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12-27-1960 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA December 27, 1960 The meeting was called to order by Mayor Heath at 7.40 P.M. in the West Covina City Hall. The Pledge of Allegiance was led by as Councilman Snyder with the invocation given by The Reverend Thomas L. Thomasma of the West Covina Reformed Church. E C� ROLL CALL Present2 Mayor Heath, Councilmen Brown, Towner, Barnes, Snyder Others Presentg Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Harry C. Williams, City Attorney Mr. Thomas Dosh, Public Services Director Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES December 12., 1960 - Approved as corrected as follows-, Page 11, the Tentative Map, under Planning Commission items, should be shown as No. 24648 instead of No. 24638 as shown. CITY CLERK'S REPORTS PRECISE PLAN NO. 17, Section 5 Accept Street Improvements (Century Properties, Inc.) APPROVED . LOCATION- North of Garvey Avenue, west side of Citrus Street. (Akron Store area) Accept street improvements and authorize release of St. Paul Fire and Marine Insurance Company Bond No. 404 GA 0799 in the amount of $1,300-00. Inspector's and City Engineer's report received —recommends acceptance and release of bond. Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that street improvements in Precise Plan No. 17, Section 5, be accepted and authorization given for the release of the bond as indicated on the Agenda. PRECISE PLAN NO. 129 LOCATION- South side of Garvey Extension of Agreement Time Avenue., east of Citrus Avenue. (M. E. Jackson.- Eastland Lanes) (Sidewalks) APPROVED Request to extend agreement time for a period of one year to December 19, 1961. Previous extension granted for six months to December 19, 1960. Involves the e relocation of power poles and possible widening of freeway. Bond on deposit covering cost of installation. Staff recommends extension of agreement time. .k. M 0' C . C . 12-27--60 PRECISE PLAN NO. 129 - Continued Page Two Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that the request of an extension of agreement time on Precise Plan No. 129 be approved in accordance with the recom- mendations of the Staff. TRACT NO. 24157 Accept Sewer Facilities (F. J. Zoelle) APPROVED released when street improvements Council. LOCATION. Vine and Magnolia Avenues. Inspector's and City Engineer's report received, and acceptance is recommended. Bond will be are installed and accepted by Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that sewer facilities in Tract.No. 24157 be accepted as per the City Engineer's report. RESOLUTION NO. 1986 The City Clerk presented - Authorizing execution of "A RESOLUTION OF THE CITY COUNCIL Quit Claim Deed OF THE CITY OF WEST COVINA AUTH- (A1 Handler) ORIZING THE EXECUTION OF A ADOPTED QUIT CLAIM DEED OF LOTS 6, 7, 8, AND 9, of TRACT NO. 20456. " LOCATION: North of Cameron Avenue, west of Azusa Avenue. Authorizing the Mayor and City Clerk to sign Quit Claim Deed for sanitary sewer easement. A Precise Plan was approved by the Planning Commission for church use. This vacates an old easement riot required now by the new church. Execution of Quit Claim Deed recommended. Councilman Towner,. I am wondering if we have a precise plan available to take a look at. City Manager Aiassa,. This easement would have been required if the map for the R-1 development had been maintained, I think, however, this easement would go underneath the Church now. Councilman Towner,. City Manager Aiassa,. Mayor Heath: There would be some alternative to handling these sewers now? The easement was for the R-1 subdivision as a condition of that particular, map. Hearing no objections, we will waive further reading of the body of the resolution.' Motion by Councilman Barnes, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows,. Ayes; Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes,. None Absent,. None Said resolution was given No. 1986. L,J • C. C. 12-27-6o RESOLUTION NO. 1987 Final Map of Tract No. 25679 (West Covina Unified School District) ADOPTED Page Three The City Clerk presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A FINAL SUBDIVISION MAP OF TRACT No. 25679." LOCATION° Northwest corner of Merced Avenue and Hollenbeck Street. Approve "Reversion to Acreage" Tract No. 25679. (Reapproval of this map is necessary because of new owners signature changed from West Covina School District to include Unified School District.) The staff report recommends reapprova 1. City Manager Aiassa.- This is to legalize the signatures now that they have become the Unified School District as against the previous West Covina School District. Mayor Heath. - Hearing no objections, we will waive further.reading of the body of the resolution. Motion by Councilman Brown, seconded by Councilman Towner, that said resolution shall be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes- None Absent- None Said resolution was given No. 1987. RESOLUTION NO, 1988 Final Map of Tract No. 24648 (E. B. Snoddy Corp.) ADOPTED The City Clerk presented.- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A FINAL SUBDIVISION MAP OF TRACT NO. 24648; ACCEPTING DEDICATION THEREIN OFFERED, ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BOND TO SECURE SAME." LOCATION.- Northeast corner of Yaleton and Puente Avenues. Approving the final map and accepting The Fidelity and Casualty Company of New York Bond No. S 1277235 in the amount of $4,500.00. Tentative map approved by the City Council on December 12, 196o. Acceptance recommended by the Staff. Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Brown, that said resolution shall be adopted. Motion passed on roll call as follows- Ayes- Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes.- None Absent; None Said resolution was given No. 1988. J 0 C. C. 12-27-6o RESOLUTION NO. 1989 Opening of one foot lots for street and highway purposes (Yaleton Avenue) ADOPTED Page Four The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING FOR STREET AND HIGHWAY PURPOSES CERTAIN REAL PROPERTY HERETOFORE GRANTED AND CONVEYED TO SAID CITY." For access to Tract No. 24648. Southerly 421.06 feet of Lot No. 73, Tract No. 21477 to be known as Yaleton Avenue and Lot 16, Tract No. 20692 to be known as Yaleton Avenue. Discussed by Council at their meeting of December 12, 1960 in accepting the Tentative Map. 'he Staff recommends approval. Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Brown, seconded by Councilman Towner, that said resolution shall be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 1989. STREET T13EE PRUNING CONTRACT DELETED FROM THE AGENDA Approve specifications for City- wide street tree pruning contract and authorize City Engineer to call for bids for the Department of Recreation and Parks. (Specifications enclosed - report to follow) City Clerk Flotten: The Engineering Department has asked that this item be deleted from the Agenda this evening due to the fact that the contract is not in the proper form. Motion by Councilman Towner, seconded by Councilman Brown, and carried., that the item of the Street Tree Pruning Contract be deleted from the Agenda as pel, the request of the Engineering Department. PLANNING COMMISSION REVIEW OF PLANNING COMMISSION ACTION OF DECEMBER 21., 1960 Merced -Glendora Alignment set for hearing before Council for January 9, 1961 meeting. Approval of South Hills Little League Ball Park in Zone R-A at % 5012 South Valinda Avenue. Zone Change No. 172, Beattie and Miller, requesting R-A to C-1 at 1750 E. Rowland. Denied, and also the Precise Plan, with no appeal received as yet. C. C. 12-27-60 Page Five REVIEW OF PLANNING COMMISSION ACTION - Continued Precise Plan No. 251 for the West Covina Unified School District at Valinda, east of Vine, approved. Unclassified Use Permit No. 51, Vreeland, at 1032 E. Puente Avenue for use as a clubhouse by West Covina Woman's Club. Denied, and also the Precise Plan, with no appeal received as yet. Zone Change No. 170 of R. B. Bowker. Matter appealed by the applicant, with copies of letter of appeal delivered to members of Council, is being appealed with respect to the conditions applied to this by the Planning Commission. RECREATION AND PARKS PLACEMENT OF DISMANTLED JET Palm View Park AIRCRAFT BY WEST COVINA JAYCEES IN CITY PARK City Manager Aiassao We have a letter from the West Covina Jaycees which stipulates the conditions under which they are going to move the jet aircraft to one of our local parks. It is the recommendation of this Depart- ment that this be accepted as outlined in their letter with the addition of the following conditions "That the West Covina Jaycees be adequately insured in moving the plane from the point of acceptance to its destination from a liabil- ity standpoint and that the City of West Covina be named co insured. It will be necessary for the City to sign an official acceptance from the U. S. Air Force and,therefore, we will be technically responsible for it from the time it leaves the Ontario Airport. It is the under- standing of this Department that we will be responsible for the site preparation and the supplying of whatever materials are necessary for the installation pad. Further, the City will install a temporary fence around the aircraft until such time as it is made completely safe for use by the public. Under these conditions it is the recommendation that authorization be granted for the signing of any necessary documents for the accept- ance of this aircraft. The Recreation and Parks Commission recommended, at their meeting of December 15, 1960, that Palm View Park be selected as the site for this plane. Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that authorization be iven to the Mayor and City Clerk to sign the necessary release for this surplus plane that will permit it to come through the City and subject to the conditions as outlined in the letter dated December 19, 1960 from the West Covina Jaycees, and also the memorandum of December 27, 1960 from Mr. Gingrich. • L-1 C. C. 12-27-60 GENERAL MATTERS WRITTEN COMMUNICATIONS Page Sias City Clerk Flotten-, There is a communication from Mr. John H. Hiatt relative to zoning of hand laundries. I believe the application referred to in the letter is self- explanatory. Perhaps Council wishes this to be referred to the Planning Com- mission to resolve. Mayor Heath-, Should we act on this tonight or hold it until a later date? Councilman Snyder-, I do not believe we can act on it tonight, as it is pretty involved with the Commission. Councilman Towner-, I believe we can anticipate some action from the Planning Com- mission in the normal course of business, and we should wait until then, Mr. Joseph-, The Planning Commission made a determining at their meeting last Wednesday night that in the Municipal Code laundries are permitted in C-3. This gentleman wanted an interpretation that hand laundries be permitted in C-1 zone. However, since laundries were specified only in C-3 zone the Commission felt it could not permit laundries, even that called a hand Laundry, in a C-1 zone. They made this determining. However, they are presently holding over some general amendments to the code with some possible consideration of change in it also rela- tive to laundries. Their firm determining, however, was that at present hand laundries are not permitted in C-1. Councilman Snyder-, Councilman Towner-, City Attorney Williams: Mayor Heath-, missioners, as evidently it is may be useful to them. Councilman Barnes-, They discussed this item at length in trying to get a resolving of this. Is this under the interpretive resolutions of the Code? Yes. This should come before Council and they merely approve it. Perhaps copies of this letter should be sent to the Planning Department and Planning Com- the applicant's side of the story and I think we should hold this over until we have both sides of the picture. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the letter of Mr. John H. Hiatt be referred to the Planning Commission for its review and recommendation. See further discussion under "Oral Communications." C. C. 12-27-60 Page Seven EXTENDING OF INVITATION A letter was received from Mr. W. Doal inviting the Council members to visit the school for emotionally disturbed children located at 1172 E. Cypress in Covina. This is a new installation and he would like Council to visit this school at some time. Mayor Heath: I believe there should be copies made of this letter and sub- mitted to each member of Council for their own clarification, and they can act on it individually if they desire or as a City group. SCHEDULED MATTERS BIDS FIRE INSURANCE COVERAGE Bids received at 10:00 A.M., BID AWARDED TO December 19, 1960 in the office FARMERS INSURANCE GROUP of the City Clerk, as advertised, for blanket coverage for fire, extended coverage, vandalism and malicious mischief insurance on the City's buildings, stock and equipment. Notice of Publication received from the West Covina Tribune on December 1, 1960, and all eligible insurance companies had been notified on November 18, 1960. Bids received were as follows: FARMERS INSURANCE GROUP $384.93 H. M. HURST $498.48 less 15% 423.71 EDGEWOOD INSURANCE SERVICE 431.81 FLOYD H. GELVIN 441.33 ARDIN D . HOTCHKISS 444.50 ALLSTATE INSURANCE COMPANY 473.08 City Clerk Flotten: We neglected to note the agents of these particular groups, but we have those if you desire to know who they are. Councilman Towner: These bids were received through local agencies? City Clerk Flotten: Yes, it was part of the require- ments that they have an agency and/or license in the City of West Covina, and all those presented met these requirements. Motion by Councilman Brown, seconded by Councilman Towner, that the Fire Insurance Coverage for the City be awarded to the Farmers Insurance Group, as the lowest responsible bidder, in the amount of $384.93. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner Barnes, Snyder, Mayor Heath y Noes: None Absent: None 0 C. C. 12-27--60 HEARINGS ZONE CHANGE NO. 171 Donald Casler and Edward J. LaBerge, Jr. HELD OVER from Zone R-P to Zone C-1. Page Eight LOCATION: 336, 342, 344, 346 North Azusa Avenue, between Workman and Thelborn. Planning Commission recommends approval of request to reclassify The City Clerk stated that notice of this hearing was published in the West Covina Tribune on December 15, 1960, and that notices were mailed to the property owners in the area, fourteen in number. The reasons for the recommendation of approval of the zone change by the Planning Commission were read. MAYOR HEATH OPENED THE PUBLIC HEARING AND STATED THAT ALL THOSE DESIRING TO PRESENT TESTIMONY SHOULD RISE AND BE SWORN IN BY THE CITY CLERK. IN FAVOR Mr. A. Slade I have the adjoining property to 1924 E. Greenville Drive the zone change requested here. West Covina We have "C" property all the way through here. The American . Legion is doing business here, there is a food stand doing business and a vacancy which I believe is "C" property. Here we have a whole area with adequate room for parking. It is hindering nobody and could be used for good business property and is being wasted, as we see it, by having it R-P at the present time. We have one man unable to rent his building due to that fact that it is R-P and -we have people here right in the area doing a "C" type business. I feel we should have this property changed to C-1 so that we can get business in there. Mr. E. J. LaBerge, Jr. I would concur with the state- 20510 San Jose Ranch Dr. ments of Mr. Slade. Covina Mr. Casler was to be here tonight, but since he is not, at present, I would like to say that he is injured because the building has been vacant for nine months and he can't rent it R-P because of the price he has to charge. There is plenty of parking for "C" use and this will help him, and me, too, because we could build more buildings there and get more use for "C" rather than R-P. There being no further testimony, the hearing was declared closed. Councilman Towner: Mr. Joseph: Councilman Towner: Is there a precise plan over- laying this property? There are buildings on the land already. There is Copyrite, LaBerge Realty and parking in front. There has been reference to commercial with enough parking to meet zoning regulations. • C. C. 12-27-6o ZONE CHANGE NO. 171 - Continued Page Nine Mr. Joseph: We computed this, and at the present time, the amount of proposed commercial buildings would have adequate parking under our new standards. Mayor Heath: As I look at the map there are two parcels. Isn't there two buildings with a space in between.... it is two buildings and space where other buildings could be built. Mr. Joseph: There is a space between the two real estate offices at the present time. Mayor Heath: Is this zoning for the two and buildings or real estate office and two buildings? Mr. Joseph: The whole property. Mayor Heath: Which is three buildings and the vacant space. Councilman Brown: What is the depth on this? Not the total piece of property, but what is involved in the depth on this? Mr. Joseph: 195 feet in depth. Councilman Brown: Is that measured from Azusa Avenue or the service road along there? Mr. Joseph: From Azusa Avenue. Councilman Brown: That makes it about 130 feet in depth that you are talking about. Mr.' Dosh: 195 feet from a 100-foot right- of-way. Councilman Brown: What is the building setback? Mr. Dosh: 60 feet. Councilman Brown: 60 feet to curb plus 5-.foot sidewalks. Councilman Towner: This backs up to property already zoned for apartment use? Mr. Joseph: Yes, apartments could go on it. They are proposing to leave a portion of this property for R-P, about 100-feet...it scales off to 95 feet ... and Mr. Horny's project would go in on this property zoned in here. C. C. 12-27-60 Page Ten ZONE CHANGE NO. 171 - Continued Councilman Brown: I believe there should be a curb there. This 195-foot depth on the precise plan comes in for all this property up to Thelborn, but it was only 195 feet on the northerly end, the remainder was zoned R-3, which makes the back four lots for R-3. It was stated this was all C-1 starting at the American Legion building, but that is R-P property. It is zoned C-1 to the south of it, but if this is zoned C-1, the American Legion will be back to have theirs zoned C-1, too. They have been talking about parking, and although I couldn't say about the subject piece of property, the American Legion property has an overlying fee on it, so a portion must be kept open for roadway and not all of it is used for parking space. I am sure that the Planning Commission took this all in relative to parking space. I do not know about the other piece of property, but this property was sold to the owners for R-P property. A couple of months ago they told the Council there was a demand for R-P on Azusa, so we zoned more for that zone from Eckerman to Danes on Azusa, Maybe we were wrong in zoning this R-P property at that time. Maybe we should have left it at R-1. Tonight we are told there is no demand for R-P, so it should be changed to C-1. • About nine months ago we denied on the original piece of property on this map an application for a pharmacy on the north side of Workman Avenue next to R-3. We denied a medical center there to operate a C-1 zone in the way of a retail drug store in connection with the medical center. If this is zoned C-1 all we are doing is creating a disease that will spread throughout the whole street. The Planning Commission just denied a request for a change to C zoning on Rowland and Azusa. I think somewhere along the line, we are being very inconsistent. Denying on one side of the street and giving on the other. Councilman Towner: You have to consider these things in their particular circumstances. Obviously, there are differences between property at Eckerman and property down here on existing zoning and usage. I do not recall any decision on this that Council passed on findings there was a demand for R-P zoning. We made a decision based on the findings that this was the highest and best use, under the circum- stances. I certainly sympathize athize with the minority vote of the Planning Commissioners, as C-1 strip zoning of commercial isn't my idea of good zoning, it is very poor zoning. But on the other hand, the die was cast on north Azusa some long time ago when the American Legion applied for useage there and at that time the decision was made and we have been faced with the pz•oblem ever since. I think we must recognize the facts for what they are and do what is necessary under the circumstances. C. C. 12-27-60 ZONE CHANGE NO. 171 - Continued Page Eleven Councilman Barnes: I have been on both hearings, this and the Mayer property adjacent to Workman Avenue. The Mayer property was denied; however, at that time I felt it should be C-1 zone. I also feel tYis property should be C-1 rather than R-P in the rear. I feel that the corner of Thelborn and Azusa should have adequate parking. I do not feel that we should come in with additional buildings like the applicant says, to put more buildings on without adequate parking because we have a street in front of the Legion building, and we should also require this same street in front of any buildings at this address. We have zoned some R-P to the north, and I stated at that time that if you zoned R-P there, the present R-P will come in for C-1 and this hearing is bearing this out. However, we have started something here and I do not think we can stop it and should make this C-1 at this location. Councilman Snyder: I think Mr. Casler in his present- ation to the Commission made a statement about a precise plan showing a commercial building fronting in the rear on Thelborn Street. Mr. Casler: The setback is 60 feet and has a 70-foot frontage facing Azusa. Directly behind that building • is 25-foot depth, and directly behind I have a 70-foot building by 25 feet deep with adequate parking and still have facilities for 24 or 25 parking stalls in the rear of the buildings and in front, all told. It would face"fhelborn, the other building would, and parking is in the rear. Councilman Snyder: Another remark was made that although the American Legion isn't zoned C-1 they are actually putting it to use as operating C-1, selling liquor, dances being held ... it is the sort of activities more likely to be found or going on in a commercial area. I am at a loss to understand just how useful that R-P is going to be in the back. If I were coming in for C-1 I would ask for the whole thing, and I do not know why they left R-P in the back unless as a buffer, but I do not see how useful it is going to be. By making Thelborn as commercial, it means a more heavily used street which opens directly into a commercial area. It certainly appears there has been inability to plan Azusa Avenue, but that it has been just a matter of giving something as they came in and asked for it. Probably we will not be able to stop it, but I am not so sure that I favor C-1 at this location. C . C . 12-27-60 Page Twelve ZONE CHANGE NO. 171 - Continued Councilman Brown: The clubhouse is in R-P under the ordinance, and the American Legion and Elks function as such. A person, as a non-member, cannot be served at the bar and any person 40 so served must be present as a guest of a member or have the necessary card identification. If this is zoned, it will affect the American Legion property and put the strip directly to the north within C-1 on both sides so that you are just opening up the whole street for C-1. Mayor Heath: On this property left to the rear, as I understand it, will remain R-P if this goes through. Is it large enough to develop in that way? It will leave a small parcel back there. At the present time, the whole piece is R-P and developed with enough parking, but if you split the front end and the back end and develop C-1 could it be done and have enough parking spaces? Mr. Joseph: There is 100 x 144 feet in there and I imagine it could be devel- oped adequately. However, in R-P you have a self-limiting factor by the number of parking spaces required. The building would be limited by the amount of parking spaces you could get in there. It would be about one to one for pure office use and two to one for parking for medical office facilities. Mayor Heath: What we have heard here would indicate some questions in the mind of Council. I would like to suggest this be held over for study, mainly from the point of viewing the property. The street in the front, with the amount of property tied up for parking, is something you can't pick up from looking at maps. I have seen the property many times in passing by but have never stopped to study how it might be developed in a worthwhile manner as commercial or R-P, specifically. I think we should cold it over and in the meantime visit the site individually, look at it to see what the situation here actually is, and then possibly we will be on safer ground to make a decision by next meeting. Councilman `'owner•: I would be willing to hold it over for study. It is an extremely difficult situation on North Azusa Avenue. One thing I think all should examine is the existing precise plan and determine whether it is suitable for C-1 zoning. Councilman Brown: I would go along with Councilman Towner's statement. Motion by Councilman Brown, seconded by Councilman Barnes, and carried that Zone Change No. 171 be held over for further study and in the meantime the Planning Department have available for Council copies of the original precise plan at the next meeting. so 16 C. C. 12-27-60 ZONE CHANGE NO. 171 - Continued Councilman Towner: Councilman Brown-, Councilman Towner: Page Thirteen I am not sure what you mean by the original precise plan. Only one we are interested in is what is on the property now. Everything built there was built on the old precise plan, there is no change from the original. Then there should be existing usage plotted out for us, plus the precise plan indicated. This was agreeable to all members of Council, Councilman Brown left the Chambers and did not return for the remainder of the meeting. ORAL COMMUNICATIONS Mr. J. Hiatt-. I understand the matter of laundries in C-1 was just read and passed? Mayor Heath: Your communication was presented to us before the meeting tonight and we haven't had an opportunity to read it. However, it was felt that the Planning Commission should be advised of the contents of the letter for their own information and action was taken to refer it to them for their recommendation. Mr. Hiatt: We went through the Planning Commission three times and it came up to Council once and it was O,KId. We have made a lease with these people for a laundry and they haven't a license to do washing in that place in C-1. The Planning Commission passed it, and I feel that it is time for somebody to take action. These people do not know whether they have been discriminated against or what has happened, but Council should take notice of it and take action tonight on it. Since October 24th., we have been that is too long and somebody is there is no action tonight. wrestling this thing around and going to do something about it if I have met with the City Clerk, City Manager and Mr. Joseph, and I received $175.00 for this lease and have spent $500.00 to try to get a license which has been guaranteed at the time you passed on the 2 H.P. motors here. Mayor Heath-. Mr. Hiatt has a letter here with information in it. Perhaps he would like to state his side orally so that we can get a better understanding and at that time see whether we care to act on it or hold it over. C. C. 12-27-6C Page Fourteen DISCUSSION RE. LAUNDRIES IN C-1 - Continued Mayor Heath (Continued): However, I do not think we can act tonight because there is nothing legally that we can do tonight. However, he can orally tell his side of the story so we 40 a.e perhaps better advised. Councilman Snyder- I think that perhaps either the City Manager, myself, the Planning Commission, or Mr. Joseph should be permitted rebuttal. Mayor Heath- Mr. Williams, is there anything we can actually do tonight on this? If nothing, we will close this matter right now, or if there might be something we can do tonight we will hear this. City Attorney Williams- I do not know what final action you can take tonight. It seems to me that the misunderstanding boils down to this. That at your meeting, when these gentlemen were present, and also present was the gentleman who wanted a cleaning establishment, you listened to them both and according to the recom- mendation of the staff, the action which you then indicated was it would be legal to conduct a laundry agency at this location with pressing on the premises. Indications were you would not indicate actual laundering of clothes on these premises as possible as this is a C-1 zone. Mr. Hiatt seems to have understood that at that time, you, the City Council, indicated that in the C-1 zone it was proper S; to have not only laundry agencies but actual laundry there. This seems to be the basis of the misunderstanding. As to what could be done. As Mr. Joseph indicated, there is presently before the Commission a study with the view of possible amendments of the zoning ordinance relating to the zones in which all various kinds of laundries and cleaning establishments would be permitted. It could be, as a result of that study, that they come up with some kind of definition of smaller laundries that might go into a C-1 zone. Assuming they would, it would be three months from now before it was effective. These gentlemen also requested the Planning Commission to exercise their power of interpretation. There is a section of the zoning ordinance which states that if any use is omitted from the list of uses or the ordinance is ambiguous as to what is permitted in cer- tain zonings, the Planning Commission may declare where a use shall go and if approved by the Council it shall be binding. The situation with respect to laundries is that they are not mentioned in the C-1 zone except as laundry agencies. Laundries, just that one word, are a use permitted in C-3 zone. This would restrict hand laundries should be permitted in a C-1 zone and is a matter of interpretation and as a hand laundry they had quite a few pieces of machinery. If you feel the word "laundries" does not include this type of e:.,tablishment, refer it back to the Planning Commission that it was not your intention to indicate this kinO. of laundry, You cannot make an interpretation, but only concur, but you could get them to reconsider that word (laundries) in C-3 doesn't include this. M 0 C. C. 12-27-60 DISCUSSION RE. LAUNDRIES IN C-1 - Continued City Attorney Williams (Cont'd): ion that there has been nothing but because it is not C-1 neighborhood, the downtown section of West Covina. Page Fifteen Another thing is to rezone this to C-3 to make it legal. It is on Glendora, and it is my opin- trouble arising in this location but is immediately adjacent to You could start a rezoning, but there is nothing you can do that would dispose of this matter tonight. All you could do is start a proceeding to resolve it. There is a study being made now to possibly resolve it. Rezoning or referring it back for reinter- pretation if it seems possible the word "laundry" in the ordinance doesn't refer to this type of enterprise. Councilman Snyder: The Commission spent a half hour interpreting this. There were two members who thought that possibly "hand laundry" was similar to a laundromat, not laundry, but after 45 minutes they felt hand laundry was a "Laundry with machines, employees, and under the ordinance it has to go in C-3 zone. It is all a matter of interpretation, but they hoped that by such an interpretation it could be the same as a laundromat or agency and could go in C-1. Mayor Heath: Is it felt that if' Council now made determinings as to their feelings of what is a laundry and referred it back to the Commission it would help? Is it too late? If we came up with our opinion of laundry, would it help or be too late? Councilman Snyder: City Manager Aiassa: Mr. Joseph: I would refer that question to Mr. Joseph. That is putting Mr. Joseph on the spot. I do not know. Councilman Snyder: I do not think we can actually tell. They deliberated on this thing 45 minutes and after that they had to decide that hand laundry was a Laundry for two reasons: laundry was done on the premises although no trucks were bringing in the laundry, and there were several pieces of machinery and sev- eral employees. They really wanted to help these people, but after much discussion they could not find a way out, under the present ordinance. City Attorney Williams: I do not believe it would help to refer back the matter of interpretation. I do not see how it is possible to interpret laundry as some kind and another kind of laundry... it means all kinds of laundries. Councilman Towner: I recall that "agency" was expressly included so there was no actual washing on the premises in the neighborhood shopping centers, and I do not believe it could be interpreted any other way because it was our intent. C. C. 12-27-60 Page Sixteen 10 DISCUSSION RE. LAUNDRIES IN C-1 - Continued Councilman Towner (Continued): The problem as expressed by the City Attorney has merit in that we may be having difficulty in the zoning in that particular area. It is unfortunate there was a misunderstanding, but I can't see how we can change the law off the cuff. Councilman Snyder: The only possible thing is the ordinance change, and that will take three months and maybe they won't decide to change the ordinance in that respect. Only other possible solution is change of zone or variance. City Attorney Williams: I think an expression of opinion might be helpful to the Commission on the subject whether they should attempt to put into C-1 zoning, in revision, any type of laundry and how to define that which is permitted as distinct from that which is not, If there would be indicated something along that line they might write it into the amendment they are working on. Councilman Barnes: Weren't they trying to prevent, in C-1, trucks hauling in and out and confining that to C-3? City Attorney Williams: I am not sure of the motive, but possibly it was to keep into C-1 only those things that serve the immediate neighborhood needs and not from all over the area which might be located somewhere else. This would be in accord with per- mitting agency but not actual washing of clothes ... that could go in anywhere. Councilman Snyder: We should explain under the law what we can do. We would cer- tainly like to resolve this, but we must operate within the law, I think it is up to the Planning Commission to study this and give recommendations. Mayor Heath: Do you think indications should be made by Council tonight as to their interpretation of laundries and where they should be used, or permit the Commission to come back with recommendations on their own? Councilman Snyder: I do not think we'have enough information as to what composes a laundry. Councilman Barnes: I don't either, and I would rather hear the Commission's interpretation and what their studies bring out. Mayor Heath: The City Attorney advises there is no final action we can take tonight. However, I would like to extend the courtesy to Mr. Hiatt to express himself on this even though there can be nothing finalized tonight. C. C. 12-27-60 DISCUSSION RE. LAUNDRIES IN C-1 - Continued Mr. Hiatt: decision on a Planning far enough, but this is they say a hand laundry Page Seventeen What I do not understand is the City Attorney's interpretation that this body can't make a Commission matter. Maybe my law didn't go the final governing body of the City and if goes in, that is it .... or maybe I am wrong. Here is a picture of the laundry at present having seven machines. The reason I am so "set" about this thing is because I am trying to do things right and would have received no lease unless it was O.K'd out of here. I was led to believe that as soon as the 2 H.P. was taken out they could have a hand laundry here and we gave them a lease. Now they can't have "washing machine, tumbler and dryer". There are seven stores down the street and there are washing machines there acting as tumblers. A laundromat has got to have dryers. What is the difference between that and five doors away with a laundry that handles 1000 to 2000 pounds of clothes a week at five cents a pound and must now get it washed outside? There are no trucks coming in and out at the back and the Boulevard Cleaners has trucks four or five times a day bringing in and taking back laundry. There are seven ironing machines, some for sleeves, cuffs, collars. Why name what machines are in there? This -is a neighborhood business because you come down the street to get a cigar in the drug store, food at the delicatessen and they • come in here and drop laundry and get it at night -....which should all be considered. The Planning Commission failed to make an interpretation between neighborhood and commercial laundry use. But we are going to do everything we can to see the right thing is put in. This wouldn't have happened if it had been. Here is a man that has opened up with $15,000.00 machinery and electrical equipment and now he must send out this laundry and pay $50-00 to,$100.00 a week for it to be washed. We attended meetings on October 25, November 9, and the 16th and another date of Council to get it, finally got it and made lease on December 1. Since October to December 27th we have been here. It is ambiguous to put the word "agency" in there. What does laundry mean, launderer mean, cleaner mean? What is there, actually, between these sort of things. Is there discrimination in this law between laundromat and neighborhood laundry? All they do is launder in there after putting shirts through, but they need to wash and tumble them. Down the street, five doors, they've got a laundromat which does the same thing. The same thing they can do he can't do just because it says "laundry" and that other is a laundromat. Maybe we should have applied for a laundromat. They've got 32 machines down there, washers, dryer and tumblers... 6 dryers.. and a larger boiler and the whole business and they can go ahead. C. C. 12-27-60 Page Eighteen DISCUSSION RE. LAUNDRIES IN C-1 - Continued Mr. Hiatt (Continued): The thing the Planning Commission stated was that this was a place where people came in and did it themselves, were in the neighborhood, while in laundry someone does it for you. That is no reason for discrimination. These people use no inflammable material, only soap and water. The only thing he needs to operate is to have a washer, tumbler, and dryer to save the cost of sending out for washing, the rest of the machinery is in there. It seems you would have to wait so long to have these things happen that they won't get this until maybe next February or March. I think something has to be done for this fellow right here and right now. Councilman Barnes: Is there anything we can do to expedite this matter? I think we have done everything we can do so far as tonight is concerned. Councilman Snyder: The reason we have the Commission study these things is to avoid making impulsive decisions. It will make a difference if there is a decision to put these in C-1, it will set a precedent for similar problems of a similar nature. Mayor Heath: It is unfortunate there was a misunderstanding on this, but it is not good to move on oral comments, but to wait for written notice as in a resolution or ordinance. Oral comments aren't necessarily a justification for proceeding. We certainly would like to give some action on this tonight if we could, but we cannot do so as it would violate our own laws and if we deliberately do that we are violating the law the same as you. The City Attorney ruled there can be no action tonight and -he is on.your side and we can only hope that we can get a decision and recommendation from the Commission and then we will act upon it at that time. Mr.,Hiatt-. I was told by the Planning Commission that I had no right to appeal to the Council and that can be verified by Councilman Snyder or Mr. Joseph. I think somebody should tell them just what is what. Mayor Heath-. The Commission acts as an advisory group to us and for us to tell them how we want things done would defeat their purpose. They make recommendations on their own and we balance it by our indications of whether we feel they are wrong or right. We can indicate to them what our interpretation might be, but that is still influencing their thinking and so that does no good whatsoever. However, we do not feel on the spur of the moment, sitting here, that we can make any determinings of what a laundry is and it would not be fair to you, to those who will come along, nor to the City. Councilman Barnes: I think we should request the Planning Commission to make determinings as soon as possible of what their findings are and recommend to us. C. C. 12-27-50 Page Nineteen Mayor Heath called a recess. Council reconvened at 9:05 P.M. DISPOSAL COMPANY CONTRACT Mayor Heath: At a study session FOR THE CITY we discussed the contract with the West Covina Disposal Company and there were certain items that Council asked for clarification on, or changed. I met with Mr. Thorsen, who is in the audience at the present time. There has been placed in the Council envelopes some of the questions that arose and which we have tried to clear up, The reason I am bringing this matter up at this time is that Mr. Thorsen explained it would be very advantageous for him to have a contract as of January 1, which isn't very far away. There are a few items here which I have answered and he has answered and it seems to be the only difference between a suitable contract and no contract at all. Mr. Thorsen would like to have this consummated because of financial, fiscal and bookkeeping reasons. Perhaps we could run through these matters and come up with something for the City Manager to line up relative to a contract being made by the City Attorney. The renewal is for twelve years. A twelve year contract is necessary to procure the type of financing needed. However, actually the con- tract is a series of four year contracts. Consider conditions resulting from change of ownership - contract should contain---- The new proposal does now contain the right to review every four years by EITHER party and the review can be for any reason. Consider service - whether satisfactory or not. City should have the right to approve change of ownership. Mr. Thorsen agrees to include in the contract that this contract can be voided whenever and if he retains less than 51% of the stock. At this time the City can deter- mine if they wish to award the same contract to his successors. Consider the study of gross receipts on a graduated scale and the amount of the gross receipts. The changing of the percentage of gross receipts every year slides from 4% the first four years, to 4-1/2% for the second four years and 5% for the third four years. This is a sliding scale based on anticipated increase in population. However, this again is reviewed every four years in case the popu- lation increases more than anticipated. Include the necessary provisions for audit by either a CPA or P.A. and the right to review the books at any time. The present con- tract provides for a report by a CPA, but it was overlooked in the revisions. Mr. Thorsen heartily agrees to the annual report of a CPA and review of the books at any time. Consider right to use equipment for ninety days. The rate charged would be the rate indicated on the company's books. The City would take over equipment at the operating expense on the books and the insurance which is an operating expense would also be taken over by the City. The statement "subject to normal usage" is a standard term, but Mr. Thorsen will agree to any like or more explicit terms. 0 • C. C. 12-27-60 DISPOSAL COMPANY CONTRACT - Continued Mayor Heath (Continued) Fage Twenty Change in hours of pick up. This would have to be done by ordinance. Councilman Barnes: I have one correction. In the Minutes we received it was stated 7:15 A.M, for pick-ups, but it didn't state it was for residential areas. I want it to be clarified that commercial areas could be picked up at 6 A.M., but only resi- dential shall be done after 7:15 in the morning. It was my understanding that the City Attorney, City Manager and Mr. Thorsen would get together on this before it was brought back to us. Councilman Towner: Without having an actual contract proposal, it is a bit difficult to speak off the cuff this way. The only thing I have in mind at present is the use of equipment for 90 days in case the City is dissatisfied with the service. If at the end of 90 days the equipment and operation of the company returns to the company, we would be right back in the same boat ... still dissat- isfied with the business and only 90 days operation of the business. I do not think the City could take it over and operate it under that basis. I do not know whether the 90 day limit is the problem or not, or how it should be worked out, but I feel this needs review. Mr. Thorsen: I gave a copy of the proposal to Council and also a copy of what I was going to talk about. The contract or proposal asked for is actually a revision of the original contract in 1953, and the extension of the contract as written in 1957. In the original proposal, I asked for 12 years and I would like to go through this and what it means to either side. The contract is reviewed either by us or the City every four years if requested by either party. This is done assuming that we have a new Council or partially new Council every four years. Also, there is the matter of possible depression, inflation or new means of rubbish disposal. In depression I would probably be asked to lower the cost, but if inflation I would like to ask for an increase if found nec- essary. In either case, both have right to terminate this contract. Getting to the matter of the equipment. The reason it is in there is this, Assume you do not like my service or I terminate or some- thing happens. In 90 days you would have time to get another contractor to take over the job or the City would have time to buy trucks and go ahead with the operation plus the fact there is a bond. The purpose is to meld this together with the two former contracts and come up with one workable contract. In the event the contractor is unable to collect cr remove garbage, the amount of the said bond is forfeited to said City provided the contractor is unable to do it due to strike, government regulations or Acts of God. C. C. 12-27-60 Page Twenty-one DISPOSAL COMPANY CONTRACT - Continued Mr. Thorsen (Continued): On the next page there is an agreement which provides that in the event the service is not satisfactory, it shall be indicated in writing and if nothing is done to correct the situation it can be cancelled in ten days and we are willing to incorporate this into the agreement. If you will take the original proposal, old contract, and my sum- mary of what I talked about and over with you gentlemen, the City Attorney, City Manager and Mayor, it will give you the idea of what is proposed. So far as the price structure, ours is the cheapest in the Valley for the amount of work involved and we gave you the prices in other cities. Mayor Heath stated there were three written pages he had made which evidently were not included in the typewritten question and answer memorandum. Councilman Towner: It is my view that it is advant- ageous to the City to have the disposal system on a sound financial basis. I think the proposals are generally satisfactory to the City, although there are possibly some problems in drafting a contract which we can't sit down and do tonight. We should have a review by the City Manager and City Attorney before we approve it, but so far as I am concerned, I think that Council . has generally indicated they would go along with the renewal of the contract on this basis. There is one other point to bring up, and that is the possibility of the City of West Covina or this area possibly participating in some type of activity such as the School Operation in Glendale, ... a City owned dump converted to recreational use area as time goes on. Mr. Thorsen: Private enterprise can operate a lot cheaper than any County or City operation. I sat with the City Manager and City Attorney and drafted this pro- posal and they suggested certain things and I put them in. I believe the whole thing is here and it is only a matter of the City Attorney melding it together. Councilman Barnes: I thought of the things that were going to happen after our suggestions the other night, and one was a three (3) year review instead of the four (4) year review, in that the City Attorney, City Manager and Mr. Thorsen were going to get together and take the points brought out in that meeting and incorporate them in the contract before coming back to us. Mayor Heath: That was part of the feeling, but it was later changed that I would talk with Mr. Thorsen and point these things out at the City Manager's request. I met with him, and the things indicated in the questions and answers were cleared up. However,. are all the questions answered and if so, would there be a possibility of making some forward motion here and if not, Mr. Thorsen is here to answer any questions you might have. • C. C. 12-27-60 Page Twenty-two DISPOSAL COMPANY CONTRACT - Continued Mayor Heath (Continued): He is, I believe, working against a deadline and if we are of the opinion this could go ahead, I think we might take the next step, whether it is finalizing the contract, issuing orders to redraw the contract or something. Councilman Towner: We need some firm proposal in all of its detail in front of US. Mr. Thorsen: I believe I have given you that. Councilman Towner: We haven't seen it all in one piece but only piece -meal. Mr. Thorsen: There is the original proposal and the questions you asked for and then meld that into a con- tract. But I would like you to pass on the proposals that way now and then the City Attorney can draft a contract from that. Councilman Snyder: Mr. Thorsen: Mayor Heath: City Attorney Williams: Is time the matter of a fiscal year? Yes, and we have some property. If we would adopt -this, say, in the middle of January, could it be retroactive to January 1? Yes, you could adopt it in March and make it retroactive. However, I would like to state that I will not do anything on this before the end of the year, as time has already run out and I can't find opportunity to do it before then. Councilman Towner: I do not think we should neces- sarily place the drafting of the contract on the City Attorney. We should have the complete proposal in one package presented to the City Manager, have it reviewed by him to determine whether there is need for any further negotiations, then City Attorney review it and make any comment and then brought back to the City Council. Mayor Heath: However, do you agree with this proposal in essence? The members of the Council indicated in the affirmative. Mayor Heath: Then take all these facts that we have, the information from the questions and answers, the amendment to the contract previously and the original contract and compile them all into one. City Attorney Williams: I would suggest that Mr. Thorsen meet with his attorney and deter- mine a preliminary draft contract which staff can review with copy to Council with written comments and then back for finalizing. M 0 C. C. 12-27-6o DISPOSAL COMPANY CONTRACT - Continued Page Twenty-three Mayor Heath: We can submit all information to you and you can have your attorney draw this up, including all infor- mation in one form, and if you can get this to us as quickly as possible in this. form, perhaps we can act on it. Councilman Barnes: Give h the Minutes as taken at our study session. City Attorney Williams: Councilman Snyder: Mr. Thorsen: Mayor Heath: Mr. Thorsen: Mayor Heath: CITY MANAGER REPORTS OCCIDENTIAL LIFE INSURANCE REPORT AMENDMENT I have no objection re -writing this if there is no pressing priority. Would making it retroactive to January 1 be satisfactory? Yes. If we can get this before January 9 we should be able to act on it at that time. If I could get it to you by this Friday, could you act on it by your next regular meeting? I think it would give the City Attorney the opportunity to look it over so that we might act on it then. Report submitted prior. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the City Attorney be directed to prepare the necessary amendment. PERSONNEL - TWO BUDGET POSITIONS Maintenance Craftsman and Sign Painter Deleted items Council had in mind, Blacksmith, etc. and reworked the description of the positions. RESOLUTION NO. 1990 Amending Resolution No. 1277 ADOPTED Mayor Heath: The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 1277 BY ADDING CERTAIN CLASS SPECIFICATIONS." Hearing no objections, we will waive further reading of the body of the resolution. 711 • C. C. 12-27-60 RESOLUTION NO. 1990 - Continued Page Twenty-four Motion by Councilman Barnes, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows-, Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes. None Absent-, Councilman Brown Said resolution was given No. 1990. PROTEST TO A111-60-1 This was information submitted by the Sanitation Department and relates to the Magnolia Avenue and Larkwood Street area. It was reviewed by Mr. Sorenson and it was indicated that this is not the time to review the protest but accept it, place it on file and re -submit it for review when the Resolution of Intention of established public hearing on this project takes place. Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the protest petition from the residents on Magnolia Avenue and Larkwood Street, signed by the following-, Herbert E. Holmes, 626 Magnolia John S. Rousseau, 2508 Larkwood Henry Levin, 621 Magnolia Harold A. Douglas, 620 Magnolia Robert J. Malouf, 615 Magnolia Mrs. Peter Masonis, 601 Magnolia Charles S. Tellis, 633 Magnolia Carl J. Agajanian, 629 Magnolia be received and tabled until the proper legal time of hearing for this district, and that the City Clerk file these petitions and have them before the Council at the time of the hearing. MORITZ PICK'S PROBLEM Motion by Councilman Barnes, HELD OVER seconded by Councilman Towner, and carried, that this be field over to the next meeting of Council. PEACE OFFICERS REIMBURSEMENT The City Manager indicated that Council had agreed to proceed on this so long as there was the provision to be able to terminate and since it is a voluntary plan there is a provision to do so. It was indicated that first reading of the Ordinance had been given and the second reading would be done this evening. TREASURER°S REPORT NOVEMBER, 1960 Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the Treasurer's Report for November, 1960, be received and filed for the record. C. C. 12-27-60 Page Twenty-five DECLARATION OF PLANNING The City Planning Commission PRINCIPLES adopted the principles for the City of West Covina pertaining to this general plan, by a Resolution of which Council has copies. The City Manager asked if there was any discussion on this matter or if the Council would go on record as adopting the Commission resolution by their Resolution. Councilman Snyder-. The only comment is that possibly the general plan as drawn up will have revisions of this preamble in time, but at least it gives a stated principle so far as the City, and if adopted by resolution, any deviation from this must be done with more thought. In my opinion, it never hurts to state your plans in advance, especially on an undertaking as big as this. Although it is only a few sentences and rather general, it gives more strength to the general plan. City Manager Aiassa-. You could spread this Commission resolution on the Minute books and have a motion accepting the Commission. Resolution No. 993. PLANNING COMMISSION RESOLUTION NO. 993 . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA ADOPTING A DECLARATION OF PLANNING PRINCIPLES. WHEREAS, the Planning Commission of the City of West Covina is about to embark on a program which will lead to the development of a Comprehensive General Plan. WHEREAS, the Planning Commission feels it important to define the objectives to which the General Plan will be directed so that those participating in the Plan preparation will be guided. NOW THEREFORE BE IT RESOLVED that the Planning Commission adopt the following Declaration of Planning Principles as a statement as to its anticipated objective. DECLARATION OF PLANNING PRINCIPLES FOR THE CITY OF WEST COVINA In order to provide an effective guide in the formulation of a Comprehensive General Plan the Planning Commission and the City Council of West Covina hereby states a philosophy of munic- ipal purpose. The Comprehensive General Plan will be based on these basic premises: flWest Covina is basically a City of homes and families. West Covina,;is in an optimum location as the commercial, cultural, and governmental center of the San Gabriel Valley and should continue to be so promoted. 3) West Covina needs to provide places of employment opportunities and to create a balanced tax structure. C. C. 12-27-60 Page Twenty-six. DECLARATION OF PLANNING PRINCIPLES - Continued 4) West Covina will continue to grow in land area and the Comprehensive General Plan must anticipate the growth beyond our borders. 5) West Covina should provide the responsibility of leader- ship for cooperative planning in the East San Gabriel Valley. Planning is a continuous process and the Comprehensive General Plan offers a framework for this process. This means that the plan must be firm in specifications, but yet flexible to meet the changing need of the community. The role of the Planning Commission in the formulation of the Comprehensive General Plan will be: 1) Work with the consultant and staff on the precepts established by the declaration of principles. 2) Gather facts pertinent to this study and review public opinion. 3) Report to the City Council on the progress of the plan. 4) Hold public hearings and prepare firm recommendations for transmittal to the City Council once the Comprehensive General Plan has been completed. The role of the City Council in the formulation of the Comprehensive General Plan will be: 1) Be responsible to keep abreast of the Planning Com- r,iission study on the plan, . 2) Become familiar with the information gathered and its significance. 3) Hold public hearings on the plan once it is received from the Planning Commission. 4) Adopt the Comprehensive General Plan as a guide for community growth and work to implement the Plan in the interest of the City of West Covina, BE IT FURTHER RESOLVED THAT THIS RESOLUTION be forwarded to the City Council for their consideration. I HEREBY CERTIFY that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina at a regular meeting held on the 21st day of December, 1960, by the following vote: AYES: Commissioners Hall, Renwick, Launder, Thompson Chairman Jackson NOES: None ABSENT: Robert L. Jackson Chairman, Planning Commission DATE: December 21, 1960 Harold Joseph Secretary, Planning Commission Motion by Councilman Snyder, seconded by Councilman Towner, that Planning Commission Resolution No. 993 be adopted and tl-ie entire resolution spread upon the Minutes. C. C. 12-27-60 Page Twenty-seven ENGINEER'S REPORT ON SIDEWALKS LOCATION.- South side of Puente TRACT NO. 22669 Avenue, west of Azusa Avenue. HELD OVER Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that this matter be held over to the next regular 40 meeting. 0 STREET SWEEPER Specifications are to be presented HELD OVER to Council with a request to take bids. Budget provision is made at an estimated cost of $12,000.00 or $13,000.00. I believe a question was raised by Councilman Snyder relative to purchasing the same type as we now have, particularly in relation to more easily obtaining parts, etc. The City Manager indicated that the City doesn't stock any parts except the minor pieces. Councilman Snyder asked how about brushes and the City Manager indicated that the City makes its own and the only thing that might be considered would be the broom itself, so it fits our broom sweeper. However, the Department heads indicate that the present sweeper is some sort of a problem in keeping repairs and it might be thought better to change the model to give better operation and maintenance cost. The City Manager further indicated that he had made extensive studies of such situations when he worked for other cities, and sometimes it was better to make a change if the actual cost of operation was reduced considerably. Councilman Snyder stated there should be recommendations along this line, with the bids, from the Department heads, This matter was held over pending a study of report to be presented. RESOLUTION NO. 1991 Honoring Ernest E. Debs ADOPTED Mayor Heath: The City Manager presented.- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA HONORING ERNEST E. DEBS FOR THE FAVORABLE SERVICE HE IS RENDERING TO THE CITIZENS OF THE COUNTY OF LOS ANGELES." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Towner; that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent.- Councilman Brown C. C. 12-27-60 SUBMISSION OF LETTER FROM PERSONNEL BOARD Page Twenty-eight Received by Council and joint meeting January 3. Mayor Heath requested the City Manager to contact the Chairman and the meeting is to be held at 7 P.M., January 3. REPORT TO BE RECEIVED ON FINANCIAL ARRANGEMENT RELATIVE TO BRIDGES CITY ATTORNEY ORDINANCE NO. 687 Relating to training of law enforcement officers ADOPTED Indications were that it was necessary to deposit some advance money which, however, will be reimbursed to the City but that it is necessary to take this advance money from the reserve fund. The City Attorney presented. - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING THE REQUIREMENTS OF SECTION 1355.22 OF THE PENAL CODE RELATING TO LAW ENFORCEMENT OFFICERS." Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the further reading of the body of the ordinance be waived. Motion by Councilman Towner, seconded by Councilman. Barnes, that the ordinance be adopted. Motion passed on roll call as follows. Ayes. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes. None Absent. Councilman Brown Said ordinance was given No. 687. ORDINANCE NO. 688 Relating to fees for health inspection ADOPTED The City Attorney presented. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION NO. 5110.2 OF THE WEST COVINA MUNICIPAL CODE RELATING TO HEALTH INSPECTIONS." Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the reading of the body of the ordinance be waived. Motion by Councilman Barnes, seconded by Councilman Towner, that said ordinance be adopted. Motion passed on roll call as follows. Ayes. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown Said ordinance was given No. 688. C. C. 12-27-6o ORDINANCE NO. 689 Rezoning certain premises (McGrath) ADOPTED Page Twenty-nine The 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." (R-P) Motion by Councilman_ Towner, seconded by Councilman Barnes, and carried, that the reading of the body of the ordinance be waived, Motion by Councilman Towner, seconded by Councilman Barnes, that said ordinance be adopted. Motion passed on roll call as follows- Ayes- Councilmen Towner, Barnes, Snyder, Mayor Heath Noes- None Absent: Councilman Brown Said ordinance was given No. 689. ORDINANCE NO. 690 Relating to slight modifications and a review board ADOPTED The City Attorney presented- "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE ZONING PROVISIONS OF THE WEST COVINA MUNICIPAL CODE BY THE ADDITION THERETO OF A SECTION RELATING TO SLIGHT MODIFICATIONS AND CREATING A REVIEW BOARD." Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the reading of the body of the ordinance be waived. Motion by Councilman Snyder, seconded by Councilman Barnes, that said ordinance be adopted. Motion passed on roll call as follows- Ayes- Councilmen Towner, Barnes, Snyder, Mayor Heath Noes- None Absent- Councilman Brown Said ordinance was given No. 690. RESOLUTION NO. 1992 Appointing a City representative in small claims court ADOPTED Mayor Heath - The City Attorney presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPOINTING A CITY REPRESENTATIVE IN RE CLAIMS FILED IN THE SMALL CLAIMS COURT." Hearing no objections, we will waive further reading of the body of the resolution. Motion by'Councilman Towner, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes- None Absent: Councilman Brown Said resolution was given No. 1992. C. C. 12-27-60 RESOLUTION NO. 1993 Declaring Result of the public municipal elections ADOPTED Mayor Heath: Page Thirty The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING THE RESULT OF THE PUBLIC MUNICIPAL ELECTIONS HELD ON NOVEMBER 8, 1960 AND THE RESULTS OF THE CANVASS OF THE VOTES CAST AT SAID ELECTION." Hearing no objections, we will waive further reading of the body of' the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Floes: None Absent: Councilman Brown Said resolution was given No. 1993• RESOLUTION NO. 1994 Requesting additional parking for post office ADOPTED Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING ADDITIONAL PARKING FACILITIES FOR THE WEST COVINA POST OFFICE." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows:. Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown Said resolution was given No. 1994. It was indicated that accompanying Resolution No. 1994 there should be a letter relating to this matter and signed by the Mayor. CITY CLERK WEST COVINA SOUTHWESTERLY City Clerk: We have on file a ANNEXATION NO. 166 certification from Benjamin F. Hite, Registrar of Voters. There are 186 registered voters in the area and 96 people have signed the petition. There are 71 valid signatures on the petition and only 47 valid signers are necessary, so the certification is in order. Motion: by Councilman Snyder, seconded by Councilman Barnes, and carrie-d, that the receipt of the petition be acknowledged and authorization given for it to be filed. Mayor Heath: Acceptance of this petition gives the City of West Covina juris- diction until the annexation is resolved. • C. C. 12-27-6o RESOLUTION NO. 1995 Declaring intention to call a special annexation election ADOPTED Mayor Heath: Page Thirty-one The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO CALL A SPECIAL ANNEXATION ELECTION AND FIXING A TIME AND PLACE FOR PROTEST BY PROPERTY OWNERS." (Southwesterly Annexation No. 166) (Protest hearing date January 23, 1961.) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown Said resolution was given No. 1995• REQUEST TO MAKE SALVAGE PICK-UPS St. Vincent De Paul Society APPROVED REQUEST FOR EXEMPT LICENSE FOR ST. MARTHA'S EPISCOPAL CHURCH APPROVED AS STIPULATED For 1961. Motion by Councilman Barnes, seconded by Councilman Towner, that the request of the St. Vincent de Paul Society be approved. LOCATION. 1116 E. Garvey Avenue To operate thrift shop. Motion.by Councilman Towner, seconded by Councilman Barnes, and carried, that the request of St. Martha's Episcopal Church be granted and that this exemption applies only to the license fee and operation, but that it is subject to all other applicable laws of the City. NOTICE OF APPLICATION FOR ALCOHOLIC BEVERAGE LICENSES No action taken. Ernest Cruz, Inc. No. 1 at 1260 Sylvan Avenue. Shakey's Pizza Parlor and Ye Public House, Inc., 357 N. Azusa Avenue. NOTE: See matter relative to discussion on the Pizza Parlor. • C . C . 12-27-e6o REQUEST FOR CARNIVAL AT ALPHA BETA STORE APPROVED AS STIPULATED to the inspection of the proper insurance be made to cover the employees. Page Thirty-two Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that the request for a carnival at the Alpha Beta Store be approved subject City Departments, and that the City, its officers, agents and Councilman Towner: My vote is in favor of the action taken. However, I have strong reservations and I do not think the insurance insures safe operation, which is the real point that we want, and secondly, I am not sure the City should allow operating carnivals and our policy should be reviewed at the earliest possible time as to whether we should allow them to be operating in the City at all. Councilman Snyder: I think there is a place for them in PROPOSED LA PUENTE ANNEXATION FILED WITH CITY MAYOR'S REPORT We should take this up at a study session, but we can't put a bad name on all of these carnivals. the American way of, life. Turned over to the Annexation Committee for a possible report. Mayor Heath: This Christmas, and more and more, children are receiving model air- planes with gasoline motors. There is a law on the books which prohibits the use of these in our City parks. However, I feel these airplanes, after 57 years, are here to stay and they are a part of the education of the children, and are becoming more and more of a favorite every day. I think that possibly Council should request the Recreation and Parks Commission to make a study of possible areas that might be set aside for flying these planes, since it is as much entertainment for children as riding on a see -saw or going down a slide. I do not think they should be flown in City parks because of the dangers in congested areas, but I think there might be some kind of study made for the flying of these planes in the City. Councilman Barnes: I also feel that way. After Christmas, I saw these planes flying in different residents' backyards. There should be someplace set aside so we don't have the problem of these planes in the residential areas. Councilman Snyder: I agree they are here to stay and are a welcome activity. Motion by Councilman Barnes, seconded by Councilman Snyder, that it is recommended to the Parks and Recreations Commission to make a study on possible accommodations for flying model airplanes within the City Limits, taking into consideration the methods of controlling these airplanes. (The method of control referred to is not as to number, but the various methods by which these planes are controlled; gasoline driven, radio controlled, etc.) ov C. C. 12-27-60 Page thirty-three DEMANDS APPROVED Motion by Councilman Towner, seconded by Councilman Snyder, that Demands in the amount of $147,759.96 as listed on Demand Sheets C-238, C-239 and B-68 be approved, this to include fund transfers in the amount of $70,862.29, with the exception of warrant number 11825 listed on Sheet C-239 which is approved subject to the clarification from the City Finance Officer. COMMENTS OF MRS. VAN DAME In regard to parking for the post office ... what can Congressman Rousselot do to get adequate parking and why did the City permit this building to be built without sufficient parking? I think it is up to the City. The Congressman can't create something that isn't there. Mr. Bowker stated the only thing he could do is get permission from commercial area adjacent for parking. Mayor Heath, land adjacent to post office to use City Manager Aiassa. Mrs. Van Dame. • Washington could do something. Councilman Snyder. ALCOHOLIC BEVERAGE LICENSE REQUEST City Attorney Williams. no action was necessary, is not The request would be for the post office department in Washington, purchase or lease for parking. When this was approved, the plan wasn't for a post office, but it was permitted in that zone usage, If Mr. Jett had had his way, it probably would have been in the right place. But it might be They are the renter. 357 N. Azusa Avenue. It has been brought to my attention that this item, which was previously indicated presently in a commercial zone. Mr. Joseph. This is an application on property for which there is zoning pending to be before the Council on an appeal since the Commission didn't approve his request. It is not there at the present time. It is R-3 zoning and vacant land. Councilman Towner. So far as the City is concerned, there is no need to place a formal protest with the Alco- holic Beverage Commission, and if zoning is denied, he can't place this use here anyway, and if granted then he has license. City Attorney Williams. They observe the provisions of the City zoning ordinance and no formal protest should be made, but I do think that a letter should be addressed to the Alcoholic Beverage Control Officer advising him this is presently zoned R-3 and proceedings are under way to zone this zone "C' which are now pending and that any license should depend upon the final outcome of the zoning matter. C. C. 12-27-60 Page thirty-four ALCOHOLIC BEVERAGE LICENSE REQUEST Continued City Attorney Williams (Contd)'. They do have the power to over- ride the City regulations, and we do not want to encourage anything like that, in that the ABC law says that they shall ' observe reasonable and legal requirements of the zoning ordinance, but the Court stated they are the body that determines the reason ,,is legal and valid. If they held it was unreasonable and arbitrary zoning, they could permit this., They should be informed and if a license is issued let it be effective upon the condition of zoning. Motion by Councilman Barnes, seconded by Councilman Snyder, and carried., that the City Clerk frame a letter and sign it advising the Alcoholic Beverage Commission of the present zoning on the property with copies to the City Manager and.Council. POP WARNER FOOTBALL Mr. R. Hallmark spoke of the Junior Rosebowl Game to be played at the West Covina High School grounds between the West Covina team and the Easton, Pennsyl- vania team, and indicated that a gift in the way of an official flag from Easton was to be presented to our Mayor by the Easton team with official endorsement from the Mayor of the eastern city. Mr. Hallmark further stated that this is an activity which it is hoped will become an annual event in the City, and it is felt it is important, since these little league activities are mostly in the east and there is a desire to see West Covina the point of • interest ofthePop Warner Football league in the west. There are 40,000 teams throughout the United States, Canada and Mexico and Philadelphia is the national headquarters. Councilman Snyder: Perhaps we can study this sit- uation and see if there is anything we can help to do to make this constant and refer it to the Recreation and Parks Commission to make a study on this., Mr. Hallmark: They are aware of the fact that the place they are play- ing is Cameron Park and if the playing field was two -feet wider they wouldn't get in there because of the trees and tennis courts. There should be, if possible, some provision made somewhere else in the City for football. Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that the Recreation and Parks Commission has indications from Council that it is interested in further study and the pre- senting of possible recommendations for a method of perpetuating this. RESOLUTION NO. 1996 "A RESOLUTION OF THE CITY Wishing Percy Jackson COUNCIL OF THE CITY OF WEST an early recovery COVINAWISHING PERCY R. ADOPTED JACKSON AN EARLY RECOVERY." Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. C. C. 12-27-60 Page thirty-five RESOLUTION NO. 1996 - Continued Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None 40 Absent: Councilman Brown Said resolution was given No. 1996. There being no further business, motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the meeting be adjourned at 10:35 P.M. to Thursday, December 29, 1960, at 7:00 P.M. APPROVED ATTEST: • City Clerk LI Mayor