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03-27-1961 - Regular Meeting - Minutesto MINUTES�OF,.THE_,REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST-COVINA., CALIFORNIA March 27, 1961 The meeting was called to order by Mayor Heath at 7:4o P..m. in the - West Covina City Hall. The Pledge of.Allegiance was led by Council- man.Br6wn with the invocation given by Councilman Snyder. ROLL CALL Present: Mayor Heath, Councilmen Brown, Barnes, Snyder 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 Towner APPROVAL OF MINUTES March 6, 1961 Motion by CouncilmanBrown, seconded by Councilman Barnes, and carried, that the Minutes of March 6, 1961, be approved as submitted. .March 13, 1961-,Motion by Councilman Barnes, seconded by Councilman Brown, and carried, that the Minutes of.March 13, 1961, be approved as submitted. CITY CLERK'S REPORTS TRACT NO. 25770 Extension of time to file a final map.. (James A. Delaney) To May 23,..,1962 APPROVED LOCATION: North end of-Gretta Avenue, north of Merced and east of Valinda Avenue. Request of James A. Delaney to extend time to file final map for a period of one (1) year to May 23, 1962. Staff recommends approval of the request. Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the request to extend time to file a final map of Tract No. 25770 for a period of one year to May 23, 1962, be approved. PRECISE PLAN NO.. 197 LOCATION: West of Azusa Avenue, Accept street impr I ovements north of Puente Avenue. (Thomas Bong) APPROVED Accept street improvements and authorize the release of General Insurance Company of America Bond No.-419180 in the amount of $2,700.00. The Inspector's final report and signed certificate of completion .are on -file The Staff recommends acceptance of improvements and release of �ond. C - C - 3,,-27-61 Page Two PRECISE PLAN NO. 197 - Continued Motion by Councilman Brown, seconded by Councilman Barnes, and -carried, that street improvements in Precise Plan No. 197 be accepted and authorization be given for the release of General 'Insurance Company of America Bond No. 419180 in the amount of $2,700-00. PRECISE PLAN NO. 230 Accept Street,,improvements (our Saviopr Evangelical Lutheran Church) 'APPROVED LOCATION: South side of Merced Avenue, east of Valinda Avenue. To accept street improvements and authorize the release of Hartford Accident and Indemnity Company Bond No. 3148116 in the amount of $4,700.00. The Inspector's Final Report is on file. The staff recommends' acceptance of improvements and release of the bond. Motion by Councilman Barnes, seconded by Councilman Brown', and carried, that street improvements in Precise Plan No. 230 be accepted and authorization given for the release of Hartford Accid-ent and Indemnity Company Bond No. 3148116 in the amount of $4,700.00. RESOLUTION NO. 2o64 The City Clerk presented: Accepting a grant deed and "A RESOLUTION OF THE CITY COUNCIL Deed of Easement in Precise OF THE CITY OF WEST COVINA .Plan No. 219 ACCEPTING A CERTAIN WRITTEN (Jett & Associates) INSTRUMENT AND DIRECTING THE ADOPTED RECORDATION THEREOF." LOCATION: South side of Service Avenue, west of Sunset Avenue. To accept a grant deed for street and highway purposes to be known as Service Avenue, and to accept a deed of easement for sanitary sewer purposes. The Inspector's final report is on file. The staff recommends acceptance and adoption of this resolution. Mayor Heath: Hearing no,objectiQns, 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, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Towner Said resolution was given No. 2064. . . i C. C. 3/27/61 Page Three RESOLUTION NO. 2065 The City Clerk presented: Accepting a grant deed in Zone "A RESOLUTION OF THE CITY COUNCIL Variance No. 260 OF THE CITY OF WEST COVINA (Covina School District) ACCEPTING A CERTAIN WRITTEN ADOPTED INSTRUMENT AND DIRECTING THE RECORDATION THEREOF"., LOCATION: West side of Barranca Street, south of Sunset Hill Drive. To accept a grant deed for street and highway purposes to be known as Barranca Street. Improvements ' accepted,11/28/60.. The staff recommends acceptance of the deed and adoption of the resolution. Mayor Heath: Hearing no objections, we Will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Towner Said resolution was given No. 2065. RESOLUTION NO..2066 The City Clerk presented: Authorizing the execution of "A RESOLUTION OF THE CITY COUNCIL A Quit Claim Deed OF THE CITY OF WEST COVINA ADOPTED AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED". LOCATION: Southerly.lines of Lots 7, 24 and 25 in Tract No. 13721. (South of Garvey Avenue, east of Puente Avenue). Authorizing the Mayor and City Clerk to execute a Quit Claim Deed to easement in Lots No. 7, 24 and 25 in Tract No. 13721, no longer needed for storm drainage or other public purposes. The staff recommends adoption of the resolution. Mayor Heath: 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, Barnes, Snyder, Mayor,Heath Noes: None Absent: Councilman Towner Said resolution was given No. 2066. - .. I . I � TRACT NO, 25403 LOCATION- Magnolia and Cameron ACCEPT SANITARY SEWER FACILITIES Avenues, west of Citrus St. (Mason T. Noice) APPROVED The Inspector's final report is on file, and the bond will be released when str eet improvements are accepted by the Council. Thestaff recommends acceptance of sanitary facilities. Motion by Councilman Brown, seconded by Councilman Snyder and carried, that sanitary sewer facilities in Tract No. 25403 be accepted. 0 C. C. 3-27-61 Page Four PROJECT NO. ss-16 LOCATION-, Fairway Lane and -Approve plans and specifications Grand Avenue, ..and, .-Call for informal Bids APPROVED To approve plans and specifications for sewer construction and auth- for bids on a I n informal basis. orize the City Engineer to call and reports have been presented to members of Council. The staff recommends approval. Motion by Councilman Barnes, seconded by Councilman Snyder, that the Plans and Specifications for Project No. SS-16 be approved and -authorization given for the City Engineer to call for bids on an informal basis. Councilman Brown: Before there is any action on the motion, I would like to ask why is this being done now, when Grand Avenue is going in? Mr. Dosh-. The purpose is to save the general taxpayers in the area a sum of money, which we will collect back from installation of the sewers. Councilman'Brown-o Where have we done this before? Mr. Dosh.- Relative to the Walnut Creek Trunk Extension, we participated to receive monies back later on. Prior to this we had done this type of work under reimbursement to us, but the Courts now say we cannot do that in a 1911 Act and the only thing we can do is to install the sewer at our cost and collect on connection costs at a later date. There will have to be the cutting up (through) of Grand Avenue, and this would save the people some $2,500-00 all told, and also, not cut up the traffic pattern again after Grand Avenue is opened up. If this is installed prior to paving, it will save further cutting and result in less traffic congestion. Councilman Brown-, Mr. Doshg Councilman Snyder. - Mr. Dosh.- Where is this so important? The homes will go in by 1911 Act and we can't get money back through the 1911 Act. Not through the normal 1911 Act procedure, but through the con- nection charges, we can get our money back. This 1911 Act is already made up? It is District 60-2, and we are accepting sewer easements prior to construction. Councilman Barnes: I can see A saving in this, because later it would either mean cutting the street again or boring underneath, and if we can save the taxpayers in that area some money, I feel this is a good thing, if we are assured we will be reimbursed. Ll C. C. 3-27-61, PROJECT'NO. SS'16 - Continued Counci,lman-Brown-. dig up $360.00 while tonight there money being available to do this. Councilman Snyder: Councilman Brown: City Manager Aiassa-, Page Five The point I am trying to bring up is that at a previous Council meeting, we couldn't seem to seems to be no questions as to Three hundred and sixty dollars for what? For football field,,although I'll admit that is a different story. I would not ordinarily go along with this, except that funds are available. Motion passed on roll call as followsg Ayes: Councilmen Brown, Barnes, Snyder, Mayor Heath Noes.- None Absent: Councilman Towner RELEASE OF $1,000.00 Principal: Malone & Jones Street Excavation Bond APPROVED To authorize the release of Hartford Accident and Indemnity Company Bond No. 3089993 in the amount of $1,000.00. All obligations guaranteed by this bond have been satisfactorily fulfilled, and the staff recommends the release of the bond. Motion by Councilman Snyder, seconded by Councilman Brown, and carried, that authorization be given for the release of Hartford Accident and Indemnity Company Bond No. 3089993 in the amount of $1,000.00 to the Principal, Malone & Jones. DISTRICT A911-61-2 LOCATION: Barranca Street and Accept County of Los Angeles Virginia Avenue. Health Officer's Report and authorize City Engineer to The County of Los Angeles proceed with district. Health Department report dated APPROVED February 10, 1961, is as follows-o SUBJECT.� District A111-61-2 Virginia Avenue and Barranca Street Sanitary Sewer District. RECOMMENDATION: It is respectfully recommended that sanitary �sewers be installed in this district. ANALYSIS: 'This Department has made an investigation of the Virginia Avenue and Barranca Street Sanitary Sewer District, A111-61-2, City of West Covina, as shown on the attached map. During the course of this investigation, 68 house - to -house calls were made. Of this number, 28 occupants were not at home or did not answer the door. Of the 40 property owners or tenants actually contacted, 15 or 37-1/2% reported having exper- ienced trouble with their individual subsurface sewage disposal systems. They complained that the seepage pits filled up C. C. 3-27-61 Page Six DISTRICT A111-61-2 - Continued Report of Health Department - continued: causing raw sewage to back up into the house plumbing fixtures or to overflow onto the surface of the ground. Also, that frequent pumping and cleaning out of the seepage pits was necessary. -Several of the contacts reported that sewage odors were prevalent -in their neighborhood. The soil within the area of this proposed sanitary sewer district ,consists mostly of loam and heavy clay. This type of soil is not conducive to the proper functioning of any type of individual sub- surface sewage disposal system as it has poor leaching qualities. In view of the facts revealed by our survey, I, the undersigned Health Officer of the County of Los Angeles, having been officially designated by the City Council of the City of West Covina to per- form public health services for the City of West Covina do hereby recommend that proceedings be instituted at once for the' construction of sanitary sewers in the Virginia Avenue and Barranca Street .Sanitary Sewer District, A111-61-2, City of West Covina. This recommendation is made as an improvement necessary to the pro- tection of public health and pursuant to the provisions of Section 2808 of the Streets and Highways Code. SIGNED ROY 0. GILBERT, M.D. Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that the staff report be accepted, the County Health Officer's Report be accepted and spread in full upon the Minutes and that the City Engineer be authorized to proceed with the district pursuant to the provisions of Section 2808 of the Streets and Highways Code. RESOLUTION NO. 2o67 The City Clerk presented: Accepting consent to a Grant "A RESOLUTION OF THE CITY COUNCIL of Easement in District OF THE CITY OF WEST COVINA A111-57-3 ACCEPTING A CERTAIN WRITTEN (Southern Counties Gas Co. INSTRUMENT AND DIRECTING THE of California) RECORDATION THEREOF." ADOPTED LOCATION. Lark Ellen Avenue and Stuart Avenue Sewer District. Report and maps delivered to members of Council. The staff recom- mends adoption of the resolution. Mayor Heath-, Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Brown, that ..said resolution be adopted. Motion passed on roll call as follows-, Ayes: Councilmen Brown, Barnes, Snyder, Mayor Heath Noes: None Absent, Councilman Towner Said"Vesolution was given No. 2067. q# 11 C. C. 3727-61 RESOLUTION NO. 2068 A ace pt-ing a Grant of Easement ..for.Sanitary Sewer purposes District A 111-60-2 (Robert A. Goodell and Vedia M. Goodell) ADOPTED Page Seven The City Clerk presented - VA RESOLUTION OF THE CHi COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." (Lot 2, Tract No. 17045) LOCATION.- Hillhaven Drive and Mirian Drive Sewer District RESOLUTION NO. 2o6g Accepting a Grant of Easement for Sanitary Sbwer Purposes -District A111-60-2 (Robert A. Goodell and Ved-ia M. Goodell) 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." (Lot 1, Tract No. 9253) LQCATION.� Hillhaven Drive and Miriam Drive Sewer District. RESOLUTION NO. 2070 The City Clerk presented.o Accepting'a' Grant of Easement "A RESOLUTION OF THE CITY for Sanitary Sewer Purposes COUNCIL OF THE CITY OF WEST District A111-60-2 COVINA ACCEPTING A CERTAIN (Lorraine Clear) WRITTEN INSTRUMENT AND DIRECTING . ADOPTED THE RECORDATION THEREOF." (Lot 3, Tract No. 17045) LOCATIONo- Hillhaven Drive and Miriam Drive Sewer District RESOLUTION NO. 2071 The City Clerk presented: Accepting a Grant of Easement "A RESOLUTION OF THE CITY COUNCIL for Sanitary Sewer Purposes OF THE CITY OF WEST COVINA District A111- 0-2 ACCEPTING A CERTAIN WRITTEN (Lohman Bros. Corp.) INSTRUMENT AND DIRECTING THE ADOPTED RECORDATION THEREOF." (McCarthy Company's Subdivision of Block 1, Hollenbeck Tract, Rancho La Puente) LOCATIONg Hillhaven Drive and Miriam Drive Sewer District. Mayor Heath. - Hearing no objections, we will waive further reading of the body of the resolutions. Motion by Councilman Snyder, seconded by Councilman Barnes, that said resolutions be adopted. Motion passed on roll call as follows-. Ayes: Councilmen Brown, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Towner Said resolutions were given No's 2o68, 2o6q, 2070 and 2071. 1�1 C - C .. 3-27-.-61 SCHEDULED MATTERS BIDS Page Eight PURCHASE OF STREET SWEEPER - Bids were opened by the City BID AWARDED TO DEARTH MACHINERY Clerk on March 23, 1961 at 'COMPANY 10:00 A.M., as advertised and referred to the City Engineer for the recommendation to the City Council at this meeting. The Notice of Publication had been received from the West Covina Tribune on March 9, and 16, 1961 and as a news item in the.Green Sheet on March 14, 1961. The bids received were as follows: A. M. DONAHER & SON, Inc. 10% Bid Bond Elgin.White Wing:III Sweeper $8,507-00 4% sales Tax 340.28 Total $8,947.2U .DEARTH MACHINERY COMPANY $1,500 Bid Bond Wayne Model 1-460 Sweeper $8,645-00 4% Sales Tax . 345.8o $8,990.80 THE CONVEYOR COMPANY 10% Bid Bond Mobil Sweeper Model 1000 $10,800.00 4% sales Tax 432.00 $11,232.0-0 Alternate Bid: Mobil Sweeper Model 2E equipped with auxiliary engine $li,800.00 4% sales Tax 472.00 $12,272.05 Motion by Councilman Brown, seconded by Councilman Snyder, that the award of contract for purchase of a street sweeper be given to A. M. Donaher & Son, Inc. in the amount of $8,847.28 as the lowest responsible bidder. Mayor Heath: Before the roll call is taken - on this, I feel that we should — have further discussion on it. We have a recommendation from the City staff, and 1 think that in the light of the motion,, we should read the entire report. The City Clerk presented and read the report as submitted by the City staff, which indicated economical advantage for the Wayne due to local factory and parts availability, and interchanga- bility of parts. Mayor Heath-, the staff recommendation we are I would like to ask the City Attorney if he feels, in his own mind, that if we follow on safe ground? City Attorney Williams: Yes, the State statute does not apply to this. It is subject to City ordinance, and you can waive those requirements if you see fit even if it isn't the -,lowest responsible bidder, in view of all circumstances presented,.- You can accept the lowest responsible bidder or C. C. 3-27-61 Page Nine PURCHASE OF STREET SWEEPER - Continued City Attorney Williams - Continued: reject"the lowest responsible bidder and take another bid, waiving the requirement of the ordinance that says to take the lowest responsible bid. Councilman Brown-, We have heard nothing but what it costs us to run Wayne sweepers. Why c-all for bids when we throw them out and not accept the low bidder? That is a waste of staff's time and of money, in specifying for these bids if it is going to be closed down to one, so why go to the expense and trouble? Mayor Heath: I think the difference was explained by staff, and I would be prepared to go with their recommendations. Mr. Donaher: We are representatives for the Elgin sweeper, and we are the .lower bidder, meeting the spec- ifications and have taken no exceptions nor deviated from the specifications in any manner. If we can't get the bid under those circumstances, how can we get it? Our being in the low bid position is a rare item, we are usually in a high bid position. However, we came out when the specifications were being drafted and held audience with the City Engineer, Mr. Dosh and Mr. Heath, and when the specifications were being drawn up it was indicated that it was being done so that no matter which machine was purchased, there would be no question of it being able to do the job. However, in the report there is the question of spare parts. We have a warehouse and have had a warehouse in the central Los Angeles District since 1952, 9 years, and it has been adequate to supply all parts. We recently received an order from Santa Monica and Los Angeles City and Los Angeles is demanding and exacting, and they reserved the right to make a survey of the facilities of our warehouse in Los Angeles. They did so and they are satisfied. A little closer, your neighbor Covina has had an Elgin for three years and I am sure they would be very happy to tell you we have been very prompt in furnishing parts, engineering personnel and salesmen. I can cite town after town that has this sweeper, and we would not get, nor keep, their business if we did not have an adequate supply area to service them and if we can't obtain this bid on specifications what would be a reason for our bidding? It was stated that Wayne would be more economical. I would chal- lenge that to this extent, in that it is uncertain to ascertain whether it is or not, not having another type of sweeper, and parts are not interchangeable on 4 and 3 yard. Unless we can put one of our products alongside of it and make a definite demon- stration, you cannot find out, in actuality, which is the best one. Give us the opportunity to put a machine in here and then by your own knowledge you can compile all necessary statistics and the next sweeper purchase that comes around you will then have a basis for information. W is C. C. 3-27-61 PURCHASE OF STREET SWEEPER - Continued :-Mayor Heath: City Manager Aiassag Mr. W. C. Dearth: We are locally within 5 minutes to have any parts stored in your is out at Pomona in the case of Page Ten How interchangeable are these parts? Basically, some of the structure units can be interchanged. I represent the Wayne sweeper. As to interchangeable parts, 80% on 4 and 3 yard are inter- changeable on the thing. of West Covina, and you never have warehouse -whatsoever. The factory a part we do not have. Los Angeles bought 15 of these sweepers last week, and the sweeper costs of West Covina have been very good as to service, because the cost of sweepers here is a lot less than any other City around here. We were called on a rubber conveyor which had 44,000 miles, and we guarantee 10,000, and that is where the cost in the Wayne is a big benefit to the City. We are interested in selling this, but we are also interested in what it cost the City of West Covina., also, Councilman Snyder. - operation cost and ease of ability under consideration. Councilman Brown: Councilman Snyder -,- and opinion of staff here,who feel It is more than just the initial cost of the sweeper. We must take into consideration the to obtain parts, and that is How will we know that until we try another machine? Are you just going to try the other machine at a cost of $8,000.00? We have a report the Wayne is cheaper to run. Councilman Brown: I can't go along with staff in that it was felt we should require bids and then these people come in and bid and then we say Wayne. Why require bids when we appear to say Wayne and be done with it? If there was a considerable difference in the two bids, say $1,000.00 or $1,500.00, or some great difference where the fact of interchangeability could be thrown out the window, then this would come out when bids were obtained. However., as close as it is, there are other factors that should be considered, not only the initial cost but the maintenance. Mayor Heath: We have been made cognizant of the fact there is 80% interchange- ability of parts and that means a lot to us. How much I do not know, maybe a $143.00 or $500.00 or a thousand dollars, but it IL is certainly worth $143.00, and therefore, I feel we were justi- fied in going to bid and getting the relationship of one bid to another and then find out whether it was worthwhile going to the other bid or not. L-1 C. C. 3-27-61 Page Eleven PURCHASE -OF STREET SWEEPER - Continued ..,C.ounci.lman Brown: That may be true, but in our company we bid city after city day after day, and if we ran into this we would quit bidding to that city, and which we have done. I do not think it is fair to have people knock themselves out to do their job, and then throw them over, and we do not know the cost of the Elgin to operate until we use one. You can be fooled along these lines for years unless you try something else, and the only thing we have from the Wayne representative is the operation cost. So far as a new sweeper is concerned, I was opposed to the pur- chase anyway when it is operating only six hours a day. Councilman Barnes: Is there any advantage of the Wayne over the Elgin other then exchange of parts? City Manager Aiassa.- I would say that both sweepers from design and structure are on the same operational design basis. The only difference is that we have two other units bid., which were altogether different types of sweepers. However, if you bring in another sweeper than you presently have, it will require more parts and our mechanic will have to acclimate to servicing an Elgin. Staff presented the opening in their report in indicating that either Wayne or Elgin would be desirable to the City, but they also wanted to make the Council aware of matters as to yard fac- ilities and maintenance which we will all be responsible for, but the over all decision is that you have two low bids with little difference. However, staff feels they have parts interchangeable for the one and that is the reason why this was outlined to you. So fa ' r as the sweepers themselves, both manufacturers stand behind them. Mr. Donaher: You can certainly see, howeverP the futility of coming in here say next year with three Waynes in the City and someone saying we have three Waynes now and should regard the interchangeability of parts. This can develop into a closed door possibility and the impossibility of bidding becomes apparent. City Manager Aiassa: veyor belt had problems in some the single belt units. The only thing I would say is this, I have some reservations on the Elgin in that their con - cities where it would tend to tear However, the principal thing now, and what the staff tried to do for the Council, is to give them the whole problem confronting them. Either machine is acceptable, and both could be considered desirable, but they stated the advantage points of one with the conditions now existing in the yard and also stated other reasons such as close proximity of obtaining parts, proximity of factory, interchangeability of parts, which should never be overlooked. So far as the sweeper itself, I am not too concerned so long as it sweeps streets properly. 46 0 Ll C. C. 3-27-61 PURCHASE OF STREET SWEEPER - Continued � Councilman Snyder-, Page Twelve How much differential should be the factor, five hundred, eight hundred., a thousand? City Manager Aiassa-, I would say eight hundred or a thousand could possibly be a strong argumentative factor. However, I think by calling for bids, and the purpose for the bid, is that it provides a competitive basis. Some cities have a fleet of sweepers and all of a sudden they make a complete change of sweeper model. San Francisco, Los Angeles, New York, have done the.same. We buy one every three or four years and maybe the next purchase will be longer than that. Frankly, I think we are making an issue out of this for something in the area of a little over one hundred dollars, and if staff denied the Elgin completely, then I think you would have a question, but they did not. Wayne or Elgin is desirable to the City. Mayor Heath-. If we follow the recommendation of the staff, we hope we'll have no comments about the machine performing. Councilman Brown: If we eliminate the Elgin, between the second and third bidder there is $2,200.00 difference and you cannot say that the next Wayne bidder won't come back and have it $2,000.00 higher because Elgin won't bid. Mayor Heath. - I wouldn't think much of Elgin as businessmen if they didn't come in again. Councilman Snyder stated he would second the motion of Councilman Brown in that he felt that since the motion had been made a roll call should be taken to indicate the feelings of Council. Motion failed on roll call as follows: Ayes: Councilman Brown Noes- Councilmen Barnes Snyder, Mayor Heath Absent: Councilman Towner Motion by Councilman Snyder, seconded by Councilman Barnes, that the bid of Dearth Machinery Company in the amount of $8,990.80 for a Wayne Model 1-46o Sweeper be accepted and all other bids and bid bonds be returned to the unsuccessful bidders. Motion passed on roll call as follows. - Ayes: Councilmen Barnes, Snyder, Mayor Heath Noes: Councilman Brown Absent: CoUncilman Towner C. C. 3-27-61 Page Thirteen ,.HEARINGS.,. 7-PRECISE PLAN OF DESIGN NO. 257 LOCATION: Southwest corner of ..First Federal Savings and Loan Sunset and Service Avenues, Association of Alhambra between Orange and Sunset APPROVED AS STIPULATED Avenues. Request for AddPtion of Precise Plan of Design approved by the.Planning Commission under their .resolution No. 1007. Item 5 of the Planning Commission recommend- ations appealed by the applicant on February 23, 1961. Hearing held on March 13, 1961 - held over to March 27, 1961. Mayor Heath: The hearing is still open and anyone desiring to present test- imony should rise and be sworn in by the City Clerk. Mr. D. E. Thompson I would make a couple of additional 2550 N. Prospero Drive comments over what was said two West Covina weeks ago. I conferred with the City Manager and'Mr. Dosh regarding this property and this afternoon I learned of this recommendation as stated. Sunset Avenue is a major highway and here, again, the developer is being used as if he were a subdivider putting in a subdivision where he could recapture profits and probably,paying $3,500.00 or $5,000.00 an acre, as compared to the fact our land is $50,000-00 an acre, which is an entirely different set of circumstances. We recognize the problems of West Covina and in development it could be likened to a champagne appetite and a beer pocketbook, with its financial problems, but the idea of business taking over where the City leaves off, because they (City) hasn't got it (finances) is a hardship on the developer. We are giving land to the City at a high expenditure of cost to us and to pave a highway which wouldn't benefit our organization is too much. Staff is objecting to doing anything on Service, saying it will be unfair to the property owners westerly, here again trying to establish a policy in the City, only according to a certain set of circumstances. We.have a bridge problem affecting us greatly. I also understood that the City paved 12 feet each side of the center line, but this happens only in a new street. Service Avenue is a new street which was.put through fairly recently with Civic Center paved, if by County or City I do not know which, but it doesn't preclude the City from paving 12 feet fromb-tz,nter line and us paving rest of Service Avenue. Here, again, the City is asking something wider than is normally in the City and it doesn't benefit us. Business shouldn't bear expense of wide streets because the City wants a wide street. This is one of the reasons there is trouble developing because you saddle business with these things and drive it out of town. The Board of Directors felt we were being unduly penalized in the requests made -of us such as the parking, landscaping, etc., and although I do not necessarily agree in that, I.pointed out this would help us,. and in the long run would benefit us. I still think,this matter of the streets is an undue requirement and is why it was appealed from the decision of the Planning Commission. C. C. 3-27-61 Page Fourteen PRECISE PLAN OF.DESIGN NO. 257 - Continued There being no further testimony presented, the hearing was declared closed. Councilman Brown: I think that each piece has to stand on its own merits in regard to what it will do for the City, what tax and social benefits the City would receive from it, and here I think we are demanding too much. .9 I believe the gravy days are over for the developers and that we are going to have to help the developers to come in in ways that we can and the tax base on this use would be terrific. Councilman Barnes: full report that was presented good. I would like to commend the Engineering Department in ,light of the complete and to Council on this. It was very I do think we owe the developer something on Sunset, but not on Service. I think that Service is a contained street within the development, but I do feel that we should do something to help these people here in that Sunset is a major highway. I would also refer to some of the different tracts that we have done before in the City. We have done some paving in streets of this type. As for drainage, we have done some work so far as that is con- cerned, and I feel the City staff'recommendation was very good. Councilman Snyder.- I feel the arguments are valid for participation on Sunset, but I do not quite see how we can participate on Service Avenue. I think I would go a little further than staff recommendation, as the recommendation is only this much. City Manager Aiassa: Staff only recommended where the present policy provides reasonably, anything else is up to Council. Mayor Heath.o The original plan was the developer do all the paving on Sunset out to the present paving? City Manager Aiassa: Yes, I believe so. Mr. Dosh: That was the formal indication of the Planning Commission. Mayor Heath: I would like to ask Mr. Thompson what he feels would be an equitable solution to this problem considering other operations that have gone on within the City? Mr. Thompson: I do not know. However, I think I disagreed with staff entirely about Sunset by the virtue it is a highway, and as mentioned by Mr. Johnson, there had been money obtained from the County in conjunction with it., C. C. 5-27-61 Page Fifteen PRECISE PLAN OF DESIGN NO. 257 - Continued Mr. Thompson Continued: 4P and some from the Corps of Engineers, and it was our understanding funds were available and we didn't have to pave anything on Sunset. The reason I mentioned about Service was we understood new streets were paved by the City 12 feet each side of center line. 9 If this is going to throw the City a curve on policy, I am going to have to convince the Board of Directors this is a normal request. However, on Sunset, I feel this is the City's responsibility as a miajor highway. Mayor Heath: As I understand it, you could possibly go along with the Service Avenue proposal? Mr. Thompson: Yes, although I am not anxious to give up anything, but if it is a City policy and it would cause property owners to come in and ask for rebates figuring that they didn't get something that we are, I would remove the request relative to Service, but I would hold to Sunset. Councilman Barnes: City Manager Aiassa: Councilman Barnes: I was wondering if they would rough grade it if the City could possibly do the paving on Sidnset through participation? You are now talking about street improvements, not curb? I am not talking about curbs, gutters, or anything of the kind, just paving. Councilman Brown: One thing that happened before Mr. Dosh came to the City, and that was that all of Cameron, from California to Sunset, curbs were put in by the developer and he rough graded it and the City stood the remainder of the expenses. Mayor Heath: In that case, the owner put curbs in on both sides of the street? Councilman Brown: Ken4k-,Il property. I believe or at least their engineers, they put in rough grade curb Kend6ll put in curbs on both paving at center. That's right, and dedicated the property. The property running easterly from the this was done by Adams and Ells, and while we negotiated with them and gutters and the City paved. sides of streets and we put in Curb, gutters and drainage the City participated in one under Sunset with Kendell. How soon do you intend to build? 1C. C. 3-27-61� Page Sixteen PRECISE PLAN OF DESIGN NO. 257 - Continued Mr."'Thompson: Working drawings are now being done and we figure to break ground about June 15. Councilman Brown: You'll be under construction at the same time as the Wash. Mr. Thompson: There was a detour through our business site, but through con- sultations this now misses the building site, but we can't put in curb and gutters here at the beginning or work on the parking lot because of the grade that will be here for the detour. It is holding us up in here, but they hope to be through by September and we won't open to mid - December. Councilman Brown: This inconvenience should have a great bearing on what is done here,, too. Not only is this an inconvenience to this applicant, but if we had to rent or buy a detour it might run more than the $2,500.00 here in paving. Councilman Snyder: We won't pay for the detour? Mr. Dosh: No, we won't have to pay for it. Motion by Councilman Brown, seconded by Councilman Barnes, that Precise Plan of Design No. 257 be approved, subject to the recom- mendations of the Conditions imposed by the Planning Commission .9 other than the developments on Sunset Avenue of which improvements the developer shall put in curb and gutters and dedicate property and the City will put in street paving. Councilman Barnes: Where is money coming from to do this? Mr. Dosh: I think the first of July we can budget it. Councilman Snyder: We are not setting any policy here, this is a special con- sideration? Mayor Heath: I do not know if we are or not. Councilman Snyder: I do not feel that it is a policy. Councilman Barnes: They are giving up several rights and there is a detour which would prevent their building the parking lot at the time of the development which would be better at that time. They are certainly giving up something here. Motion passed on roll call as follows: Ayes: Councilmen Brown, Barnes, Snyder, Mayor Heath Noes: None Absent: CoUncilman Towner C. C-3-27-61 .'ZONE-' CHANGE. NO.. - 17� 4­ City, Initiated HELD OVER TO 4/10/61 Page Seventeen LOCATION: Area within the West Covina Easterly Annexation District No. 165. Planning Commission denied this -request to reclassify from County Zone R-A 40,000 to City Zone Area District III or Area District IV, Resolution No. 1014. Appealed by property owners on March 6, :L961. 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 Mrs. Mary Hammer It was the efforts of myself and 19101 E. Holt Avenue a number of neighbors who signed this petition and who are present to give our views in person that this appeal was made. We are in favor of the area change and we understood it was to be completed shortly after we were annexed to the City. This was last Oc , iober, then it was the holid&ys, and then one thing and another and we have been waiting andwaiting. We feel we would like to be taken out of this state of suspense and.made one or the other, district III or IV. Mr. L. McKenzie I am the owner of Lot 9 in this Inglewood, California area and have been present at all the meetings held when it was decided whether this was to be annexed to the City. As pointed out, at all the meetings it was our understanding, and we were given to understand, that once we were annexed to the City we would automatically be rezoned into district three or four and yet it hasn't happened. We should be aware that it would be very unrealistic to have a 40,000 square foot zoning along a busy highway as it is now and no one is going to build a $100,000 home right alongside a free- way and most of this area is along the freeway and to stay to this 40,000 is unrealistic. The property owners are paying taxes on something that they are unable to do anything about'since nobody wants to buy our land at the 40,000 square feet. . Mr. Cheesebrough Some of the people past and 194 Arroya Avenue present who are so in favor Covina of holding to this 40,000 feet do not realize they have. been living in violation of deed restrictions for years. When this area was first developed, it was developed for two building sites to a lot, which was any- where from 5 to 12 acres. Then it was rezoned breaking deed restrictions, to an acre. That is progress, and we have to . go along with progress. The same thing applies today. The traffic pattern in this new Grand Avenue extension is going to bring most of that traffic down to the Holt interchange and back around Holt and north on Grand and when that traffic hits that arda it is no longer going to be estate property. I would like to join with what has been said in that it was my under- standing through the City Council, several times, that this was going to be rezoned to area three or four and I do not think the Commission realized that when they turned this matter down. C. C. 3-27�61 Page Eighteen ZONE CHANGE NO. 174 - Continued mr. M Lawrence When the annexation move was made 19618 E. Holt Avenue on this the majority of us favored going to 20,000 square foot lots and it was understood that this so was automatic. It was also my impression that the opposition to this present city initiated proposal came from a majority of people living outside of the immediate area of this annexation and to me it would put the Commission, as well as the City Council, in a rather ridiculous position',to have their judgement influenced by people outside of this particular area ... .you might say a non -interested group. Mayor Heath� For point of clarification, in our annexation ordinance it states that "as soon as pract- icable after the annexation is finaliged the zoning and area district should be placed on the area as near to what it was before it came into the City." This is in the ordinance. I bring this out now because a number of -people are mentioning it in testimony. Mr. Lawrence-. I do not state from a technical viewpoint, as I have not read the ordinance, but I state from what I can remember of what the Council said and I particularly remember Councilman Brown stating, in the asking of the question that if we were annexed what zoning would we go into, we would go to Area three or f our. Mrs. Helfrick: I was at the meeting when the 0 annexation went through and it was definitely said at the time that it would automatically go into the City under City ordinance which was 20,000 square feet. So far as deed restrictions spoken of by Mr. Cheesebrough, the deed restriction of 40,000 square feet expired in 1960, so we are not working under that restriction now, IN OPPOSITION Mr. F. E. McDonald At the previous meeting before 19228 E. Holt Avenue the Commission, Mr. Joseph presented as a recommendation either three or four. I am wondering why it was listed as III or IV which Is one-third or one-half acre. The record in the City is that all land east of Barranca is IV, which is a half -acre, and I do not know where III came into it. Is it going to be third or a half acre? The group of people who own an acre, and who I represent, do not want less than an acre in here and I, nor a number of other people, do not want somebody's house in our backyards. If this takes -place as long as I live there I can have my horses, but if I move or sell then the people would not be able to enjoy that space because they would not be able to enjoy the original privilege I had. �.Zoning is placed on use of raw land, compatibility with existing zoning in use or to satisfy somebody who wants to change their zone. The people who signed this petition maybe do not like horses, but most of them can benefit very little with a change of zone. It boils down with allowing people with more land to use that land, and if the change takes place--it.affects the other people who already have additional land. C. C. 3-27-61,. Page Nineteen ZONE CHANGE NO. 174 Continued 'Mr. F. E. McDonald Continued. - With further study, perhaps 30,000 square feet might be in order. There was the remark of people outside the area speaking against this but they have that right if they would be affected. There are very few houses being built in this area in,the last six years so why is there any hurry to change from 40,000 to anything less? This is the first annexation of the Covina Highlands area and there is another afoot contiguous to this, and I do not believe a sudden change to much less than 40,000 will look good to the rest of the people. This is the forerunner of future annexations and is setting a pattern for future annexations in here. IN REBUTTAL Mrs. Hamme r: I would like to call to Mr. McDonald's attention that I live in a house on his side of the street, so does Mr. Lorenzo, Mr. Steiner, and many others who have signed this petition for this change. It is only a minority of the people who live at the corner who are opposed, who want no part of West Covina and wouldn't be caught dead in West Covina and are so angry that a vote put them into the City and that they are forced to live in the City. I do not think we should consider what will happen in the future to the Highlands, they aren't in West Covina., we are in West Covina. Mrs. Helfrick-o I do not think a zone change at this time would change restrictions on keeping horses. It was stated there have been only a few houses gone up in the last six years, and I do not doubt it because of the freeway noise, and I do not see how anyone would buy an acre to put estate homes here. I do not live in the area, but I am a property owner and I am sick and tired of people telling me that because I live outside the area I should have nothing to say about it. I pay taxes so I have something to say about it. I have area right near the freeway and I have a substantial investment and when this is only an acre I am stuck with it because no one in their right mind, with City moving closer to the area and more population coming in, is going to build an estate home on a major freeway. Those adjacent to the freeway should have some consideration whether they live there or not. Mr. Cheesebrough: You people are all familiar with the houses along Ordgon Avenue and all are substant- ially less than one acre, maybe a half, maybe a third. But houses on Cortez are developed to a half acre and are show places and people take care of their yards. If you would compare those homes that are in that area of a half acre or less and how they are kept up while those on the acre the front is mowed and loyely, but I 'would hate to have you look in the backyards. Take that into consideration. C. C. 3-27-.6it Page Twenty iZONE CHANGE NO. 174 Continued The Covina Highlands Civic Association has been the "nigger in the woodpile" for a long time with always some kind of "gimmick" during the last few years, such as incorporation and what not. Most of the people in the .annexed area., which we are talking about and concerned about, as 'well as the City., have enough problems without worrying about the .Covina Highlands too closely, and it is unfair to ignore the right of the.people in this annexed area in favor of horses and what not, There being no further testimony, the hearing was.declared closed. Councilman Brown-, I would point out one thing. At the time that -Annexation No. 165 came before the Council for the first time as an annexation, I was Mayor and pointed out.to the Council that certain property,owners had voted annexation' to the City for select zoning or commercial zoning. At that time it was turned down and I pointed out if it came into the City the best zoning would be Area IV which would have been automatic under the ordinance the time it was first submitted. I feel the majority of this Council owes Area IV to these people because it was pointed out that if it went through it would be in Area IV and the vote of the people, I am sure, was based on that thought. At the time it first came up, it was pointed out to Council that there was concern that there w6uld be asked for, here, highest zoning rather than residential, and it was pointed out the best they could get was Area IV and that it would come into the City automatically under that zoning at that time. Councilman Barnes-, I agree with Councilman Brown ,in this. I feel that it should be at least Area IV, but I can't see the urgency at this time, unless there is some application for a zone change which might change this, because the City is now going through a study, through Mr. Eisner, of the whole City and there is a possibility that some of the area here, which is quite hilly, we might like to determine as Area V which would be more than 20,000 square feet. I feel as Councilman Brown does in that as it comes into the City it should be all treated as Area IV not area.III. However, I believe a statement was made at the night of the annexation, when several people were interested as to whether they could have their lots as they were and have their horses, they were told if they desired to keep their lots as is and have horses nothing was wrong with it, and this could be done, and I feel nothing is wrong with it,.and this is the impression given to these people, and perhaps we should continue this way. Councilman Snyder.- All of you have a better back- ground on this than I do, but from what I can g4ther from past Minutes and testimony here tonight, the general feeling of the people is that this would be Area IV or remain as it was. I can't add to statements made except that. C. C. 3-27-61. Page Twenty-one ZONE CHANGE No. 174 - Continued Councilman Snyder - Continued: However, there is a possibility we will develop this as Area V, or it may be developed in that way, which may be more suitable to this 1P particular annexation if we can wait. Mayor Heathz I think it has been said a number of times, and rightly so, that it was made clear at the time of annexation, and the discussion before and after it became final, that if the area was brought into the City it would be brought in under the nearest area classification as it was in the County. As this would.be our highest area now, it would be Area IV., which is 20,000 square feet minimum. In the County this was zoned as A-1 40,000 which is a large piece of property. I agree'this area has developed as estate type homes, although I am sure there were no commitments made at the time indications were it would remain as is, horses being permitted, etc. I agree with Councilman Snyder that unless there is definitely some urgency of placing an area district on this area, we should perhaps wait until an Area V is developed and at that time we should have a report, also, from Mr. Eisner who is making a study of the whole City including a half mile beyond the City and see what he comes up with. I feel it was intended at the time of annexation that these large lots remain and the people be permitted to have horses and continue to live in the manner that they have been living, and I do not think there was intention to go to a subdivision or to split to smaller lots. However, if the study of the master plan comes back with a recom- mendation of smaller lots, we should take a second look, possibly. I would make it clear that the final say is still with Council, and if the consultant comes back with a recommendation that this area district be changed, if the reasons do not seem valid in the minds of Council,, we do not have to accept that part of the recommendation. Councilman Snyder: However, in the study of the master plan, these people would have the right to be heard, those who have property. Councilman Brown.- When this 165 first came before Council, it was pointed out to me., acting as Mayor, by you (Mr. Heath) that I was too rough on some of the applicants in stating they would be only getting Area TV, and at a study session also. I think Council is morally obligated to give Area IV tonight for three reasonso- 1) There was a commitment made by the majority of Council it would be Area IV. 2) We are trying for annexations to the City and if people that want to annex to the City can't rely on Council you will never get annexations into the City. 3')- There is a moral obligation to give this,district to them. C. C. 3-27-61: ,ZONE CHANGE.NO. 174 - Continued -Gounailman Barnes: Page Twenty-two You wouldn't give Area III as indicated? Councilman Brown: Area IV only indicated as a 4 0 commitment by Council. 0 Councilman Snyder: Councilman Brown: That isn't in the Minutes, so I see no moral commitment or obligation. Mrs. Helfrick, do you remember the night of the first meeting on this? Mrs-. Helfrick: I do not remember dates, but I do remember the particular dis- cussion and it was you, Mr. Brown, after the motion was made, that particularly added in the motion the 20,000 square feet, you particularly said that. Councilman Brown. - being sought for at that time. Mrs. Helfrick-, Councilman Snyder: I went to bat about that because I was afraid of com- mercial or apartment zoning You had it set in the record. I do not deny this, but I would like to holo-.it over to further study the Minutes. Mayor Heath: Councilman Snyder has been on Council for just a year, and I think he has the right to have full knowledge in front of him to make a good decision, and I do not think that anyone in the audience can expect him to vote on something that is almost completely new to him. I think we would speak the same for Councilman Towner, who is absent tonight. We realize you do not like the delay, but we need a fair decision on this case and if you desire Councilman'Snyder's vote, he should have more knowledge of this. It possibly would not even harm to have the rest of Council refresh their memories of this. Motion by Councilman Snyder, seconded by Councilman Barnes, that this matter be held over to next regular meeting for further study. Councilman Barnes: I think these people are due the area in which they were promised they could come into the City of West Covina. However, in all due respect to Council- man Snyder, I would second his motion to hold this for two weeks to give this further study. Councilman Brown: I believe you will find these Minutes sometime after May, 1959, and prior to July 1959. C. C. 3-27-61- Page Twenty-three ZONE CHANGE NO.. 174 - Continued Mr.*McDonald: This was appealed by the resi- dents on denial by the Planning Commission. The technical dis- cussion so far as the Commission was conperned, lasted about three minutes, and I believe they were going to study it further, and now we will not get much information from the Commission if Council .decides tonight. We would question why Area III was brought in so there is need to study along the lines of what the Commission had to say. Mrs. Hammer: The Commission had been up and down our street to survey the property, and the reason they came up with Area III was because it was all flat land, that is the reason for III. It was said that some area might be unfeasible because of being hilly, so it should be a half acre or even larger but in our area it is all flat gVound. When the City annexed us it was indicated the remainder was unfeas- ible to take another area into the City with one house to an acre because the cost was too much to maintain as to roads and services the City would have to provide with one house to anacre. Councilman Brown.- At the time this annexation first came up, it was 1959 where it came in under Area IV before the change in ordinance. Councilman Snyder: We obviously have to decide on what is best for the City as a whole, but it is not all de- cided on technical factors, but also what the people in the area want. Is there any mechanism by which we can poll them? Mayor Heath-.- You ha.ve the petiti on City Clerk Flotten: The petition is dated March 4, 1961, and it is indicated therein that the vote was 33 to 19 for annexation and those who believe the zone change neces- sary and desirable. There are fifteen owners, thirty signatures. Mayor Heath: I feel somewhat as Councilman Brown does in that these people deserve an answer. I also feel there was a commitment made and if so we should live up to it. Councilman Snyder: I am notl by the slightest stretch of the imagination, indicating any unwillingness to live up to any commitments that might have been made on this matter, but I see no harm in waiting two weeks to give me more time to study this. Motion failed on roll call by tie vote as follows: Ayes: Councilmen Barnes, Snyder �Noes: CouncilmOn Brown, Mayor Heath Absent: Councilman Towner 0 C. C. 3-27-61 Page Twenty-four ZONE CHANGE NO. 174 - Continued -Motion by Councilman Brown, seconded by Councilman Barnes, that area within the West Covina Easterly Annexation District No. 165 �be zoned Area District IV, 20,000 square feet. Councilman Barnes-, I would clarify my second on �-this motion by stating that the only reason I seconded the previous motion was to give Councilman Snyder an opportunity to restudy previous Minutes. Councilman Brown: I agree about the study by Councilman Snyder, but he was not a member of the Council when the commitment was made to the people living in Annexation No. 165 who, I feel, we are morally obligated to give this to. Mayor Heath: On the other hand, we are missing Councilman Towner who was on the Commission at the time and who.made recommendation to us. Councilman Snyder: We are overlooking the fact that ' the Commission who is our technical advisor, indicated possibly the need of further study on this. Councilman Barnes: If it was decided in the study that this area should be dif- ferent than Area IV could we change the zone to Area V in hilly areas, upgrading these prop- erties in future hearings? City Attorney Williams: Yes, by following the same procedure as you are following now you can change any district up or down. Mayor Heath: It is inconvenient for these .people to come back afterward when a commitment has been made to them, but I still think it is the obligation and respon- sibility of every member of Council to voice their opinion at this time. I am afraid I am going to reconsider my previous vote to permit Councilman Snyder to study this further', and Councilman Towner was a member of the Planning Commission at that time and has knowledge of what went on before. This might seem contra- dictory to vote no again, but I would go back to the original vote and change my stand. Motion failed on roll call due to tie vote as follows: Ayes: Councilmen Brown, Barnes Noes: Councilman Snyder, Mayor Heath Absent: Councilman Towner Councilman Snyder: I am convinced most of the people want Area IV, but I do not think we have a study complete as yet, and I do not see waiting a couple of weeks will hurt this. . I C C - 3.-27-61 Page Twenty-five ZONE�CHANGE NO. 174 Continued ..Councilman Brown: There's no use to drag this out any further tonight. Motion by Councilman Brown, second I ed by Councilman Barnes that Zone Change No. 174 be held to the next regular meeting and final decision shall be rendered at that time. Motion passed on roll call as follows.- Ayes.- Councilmen Brown, Barnes, Snyder, Mayor Heath Noesg None Absent-. Councilman Towner Mayor Heath-. Can we re -open this hearing at that time? City Attorney Williams: You have closed the hearing and if anyone has left before this time, you can't re -open it unless you repost the matter. SANITARY SEWER DISTRICT The hearing of protest and/or A111-59-1 objections to forming a 1911 Act Assessment District to cover the installation of Sanitary Sewers in the Merced Avenue and Willow Avenue Sewer District. Set for hearing this date by Resolution of Intention No. 2050 and passed by the City Council at their special meeting of March 6, 1961., Mayor Heath-o This is the time and place for hearing protests or ob- jections against the improve- ment of Merced Avenue and Willow Avenue and other streets in the City of West Covina as described in Resolution of Intention No. 2050. Mr. City Clerk, -do you have the affidavits of Publication, Posting and Mailing relative to this hearing? City Clerk Flotten.- I have the affidavits. Mayor Heath: I will entertain a motion to receive and file the affi- davits. Motion by Councilman Barnes, seconded by Councilman Brown, and carried, that the affidavits be received and filed. Mr. Rosetti read the assessment spread based on assessment cost. Mayor Heath: Mr. City Clerk, were there any written protests or objections against the proposed improve- ment? City Clerk Flotten-. We have received one dated March 22, 1961, from Robert J. Lueck, and is relative to owner of -'corner lot having choice to which side he can hook on to without-paying-c'o-st of both sides of corner. 0 Ll C. C. 3-27-61 Page Twenty-six SANITARY SEWER DISTRICT A'11-59-1 - Continued Mr. Rosetti-, We have checked into this protest and find in this particular lot corner lot is 86 feet across the front and 235 feet in depth. We have made a tentative study, but presume when we make final study he will get benefit from rear of lot because across the street is the same kind of lot which has been divided and there is another house on it. He will receive frontage, but not 235 feet on side, which is.minimum benefit on that area. In any areas when we make adjustment of that type where there isn't a lateral to the rear area, we give him credit for that lateral if he wants one. Councilman Barnes. - Mr. Rosetti.- the owner should see to the Councilman Barnes-0 Mayor Heath. - Mr. Gilmore 1107 Delhaven Mr. Dosho, He can have a lateral or get credit. The Engineering Department can contact him to see if he wants it or not, although usually information. I think he should be notified, because many times they do not realize these things. Is there anyone in the audience who desires to protest this matter? I have property behind the VFW and there is no access from this to Merced. He can be served from Ardilla and would not use.Merced Avenue. Ardilla is completed. Mr. Rosetti: He should have been left out of the district, but I will make the recommendation that Assess- ment No. 33 receive no assessment, remain in district, but not be assessed for anything in this district. Motion by Councilman Snyder, seconded by Councilman Brown, and carried, that the hearing of protests or objections on A111-59-1 be closed. Motion by Councilman Brown, seconded by Councilman Barnes, that the protests be overruled. RESOLUTION NO. 2072 The City Attorney presented - Ordering work to be done "A RESOLUTION OF THE CITY .in A111-59-1 COUNCIL OF THE CITY OF WEST ADOPTED COVINA ORDERING WORK TO BE DONE ON MERCED AVENUE -WILLOW AVENUE SEWER DISTRICT, IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 2050" (A'11-59-1) 0 11 C. C. 3-27,.61 .RESOLUTION NO. 2072 - Continued 'Mayor Heath. - Page Twenty-seven Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Brown, seconded by Councilman Snyder, that -said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Barnes, Snyder, Mayor Heath Noes-, None Absent: Councilman Towner Said resolution was given No. 2072. PLANNING COMMISSION RESOLUTION FINAL MAP - Metes and Bounds Subdivision No. 135-175 - Builders CO-OP of Southern California LOCATION.,, North end of Ardilla Street, west of Willow, south of Merced Avenue. Approve final map of Metes and Bounds Subdivision No. 135-175 and accept bond for street, storm drainage and sanitary sewer improve- ments. RESOLUTION Opening 1 foot lot - Metes and Bounds Subdivision No. 135-175 LOCATION: North end of Ardilla Street in Tract No. 16431. Open I foot lot No. 125 in Tract No. 16431 for street and highway purposes to be known as Ardilla Street for access to Metes and Bounds Subdivision No. 135-175. The City Clerk requested that the above two items be deleted at this time since all the information necessary has not been ob- tained in order to take action upon them. METES AND BOUNDS SUBDIVISION LOCATION: Northerly extension' NO. 135-175 of Ardilla Avenue, southerly Builde�rs Co-op of Southern of Merced Avenue. California HELD OVER 0.883 Acres 4 Lots - Area District I Approval recommended by the Planning Commission on March 15, 1961. Mr. Gilmore of 1107 Delhaven requested no action be taken on this Metes and Bounds Subdivision. City Clerk Flotten questioned as to whether the request of the owner can be granted in that the Agenda shows the Builders Co-op of Southern California as presenting the tentative map? . C. C_3-27-61. Page Twenty-eight AND BOUNDS,SUBDIVISION NO. 135-175 - Continued City Attorney Williams questioned as to what connection this had with -Mr. Gilmore. Mr. Gilmore: They were a buyer in escrow. 40 They have not completed escrow and I have given cancellation notice on it, but have not received their signature, which is probably why they haven't completed the bond. Four years ago Council adopted a precise plan and there have been several things that have occurred between times. My wishes are it be left as it is now, I can't build on it, and if I were to apply for a precise plan for subdivision, I would reinstate it as the one approved in.1957. City Attorney Williams.- This man would appear to be the record owner of this and the man who owns the property has the right to condition subdivision of his property. Mr. Gilmore: through, which evidently were not, carried through. I signed the map this morning on the basis of the bond requirements being carried and neither was the escrow Motion -by Councilman Brown, seconded by Councilman Barnes, and carried, that the two resolutions and the tentative map of Metes and Bounds Subdivision No. 135-175 be held over. REVIEW OF PLANNING COMMISSION ACTION OF MARCH 15, 1961 Precise Plan No. 111, Rev. 3- Hart, O'Hara and Kelso - Approved Unclassified Use Permit No. 53 - Shoe Corporation of America - Decision appealed. Set for hearing before Council on April 19, 1961. The City Clerk indicated that a further appeal request had been received this evening, by person, not mail, but that he believed the 10 day appeal period was passed and could not be set for hearing on April 10. The City Attorney indicated that the appeal period had been passed relative to this second request. Zone Change No. 179 ) Richard M. Unclassified Use Permit No. 54) and Precise Plan of Design No. 264) Barbara J. Kline Planning Commission decision appealed. 10, 1961, before the Council. -.RECREATION AND PARKS Hearing set for April Actions taken at meeting of Recre4tion and Parks Commission of March 23, 1961. 1 C. C..3-27-61 Page Twenty-nine RECREATION AND PARKS - Continued Motion requested the Council to make an immediate and decisive action on the recommendation to develop a permanent football field in Cortez Park. 4DMatter discussed under City Manager's Reports. A motion requesting the Council to authorize the preparation of a resolution officially designating the Orange -Merced park site as that name selected by the Judges in the "Name the Park Contest.11 A note indicated that since the name selected is to be kept a secret until official announcement is revealed to the winner, it is hoped that the resolution can be adopted without becoming public information until the proper time. However, it was indicated Ahat the resolution could not be drawn up and heard until after the award has been given due to the fact that upon the adoption of a resolution it then becomes a matter of public record and cannot be kept secret. It was consensus the resolution be drawn up after the award is made known. CITY MANAGER REPORTS SPECIAL INVESTIGATING OFFICER City Manager Aiassa: Council JOB CLASSIFICATION has received copies relative to this matter at the last meeting, and -the reason for ,these changes is that Mr. Stanford does appear in Court on the City's behalf for the Planning Department and also for the License Department. The amendments require Council action and by adopting this resolution we will clear the problem. Mayor Heath: Why do we need this resolution? City Manager Aiassa: Mr. Williams discussed this with Mr. Stanford and Mr. Cowen and perhaps he can outline it. City Attorney Williams: Mr. Stanford has been filing complaints in Court and signing them himself. He has also been investigating matters other than those pertaining to business license and planning matters. If these other investigations are not listed in his duties and he files a complaint against some- body, say for a dog bite, he may be subject to false arrest on action not within the scope of his duties. He wants his duties broadened to state he is acting as a policing officer in the interests of the City, and that is the reason for the job class- ification and for the resolution. I 40 C. C. 3-27-61 RESOLUTION NO. 2073 AmendingResolution No. 1277 by adding certain class ADOPTED Mayor Heath: Page Thirty The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 1277 BY ADDING CERTAIN CLASS SPEC- IFICATIONS. Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Brown, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as followso- Ayes: Councilmen Brown, Barnes,.Snyder, Mayor Heath Noes: None Absent: Councilman Towner Said resolution was given No. 2073. FOOTBALL FIELD, CORTEZ PARK APPROVED This was instigated�krom the matter of Pop Warner Football when Mr. Hallmark was repre- sented in the Council meetings. We have reviewed the recommendation for place and method of pre- paring this football field and the recent Recreation and Park Com- mission meeting motion indicates that the Council is requested to take action on Cortez Park as the site for a permanent football field. We have also a memo from the Park Director suggesting the possible source of funds from their budget for financing the work at Cortez Park in the approximate amount of $300-00. Motion by Councilman Brown, seconded by Councilman Barnes, that authorization be given for the expenditure of $300.00 for the grading of Cortez Park to accommodate a permanent football field and that the City Manager be authorized to transfer the necessary funds to do so. Motion passed on roll call as follows: Ayes: Councilmen Brown, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Towner Councilman Snyder stated that he d�d not think that this is the best site for this football field, even though he voted in favor. Councilman Barnes: Will this work be done by an outside firm or City forces? City Manager Aiassa: I would rather have an outside firm. CIVIC CENTER FILL Motion by Councilman Brown ' seconded by Councilman Barnes, and carried, that the City Manager be directed to obtain what fill is available or neces- sary to place on Civic Center site area providing it does not interfere with present lease on the property. 0 1] C. C..3-27-61 . .,.,,,,,.C-TVIC CENTER FILL - Continued Page Thirty-one There was discussion on this in that the present crop planted in the area would be out by June 15, although the fill would possibly -have to,be placed in there before that time. Councilman Brown indicate ' d that although he did not believe it could be done until the crop is removed, it might be more economical, since the fill dirt is free, to pay the party involved for his crop. Mr. Aiassa indicated he would further investigate this matter. REQUEST OF MR. HAROLD 2148 Thackery Street, Tract A. MATHIESON No. 20048, Lot No. 16. Mr. Mathieson's driveway opens onto the corner of a busy intersection, Thackery and Hollenbeck, with numerous occasions of near accidents when backing cars into the street. Request permission to move the driveway to the rear of hia­'lot., which is on the Hollenbeck side of his home with a turnaround provided if this is permitted on the Hollenbeck side. A staff report indicated that these apcess rights be granted in accordance to the considerations indicated in the report and a resolution be drawn up and presented to the Council at their next meeting granting the access rights which were denied this'property by the recordation of the map which was approved by the Council in April 13, 1955. Councilman Brown stated he would go with the recommendation of the staff in that any driveway with a turnaround has an advantage over backing.into a street. Motion by Councilman Brown, seconded by Councilman Snyder, and carried., that the City Attorney be directed to draw up the nec- essary resolution to permit Mr. Mathieson to have access, ingress and egress, from Hollenbeck Avenue and closing off -the one access on Thackery in accordance with the considerations indicated in staff report. . CITY ATTORNEY "INTRODUCTION The City Attorney presentedo- An ordinance regarding license "AN ORDINANCE OF THE CITY COUNCIL fees for laundromats OF THE CITY OF WEST COVINA AMENDING SECTION NO. 6235-15 OF THE WEST COVINA MUNICIPAL CODE." Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that further reading of the body of the ordinance be waived. Motion by Councilman Brown, seconded by CoAncilman Barnes, and carried, that the ordinance be introduced.' ORDINANCE NO. 697 An -ordinance to rezone certain premises ADOPTED The City Attorney presented - "AN ORDINANCE OF THE CITY C6UNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE 30 AS TO REZONE CERTAIN PREMISES." (Sugar) Ll 0 Ll C. C. 3-27-61 ORDINANCE NO. 697 - Continued Page Thirty-two Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that further reading of the body of the ordinance be waived. Motion by Councilman Barnes, seconded by Councilman Snyder, that said ordinance be adopted. Motion passed on roll call as follows: Ayes-. Councilmen Brown, Barnes, Snyder, Mayor Heath Noes: None Absent-, Councilman Towner Said ordinance was given No. 697. FIREWORKS ORDINANCE The City Attorney was instructed AMENDMENT to proceed to draw up the amend- ment to the fireworks ordinance regulating the -sale, to be presented at the next regular meeting. CITY CLERK PROCLAIMING "PUBLIC SCHOOLS WEEK" Request of Grand Lodge of Masons of California. April 23 through 29, 1961� Mayor Heath proclaimed April 23 through 29, 1961, as "Public Schools Week." REQUEST TO SELL POPPIES APPROVED Veterans of Foreign Warit May 26 and 27, 1961. Motion by Councilman Brown, seconded by Councilman Barnes, and .carried, that the request of the Veterans of Foreign Wars to sell poppies be approved. REQUESTOF VINCENT SCHOOL P.T.A. APPROVED To conduct carnival on school grounds on April 15, 1961. Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the request of the Vincent School P.T.A. be approved, subject to the City Safety Committee approval. REQUEST TO CONDUCT Eastland Businessmen's SIDEWALK SALE Association APPROVED In Mall and sidewalks adjacent to Eastland Stores - April 15, 1961. Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the request of Eastland Businessmen's Association for a sidewalk sale be approved, subject to City Safety Committee approval. 0 C,. C. 3-27-61 REQUEST OF FIRST CHURCH OF CHRIST., SCIENTIST WEST COVINA during church services. Page Thirty-three Church is now using location of 222 S. Glendora Avenue instead of 226 S. Glendora Avenue for overflow of Sunday School and Children's Room Request to renew zone variance at 210 S. Glendora expiring July 1 and extension of temporary permit to use location at 222 S. Glendora which permit expires on 226 S. Glendora on July 1, also. City Attorney Williams indicated that if there is provision within the variance itself for administrative extension, there is no need to refile. CLAIM FOR DAMAGES Mrs. Naomi Jones of 922 S. Mrs. Naomi Jones Fircroft Street, West Covina, Motion by Councilman Snyder, seconded by Councilman Brown... and carried, that this matter be referred to the insurance carrier and that they should advise Council what necessary steps should be taken. PROCLAMATIONS April as "Cancer Month" Saturday, April 15th, "Cancer Sabbath" Sunday, April 16th, "Cancer Sunday" Monday, April 17th, "Residence Memorial Crusade Day" The Mayor.proclaimed the above specified month and days as indicated. REQUEST FOR AUCTION SALE .. APPROVED March 29, 1961 - Hardware inventory West Covina Hardware of 1019 S. Glendora Avenue Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that permission for an auction sale be granted as indicated,, subject to the purchase of the proper license. CARNIVAL AT PARKING LOT - Request of West Covina Plaza WEST COVINA PLAZA Merchants Association APPROVED April 5 to 9, 1961. Motion by Councilman Snyder, seconded by Councilman Brown, and carried, that the request of the West Covina Plaza Merchants Association be approved, subject to City Safety Committee.approv.al. It was indicated by the City Clerk that this request had not actually been submitted in the proper amount of time to be prp'sented before the CouncilY and that this had happened before desp�t6 the fact there had been proper advisement given relative to the tim'e'limitation to fill such requests. It was indicated by Council that if such a request -comes in again later than is properly indicated., the parties shall be -advised that the request will not be processed. 0 0 0__� C. C. 3-27-61 REQUEST FOR ZONING MAP ATINO COST DENIED amount of $3.00, who are making a not be waived. Page Thirty-four Upper San Gabriel Valley Municipal Water Distr(Lbt It was indicated there was a cost on these maps in the and since this is to be used by paid consultants survey for the water district, the fee should POINT OF INFORMATION MASONRY WALL T�'ME EXTENSION GRANTED Card of acknowledgement from Mrs. Helen Jackson Lovett property - llOtL-1105 Wescove Place . Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that the non -conforming use relative to this property be extended to April 1OR 1961. A report will be presented on April,10 regarding this matter. There was discussion on this area being in escrow and Mr. Lovett still being financially unfit to place this masonry wall here, There was indication from Councilman Brown that if there is a possible sale it possibly should be suggested that this will be indicated as part of the sale. ASSEMBLY BILLS A. B. No. 1214 City initiated annexations - Defeated ACA 25 Removed from file, not reset for hearing. Councilman Barnes indicated that he felt there should be interest sustained relative to ACA 25 so as to see what will come about in this particular matter. RELEASE OF CLAIM FROM ACCIDENT Motion by Councilman Brown, DAMAGING CITY PROPERTY seconded bv Council an Rn1TdA-" that the Mayor and City Clerk be authorized to sign a release of City's claim for damage to City -property (Azusa Avenue bridge) in'the amount of $68.62. Motion passed on roll call as follows-. Ayes: Councilmen Brown, Barnes, Snyder, Mayor Heath Noes. None Absent: Councilman Towner NATIONAL LIBRARY WEEK The Mayor proclaimed April 16 to 25, 1961 as "National Library Week." L-1 L1- C. C. 3-27-61 NATIONAL ASSOCIATION OF ACCOUNTANTS WEEK MAYOR'S REPORTS Page ThirV-five The Mayor proclaimed the week of April 11 to 14, 1961 as "National Association of Accountants Week." Mayor Heath stated that the Boa0d of Supervisors are requesting a stand on the Municipal Judge District and he felt there should be a study and report presented so any necessary stand can be made at the next.meeting. Councilman Barnes indicated agreement and requested that the City Manager accumulate all information possible so as to have it before Council in study session. Councilman Brown indicated that the viewpoints of,'the Citrus Muni- cipal Court should also be obtained, if possible. The matter of the American Municipal Association was referred back to the City Manager for possible further report and investigation. TREASURER'S REPORT Motion by Councilman Snyder, February, 1961 seconded by Councilman Barnes, and carried, that the Treasurer's Report for February, 1961 be accepted and filed for the record. DEMANDS APPROVED Motion by Councilman Snyder, seconded by Councilman Brown, that Demands in the amount of $207,281.42 as,shown on Demand Sheets C-253, C-254 and B-73 be approved. This to include fund transfers in the amount of $162,597.86. Motion passed on roll call as followso- Ayes-, Councilmen Brown, Barnes, Snyder, Mayor Heath Noes: None Absent: \.Councilman Towner There being no further business, motion by Councilman Brown, seconded by Councilman Barnes, land carried, that the meeting be adjourned at llgl5 P. M. ATTEST: City Clerk APPROVED__� Mayor