councilman Gillum isn't here and it is a very important issue. Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, • that the Review Board Minutes of March 31, 1967, be held over until the adjourned meeting of April 17, 1967. LETTER TO COVINA RE. HOLT AVENUE INTERCHANGE FREEWAY AGREEMENT HELD OVER Councilman Gleckman: I can't understand why we just don't go along with the City of Covina and let them hold up any signing of any freeway agreement until as long as they are willing to wait for us. - 31 - • • C. C. 4/10/67 CITY .MANAGER - Continued Page Thirty-two Mayor Krieger: I agree wholeheartedly. I don't see where it is to our advantage to have a unilateral freeway agreement until we have a freeway agreement we are ready for. Councilman Gleckman: Not only that, here they are offering to do this for us and I think the least we can do is "thank them very much and say we appreciate it. " Mr. Aiassa,; City Manager: Can we have a motion for a letter so stating signed by the Mayor? Motion by Councilman Gleckman, seconded by Mayor Krieger, that a letter by the Mayor be sent to the City Council and staff of the City of Covina, thanking them for their position and stating at some future date we will be glad to discuss the matter with them. The proper wordage I will leave to the'Mayor. The point is we agree in their doing nothing about: -the, s giiing;bf:'an ,�ZigrQemQTIi . with the State until we are ready. Councilman Snyder: In the first place there is no conflict of interest between their agreement and ours, and I don't really see what we accomplish by agreeing with them in not signing a freeway agreement, except to further needle the Highway Department. I would rather go along with the recommendation as proposed by the Public Service Director. We have no objection to their freeway agreement, it doesn't affect us, so why should we agree. Councilman Gleckman: The next time we want their help Doctor, they will tell us - well you didn't want it before so you don't have to take it now - well then you can tell this Council why they gave us that answer. Councilman: Snyder: Well we are not for or against them. We just have no objection .... Mayor Krieger: The report says that the staff in Covina is not intend- ing to present it to its' council until the City of West Covina concurs in the terms and conditions. . Now, they are only talking about one quadraant-of`four .quadrants:-aCHolt.. I simply believe that as long as a sister city is willing to extend us this camaraderie in a situation such as this, it is not going to affect the program as far ass the'State is concerned and on the other hand it does show that the two cities stand together on the matter of the freeway. Councilman Snyder: I don't know what we stand together on - wie are just needling the Highway Department. I don't see how this helps us a bit. Mayor Krieger: Can you suggest how it hurts us? Councilman .Snyder: Yes, it needles the highway department and makes it harder for us to negotiate and damages any possible cooperation we may have built up. Mayor Krieger: If I remember correctly, I was the one delegated by the Council to negotiate with that Division of High - Ways and if I felt that in anyway it would under- mine. anything I certainly would not come out in support of it. - 32 - C. C. 4/10/67 Page Thirty-three CITY MANAGER - Continued Motion failed on roll call vote as follows: AYES: Councilmen Gleckman, Mayor Krieger NOES: Councilmen Snyder and Nichols ABSENT: Councilman Gillum ;Motion by Councilman Snyder, seconded by Councilman Nichols, that the recommenda- tion of"Mr: Fast, Public Service Director, be adopted and that the council authorize a letter be prepared to the City of Covina to be signed by the Mayor indicating that the City of West Covina has no objection to the City of. Covina executing a! -Freeway Agree- ment pertaining to the Holt Avenue interchange. Motion failed on roll call vote as follows: AYES: Councilmen .Nichols and Snyder NOES: Councilman Gleckman, Mayor Krieger ABSENT: Councilman Gillum Motion by Councilman Snyder, seconded by. Councilman Gleckman, and carried that this matter be held over':until the: adjourned meeting of April :17th . EFFECT ON LOCAL JURISDICTIONS OF A CERTAIN PROVISION CONTAINED IN THE FEDERAL HIGHWAY BEAUTIFICATION ACT OF 1965. • Mayor Krieger: The recommendation is that it be referred to the staff. Motion by Councilman Gleckman, seconded by Mayor Krieger, and carried, that this matter be --referred to the staff. ITEMS FOR INFORMATION AND/OR ACTION BARRANCA AVENUE IMPROVEMENT REQUEST BY EAST HILLS HOMEOWNERS' ASSOCIATION Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council reaffirm its intentions to perform this work as authorized and that the Mayor be authorized to notify the'East Hills Homeowners' Association that the city is making every effort to proceed with this improvement at the earliest possible time. Councilman. Nichols: In that the "as authorized above" requires the implementation again of the 1911 Act procedure, and in that this street is another of the major thru arteries in the City, I again must go on record opposing the use of the 1911 Act procedure in this instance. Therefore, I will have to vote -No on the motion. Motion carried on roll call vote as follows: •AYES: Councilmen Snyder, Gleckman and Mayor Krieger NOES: Councilman Nichols ABSENT: : Councilman. Gillum -33- C. C. 4/10/67 Page Thirty -Four LARK ELLEN IMPROVEMENT RIGHT-OF-WAY ACQUISITION HELD OVER Mr. Aiassa, City Manager, advised the Council that he had the report but did not want to make it available, .... the approximate Right -Of -Way -is -seventy some hundred dollars. The report is ready for Council review anytime they would like to review it. Motion by Councilman Nichols, seconded by. Councilman Snyder, and carried, that this item be carried over to the agenda of the April 17th adjourned meeting. Mayor Krieger: I think the City Manager would like to encourage the Council to review the appraisal report between now and the April 17th adjourned meeting. APPROVAL OF REVISED SELECT SYSTEM BY CALIFORNIA HIGHWAY. COMMISSION Motion by Councilman Gleckman, seconded by. Snyder, and carried that this item be received and filed. INFORMAL REPORT ON EMPLOYEE REACTION TO DR..MISNER ORIENTATION Mr. Aiassa, City Manager, advised the Council that this is a preliminary report and there will be an additional one regarding the comments of employees which has not yet been finalized, Councilman Gleckman: Okay. That is the one we requested. Motion by Councilman Snyder, seconded by. Councilman Gleckman, and carried, that this preliminary report be received and filed. SUBURBAN - WEST COVINA/WALNUT PUC HEARINGS Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the report be received and filed. BADILLO STREET IMPROVEMENT Motion by. Councilman Gleckman, seconded by Councilman Snyder, and carried that the informational status report be received and filed. Mayor. Krieger advised City Manager, Mr. Aiassa, that he could remove'Item 4 as • it had been handled earlier in the evening. FIRE DEPARTMENT 5 YEAR IMPROVEMENT PROGRAM Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that the Fire Department 5 Year Improvement Program be received and filed. - 34 - C. C. 4/10/67 Page Thirty-five ITEMS FOR'INFORMATION AND/OR ACTION - Continued DATA BANK 'Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that • the `quarterly report on Data Bank be received and filed. Mr. Aiassa,: City Manager: We do have a Summary Report of what is to be accomplished with the $ 300. by the other cities in the'Valley; the'Mayor has a copy and I have one more copy, if any of the councilmen are interested,.I will be happy to circulate it. Mayor Krieger: PERSONNEL BOARD REQUEST STUDY SESSION I think it ought to be circulated amongst the Council. Mayor Krieger: Inasmuch, as they are talking about it being not prior to 30 days, perhaps it would be more appropriate if the Personnel Board indicated to the council when they want the Study. Session. Motion by Councilman -Nichols, seconded by Councilman Gleckman, .and carried, that the council direct the City Manager to determine in liaison with the council members individually and the Personnel Board the date suitable for such a meeting. REVISION OF PUBLIC AUTHORITY MEETING SCHEDULE Mayor Krieger: You have a staff report on this dated April 19th. .I gather it is just informational. 'Motion by Councilman Nichols, seconded by ,Ma-i�,or','Kr, eiger, and carried, that this report be received and filed. WILLIAMS, COOK & MOCINE STATEMENT - MARCH, 1967 Motion by Councilman Snyder, seconded by Councilman Nichols, that the`March, 1967, statement in the amount of $832.50 from Williams, Cook & Mocine, be accepted and filed, and that payment be authorized in the amount of $832.50. Motion carried on roll call as follows: AYES: Councilmen Nichols, Snyder, Gleckman and Mayor Krieger NOES: None • ABSENT. Councilman Gillum. EXPIRING COMMISSION TERMS Mayor Krieger: This is a reminder of the Expiring Commission Terms to._: call to your attention: Planning Commission - Mr..McCann's term expires June 30, 1967; Recreation & Park. Commission - Mr.. Johnson's term expires June 30, 1967; Personnel Board - Mr. Young's term expires June 30, 1967; and all terms of the'Human Relations Commission expire as of June 30, 1967; and it - 35 - C. C. 4/10/67 Page Thirty -Six ITEMS FOR INFORMATION AND/OR ACTION - Continued will be appropriate for the council sometime between now and the expiration of those terms to consider these appointments. •Motion by. Councilman Snyder, seconded by Councilman Gleckman, and carried, that this matter of expiring commission terms be brought up on April 17th to set dates for discussion. CITY CLERK ALCOHOLIC BEVERAGE. CONTROL NOTICE OF WITHDRAWAL OF APPLICATION OF JACKSON L, .McDANIEL 551 East Vine Avenue Motion -by Councilman Gleckman,' seconded by Mayor Krieger, and carried, that the application withdrawal.-d"ated'March '2`1 .-.-1967, of-Jackso'n L. McDaniel, be received and filed. ABC APPLICATION .,F.OR ON -SALE BEER LICENSE Hazel L..Smith The Crest 1232 West Francisquito Avenue NO PROTEST Motion by, Councilman Gleckman, seconded by Councilman Snyder, and carried, that . the above application for On-SaleBeer License by Hazel L. , Smith, not be. protested. CITY TREASURER None. MAYOR'S REPORTS LA PUENTE .ROAD NAME CHANGE Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that the council is favorable to the communication from Mayor Hale of the City of :Walnut.,_ , and that a communication be sent advising that the City of West Covina would be favorably disposed to a consideration of a possible change of name of LaPuente Road . CAREER GUIDANCE CENTER WEEK Mayor Krieger: If there are no objections, I will proclaim the week of April 10 to 16, 1967, as Career Guidance Center Week. • (No objections voiced) So proclaimed. HARVEY JOHNSON TESTIMONIAL DINNER Mayor Krieger: There is a request for a.tresoluti-on.by.the-.Cityy Council. to be presented to Assemblyman Johnson. I discussed this - 36 - C. C. 4/10/67 MAYOR'S REPORTS Page Thirty -Seven to determine whether or not there has been any precedent on this and none has been call- -ed to my attention, and I am wondering whether or not this is the desirable way to handle • these things . Councilman- Snyder: We gave a resolution to Nixon once, but not anybodyAthis (E EL, I think, as a matter of precedent, we should avoid resolutions to parties in partisan office. • Councilman .Nichols: My feeling in all sincerity _ would apply equally to any elected official, only a very exceptional circumstance would encourage me to pass a resolution. However, I think the council should respond with some sort of communication, or letter f rom the council in the sentiments that are being sought. I would not go on record as approving a resolution, but I would approve a communication of some sort. Mayor Krieger: A letter over the=Mayor's signature? Councilman Nichols: Yes. Councilman Snyder: I would go along with that. "Motion by Councilman Nichols, seconded by. Councilman Snyder, and carried, that a letter signed by the Mayor expressing the council's sentiments be sent to Assemblyman Harvey Johnson. STATE DIVISION OF HIGHWAYS "Mayor Krieger: I would like to comment briefly to the council on the fact that I have heard from Mr. Hoy, which was subse- quent to a four and a half hour meeting that took place -at the State'Division of Highways in the month of March. Mr. Aissa, Mr. Fast, Mr. Hoy, Mr. Schaefer, Mr. Bartell , and one other gentleman from the State Division of Highways participated. Mr. Hoy called me last week and advised me that his staff was still engaged in the program of feasibility studies and designs for south Vincent Avenue, and for the widening of the four underpasses that have been requested by this -City, and that the State is restudying this matter of south Vincent and the four underpasses and that we could expect, hopefully, the State's feasibility study and the design proposals for these items in May. -So this is the current status of those negotiations with the State. WARRANT SHEET Motion by Councilman Snyder, seconded by Councilman Nichols, and carried, that the Mayor act as an -alternate in the absence of Councilman Gillum, to sign the warrant sheet. • COUNCIL COMMITTEE REPORTS Councilman Gleckman: I have a couple of things I want to bring up. First of all, regarding our Beautification. Committee - has there been any plans or any thought about what we are going to do about our City Yard? Build a wall around it, or a fence, or something. We talk about sore eyes .... Mr. Aiassa, City Manager: We are going to move it. - 37 - C. C.. 4/10/67 Page Thirty-eight COUNCIL COMMITTEE REPORTS - Continued Councilman Gleckman: You are going to move it - maybe ten years from now. Anyway I would like to bring it up and let the staff kick it around. .We ask to beautify the City and that sticks out very badly. •Another question of the -Planning Department. Do we have anything in our ordinance where there is an eating establishment, a place where you go in and sit down and eat, that they`are-ncYt; required to have Rest Rooms that are open to the public. And if not, why not? ""Mr: 'Menard, Planning Director: of State -Law. I don't think it is contained within the Zoning. Ordinance, but I will defer to Mr. Williams. But I am quite sure it is part Mr. Williams,. City Attorney: It would not be in the Zoning Ordinance. It would be in the Health Code, and it is probably pre-empted by the State which regulates these rulings. I do not know what the ruling is. Councilman .Gleckman: If you get a chance, Mr. Williams,. sometime in the future will you let me know. I am talking about any eating establishments that you go in .and sit down to eat. .One of the constituents called me 'and I said I would bring it up at the next meeting. They went into one of our eating establishments and the only Rest Room they had was for the help only. I would .like to know on their Precise -Plan .if they have to signify if these are public rest rooms or private rest rooms or anything. • The joint meeting that the Personnel Board is requesting - - I think the reason they put any type of urgency, if they have on it, is because there 'are -some items that- have been presented to them that we are going to have to talk about prior to getting the budget from the City Manager, so you might keep that in mind. DEMANDS Motion by Councilman Gleckman, seconded by Councilman -Snyder, that council approve'Demands totalling $275, 640.42, as listed on Demands' Sheet C538 through C540 and Payroi 1 Demand Sheets. Motion carried on roll call as follows: AYES: Councilmen Nichols,: Snyder, Gleckman, Mayor Krieger. NOES: None ABSENT: Councilman Gillum There being no further business, motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that this meeting be adjourned at 11 p.m., until April 17, 1967, at 7: 30 p.m. APPROVED '7/�j �7 Mayor ATTEST: City Clerk