Loading...
05-08-1967 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA May 8,.1967, The regular meeting of the City Council of the City of West Covina was called to order by Mayor Krieger at 7:35 o'clock P.M., in the West Covina City Hall. Councilman Gillum led the Pledge of Allegiance. The invocation was given by the Reverend W. H. Tensmeyer of the Immanuel First Lutheran Church. ROLL CALL Present: Mayor Krieger, Councilmen Gillum, Nichols, Gleckman, Snyder. Others Present:_ George Aiassa, City Manager H. R. Fast, Public Service Director Richard Terzian, Assistant City Attorney Owen Menard, Planning Director George Zimmerman, Ass't. City Engineer Robert Gingrich, Recrdation and Park Director Lela Preston, Deputy City Clerk Donald Russell, Administrative Assistant Al Maggiore, Park & Tree Foreman Larry McClay, Park Supervisor APPROVAL OF MINUTES April 17, 1967 m Approved as submitted as follows: Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried that the minutes of April 17, 1967, be approved as submitted. April 24, 1967 - Approved as corrected as follows: Councilman Nichols: On Page 9, the large paragraph in the center of the page, 6 lines from the bottom of the paragraph it says "someone fronts on a street that is a major highway that street is there more so for access to his home, or less so than it is a route of travel for many people". I don't understand that and I don't think I said it. I would appreciate if the council would indulge me in my request that it read "when someone fronts on a street that is a major highway that street is there more as a route for travel for. many people, than as access to his home." That was the intent of my wording. Page 11, bottom of the page, second line from the bottom reads. "and yet the _problem that Councilman Gleckman so questionally and properly brings up". I don't recall the exact wording but it certainly wasn't "question ally" so I would ask the councilmen to have it read "Councilman Gleckman properly brings up." Page 27, a simple misspelling of the word "none" after Councilman Nichols speaking, in the middle of the page. Councilman Gleckman: Page 34, the bottom line of the first paragraph the middle of the page reads "into Montgomery Ward" should be "up to Montgomery Ward". Mayor Krieger: Page 17, under the roll call vote, there was a roll call vote on the matter of Mr. Nbrton'. letter to the City, Council. I believe, and I " may need the'counc l's confirmation ion this the council vote was 3 in the affirmative and 2 opposed. It is my Co C. 5/ 8/67 Page Two 0 • APPROVAL OF MINUTES m Continued recollection that the negative votes were Councilman Nichols and Councilman Gillum, The affirmative votes were Councilmen Snyder, Gleckman and myself. Let the minutes reflect the roll call vote 3 affirmative, 2 negative, Page 27, this having to do with the reference to application of Tony's Place,for a on sale beer permit. The action of the council on these matters is not to approve but to. _det-ermine whether or not to protest. The r_ec-.ommendation to the council was "-no protest" on both of these items. The action of the council on Tonyls Place was "no protest" and the council action on Crispin's-Hut "no protest", Page 35,youu may have -to check the to e on this ® the time this council adjourned. I don't see it indicated in the. minutes. Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the minutes of April 24, 1967, be approved as corrected. SHARE A SONG DAY ® Proclamation - So approved as May 18, 1967. Mayor Krieger: We have as a surprise for this evening, a chapter of.Sweet Adeline, Inc,, an international women's organization, interested in preserving barbershop harmony and conveying the spirit of friendliness and harmony in song. We have, as one,of the later items on our agenda, a proclamation having to do with "Share a Song Day which is May 18, 1967. Unless there is an objection by a majority of the council the mayor intends to proclaim May 18 marking the 20th anniversary of this group, as '''share a Song Day." Does the council have any objection to this proclamation? There being no objection the proclamation will be so made, and the chair will recognize Mrs, Elaine Mansell and the members of her group, (A song was sung by the Sweet Adelinesgroup,) Mayor Krieger: CITY CLERK'S REPORTS PROJECT NOS, TS-67004 TS-67005 ACCEPT TRAFFIC SIGNAL INSTALLATIONS STEINY AND MITCHEL On behalf of the council, I extend our appreciation and thanks.for the song presentation, LOCATION: California Avenue at Cameron Avenue, and California Avenue at Center Street, Accept traffic signal installa- tions. Authorize the release of General Insurance Company of America faithful performance bond No. 582332 in the amount of $24,161. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the council accept traffic signal installations and authorize the release of General Insurance Company of America faithful performance bond No. 582332 in the amount of 424,161. PROJECT SP-6632 PHASE II LOCATION: Lark Ellen -Avenue, Vine Avenue RIGHT-OF-WAY DEDICATION to Walnut -Creek Wash, Accept grant.of easement for street and highway purposes to be known as Lark Ellen Avenue, ® 2 r C.C. 5/8/67 Page Three CITY CLERKS REPORTS _ Continued Mayor Krieger: We have the -staff report of May'4, 1967, We will go t-o the reading of the heading of the Resolution, RESOLUTION NO. 3564 The Deputy Cit-y-Clerk presented: GRANT OF EASEMENT "A RESOLUTION OF`THE CITY COUNCIL'OF THE CITY ROBERT &.SYLVIA YOUNG OF WEST COVINA ACCEPTING A CERTAIN -WRITTEN` INSTRUMENT AND DIRECTING THE RECORDATION ADOPTED THEREOF." Mayor Krieger: Hearing no objections, waive further read- ing of the body of the resolution. Motion by Councilman Gillum, seconded by Councilman"Gleckman, that the council adopt said resolution. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Gleckman, Snyder, Mayor Krieger NOES: Councilman Nichols ABSENT: None RESOLUTION Noo 3565 The Deputy City Clerk presented: GRANT OF EASEMENT: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY JESSE & ANNA'`HALL OF WEST COVINA ACCEPTING A CERTAIN WRITTEN ADOPTED INSTRUMENT AND DIRECTING THE RECORDATION THEREOF, Mayor Krieger: Hearing no objections, waive further°,read- • ing of the body of the resolution. Motion by Counc,ilman''Gillum; seconded by Councilman Gleckman, that the council adopt said resolution. Motion.carried on roll call vote as follows: AYES: Councilmen Gillum, Gleckman, Snyder, Mayor Krieger _ NOES: Councilman Nichols ABSENT: None TRACT 23082 & SP-67012 LOCATION: Westerly side of Evanwood RIGHT-OF®WAY DEDICATION Avenue, 380.feet northerly of & OPENING OF -'ONE -FOOT LOT Merced Avenue. RESOLUT_.ION NO'o 3566 GRANT OF -EASEMENT DANIEL &.CARYL DAVIES ADOPTED The Deputy City -Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING"A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE -RECORDATION THEREOF," Mayor Krieger: Hearing no objections; waive further, read- ing of the body of the resolution, Motion -by Councilman Gillum seconded by Councilman Gleckman, that,.t)4e council adopt said resolution. Motion carried on roll call vote as ifollows:: AYES.: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger ,NOES: None ABSENT: None -- ME r C , C. 5/8/67 Page Four CITY CLERK'S REPORTS - Continued f RESOLUTION NO, 3567 GRANT OF EASEMENT RAY & CLARA HAMBLETON F-3016I 20� M Mayor Krieger: The Deputy -City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL "OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT' -AND DIRECTING THE RECORDATION THEREOF.0 Hearing no objection, waive further reading of the body of the resolution. Motion by -Councilman Gillum, seconded by Councilman„Gleckman, that -the council adopt said resolution, Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None RESOLUTION' NO. 3568 TRACT 23082 The Deputy City -Clerk presented: "A RESOLUTION OF THE CITY OF WEST ADOPTED COVINA DEDICATING CERTAIN CITY - OWNED PROPERTY TO PUBLIC! STREET PURPOSES AND ACCEPTING SAME AS A PUBLIC STREET." Mayor Krieger: Hearing no objection, waive further reading of the body of the resolution. •Motion by Councilman Gleckman, council adopt said resolution. follows: AYES: Councilmen Gillum, NOES:. None ABSENT: None PARCEL MAP No. 4 LEWIS W. STARBLE seconded by Councilman Snyder, that ,tl;e Motion carried on roll call vote as Nichols, Gleckman, Snyder, Mayor Krieger LOCATION: Meeker Avenue, north side of Walnut Creek Wash, Review Engineer's report, Extend time to file final map. Motion by Councilman Nichols, seconded by Councilman Gillum, that the council extend the tentative approval of Parcel Map No. 4 for one 3t-erar, to wit: May 22, 1968. Mayor Krieger: Subject to the same conditions of approval? Councilman Nichols: Mr. Mayor, on that - the reason I was hesitating somewhat, I recall sometime ago we had a discussion about th°e extension of Parcel Maps and it was my understanding at that time that any new requirements that were imposed by the City would apply to.. that Parcel Map, so it would not involve being subject to the conditions originally imposed. (Mr. Aiassa advised that was correct.) Mayor Krieger:. Mr, Ter-zian may.wish to inject.himself into this.. Asto prospective conditions I understood Mr... Williams to indicate the same thing, What I am concerned about is the original conditions -that we iposed upon the approval. I thought they should be a part of this motion, aswell, so there is no question about the carry-over. - 4 - C. C. 5/8/67 Page Five 0 • r] CITY CLERK'S REPORTS - Continued Mr. Terzian, Ass't. City Attorney You are correct Mr. Nichols, but I think the Mayor's idea that we should make it absolutely clear that prior conditions would apply, it should be made a part of the motion. Councilman Nichols amended the motion to read "subject to all conditions of -the original tentative approval." Amended motion seconded by Councilman Gillum, and carried. All in favor. .RESOLUTION NO. 3569 AGREEMENT` NO'. 42 PROJECT S-SU-860 (2) The Deputy City Clerk presented: "A RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING COUNTY-CITY®STATE AMENDMENT' TO; AGREEMENT NO. 42 FOR: THE PROPOSED_ CO,NSTRU£TION.ON GRAND AVENUE BETWEEN' NEAR HOLT AVENUE AND 0.9 MILE'NORTH OF TEMPLE AVENUE, IN AND NEAR THE CITIES OF- WALNUT' AND WEST COVINA, -NET LENGTH 1.-82 MILES (FEDERAL -AID SECONDARY' PROJECT S-SU-860 (2)." Mayor Krieger: Hearing no objection, waive -further readin4;of the body of the resolution.- Motion by Councilman Gillum; seconded by Councilman Gleckman, that.the council adopt said resolution. Motion carried on roll call vote as follows: AYES:, Councilmen Gillum, NOES: None ABSENT: None SCHEDULED MATTERS BIDS PROJECT SP-6407-1 AZUSA AVENUE CONSTRUCTION Nichols, Gleckman, Snyder, Mayor Krieger LOCATION: Azusa Avenue from Garvey Avenue southerly to 125-feet north of Walnut Creek Parkway. Review Engineer's report. Award contract and authorize the Mayor and,City.Clerk to execute contract agreement. Eight bids were received in the office of the City Clerk at 10:00 A.M. on�'Wednesday, May 3, 1967. The bids received are as follows: J. RULLO ENTERPRISES 10% Bid Bond $66,221.54 AMAN BROS. INC. 10% Bid Bond 69,095.96 SULLY -MILLER 10% Bid Bond 69,251.-64 W. R. WILKINSON CO. 10°o Bid Bond 70,302.39 STRECKER CONSTRUCTION CO. 10% Bid Bond 71,521.50 FRED WEISZ & ASSOC. INC. 10% Bid Bond 72,641.73 CROWELL & LARSON 10% Bid Bond 76-,835.17 D & G CONCRETE CONSTRUCTION 10% Bid Bond 79,801.51 Recommendation that the bid of J. Rullo Enterprises of Paramount for Project SP-6407-1 be accepted and that the Mayor and City Clerk be authorized to execute the contract for this low unit price bid. - 5 - C. C. 5/8/67 Page S ix BIDS Continued Motion by Councilman Gleckman, seconded by Councilman Gillum, that�the low unit price bid of J. Rullo Enterprises of Paramount for Project- SP-6407-1 be accepted, and the Mayor and City Clerk be authorized to execute an agreement with J. Rullo Enterprises for the work. Motion carried on roll call vote as -follows: AYES: Councilmen Gillum, NOES* None; ABSENT: None Ii9ARTNGS Nichols, Gleckman, Snyder, Mayor Krieger 1967 WEED AND RUBBISH ABATEMENT PROGRAM Hearings of protests or PROTEST HEARING objections set for May 8, 1967 by Resolution of APPROVED Intention No. 3560, adopted April 24, 1967. Mayor Krieger: Madam City Clerk, do you have the affidavit of publication and the notice of hearing? Madam Deputy City Clerk: I have. Motion by CouncilmGan Gleckman, seconded by Councilman Gillum, and carried, that the affidavit be received and filed. Mayor Krieger: Madam City Clerk, have you received any • written protests to this program? Madam Deputy City Clerk: Mayor Krieger: I have not. This is the time and place for the public hearing. There being -.no public, testimony in protest, the public portion of �he hearing was closed., upon motion made -by Councilman Gleckman, seconded by Councilman Snyder,.and carried. Mayor Krieger: Is there a discussion on the report? Councilman Gleckman: Mr. Aiassa, didn't we discuss some situations that had to do with the weed abatement program, as far as the. negotiations''with regard to price - has that been straightened out? Mr. Aiassa,?City Manager: In our last report we outlined the procedure we are going to follow. Motion by Counc lrtan_.Gleckman, ee.ceuded_ .b-y ,Councilman. G,iJJ M,_ that; the Weed and Rubbish.Abatement Program -on those properties.in Exhibit A attached to the .report of the staff dated May 4, 1967" be authorized and the City Engineer be authorized to --add these properties 'to the present Weed and Rubbish Abatement Program. Motion carried on roll call vote as follows: • AYES: Councilmen Gillum, Nichols, Gleckman, Snider, Mayor Krieger. NOES: None ABSENT: None T Co C. 5/8/67 Page Seven HEARINGS ® Continued PROJECT SP-67018 LOCATION: Workman Avenue between PROTEST HEARING ON PROPOSED WORK Azusa and Phillips Avenues. 1911 ACT (SHORT FORM) Hearing of protests and objections to • street improvements at 1838 and 1842 Workman Avenue. Held over from April 24, 1967, with hearing held open. Mayor Krieger: The staff has submitted a report to the Council, which is a follow-up with reference to a question raised by Mr. Moody at our hearing of the 24th. Their report is dated May 4, 1967, Is Mr. Moody present this evening? (Advised Mr. Moody out of town but his son was present. Mayor Krieger asked if he had received a copy of this report and he replied 'snot to his knowledgeo" further stating that he had a prepared statement to present to the Council. ) Mayor Krieger: For the benefit of Mr. Moody and anyone else appearing this evening on this report read, particular matter, we will have the staff (Mr. Fast, Public Service Director, read the staff report of May.,4, 1967.) Mayor Krieger: Is that the staff report, Mre .Fast? Mr. Fast • Public Service Director Yes, Mr. Mayor. Mayor Krieger: Consistent with the action of the council of April 24, 1967, the hearing is still open. This is the time'and place for the public hearing. Douglas -Moody I would like to request five minutes, 17759 E, Broadford Street (Oouno l had na obJ_ection..) In -regards Covina to the_ report, which..was .r.e.ad...a few minutes .ago , -I was :pre sent .-at the meetings of my,father with Mr. Winters on every occasion that Mr. Winters was at our property. About the second paragraph down m the staff informed Mr. Moody that the city had the right of way if he did not install these street improvements at his expense - at this time he had said that he did not disagree, he said he wished to consult his attorney on the title, going by what the City had said. He consulted Mr, Francis Garvey and he did say that the City had the right of way by the Phillips Tract Land Grartat this time, and the next thing we heard was the posting of the property. I have a statement here prepared by my father Donald Moody, 1842 E. Workman Avenue, West Covina, before leaving for San Francisco on business, (Read statement,) I might add on my own, with regards to the parking mentioned in his statement, the entire dirt strip which is subject to this discussion in front. -of .the property is used exclusively for parking by the apartment dwellers across-the!� street from this.property. We have more than adequate parking spaces •for off the street parking for our property, and we don't feel it would be any gain on our part, as far as parking. Vern Rollins I am here in accord with Mr. Moody. I 3234 Fircroft Ave. have been working with the Moody°s and Covina the American International Red Cross in Sales Representative establishing this property as their Colby Real Estate permanent place after leaving the Covina area. Mr. Moody has not brought this point before the Council, but it is his intention to .give to the Red Cross 5400 sq.'ft. of property beyond this for parking when their facility straightens ° up. o7A C. C. 5/8/67 Page Eight HEARINGS - Continued Mayor Krieger: Are you protesting the proposed street improvements? Vern Rollins Not the improvement itself just the allocation with regard to it. I Just wanted to say that the Red Cross will tape up 130' of this 330' being discussed. There being no further public testimony, the public portion of the hearing was closed, on motion made by Councilman Gleckman4 seconded by Councilman Snyder, and carried. Councilman Gillum: Something -concerns me o Mr._ Moody, you stated in the past you received an estimate of $300. on the Weed Abatement and then received on your tax bill a charge of.,$1000. Did your father or'the attorneys investigate this? Mr. Moody, Yes, Mr. Garvey, my father's local attorney investigated and found that the oral agreement was not binding and found that there was some old materials at the rear of the property that had been removed and this charge put on the tax bill in the sum of $1100. and no adjustment was made; Also the lighting bill at 1842 E. Workman - was doubled and there was no change made at 18 8 E. Work -man:. Councilman Gillum: Did your father and the attorney also • investigate this? Mi. Moody. Yes. Contacted the City and also mentioned it to Mr. Winter when he was present and he said these things happen_sometimes-.and they don't know why. We also coiA acted the City in the past and no one seemed to know why. Whether he got an adjustment on this, I am not sure o I don't know. I don't believe he got an adjustment on the lighting either. Mr. Aiassa: City Manager Mr. Mayor Mayor Krieger: Mr. Aiassa, I am sure the council anticipated the fact that the staff -is concerned about the presumption that the City has done something incorrectly, the procedures are well spelled out by law even if a city staff -or council was disposed to do anything otherwise, and I am quite sure Mr.-Moody's counsel is well familiar with the law being the city attorney for the City of Covina, as to the procedures of lighting districts which are public hearings just as this is9 or weed abatement and rubbish removal programs which are public hearings, just as this is. And, ample opportunity is presented to anybody to appear before this body and protest these matters if they felt they have been dealt with unfairly. We are discussing a matter of street improvement and street improvement alone. • Councilman Gleckman: I think Mr. Past or Mr. Zimmerman would be able to answer this question. Did the policy, in what we actually required, change since the Japanese property o o what caused the additional requirement on this particular property at a later date? Mr. Fast: The property at Sunset Avenue and Walnut Public Service Director Creek Parkway was the first major 1911 Act street improvement that the city embarked upon. So from the standpoint of policy we had no policy prior s C. CD 5/8/67 ]Page Nine HEARINGS o Continued to that date, Councilman Gleckmano From what I understand, the estimate that was given originally was given February 17, 1967? (Answers Correct) I don't understand from February 17, 19679 whether our policy changed from that time to the time -the -property was posted in March? Mr, Fast- I'don°t recall the date of the Japanese _Public Service Director American posting, Councilman Gleckmano The only thing I want to be sure of is that this particular property owner is not being treated unfairly. After looking at the estimate I think Mr. Moody, as well as this council, is aware that these are just estimates but if we changed policy as to what we required I would like to knot if it happened after February 17, 1967, or if who ever gave the estimate was not aware of the requirement. Mr, Past, I don't have the date the policy. was Public Service Director established on the Japanese-imetican it is in my file, Councilman Snyder-, It should be pointed out that you said this policy was established in relation- ship to the 1911 Act but it has been a policy in relationship to the Precise Plan before that -time-, requiring street improvements, Councilman Gleckmano Let me go one step further, Mr. Fast, do you feel that had Mr. Moody agreed at the time . on the 41404, m at that time had it been presented to the staff to be presented to the council, do you feel that the figure we have here would be the figure presented to the council for the work? Mr. Fast- No, not under the 1911 Act „ Public Service Director Councilman Gleckmano In what way would that be different? Mr, Fast- When an applicant or a citizen presents a Public Service,Director proposal to the city in writing we bring it forward to the city council and ask whether they would like to go along with the proposal and there is usually a staff recommendation along with it. And not knowing what Mr. Moody would have done, if he had actually in fact presented a proposal, I can't answer the question, Councilman Gleckmano The,inequity to my.knowledge is not from the standpoint of the sidewalk, becauoe it was included in the bid, but I am concerned with the additional requirements and of course the contingencies are not in here, so what we are actually discussing would be part of the excavation? Mr, Fast- There is $253 involved in additional Public Service Director paving from 61 to 9°, plus the sidewalks, the contingencies, of course, are to cover those costs normally incurred through the 1911 Act, Councilman Gleckma.n- On all future 1911 Acts when Mr. Winters goes out or who ever goes out to give estimates, they will and are instructed to figure this particular basis for the actual cost? 9 0 s C.C. 5/8/67 Page Ten BEARINGS e Continued Mr. Fast s Rublic Service Director Councilman Gleckman: • do this on his own? On the basis of total m decidedly so. One other comment. I gather, Mr. Moody, that your father has not done any investigating as to what it will cost to Mr. Moody: Yes, we have and it -is -roughly approximately the city price including the 9' of paving. Our objection at the last meeting was on the gP of paving being a secandary -highway. Councilman Gleckmans Thank you. We have required the 9° of paving on the Japanese -American and the other property on Lark Ellen? Mr. Past: Yes, on the Japanese -American. No on the Public Service Director Lark Ellen the City required the curb, gutter and sidewalks only, plus the right of way as part of the district. The right of way was already dedicated. Mayor Krieger: The decision in that matter, as I remember, it was to allocate the portion to be borne by the property owners to the acquisition of right of way, rather than to street paving. •Mr. Fast: That was apparently the policy of the Public Service Director City Council. Mayor Krieger: I.would like a clarification on the Point Mr. Moody raised which was of some concern to the council last time., that is the -time. in which the property owner is to be given to construct the improvements or otherwise the city will undertake these improvements. Can you tell us the date? Mr. Fast: The code says he must start within.6.0 days Public Service Director from posting and that was March 28th, so that would be approximately May 28th, and then it states further "pursue it diligently to completion". The time limit is not when he completes but when he commences the work. Mayor Krieger.: The May 28th date may or may not be .correct, but it is within a few days, as the property was posted March 28th? Mr. Fasts That is correct. ,Public Service Director Mayor Krieger: The second point I want to make is more informational than comment-ary, that is the Council extended the courtesy, as I remember, to Mr. Moody to hold this hearing open until this evening to determine a matter that the Council did not have tp determine and that was what would be theproposedallocation at the time that the improvements were completed if the improvements were undertaken by the City of West Covina. There is no legal o-bldgation upon this community or any other community to make such a determination before making a determination to proceed with tie street improvement. Am I correct Mr. Past? Mr. Fast: Correct. Public Service Director 10 C. C. 5/8/67 Page Eleven HEARINGS o Continued Mayor Krieger-, The discussion as to the figures-, is really not a discussion for the benefit of the City of Vest Covina, a discussion as to the figures is for the benefit of the protestant, •Mr. Moody, so that as we talk about these figures of allocation between the City and Mr. Moody, apparently the only difference that the protestant raises is not to the improvement, it is to the proposed allocation to the cost once the improvement is completed. That is more definitively the cost of the allocation to the street improvement portion. I understood Mr. Moody's father last week to indicate and I believe Mr. Moody has restated the position, that they are not talking about the sidewalk, curbs and driveway, In approaching this matter, as long as we are respectively talking about more than improvements I think it is incumbent upon the council to apply standards of fairness and equity throughout the community in these matters and not make subjective determinations as to one property and the next one comes in and says "I wasn't dealt fairly because you dealt differently with so and so". I. think it is a legitimate basis of complaint if we do that. This is the very subject matter that I think in any community, including our community, e are subject to a legitimate complaint if they apply a double standard or triple standard to -various types of properties. i Councilman Snyder-, What is the next action? Mayor Krieger-, The council would have to take action on the matter of the protest received on the 24th and tR s evening and -then proceed depending upon the action taken with regard to the first action. Motion by Councilman Snyder and seconded by Mayor Krieger, that the council accept the.staff report and the protest be overruled. Councilman Nichols: I won't belabor the point this evening, I believe council is aware of my position on this matter, which would parallel the position I took on the Dark Ellen property that when a secondary highway is involved that improvements to that highway will banefit.the entire community and the entire community should participate in the cost of those improvements and I don't believe that is accomplish - ea in this staff report, so I would oppose accepting the staff report. Motion failed on roll call vote as followss AYES-, Councilmn Snyder, NOES-, Councilmen hie-holb, ABSENT: None Councilman Gleckman: Mr. Fast-, Public Service Director Councilman Gleckman: Mr. Fast-, Public Service Director Mayor-. Krieger. - Gillum, Gleckman I have another question ® Mr. Fast, - wherein would this situation be differ- ent than what we are doing on Lark Ellen? In my opinion to the extent of the participation by all of the people in the district in the purchasing of right of way with no paving ® that is the difference. In other -words we didn't require paving? That is correct. C. C. 5/8/67 Page Twelve HEARINGS - Continued Mr, Aiassa-, Mr, Gleckman, there is another item City Manager t-oo, on portions of the west section of Dark Ellen there are physical improvements which they am going to rip out to establish a new grade and this has nothing but bare lands • Councilman Gleckman-,. In th e staff report you referred to Hafner-Chrysler-Plymouth-, Only Corporationg and Charles Zug does this mean what we are requesting of this particular applicant we have requested and received of these three parties? Mrs Past-, That is corrects in total through the Public Service Director Precise Plano Councilman Snyder-, It is customary through the Precise Plan m we have been talking about the required m 90 of paving-, 1911 Act but on the Precise Plan it is Councilman Gleckman-, Has the property mentioned here made any application for the Red Cross as to the paving m Mrs Menard? I think this came before the Planning Commissions Mr, Menard-, There was an interpretation before the Planning Director Planning Commission as to whether the Red Cross could be handled on the property as an Unclassified Use Permit or whet -her or not a zone change •through professional zoning would be required. It was the determina® tion of theCommissionthat professional zoning be required. I under- stand there is a further request coming from the Red Cross before the Planning Commission on this, Councilman Gleckman: Mrs. Rollins, I hope you don't ._mind Is this part of the property of which we are discussing tonight? Vern Rollins: 1838 m the total property, and 25' of 1842. Councilman Gleckman: Mr, Menard m if the Red Cross would come In here wouldn't there be a Precise Plan requirement in order to use this for parking at these particular addresses and at that time wouldn't we require the improvements we are talking about right here? Mrs Menard: Under the Unclassified Use Permita Planning Director plot plan normally called a Precise Plan but not having the same significance would be submitted and improvements would be required on the plot plan. Under a zone change a normal Precise Plan would be required and improvements also, Mayor Krieger-, Gentlemen, to recap we have a motion to • overrule the protest which was defeated. The next question before the council is whether or not the council wishes to allow the protest. Motion by Councilman Gleckman, seconded by Councilman Snyder, that based on the additional information received that the protest be overruled and the proposed improvements be authorized and that the resolution Instructing the street superintendent to proceed be adopted. Motion carried on roll call vote as follows: AXES: Councilmen Gleckman, Snyder, Mayor Krieger NOES: Councilmen Gillum, Nichols ABSENT: None I ® 12 C.,0o 5/8/67 Page Thirteen • • HEARINGS ® Continued RESOLUTION NO. 3570 APPROVED Mayor Krieger: The Deputy City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA INSTRUCTING THE SUPERINTENDENT OF STREETS OF SAID CITY TO TAKE CERTAIN ACTION WITH RESPECT TO THE CONSTRUCTION OF CURB, GUTTER, DRIVEWAY APPROACHES, SIDEWALK, AND A NINE®FOOT WIDTH OF STREET PAVEMENT ON WORKMAN AVENUE PURSUANT TO SECTIONS 5870 ET SEQ OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AT 1838 and 1842 WORKMAN AVENUE." Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Gleckman, seconded by Councilman Snyder, that said resolution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen Gleckman, Snyder, Mayor Krieger NOES: Councilmen Gillum, Nichols ABSENT: None (MAYOR KRIEGER DECLARED A 10 MINUTE RECESS.) ZONE CHANGE NO. 377 LOCATION: 1803, 1809, 1802 and 1808 TODD KECK Pioneer Drive, between Azusa Avenue and Phillips DENIED Avenue. Mayor Krieger: Lela Preston: Deputy City Clerk Request to reclassify from Zone.Rml to Zone R-P approved by Planning Commission Resolution No, 1949. Madam City Clerk do you have the affidavits as to publication and mailing? Yes. Motion by Couneilman Gleckman, seconded by Councilman Gillum, and carried t#lat the affidavits- �: ,ee-eived and filed, (Mr. Menard, Planning Director ® then read the entire Resolution No, ' 1949. ) Mayor Krieger: T4is is the time and place for the public hearing. IN FAVOR Walter Ross I am here in behalf of Mr, Todd Keck 1809 Pioneer Drive who is not here this evening and who West Covina is a neighbor. I would like you to know that we concur wholeheartedly with the Planning Commission in.that those four lots as shown on the charts on the board, stand out as an island of residential homes surrounded entirely on the north and south and across the street on Azusa Avenue by areas designated for business. I have lived there for 7 years and during this .period of time the increased use of traffic on Azusa Avenue ® it has become apparent that this land is not being used to its best use, and -now -that Azusa Avenue has been opened down to Amar 13 0. 0. 5/8/67 Page Fourteen HEARINGS - Continued in LaPuente and I understand will be opened farther down to the Pomona Freeway, it is very probable that a great deal more traffic will be coming up and through these various ways. It is our contention that this property is not as desirable at this time for residential and -:Is not being used to its best use and it is sincerely hoped that the council will go along -with the Planning Commission, to change it to R-P zone. • IN OPPOSITION Dean Pic°1 I am an attorney, appearing on behalf 140 W. College of the 59 signatories to the petition Covina and would request 10 minutes, (Granted) It is my intention to present the objectives of the signatories to the petition heretofore submitted, a copy of which I would like to present to the council at this time because of some additional notations. I will divide the objections into three general categories. In presentation of the first of those categories I have two small photographs -which I think will be sufficient to indicate the point I wish to make. Our photographs are taken from Azusa Avenue toward the east down the street in question m Pioneer. The initial objection concerns the effect which the rezoning will have upon Pioneer itself. This chart which I have before me is essentially the same as _ that on the bulletin board. The four parcels marked in red are those in question. The photographs which I have submitted are taken from this point down Pioneer. As can be observed from -the photographs there are no sidewalks on this street. In the homes on this street alone there are 25 minor school age children. It is understandable that any change in thezoning of -these four parcels which would increase their use as a professional use is going to increase the traffic on this street and in • the absence of sidewalks is going to create a hazard to the children who are obligated to walk in the street, to attend the school which is located at the end of that one.block ® Phillips. The petition that has been submitted has been signed not only.by those on Pioneer and the particular lots indicated but rather by persons on Pioneer and adjacent streets *h6se children will also be affected by any increase in traffic on Pioneer. The specific numbers which appear -on the petition correspond with the numbers on this chart. The second objection is one that is perhaps in the nature of a moral contract argument. I am sure all of you are familiar with the restrictions placed on each of those parcels at the time they were declared and dedicated for R-1 property for the establishment of residential units. A large number of people have purchased homes in that area in anticipation of the continuation of those restrictions in the establishment of a residential area. Any change in the first two parcels on each side of the,street is going to create for the next two homes the exact same sort of problem,_ if it does exist that Mr. Ross says exists for the first four parcels, and then the next problem you will have are the people in these particular homes will complain of a reduction in the enjoyment of their property and that they are not being used to their highest possible use because of the existence of the professional units in the -se -four areas; The street in question is a well kept, nicely maintained residential area and any change on those four parcels is going to seriously jeopardize the investment by the owners of those other units. 0 Certainly we all appreciate the fact you have the right if you see fit to change the zoning and alteration of and complexion of that entire community. It is my suggestion in this second objection to the rezoning that you have almost a quasimcontractur® al obligation to the parties who reside in those other parcels and who purchased in this area, established and lived in their homes in anticipation they were going to be.living in a residential zone. 14 C. C. 5/8/67 Page Fifteen HEARINGS - Continued The third objection, is directly connected with the observation of Mr. Ross that Mr. Keck could not.be here and he -was appearing on his behalf. As may be evident from the application that Mr. Keck resided, past tense, in the particular lot •marked as 18, he is the applicant in this matter and has apparently obtained the permission of the 3 other landowners involved to file the application for rezoning. Why isn't Mr. Keck here?- I have in my possession a letter posted from Paso Robles, California, dated May 3, 19679 addressed to Mr. & Mrs. Paul Haines, who resided in the property immediately next door to the Keck parcel 19, and I would like to read this letter because I think it vividly clarifies the third objection of the property owners I represent. The letter is' written by Mrs. Todd Keck, the applicant in this matter. PODear Mr. & Mrs. .Haines o I know you both must be concerned as to who your neighbors 'are going to be. We have sold our home to a very nice couple, the man is a school teacher and they have a teenage daughter who will be attending Covina High. They plan to use the house ,�only for a home, not as a professional building. Mr. Brown who owns��e corner cannoT use his as professional alone so I just wanted you to know that you will have very nice neighbors. We started the rezoning on the advice of two realtors who informed us that we would not have a chance to sell as strictly residential so close to Azusa Avenue. We feel we were very lucky to find someone that didn't mind the noise of Azusa Avenue and wanted it as a home. We could have sold it many times but everyone objected to the busy highway. I thought this might give you peace of mind. We were not trying to make a "buck" but only to sell so that I could be with my husband. We have -a 90.day escrow so I will still be around. Sincerely, Mrs. Todd Keck." • The third objection of the adjacent landowners is that there is not any crying need in that immediate locale for any additional professional zoning. The second chart which I have demonstrates the property that is�either vacant or presently zoned for professional.- If that is the type of unit which anyone wishes to build there is area there to d6 it. It is, I think, abundantly clear that someone who had wished that area as a residential unit was desirous of maximizing his profit and so applied to this council for rezoning -in the hopes that he could increase his profit to the distinct jeopardy of every other homeowner to the east of that locale and was successful in persuading three other property owners to place their names in the application in, the anticipation for future profit to themselves. . I am certainly the last person in the world to criticize profit but I suggest in looking at this application that you must recognize, which is very clear, namely that you are being asked to do something for the benefit of one person who started the rezoning and perhaps with some benefit to the other three involved, but to the distinct and clear cut detriment of the other property owners who reside on that streets I think what this application does is request this council to give approval to a special interest. I know you cannot stand still in the face -of progress and say this has been my family home for 100 years and I don't care if there is an airport on one side and a manufacturing plant on the other, you can't rezone me. But this is different. Here is an entire residential strip that is going to be slowly eaten away each time one.person adjacent to the higher use can come in and request rezoning to permit him to sell his property and maximize his own personal profit. Therefore, on the basis of the three objections which I presented on the behalf of the 59 persons who have signed the petition, namely the jeopardy that�the additional use of Pioneer will create' for minor children who reside on that street-becaui3e of the quasi contractural obligation that the city council has to the community and the residents that have established their homes there- and because of the fact this is for the purpose of benefiting one man who now has sold 15 C. Co_ 5/8/67 Page Sixteen �r. HEARINGS - Continued his home to someone that wants it community, I respectfully submit denied and the present R-1 zoning as a residence and has left the that the proposed rezoning should be maintained. Thank you. *Mayor Krieger.- Is there anyone else present who desires to speak in opposition to the proposed zone change?- There apparently not being, the proponents will have the opportunity,at_this time for the rebuttal. The proponents -also have the right at this time to inspect any material submitted to the council this evening by the opponent, which will include the photographs, petition and letter. IN REBUTTAL Mr. We Rosso (Declined examining material.) I would like it known that Mr. Keck did actually start this business of changing this zone for the very -purpose that he had intended and that his intent was changed due to his business interests elsewhere and as a result he sold it at a residential price in order to take care of other interests. Now I would also like to rebut the fact that they maintained and I can understand this, I can understand the effect of the children on the street, but I would also like to make mention that there is still no sidewalks on either Daines or Eckerman and this is now RmP and there are several small buildings on Eckerman where there is considerable amount of traffic. I would also like to make mention of the fact that at one time this was a very tight residential area when I purchased 7 years ago, however the property immediately north of me and behind 1803-1809 was changed by the City Council a couple or 3 years ago for • the purpose of RmP and that means that the area on Azusa Avenue for two lots deep are not desirous as residential property. I would like to make this known because it is more difficult to live there. The property Mr. Keck sold is still in escrow and no home is sold until -it comes out of escrow. At the present time I know Mrs. Keck still resides there. Also like to mention that the letter put in evidence was in answer to a letter sent to her that wasn't very kind . I submit this evidence because she was attempting to get along with the neighbors and because she thinks a great deal of them and I- can understand this° I submit this in,honesty and sincerity. Mayor Krieger. - (DISCUSSION BY COUNCIL) Councilman Gillum: purchased this property is the Mr. Ross: 0 Councilman Gillum: Mr. Ross: Thank you, Mr. Rosso Anyone else wish to speak in rebuttal? There being no further public testimony, the public hearin& is closed. Mr. Ross, I understood you to say Mr. Keck°s property is in escrow. Do you have any knowledge that the.party.that same as mentioned in this letter? he later felt that his interests that he should move there, I would take for granted that it is, but I have no knowledge that it is. I -would assume it is the same person, Mr. Keck sold the property and you assume to the best of your knowledge he sold to a young couple. Do you know whether he started the zoning change before or after?_ Quite awhile before. The intent had been to remain there until the zoning had been changed and develop the property, but elsewhere were to such an extreme point 16 Co C, 5/8/67 Page Seventeen HEARINGS - Continued Councilman Gillum: Mr, Ross: Councilman Gillum: Do you have any knowledge if these people in escrow - if they are aware of this? I understand they are fully aware,of it, Mr. Menard, on this map zoned R-1 and R-P would you indicate which parcels are still vacant and undeveloped? (Mr, Menard, Planning Director, pointed out the property on the map.) Mayor Krieger: Madam, do you have any information as to the owner of this property? If you ph,one ? do will you please step to the micro - Mrs. Hartley The part y's name is Mr, Yancya He is a 1819 E Pioneer teacher in Hudson School-.D-1strict, The West Covina lady who sold the house, Mrs, Mates from Boles Realty, I asked her if she had advised him of the hearing and the proposed property zone change. She told me that she was not about to notify the party about anything, Coi,incilman Nichols: I am not overly impressed with the concern that has been expressed by the gentleman here representing the feelings of the objectors to this zoning matter and it is not because I do not have a concern for children who must walk on the streets of this City. The very people that are opposing this matter now matly months ago opposed the heavy use on Azusa Avenue across the street from this street and I think they received a sympathetic hearing by this council because of the traffic hazard. The reason I am not particularly con- cerned is that the children will come out of these homes and go easterly to the school and will not pass the driveways, also I am not particularly concerned because there is no evidence whatsoever in this City where any properties that have been zoned R-P as a transitional zone has subsequently seen adjacent properties rezoned also.. In fact it is my understanding that R-P zoning provides buffering and support to residential area. Certainly if I resided in that area I would be much more concerned about a 3 or 4 story apartment building or an automobile agency, and just as sure as we are all alive, no one, in my judgment, but no one that is sitting here can say that 5 or 10 years from now that any property adjacent to Azusa Avenue is not going to have some other use than single family residence And to try and prevent every kind of use other than R-1 is shortsighted in the long range in the terms of trying to protect some kind of identityfor those people who have residential property immediately adjacent to Azusa Avenue, which in my judgment is going to be the single busiest street in the entire East San Gabriel Valley. However, there are other criteria that must be followed in. attempting to judge whether certain types of zones should occur. I think the primary judgement that I am considering is where is the need for this at this time? We cannot zone discriminately or indiscriminately because we think. ultimately the use must be some place. I can say in all honesty, if there were a demonstrated need for it I would vote for it, because I believe that ultimately every footage on Azusa Avenue must have relief from R-1 zone, I think any person with a reasonable mind would agree with that, but the.need is not there today,. There are vacant lands all around this property that have R-P zoning or 0-1 and until those lands are developed - 17 - C, Co 5/8/67 Page Eighteen HEARINGS ® Continued I do not want to vote zoning for speculation purposes. So I am opposed to this zone change at this time. Motion by Councilman Nichols, seconded by Councilman Gillum, that Zone Change Application No. 377 be denied on the basis of the lack of showing a need. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman,- Snyder, Mayor Krieger NOES: None ABSENT: None ZONE'.CHANGE.NOo 376 LOCATION: East of Indian Summer Avenue CITY INITIATED' north of -Amax Road, west of (ANNEXAT.ION.. N.O_, 195) Pass and Covina Road, south APPROVED of Maple Grove Street,, Request to pre -zone all land in Annexation No, 195 and a continguous parcel to the most comparable zone that is now existing or pending in Los Angeles County, approved by Planning Commission Resolution -No. 1947. Mayor Krieger: Mrs; Preston are the -affidavits and applications of mailing on file? Mrs.- Lela Preston: Yes they are Mr. Mayor. Deputy City Clerk Motion by Councilman Gleckman, seconded by Councilman Snyder, and. carried, that the affidavits and applications of mailing .be received and filed' (Mr, Menard., Planning Director, read the Planning -Commission Resolution No. 1947.) Mayor Krieger: This Is the time and place for the public hearing, IN FAVOR None IN OPPOSITION None There being no,one present desiring to speak In Favor of or In Opposi- tion to the proposed zone change, the public hearing is closed, Motion by Councilman Gleckman, seconded by Councilman Gillum -,.that Zone Change No 376, City initiated be approved as submitted. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT None 18 9 C, Ca 5/8/67 HEARINGS m Continued ZONE CHANGE NO. 379 CITY INITIATED APPROVED Page Nineteen LOCATION: Site 1e Galster Wilderness Park located east of Azusa Avenue and south of Kings Crest Drive, Site 2, Portion of Palm View Park located at the southwest corner of Puente and Lark Ellen Avenues; Site 3. Future location of Fire Station No, 2 located on the west side of Azusa Avenue immediately south of Garvey Avenue, T. Request to zone all land to a public purpose, Zone P-B, approved by Planning Commission Resolution Noo:19500 Mayor Krieger: Mrs, Preston do you have.the affidavits and application of publication? Mrs, Lela; Preston: Deputy City Clerk Yes, Mr, Mayor. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the affidavit and application of publication be received and filed, (Mr. Menard, Planning Director, read the Planning Commission Resolution No. 1950.) Mayor Krieger: This is the time and place for the public hearing INS None IN OPPOSITION None There being no.one present desiring to speak In Favor or In Opposition, the public hearing is .closed. Motion by Councilman Snyder, seconded by Councilman Gleckman, that .Zone Change No. 379;, City initiated, be approved as submitted. Motion carried on roll call vote as -follows: AYES: Councilmen Gillum, NOES:' None ABSENT:.. Noise AMENDMENT' N'O , : 79 CITY INITIATED NEW ZONING MAP • Mayor Krieger: Mrs. Lela Preston: Deputy City Clerk Nichols, Gleckman, Snyder, Mayor.Krieger Request for amendment to the Municipal Code concerning the adoption of a new zoning. map approved by Planning Com- mission Resolution No. 1951. Mrs, Preston, do you have the affidavit and publication of .mailing on file? Yes,Mr, Mayor, Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the affidavit and publication of mailing be received and filed. (Mr. Menard, Planning Director, read the Planning Commission Resolution No. 1951.) ® 19 Co C, 5/8/67 Page Twenty HEARINGS ® Continued Mayor Krieger-, IN FAVOR _None IN OPPOSITION None This is the time and place for the public hearing. There being no one present desiring to speak In Favor or In Opposition, the public- hearing is closed Motion by Councilman-Gleckman, seconded by Councilman Gillum•, that Amendment No. 79, be approved as submitted. Motion carried on roll call vote as follows-, AYES-, Councilmen Gillum, 41chols, Gleckman, Snyder, Mayor Krieger NOES° None .ABSENT-, None SOUTHERLY ANNEXATION DISTRICT No. 195 PROTEST HEARING (Held over from January 23, HOLD HEARING OPEN 1967) Mayor Krieger-, Mrs, Preston will you give the council a report, Mrs, Lela Preston.*On May 3 I received 4dditional protests Deputy City Clerk which are within the area. They have not been checked against the map. The amount is 416,420. Mayor Krieger, 016,420 which has not been verified against the assessment rolls? Mrs. Lela Preston-, No they have not. The total assessed Deputy City Clerk valuation was 0468 548. and the necessary protests total $234,270. As of the last meeting -in January 23 there -was $179,240 protests, so this $16,420 could be added to the $179,240 once it is verified and would make a total of 4195,660. Mayor Krieger, This is the time and place for the c®ntinued public hearing on proposed Annexation District 195. IN FAVOR None IN OPPOSITION None There being no one present desiring to speak In Favor or In Opposition, the public heariaG is closed, Motion.by`Councilman Gleckman9 seconded by Councilman Snyder, that the protest hearing on Annexation 195 be continued to the City Council meeting of July 24,- 1967, with the Hearing held open, ®20- Ca C. 5/8/67 Page 'Twenty -One HEARINGS m Continued Councilman Nichols: I would like to know what procedure would be necessary at this "po.int for- the council to terminate this annexation at this time, rather than continue to hold this hearing open. It is rather obvious to me that we have amounts of protests representing almost 4200,000 close onto 50%. It seems to me we are reaching the point where we should follow through on our professed position that substantial majority interest be shown in the -annexation in these areas or that they not be continued and it seems to me that finally where about 2/5ths of the total land assessments are already on record protesting that it would behoove the council to terminate these proced- ures, May I inquire what would be the procedure for -such a termination, Mr. Terzian-, The Council by vote can terminate them Ass'to City Attorney right now. Mayor Krieger-, Is there further discussion.on -the motion to hold over? I would like to make one comment in response to the statement that Councilman.Nichols has made. It is the stated policy of the council that we desire to have a positive indication within the area of the people that they are desirous of annexing to West Covina„ Such a showing was made initially in the circulation of a petition before the council authorized this matter to proceed even beyond the step of the initial hearing -and we then got into the protest period of it. The protest.part of it, unlike the popular vote part of it, must be 414de by the legal owner of the property who need not be a resident of the property for the -purpose of the protest hearing. The council must, as a matter of law, if we receive protests of,.over 50% of the assessed valuation of the property, ®®m terminate the proceedings. It doesn't mean that if we receive less than a 50%-vote that we must of necessity continue with the annexation proceedings, which I believe was the thrust of your comment, But what does concern me, particularly in this annexa- tion, that we have just been receiving up to this point the protests of the assessed valuation whether the people live on the property or don't live on the property and the only determination this.council is -going to ultimately make is whether or not the people that actually live on this property are going to get a chance to vote on this question of annexation. And this is what concerns me, Councilman Gleckman-, I would like to take it a step further. Being the liaison to the Annexation Committee and having discussed with the. proponents in 195, they feel -.that at this particular time is the basis strictly for protests and that at the time this comes up on the 24th in regards to what Councilman Nichols has suggested, that the policy set by the.Annexation Committee and recommended to this Council and adopted was regarding the 50% signatures in favor of that annexation. And I feel we are obligated to give the proponents in this area that opportunity to present those signatures to this body at the proper, time which would be July 24, 1967, or at that time terminate the annexation proceedings. Councilman Nichols-, I believe that is a reasonable requests I think probably my concern is as much with a few loud mouth individuals who �0don't even live in that annexation area and writing letters to the Tribune, calling us a bunch of thieves and robbers, because we have accepted petitions from people in that area and I just want to state again my feelings that if the people in that area do not indicate a desire to join this O ity that is their privilege and that this council has not gone on record, is..not going on record, and will not go on record as seeking any area for annexation to this City if the people in that area do not indicate a desire to do so, __ I am getting awful tired of these smear letters in the paper by county fire employees and others who will stand to have their jobs transferred away from them because 21 rr C. Co 5/8/67 Page Twenty-two HEARINGS ® Continued an area might II g join the City of West Covina, I will defer to yo1Zr point Mr. Mayor and that of_ Mr, Gleckman and wait until the 24th of July. Motion carried on roll call vote as follows: • AYES: Councilmen Gillum, ^Nichols, Gleckman, Snyder,Mayor Krieger NOES: None ABSENT: None STREET TREE REPLLCEMl0, ENT PROGRAM He r rem pril d ove19 Mayor Krieger-, This hearing item was held over by the action of the council and placed on the hearing agenda of the council for this evening and treated by the council as a hearing item, _There is obviously no affidavit of publication_.and mailing. pertaining to this_. matter, .1nasmuch as this is strictly within the .City as to the recommendations of the staff of the Recreation & Park vepartment, The matter came to the City Council from the Recreation & Park Department as a,n..a,ganda item the same as it appears on the agenda tonight -under Item D on Page 6. The Council will entertain under an agenda items, public comments out of order under oral communications so that people who desire to speak to this matter will have the opportunity at the time the council was discussing a. non-public hearing agenda item. There were a number of people who indicated their interest in this matter and the council then by.action of the council placed it as a hearing item before this council,_so that anybody or everybody who desires to address themselves to this particular matter may have the opportunity to do -so. The only request I make on behalf of the City Council is if it has been said already, please do not say it again. If it has been said by somebody before you and you are here to say the same thing, it is only going to consume additional time. The council is well aware of the feelings within various areas of the community as expressed to us -personally, by communications, by letters, by letters and articles in the newspapers and various types of other forms of communication directed to our attention so that I would ask only that you be considerate of the council in terms of any remarks you have to make on this subject matter, so that at that point the public hearing is going to be closed, we the council are going to be asked to vote on it and having spent a full day at our professions and occupations and now coming down here, that we will have at 10 ast enough presence of mind and sensibility on the subject matter to be able to pay full attention to it and give it the attention it deserves. We will first receive the staff report on the matter of the Street Tree Removal Program. Mr, Aiassa. Mr. Aiassa°o . City Manager Mayor Krieger: City Manager advised me on the table here this full report read? Councilman Nichols: Councilman Gillum: Mr. Gingrich is here - I assume it is the intention of the council to have the entire report read? Gentlemen, we do have before us a seven page report from the Park & Recreation,. Department to the City Manager. The that there are 200 copies of the report placed evening. Does the council desire to have the material be made available so have all the facts supplied to to have the report read. I, personally, see no reason to consume the time since these copies. have been made: It was my request that the that when they left tonight they would them, so I see no need to take the time 22 C. C. 5/8/67 Page Twenty -Three STREET TREE REPLACEMENT PROGRAM Continued Councilman Gleckmano I have n esire to h` it read, at least no� or my bene. Councilman Snyder. I have no desire to have it read. Councilman Gleckmano I hope by this Mr. Mayor that the people in the audience are not under the impression that we are withholding anything .-from them. Mayor Rriegers I indicated to the City Manager that my personal preference was to have the whole report read. I assume from the action of the council the report will not be read. I also invite anyone present this evening who has not availad themselves of the opportunity to receive and read the report that they do so. Come- far -hard at this time and pick up a copy, there will be plenty of time to peruse it. (The reports were passed out.) Does the staff have anything to add to this report, Mr. Aiassa3 Mr. Aiassaa City Manager No, we have not. But the staff will be ready to answer any questions the Council may have. Don Veronda The data presented in the report issued 1537 E. Eckerman Avenue to you tonight contains essentially the West Covina same data as presented to the Commission Chairman - Recreation & Park and in view of that report, m however it Commission was updated to the present time ® in view of the continuing additional cost in terms of manpower and equipment necessary to process these undesir- able trees at the expense of not ppending the correct time with the desirable trees, the Commission felt that it could not ignore this problem but had -to come forth and take some action and as a result of this in October, 1965, the policy was established and the following recommendations were forwarded to the City Councils 1. As the desirable trees were available these were to be used to replace the undesirable trees. 2. The Recreation & Park DeViartment was to remove these undesirable trees as rapidly as possible based on budgetary and manpower availability. 3. That the priority for tnese trees be so designated to those property owners who wanted the trees removed $%,Ad were willing to share in the expense. This policy was I reaffirmed in March, 1967, when we had two additional members on the Commission, and in addition was endorsed by the Citizens Committee on City Beautification. I believe that anyone familiar with this type of tree must admit it is a situation where they have t-o be removed at sometime or later. The big problem facing this group is when to do it to save expense, be -cause they must be removed at sometime. Mrs. Betty Plesko., 1407 So. St. Malo , West Covina Commissioner - Recreation & Park Commission as planned would be the most First of all may I say that when we were considering the tree replacement program that both economy and aesthet ob were considered. u As far as economics was concerned, I believe the facts speak for themselves. The facts as presented by the staff and the program economic route to follow. Never have we stated that there are 5000 diseased trees in West Covina. The -diseased trees die and are removed anyway. The problem lies with the very much alive ones which - 23 - C. Co 5/8/67 Page Twenty-four STREET TREE REPLACEMENT PROGRAM - Continued will continue to cause problems until they are replaced. For the council°s information, Mr. Mayor, I recently surveyed an area of 123 residences by foot to gather first hand information. This is what I found. 60 Silver Maples removed or replaced; there are 74 remaining Silver Maples, 74 areas of raised sidewalk, cracked curbs and gutters- 145 squatres of replaced sidewalk and in many instances there is still_ a Silver Maple -existing -.-where the sidewalk has been replaced which means this repair job is temporary. As far as aesthetics are concerned I feel our City will be far more beautiful when these undesirable trees are replaced with healthy lower maintenance trees for both City and homeowner with non -damaging type trees such as. we have on our approved street tree list. Mayor Krieger.- Thank you. Mr. Clardy of the Citizens Committee on the Cities'Beautification program is present this evening. Did you desire to speak on the matter William Clardy Mr. Mayor, councilmen, I was and still 917 W. Lucille Avenue am the Chairman of the Citizens Blue West Covina Ribbon Committee for the Beautification of our City. Our committee was formed in September, 1966o We had several meetings, completed our work and presented our report to Council, along with recommendations, on January 23rd, 1967. In our recommendations, one.of them was that the existing 5 year plan for the replacement of undesirable trees in the City should be replaced with desirable trees as soon as possible. Some of our reasaning that went into this recommendation was as follows-, Due to cracking of sidewalks and safety hazards to children on, the side- walks, uprooting of curbs, lawns, sticky sap drippings and dropping of leaves, we thought these undesirable trees should be removed. In addition, because of the cost of maintaining these undesirable trees, which in the report received tonight, is estimated to be $100,000, it was felt that these trees should be replaced by desirable trees. . I believe that possibly some of the opponents to this proposal may be of the opinion that the City intends to remove 5000 trees tomorrow or possibly within one year, The Recreation &Parks program actually is a phasing program of 1000 trees per year over a five year period. Since approximately 435 trees on a projection basis will be removed this year by voluntary request, I don't believe that the 1000 trees on the phasing out program is too severe. We must recognize that we do have a problem. As a Beautification Committee we do like trees, we would like to see as many trees as possible, but we would like to see desirable trees. Therefore, we are in accord with the Recreation & Park program, We feel it is well thought out, a good and reasonable solution to this problem. As a correlating recommendation in our report, we recommended that -initial planting of larger trees should be encouraged when the undesirable trees are replaced. When a parkway tree is to be replaced the property owner should be advised that a larger tree may be planted if he pays the additional cost. The cost differential between a 5 gallon and a 15 gallon tree is approximately �`• $15. 00. Chris Justi 3133 Sunset Hill Drive I am President of West Covina Beautiful West Covina and a Director of that. Investigation was made by Directors Arnott and Johnson.. Summary findings concurred to by Director Wax. These classified trees are tall growing m 401 or more possibly, and most are deciduous , quick growing, a good shade tree, eventual deep root and maintenance problems. In my opinion trees should have bees planted 9° back of curb and not 61. Non -deciduous tree 24 C, C, 5/8/67 Twenty -Five STREET TREE REPLACEMENT PROGRAM o Continued selection, medium to low maintenance, less extensive root problem and having potential height so as not to conflict with overhead lines should have been selected. We found some evidence in certain areas of diseased trees, we found some cracking curbs and gutters. No immediate root problem to main center street sewer lines at this time. Unless root problem controlled problems to owners sewer lines, street curbs, • gutters, for the older trees of those with visible root problems now. Rest of trees will have these conditions existing in 2 to 7 years depending on the individual tree. Constant pruning and cleaning up maintenance required now, trees provide aesthetic beauty to home- owners, provide shade and add dimension -to the property and affect the concept of property value if both trees in front are removed at same time. Area known and identified by its trees. Identify those trees on thdividual basis years progress. Do unless severe damage direct communication Mayor Kriegero Place tree removal on priority levels. that need replacement within the next year. Cycle those additional trees required for removal as not remove both trees from front lot of owner or maintenance problems exist and establish with the homeowners. These are our findings. of the City of West Covina, so is the time and place to do soo Thank you. We are -not approaching this matter in a proponent and opponent manner, we are g1l here for ;the benefit if you desire to speak on this matter now John Lao Walker 327 N. Yaleton I have been selected to speak for 285 West Covina specific residents north of the freeway. I would like 10 minutes. (Granted) • 1 am representing actually most of the residents north of the freeway and we are here to express our opinion in this civic matter so you will know how we feel, and please consider that their voices are condensed into my voice. I am well aware that we are apprised of our rights and privileges to make our statements known even if we have not actually served on the Blue Ribbon Committee involved in this particu- lar situation. Many of us, since our time is t Q)compelling, we cannot mix in civic issues as we would like. The issue then that we are talking about is the removal of these trees, generally concerning 5000 Ash, Silver Maple and other shade trees from our property. And the questions as to why this is being proposed have beery discussed at some length but let me make one or two minor comments. It cannot be really because the majority of these trees are It - no one has proven that the majority are diseased. I think 5000 high, full leafed, growing trees cannot be classified as diseased when examined.. Well, could it be moot damage to the sewer? We would lake to point out to the council that of course the sewer repair to the homeowner is his own particular cost and is not a cost to the city or its problem. The only cost to the city would be the repair to sewer lines that run down the middle of the street and are 20 to 251 away from these trees at the moment. Could the reason be possibly interference with the power lines? We say no, we have information from Mr. Fine of the Southern California Edison Planning office which states that number one - his company maintains the right of way paths for the power lines and the street lights and -will prune the limbs as needed to keep these Vines clear at no cost to the city. Well could it be the problem of cracking sidewalks and curbs, as brought up? We think not. I have pictures here that I would liketo pass to the City Clerk to be passed to the council, if`permitted, showing full areas, full blocks, lined by some of these 601 trees which show absolutely no cracking at the curbs at all. In addition I have pictures here showing curb cracks where, there are no trees at all. I, of course, would, definitely like to point out that if any individual tree is damaging a curb or the sidewalk and may_I add that the cracking of the sidewalk Is not a problem in our area because we do not have sidewalks_, but if ®25® C. C. 5/8/67 Page Twenty -Six STREET TREE REPLACEMENT PROGRAM - Continued any tree is causing damage and the damage can be pinpointed to a specific tree, then we of course are completely in favor of removing that tree However, I think that in any of the curb cracking pictures we see you will notice there is very little curb cracking and none in our particular area which lessens the chance that the trees are to be blamed. Well could the reason then be falling leaves, or splitting limbs or dropping of insects. Well yes this may be a reason. So let us look at this carefully. As can be seen by thisparticular° picture these trees have not been topped-, at least not to my knowledge since I have been there, and the trees have been pruned one time since. I have lived there. I feel it would be m error for the city to make a mass removal of these trees just because they have not been topped or pruned properly because of the beautiful shade they give and we do not want to forget the effort the residents themselves put into the trees the trimming that some of them did themselves, the covering of the roots which protruded above the lawns and other things to try and make these trees stable and beautiful. In fact one resident writes me o Mr, & Mrs, Slater - P9We have waited 12 years for our trees to produce shade so we could enjoy them. To have them removed, or replaced by small ornamental trees is neither fair nor equitable.BD We will agree there are fallen leaves and limbs, but is this then -the only reason that these trees are to be removed? Is the problem the money to take care'of the situation? Let's look at another monetary problem. The monetary aspect of removal would hit us property owners, the beauty that would be lost and cause dropping of property values for us on our homes, and we would also have to stand much of the cost of the removal and the replacement of the trees. Let's reason together on a more positive note. We, who have these trees are willing to stand a maintenance assessment for the upkeep of these trees. We feel this cost is preferable to a mass removal cost and helps us keep the beauty of these trees until such time as each tree is judged to be worthy of removal through damage or disease. I really must say that a strictly dollars and cents outlook on this is a rather narrow and undignified approach to take to a problem of this sweeping magnitude, because there is mor-e to life than money. I feel. that the beauties of nature were given to us by a wise heavenly father to add -depth and richness to our lives and may I quote part of another letter - " You despair at the proposal to out down the beautiful trees in your community. It is certainly understandable and it is my hope that communities will weigh most carefully projects that might destroy trees and evaluate the gains and losses before final decisions are made. All across the nation citizens and civic leaders are beginning to realizd that attractive surroundings can be a recipe for better business and a more attractive way of life. Your constructive interest in your community is most ,welcome. With best wishes. Sincerely, Mrs,. Lyndon B. Johnson.°. Gentlemen, I grew up in the country and Ireallly know what children mean when they come to our house and exclaim over the beauty of our trees. We had horses on our ranch, ducks, rabbits, .chickens and lots and lots of trees. I remember those trees well, They Made a great impression on meo They kept me quite close to the beauty and strength of nature. They Dept me close to the sense and purpose of the natural world. A place of retreat from the hustle of the so-called civilization and I used to lie under them and just stare up -at the branches and admire them for what they were. I would like to have these feelings for my children and these feelings cannot be compared to money. Compare the shade to this picture taken a few yearns ago in our particular area when they were very small trees and provided no shade and no particular emphasis- to the area. I will pass this on to you but would like to have it back, it is irreplaceable. I have the names here of 250 specific residents who. agree with my particular point -of view. These names appear on a, petition which reads - "To Mayor Krieger and our City Councilmen., We the homeowners of West Covina, California, with due concern for the ", 106 of oTrr nropertir i d rr�A.e in our city submit this petition request- - 26 - C. C® 5/8/67 Page Twenty -Seven. STREET TREE REPLACEMENT PROGRAM - Continued ing that the trees in our city not be removed. We feel that our whole community will suffer if the present plan of the Parks Department is carried out,as recommended. If and when it becomes necessary to replace a tree we request that the replacement be a tree and not an ornamental shrub. May I submit these to the councilmen? They are generally in the area north of the freeway and west of Sunset o Hollow, `Ialeton, Poxdale, the Workman area, Nora and some from Idahome and various other streets in that particular area. So I am speaking mainly for north of the freeway. We have just one more quote we would liks to make? This in a letter from Daniel A. Martin, Jr., Assistant Director of Recreation, National Beauty of the U.S. Department of the Interior. 04Secretary Udall has asked that we respond to your letter of April 5, in which you expressed the acute concern about the cutting of 5000 trees in,your community by local government. We share your distress that 15 year old trees should fall in the name of governmental economy. We were surprised to learn thst the city government would take such action as most cities conscientiously budget for the care and maintenance of trees on city property and treat the cost of weed abatement and rubbish disposal as a normal operating expense displaced through the local tax system." Gentlemen, as far as we are concerned these trees are like children. They may have their runny noses and bumps and scratches and of course they take a lot of care to maintain but we, the -local residents in this specific area, we like our children and love our trees and feel they are well worth the effort. Gentlemen, we ask you and the council to consider our positive,proposal in this particular matter and ask that we may keep these symbols of beauty that • make our City so desirable. Thank you. Harold King I a;n residing in the Orangewood Tract 1520 Glenmere and to mj jcnowledge in that entire section West Covina there iV',,,* ly one tree, that I know of, that has caused any damage whatsoever. This tree -is diaganol from my house across the street, and -this property owner forced fed it with sulphite of ammonia - the tree is much larger than other trees in the area and did cause some sidewalk damage. The City has replaced about 6' of sidewalk by cutting the roots from this one tree and repaved, other than that I know of no trees in that area that caused any curb cracking or sidewalk damage. The leaf dropping is something we have to put up with. It is not particularly desirable but for myself I pick up the leaves and the city takes care of them on Monday when they come through. The sap dropping is no problem if they don't park their cars in the street and if they do a hose washes it off with no trouble. I have three Silver Maples and these trees are about 40' tall. They are very healthy, very beautiful and speaking for myself and my family, I would hate to see any blanket policy of tree removal. We are very fond of our trees and we think the trees on that street add to the overall beauty that would be detracted by the removal of one here and there, piecemeal over a period of years. If you do it over a period of years you are going to have small trees scattered with big trees and before too long they will all be rather small trees. So 'peaking for myself and my family and some of my neighbors that share my views, we would like to see the trees in our area remain. They are • causing no damage. They are healthy and beautiful, Mrs. Roberta Ericksen Rather than say anything, I have a 1242 E. Idahome question. Back there I notice the map West Covina and the legend and I don't know what it means. I thought if someone could explain it. (Mayor advised that during the council discussion the map would be explained.) 27 C. C. 5/8/67 Page Twenty! -Eight STREET TREE REPLACEMENT PROGRAM m Continued Mr. W. H. Dunning I am representing Meeker and Sunkist. 1246 So. Meeker Here is a list of 135 names and West Covina, California pictures .of the area. This is south and some are north. Generally speaking I think we would be willing to assume the responsibility of those trees ourselves too and concur with the ones that went ahead of me here and leave the trees alone. If it gets to'be too much maintenance, I think we can take care of them, Mr. Pete Valhose Gentlemen, `I thank you for -the 1019 Spruce Street privilege.of speaking. I would like to West Covina make a comment. I was present a month ago at the council meeting and it was stated to us that we should hwve participated in Mr. Clardy's Blue Ribbon Committee and why did we not? I don't know why all of us citizens did not participate and I don't want to go into that, but I think we do have the right to come here this evening and petition and request our city council to hear us whether or not we served on the Blue Ribbon Committee. I have raised a question at that meeting as to the cost of the removal of these 5000 trees o we raised this question - many of the property owners at the Park & Recreation Commission meeting earlier and again we rai-sed it a month ago. I have not seen a cost to remove the trees and plant new trees'. Maybe there is a cost? Another point, if we remove these trees by the admission of the Park & Recreation Department there are no,best trees for a parkway, they all have problems. There is no ideal, perfect best tree for a parkway. Are we trading the Silver Maples,, the Ash and the Elm o which are a problem tree for another tree or group of trees which are also problems and in another 12 or 15 years from now we go through our City and remove these trees and you will see all our faces again or our children? We at the earlier meeting presented signatures of 164 residents. This group of signatures were from a very small area south of the freeway. We realize that eventually these trees will have to be replaced because they will become either diseased or wind damagedand will eventually have to be replaced, but we want to keep our large shade trees now and if the time comes that they are doing damage to the curbs or sidewalks or -we realize that the city has to remove the trees and replace with a smaller one that we will have to accept that. Thank you. Keith L. Anderson Mr. Mayor, I would respectively like to 1245 So. Sunkist correct the record on the background West Covina that the Park & Recreation Commission has submitted to us. Being a resident of West Covina since 1950 I remember that -the city grew these trees in the back of City Hall here and the trees were given to the subdividers to plant for growth and beautification and it was thought at that time that these were the proper trees and I believe they grew wild in back of City Hall until 1960 when they were removed. The residents in our area feel very strongly against having our trees taken out. We feel like the people on the north side of the freeway feel. They are like our children m have grown and developed in their way by the growth of these trees and the warmth and friendliness of our particular area has magnified by this. We have many people visiting our area from many communities and sayi-ng that it is one of the most beautiful areas in Southern California. We believe it would be a very serious detriment to the city and to the property owners to take our trees out. Richard Rogdensack Mr. Mayor._ I have lived at my present 1525 So. Sunkist location just about the same time as West Covina we finished building Willowood School, I am no tree specialist but they put up some new trees not too long ago and they look just like Silver Maples,, and I think it should be checked into. We are talking about cutting ® 28 0. 0. 5/8/67 Page Twenty -Nine n U STREET TREE REPLACEMENT PROGRAM ® Continued these down at the same time we a-ight be planting the same thing, Councilman Snyder: Is that in the Parkway? Clara Kogan I have a sister that lives in Lakewood 1518 Hollyoak Drive and when they first moved there they West Covina had a flowerling plum planted in front of their house. The tree never got more than 7' tall. The City got discouraged and took them all out and charged them and they put in another tree which is.a holly tree and they still have a 7' tall tree. They still live there and whenever any one comes over from that neighborhood to our neighborhood they say 8°I wish we had real trees like this." Mrs. Martin Kellsy I want to say that all of the pictures 312 No. Foxdale we made and the letters we have received, West Covina and the walking we have done and the calling and everything is from people that are sincere. The people that really are West Covina. You complain that there are not people present at council meetings, well we are here tonight. We are living here and we are educating our children here. -These people that the letters we have written can't interfere with local government but they express better than we can, because our vocabulary is limited. If you take our trees you are taking part of our homes. You don't live in our • neighborhoods o none of you do so you can't feel like we doe Maybe we are just names on a piece of paper but drive through our streets and imagine where we live and what it will look like without trees. All you have to do is look out across the freeway and you will see a barren land, because that is where we live_, I just think you should put yourselves in our place, we don't have fabulous homes and our trees add to our homes. These letters can't interfere with local government and I saw quite a few smiles as people looked at them, but I- can't type. Each of you know that my writing is pretty bad, but someone high up took the time to notice and I hope that someone here will. Thank you, Mrs. Elaine Johnson Before coming to live in WestCovina, I 307 No. Morris Ave. lived all my life in Chicago.. The home West Covina we left in Chicago we lived in 9 years. In front of our home and all along South Park Avenue in Chicago were huE.e Chinese. Elm trees, the most beautiful trees you ever wanted to see. They were at least 25 years old, when I left Chicago and from the letters I receive from neighbors in Chicago they are still standing. Those trees bear snow every winter and they are a fabulous sight when covered with snow. This is weight - heavy weight and I never knew of a limb to fall in frost of my house. I have a Maple tree in front of my home in California but in Chicago in the back yard there was also a beautiful maple tree and when I went back a few years later that tree was still very beautiful. One of the things that we were attracted to when we moved on Morris Avenue was the shade lined street, it was like the home we had left in Chicago. This to many people is home. Without our trees our homes would be barren. I notice in the report here that 5 out of 8 cities you mentioned considered the people as taxpayers and individuals and human beings and that the only time the tree was removed was when it was a hazard. Our trees in front of our home and across the street and all around I have never seen a curb that has been cracked from them. As far as a slight dripping we park our cars in front of our m29m C. C. 5/8/67 Page Thirty STREET TREE REPLACEMENT PROGRAM Continued home and my husband has never complained, since we have lived there and that has been 10 years now. I cannot see any reason why there should be an additional cost to the taxpayers to have a tree removed or replaced unless it is definitely necessary. There is not one person here who would remove one part of their body in any form unless it was • necessary and I feel the -very same about trees. To myself and my family the tree is a human thing because it was created by our Creator and I cannot see any reason to take them out and replace something else that might create as much or more damage and might not look as beautiful and certainly Morris Avenue would lose a great deal of beauty. Thank you. Frank Murillo Everybody is pointing out the beauty of 140 No. Lime Avenue the trees and everything, but it seems West'Covina like the council is concerned with the cost of maintaining the trees. In going over this report, Exhibit A m labor required to maintain a tree 3 men m 2-1/2 hours per tree. I have what I guess you call one of these drippy droopy elms and so does my neighbor. They had an independent crew come in one Saturday and I watched him, one man did both of their trees in 1-1/2 hours. And I was wondering why it takes our city crew longer to do this. I think if we are to ®king for cost savings and things like this we ought to look for efficiency in government. And that is all I have to say. Ellen Thon I Just want to ask a question. What 315 No. Foxdale and in whose opinion is a tree West Covina undesirable? My trees are very desirable to me and all the things that the_city claims are wrong with them are not apparent in front of my house. There are no cracked curbs, I enjoy the shade and they are most desirable _and I • would b-e most ,unhappy if anything happened to the trees. In fact the only time I was ever unhappy with the trees was when I came home from work one night and found that the city had pruned them almost -half way up the tree and this was a very great disappointment to me and the only time I was unhappy with the tree. Undesirable is a pretty strong word and I would like to know what is considered undesirable in a tree. Mine are very desirable. Thank you, Ed Port I think it is very seldom you get so 151 No. Lang many people to agree on one thing_at West Covina one time especially this late at night. I think it is quite evident that we are very serious about our trees otherwise we would not take this time and energy. This gentleman made quite a report on it and put a lot of time on it. I think you gentlemen should take this into consideration and realize that we do love our trees .and perhaps approach this subject with a different look at it, letting us in on it and, perhaps we could help you out with it. Mr. W. H. Dunning: These trees that we have are 20 years old, I assume they have reached full growth and we have no damage to curbs or anything else. I think it has been said here several times ® we didn't appreciate the way the city came in and trimmed the trees either. We never asked for it but we got it. We took care of our trees and all of a sudden they took over ' and they were going to take care of them and boy they did. There being no further citizens desiring to speak, the public portion of the hearing was closed. Discussion by the councilmen. Councilman Gillum: As you are all aware I was. out of town the evening this came up,to be very honest with you I have been quite surprised and in some cases shocked.. I listened to the tape from the m30- 5/8/67 Page Thirty -One STREET TREE REPLACEMENT PROGRAM o Continued hearing the day I returned and made a trip through the City in the designated areas indicated that have trees that have problems; I have seen, myself, some trees that could create a problem and some within these many areas that are creating problems. But I'think the unfortunate thing was, when this was started it was a singere desire •to help the City with the problem, but then we started getting things like this through the mail, letters to the editor and letters from people getting downright nasty about it. The City, is not about to dome on your property and take your treesq I can assure you of that. What I would like to remind you also is that these trees are on city property and are a city responsibility. I am sure if someone was driving through the City, down your street and.the.tree should happen to fall they would not sue you but the City. I can understand and appreciate your feelings. I came out here from Sot.h Pasadena in 1955 and bought a tract h®use. It is off of Orange Grove and I dug and scrapped and watered like the rest of ou and finally got the trees to grow. When I bought my house it was il-3,500 so I don't think there is much difference in our homes in price. I do think we have a responsibility to all the citizens when it comes down to an area that is going to cost the City. My wife has asked me, the newspapers have asked me, and the people at my church are. asking me - what are you going to do about the trees? I haven't told a soul because I realize it is a very emotional problem�.but I can say this to you and I believe this sincerely,, when you have a barrel of apples and you have one or two bad ones you don't destroy the barrel. And, this is my feeling and I think that there is a way the City can be protected from a law suit 74td damage._ To give you an exampled the tree I planted is breaking my sidewalk so I am sure the city is going to come along and remove my treeo.It is a very large shade tree but I am sure the city is going to come along and take it out. So I realize what you are faced with. I do admit some of these trees are very beautiful. Driving up here today and the other day in the warm sunshine and going over the route that I had decided to take and looking over the things I saw, and thinking what I believe should be done, I _.think this gentleman mentioned that you would like to work something out so that we would all be satisfied and I.am sure it can. But honestly I want to say these things get to the point where it gets out of hand. Some of the letters �Ye ?received and some of the letters to the editor I am sure you wouldn°t believe. We are trying to do the best for the City. We are five fellows up here and we are trying to make a decision,, We are going to make some wrong ones but we hope we make the right ones most of the time. I have given it some thought and I think there is someway that if a person has a tree that could cause problems that some k1-hd of a performance bond could be put up that would guarantee the City that if and when the tree reached that point that it should be removed that it could be and not at the expense of all the taxpayers. But to be honest with you and I am sure it was not meant to go through here with an axe and cut out 5000 trees in one year. Believe me we couldn't afford to do it if we wanted to. I believe it was caused by a lot of misunderstanding. I was told by some people that they understood the city was going to take out the tree and charge $150. and then going to put in sidewalks and charge them $150. more. So there would be $300 on their tax bill. This is not trues I am very happy to see all of you out tonight. The onl�r _way we can hear frm people and this is the--uriiortunate part of government, is when something happens. We do appreciate your comments, letters and feelings. Don't ever get the opinion that we are not concerned about it. To be honest and blunt about it we are re-elected every four years ® I think some- body mentioned it in the paper to remind the voters in this City. We are not going to do something that would cost the balance of the 60,000 plus people in this City some additional funds. We have an obligationto all the people in the City and I think you would agree with use ®31�. Co Co 5/8/67 Page Thirty-two STREET'TREE REPLACEMENT PROGRAM ® Continued I do think maybe something could be worked out along the nature of a performance bond where the property owner would want to share in the cost of maintaining these trees and when they reached the point where they were doing damage or could not be maintained or taken care of, then the property owner ® and I think you will agree with me then • in certain areas they should be taken out when they reach that point. I want to thank all of you for coming out and staying this late hour. 1 am sorry we don't have something else to serve you besides the drink machine out there, Again let me say, I don't believe that when you have a barrel of apples and a few rotten ones appear you don't throw the whole barrel ou-u, and that is what I base my whole philosphy on in this street tree removal matter. Mayor Krieger.- Perhaps, if the council has no objection, we could have Mr. Gingrich explain the map that is on the board. No object -ion, Mr. Gingrich explained the map,) Councilman Nichols.- Mr. Mayor, because it is so very easy to digress from the salient points I have made an effort to prepare my conclusions in writing and I would therefore beg the indulgence of the chair and promise you I will be much more brief by reading rather than speaking. I have read and studied the staff report and all pertinent material relative to the present issue concerning the trees. I have reached several major conclusions. First of all, it is apparent that whether or not 5000 undesirable trees are removed tree •maintenance costs are bound to rise significantly, Even though page 1 of Exhibit A,that is in our hands, shows that a.maintenance force of 6 men would be able to handle the full city colAplement of 20,000 desirable trees, other cities comparisons make this an uncertain possibility to say the least. For instance of the 8 other cities.surm veyed, all mrre mature communities than our own, only one of them has fewer trees assigned to each maintenance man ® Arcadia has men sufficient so that one man can handle 3750 trees whereas the -current disbursement for West Covina would be.on a basis of 3300 trees per employee. On the other -hand all the other reporting cities show a lower ratio ranging from 3000 trees per tree maintenance man in Pomona and Monterey Park to a low of 1900 trees per tree maintenance man in Fullerton. So it is obvious that as our trees begin to mature all over the city, not only these that are supposedly undesirable but all types of trees that our costs in terms of needs for manpower are going to increase. Listed on page 2 of the staff report are listed the undesirable qualities of the undesirable trees, yet it seems to me that except for one or two aspects - drippage for one matter, root growing�on ground surfaces for another, most of the problems listed there as being pertinent to these undesirable trees will pretty well apply -to any tree that reaches the state .of maturity, with regard to the neea nor topping., pruning, traffic clearance, etc. So again it seems to me that it is obvious that our costs are going to be increased as we go into the future. I think when the staff projected future costs, perhaps they did not have the background of experience with some of the other types of trees that have not been in the community as long_ as our unde-s-ira;ble- tr-ees, and when they projected an almost stable futur-e cost or handling these other types of trees, this seems.a little bit difficult o accept. I honestly believe that the report from the staff in all probability gnd-certainly without intent, has tended to minimize the future somewhat on known costs for the so-called good trees and has, because of the greater recent experience, maximized the cost for the bad trees. ®320 C. C.. 5/8/67 Page Thirty -Three STREET TREE REPLACEMENT PROGRAM ® Continued The final point I would like to offer to you fellow councilmen, is that among the 8 cities surveyed only 1 Lakewood o indicated it on a program of tree removal without citizen involvement. In every other city without exception the city removed trees under basically two conditions, either by request of the property owner or where damages or dangers were factors that were present. Even in those cases in most of the cities trees were left In -place where property owners were willing to assume a legal responsibility for financial reimbursement bf the costs. In my judgment, we in West Covina should follow the course set by the majority of the cities that have had experience in these matters If the tree is truly dangerous or is causing damage of sidewalks, etc., I would agree the tree must come out unless the property owners wish to reimburse the city for the additional cost of repairing the damagesa Otherwise I think we would be in rather an unjustifiable position to make an advance commitment here and now for the enmasse removal of 25% of our city°s trees over a 5',year period. Finally, if no other point would carry sufficient weight, I wotil+, like to conclude my remarks by stating that at the Recreation & Park Commission meeting some weeks ago the representative of the Recreation & Park Department commented to the Recreation & Park Commissioners that in fact the city°s tree program at the present time was going full steam responding to requests for tree service and that without significant additional personnel there could not be any significant action in the removal of trees in a program of this type. They stated to us they are removing trees by request at the rate of 435 and if that rate continued and were projected over a 10 year program that would virtually take care of all the undesirable trees so that in 10 years it might be accomplished with the cooperation and insistence of the community rather than the antagonismcf the community over the removal • of trees on a five year program. In conclusion, and to show you how sometimes we can find ourselves tangled up, I took some data from•the report and I would like the staff later on at their convenience to respond to this. We are told that 6 men can service 20,000 trees in West Covina if they are all of the desirable types, that is all kinds of trees except the three listed as undesirable. This figures out per man year of 3 033 trees, At this rate 15,000 good trees then could be serviced by 4.5 man years, yet we are told we will need to increase ohr work force from 6 to 16 men in order to handle 15,000 good trees and 5000 undesirables. This means then we would use 4.5 man years for 15,000 and 11.5 man years for 5000 trees. It is obvious that the bail tree that is giving trouble is more costly but I am wondering if it is really based on actual valid experience of other cities and is 7-1/2 times more demanding. Pomona with a total of 30,000 trees and only 1500 fewer undesirable trees tbg n West Covina has only 10 crewmen and does not anticipate hiring any others. I think we should look long and carefully before we commit ourselves to a mess removal program. We should get to it and do the job that needs to be done but do it prudently. Councilman Snyder, This meeting here tonight demonstrates one thing, that you can present all the facts you want on a proposition like this but you are not going to convince anybody because this is an • emotional issue and nobody is going to listen to fact. The two previous speakers have mentioned a method of removing these trees not enmasse :but prudently but they don't propose any workable program for doing this ptudantly, it is obvious because of the emotional impact of this and I didn't hear any speaker out here tonight disapprove one statement of this report, but because of the emotional impact of this the city is gDing to have to compromise and find a way, perhaps on a longer period of time, of removing these trees selectively. Somebody spoke about our removing a part of the body because they might be like a tree, and this again is an emotional appeal, but as a doctor I know this is sometimes n4cessary. If we have to recommend this we recommend it because we know it is for the good of the whole person. 0 33 0 Page Thirty-four STREET TREE REPLACEMENT PROGRAM o Continued I believe the staff report is factual is true and that what is proposed here is necessary, however, I think what I would like to see the staff do now is come up with some method of selectively removing these trees and where the desire is that the tree not be removed by the householder that we institute some method •of instituting a bond. I don't think just signing a statement would be sufficiently legal. If that cannot be done then I would be for adopting the staff recommendations as stated. Mr. Walker in his speech said he had a positive proposal but I failed to hear what it was, so I would like to ask him at this time what his positive proposal is. Mr. stalkers Sorry if I didn't make that absolutely clear. The proposal had been that the homeowner who is directly benefited by having the trees be permitted to involve -them-selves in a cost assess- ment program where they can pay some of the cost in addition to what the city refers to as a normal maintenance cost for taking care of these trees, rather than our being required to pay a removal and replacement cost. I think we would much prefer to pay a particular amount of money to maintain the full grown trees we have now in their beauty rather than a full, amount for replacing with a small tree. Am I clear on this now?_ Councilman Snyders You are clear on ii, but... well the issue has been all muddled up here. No one denies that these trees are - beautiful, no one states that all thes-a trees are diseased and again it is my job in city government to work for everybody. Again no speaker here tonight has disapproved any statement in this staff report and on the basis of this and in good conscience I can do nothing but support the staff •report except if somebody can show me a compromise. I don't really see a compromise in the offing. Councilman Gleckmans Mr. Mayor, my position on this matter has not changed but it behooves me . to make a few remarks to this captive audience. When I read the letters that came from the Interior and from Mrs. Johnson and she not being familiar with our unique problem and what it is and refer to Covina as being the bad -ones, well I had to laugh, but getting back to the situation, as I previously stated I disagree with some of Doctor Snyder°s remarks. I think in city government if we just made doll,arwise and efficiency decisions why the same thing is going to happen to the trees that has happened to the hillsides and right now we are all fighting for where can we come up with a hillside ordinance to protect those beautiful hills, meanwhile they are all gone because we became dollarwise. As far as he tree program is concerned our only alternative is to pick out other methods for what eventually may have to be started as mentioned in the report, I complimented the staff and the Commission because I felt they were both doing their job as we as a council tXpE-,r_­T of them and their recommendation to this council, was in no way, as far as I am concerned, in the wrong from their position without looking at it in the emotional standpoint or aesthetic viewpoint. But I think we are charged with an additional responsibility being the city council in this city, and that is to seek out what the citizens want and whether we can afford to pay for it. Now in our budget, which we get each year and Mr. Aiassa and the council and the staff know that this is the number one go= around, that the staff and city council have every year that they don't see eye to eye continuously and that is because money is limited, that this particular program plays a big part in and the mark &Recreation Commission as well as the staff m that is their Job to fix .it into the budget. On the other hand I don't feel we have to spend anymore money than we have spent in the past on a five year program stretching it to a ten or fifteen year program on the basis of which if they are diseased and causing a problem, take them out. - 34 - C. C. 5/8/67 Page Thirty-five STREET TREE REPLACEMENT PROGRAM - Continued If the people in a particular district hy it e a few of these trees and Quite a few are on the borderline ungdiseased or on theborderlinee if causing -a problem suQ.Li ad uurb and gutter, I think at that time that it is the responsibility of this .body to initiate at that time the type of action talked about in this report, either in the manner of performing some type of -a distric,and I think this falls in line with the report and with what t.Mr. Walker was talking about. Some type of district where the citizens in that section want to continue to keep the trees that -are there, pay the cost and not the city at large pay the cost. As far as I am concerned this is the most equitable program I can figure in order to maintain our aesthetic values and still do our responsibility to the rest of the community that does not have this problem. I think we all are not only interested in the future of this city but I think the beauty of this city is an important factor in this city. Now if we can only pick out the flowers or something else to argue about to get some more people down here to understand that our position is not just out and dried and the one -area .'.n which I do take offense too and I am sorry to say this, but I would be remiss in behalf of this council if I didn't it was a remark in one of the letters saying petitions, appeals, appearances, etc., would not take Its toll as far as its weight on this city council, and I feel it has and always will in any civic body where there are elected officials to serve the interests of the people. It is the only way in which elected officials will be able to.understand the opinions and that is through petitions, letters, complaints . The Citizens Committees formed in this city was probably the first step forward in bringing some identification to our community that we are a city and not just made up of little neighborhoods. As far as I am concerned the evidence tonight with petitions coming from the north side, the south side, from people who are interested in this city as a •city and its aesthetic values. Again I repeat to you I have not changed my opinion I think aesthetics are important and as long as I am on this city council I will fight to maintain them. Thank you. Mayor KrIeger3 There has been occasion to indicate to the people that have come out tonight certain subjective feelings of the councilmen although this is typically an area of councilmen discussion where the councilman must either prevail or fall on his point of view in convincing other councilmen as to what would be the correct stance to take. I will digress as. well as my colleagues on the council in making a few comments to you people that have come out tonight. First of.all.I want to compliment you. I think there is a certain tendency to have a-Roman.eircus on an issue such as this and.if there were.any people in or out of West Covina tonight that expected to see this I am sure they -will leave sadly disappointed, because this was calmly Jaeard and I think by everybody that spoke tonight, calmly presented.- they spoke the way they felt and I am sure we can take them at face value. For this reason I want to state to you publicly, as one member of this council, and I am sure the other members -agree with me� we appreciate the way you came down to .discuss this matter with us. The final decision has to be ours, that is -what we are elected to do. This is an extremely easy matter to be a good klxy in. In fact I can think of very few matters that come before us, and this is my fourth year on the council, where really the issue is so easy to be a hero, and that is the problem with it in its 62:6arest sense. I would like to clarify one point raised,, that I heard a great deal of misunderstanding about. I got a tape transcript of the matter we had before us in April to make sure that therewasn't something I said that was subject to this interpretation regarding the. Citizens Committee that Mr. Clardy chaired,, I would like to read word for word what was said an the tape about that'C-itizens Committee. I said ® "I have heard some comments tonight by a number of people that are appearing before this council suggesting that this is a program they knew nothing about, that this comes to them as a surprise almost smacking of a devious plot to denude their streets of these trees. This has been before this council - 35 - Co Co 5/8/67 Page Thirty -Six STREET TREE REPLACEMENT PROGRAM x Continued for some period of time starting in October of 1965, In May of 1966 a letter went out to every citizen in this community, if any -of the people that are here tonight lived in the community in'May..of 1966 they received one," That comment was directed merely and specifically and I think explicitly at anyone that suggested there was a number of inferences,. that this was a behind the scenes situation. That comment was to point out that there was no more unlikely way to do it, if we had set out to do it, than do it in the way it was done, if we wanted to do `anything behind the scenes. It was never intended, and there was never any remark to suggest that if yo-u did not .serve -on that committee that you forfeited your right. How could we ppo..ssibly put 65,000 eop-le on any c ittee? Or the entire adult po ulation_ on. any. commidee? Ih -ope it s�Imulated some interest in these Oommittees because we are just begin® ping them. We have Just completed.6 out of 15 or 16 that are going to be working in these areas. Now to the matter at hand, I really have not heard a basic difference on this council. It seems to me we are not talking about policy, we are talking about programs, we are talking about implementation. I haven't heard one councilman suggest that if the tree is causing the situations that the staff suggests it is caus- ing and says it is, that we should leave that tree in. And that comes to the programming of it. How do we implement the program to remove these undesirable trees or the trees that have characteristics of:being undesirable? What is there that we are concerned with as a city council? WYy should we spend our time talking about these people's trees? Is!it because g ey just happen to be on Cityproperty and we u t hfpfenE to have a legal liabilityfor it and a leg al responsibilit i�or ut even if we would like to shirk or were disposed to shirk it, we could not do it-. They are on our property and we have the responsibility of doing something in this area. • The aspect of the policy boils down into two areas. One, repair. In other words the destruction that these trees are causing and require repairs, The other is a continual maintenance program from year to year. I don't know why this problem is lucky enough to land in our laps in this year 19677. Maybe it is our year, but more probably it is the trees' years - some of them have aged and reached the point where the staff finds themselves also with problems in this area. Now to suggest that this Council is individually or collectively not con- cerned about it because we may not live con a particular street, is a bunch of hogwash. We decide things Monday after Monday night, and we don't live on the streets. All we did was three or four years ago decide that we wanted to have some say about the City, how it was run, some positive.say about the way it was run and.we ran for City Council. We don't have a district system in the City of West Covina, and I think it is good we do not; we run from the City at large. We go all over the City, we.talk..to people all over the City -and we like to think and maybe. it is naive, but we like.to..think.we represent every.bod.in this City. We .are .not :concerned .about your street. geography, whether you live closeto us or next door to use I have seen:this council decide some. issues that were on their street and right next to them, that were hard decisions to -make, but they made them, they met up and faced up to them, they Aldn't .say ®,that's my street, my neighbors, my house, I am going. to go fight for. theme. Now most of us went out in the field on this issue, as well as every other issue, where we are not personally acquainted with the situation as to what the problem is. A field inspection was individually conducted so we are not being faced with a situation that we are totally ignorant of. We take these responsim bilities seriously and we acquaint ourselves with the information both from the staff and our own personal inspection. When we get to programming and I think this is the crux of the whole thing, when we get to programming m I am still looking for alternatives. It seems to me we have a problem and we recognize the problem and I don't think we have a basic disagreement on the policy, but the City has ®36® Co Co 5/8/67 Page Thirty -Seven STREET TREE REPLACEMENT -PROGRAM ® Continued a responsibility and must do something about it. The staff cannot unilaterally do it, it needs direction from the council to do it, so they are looking to use The Recreation & Park Commission fulfilled their responsibility as to how it should be done and now it is our preroga- tive here to say that -either we accept the policy as a continuing .policy or we don't. I suggest that -we accept the policy as a continuing policy in this city, because it is a problem that we know we have and I think each one of us recognizes it. As -far as implementation of the program is concerned, the proposal that has been put before us by the staff and the Recreation & Park Commission is a projection over a five year period for the substitution of trees, not the elimination of trees, but the substitution of trees. None of us can argue for a moment that we are talking about the in specie tree that we are going to be able to go in and put in an in specie tree: We still have to face up, if we say 'tnor'- this is not -the way to do it, then it is our responsibility to say if accept the policy that we are going to accept, how this thing will be done. In talking to the Director, I find that 350 to 400 trees a year are replaced on an request basis. People come in to the city and say ® take -them out. So they have been doing this for sometime now. If that were to continue and the program as proposed would be implemented we are talking about an additional 500 to 600, depending upon the requests during the year, that have been averaging 40 m 45 a month ®® we are talking about the difference between that and a designed program to remove these trees; If this is not the way to do it then I would like to know what alternatives I have to vote on. What are the other ways that we are going to do it? 'I will not, as a councilman, delegate it to the staff to start making a lot of subjective decisions in the field. Because if you do that I suggest to you that we are placing these men in an untenable position and we will be confronted •with the people - meeting -after meeting ® asking us ® why am I.being singled out? Why is it my tree and not my neighbors tree? I think i_f we are going to adopt an alternative, theij it has to be a firm.. fixed and applicable alternative. And that is not by one of our staff men that is out in the field ® as to whether or not that tree comes out or not. As they presented to us, it is a designed program. There is no question -but what this is a hard question as far as the implementation is concerned, but.the implementation of it permits us the scheduling for these things. The property owners throughout the community have voluntarily submitted themselves for the removal of these very same trees by coming forward and asking us and the staff is saying to us now let's provide some rhyme or reason to_ these removals so we will have some continuity as far as our services are concerned and the hiring of our departments are concerned. If there is some other way to go about it, if one of you gentlemen can suggest it to me and it has some merit, I will be happy to hear it and consider it, Councilman Gleckmane May I make a suggestion Mr. Mayor? I notice that Mr. McClay is in the audience and I hope that Mr. Gingrich or Mr. Aiassa would not mind if I went through you to Mr. McClay and ask him if he has any comments he would like to make at this time, Mayor Krieger; Will you step to the microphone sir? Mr. Larry McClay I would like to make one suggestion, I • 20923 Stephanie Drive like these Blue Ribbon Committees and Oovina I would like to see you appoint a Supervisor of Parks Blue Ribbon Committee from this group to work with staff and see if we can come up with a real good recommendation to offer. Thank, you... Councilman Gleckmane Mr, Mayor, let me say I agree with most of your remarks and when I say most about 90%. 10% I have some doubts because I didn't get the meaning really such as to the substitution of trees. I don't think there is any question in the mind of this council as far as the substitution of trees, but it is on what basis that you referred to, =37® C. Co 5/8/67 Page Thirty -Eight STREET TREE REPLACEMENT PROGRAM - Continued I think that this particular program that was presented to us was presented by staff so when you say ® what alternative program ® I think they are pretty well equipped to deal with that, if we desire an alternative program, And I think it is job of this council to give - them direction as'to whether they do desire an alternative program or adopt the :one they proposed. And that is what I am proposing at this time. I think there are alternatives and I think our staff is prepared to come up with an alternative, if not now, at least give us some basis for a discussion, so that we can say alright fine we agree with you or.nb, we do not agree with you. I know in the past, whenever this council has made a decision as to programming something, we have gone with staff advice and I seek it at this time, Councilman Gillum: I would go along with Mr. Gleckman's suggestion and again we have relied on staff for many things in the past as far as recommendations and many times in the past we returned it to staff because we were not happy with the recommendation. As you stated earlier.. this was a sincere desire by staff and the Recreation & Park Commission to do what was best for the community and the people concerned in the community. Again it is an emotional -problem and a hard ane to deal with. I am not sure I can sit right here this evening and work out a program that would be satisfactory to everyone in this city and in this room, but I think someplace in this area is an area that can satisfy the majority of the people and the vast majority of persons in this community. We are not going to satisfy all of you, like Mr. Krieger pointed out, when we out down someone else's tree they -are going to say ® why my tree? But I do think someplace between staff and the - council that there is an area we could find that would be satisfactory to the city and to our responsibility to the remainder..of the citizens and • the people in this rooms Councilman Nichols: The only thing I am really adamantly opposed to is that this council take a policy statement that will say in a five year period we are going to cut down every blessed one of three particular kinds of trees. Now that is all I am saying because that just does not make good sense to me. Now if we say we are going to cut down every tree that is cutting up a curb or buckling sidewalk, or every tree that the property owner will not pay the tab for repairing, then I am with it 100%. I don't believe any one property owner has a moral right to expect the other citizens in the community to repair damage continually in front of his house, but I cannot see the sense of a blanket automatic approach that says in a given period we are going to takeevery particular tree of that type and I think that is the source of the argument. As an alternative suggestion these recommendations do not come from the Recreation & Park Commissioners originally, they do not come from the council originally, they come from the staff people that we hire to make these recommendations.to us. They come with these recommendations because we have sought their advice on this council and for reasons we may have, every aspect of the recommendation we cannot accept, but it would be my feeling and my recommendation that we would go on record as stating that the council is adopting no specific time schedule or no specific numbers of trees that are to be removed and then for the details for attempting to remove the undesirable trees that we re -refer this to staff for further recommenda- tion to us. Councilman Snyder: Of course, it doesn't make very good sense to just wait until the tree does do damage, chat is the whole extent of the staff report,. You remove prior to that time. You give people tetanus shots so they won't get tetanus .... Councilman Nichols: But you wait until -they break something Doctor Snyder, Councilman Snyder: Yes, but you try and institute a safety m38® C. Co 5/8/67 Page Thirty -'Nine STREET TREE REPLACEMENT PROGRAM - Continued measure so they won't break their leg. If we are going to talk about sense then I say it is better sense to remove prior to the damage, Mayor Krieger: There are two aspects to this question, • Let's not just concentrate on this question of repair - the Department has said to us maintenance costs are going to go up. Your reference to these figures Mr. Nichols in regards to cost I feel that this council when it comes to the matter of maintenance is going to have to decide one thing or another. Whether or not we are prepared to fund this maintenance problem within the community, which the trees pose and which the Department says they possess, or we are not. If we are not, then whether the tree is causing damage, is a remedial problem or -not, then we are going to have to do something about it, So I don't think we can merely direct our attention -to a tree as a cancer so to speak. We also have to answer the question for the staff - how about the continued maintenance of this type of tree. Is it going to be your responsibility and if it is their responsibility then they have the right - - they also have the responsibility to come back and say we are going to need this to do it. Councilman Nichols: I agree wholeheartedly and that is why I have said we have got to look to signi- ficantly increased costs in this area of -maintenance in our community. I question in my mind some of the outright figures in terms of manpower given. But again I think this is an area for staff to come to us and make specific recommendation$ to. us, I think they are operating on a shoestring. I think they are doing a tremendous job with what they have. I think 90% of this recommendation is an effort to operate •within a limited maintenance budget operation. I think we should encourage the staff to explore some of these other alternatives. Mayor Krieger: May I ask some of the people that proposed this proposal to us - - you have heard Mr. Walker's proposal to us and Mr, Justi's (Mayor Krieger then reread Mr. Justi's proposal,) Mr. Justi what is different in this? Mr. Chris Justi: Mayor Krieger: An extension of 2 years. 7 years instead of 5 years. Mr. Chris Justin Also the individual selection of those trees. The tree should be considered only by the property owners request or when a tree is caus.ing.a curb, sidewalk.or.gutter problem, or a high maintenance cost to the city. Extension of pro ram to 7-years, by individual selection and communicate directly with the homeowner. Motion by Councilman Nichols, seconded by Councilman Gillum, that this council accept the staff report with the exception of the firm commitment as to number of trees involved and time limits for their removal. Councilman Nichols: • undesirable trees to staff for to the council. Mayor Krieger: trees and the cycle of removal. My additional motion would be to refer the matter of the handling of the implementation of the removal of the additional alternative recommendations Discussion on the basic motion, which is to accept the.staff report with exception of the firm commitment as to the number of Any discussion on'the motion. Motion carried on roll call as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder and Mayor Krieger, NOES: None ABSENT: None - 39 - Co Co 5/8/67 Page Forty STREET TREE REPLACEMENT PROGRAM v Continued Mayor Krieger: I voted "aya" with this qualification. My vote -will stand as "aye" with the explana- tion that I am perfectly willing to give the staff the opportunity to explore and I hope they will find alternatives to this program, but unless an alternative to this program can be pro® •posed to this council that has justification of ultimate solution to the problem, I would stand by the implementation, as well as the policy basis of the program, Councilman Snyder: I will qualify mine the same way, Mayor Krieger: Motion carried, vote being unanimous. Motion. by Councilman Nichols, seconded by Councilman Gillum, that the council direct the staff to review the entire matter of the three tree types designated as being problem trees and suggest alternate methods to this council of effective and reasonable methods for control -ling the problems resulting from the presence of those trees in our city. Motion carried on roll call vote as follows: AYES: Councilman Nichols, Gillum, Gleckman, Snyder,,Mayor Krieger NOES: None ABSENT: None (Mayor Krieger declared a 10 minutes recess to 11:45 p.m.) (Councilman Snyder did not return,) PLANNING COMMISSION REIIEW PLANNING COMMISSION ACTION OF MAY 3, 1967. m So indicated by Mrs. Preston, Deputy City Clerk, No action by the Council. RECREATION & PARKS BEAUTIFICATION COMMITTEE RECOMMENDATIONS Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that council receive and file the staff report on the report submitted by the Nest Covina City -Wide Beautification Committee, (Mayor Krieger asked Mr. Aiassa to flag this report and put it on the very next adjourned regular meeting° REVIEW ACTION OF RECREATION & PARK COMMISSION APRIL 25, 1967. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that council receive and file the minutes of April 25, 1967. ORAL COMMUNICATIONS No further oral communications. WRITTEN COMMUNICATIONS None, ® 40 C'. C. 5/8/67 Page Forty -One CITY ATTORNEY ORDINANCE INTRODUCTION m AMENDING THE MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES (ZONE CHANGE APPROVED NO. 372 m City Initiated) (Annexation No. 192) The Assistant City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE' WEST-COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES-, RE ZONE CHANGE NE). 372 ®CITY INITIATED) Motion by Councilman Gleckman, seconded by -Councilman Gillum, and carried, to waive further reading of the body of the Ordinance. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that said Ordinance be introduced, ORDINANCE NO. 995 The._Assistant 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. 375 - City Initiated) Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, to waive further reading of the body of theOrdinance. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the council adopt said Ordinance. Motion carried on roll call vote as follows:. AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: None ABSENT: Councilman Snyder RESOLUTION NO. 3571 The Deputy City Clerk presented: "A hESOLUTIOX OF THE CITY COUNCIL OF ADOPTED THE.CITY OF WEST COVINA RECOMMENDING THE ADOPTION OF H.Ae4137 TO THE CONGRESS OF THE UNITED STATES," Mayor Krieger: Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Gillum, seconded by Councilman Gleckman, that council adopt said resolution. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: None ABSENT: Councilman Snyder Mr. Tertian: Ass°to City Attorney Mr, Mayor, I have one other item a resolution with respect to your termination of the Annexation proceedings relating to Annexation 1:8, - 41 C o C-. , 5/8/67 Page Forty-two • 0 • CITY ATTORNEY ® Continued RESOLUTION NO. 3572 ADOPTED The Assistant City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF WEST COVINA TERMINATING THE'.ANNEXATION"PROCEEDINGS RELATING TO SOUTHERLY ANNEXATION DISTRICT NO. 198" Mayor Krieger: Hearing no objection, waive further reading of the body of the resolu- tion. Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen NOES: None ABSENT: Councilman CITY MANAGER Mr. Aiassa: -City Manager Nichols, Gillum, Gleckman, Mayor Krieger Snyder them why Annexation No. 198 was insufficient votes or anything Mayor Krieger: DEL NORTE PARK LAND ACQUISITION GONNE PROPERTY Mr. Mayor, on behalf of the council, I think that it might be advisable on the part of the staff to prepare a letter for your signature to LAFC to explain to dropped, that it was -not a reason of like that. Does the council concur? (Agreed), Mr. Aiassa: I want to advise the council that I ,City..Manager have met with Mr. Gonne and Mr. Himrichs, Mr. Gonne has accepted the terms that we would provide him a pa.Lu program -as. -outlined in my appraisal to the council of 038,500, with a down payment of $15,000 starting in the new fiscal year of 1967 and the balance to be paid in January with no interest. I am going to develop a lease to be effective as of May 1 where we will rent the property per month up until the time we make full acquisition and possession of the property and this is actually in lieu of part of the assessment and improve- ments acts against the property which he has no use for and it amounts to approximately $789. and we will then share 50-50 on all escrow `co'sts and he will.pay the first installment of tax on December.10 and we will pay the second one in April. Mayor Krieger: approval? (Answer: Right) TRAFFIC COMMITTEE MINUTES APRIL 28, 1967. Mr. Aiassa, this report seems to be informational only and the final agreement will come before council for final The council compliments you for the work done. Councilman:Nichols: I have one comment to make. Last page on the Traffic Committee ® speed zone for that street. Either there is something I don't understand or something mistyped. It says - "although posted for 25 miles per hour this speed.limit is presently unenforceable, etc.," Doesn't that sound strange? (Discussion. Decision to hold, -over for interpretation. - 42 ® 0. Co 5/8/67 Page Forty-three TRAFFIC COMMITZEYMINUTES Continued April 28-, 1967 Mayor Krieger.- I would,, -also like some clarification on Item 8. Have the school districts been contacted? Mr. Aiassa.- Not yet - not until the council takes City Manager action, MayorKrieger: I would like to see use when we get around to these minutes again, to take a permanent action directing the school district. Mr. Aiassa: Alright, City Manager Councilman Gillum: Since I am representing the school dis- trict should I convey this information to them? Mayor Krieger.- If the council takes action. Motion by Councilman Nichols, seconded by Councilman Gillum-, and carried, that council approve the minutes of the Traffic Committee of April 28, 1967, less the last item which should be held -over until the next scheduled council meeting. PRECISE PLAN CRITERIA REGARDING 10 SUBMISSION TO PLANNING COMMISSION OR REVIEW BOARD Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, to hold over until May 22, 1967, meeting. ' GENERAL TELEPHONE HEARINGS FINAL BILLING Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried to hold over until May 22, 1967, SCAG ® 1967-6-8 ASSESSMENT Motion by Councilman Gleckman, seconded by Mayor Krieger, and carried, to hold over to May 22, 1967. CITY CLERK ALCOHOLIC BEVERAGE CONTROL APPLICATIONS: A) ROARING TWENTIES LOCATION: 2713 E. Valle Boulevard (On -sale beer B) WEST COVINA DELICATESSEN 142 Glendora Avenue (On sale beer and wine) Motion by CouncilmanNichols, seconded by Councilman Gillum, and carried-, that there be "No protest" lon Items A and B. Mayor Krieger: On Item C - Grinder Den - there is no action necessary. - 43 ® C. C. 5/8/67 Page Forty-four • r: CITY CLERK ® Continued AMENDMENT TO APPLICATION OF SUBURBAN WATER SYSTEM (Mayor Krieger commented he did not see a report on this. Mrs. Preston advised it was just received and extra copies have been ordered. ) Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried to hold -over, until May 22, 1.967. CITY TREASURER None MAYOR'S REPORTS RESOLUTION NO. 3573 ADOPTED Mayor Krieger: The Deputy City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA COMMENDING TEEN-KAN®TEEN FOUNDATION OFFICERS, MEMBERS AND CONTRIBUTORS FOR THEIR SERVICES TO THE CITIZENS OF WEST COVINA." Hearing no objection waive further reading of the body of the resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: None ABSENT: Councilman Snyder RESOLUTION'NO. 3574 The Deputy City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA COMMENDING HAL E. MARRON FORMS SERVICES TO THE CITY OF WEST-...COVINA." Mayor Krieger: Hearing no objection, waive further reading of the.body of the resolution. Motion by Councilman Gillum, seconded by Councilman Gleckman; for the adoption of said resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Gillum, Gleckman,Mayor Krieger NOES: None, ABSENT: Councilman Snyder RESOLUTION NO. 3575 ADOPTED Mayor Krieger: The Deputy City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA COMMENDING CHRIS JUSTI FOR HIS SERVICES TO THE CITY OF WEST COVINA. Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Gillum, seconded by Councilman Gleckman, that said resolution be adopted. 44 C. C. 5/8/67 Page Forty-five MAYOR'S REPORTS - Continued RESOLUTION NO. 3575 - Continued Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: None ABSENT: Councilman Snyder RESOLUTION NO. 3576 The Deputy City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA DESIGNATING ALTERNATE MEMBER OF THE BOARD OF DIRECTORS OF COUNTY. SANITATION DISTRICTS NOS. 15,. 21 AND 22." Mayor Krieger: Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Nichols, seconded by Councilman Gillum, that said resolution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: None ABSENT: Councilman Snyder PROCLAMATIONS • SHARE A SONG DAY May 18, 1967 - (So proclaimed earlier in the meeting) PUBLIC WORKS WEEK May-_18 to 20, 1967. - Mayor Krieger: If there are no objections, I will proclaim Public Works Week, May 18 to 20, 1967. (No objections.voiced.) So proclaimed. NATIONAL MARITIME DAY May 22, 1967 Mayor Krieger: If there are no objections, I will proclaim National Maritime Day, May 22, 1967. (No objections voiced.) So proclaimed. Mayor Krieger: My last item. We should schedule a council meeting to discuss these appointments to the Boards and Commissions. Our motion tonight will be to adjourn to that date and time and for that discussion - May 15th at 7:30 p.m. Councilman Gillum: I have a request from an organization - Mormon Church Men's Organization, sponsoring a 4th of July breakfast at Citrus College. The speaker will be Dr. Max Rafferty. They are looking to have representatives of all the cities in the San Gabriel Valley present, and the congressional office holders, and they would - 45 C. C. 5/8/67 Page Forty -Six like to have me convey to this council and members of the staff of West Covina their desire that they would like to have us attend. It is from 7 in the morning to 8:30, tickets are 4 5.00 each. Councilman Nichols: One item. At the end of the school year Gerald Smith, the Senior School Principal in the City of West Covina is retiring, completing his 4Oth year. There will be a dinner, sponsored by various groups. I received a request for perhaps a letter from the Mayor of West Covina expressing the council's appreciation for his years of service to the City of West Covina, etc., I was contacted on the basis of a resolution and I. explained the council's policy on that - but perhaps a letter, Mayor Krieger: Councilman Nichols: DEMANDS I think it is a meritorious suggestion does the council agree? (Agreed.) They would also like us to come to the dinner on June 9th. Motion by Councilman Gillum, -seconded by Councilman Gleckman, that the council approve demands totalling $153,031.42 as listed on demand sheets C-545 and B299 through B301 and payroll sheets. Motion ¢carried on roll call vote as follows: AYES: Councilmen Gillum, NOES: None ABSENT: Councilman Snyder Nichols, Gleckman, Mayor Krieger Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the meeting adjourn to May 15, 1967 at 7:30 p.m. Meeting adjourned at 12:15 A.M. APPROVED 12 l9� MAYOR ATTEST: Deputy City Clerk