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10-17-1955 - Regular Meeting - MinutesE MINUTES OF ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA October 17, 1955 Meeting was called to order by Mayor Hurst at 8s00 p.m. at the West Covina City Hall. Present: Mayor Hurst, Absent: None Others Presents City Attorney, M. ORAL COMMUNICATIONS ITEM NOT ON AGENDA heard later on Agenda. Councilmen Brown, Sperline, Van Horn, Kay. Administrator and City Clerk, City Engineer, City Gerschler, Planning Dept. None Mr. C. Varney of 1828 E. Rowland Avenue stated he wished to be heard in regard to Ordinance No. 425.. This item to be WRITTEN COMMUNICATIONS City Clerk read communication of Mr. S. Kennedy, Road Commissioner of the Los Angeles County Road Department to Cou my Board of Supervisors recommending that a resolution be approved for improve- ment of the north side of Vine Avenue from Citrus Avenue to 1330 feet westerly, in West Covina, and aid extended therefor in the amount of $1050. City Clerk read communication from County Boundaries Commission notifying us of the'fadt that the City of Azusa has filed annexation proceedings vicinity of Arrow Park -and Arrow Highway. This was referred to City Engineer for exact location and his findings were that it.was a piece of property bounded by Gladstone Avenue, a line.easterly and parallel with Azusa Avenue, Arrow Highway, and Dalton Wash. No action necessary. City Clerk read communication from Maiden Fair Company of Berverly Hills, Calif., to appeal action taken by Planning Commission in denying requested change of zone of property located at NW side of Orange Avenue, between Merced and Francisquito Avenue, because of property to the NW and SW being zoned 7500 sq. ft. and applicant feels that their request for minimum of 7500 sq. ft. per lot zone change should be permitted. ROMAC OIL CO.- WEST COVINA Mr. Gerschler stated that request from Romac Oil Company DISPOSAL CO. was for permission to erect a small sbrage'building on 'Request for Building parcel of ground leased to West Covina Disposal Company. APPROVED Permit refused by Building Dept; as it would be in violation of Ordinance No. 406 in that it must face public streets In presenting this to the Planning Commission it was their thought, after study, that probably some day we will want to bring a public street in part of this area and"split lots for industry, as this piece of property is in t'M" Zone at Azusa Canyon Road and San Bernardino Road.with 20? easement out on San Bernardino Road. However, the Commission felt that at this time there is not enough known to be sure a street would come in at this point so it is recommendation that a temporary -2- CL 10/17/55 Romac Oil-W.C. Disposal-Building--contd, variance of three to five years be granted so this building may be erected. Motion by Councilman Sperline, seconded by Councilman Brown, and carried, in that this is not a typical variance, and waiving requirement of Ordinance No. 406, that a temporary variance be granted for the purpose of the erection of a small storage building on land leased by the West Covina Disposal Company from the Romac Oil Company for not more than five (5) years. Passed on roll call as .follows: Ayes: Councilmen Hurst, Sperline, Brown, Van Horn,, Kayo Noes: Norte Absent: None • CONTRACT AGREEMENT Motion by Councilman Van Horn, seconded by Councilman Sanitary Facilities Brown, and carried, that Mayor and City Clerk be authorized Rest Rooms at Cortez to sign contract agreement with James H. Maul &`-Burdette M. and Cameron Parks Pulver, Jr., Associates for plans to be drawn up for APPROVED sanitary facilities of rest rooms at Cortez and'Cameron Parks. Passed on roll call as follows: Ayes: Councilmen Kay, Van Horn, Hurst, Sperline, Brown, Noes: None Absent: None RESOLUTION NO. 815 City Attorney presented and read Resolution No,"815 ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RESTORING TO THE OWNERS OF CERTAIN REAL PROPERTY IN SAID CITY VEHICULAR RIGHTS ALONG SUNSET AVENUE PREVIOUSLY RE- LINQUISHED TO SAID CITY." (Tract No. 19453) Motion by Councilman Kay, seconded by Councilman Brown, and carried., that Resolution No. 815 be adopted. Passed on roll call as follows: Ayes: Councilmen Kay, Van Horn, Sperline, Brown. Noes: None Absent: None Not Voting: Mayor Hurst RESOLUTION NO. 816 Resolution No. 816 was presented and read by City Attorney ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, VACATING CERTAIN EASEMENTS HERETOFORE GRANTED TO SAID CITY." (Drainage easement east of Glendora Avenue in Tracts No. 17325, 16233, 196129 & 20394) Motion by Councilman Kay, seconded by Councilman Van Horn, and carried, that Resolution No. 816 be adopted. Passed on roll call as follows: Ayes. !Councilmen Noes: None Absent: None Kay, Van Horn, Hurst, Sperline, Browne -2- _3- CC 10/17/55 RESOLUTION NO. 817 Resolution No. 817 was presented and read by City Attorney Accept Deed "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, Neeley Property CALIFORNIA9 PROVIDING FOR THE PURCHASE OF REAL ESTATE FOR ADOPTED MUNICIPAL PURPOSES; FOR THE EXECUTION OF NECESSARY AGREEMENT IN CONNECTION THEREWITH AND ACCEPTING GRANT DEED COVERING SAID REAL PROPERTY." (Neeley property - NE corner Merced & Orange) Passed on roll call as follows° Ayes.- Councilmen Brown, Sperline, Hurst, Van Horn, Kaye Noes: None Absent: None • RESOLUTION NO. 819 Resolution No. 819 was presented and read'by City Attorney Accept Easement "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ADOPTED CALIFORNIA, ACCEPTING EASEMENT TO THE CITY OF WEST COVINA." (Hotchkiss ® Precise flan No. 55) Motion by Councilman Sperline, seconded by Councilman Brown, and carried, that Resolution No. 819 be adopted. Passed on roll call as follows: Ayes: Councilmen Kay, Van Horn, Hurst, Sperline, Brown. Noes: None Absent: None RECIPROCITY AGREEMENT Motion by Councilman Sperline, seconded by Councilman Brown, SEWER FACILITIES and carried, that Mayor and City Clerk be authorized to APPROVED execute Reciprocity Agreement for Joint Use of Sewer Facilitie Between City of West Covina and County of Los Angeles. Passed on roll call as follows: Ayes: Councilmen Kay, Van Horn, Hurst, Sperline, Brown. Noes: None Absent: None FIRST READING City Attorney presented and read Ordinance No'o'-432 "AN ORDINANCE NO. 432 ORDINANCE OF THE CITY" COUNCIL OF THE CITY OF WEST COVINA, • CITY MANAGER CALIFORNIA., ESTABLISHING.THE OFFICE OF CITY MANAGER OF THE.CITY_OF WEST COVINA, AND DEFINING THE POWERS AND DUTIES OF THE MANAGER." Motion by Councilman Kay, seconded by Councilman Brown, and carried, that Ordinance No. 432 be introduced and given its first reading. Passed on roll call as follows: Ayes: Councilmen Kay, Van Horn, Hurst, Sperline, Brown. Noes: None Absent: None -3- -4- 0 • cc 1OA0155 - City MSr, Ord.--contd. Councilman Van Horn: What if there are some parts of this ordinance No. 432 we feel should be changed? City Attorney: If any change those chan:,res.can be made by second reading. . Councilman Sperline: Regarding Page 5, Section G, Power of Appointment. What if we should pass this ordinance first and then the Ordinance covering the Personnel System? City Attorney: In logical course you would adopt this City Manager Ordinance first and then come along and adopt Personnel System Ordinance. Then City'Manager would be bound by second ordinance.. Councilman Van Horn: Regarding Pa . ge 7, Section 0. Hours of Employment. That City Manager to devote his entire time to.duties of his office in interest of City. City Attorney: This means City Manager cannot hold down two jobs., His entire time is given to the City Manager job. Councilman Hurst: About the only difference in the two ordinances studied was the 3/5 and 4/5 vote for removal, Councilman Kay: In conjunction with this ordinance it might be advisable that this be put on the ballot in April -to add further protection to the ordinance. We have decided it is a good ordinance and not knowing what,will happen at election I think it should be put on ballot. City Attorney: It is a little unusual for Council to put this ordinance on the ballot. If requested from outside put it on the ballot you may consider that request but not put it on voluntarily. Mr. Jennings I would like to recommend to this Council that this City Citizens, League 'Manager ordinance be proposed for adoption in April election. City Attorney: I should like to recommend that your suggestion., Mr. Jennings, be made in formbf letter for this ordinance to be placed on the ballot. CIVIC CENTER City Clerk stated, "previous meetings indicated that there EXCHANGE OF PROPERTY should be an exchange of property between the City of West BETWEEN CITY & COUNTY Covina and the County of Los Angeles in that proposed plot APPROVED plan does not exactly fit property we have. Exchange was considered by Council.and taken under advisement. We now have exchange of property as shown on plot and plan and legal description of exchanged property. We are now in position to continue with this exchange and are proceeding according to plan. We need a vote of confidence.from the City Council. -47 -5m • cc l0%7/55 Civic Center —Exchange of Property--contd. Motion by Councilman Sperline, seconded by Councilman Kay, and carried, that authorization be given that we exchange Parcel No. 1 for Parcel No. 2 as shown on the Plot Plan with County of Los Angeles in rearranging our Civic Center. Passed on roll call as follows: Ayes: Councilmen Kay, Van Horn, Hurst, Sperline, Brown. Noes: None Absent-. 'None Motion by Councilman Brown, seconded by Councilman Sperline, and carried, that basic Master Plan be approved. SAFE DRIVING DAY EXPENSES Request was read by City Clerk from Chief of Police APPROVED Stanford to approve expenditure of up to $250.00 for literature, posters, and signs in connection with SD Day program. Motion by Councilman Sperline, seconded by Councilman Kay, and carried, that expenditure, not to` exceed $250.00 for literature, signs, and posters in connection with SD Day program be approved. Passed on roll call as follows: Ayes:"' Councilmen Brown, Sperline, Hurst, Van Horn, Kay. Noes None Absenta None WILLOW AVE. TRUNK SEWER City Clerk read letter from Mr. H. L. Johnson, Acting APPROVED Director of Public Works, recommending expenditure of approximately $9500.00 to purchase capacity for proposed 18minch sewer to be constructed from the existing sanitation sewer northerly in Willow Avenue to the southerly boundary of the City of West Covina. Motion by Councilman -Brown, seconded b Councilman Kay, and carried, that authorization be given for the expenditure of approximately $9500.00 to purchase capacity for Willow Avenue Sewer line. Passed on roll call as follows: Ayes: Councilmen Kay, Van Horn, Hurst, Sperline, Brown. Noes: None Absent: None ALCOHOLIC BEVERAGE PERMIT Alcoholic Beverage and On-S aTe Beer Permit filed with AMERICAN LEGION City for Veterans Club, Post 790, American Legion, located'on Azusa Avenue. PLANNING COMMISSION City Clerk stated that the expiration of Commissioner 5 COMMISSIONERS Braun's term in July, 1955, reduced the members to five, APPROVED and wished to know Council9s wishes regarding number of Commissioners on Planning Commission. Motion by Councilman Van Horn, seconded by Councilman Brown, and carried, that City Attorney be instructed to amend Ordinance No. 136 to conform with wishes of City Council that Planning Commission consist of only 5 members. -5- mom Cc 10/17/ 55 PERSONNEL SYSTEM City Clerk stated., "Council will recall several months ago there was a meeting of the City Council,, members of.the Employees' Association., City Attorney, and myself to discuss a proposed Personnel System to be adopted by the City. The proposed ordinance was reviewed in detail and certain changes were recommended by those present. All the changes have been resolved in a meeting between the City Attorney, Mr. Gerschler, as representative of the Employees' Association, and City Administrator. This.personnel ordinance as presented tonight represents a firm recommendation from the City Attorney, members of Employees' Association and myself and I would recommend at this time that the Council adopt this ordinance. Mr. M. Gerschler, spokesman for Employees' Association, stated "with the advent of City Manager's Ordinance it was brought to mind the necessity of having our personnel • rules laid out at the time the City Manager came in. We studied the proposed City Manager Ordinance brought in by the Citizens' League and found our ordinance would not be inconflict with it and therefore felt that Personnel and City Manager's Ordinance should go hand in hand. In order to assure ourselves it would not be a hinderance to the City Council and City Manager to have .our Ordinance tacked onto City Manager's Ordinance we felt probably the City Manager would be mostly concerned with conformance to rules and regulations. It is. our thinking that this'Personnel Ordinance goes well with City Manager type of government because it is so close to that recommended by California League of Cities and since it will not conflict with City Manager, we feel quite strongly that this would be the best moment to adopt our proposed Personnel Ordinance, and in addition, bearing in mind`that employees for nearly a year have worked hard in a spirit of cooperation to draw up this Personnel system, we feel that now is the time it should be adopted. Councilman Sperline: We have discussed this as to whether we should pass it after we hire City Manager. I think our Employees'are entitled to our passing this before City Manager Ordinance as we can always change the ordinance. The City Manager can go over it and come up with some amendments, if'any need be made. City Attorney: You just don't amend an ordinance of this type.at will. Once . you have Civil Service, or a similar type of Personnel System such as this one, you can't just amend it. You have to put it on a ballot and vote if they do not want it. We have certain state laws to abide by and this Personnel System might be termed a type of Civil Service. City Administrator: This ordinance is most certainly not a Civil Service Ordinance. We have eliminated the undesirable elements of Civil Service and have based this Ordinance on merito Mayor Hurst: I would suggest in the absence of a firm recommendation for or .'against this particular ordinance by our City Attorney that we go over this matter and if you have any recommendations call Mr. Uornyno If, in your judgment things in this personnel system would be detrimental to have in a personnel ordinance I think they should be known. Mr. Cornyn can give us his recom- mendations and opinion. City Attorney: I will be able to do so at our regular meeting next Monday night. M. . 4 -7m • • CC 10/17/55 ZONING ORDINANCE NO. 425 Mr. Varney stated, "I have been before Council several. times getting zoning on property at Azusa and Rowland. I have received my copy of the ordinance drawn up and instead of Zone C-1 it is Zone R-P except corner for Service Station.' Mr. Gerschler: On Mr. Varney°s original application he had a commercial building shown. At the time of passing of overall zoning map that is all he had. Council approved it on overall zoning map potential Cm1 subject to revised Precise Plan. Mr. Varney went back and brought in revised Precise Plan. Ordinarily when Mr. Cornyn draws up an ordinance we instruct him as to the areas included in the proposed zoning. I instructed Mr. Cornyn to change to R-P as there was no indi- cation that 1°1r. Varney wanted commercial on this, at least according'to'the plan, presumed he wanted professional. It was consensus that Mr. Cornyn should prepare amendment to Mr. Varney°s Ordinance. AREA DISTRICT IV Councilman Sperline stated, teWe have had'a lot of dis- cussion on Area District IV. I was opposed to it then and after passing the Hillside Ordinance last Monday night, October loth, stating recommendations and requirements on hillside lots in Area District IV, I would like to make a motion that we do away with Area District IV. I feel the area is too large and that we should take into consideration County territory surrounding us. We have our Area District III which is good, and we have Cut and Fill Ordinance which will take care of hillsides and I think that Area District III is good enough.. I do not think we are beingf'a.ir to the City in demanding these huge lots as dev- elopers cannot come into the City and develop under Area District IV. I think our Area District III is large enough at 14,400. Motion by Councilman Sperline, seconded by Councilman Van Horn-9 and carried., that Planning Commission initiate proceedings to either abolish Area District IV or consider changing requirements of Area District IV as to reduction of lot sizes and other requirements for this area. Passed on roll call as follows: Ayes: Councilmen Sperline, Noes: Councilman Brown Absent: Councilman Kay Meeting adjourned at 9:15 p.m. ROBERT FLOTTEN Hurst, Van Horn. -7- JOE HURST, MAYOR