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03-13-1961 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY'OF WEST COVINA, CALIFORNIA March 13, 1961 The meeting was called to order by Mayor Heath at 7:45 P. M. in the West Covina City Hall. The Pledge of Allegiance was led by Councilman Barnes with the invocation given by Councilman Towner. ROLL, CALL Present: Mayor Heath, Councilmen Towner, Barnes Others Present: 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 Absent: Councilman Brown (to 8:35 P. M.) Councilman Snyder (to 8:50 P. M.) APPROVAL -OF' MINUTES February 14, 1961 - As submitted. February 27, 1961 - As corrected, as follows. - Page 15 - The statement of Councilman Barnes should read "There wasn't three parts indicated" instead of "There weren't three parts indicated" as shown. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the Minutes of February 14, 1961 be approved as submitted and the Minutes of February 27, 1961 be approved as corrected. CITY CLERK'S REPORTS TRACT NO. 25572 Accept Street Improvements and Release of Bond (James A. Delaney) APPROVED LOCATION: Pricedale Avenue and Alwood Street, south of Francisquito Avenue, east of Walnut Avenue. To accept street improvements and sanitary sewer install- ation and to authorize release of Ohio Casualty Insurance Company Bond No. 938631 in the amount of $9,800.00. Inspection is com- plete, and the Inspector's final reports are on file. The staff recommends acceptance of improvements and release of bond. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that street improvements and sanitary sewer installation in Tract No. 25572 be accepted and the Ohio Casualty Insurance Company Bond No. 938631 be released as per the recommendations of the staff as noted on the Agenda. Co Co 3/13/61 PROJECTN0; C-138 - ZONE CHANGE: NO. 160 R -1.oeat.ion. of Palm Trees PLANS AND SPECIFICATIONS APPROVED AND AUTHORIZATION GIVEN FOR INFORMAL BIDS Page Two LOCATION: Lark Ellen Avenue, from Walnut Creek Wash to Service Avenue. To approve plans and specifi- cations and authorize the City Engineer to call for informal bids. Part of bridge approach plan - refer to City Engineer report, Staff recommends approval Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the Plans and Specifications for the relocation of Palm Trees be approved and authorization given for the City Eng- ineer to call for informal bids. RESOLUTION NO, 2051 Accepting a grant deed (South Hills Church of Christ - Zone Variance No. 216) 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.- East side of Lark Ellen Avenue, north of Walnut Creek Wash. • To accept a Grant Deed for street and highway purposes to be known as Lark Ellen Avenue. Cash deposit $288.96 retained to cover curbs, gutters and sidewalks as stipulated by the City Council June 13, 1960. Staff recommends deed acceptance. Mayor Heath; 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, Mayor Heath Noes.- None Absent-. Councilmen Brown, Snyder Said resolution was given No. 20510 RESOLUTION NO, 2052 Accepting a Grant Deed (Our Saviour Evangelical Lutheran Church - Precise Plan No. 230) 04 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: South side of Merced Avenue, east of Valinda Avenue. To accept a Grant Deed for street and highway purposes to be known as Merced;Avenue, • C . C ... 3/1.3/61 RESOLUTION --NO.""'2052. = Continued,. Mayor Heath - Page Three 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, Mayor Heath Noes- None Absent- Councilmen Brown, Snyder Said resolution was given No. 2052. RESOLUTION NO. 2053 Accepting a Grant Deed .Precise Plan No. 111, Rev. 2 - Richard H. Hart) 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-, Northwest corner of Grand Avenue and Garvey Avenue. To accept a Grant Deed for street and highway purposes to be known as Fairway Lane. Improvements are in and inspected. Staff recommends deed accept- ance. The City Clerk stated that with this item, also Items 6, 7 and 8 as shown on the Agenda, have to do with the same small subdivision as indicated on the map. It was further stated by the -City Clerk that for Council information the sanitary sewer line is between Lots No. 7 and 8 and the drain is between Lots 3 and 4. Mayor Heath-, 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, Mayor Heath Noes- None Absent- Councilmen Brown, Snyder Said resolution was given No. 2053. 'RESOLUTION NO. 2054 Accepting a`Grant of Easement '(Preci`sePlan No. 111, Rev. 2- Richard H. Hart) 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-,- Northwest corner of Grand and Garvey Avenues. � ac�ceptanceofeasement of -Easement for san eanitary sewer purposes, Staff recoasmlends C. C. 3-13-61 RESOLUTION. NO. 2054.-,- Continued - Mayor Heath: Page Four 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, Mayor Heath Noeso None Absent. . Councilmen Brown, Snyder Said resolution was given No. 2054. RESOLUTION NO. 2055 The City Clerk presented-. A,c.ce.pting a Grant of Easement "A RESOLUTION OF THE CITY Plan No. 111, Rev. 2- COUNCIL OF THE CITY OF WEST ..._Hart, O'Hara, Inc. and Harry COVINA ACCEPTING A CERTAIN M. Kelso) WRITTEN INSTRUMENT AND ADOPTED DIRECTING THE RECORDATION THEREOF." LOCATION,-. Northwest corner of Grand and Garvey Avenues. .To accept a Grant of.Easement for storm drain purposes. Staff recommends acceptance of easement. • Mayor Heath.- 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, Mayor Heath Noes: None Absent: Councilmen Brown, Snyder. Said resolution was given No. 2055. City Attorney Williams-, Mr. Doshoo City Attorney Williams-. Mr. Dosh-o City Attorney Williams-. Is there any reason why these are being executed by different people covering the same area? Mr. Hart is the original owner. However, it would seem like all three might be executed by the same people. O'Hara bought a part in Hart's original parcel. If he sold an undivided interest in the whole tract, then these other conveyances should pos- sibly have been done by him also. Mayor Heath-, Is there any question here? C. C. 3-13-6-1,;. ..RESOLUTION NO. 2055 - Continued- City Attorney Williams: 49 City Manager Aiassa.- _RES.OLUTION NO. 2056 Accepting,a Bond _.(Precise Plan No. 111., ..Rev.. .2 - Richard H. Hart) ADOPTED Page Five No, I do not think so, but I felt the question should be raised. We can check into it. 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 THE TIME OF COMPLETION THEREOF." LOCATION: Northwest corner of Grand and Garvey Avenues. To accept Maryland Casualty Company Bond in the amount of $2,800.00 for street improvements. Mayor Heath-, 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,.Mayor Heath Noes-, None o Absent: Councilmen Brown, Snyder Said resolution was given No. 2056. RESOLUTION NO. 2057 Accepting a Bond (Precise Plan No. 247 - Church of Jesus Christ of Latter -Day Saints) 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 THE TIME OF COMPLETION THEREOF." LOCATION.- Southeast corner of Fernwood and Mobeck Streets. To accept United States Fidelity & Guaranty Company Bond No. 69118-12-213-61 in the amount of,$7,250-00 for street improvements. The Precise Plan and the Unclassified Use Permit were approved by the City Council on December 7, 1960. Staff recommends acceptance of bond. Mayor Heath: 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, Mayor Heath Noes: None Absent: Councilmen Brown, Snyder Said resolution was given No. 2057. Co C - 3-13-61 Page-;. Six sTRA CT''NG. 2559� LOCATION- Joycedale Street Facilities and Cabana Avenue. (Windsor'Pla�za'_Homes) APPROVED Inspectorl.s final report is on file. Staff recommends acceptance of facilities. -.Bond will be released when street improvements have been accepted. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that sewer facilities in Tract No. 25592 be accepted. .--..,PRECISE PLAN NO. 219 �....A.cae.pt_sewer facilities (Artie R..Jett & Assoc., .First Federal Savings.& Loan Association, C. A. and J. W. .Hathcock) APPROVED LOCATION- Service Avenue, between Richland and Sunset Avenues. Inspector's final report is on file, Staff recommends acceptance of the facilities. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that sewer facilities in Precise Plan No. 219 be accepted, 'SCHEDULED MATTERS BIDS BIDS FOR REMOVAL OF WE10S Bids were opened by the City • BID AWARDED TO P.I. HADDAN Clerk on March 9, 1961 at 10-00 A.M. as advertised, in the office of the City Clerk. Notice of Publication has been received from the West Covina Tribune on February 16 and 23, 1961 and as a news item in the Green Sheet on February 15, 1961. Referred to the City Engineer for recommendation to the City Council at this meeting. Council to review City Engineer's report and recommendations and authorize awarding of contract. The City Clerk presented and read a written communication from P. I. Haddan, Jr., dated March 9, 1961 as follows.. "There is no intention of altering the formal bid submitted. However, there have been certain amendments to the Government Code in 1959 requiring a 10% bidders bond. With this bid I am submitting the required 10% bidders bond and a certified check in the sum of $500.00 as called for in notice calling for bids. If awarded the contract I am willing to advance cash, upon signing of your contract, for estimated engineering and inspection costs. I would expect reimbursement of these advances when final settle- ment is made. I am willing to defer invoicing of the contract costs until the City has collected its asoessment liens. If you should elect this method of payment then this work can be accomplished without any advances from your General Funds and for the same .final cost to the taxpayers of your City." C. C - 3 7713.­ 61 Page Seven ..BIDS FOR REMOVAL,OF WEEDS -,Continued The .bids ,received. -were --as follows.-. P. I. HADDAN - $500.00 certified -check, plus 10% bid bond First discing Second discing Item 1 00 3.00 .Item 2 7.00 5.00 Item 3 9.00 7.00 .Item 4 10.00 9.00 Item 5 9.00 7.00 WATTS -SMITH - $6Q0.00 certified check Item 1 5.00 4.o0 Item 2 8.00 6.00 Item 3 11.00 9.00 Item 4 9.00 9.00 Item 5 8.00 .8.o0 JOHN C. WARNER Item 1 Item 2 Item 3 Item 4 Item 5 Mayor Heath. - City Attorney Williams. - Councilman Towner: City Manager Aiassa: 6.50 4.50 9.50 6.50 13-00 8.50 12.00 10.00 9.00 6.00 In reference to the letter of Mr. Haddan, is that legal? Yes, it is. He was the lowest bidder? Yes. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the award of the contract for Weed Abatement in the City of West Covina be given to P. I.- Haddan, as the lowest responsible bidder., and as per the recommendation of the City Engineer. HEARINGS PROTEST HEARING ON WEED"" ABATEMENT interested parties to Resolution No. Council on February 14, 1961. This date set as the time and place for the hearing of pro- tests or objections from property owners and other 2020 adopted by the City Mayor Heath opened the public hearing for the hearing of protests or objections to Weed Abatement and stated that all those desiring to present testimony should rise and be sworn in by the City Clerk. There being no testimony in protest on the weed abatement, the ..hearing was declared closed. Motion by Councilman Towner, seconded by Councilman Barnes, and carried; -that "the City 68uncil hereby orders that all weeds shall be abated -,on the'lots that have been so posted. C o C a :3-13-61., PRECISE". PLAN OY._DESIGN, NO. 257 F`ir^at .Pe.de,ral,•..;Saw ngs and Loan :As; oe::at.on of ...Alhambra HEARING. CONTINUED AND HELD OVER T0' NEXT REGULAR ,-MEETING OF THE CITY COUNCIL. Page -Eight LOCATION. Southwest corner of Sunset and Service Avenues, between Orange and Sunset Avenues. Request for Adoption of Precise Plan of Design approved by Planning Commission Resolution No. 1007 .Item 5 of the Planning Commission recommendations appealed by the applicant on February 23, 1961. .Maps were presented and the resolution of the Planning Commission was read by the City Clerk. 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. D. E. Thompson I am representing the applicant 2550 N. Prospero Dr. and would like to present to you West Covina the architects rendering of the building which gives an idea of the scope of what we are proposing. i think that it i•s t1i-me, -i-,n ..t°he ,a:ppeal inn. th -,s "matter, :bha•tf we indicate -our feeling that anything in business has to be more than a one-way street and we have the feeling that it is the wishes of some of the people in West Covina that it be only a one-way street. I am sure that you are aware of the fact that the applicant, staff and myself have spent considerable time in working with the City in putting this together and that the land lay idle in the City and the people were at loggerheads and got nowhere until we came into the picture, and then there were indications of cooperation if we would go ahead and carry this thing which we were willing to do. It is our firth desire to cooperate with the City in every way, but I think that we are entitled to reciprocity for efforts made and as an institution which is spending its savers money and which it is not willing to spend any more than it feels it has to, and which is something we feel we are being asked to do. Sunset Avenue is a secondary highway on the major maps. We are being asked to deed to the City a considerable amount of land. It is no secret as the deed is on record and is P50,000.00 blic, so the price we paid for the land is of public record, an acre. We are being asked to give better than 14,000 square feet of land, which adds up to a considerable sum of money. On top of that to be asked to pave these streets at considerable cost to meet highway specifications, and which is rather more than the landowners need, is not a fair request. - We have gone along with the specifications that have been set out for the Civic Center area, such ap architecture, extensive land- scaping, etc., and have been perfectly willing to do it to help the City, and this is also to our benefit. On the other hand, after the plans were approved by the Board of Directors and when it was indicated what the requirements of the City were, it was felt there were things being unduly attached for this operation and they wanted to know if this should still go ahead, especially in view of the fact that there is a license to build in Costa Mesa which -is growing faster than West Covina. I said, yes, as .I had confidence -in West Covina and that it will grow. My home Is in West Covina, and I am anxious to see the City prosper, but I fee-l'there'-should be fairness in this matter and I would pro- tes•t .. the._ street- requirements in there. C o C e .3-13-6.1.. Page Nine HEARING ON_PREGISE.PL=N OF DESIGN NO. 257 - Continued Mr. Do E. Thompson - Continued I'..:fee.l there are sufficient funds in the City to take care of this, ..and..I feel there is a need for reciprocity to put in streets, to build.highwayse The widening of Sunset and Service Avenues to 80 feet -is :.,good and it will help the traffic flow and it is better .:now,---.than.to try to widen it afterwards, but to ask landowners to ,:;give up this land for the price paid and to add this to it is unfair. ..To.put in curbs and gutters, that we do not mind, although we felt there would be no one to walk on them, particularly on Service ..,Avenue. Howev'or, to put in the streets, that we object to, and there has., we feel, got to be a little cooperation between the City and ourselves and ask that we not be requested to go to this additional expense to put them in. Mr. Harold Johnson Civil Engineer Covina something, But before you this I am going to ask your indul- gence on the reading of a few noteso Usually, as an engineer for the applicant, I feel,.as a speaker, that I am proposing evening I feel on the defensive. I do not think that in all the time I have had to do with city government, one side or the other, that I have spoken in support of a case at which the Council has already made a decision on the matter that has been requested for public hearing and set up on • the Agenda four days after the appeal, and a copy of the letter was sent to the City Manager as a courtesy matter. In the Council minutes of February 27, 1961, it is indicated that Council indicated ,City policy was they (improvements) should be put in by developer as per ordinance. I do not know how to say this without incurring wrath, but I feel that it is an illegal step taken and unless you are very broad- minded, it can be hard to bear to hear this, but I think that you have acted in a manner that is morally dishonest. I think that you should have consulted the developer if you were to make such a decision, since a public hearing was asked for and which has been the policy and law for a good many year. Also, you have been intellectually dishonest, since on one hand you have asked the subdivider to pay for improvements, and on the other hand you have received aid from the County, using, as an argument, that this highway--Sunset--is principally in the public interest. This is a civic regional area with a Court House, County Library, County Health, in addition to a civic center. On top of this, the Minutes infer, although they do not say it, but infer, that there is an ordinance about street improvements and that developers put them in. I say this isnvt true. Council has made many decisions over the years, going back to 1947, with respect to highways. You have made arrangements with devel- opers for right-of-ways, scope of improvements and you have made them as to structural requirements, thickness of base, etc. I do not say those decisions were right or wrong, most of them were right with definite cases of zoning hardship and public interest decisions. They range from Merced, South Vincent, North Irwin- dale, North Azusa, Rowland Avenue, Badillo Street, North Vincent, Barranca, Cameron -Merced Avenue bridge approaches and widening of Hollerib'eck bridge approaches. School zones Cameron at Sunset, Co C. 3-13761._ Page Ten HEARING. ON. PRECISE . PLAN- OF DESIGN NQ: '.- 257 - Continued Mr. Harold Johnson - Continued 4o Lark Ellen Avenue from Walnut Creek Wash to Cameron, South Azusa Avenue, and several other bridge approaches. Tonight we are talking about, on Sunset, approximately $3,000000, .and we are requesting you to provide relief"°on this particular avenue for the reasons set forth by Mr. Thompson which have to do with public interest, and the County of Los Angeles participating in bridge approach, and this bridge is in the public interest. This bridge approach adds a problem to this site, as it creates additional fill. With respect to Service Avenue, my comment would be in accordance with the general features that you have with this situation also, and we would ask for relief. I feel, however, that that isn't as strong a point as the request for Sunset, but that is my own personal opinion. I would request Council and its members to consider this matter very carefully and would even go so far as to hold it over so the .statements I have made can be checked or studied further to deter- mine whether or not what I have said is so. Mayor Heathy In checking the Minutes referred to, it indicates Communication of Appeal, and as stated by Mr. Johnson, the Council indicated the improvements should be put in by the developer as per City ordinance. Mr. Johnson seems to have quite a few valid points. I think it might bear some study because of the fact if his comments are true, we certainly should look into this further. I would recommend, rather than closing this hearing, to continue it and hold it over to the next regular Meeting. Councilman Towner;. I think clearly the policy stated by Council is our policy and I do not think it is morally dishonest to state our policy, and I think the applicant is asking for a deviation from policy. They are entitled to ask for it, and it should be approached with open minds, honesty, integrity and publicly. I think that if there is deviation from City policy this should be handled by a full City Council. I think that Mr. Johnson and Mr. Thompson have made points of con- siderable interest, particularly as to public interest in a major or secondary street, and whether the City should contribute funds to these improvements greater than other streets. I am interested in the other deviations as to when they occurred, and whether accomplished by this City Councils It may have a bearing as to whether we have been consistent in(,policy and if we haven't been, we should be. City Manager Aiassan For Council record and for the applicant present, this matter was reviewed twice by Council and the only applicable question here was that we had other cond- itions developing and we desired to know whether Council con- firmed its previous policy. Actually, it was information for the Engineering staff. • 0 C. C. 3-13-61 Page Eleven HEARING ON PRECISE PLAN OF DESIGN NO. 257 - Continued Mayor Heath: I am wondering about putting in street improvements in the City. I have seen them go to.deviations and I do not know if there is a firm policy or an ordinance, and I am somewhat confused in my own mind on this matter. Councilman Barnes: I think this should be held over. Especially relative to the point of Mr. Johnson's regarding Sunset Avenue bridge approach and requirements of filling in an area. There are many things I would like to have the Staff report on and to study this problem and know the policy on all those items mentioned by Mr. Johnson so that we can judge on them. City Manager Aiassa: bring Council up to date as to what general practice .insofar as street Mayor Heath. - City Manager Aiassa: Councilman Towner: We will have a written report for the Council at the meeting of the 27th. We will direct Mr. Dosh to has been done in the past and the improvements are concerned. On Service Avenue there is a new building. What are the provisions on that? All improvements. What improvements are required here? How much street is to be put in? City Manager Aiassa:. We have two problems. It is a corner lot adjoining two streets, one being Sunset, a major street, Also, compounding the problem, we are changing by a complete new design of that existing bridge, and there is also a drainage prob- lem. There should be a review by staff with recommendations insofar as Sunset, and I would concur with Mr. Johnson insofar as Service is concerned. We will have to study Sunset. Mayor Heath-, Would there be any inconvenience to holding this for two weeks? Mr. Thompson-, No. Mayor Heath: We should have a report from staff and also all the ordin- ances as referred to in our action of two weeks ago. Mr. Thompson: We would welcome the opportunity for us to study it with you and work with you. We are being asked to work with the City, but the narrower street wouldn't hurt our operation, and the City has asked for a detour and we are faced with the fact that it goes through our building site for some five months. Considerable time has been spent with City officials and flood control to try to work out some way regarding this. This is part of the cooperation problem in which the City has not been too helpful to use Mayor Heath: A detour problem? C. C. 3-13-61 Page Twelve HEARING ON PRECISE PLAN OF DESIGN NO. 257 - Continued. Mr. Thompson: We are working on it, but we can put no off -site improvements or parking lot here unless it is done by September, but if there is delay we have real problems, Councilman Towner: Is detour something we requested? Mr. Dosh: The City has asked for detours on certain of our streets where we felt we had to have a detour to keep the traffic moving. The flood control does it at no cost to us, but we only asked for them where we thought it was very necessary to keep traffic moving for certain bridges, Glendora, Sunset, Merced, Citrus, and we had an alternate program detouring traffic from Lark Ellen to Azusa. City Manager Aiassa: I believe the Council have all received maps showing all the proposed detours several months ago, Mr. Thompson: We didn't know it until a few months ago and didn't know of the intent to go through our building site. Mayor Heatho We can review this also, as 10 there is a question if the flood control should be behind scheduled City Manager Aiassa: We have got to have bridges. Mr. Dosh: The flood control has modified this detour already to meet this particular problem. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that Precise Plan of Design No. 257 be held over and the hearingcontinued until the next regular meeting of March 27, 1961. City Manager Aiassa: Council should be aware we are removing a large open drain which will be beneficial to their property. PETITION FOR ANNEXATION OF Request is for Council to '.INHABITED TERRITORY grant a request to commence proceedings. West of the com- mercial installation on the northwest corner of Francisquito and Glendora Avenue. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that this matter be referred to the Planning Commission for study and report. El • C. C. 3-13-61. RESOLUTION NO. 2058 Accepting a Bond (Tract No. 26017 - Ferned Corporation) ADOPTED Page Thirteen The City Clerk presentedo "A RESOLUTION OF. THE CITY COUNCIL OF THE CITYOF WEST COVINA APPROVING A BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION THEREOF." To accept the Aetna Insurance Company Bond No. S451 804 in the amount of $500.00 for the construction of a manhole,at the easterly end of Line 1 in Tract No. 26017 in the City of West Covina if the sewer line is not extended within a period of one year from the date of the bond. Staff recommends acceptance of the bond, Mayor Heath: 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, Mayor Heath Noes: None Absent: Councilmen Brown, Snyder, Councilman Brown entered the Chambers at 8:35 Po M. RELEASE OF $1,000.00 STREET Principal: John N. Buchanan's EXCAVATION BOND Cesspool Service. AP 'ROVED Bond No. S-1179554 in the amount guaranteed by this bond have been recommends release of the bond. To authorize release of Fidelity & Casualty Company of New York of $1,000.M All obligations satisfactorily fulfilled. Staff Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that authorization be given for the release of the Fidelity & Casualty Company of New York Bond No. S-1179554 in the amount of $1,000.00 to the principal, John N. Buchanan's Cesspool Service. PLANNING COMMISSION RESOLUTION NO. 2059 Approving reappointment of John Hall ADOPTED Mayor Heath: To a question of Councilman discussed, it was indicated been appointed to serve out less than one month to go, appo'�ntment. The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVING APPROVING THE REAPPOINT- MENT OF JOHN HALL AS A MEMBER OF THE PLANNING COMMISSION FOR A TERM EXPIRING JUNE 30, 1964a" Hearing no objections, we will waive further reading of the body of the resolution. Brown that this matter had never been by the City Clerk that Mr. Hall had Councilman Towner's term which had and that Council had not confirmed his C. C. 3-13-61 ..RESOLUTION. NO. 2059 - Continued Page Fourteen Motion by Councilman Towner, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows- Ayes- Councilmen Brown, Noes- None Absent- Councilman Snyder Towner, Barnes, Mayor Heath Said resolution was given No. 2059, REPORT ON ZONE CHANGE NO. 170 In December, 1960, this matter R. B. Bowker, et a1 was approved by the Planning Commission. In January, 1961, this was held at Council level and the hearing was closed, but it was referred back to the Plan- ning Commission for re -study relative to suggestions made by Council. However, it was requested by the applicant that this zone change be held in abeyance pending the presentation of a precise plan. A report has been made by the Commission with copies to members of Council. Mayor Heath: On the original recommendation, wasn't the entire frontage on Merced, R-l? Mr. Joseph.- The plan before you is the recommendation (of the Planning Commission) from last December and submitted back to the City Council. The Commission desires to confirm the stipulations made by them at that time. Mayor Heath: all Merced Avenue be R-1? Councilman Barnes - But the provisions of the Planning Commission recommend- ations, didn't they consider Didn't the applicant oppose the Commission findings and feel it impossible to develop in this manner? Mr. Joseph- The applicant has submitted a letter to the City Council. Councilman Brown- The recommendation was for R-1 backing -to R-3, this they didn't agree on, Mr. Joseph: I would add another point regarding the precise plans submitted. The applicant submitted precise plan alternate No. 1 and No. 2. Alternate No. 1 indicated only one tier of R-1 and showed the street shifted with R-3 backing to R-1. Alternate No. 2 conformed to lot depth, but contained deficiencies in the plan which couldn't be accepted by the Planning Commission. They rejected both plans submitted by the applicant. Mayor Heath- Perhaps the Council might desire to study this until their next regular meeting. If we act .on it tonight we are acting unprepared. M C . C 3-.1.3,-61 REPORT ON ZONE CHANGE NO. 170 — Continued Page Fifteen Councilman Barnes; This question was.brought up in joint session the other night. - The Commission felt that if R-3 was made less then 288 feet, there would not be a good development. They also felt that the R-1 lots should be no greater in depth than 135 feet, otherwise there would be poor development for the R-1. Councilman Towner-. The precise plans are new inform- ation we haven't had before. They both provide for access to and from California Avenue, and if I understand the applicant's position, they are unwilling to accept any change in their plans that would run a street through to Merced instead of California. I understand the Planning Commission is only interested in a street going to Merced and does not want a street out to California. This is shown on 45-X-1 now on the board. It is my view that Block Study 45-X-1 is deficient in facing R-1 into the R-3. I like the proposal submitted by the applicant in the first alternate with the exception that the street should go out to Merced. Councilman Brown-, Except this street doesn't run clear through to Merced, and he has no way of getting a street through to Merced. He does not own out to Merced but does own out to California. Councilman Towner: This may be true, but this is the way they purchased the property, and frankly, I think it.is extremely difficult and a hardship on the property owners, but I also think we must do what we.think is good planning. Councilman Snyder entered the Chambers at 8:50 P. M. Councilman Towner: The application filed with us ran the property clear to Merced Avenue. City Attorney Williams-. Mr. Joseph: City Attorney Williams: Councilman Towner: as a whole from Merced. It would be if we were able to do that. Was the application joined into by someone else? Yes. Originally, then, more than Bowker was involved. In fact, I think they are still involved. They haven't withdrawn from the application and I think that we can consider the parcel beneficial to everyone involved 0 C. C. 3-13-61 Page Sixteen REPORT ON ZONE CHANGE NO. 170 - Continued Councilman Towner - Continued-, I think another thing that might be helpful to us, a technique we have used before, in that where you have large pieces of undevel- oped -property and dispute as to how it is best developed, we have asked staff to go out and survey it and mark it with colored flags indicating streets and designs, plus any other information we might ..desire, and then we go and look at the property to get a better picture of it. Possibly this is a technique we could use here. Councilman Barnes.- The other night, didn't Mr. Bowker indicate that some of these other property owners wouldn't go ahead with him? Mr. Joseph-, Councilman Brown: Councilman Towner. - is still in the application. Councilman Barnes: Mayor Heath-, latest thinking so far as the area concerned, Yes, he did, but we have received no formal letters from any of the other prop- erties. The letter we have indicates they have withdrawn and he has no dedication to Merced, This may be true, so far as Bowker, but is it so far as the City is concerned? It That is correct. We were con- sidering the whole thing instead of just one part of it. Possibly this needs more study and better report. I would like to see a summary of the is concerned of property owners Councilman Barnes: I think you have a recommendation and the thoughts of the Plan- ning Commission as to how they. feel about it. There is no doubt as to their feelings as they reaffirmed what they said before. But so far as property owners, I know nothing about this. Mr, Joseph: The Planning Commission also recognizes the fact that the only matter before Council is zoning and no block studies have been officially adopted for the area as to street locations. That which is before you is a sug- gestion and the original recommendations showed only the depth of R-1 and R-3. Councilman Snyder: This is what is reaffirmed by the Planning Commission and Bowker isn't happy with it? Mr. Joseph: Councilman Snyder: According to his letter. What will he accept? C. C..3-13-61 REPORT ON ZONE CHANGE NO. 170 - Continued Councilman Towner: Page Seventeen Essentially it is shown in the precise plans what he wants. toThe letter of Mr. Bowker was read by the City Clerk. Councilman Snyder: getting this street back? Councilman Barnes: What guarantee do we have that this zoning hasn't been instig- ated only for the purpose of The street out to California? Councilman Snyder: Yes. We have to consider the over all layout of streets, not just this street, and also, how this street will affect the over all layout. Possibly it could make the rest of the property more difficult to develop, especially to the south. Councilman Towner: I think it has been repeatedly indicated, not only on the Weizel property, but in con- nection with the study of Von's street, that we did not feel in accord with the access to California Avenue, yet the applicant apparently insists this is the way he will develop it or not develop at all. I also have some question of the withdrawal of the others in the • application. I think we are concerned with the over all layout. The Planning Commission has done the best they can with a difficult .situation, considering the existing home owners and their attitude toward it, and the applicant's position in the matter. Their comments such as carports for apartments being served only from somebody else's property is clearly well taken. This again is one of those difficult pieces of property which suggests that we not act on it tonight unless we go down and see the property laid out by stakes, or some other means, and get the whole picture and show this to the applicant. City Manager Aiassa: Councilman Towner: It will cost money. It doesn't need to be done by survey, but stakes with flags on them. Councilman Snyder: Showing which plan? City Manager Aiassa: This half street is already in on the precise plan. Councilman Towner: I am aware of that. What we want shown is what is pending before us for consideration and try alternatives if we want to. Otherwise, we could leave it R-A until we get our over all planning study and then possibly something could be done. n LJ • C. C. 3713761 REPORT ON ZONE CHANGE NO. 170 - Continued Mayor .Heath: and representative. same person, stating .ha-s asked to have the proposal. Is this a as a formal request? Page Eighteen When this was filed it was in the name of Bowker, et al, and he was appointed as spokesman Now we have a letter on file, written by the that one of the individuals who he represented south six acres removed from the application formal request? Do we have to acknowledge this City Attorney Williams: Not as I understood this letter; unless there is something else on file. It is generally con- sidered that an application can be dismissed at any time up to the end, including appeal. In fact, I think we amended the ordinance to state that the applicant could dismiss the case during appeal. However, I do not necessarily consider this letter as a dismissal as it doesn't say "we hereby withdraw". It says "we withdraw." Now if the other owner files withdrawal, not Bowker, by ordinance or accepted policy, you can consider it withdrawn. Mayor Heath: The last paragraph of that letter states that if zoning as they are proposing cannot be given, the application be withdrawn. Is this a request? City Attorney Williams: An indication from Bowker that if you do not give R-3 as request for withdrawal. requested, then this is a Mayor Heath.- Has the precise plan been appealed to Council? City Clerk Flotten: We have received no appeal. City Attorney Williams: This letter of March 6 indicates appeal of the precise plans. The appeal of the zone change was already before Council previously, and this would appear to be an appeal of the precise plan. I would read this as an appeal with a fee to be required and the matter set for hearing. Mayor Heath: and if so, where is the fee. withdraw his application for a that we then decide whether we and locate important spots for I would propose that the Planning Director ascertain if an appeal has been made, Also, determine if Bowker wishes to zone change and precise plan, and want to put some flags down there our review. I do not feel, however, that we are in any position to act on this tonight. It has been shown there are a lot of questions to be answered, and I think we should put this off for further report and some type of study. Councilman Barnes: Study this as an "on the spot" study and make a decision at the next regular Council meeting because I think the applicant should have an answer as to whether or not we pass the zone change. • • C`. C. C. 3-13-61 REPORT ON ZONE CHANGE NO. 170 - Continued CityAttorneyWilliams: whole thing before you, then if he drop the whole thing. City Clerk Flotten: .reaffirmed their recommendations. zoning? Councilman Brown: Page Nineteen You could appeal the precise plans to yourself now., which at least would give you the desires to drop it, then you The Council held a hearing on Zone Change 170 and then referred it back to the Commission, who What is Council decision on the A good proportion has been withdrawn, It would seem, and the conflict is between them- selves. If this is the plan on the wall that the City Council is going to stick with, maybe this should be denied and the applicant be so informed that it was denied on the over all. Mayor Heath: I think there should be further study before denying a man the right to use his property, Councilman Brown: It wouldn't deny his property. It would deny the zone change. .If he came back on his own piece of property, it might be a different matter, but this is not only for his property. Anything else would only be on what he, himself, owns and has physical control over. .Councilman Snyder: We should get the question cleared up as to how much has been withdrawn. Councilman Brown.- We have it answered tonight. This application and letter is request on his own propprty. Mayor Heath.- The fact of mention of appeal doesn't seem he would want a decision tonight. City Attorney Williams: If he feels he has appealed the precise plans, and the letter would indicate that he does think he has, it should be appealed before this body and your action would be that action be withheld on zoning until there has been action on the precise plan. Action of the precise plan is pending, because this is an appeal and to act on the zoning now would be contrary to your indications prior to your indications of waiting until there is action on the precise plan. Council was in accord in that they felt the applicant should be charged for the appeal and that the Council should not appeal it. Motion by Councilman Brown, seconded by Councilman Towner, and carried, that the applicant be notified that if he is appealing the decision of Precise Plan No. 258, as submitted to the Planning Com- mission, that a fee is due and this should be done by the City Clerk. Motion by --Councilman Towner., seconded by Councilman Barnes, and carried; that­-Zone�Change No. 170 be held over. C. C. 3-13-61 REPORT ON ANNEXATION NO. 168 Council does hereby consent to the REVIEW OF PLANNING COMMISSION ACTION OF MARCH 1, 1961 Page,Twenty Motion by Councilman Brown, seconded by Councilman Towner, and carried, that the City circulation of petition, Precise Plan of Design No. 261 of Jack Goldberg - 157 S. Bandy Avenue, between Dalewood and Ashwood Street - Approved. Precise Plan of Design No. 262 of Ted M. Walsh and Irene Co Walsh - 127 N. Lang Avenue, between Workman and Garvey Avenues - Approved, Precise Plan of Design No. 242, Rev, No. 1, of Edward J. LaBerge, Jr., corner of Azusa Avenue and Danes Drive, between Danes and Eckerman Avenues - Approved. Zone Change No. 174 - City Initiated - of area within West Covina Easterly Annexation District No. 165 for reclassification from County Zone R-A 40,000 to City Zone Area District III or IV - Denied> City Clerk Flotten: We have received a petition from those inside the Annexation review the decision. No. 165 asking for Council to City Attorney Williams: I think this could be construed as an appeal, and possibly they should pay a fee. Councilman Barnes: We should think about this. The property owners realized that we are going through this study with Mr. Eisner and of the possibility of an Area .District V in the hilly areas. I think they were justifiably right in questioning this, because they felt some of this was too low and although I did not agree with all of this, I do believe they were right in attempting to protect their properties, and particularly against the possibility of R-3 property coming in adjacent to their homes. I think, however, we should study it and get Eisner's report, Are we required, by ordinance, to put some type of zoning on this property after it comes into the City within a certain length of time? Councilman Brown: It comes in as R-A 40,000 in County, and then Area District IV until such time as it is changed. City Attorney Williams: The code says "as soon as practicable." They come in with the same zoning it has in County and stay that way until there is a rezoning and are placed in some zone which is in the City zoning ordinance as soon as practical. C. Co 3-13-61 Page Twenty-one ZONE CHANGE NO. 174 - Continued Councilman Snyder: Aren't they really appealing this to set up something more quickly in Area V? Mayor Heath: I feel they would be satisfied with Area IV and have just reasons. City Attorney Williams' I think it now comes in with all the regulations of the County applied to it until you change it. The County regulations remain unchanged until you change it. Councilman Brown-, We annexed an area and wanted it changed to Area III but it came in IV and we couldn't change it to anything else because it was annexed. City Attorney Williams: I believe it was specified at the time of annexation how it would come in, this is not a specified annexation area. It says you can specify how it comes in or if not it comes in under County specifications until you change it. Councilman Towner: This is R-A 40,000 until action is taken and it appears we have • a pending appeal subject to the receipt of a fee, and we can do the same thing as on the last action before us, direct the City Clerk to project their appeal, post it and we can hear it. City Attorney Williams: agreement when it was annexed. They seem to have the feeling the City should appeal it, because that is part of the Mayor Heath-, I would like to have it defin- itely set into the record that Mr. Mottinger and I served on the Annexation Committee at the time of this annexation from the very beginning of the annexing action, and at no time, whatsoever, was any zoning discussed between ourselves and the property owners. Councilman Barnes: Mayor Heath. - that was all that was said. change of zoning, at all. Councilman Brown: we are the petitioners. Mayor Heath. - do they pay- for ..the appeal. Was it discussed, at that time, they would come in as they were in the County? It was stated they would come in at the nearest classification to the County classification, There was no request to us for a If the City initiated this at the Planning Commission level, they aren't the petitioners, It was City initiated, but I believe anyone can appeal City initiated project, and if they • C. C. 3713-61 ZONE CHANGE NO. 174 - Continued City Attorney Williams. - Page Twenty-two On an appeal, anyone who appeals pays the fee whether or not City initiated. Councilman Towner.-, I am satisfied with the Planning Commission action at this time, and I have no desire to appeal it to the Council as a Council. If there is going to be anything further done on it, the people who signed the petition should be notified that if they want to project an appeal they should do so themselves. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the petitioners be notified by the City Clerk that if they wish to affect an appeal from the Planning Commission's actions, that they project their appeal by the required procedures, including a filing fee, and after that is accomplished, the matter be set for hearing. Mayor Heath called a recess. Council reconvened a:t 9.-50 P. M. RECREATION AND PARKS Councilman Towner„ There was a communication to the • Council from the R & P Com- mission that was contained in a bulletin sent to you, in that they recommended that the City Council proceed with the legal steps necessary for the holding of a special election and appropriate the funds needed to conduct said election. I think we should take that action. The only question is the amount of funds and what legal steps we need to take. The other thing I would like to mention under this is the study made, and I think it is a very fine study which summarized the revised list of items under the $800,000.00 bond issue, and if I understand the action correctly, we would proceed with the bond issue on the basis of this revised list. I think, however, that perhaps Council should review this and determine if there is any- thing in here they object to, and do it right away. Personally, I think it is well done and I feel the Commission should be commended on the way they handled this. Councilman Snyder: Councilman Towner: Is informing the public to the best of what is to be included in the bond ments in this as time goes on, but these same purposes. You aren't suggesting that we commit ourselves to this list in detail? This is a general list. No, I think the -,understanding of this list is that it is prepared for the purpose of our present knowledge as to issue and there may be adjust - money will be spent within C. C. 3-13-61 RECREATION AND PARKS - Continued Page Twenty-three Councilman Barnes: I would question one item, the night lighting. Two parks got $1,000.00, but with Cortez Park there is $10,000.00 shown for night lighting, and none of the 69 other parks received this type of treatment. 0 Is Mrs. Blood: I was not in attendance at that meeting, but there will be more adjustments made, as pointed out, but I believe the lighting was based on the idea that some lighting is in conjunction with schools that are in conjunction with park sites. Mr. Gingrich: Cortez Park includes night activity which needs good night lighting, whereas other lighting is just security lighting. Mayor Heath: What type of night activities? Mr. Gingrich: Multi-4purpose slab flood lights for roller skating, night basketball, volley ball and picnic area, so people can stay after dark in that area. It will not be for softball or football field. Councilman Barnes: My feeling is this. We are acquiring additional ground at Orange -Merced site, and this will make this particular park almost as large as Cortez Park, and I am wondering, on that basis, that it wasn't also considered as a major park? Mr. Gingrich: However, that will be a number of years before it is devel- oped to the extent that Cortez is already. Councilman Barnes: If we continue to develop Cortez to the extent we are, naturally it is going to be a larger and better park, but I do not feel it is a good idea to give this type of treatment to Cortez and not to consider others. Mrs. Blood: It is felt we will need night lighting for night activities, and right at the moment Cortez is the only feasible place, according to development, to place it unless we developed Orange -Merced to that point, then we could go ahead with their lighting. Councilman Snyder. - activity, it is going to mean more Councilman Barnes: Mrs. Blood: Night lighting is going to mean more personnel and with heavier night lighting for night personnel in each park. I think it should be at both ends of the City. I.agree it would be needed at Orange. C C 3,-13-61 Page Twenty-four RECREATION. AND PARKS — Continued Councilman Towner:. e The problem is in having just so much money to work with, and to make a reasonable decision on that basis unless as time develops a group that makes use of a park invests their funds in night lighting.and we can use some of the funds to develop that other park. City Manager Aiassa: The bond issue isn't going to relate all these details. It will be general, and before these big allocations are spent, the Commission would evaluate these items. It is a general summary of a general area where large sums of money may be allocated, but after a successful passing of the bond issue, expenditure must remain within the original amount allocated by the bond issue itself and small changes if they are within the proximity of the original amount. Mr. Gingrich: The greater portion, by far, is at Orange -Merced --acquisition, community center development, etc. of that site over there. A relatively large portion is applied to it. Mayor Heath-. The final distribution of this money will be approved by the Council after the bond issue passes, and I question, sincerely, whether this list should even be distributed, since it could be taken that this is a breakdown • of the bond issue, allowing certain amounts to each individual item and that is something we did not want to do. I feel that if the public see this paper and the bond issue goes through, it will be taken as a breakdown of the money and where it should go and we will be in trouble. Councilman Barnes: Council agreed to these particular parks, at least for myself. Mrs. Blood: usable or concluding list. Mayor Heath: Councilman Towner. - This is my feeling, and I do not want this used as a lever at a later date, saying that things in these particular There was some issue taken with it, and I do not believe this should be a completely I hope the records will show that. I agree, in general, to this principle, and it is not our intent to bind the Commission or the Council to these expenditures. But we have to make some explanation to the public as to where the money is going, since if they vote money they certainly do not want to vote in the dark as to where the money is going, and this is essential to sales- manship to have them know where the money is going to go. Councilman Snyder: You can use the list on the left. C. C. 3713-61 RECREATION AND PARKS - Continued Page Twenty-five Mayor Heath: As soon as you use this list for specific items, you are then intimating to the public this amount is to be spent for each item and this is something we want 49 to guard against so as to be more flexible. Councilman Barnes: Councilman Snyder: I would agree to list on the left of all parks, but down. That is correct. taking the with the total not break it Motion by Councilman Towner, seconded by Councilman Barnes, that the City'Manager be directed to contact O'Melveny and Myers to make arrangement for legal counsel in connection with Parks and Recreation Bond issue. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that the Parks and Recreation Commission be commended on the drawing up of this list and amqunts and that Council agrees, in principle, with the goal as stated on the left and further that they be assured of Council's cooperation in connection with it. . Councilman Towner questioned as to any action to be taken relative to appropriation of funds and the City Manager stated that a written report will be presented as to what is involved, as this is not a budgeted item. GENERAL,MATTERS ORAL COMMUNICATIONS Mrs. R. Blood Since Vincent has gone through into Glendora, south of the Southern Service Avenue, not northern Service Avenue, on Glendora, it is virtually impossible to get out of driveways onto Glendora Avenue or come out of Service on Glendora and turn left. Is there any possibility of a stop sign at Service and Glendora so perhaps you can get out every 500 cars or so. It is almost impossible to do so, not where it is widened down by the newer homes or Von's Market, but in the strip where it is still narrow. A stop would give a temporary relief when cars stop. Councilman Snyder: Mrs. Blood: Service by Valinda, but lower time without backing up. They exceed the -speed limit anyway. They do when they can, although not as much. This area I am speaking of is not upper Service, and would give plenty of M i! C. C..3-13-61.. ORAL COMMUNICATIONS - Continued ..Mayor Heath: Page Twenty-six We can refer this to the City Manager for study and have the Traffic Engineer work on that. Councilman Towner: I have something that probably comes in under Recreation and Parks, and I told the persons involved I would make the inquiry. It is a matter in connection with the Pony League where agreement was that the Edgewood League wouldn't use Citrus Avenue property this year and the Pony League absorb all of the boys. I have had calls, and two were, I believe, justified, of 14 year old boys with experience in the Pony League from other cities and moved to this City and not being accepted into the Pony League because of age. It has been indicated this has also happened to other boys and they were told there was going to be a formation of a farm league. Is that in operation? Are they getting full league schedule out of farm league and all the benefits going with an organized program? Mrs. Blood: The Mustang Pony League south of the freeway all the boys are signed, but if not going into majors they are going into minors, although I am not acquainted with this. However, they are drafting 14 year olds, although there aren't many openings at that age. Mr. Gingrich: They are only allowed so many. Councilman Towner: This is one of the difficulties with franchised leagues, with restrictions imposed outside, and taxpayers are not getting benefits. Mrs. Blood: In taking so many 14 year olds, it is a matter of balance. I know they are accepting and drafting 14 year olds, but there are few openings, as boys do not move out at that age. Councilman Brown: If they are playing baseball, minor or major should make no difference. Councilman Towner: It is considerable difference to the boys, particularly boys that have played before and are good baseball players and who have just moved into the City now. So long as there has been this interim agreement made, there should at.least be provided a sufficient stop -gap for these boys. Mr. Gingrich: I'm sure they'd be able to play, but maybe not in the majors. Mayor Heath directed Mr. Gingrich to obtain the.names of people indicated from Councilman Towner and investigate this matter. C . C 3--13r6l, CITY MANAGER.REPORTS Page Twenty-seven CHANNEL IMPROVEMENTS BETWEEN Result of meeting with the AZUSA AND LARK ELLEN AVENUES residents. The City Manager indicated that Council had received the report on the result of this meeting wi°th the flood control and property owners in this location. The newspaper had used an erroneous approach and in actuality, the meeting had been well handled by Mr. Manetta and Mr. Salsbury, with Mr. Dosh and Mr. Aiassa in attendance, and it is believed everyone was very satisfied with the outcome. PROJECT NO. C-95 Result of meeting with Sunset and Francisquito Avenues property owners. City Manager Aiassa; This meeting was held with the property owners and Mr. Dosh gave a comprehensive report in writing to the City Council. The only item wanted from the Council, immediately, is to authorize the drawing of plans and -specifications to improve Sunset and provide contours grades for the.property owners to determine grade for driveway. U I think this was the consensus of the City Council when we tabled this matter at the last meeting. Motion by Councilman Snyder, seconded by Councilman Towner, that proper procedure shall be taken for the drawing up of plans and . specifications for the improvements of Sunset Avenue on Project C-95. The City Manager stated that it had been explained to the property owners that the City would not be able to participate on the service road, although after major street improvements were com- pleted in the City, that the City might come back and make some arrangements with them, but that now the service road participa- tion is completely out of the question and Sunset improvements would relieve the drainage problem. Councilman Barnes: City Manager Aiassa: EXTENSION OF CIVIC CENTER.AREA Councilman Brown: fhMayor Heath.. No participation on Sunset (for property owners)? No, just their driveway approaches. City Manager read a recommend- ation from the City Planning Commission pertaining to the expansion of the Civic Center Area. I thought we took action relative to extending the civic center boundaries. I believe so, but I think it was brought up at a study session again for reconsid- eration. 4 M 11 ?A C . C . _3-.1.3-6.1 EXTENSION OF CIVIC CENTER AREA — Continued C:ouncilman.Brown- Councilman Snyder: Mayor Heath: Councilman Barnes: Councilman Brown: Mayor Heath: Page Twenty-eight As indicated before, I would-be in favor of extending it pro- viding it goes no fu ther on Sunset Avenue to the east. What is the objection to going east? It would seem that would be more important to our civic center. I would agree. So do I. Others are developed, this is penalizing one owner. However, I think there are other pieces in there and others might revise their structures to be similar under the restrictions. I would agree that this area protects the civic center more than on Service Avenue. Motion by Councilman Snyder, seconded by Councilman Barnes, that it is Council's instruction to the Planning Commission that they hold public hearings to proceed on the extension of the Civic Center area as proposed by the Planning Commission, as indicated in their motion at their regular meeting of March 1, 1961. Motion passed on roll call as follows Ayes: Councilmen Barnes, Snyder, Mayor Heath Noes- Councilman Brown Absent- None Abstaining: Councilman Towner. Councilman Towner stated that he was abstaining from discussion and voting in that he is an owner of property in this area. BUDGETING AND EXPENDITURE OF This is handled in the same FUNDS ALLOCATED FROM STATE manner of the master agreement HIGHWAY FUND TO CITIES we have been using in engin- eering funds. Each year we have to initiate an agreement and project statement. This master agreement would be for budgeting and expenditure of funds allocated from the State Highway Funds to the City, and every time we determine a gas tax project there is a supplemental agree- ment that Council adopts by resolution. This would be a general contract within a supplemental contract of specific requirements for money allocations and project approval. It would eliminate the yearly agreement by Council which they have to approve every year and does not eliminate anything, but does knock off some red tape. C. C..3-13-61 Page;Twenty-nine ..._RESOLUTION NOo 2060 The City Manager presented - —Approving the master agreement "A RESOLUTION OF THE CITY ADOPTED COUNCIL OF THE CITY OF WEST COVINA APPROVING THE MASTER AGREEMENT FOR EXPENDITURE OF FUNDS ALLOCATED FROM STATE 40 HIGHWAY FUNDS TO CITIES," Mayor Heath-, 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 Brown, Towner, Barnes, Snyder, Mayor Heath Noes- None Absent-, None Said resolution was given No. 2060. PROJECTS SS-14 and SS-15 LOCATION-, Palm View and Cortez Parks, Approve Plans and Specifications for sewer connections in SS-14 and SS-15 and authorize City.Engineer to call for informal bids. Refer to City Engineer Report. Staff recommends approval. Motion by Councilman Barnes, seconded by Councilman Brown, and . carried, that the Plans and Specifications on Project SS-15 be approved; the.City Engineer's Report be accepted and authorization be given for the City Engineer to call for informal bids. Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that the Plans and Specifications, as amended, be approved for Project SS-14 in that the sewer line only be carried to our City property line and stubbed off and authorization be given for the City Engineer to call for informal bids, ADOPTION OF THE - As official City flower. HELEN TRAUBEL ROSE Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that this.matter be referred -to the Recreation and Parks Commission for review and recommendation, LEAGUE COMMITTEE OF CIVIL City of Berkeley - March 24, "DEFENSE' "AND DISASTER MEETING 1961 - Friday, Motion by Councilman Towner, seconded by Councilman Barnes, that the City Manager be authorized to attend the meeting of the League Committee of Civil Defense and Disaster at Berkeley on March 24, 1961, Motion passed on roll call as follows-, Ayes-, Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes- None .Absent- None 0 C.- C. 3-13-61 OF, 'PENDING LEGISLATION Page Thirty SENATE BILL No. 208 - Repeal of Employeet-s-Claim Act. League recommends defeat or amendment. .Councilman Brown voting "No" - Councilmen Towner, Barnes, Snyder .and Mayor Heath voting "Yes", with League recommendation. .A.B. No. 441 League opposed. Councilman Brown voting "No." Councilmen Towner, Barnes, Snyder and Mayor Heath voting "Yes" in accordance with League recommendation. A.B. No. 427 men in Fire and Police Departments. League opposed. Fair Employment Practice not permitting the setting of a minimum age limit to hire Councilmen Brown, Barnes and Snyder voting not in agreement with League. Councilman Towner and Mayor Heath in agreement with League. A.B. No. 1214 League in favor. City initiation of inhabited annexation, Councilmen Brown and Barnes not in favor. Councilmen Towner, Snyder, and Mayor Heath in favor. ACA No. 25 60% voting requirement for general obligation. Councilmen Brown and Barnes not in favor. Councilmen Towner, Snyder, and Mayor Heath in favor. 60% voting requirement for lease purchase financing. Councilman Brown and Barnes voting yes, in favor. There were no "No" votes. Councilmen Towner, Snyder, and Mayor Heath abstained from voting, feeling this should have more study. A.B. No. 614 For prevention of juvenile delinquency, a California Youth Commission. All five members of Council voting "No," not in favor. C. C. 3-13-61 Page Thirty-one LEAGUE.BILLS OF PENDING LEGISLATION - Continued -A.-B.. No. 354 All five members of Council SENATE,.:BILL No. 754 voting "Yes," in favor. ..,...:METES AND BOUNDS Motion by Councilman Brown, SUBDIVISION NO. 135-14o seconded by Councilman Barnes, REFUND OF MONEY that the $270.00 bond in relation to the lot split Metes and Bounds Subdivision No. 135-140 be returned to Mr. Stoops, as per his written request, and including ..the amount of,$10.80 inspection fee. Motion passed on roll call as follows-. Ayes-, Councilmen Brown, Noes- None Absent-. None CLASS SPECIFICATIONS FOR SPECIAL SERVICE OFFICER Towner, Barnes, Snyder, Mayor Heath Held over. SWEEPING OF STREETS IN Motion by Councilman Towner, TRACT NO. 21014 seconded by Councilman Barnes, and carried., that Council instruct that the streets are to be swept in Tract No. 21014, but this action shall not be • deemed to be a release of the bond nor the acceptance of the storm drain conditions. MEETING AT LOS ANGELES COUNTY HAIL.OF ADMINISTRATION Wednesday - March 15, 1961 - 10 A.M. M. T. A. Re: Reducing of fare rates for persons over 65 years of age on buses. It was indicated that Councilman Snyder would be unable to attend, and Mayor Heath indicated that a member of Staff should do so. ZONE EXCEPTION CASE NO. 5868 (1) T. Kirk and Margaret Ruth Hills 3200 Virginia Road West Covina Hearing on March 23, Regional Planning Commission. Councilman Browns Why does a man with a Shuffle- board not have to buy a license? It is an amusement, This is at Hollenbeck and Service Road. This matter was turned over to Special Services Officer for investigation. C. C. 3-1.3-6.1 .CITY ATTORNEY LICENSE FEE FOR `LAUNDROMATS _shall draw up an ordinance on by City staff. Page Thirty-two After discussion, it was indicated by Mayor Heath that it would appear that Council is in agreement that the City Attorney this matter, amended, as recommended Councilman Towner: We could review the situation with respect to apartment houses. In effect, they have a business operation in apartment houses and for some reason it is exempt. ..Councilman Barnes: Councilman Brown: not a terrific drive to collect. It might be more expensive to collect than the amount that would be derived from them. We should have it whether we collect it or not. I do not mean not to collect it, but Councilman Towner: I wouldn't say it would have to go in the new ordinance we are considering, there isn't enough information as yet, but the City Manager seems to feel that admin- istratively it is impractical. ORDINANCE NO. 694 An Ordinance reclassifying certain premises ADOPTED 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 FROM ZONE R-A POTENTIAL C-1 TO ZONE C-2" (City Initiated - Zone Variance No. 176.) Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that further 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 Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said ordinance was given No. 694. 1 • 0 1 C. C. 3-13761 ORDINANCE' NO. 69.5 --An Ordinance. -amending code provis,ion.relating to Planning Commission Compensation ADOPTED Page Thirty-three The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE BY THE ADDITION THERETO OF A NEW SECTION OF .THE CODE RELATIVE TO THE COMPENSATION OF THE PLANNING COMMISSION." Motion by Councilman Towner, seconded by Councilman Brown, that further reading of the body of the ordinance be waived. ` Motion by Councilman Brown, seconded by Councilman Towner, that said ordinance be adopted. Motion passed on roll call as follows: .Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes- None Absent: None Said ordinance was given No. 695. ORDINANCE NO. 696 An ordinance amending certain code provisions relating to garbage and rubbish collection and fees ADOPTED The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PRO- VISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE COLLECTION OF GARBAGE AND RUBBISH AND THE FEES THEREFOR." Motion by Councilman Towner, seconded by Councilman Brown, that further reading of the body of the ordinance be waived. Motion by Councilman Towner, seconded by Councilman Brown, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said ordinance was given No. 696. INTRODUCTION An ordinance to rezone certain premises 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." (Sugar) Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that the further reading of the body of the ordinance be waived. Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that the ordinance be introduced. C. C. 3-13-61 Page Thirty-four _AUTHORIZATION FOR SIGNING Motion by Councilman Brown, OF AMBULANCE CONTRACT EXTENSION seconded by Councilman -Towner, and carried, that the Mayor and City Clerk be authorized to sign the extension of the Ambulance Agreement. RESOLUTION NO. 2061 Requesting membership in Independent Cities of Los Angeles County ADOPTED Mayor Heath-. The City Attorney presented: "A RESOLUTION OF -THE CITY COUNCIL OF THE CITY OF WEST COVINA OFFICIALLY REQUESTING MEMBERSHIP IN THE INDEPENDENT CITIES OF LOS ANGELES COUNTY." 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. 2061. PAYMENT OF DUES TO INDEPENDENT Motion by Councilman Towner, CITIES OF LOS ANGELES COUNTY seconded by Councilman Brown, • APPROVED that dues to the Independent Cities of Los Angeles County be paid. Motion passed on roll call as follows. - Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes- None Absent. None CITY CLERK REQUEST TO CONDUCT ANNUAL Temple Sholom BAZAAR ON APRIL 29, 1961 APPROVED Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that the request of Temple Sholom be approved, providing it meets with the approval of the City Safety Committee. REQUEST TO HOLD A -RUMMAGE Sisterhood of Temple Sholom, SALE ON"MARCH 16 and 17, 1961 APPROVED 421 S. California Avenue - C-2 Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that the request of the Sisterhood of Temple Sholom to hold a rummage sale for the two days of March 16 and 17, 1961, be approved, and the license fee be waived. S C o . C . 3-13.-61 .,REQUEST OF SUNKIST P.T.A. APPROVED Page Thirty-five To hold Western Show on March 25, 1961. Motion by Councilman Brown, seconded by Councilman Towner, and carried, that the request of the Sunkist P.T.A. be approved, subject to review of the City Safety Committee. REQUEST OF CALIFORNIA SCHOOL P.T.A. APPROVED of the California School P.T.A. be waived. U. S. ARMY RECRUITING SIGN Tom Hatten Show - April 8, 1961. Motion by Councilman Brown, seconded by Councilman Towner, and carried, that the request be approved, and the license fee Application for placement in West Covina Plaza. Upon discussion with Mr. Joseph on this matter, it was the con- sensus that to do this would be in direct violation of City ordinance, and so it cannot be permitted and no action is necessary. ANNEXATION NO. 64 REFUND OF DEPOSIT FOR DIRECTION SIGNS APPROVED City of Industry. No objections. Council has copies of memorandum. $50.00 deposit received, but signs were not used. Request refund. Motion by Councilman Snyder, seconded by Councilman Barnes, that the refund of deposit for directional signs be approved. PROPOSED (COUNTY) ZONING AT LARK ELLEN AVENUE AND FRANCISQUITO AVENUE QUESTION OF ACCESS TO MR. SUGAR'S PROPERTY BELOW '-CAMERON . AVENUE REQUEST TO SOLICIT MERCHANTS IN CITY OF WEST COVINA referred to the Chamber of Commerce. It was indicated a letter should be written from each member of Council opposing this proposed zoning. Motion by Councilman Brown, seconded by Councilman Towner, and carried, that this matter be referred to the City Manager for report. San Gabriel Retarded Children of the Valley - Fashion Show. It was the consensus this be r: C . C ...3-13,-61 - REQUEST _: OF . "EXTENSION OF TIME ON"METES'..'AND : BOUNDS SUB- D:IVISION"'NO. 135-153 Page Thirty-six To April 13, 1961. Due to no final settlement, as yet, regarding flood control. It! was consensus this be given to the Public Works Director for report to Council. CLAIM OF HERTZ CORPORATION Accident due to signals not .,.,..REJECTED AND REFERRED TO working on North Azusa Avenue INSURANCE CARRIER and green signal showing both ways. Motion by Councilman Barnes, seconded by Councilman Brown, and ...carried, that the claim of the Hertz Corporation be rejected and .the matter referred to the insurance carrier. PROCLAIMING HEALTH WEEK AND March 19 through 25, 1961. POLIO -TETANUS SHOTS DAY March 19, 1961. The Mayor so proclaimed March 19 through 25, 1961, as "Health Week" and March 19, 1961 as "Polio -Tetanus Shots Day." OPENING OF WETHERBY-KEYSER SHOE STORE, EASTLAND MALL BREAKFAST RELATIVE TO OPENING OF S & H STORE City Clerk to attend. March 16, 1961, Thursday, 12:00 Noon 8.-15 A.M., March 16, 1961. The City Clerk stated he was attending, and Councilmen Snyder and Barnes indicated they would try to attend. RESOLUTION NO. 2062 Endorsing proposed revision of the Mayo -Breed Formula ADOPTED Mayor Heath presented and read. - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ENDORSING THE PROPOSED REVISION OF THE MAYO-BREED FORMULA." 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. 2062. Councilman Brown indicted that in relation to Resolution 2062, copies should be sent to Warren Dorn and Frank Bonelli. C. C. 3-13-61 Page.Thirty-seven DEMANDS APPROVED Motion by Councilman Towner, seconded by Councilman Snyder, that Demands in the amount of $102,019.81, as shown on Demand Sheets No. C-250, C-251, C-252 and B-72 be approved. This to include fund transfers in the amount of $56.9-179.41. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Motion by Councilman Barnes, seconded by Councilman Brown, and carried-, that the meeting be adjourned at 11:50 P. M. to Thursday, March 16, 1961 at 7.-30 P.M. ATTEST: • i City Clerk APPROVED -7 Mayor