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01-09-1961 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA January 9, 1961 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 Councilman Barnes, with the invocation given by Councilman Snyder. ROLL CALL Present: Mayor Heath, Councilmen Brown, Towner, Barnes, Snyder Others Present: Mr. George Aiassa, City Manager Mr. Robert Flatten, City Clerk Mr. Harry C. Williams, City Attorney Mr. Thomas Dosh, Public Works Director Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES December 27, 1960 - Corrected as follows: Page 23 - Paragraph Two: The statement of Councilman Barnes should read "Give Mr. Thorsen the Minutes, etc.," instead of "Give him the Minutes, etc.," as shown. • December 29, 1960 - As submitted. Motion by Councilman Barnes, seconded by Councilman Brown, and carried, that the Minutes of December 27, 1960 be accepted as corrected and the Minutes of December 29, 1960 be accepted as submitted. CITY CLERK'S REPORTS RESOLUTION NO. 1998 Final Map of Metes and Bounds Subdivision No. 135-158 (Union Oil Company) ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A FINAL SUBDIVISION MAP OF METES AND BOUNDS SUBDIVISION NO. 135-158; ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BONDS." LOCATION: South of Garvey Avenue, east of California Avenue. United Pacific Insurance Company Bond No. B-81812 in the amount of $32,000.00 for improvements on California Avenue and Center Street; Bond No. B-81813 for $7,000.00 for improvement of Vincent Avenue and Bond No. B-81814 for $2,800.00 for improvements on Garvey Avenue. The Traffic Division Report, as submitted to the City Manager, was read by the City Clerk. 0 L� • C. C. 1-9-61 3 RESOLUTION NO. 1998 - Continued Mayor Heath: Page Two 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 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. 1998. RESOLUTION NO. 1999 Accepting Corporation Grant Deed (Union Oil Company) ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." LOCATION: Center Street between California and Vincent Avenues. For street and highway purposes to be known as California Avenue and Center Street. 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 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. 1999. RESOLUTION NO. 2000 Meeker Avenue Private Contract - Sanitary Sewers ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND TIME OF COMPLETION OF AGREEMENT IN THE CONTRACT." LOCATION: Meeker Avenue and Yarnell Street. Travelers Indemnity Company Bond No. 899654 in the amount of $1,600.00 for sanitary sewers and appurtenances. The Plans and Specifications have been approved by the City Engineer and the prints signed by the County Engineer and Sani- tation.Division. A. H. Minor is the contractor. 0 • c. c.. 1-9-61 RESOLUTION NO. 2000 - Continued Mayor Heath: Page Three Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Brown, 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. 2000. LIGHTING MAINTENANCE Adoption of procedure regarding ASSESSMENT PROCEDURE lighting maintenance assess - APPROVED ment for the years July'l, 1961 through June 30, 1964. Mayor Heath: We received communications in the mail concerning this plan. Is there anyone who has objections to this three year plan? Councilman Towner: Not exactly that, but apparently the estimated parcels here are 9500 parcels which would be subject to this procedure, during the next three years, and currently --last year --there were 9342 parcels. This doesn't leave much leeway for new parcels in the next three years. I am wondering whether we have enough leeway and if we fill up the 9500 parcels, what do we do for the new ones? Mr. Rosetti: That isn't an accurate number of parcels. We are going to incorporate this year a new. assessment and bring in those normally acquired this year and then make this for a three year period, and then after this year, there will be a separate district entirely. In Torrance, the first was for three years, the second for two years, and the third for -one year, then the fourth year they were put all together. However, they had a problem because they were installing standard steel poles and spread the cost over a three year period, so they went through a four year period of lighting assessment. We would make this one for three years, then two year assessment, although we would suggest one year rather than two, and then put them together. The reason we do not like to recommend a two year or five year assessment is that unless the City is fairly static you can't abandon proceedings once you have started. We ran into a problem where Edison Company was granted a 25% increase in power rates and there wasn't enough money to carry it for the three year waiting period, so the City of Torrance had to advance the increase. �I • • C. C. 1-9-61 Page Four LIGHTING MAINTENANCE ASSESSMENT PROCEDURE - Continued Mr. Rosetti - Continued: This year we are going to Sacramento for new legislation so there can be abandonment of anything of this nature providing an emergency arises, say a huge rate increase... then the proceedings can be abandoned and started over again for another three years. Up to this time you cannot do that. Mayor Heath: Mr. Rosetti: Mayor Heath: Will this change of legislation go through? Yes, we are quite sure that it will. If it doesn't, is there a possi- bility of this spreading over eight years? Mr. Rosetti: We checked on this, but we have reserve in this particular district and this has been carried each year, so there is enough to carry it for at least one year. For three years, in this particular district, I do not think we will run into the particular emergency mentioned. Councilman Barnes: In regard to the paragraph where it is stated that an en sneer spends two months a year on this at an estimated cost of 1,500.00 and in three years it would save $3,000.00...do you feel we could do it in the same length of time and save that money? Mr. Rosetti: Each year maps have to be brought up to date. You have to add a bit here and a bit there each year. In this case, you would do it once and there would be no change in three years, so the engineer doesn't have to fool around with the changes every year. But each three years, the maps are brought up to date. Councilman Towner: It would seem that this recom- mended procedure is a good one if it saves the City this much money and the worst that could probably happen is rate increases that could eat up the estimated monies. Mr. Rosetti: However, the reason this amount of increase was granted to the Edison Company was because they had gone a long time without any increase, so we do not look forward to any increase, at least of that nature, in the future. City Manager Aiassa: The only question I would have had was the rate fluctuation. Motion by Councilman Towner, seconded by Councilman Brown, and carried, that the recommendation of the Assessment Engineer regarding the procedure for lighting maintenance assessment for the years July 1, 1961 through June 30, 1964 be accepted. • • C. C. 1-9-61 RECREATION AND PARKS Page Five City Manager Aiassa: The Recreation and Parks Com- mission, at their meeting of January 4, 1961, reviewed and discussed the results of Proposition M and approved and adopted the report presented to the City Council. They recommend that a special election for recreation and parks improvement be held June 6, 1961, with the items the same as proposed in Proposition M in the November general election, that the proposition be pre- sented as a separate item on the ballot and considered on its own merits, and also to proceed with the development of plans relative to the issues. Mayor Heath: to future placement on the ballot? I think it was a good report and do we want to study this further or make a recommendation as Councilman Towner: Perhaps holding it over one more meeting would help, although, tentatively, I am in agreement with the Parks and Recreation report. I think their planning and timing is quite good. However, I would, perhaps, like to review the items which were included in the former Proposition M as to whether to include it all or change it in any way. I had a meeting of the various civic representatives and Teen -Kan - Teen Foundation, and.there was indication that there would be substantial response from those organizations on a new bond issue. One topic was financing publicity and taking care of publicity in the matter and there was indication of support in that matter. Also, there should be the consideration of the cost of another election. It is my understanding that election cost would be one -tenth of that where it was held at the time of the general election. Maybe this is in error, but it should be explored. City Manager Aiassa: Councilman Towner: City Manager Aiassa: get to them has been a complaint. Councilman Brown: I believe it is just the reverse. The cost depends on number of precincts, etc. I believe the reason indicated for less cost is that there would be fewer precincts and few election officers. A special election limits precincts and makes it more inconvenient for voters to Perhaps the City Clerk should check with the Registrar of Voters and find out what it would cost. Motion by Councilman. Towner, seconded by Councilman Barnes, and carried, that the Recreation and Parks Commission Report, regarding the bond issue, be held for further study; that a report be received from the City Staff on election costs and that this matter be referred to STUDY SESSION if possible. • c. c. 1-9-61 Page Six DISCUSSION RE. RECREATION AND PARKS COMMISSION REPORT - Continued City Manager Aiassa: Mayor Heath: WRITTEN COMMUNICATIONS West Covina Beautiful CITY OF MONROVIA Are we proposing to use the average number precincts used on regular municipal elections? Whatever can be done at the cheapest cost. Annual City Birthday Dance, February 4, 1961. Council invited to attend. Resolution regarding League of California Cities stand on M.T.A. Council requested copies of the resolution. LETTER FROM R. J. WALSH Regarding possible annexation to the City of West Covina of area contiguous to Annexation No. 166. It was indicated that this is a small section directly north of Annexation No. 166 and Mr. Walsh would like to work on this and has been informed of the proper procedure. Council stated that any necessary procedure can goIahead on this. MASONRY WALL Letter from Alex Friedman Mountain View Motel It was indicated that this is between the motel property and the Eastland Bowl, and that the Special Services Officer had been contacted and the matter will, in all probability, be cleared up. TEEN-KAN-TEEN MEETING Councilman Towner: This was a meeting of representatives of the Chamber of Commerce, School Board, Park and Recreation Commission, myself and Board of the Teen -Kan -Teen Foundation. It was clarified that the Foundation was limited by the City Council in the past relative to raising funds for construction of .the building and is its only function whereas the supervision is under the control of Parks and Recreation. 40 The Foundation has been running into difficulty raising money. They raised some $50,000 but only $8,000.00 was.net usable funds insofar as the building project is'concerned. The project, currently, is a bit dead and means were explored in the way of disposing of it or reviving it. • 0 C. C. 1-9-61 Page Seven TEEN-KAN-TEEN MEETING - Continued Councilman Towner (continued): There were two alternatives at the conclusion of the meeting which was to conduct their own Teen -Kan -Teen campaign solely for the purpose of roofing the building as it was thought that with a roof on. and the building usable there would be future donations. The other alternative was joining in with the City on the recreation bond issue and I indi- cated this was possibly preferable to the City. SCHEDULED MATTERS WR A R TN(IP HEARING OF PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS To cover the installation of sanitary sewers in the Cortez, Hollenbeck and Vanderhoof Drive Sewer District.. Set for hearing this date in the "Notice of Filing Assessment and Diagram" dated December 21, 1960. Mayor Heath: This is the time and place for the hearing of protests or objections against the assess- ment levied for the improvement of Cortez, Hollenbeck and Vander - hoof Drive by the installation and construction of sanitary sewers. Sewer District A111-57-5. Mr. City Clerk, do you have the Affidavit of Publication? City Clerk Flotten: Mayor Heath: City Clerk Flotten: Mayor Heath: Yes, we'have the Affidavit of Publication as published in the West Covina Tribune on December 29, 1960 and January 5, 1961. Mr. City Clerk, do you have the Affidavits of Mailing and Posting? Yes, we have the Affidavits of Mailing and Posting. I will entertain a motion to receive and file the affi- davits. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the Affidavits of Publication, Mailing and Posting be received and filed. Mayor Heath: assessment or against the the proceedings? Mr. City Clerk, have you received any written protests or objections against the improvement as constructed or against C. c..1-9-61 Page Eight HEARING OF PROTESTS OR OBJECTIONS TO ASSESSMENTS - Continued City Clerk Flotten: We have received written protests from the following: Mr. Edward J. Benjamin of 1947 Rio Verde Drive, West Covina, who protests the method of spreading the assessment. Mr. William Dubin of 404 S. Dancove Drive, who protests the formula used in spreading the assessment. Mr. H. J. Bell of 732 Lupin Lane, who protests the amount of assess- ment and the manner in which the assessment was spread. . Charles G. Sholes, D.D.S. of 2116 East Larkwood Avenue. Dr. Sholes last February sent a communication which requested certain informa- tion and we have a note from the Sanitation Department that all the questions submitted, at that time, have been answered. However, we now have another letter dated December 24, 1960, which indicates that in completing this work his front yard was dug up, flowers ruined, etc., and asks the withholding of payment until the con- tractor has made restitution for the damage which is estimated at $100.00. He does not mention whether this is inside his property or not. However, we felt we should mention it. Walter Z. Baro, M. D.of 609 E1 Maranti Drive, who protests the amount of assessment and the method used in spreading the assess- ment. Margaret M. Welling of 728 Manzanita Drive, who protests the amount is in error and the cost of street improvement high. Mr. G. Caporaso of 2727 E. Vanderhoof Drive, who protests the amount of assessment. Mr. Rosetti, the Assessment Engineer, took each of these cases individually and pointed out the media by which the assessment was arrived at. Mr. Rosetti stated, in the protest of Or. Dubin, as follows: In. this particular case, the man has justification for the protest. We used 80 feet in the rear and in adding two frontages, the lot has two frontages... split frontage ... we should have assessed him for 77 feet, but actually assessed him for 80 feet, so we are pre- pared this evening with the proper resolution to make a correction in the amount of, fifteen dollars ($15.00) to his credit. In relation to the protest of Margaret M. Welling of 728 Manzanita Drive, there was some question in the mind of Council as to the reference made here which indicated "high cost of street improve- ment which doesn't improve lots." Mr. John Lathrop of the City Staff stated, with permission of Council, as follows regarding this particular protest: "I think this is a misunderstanding. When assessments were sent out it indicated this was assessment for improvements and we received numerous telephone calls in our office as to 'why was I assessed for street improvements?' and it was explained it was for sanitary sewer improvements, and I believe this individual protestor thinks it is for street improvements." I c. c. 1-9-61 Page Nine HEARING OF PROTESTS OR OBJECTIONS TO ASSESSMENTS - Continued Mayor Heath: If there are no more written protests, are there any oral protests to be made? Mr. Quintan L. Morgan I seem to be the highest 714 S. Leeward assessed on the street and up here on this little short leg that is supposed to get the good deal, I feel I am the highest assessed, so is there anything fair about it? Mayor Heath: Mr. Morgan: Mr. Rosetti explained this matter. It is working the other way with you? I am afraid it is. Mr. Charles Allen I was told our assessment would 1918 Rio Verde Drive be based upon the assessment of the lot next door. Is there a change in thinking? I asked this question when I bought here some time ago. Mayor Heath: I do not think that whoever told you that at the time was enough of an authority to do so. Mr. Rosetti explained on the board this particular property and the reason for the particular manner of assessment. Mr. P. Lukowski If you compare Mr. Bell's with 728 Lupin Lane mine, he is paying the same amount I am paying and his is bigger. Mayor Heath: I do not think there are two lots the same in the City; and to spread an assessment abso- lutely equal to everyone, to the penny, is a ticklish job because there are so many variables in it. The assessor holds no grudge against anyone and plays no favorites, but tries to split these as they see it, in all fairness, and taking all things into con- sideration. Mr. George Cole The Map recorded in the office 1309 E. Cortez does not correspond with the description of the property I attained when I finished with escrow, and I assume this assessment is based on front footage? Mr. Rosetti: Assessible front foot. Mr. Cole questioned as to the basis on which he was assessed, and it was explained to him. Sgr. Dubin: How will we be billed as individual property owners? Do we have so many months or weeks to pay up? • L� a c. c. 1-9-61 Page Ten HEARING OF PROTESTS OR OBJECTIONS TO ASSESSMENTS - Continued Mr. Rosetti: After Council has confirmed this, you have 30 days to pay in cash. If you do not do so, we then issue a bond against the property for ten years payable at one installment each year in separate payments. The billing will come from the City Treasurer on July 2 and January 2. In January you pay the interest plus the principAk and each July you just make interest payment for six months. Any time you wish to pay the remaining balance off completely, then you will pay the balance, plus that current period of interest within the six months period. Mr. Bell: The Engineering Department stated that we did not have to empty the cesspool out altogether if it wasn't all full and could go ahead and have it back filled. Is that correct? Indications from Council were this was incorrect information, the cesspool had to be drained. City Manager Aiassa asked if Mr. Bell would furnish him with the name of the party who gave this inform- ation, but Mr. Bell did not know except to say his wife had called and spoken to the Engineering Department. There being no further testimony, the hearing was declared closed. Councilman Towner: It appears you are using several basis for spreading assess- ments here, and I would like clarification. Do you use the market value of the lot at all in your determinings? Mr. Rosetti: Councilman Towner: Mr. Rosetti: Councilman Towner: Mr. Rosetti: Councilman Towner: the total front and back footage Mr. Rosetti: Councilman Towner: am Market value of house? am Actual front footage at all? No, only to.arrive at certain basis. Actual front footage of deter- mining assessible front footage... do you use that in making out or square footage of a lot. Depending on particular size and topography of land. Do you consider the length of sewer line to serve a particu- lar lot? Mr. Rosetti: No, we do not do that. Design takes care of some of that. But a particular line may be so many feet over to the side of the street for particular advantage for flow or going around a corner and by doing that you may be putting it closer to one side of the street than to the other so you can't generalize because of design. • 40 C. C. 1-9-61 Page Eleven HEARING OF PROTESTS OR OBJECTIONS TO ASSESSMENTS - Continued Councilman Towner: On the cul-de-sac street, if I understood correctly, it was indicated that the bulb at the end of the street, there is less line needed to serve those houses. However, there seems to be some contradiction here in what has been said. Mr. Rosetti: to the situation as it comes out. These are particular instances. You can't take one rule to all situations, but have to adapt We tried two or three different methods relative to cul-de-sac streets, but found we couldn't do it and had to change it and arrived at this method for most cities. Councilman Towner: Mr. Rosetti: Councilman Towner: Mr. Rosetti: Indications are that this is the usual procedure and I assume it is tested and through the courts determined to be fair. We tried a particular method to use at the instigation of a city council, but it didn't work out. End result of determinings is what you call. assessible front footage and this figure of assessible front footage... Becomes multiplied by rate estab- lished and that gives assessment to lot. Councilman Snyder: I would point out the fact this is not on the basis of per unit benefit. If you had a 20 apart- ment building with 100-foot front footage requiring one lateral, which is possible, you would pay on only 100 feet front footage... say $500.00? Mr. Rosetti: Yes; but if commercial, you could have a four apartment structure on 100 feet, but if in purely commercial, that is made in a separate zone. Within a district we have, there is commercial which takes more expensive construction, larger pipes and will have to bear the extra cost. Councilman Snyder: Mr. Rosetti: Councilman Snyder: the main trunk line into the area peoples property than to others. Mr. Rosetti: It is not per unit benefit? Assessible frontage. People are not just paying for the line in front of them but everyone is helping to pay for and it costs more to get to some That is correct. • • c. c. 1-9-61 Page Twelve HEARING OF PROTESTS OR OBJECTIONS TO ASSESSMENTS - Continued Councilman Brown: didn't work. For what reason? courts of law? Mr. Rosetti: There has been discussion of easements on cul-de-sacs and other methods tried which Were such methods tested in the We had one particular case where a Council felt they had not assessed a public utility enough and ordered a re -assessment. We made a re -assessment at that time, but when they ordered the re -assessment it was taken out of our hands and public utilities fought it in court and won, hands down, and the judge ruled to go back to the former assess- ment method. Councilman Brown: What about cul-de-sac street. I think they all should be pretty close to the same. Mr. Rosetti: It is pretty close. That varies in the respect if you have fairly large lot, say 80, 60 or 50 feet lot siding before you get into the cul-de-sac and each one is taken into consideration. You have to give those people a little bit of credit. They do not have 80-feet frontage and why are they charged a certain amount? They will use the same reverse argument we have been using here. Councilman Brown: is 200 feet, divide it and us tonight, one lot is 45 and assessment of 1404.00. 364.00. feet, and he pays Mr. Rosetti: Councilman Brown: On one protest hearing here it was stated if a lot is 50-feet in front and 150 feet in back it make 100. Taking those examples before feet and 150 feet coming up with 190 feet There is a lot 80 by 80, which is 160 I believe that was a pie -shaped lot on a regular street. No, on a cul-de-sac. Mr. Rosetti: On the cul-de-sac the only possible way to split such an assessment was if they were all similar. But we take four on end and give the same assess- ment. Give them a small break because they are on a cul-de-sac. Councilman Brown: Mr. Rosetti: But these four on cul-de-sac, if others leading up to there didn't put in the line, how would they be served? That is true they would have to build from that point on, and that doesn't correspond to the same... We have one case of a man putting in a subdivision and has 200- foot length to serve him, but if we took him on frontage of about 200 feet or $1,000.00, we couldn't assess him that way because the same people above him, on same, is $5,000.00. C. C. 1-9-61 Page Thirteen HEARING OF PROTESTS OR OBJECTIONS TO ASSESSMENTS - Continued Councilman Brown: My own district ran higher but perhaps this isn't quite the same on a cul-de-sac. I do not know what can be done right here, but perhaps we should look into this ourselves and meet with Mr. Rosetti and iron this out, because people on front of cul-de-sacs seem penalized to serve those on back of cul-de-sacs. Mr. Rosetti: protests of these assessments, it courts. Councilman Brown: possibly something might be done Mr. Rosetti: This is our particular assess- ment, and we would recommend no changes, and if there is any will have to be through the I indicated that on this there wasn't much opportunity of changing the procedure, but in the future. If the City adopted a policy they would like to change to. Councilman Snyder: I do not agree. If this wasn't a cul-de-sac street, but four to six houses spread out further they would have to build 200 feet more line. So even if those on the bulb of a cul-de-sac pay less, people down the street are paying less because it is a cul-de-sac. • Councilman Barnes: Perhaps there should be a study to see the way this is applied, but I think the way we arrive at assessment districts is ideal, because you have advantages and disadvantages which have to be considered in the assessment. But perhaps a study between Mr. Rosetti and the City Council to go through these phases could be helpful in the future. Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that all protests be overruled. RESOLUTION NO. 2001 Modifying assessment diagram and assessment roll ADOPTED Mayor Heath: The City Attorney presented and read: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA MODI- FYING THE ASSESSMENT DIAGRAM AND ASSESSMENT ROLL IN SEWER ASSESSMENT A' ll-57-5. " There being no objection, we will waive further reading 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 Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2001. C. C.1-9-61 Page Fourteen HEARING OF PROTESTS OR OBJECTIONS TO ASSESSMENTS - Continued ZONE CHANGE NO. 171 LOCATION: 336, 342, 344, 346 Donald Casler and North Azusa Avenue, between Edward J. LaBerge, Jr. Workman and Thelborn. CONTINUED TO NEXT REGULAR MEETING Planning Commission recommends approval of request to re-classify from Zone R-P to Zone C-1. Council hearing held on December 27, 1960. Hearing closed - decision held over to January 9, 1961. The question was asked by Mayor Heath if it were necessary to open the hearing relative to the information to be received from staff. The City Attorney stated since it had been closed, all those interested in this matter might not be present not expecting any testimony to be given, so it would not be necessary to re -open the hearing unless another notice is given to all interested people. However, this did not preclude asking the staff for information from their own files, but no evidence should be received from any opponents or proponents. Mr. Joseph: We have a report from Mr. Radig on the history of the precise plan. When this matter was continued, a request was made that these precise plans be taken from the files and presented to Council. City Clerk Flotten: The Planning Department memoranda-n indicates that this property is subject to two precise plans, No. 110 and No. 175. Precise Plan No. 110 was amended once, January 7, 1959. The original plan was approved June 10, 1957, and the area included in Precise Plan 110 is larger than that in requested zone change No. 171. Precise Plan No. 175, which was approved May 6, 1959, as part of the area included in Precise Plan 110 and it is the north 72 feet of the requested change. The total building area, less restrooms, included in Precise Plan 175 is 3456 square feet requiring 23 parking stalls for C-1. Twenty-three stalls have been provided. The southerly portion of the requested zone change has 850 feet of building planned. Six stalls are needed under C-1 and 9 on the plan. The stalls indicated on Precise Plan 175 are 8-1/2 wide and the drive into the parking area on the easterly side of the property is 10 feet wide. Neither dimension meets the present standards of the City. Mayor Heath: Basically there is then the consideration of more land than what was shown in Precise Plan No. 175? Mr. Joseph: That is correct. The southerly portion would have to agree with amended Precise Plan 110. • c. c. 1-9-61 ZONE CHANGE NO. 171 - Continued Councilman Towner: Mr. Joseph: Councilman Towner: parking stalls, is that correct? Page Fifteen On this plan No. 175, it is indicated 23 parking stalls provided. Are those 8-1/2 feet? Yes, and the ordinance has been amended since this precise plan was approved and 9 feet is now required. If this developed to C-1 under present parking requirements, there would not be enough They'd lose almost two stalls? Mr. Joseph: If this property were to go C-1 with the same precise plan as shown here, there would be enough parking if they held to the existing precise plan which shows 8-1/2 foot stalls. This is the only plan showing relation of building to parking in accordance to zone. Councilman Towner: But with present requirements this wouldn't have enough parking? Mr. Joseph: That is correct. • Councilman Barnes: This precise plan wouldn't be any good to one extent because this was never zoned C-1 prior, so this precise plan couldn't be applied if given C-1 zoning. Mr. Joseph: I do not believe so. Councilman Barnes: There would have to be a new precise plan brought in so these parking stalls would have to be 9 feet wide to conform. Mr. Joseph: The parking stalls on this now conform to C-1. Councilman Barnes: But it isn't C-1. Mr. Joseph: No, it is R-P, but if C-1, this parking would conform. Councilman Towner: But rezoning property doesn't wipe out the old plan and it can proceed on that. Councilman Barnes: How can you proceed on a plan which doesn't have proper zoning? Can you do that? City Attorney Williams: You can in this instance. If the plan showed a drive-in theater, etc., you couldn't proceed, but this plan shows buildings, not use, and if adaptable to C-1, which I would assume they are although it is not necessary to have C-1 plan, rezoning doesn't wipe out the plan. • • C. C. 1-9-61 ZONE CHANGE NO. 171 - Continued Page Sixteen Councilman Brown: There are only two lots not built on in this application. First we hear they have ample parking, then they do not have ample parking. They have ample parking if left under present zoning, is that correct? Mr. Joseph: Yes. Councilman Brown: If a different piece of property, with no zoning, they do not have ample parking, is that correct? Say across the street, nothing is developed; if they build buildings they need more parking than they now have? Mr. Joseph: Councilman Snyder: Mr. Joseph: Subtracting from that you have a Mayor Heath: Mr. Joseph: Councilman Towner: Mr. Joseph: If they came in with another precise plan the standards for C-1 parking wouldn't conform to this property. Remainder of property is being left as R-P.... is that usable as R-P? From the center line of the alley, other half of 30-foot drive, another 15 feet you have 95 feet. lot 80 feet wide by 145 feet deep. What size are buildings? This building is 24 feet deep by 72 feet this way and these show 24 feet this way by 90 feet that way. What are the existing buildings under the request for zone change? Real estate buildings, Copyrite and LaBerge Real Estate. Mayor Heath: I think this Azusa Avenue is the worst hodge-podge I have ever seen. Every previous Council has taken a whack at it and the line up now has about everything there. I do not know what we can do to control it, bring it back into line or what we can do to make anything but a hodge-podge. There is commercial, R-3, R-P, everything has gone into it. Councilman Barnes: Mayor Heath: It couldn't go all R-P or R-3 because you have various zones distributed throughout the area. I'm just trying to possibly get to some basis to start some uniformity here. But I do not know where you would start. • c. c. 1-9-61 ZONE CHANGE NO. 171 - Continued Mr. Joseph: Page Seventeen The Commission indicated they would like to see some uniformity start along here also. Councilman Towner: I think we recognize the fallacy of strip zoning, and the problems of it, by now, are apparent to all of us on north Azusa Avenue. The mistakes were made sometime ago when this type of zoning layout was placed on this street. We are faced with an existing fact now, it is strip zoned, and whether strip zoned R-3, C-1 or R-P I don't know. I think we are going to be faced, in the future, with a blight in that area .... maybe we are already.... if we keep up as strip zoning. We have to make the best of a bad situation and I see it as two alternatives, act on this zoning and so far as I am concerned stripping R-P or C-1 is little difference, as you have the evils of strip zoning already, or perhaps we may as well be practical and let them have it or see, if we put it off, if some genius can answer this question for us. Mayor Heath: stores, which they will end up as. I think we need justification for commercial in here. These stores would be 24 x 24, momma and poppa On the other side of the ledger, I do not know if it should be filled with all R-P, either. But I would like to see justification for commercial in there. Councilman Snyder: We have another appeal for com- mercial before us tonight and I ask where that is because a rule might apply to both pieces of property. Mr. Joseph: It is the same as existing C-1 on it now. Councilman Barnes: I do not see how we can stop C-1 in the area, because eventually this whole particular block will become C-1. Mayor Heath: It is not consistent to say on one side no more commercial and on the other side we need more commercial, which was the Commission action. Councilman Towner: That is correct. There is con- flict on the decision of the two requests which seems to indicate we should turn it over to the geniuses and let them work on it. Mr. Casler: We have a 45% vacancy. Councilman Brown: We stated before this might be a blighted area and is strip zoned. I do not believe it is, as that zoning had an overlay of R-3 and R-P along Azusa. This property was originally zoned R-P up to Thelborn. Directly across was R-P with C-1 on the south corner of Rowland. The corners, on c. c. 1-9-61 ZONE CHANGE NO. 171 - Continued Councilman Brown (Continued): hearing with the Whitnal study, he Page Eighteen the original master plan, were C-1 all up and down Azusa. When there was the last public arrived with R-P and R-3 here. Maybe R-P is too restrictive and when it was written I thought that perhaps beauty shops, etc., might belong in R-P as well as commercial, but this zone for C-1 wouldn't be practical. Maybe we should take another look at the R-P situation as to where some of these other services might be included, possibly R-P, where now they are in nothing but C-1. Councilman Barnes: That is a possibility, including some things in R-P that could be used without necessarily needing a C-1 zone. Another thing, Mr. Casler just stated he has a 45% vacancy, and there might be a good reason for this in that when anyone comes in for adequate parking but won't put in additional parking, he can starve to death out in this particular area. If he puts in only adequate parking, he is hurting the man who owns or rents it. This is why at the last meeting I felt that the R-P in the rear should be parking area for C-1 zoning, to give more than just adequate parking because you can see the fallacy of some of this strip zoning even though it is here. Councilman Snyder: Even though buildings are built • here, the Commission denied one and recommended the other, and I think we are going to have to utilize this one way. I do not see how you can apply different -rules to different sides of the street so far as C-1 goes. If you look at the map of present zoning, it seems there is a lot of C-1 already that isn't being used for proposed zoning here. Councilman Towner: I think that is true, although this man has a vacancy that seems to ascribe to zoning. However, it may not be from the zoning but other factors because there is substantial C-2 and C-3 zoning that has a vacancy factor and which are in as desirable location as this. So the fact of his vacancy doesn't necessarily mean the zoning is wrong, it may be, but not necessarily. This thing has puzzled and bothered me here for a long time, and I sympathize with the people who hold property, but this isn't the only area in West Covina that is suffering and perhaps before committing ourselves, we should get a complete over all picture on the entire master plan, which would include commercial and R-P zoning throughout the City, and put it altogether in one piece. Councilman Snyder: V* so far as I am concerned. I feel the proper procedure would be to deny this and send it back to the Commission, C. C. 1-9-61 ZONE CHANGE NO. 171 - Continued Mayor Heath: 0 bearing on what is done here. Page Nineteen It is difficult to say not on one side and yes on the other, and the other side has a In fairness to this application, wouldn't it be better to hold it off until we know what might happen to this other piece we have before us tonight, and it may give us some indication of which way we go. Councilman Brown: This might be true, but by the same token, I can see where the Commission could have had some contradictions here. But I am inclined to go to the other way because there is vacant land and it would be strip zoning to make C-1 when there is R-P on each side of it. Mayor Heath: I do not think so, because in trying to get some continuity here, we should decide how large a commercial area we want, and how far to extend it and we might include this piece of property we are talking about. Councilman Barnes: Is Thelborn scheduled to go on through and make the four corners? Mr. Joseph: There has been no conclusion reached by persons on both sides • and there is no precise plan showing the street out through, and if Mr. Beattie's zoning would be approved tonight with the precise plan he has, it doesn't show Thelborn coming through. Councilman Towner: If we denied this, it would go back to the Commission? City Attorney Williams: No, your decision would end it. Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that Zone Change No. 171 be continued to next regular meeting. RESOLUTION NO. 2002 The City Attorney presented: Confirming Assessment "A RESOLUTION OF THE CITY COUNCIL A'11-57-5 OF THE CITY OF WEST COVINA CON - ADOPTED FIRMING THE ASSESS14ENT FOR THE IMPROVEMENT OF CORTEZ AND VANDER- HOOF DRIVE AND OTHER STREETS AND RIGHTS -OF -WAY." Mayor Heath: 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. 2002. \ 41 C. C. 1-9-61 Page Twenty ZONE CHANGE NO. 170 LOCATION° Northeast corner of R. B. Bowker, et al Merced and California Avenues, REFERRED BACK TO THE between California and PLANNING COMMISSION Glendora Avenues., Request to reclassify from Zone R-A to Zone R-3 and R-1.. Approval recommended by Planning Commission on December 21, 1960. Maps were presented and the recommendations were read. that all those, sworn in by the, I am speaking for the applicant, R. B. Bowker, and I have filed with the City Clerk a communi- cation which I believe is self- explanatory. Mayor Heath opened the public hearing and stated desiring to present t4stimony should rise and be City Clerk. IN FAVOR Walter J. Bowker El Centro We appreciate the work done on this by the Planning Commission, but it is not suitable as the record of appeal and map presented by Mr. Harold Johnson, presented to the Council, indicates. The letter of appeal from R. B. Bowker, dated December 27, 1960, was read by the City Clerk. SMr. F. Bowker 18 Lagunita .Laguna Beach obtained with no property without I believe it is through my stipulation that the applicant cannot receive what is desired unless he can get the street and, also, financing can't be access and there is no way of getting to the an east -west street through. I think we should look at the whole apple and the advantages to having the street through which would benefit the City as a whole in tax revenue, because it will help the C-1 area there and the merchants in that area, whereas, if it is not permitted a good portion of shoppers are going to go to the major shopping center at Francisquito and Glendora in La Puente. Trafficwise, this would take a great deal of burden off Glendora if this street is opened, whereas to get to this shopping center you need to make three left-hand turns. The shopping area isn't before you tonight, but it is part of the whole apple we are considering which is the welfare of the City. There is one other thought. I understand from the Engineering Department that they are preparing plans for a storm drain and they do need access from the present parking area for a 30-foot easement to California for the new storm drain and without a street there would be considerable expense to condemning that property for that purpose. c. c. 1-9-61 ZONE CHANGE NO. 170 - Continued Mr. R. Broadwell 25 Campana Flores Drive which is now blocked off and which California Avenue. Page Twenty-one I am one of the property owners in this C-1 property where Von's Market is located and where the street has been put in, but would provide entrance to I would like to make an appeal for the granting of the use of this street, as originally contemplated, because for ones;{thing with the advent of the new shopping center in La Puente, people going down California Avenue find it easier to turn left on Merced and then right on Glendora and go to that shopping center rather than make all the left hand turns that are necessary to get to our center. We are faced with the difficult and distressing economic condition because people coming along California Avenue have no direct access to this shopping area. This has come before Council before, but at that time there was evidence submitted which was in error and much of the opinion submitted at that time wasn't by qualified people who were experts but just personal preference. One of the points against the use of this street was the opposition of the West Covina School District, which has now been withdrawn since they investigated the situation and found certain evidence presented to them was in error. This is on record that there is no safety hazard to school children. With respect to developing this property further, because the road has been closed off, we have lost one 5 and 10-cent store chain because of the lack of possibility of good access for people west of Glendora to this center, and there is now pending another very large 5 and 10-cent store willing to come in providing people can easily get into the center. It is, actually, our whole problem. This goes way back 10 years or so, when there was a problem in getting zoning because of having no access from California and Mr. Whitnall and Mr. Pontow, before we had any Planning Directors, based their objections to giving us zoning at that time on that, saying that if we could get access to California at the north or south end of the property so people could get in there was justi- fication for giving the zoning. But they couldn't see having commercial zoning if people couldn't get to it. Now we have reverse thinking. Then Mr. Gerschler came in and worked this plan out and held meetings with the Council and Commission, at that time, and developed a plan of use with this road and it was put in in good faith. But unfortunately for us, Mr. Gerschler left and we have a new planning director on the scene who took opposition to this viewpoint. This does enforce a hardship, and I believe the recommendations of the previous director, who worked so long on this matter;, should have some weight with this. I spoke to Mr. Gerschler, confirmed his thinking on this plan, and he offered to meet with Council if there were any question about it. I ask your consideration for the use of this road, not only for the development of the center, but' -for the whole section of this area. 0 • c. c. 1-9-61 ZONE CHANGE NO. 170 - Continued IN OPPOSITION Mr. C. Davies 1308 California Avenue Page Twenty-two As I understand it, there is a master plan being prepared for the City and I would assume apartments are scheduled for the freeway. The R-3 shown is not being completely utilized and on November 8 there was a referendum on the ballot and citizens signed a petition which indicated they prefer apartments along the freeway and not in residential areas. There are five schools in this area. On this location t there is a development almost completed of houses that are scheduled to sell for $22,000.00 and are unoccu- pied. You can imagine looking across street at apartments. Also, apparently, this proposal is contingent on access to Calif- ornia. Glendora is a 100-foot street with direct access onto it, not California, and would take 25% off California. Here we are being told it would benefit us to have more traffic. On November 8, it was voted almost 11,000 to 6,000 that this area shouldn't go into apartments. Why, 43 days later, did the Com- mission by a split decision suddenly decide this would benefit the people who live in this area. I fail to see how this will benefit us. Mrs. Busan I participated in the referendum 848-844 W. Barbara to stop apartments behind us. The Commission indicated there should be R-1 to protect the R-1 that is already there. If that area does go into R-3, which they tell us will be potential R-3 behind us, will we have any R-1 to protect our R-`:1 which was there first? Also, we feel that overcrowded conditions, such as apartments bring in, make for children who are more likely to be trouble- makers and too mischievous. The large group of apartments won't help the tax situation as it would only increase the need for added protection, which we will have to have, and wouldn't bring as much taxes as R-1 in there. I also wonder about the legality of the street they want to open in there? I understood that the street will serve commercial properties and thus couldn't empty out into a residential area. The City Clerk read a petition in objection which contained 31 registered voters, representing 20 families, in the location of California, Barbara, Merced and Durness. Mrs. Gaines . In the matter of the street, ° 9124 W. Barbara the street was originally contemplated as a storm drain only. This matter was gone through at the Commission meeting and Council and it was decided it wasn't to be there. During the Commission meeting, just recently, nobody was permitted to say anything about the street because it wasn't there and so far as I am concerned it still isn't there. The people who developed this knew the situation they had there and didn't go into it blind. • �J c. c. 1-9-61 ZONE CHANGE NO. 170 - Continued Mrs. Gaines (Continued) commercial area on Glendora was to the people who travel on Glendora. Page Twenty-three It was stated that Glendora was intended to feed that section there and not California. The be fed by Glendora and used by Mr. Broadwell said the people going down California were by-passing this center and continuing to the center on Francisquito because of the lack of convenience. I do not believe that is so, as I go down to Francisquito, but that is to Sav-on and if there is something at Von's I will shop at Von's. It doesn't matter whether a place to shop at, that we want to shop at, is several miles away or around the corner. If the street were there, it would be bringing all commercial traffic in that wouldn't want to go around Merced onto Glendora. It was stated in the Commission meeting that it (Glendora) was a feeder street and California wasn't a feeder street, and there is no reason that it should be when Merced is so close there. The reason for no access from California to Glendora is because this is so close to Merced and it wouldn't make any difference in time and trouble. During the Planning Commission meeting, the Chairman stated that the Commission wasn't concerned with a mass opinion and stated that perhaps the Council would be. I hope so, because as I understand it that the people who vote for the City Council amount to 35,000 and we didn't solicit 11,000 votes, but talked to 2200 and were astonished at the vote. You have heard the reasons why we do not want R-3. IN REBUTTAL Mr. Bowker° We are trying to create less traffic on California, whereas if this is not permitted here all the traffic will go down California to go to Francisquito or around here. Who would want R-1 facing R-3. We would not like it and do not think it is good zoning. Our plan is R-3 facing R-3 and backing up to R-1. This area asked for didn't go to referendum and was not affected. I think this referendum deal, from the people I spoke to on it, thought they were voting against sub -standard housing. But we do not plan that, we want attractive apartments that are not on the freeway. Mr. Broadwello It was implied that people who are living in apartments are more likely to have problem children and I believe there should be some evidence to make a statement of that sort, and there is no evidence to bear it out. If an overcrowded area is indicated, you could only compare that with perhaps what is considered slum area as in bigger cities, but this will certainly be no slum or overcrowded area to that extent or of that kind. c. c. 1-9-61 ZONE CHANGE NO. 170 - Continued Page Twenty-four Mr. Broadwell (Continued): Mrs. Gaines seems to assume that 49,000 people in West Covina are all like her as to her reaction to convenience. Convenience is an important thing in merchandising and people going to a market drive around the lot two or three times for a stall 10 feet away from the door, so this matter of convenient access is important and it certainly isn't everyone who will forsake convenience for attractive value. This matter of the road was worked out with Mr. Gerschler and wasn't over the period of years simply a storm drain and I take issue with Mrs. Gaines on it, and if it is an issue, Mr. Gerschler has voluntarily agreed to appear before you to clarify the matter. There being no further testimony, the hearing was declared closed. Councilman Towner: As I understand it, the plan layout by the majority of the Commission was an attempt to zone R-1 facing California and backing R-1 to that R-1 and face on a new street to Merced and put apartments up across the street as shown on study 45-X-1. This eliminated the street to California. City Attorney Williams: Streets are not involved in this at all. The streets shown there are purely imaginery. Zoning is R-1 to northwesterly section and there is shown R-3 streets to that point. However, the only thing before you is zoning. • Councilman Towner: This is true, and I understand that, but if you zone 300 feet of R-1, you force this street into that pattern so that you end up with R-1 looking across the street into R-3, if you follow that type of zoning. I do not think it is a good layout so far as zoning of the property is concerned. I am inclined to think the street layout may be sat- isfactory, with reasonable alternative allowing access to the shopping center, but doing it from Merced. Councilman Snyder: Councilman Towner: side of the property and tie in Councilman Snyder: Councilman Snyder: City Attorney Williams: Councilman Towner: I do not believe the street layout opened into the center. As I understand the layout, this existing private street would be used at the northeast where the Root Beer Stand is. As I understand it, they didn't open it up. If that is true, then opening to California wouldn't do any good. It isn't involved in any way in what you are considering now. No, but to determine what use is on the property determines access. • c. c. 1-9-61 ZONE CHANGE NO. 170 - Continued City Attorney Williams: there so you are not dealing with Councilman Snyder: deal of the conversation has been street back. Page Twenty-five That may not be there at all whether you assume it or do not assume it. It may not be it at all. As has been stated, the zoning applied for has nothing to do with street pattern and a great taken up with getting Von's The point about facing R-1 to R-3... actually, it is going to face the front of R-3 and not the back, although it hasn't been done in the City it isn't necessarily bad zoning because most apartments in the front are quite beautiful and they'd still have to follow the same setback. In regard to the referendum. It is true that decided no apartments in the area to the north, but it didn't anywhere state where or how many apartments there should be in West Covina. The only issue on the ballot were those apartments there and nothing more. The Commission worked long, and hard, on many block studies which were done mainly to see if zoning given could be utilized. This, to them, seemed the best street pattern to come up with and utilize the proposed zoning. But I, myself, wouldn't be adverse to seeing the zoning granted as the applicant requested. Although it was a split decision the other two were more in favor of going with the applicant and were not necessarily against apartments entirely, here. Councilman Barnes: In my opinion, this land could be utilized better than this particular plan indicates. I favor the proponent's plan in preference to this particular one, because this one is not making the most of our land value for the City. Councilman Brown: This has been hashed over pretty thoroughly, but I can't quite agree with the R-1 facing R-3. I might go along with R-1 back up to R-3. Presented to us is a map, which is shaded, showing a 135-foot depth off California, and a 135-foot depth off Merced and which could be worked out for a self-contained traffic flow, which has never been shown to the Commission. Mr. Bowker: Yes, they have seen it. Mayor Heath: When we considered R-3 at the north end of this property, I was in favor of it because I thought it was a good development. I wasn't too interested in the size of it because it seemed too large and I would rather have seen smaller R-3. The only reason I was in favor of it at the time was because of the fact that it looked like a good over all plan. Even that R-3 was perhaps too much and we have here, now, about twice as much R-3 proposed to go in here. I feel there should be a buffer around Von's Market of some type, but certainly not one that will take up three-quarters of the land as R-3. i c. c. 1-9-61 Page Twenty-six ZONE CHANGE NO. 170 - Continued Mayor Heath (Continued): If this property to the south of Merced can develop into homes of $22,000.00, I can't see why this property can't, also, and I think there could be a re -study of this, or revised plan submitted, where the buffer would be cut down to a minimum and permit a lot more R-1. I think it would be a better development and something more of an asset to the City. Councilman Towner: I think one thing indicated here is that we do zoning by popular demand and that is not true. We have to vote as our conscience guides us to vote, and there was some indication of unseating Council at elections if they do not vote the way it is wanted we should vote. This is unfair, because we must vote what is the best use of property and which is a dif- ficult position to be in. We must exercise our best judgement on the evidence presented to us and not by emotional appeal of either party. We are in a.judicial type of position and must hold aloof and review objectively. With that in view, I would indicate that there is a need of buffering of commercial uses in the area. On the other hand, I believe the Planning Commission proposal isn't a proper solution. I think that they have presented us with more problems instead of less problems. The applicant has indicated that they couldn't use it in any event, so what they are asking for is different from what the Planning Commission approved. So far as the proposal of the Planning Commission, I would deny it, and as far as the proposal indicated by the applicant as to what he could use, it seems to me too extensive. A motion by Councilman Towner to deny Zone Change No. 170 failed for the lack of a second. Councilman Snyder: I can't see how you can put in R-3 to buffer without having that much. Councilman Brown: I think there was discussion several times and there is considerable friction between Council and the Commission because Council is overruling without their getting a second look at anything. If action was taken on the motion of Councilman Towner, we would be completely over- riding the Commission, and I think that it should first be referred back to the Commission. Councilman Towner: I would have no objection. City Attorney Williams: Further reason is that the application is to re -zone R-A to R-3 or R-1. You have before you a situation where you can prescribe the buffer zoning that you want. It is an application broad enough to make any part you want R-1 and any part R-3, so you have something before you which you can accomplish, which you want to accomplish, so indi- cate your desire and send it back to the Commission. C. C. 1-9=61 Page Twenty-seven ZONE CHANGE NO. 170 - Continued Motion by Councilman Towner, seconded by Councilman Brown, that Zone Change No. 170 be referred back to the Planning Commission because, although the Council agrees with the theory of buffering around the existing commercial usage, they believe the Planning �. Commission proposal for R-3 is too extensive. Councilman Snyder: I would make one observation... that apartments are homes, too, which people seem to be forgetting. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Mayor Heath Noes: Councilmen Barnes, Snyder Absent: None ZONE CHANGE NO. 172 and LOCATION: 1750 E. Rowland, PRECISE PLAN OF DESIGN NO. 255 between Azusa and Lark Ellen C. H. Beattie, Jr. and Avenues. Mariette B. Miller DENIED Planning Commission denied request for reclassification from Zone R-3 to C-1 and for adoption of Precise Plan of Design. Appealed by applicant on December 23, 1960. Is Maps were presented, the recommendations read, and it was stated by the City Clerk that Proof of Notice of the Hearing as pub- lished in the West Covina Tribune on December 29, 1960, had been received. 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. C. H. Beattie, Jr. We believe the best method to 1715 Rowland Avenue support our requested zone change is to refute the reasons given by the Planning Commission under their resolution 9865 which presented five facts as grounds for unfavorable action. 1) The property is located at the northwest side of Azusa Avenue, south of Rowland Avenue and presently zoned R-3. This is correct. 2) To extend commercial zoning in strip fashion along Azusa Avenue is unappropriate since the City is generally engaged in a general planning program and it would conflict with the zoning process. The Planning Commission conceded that the American Legion is C-1 use now and gave approval of Zone Change 171, which would create strip zoning on the east side of Azusa, between Workman and Thelborn, and set a planning precedent for this vicinity and area. The first development at the northeast corner of Rowland and Azusa was approved by ordinance 268 of September, 1953. C. C. 1-9-61 Page Twenty-eight ZONE CHANGE NO. 172 and PRECISE PLAN OF DESIGN 255 - Continued Mr. C. H. Beattie, Jr. (Continued): This intersection was indicated for commercial development by the master plan in 1957 and retained and revised in 1954 and which was contemplated in the general plan program and would of necessity conform to the established planning program with Rowland and Azusa as the hub. 3) This would perpetuate spot zoning along a major thoroughfare in conflict with the intent of the general plan. This request is to the west of existing zoning and 30 feet to the south, and by doing this would eliminate a spot zoning situation. The only thing it acted as was a buffer between R-1 and the C-1 property which is no longer feasible because in the zoning map it was ruled on property along Azusa Avenue, east and west approxi- mately 660 feet it would be potentially commercial. 4) To grant the zone would be to deny access to R-3 zoning at rear on Azusa. On Precise Plan 255 we show a 50-foot alley to R-3 property to the rear. We are willing to show a 60-foot street. There is existing commercial zoning on land lying vacant immediately north and considered for commercial. Land should be utilized for the highest and best use and what we are requesting is that extended to our neighbors. The area to the north had R-3 but with approval of Commission and Council, it now benefits by the nature of a miniature golf course by permit. Mr. Eichsteadt has been extended special privileges which permits a C-2 use on grounds zoned for R-1 purposes. By denial of this request for zone change, the Commission would violate its own code. 5) The sole purpose of any variance or zone amendment is to permit privileges shared by others in the same vicinity or zone. It would be a hardship. If this is denied, it would lose the benefits of a 10 years lease, with possibly ten more, from a substantial rental. ,This zoning meets the requirements of the A.B.C. The denial of highest and best use could limit the use. MR. D. Casler Mr. Beattie has covered many 1835 W. Adams Drive things and the need for an West Covina extention of the C zoning is apparent with the R-3 coming in around it, and the amount of people that will be coming in. There are three sides with R-3 zoning and several more of the same and there will be a demand for C-1 uses on north Azusa Avenue. There are no other stores around Mr. Beattie's parcel for at least a half mile radius, and there are no walk-in shopping areas in the vicinity. C. C. 1-9-61 Page Twenty-nine ZONE CHANGE NO. 172 and PRECISE PLAN OF DESIGN 255 - Continued Mr. D. Casler (Continued) - We should alleviate spot zoning and have the continuity of zoning by commercial zoning from a given point such as Rowland and com- mercial both sides south of Rowland. Highway 39, or Azusa, is to be a four -lane highway, and the amount of traffic will certainly warrant commercial, and it is right off the freeway. There has been talk of strip zoning as a disease. That to me means something detrimental, or not desirable, but if we have R-P and C-1, I would like to know what the difference would be so far as the neighborhood is concerned? What would it take away from the neighborhood to change f rom.R-P to C-1 or R-3 to C-l? We have R-P, commercial and R-3 facing Azusa and this isn't contin- uity in zoning. This isn't a disease, this is a necessity for the amounts of residential and R-3 not having so far to walk to stores. It is even an ideal situation for a super -market. Mr. E. LaBerge There has been referred to the Rancho San Jose Drive matter of a sanitation district Covina pattern already established for assessment rules, and I think we should look at other cities. Los Angeles has the same problem as Azusa relative to Sepulveda. They have a mixed use in the region; houses, apartments, commercial, etc., the same problem and business zoning is the only way to go. You take anyone driving up Azusa and ask their opinion and they can only see C-1, business, for north Azusa. They are only laymen, true, but it is something to be considered. I also think the Planning Director should make recommendations and that power, should be put back so as to.take away the burden on you gentlemen'if.you have so little evidence when you have to make decisions.' I am wondering, also, how C-2 zoning could be permitted in on a variance when we can't get what we desire by going through proper channels? The City Clerk read a communication expressing approval of the zone change, dated January 3, 1961, from Mary A. Keith and indicating reasons it should be approved. There being no further testimony, the hearing was declared closed. Councilman Brown- All the property zoned along Azusa Avenue is R-P for 660 feet each way from Azusa, east and west. I think it is a uniform zoning other than the corners zoned C-1 or changed by variance. I can't see where there is a need for C-1. Councilman Snyder- I would go along with Councilman Brown. We have C-1 not being used nor built on for the pur- pose :which it is zoned. r�] • C. C. 1-9-61 Page Thirty ZONE CHANGE NO. 172 and PRECISE PLAN OF DESIGN 255 - Continued Councilman Towner: turn out C-1 is the answer. here, except I think it needs I haven't decided yet, in my own mind, what should be done on north Azusa, and it might I have been pretty much committed the over all study. So far as the precise plan is concerned, I see it has substantial problems there with the balance of the R-3 property remaining, which again is facing into Rol on a street as if it were going to Azusa from Thelborn, and the plan is defective in that respect. Councilman Barnes: I do not see any real need for it (commercial) at this time. I feel that if property across the street, or catty -cornered, from this is going to be studied, this should be taken up in the same study session. I think you have a problem here, and a like problem, and I think it should be studied together in study session. Mayor Heath: There is quite a bit of com- mercial not developed, which leads me to believe it is not needed for commercial right now along there, which makes it difficult for me to justify a further need. Mr. Beattie: One reason was the McDaniel's Market on the freeway. Word gets around there is over- building on super -markets, and McDaniel's is within a half mile and Market Basket three-quarters of a mile. With regard to this restaurant, there is the Pioneer School here and it is a requirement of the A.B.C. that there be a minimum distance of 600 feet between school and such an operation. Therefore, we can't use it at the other end, and actually it would be poor utilization of the property to zone it that dis- tance from a school. Councilman Snyder: I can't see asking for a zoning use just because of a ruling of the A.B.C. I still think it is not necessarily bad planning to front R-3 to R-1. It is not done in the City, but it is in many cities and in my opinion I think it is a very good way. Mayor Heath: the super -markets in the vicinity, there are too many major shopping too much commercial already. This might develop into a bigger shopping area if it were tied together, but with it probably wouldn't because areas around. Maybe there is Councilman Towner: I think we are shooting in the dark here. I do not see how we can say there is or isn't enough of certain zoning on this particular street from any other in West Covina, we just can't tell. There are indications we have substantial areas of commercial property going begging and it is true there isn't the demand we would all like to have. C. C. 1-9-61 Page Thirty-one ZONE CHANGE NO. 172 and PRECISE PLAN OF DESIGN 255 - Continued Councilman Towner (Continued): It seems about the only thing and best we can do is to hold it with the other proposal or send it back to the Commission until the master plan is studied, but I am not sure that is right. That is like trying to master plan with a gun at your head. Councilman Brown: I understood to hold the other over was not so much for study but to see what we did on this one, and I did it with that intent, and I think there has been thorough consideration given to these cases. Although, since the other is designated to be continued, we can leave it at that. Motion by Councilman Brown, seconded by Councilman Snyder, and carried, that Zone Change No. 172 be denied, which conforms with the recommendations of the Planning Commission. PROPOSED AMENDMENT NO. 47 To amend street and highways City Initiated element of General Plan APPROVED extending alignment of Merced Avenue, easterly of Glendora Avenue. Approval recommended by Planning Commission on December 21, 1960. The City Clerk stated that the Proof of Publication of the notice of public hearing as advertised in the West Covina Tribune of December 29, 1960; had been received. 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. Mr. G. Redfield I am not for or against, but 443 E. Merced I felt there should be some things pointed out. I am not affected except only by some 15 or 20 feet of property. However, Mr. John Skelton's house to the west would be, this would go right through his house, and I am wondering that if this is approved, if there is any provision made to purchase his property because it will create a hardship.on it. In putting in the new tract over here, the Commission could possibly have moved the streets a little further to the right, creating a curve and almost missing his house. The house next to Mr. Skelton's would have the street quite close. . I am not opposed to it, and I believe the street has to go through, but I felt that in all the plans presented this is the most adaptable and only point out the problems created to Mr. Skelton should he want to sell his house in the meantime. There being no further testimony, the hearing was declared closed. C. C. 1-9-61 Page Thirty-two PROPOSED AMENDMENT NO. 47 - Continued Councilman Brown: So far as this pertains to Mr. Skelton's property dis- cussed in these hearings, this road has been on and off the master plan for the last seven years. So far as the purchase of property, this will have to be bought, but like all roads, first it is a line on the map and property is acquired as needed, and State gives money making available purchase of Mr. Skelton's property in the future. Freeways are laid out and property bought when money is available and the road ready to be built. It will create a hardship, but the road must go through somewhere and we have to make up our minds where it is to go. Councilman Towner: I agree that we need to make up our minds and the line has been pretty much determined, and insofar as Mr. Skelton's property being up for sale in the future, he would have to acknowledge it whether on the map or not that the street would go in eventually. We hope to get this in as soon as funds are available, but we do not know when that would be, exactly. But it is a necessary artery for traffic in the City. I think, so far as I am concerned, there is no alternative to it • now. There is the alignment on the west and the curvature running through is the only one that is feasible, engineering wise, and does the least amount of damage. Councilman Barnes: I've sat in on many hearings in which Mr. Skelton has objected many times. We tried to protect him by stopping this alignment of Merced Avenue at Glendora. After this had been done, we had a void on the Master Plan of Streets and Highways, and without complying we aren't entitled to gas tax money on this street. A lot of delib- eration has gone on regarding this street and it is worked out now, but it will be at a future time when it will actually be developed. Councilman Snyder: I would have little to add to what has been said, except the only alternative would be to perhaps build a tunnel. Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that -Proposed Amendment No. 47, City Initiated, as sub- mitted by the Planning Commission be approved. RESOLUTION NO. 2003. The City Attorney presented: Vacation of a certain portion "A RESOLUTION OF THE CITY COUNCIL of Sylvan Avenue OF THE CITY OF WEST COVINA ADOPTED ORDERING THE VACATION OF A CERTAIN PORTION OF SYLVAN AVENUE." Resolution of Intention No. 1984 to vacate a portion of Sylvan Avenue. (Portion of Lot 5, E. J. Baldwin's Fourth Subdivision, Precise Plan No. 26.) • c. c. 1-9-61 RESOLUTION NO. 2003 - Continued Page Thirty-three LOCATION: On Sylvan Avenue, between Batelaan Avenue and Walnut Creek Parkway, 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 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. 2003. PLANNING COMMISSION TENTATIVE MAP OF TRACT LOCATION: West of Walnut NO. 25778 Creek Wash, south of Cameron (L. Sugar) Avenue. APPROVED 1-1/2 Acres - 7 Lots - Area District I Approval recommended by Planning Commission on January 4, 1961. • Motion by Councilman Barnes, seconded by Councilman Brown, and carried, that Tentative Map of Tract No. 25778 be approved as recommended by the Planning Commission. AGREEMENT WITH MR. THORSEN 91'_5-t C,,,vl y q D/sf"'-4 Cd . changes he felt should be made, Mr. Williams went over this agreement with Council indicating the various with reason given. Mr. Thorsen indicated that he would go along with these changes, including the paragraph change in relation to business license. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the contract with Mr. Thorsen be tentatively approved in its present form subject to the changes such as putting it in contract form, changes on the failure to perform provision, changes relative to termination, etc., and that the City Clerk shall make a review of the rate schedule. CITY MANAGER REPORTS STREET TREE PRUNING A report dated January 4, 1961, had been presented to Council as discussed at budget time. Councilman Towner: After seeing this proposal, buying our equipment might be the answer, as here we have a small section of a tree pruning program at a cost almost as much as it would cost to buy the equipment. • • Ll C. C. 1-9-61 Page Thirty-four STREET TREE PRUNING - Continued Councilman Snyder: Can we afford this experiment? Councilman Towner: Maybe we shouldn't, but go ahead and buy the equipment. Councilman Brown: I do not agree. This pruning situation got away from us once because we couldn't keep up. We won't have this expense every year. From our past experience of our. crews trimming trees, I do not think it would be much cheaper. Councilman Snyder: Mayor Heath: Councilman Brown: We are spending $5,800.00 and it will do 1/100th of the City. City might have to do it for more. You can trim trees only a certain time of the year, as I understand it. City Manager Aiassa: Previously, we had the problem of limitation of manpower. How- ever, I feel we should try a contractor and if it doesn't work out we can then see more clearly what road we have left to us. Mayor Heath: City Manager Aiassa: Councilman Brown: City Manager Aiassa: charge to the Department(s). it can be done. Councilman Brown: City Manager Aiassa: You wouldn't know what the cost would be if the City did it. You would have the unit cost. If we bought equipment, would it be listed cost wise to us? There are two ways of doing it. Taking it.on lease basis, using this method, we have a fixed It will take some bookkeeping, but Outside pruners get unit price and next year could raise it. We could lease it and, if worth- while, then buy it and make lease appliable to purchase price. Motion by Councilman Towner, seconded by Councilman Brown, and carried, that specifications for Street Tree Pruning Contract be approved and authorization given for City Engineer to call for bids. C: • c. c. 1-9-61 Page Thirty-five OVER-ALL BRIDGE REPORT This is a supplemental agreement which Council received copies of and which conforms pretty well to the original contract on which Council was given a written report and preliminary estimate as follows: Deposit for Bridges and Approaches Betterments - $518,511.89 Deposit for Drainage Betterments 127,895.94 Total Deposit $646,4o7.83 Less Advance Deposit 31,000.00 Net Deposit - January, 1961 (Approx.) $615,407.83 Summary reference breakdown is as follows: *(Add 10% Overhead - USED) ** Approximately $40,000 FAS Fund WAdd 10%�Contingency - USED to be Reimbursed by the State d 2.1 Overhead - LACFCD) Division of Highways and Funds Allocated by the County. (Bond Issue Drain) Credit from the Bond Issue monies for drains which are part of the bridge program There will be money returning to us from aid from County on Sunset Avenue and Cameron Avenue footing, and from the State Highway Division on Glendora bridge improvement, which amounts to over $100,000 from grand -in -aid right there. There will be some cost back to us from extras or charge orders, also, if these estimates are lower than the actual bids, it is reasonable to receive refund or credit. Estimates appear high from the actual figures we have on Vincent Avenue. Request the City Council to look over the proposed agreement and if they have comments, to notify the City Manager as soon as possible. This should be approved on 1/23/61. DUES FOR UPPER SAN GABRIEL $100.00. VALLEY WATER ASSOCIATION To be studied at Monday night study session. Councilman Barnes indicated this was supposed to be studied in study session with comments by Council, which hadn't been done. It was indicated this be held over for next Monday night study session. CITY ATTORNEY INTRODUCTION The City Attorney presented: An ordinance relating to signs "AN ORDINANCE OF THE CITY COUNCIL and advertising structures OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO SIGNS AND ADVERTISING STRUCTURES." Motion by Councilman Towner, seconded by Councilman Brown, and carried, that further reading of the body of the ordinance be waived. • • c. c. 1-9-61 Page Thirty-six ORDINANCE RE. SIGNS AND ADVERTISING STRUCTURES - Continued Motion by Councilman Towner, seconded by Councilman Brown, and carried, that the ordinance be introduced. RESOLUTION NO. 2004 Designation of Tax Districts for 61-62 ADOPTED Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DESIGNATING TAX DISTRICT FOR THE FISCAL YEAR OF 1961/1962." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Brown, seconded by Councilman Barnes, 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. 2004. RESOLUTION NO. 2005 Describing certain. portions ,of the consolidated County fire protection districts ADOPTED Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DESCRIBING A CERTAIN PORTION OF THE CONSOLIDATED COUNTY FIRE PROTECTION DISTRICTS WHICH HAS BEEN INCLUDED WITHIN THE CITY OF WEST COVINA AND DECLARING THE SAPS WITHDRAWN FROM SAID DISTRICT." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Brown, seconded by Councilman Barnes, 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. 2005. RESOLUTION NO. 2006 Approving and authorizing acceptance of an amendment to Contract (Occidental Life Insurance) ADOPTED The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND AUTHORIZING THE ACCEPTANCE OF AN AMENDMENT TO CONTRACT NO. 6378-N WITH OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA AND AMENDING THE PENSION AND DISA- BILITY BENEFITS PLAN IN CONFORMITY THEREWITH." • c. c. 1-9-61 RESOLUTION NO. 2006 - Continued Mayor Heath: Page Thirty-seven Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Brown, 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. 2006. Mayor Heath mentioned the cleaning of dirt and debris on the frontage road, and Mr. Aiassa stated that in such cases there is to be presented a written request, on the proper form, to the City Manager. REQUEST OF MR. BONELLI For the Mayor, and other parties, to meet with Mr. Bonelli regarding use of street signs in the problem of Holt Avenue. It was indicated this matter was before the Planning Commission and it was regarding change of name rather than street signs • indicating Holt Avenue in the City and in Pomona. It was stated that the Chairman of the Planning Commission should attend with Mayor Heath. Mayor Heath stated that a communication had been received from the United States Post Office Department relative to the resolu- tion passed regarding parking and indications were given that a request had been made for the Regional Operations Director to look into this matter of parking spaces relative to our post office. JOINT MEETING WITH PLANNING COMMISSION SALARY RECLASSIFICATION JOB DESCRIPTION PERSONNEL BOARD service and cost for a description. Valinda Avenue Extension Thursday, January 26, 1961. AND Motion by Councilman Towner, seconded by Councilman Brown, and carried, that the Personnel Board be directed to make a recommendation to Council on salary reclassification and job Councilman Barnes: I left the study session early. In regard to the Juvenile Officer to be hired by the City, the Personnel Board is a little in doubt as to just what the Council meant when it was referred to them in determining whether he should be hired from outside or a man from our Department, and what type of man, or what classifications he should have as an officer. C. C. 1-9-61 Page Thirty-eight SALARY RECLASSIFICATION AND JOB DESCRIPTION - Continued Councilman Towner: Get a communication from Mr. Sornborger as to what their doubts are, and then perhaps we can clear them up. Councilman Brown: Don't you suppose the State Personnel Board has qualifications written up? Mayor Heath: [mould we want to take someone from outside or take someone from our Police Department? Councilman Brown: Get specifications, and if someone in our Department can meet them,' O.K. But get the specifications and make it an open position. Councilman Barnes: I think they were in doubt as to just what background the man should have, psychology, or what. Councilman Brown: Get specifications for what others require for such an officer. Councilman Barnes: Chief Allen Sill is going to have some men of this type in to talk to the Personnel Board and perhaps • after listening to these people, they will be able to write speci- fications for such a man. DEMANDS APPROVED Motion by Councilman Towner, seconded by Councilman Snyder, that Demands in the amount of $97,740.33 as shown on Demand Sheets B-68, C-240 and C-2.41 be approved. This to include fund transfers in the amount of $55,922.53. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Motion by Councilman Brown, seconded by Councilman Towner, and carried, that the meeting be adjourned at 12:55 A.M. to Monday, January 16, 1961 at 7:00 P.M. APPROVED 3, Mayor ATTEST: City Clerk