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04-24-1961 - Regular Meeting - Minutes*1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA April 24, 1961 The meeting was called to order by Mayor Heath at 7040 P. M. in 'the West Covina City Hall. The Pledge of Allegiance was led by Councilman Towner with the invocation given by the Rev. Thomas _L. Thomasma of the West Covina Reformed Church. ROLL CALL Present.-: Mayor Heath, Councilmen Brown, Towner, Barnes, Snyder Other 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 APPROVAL OF MINUTES April 10, 1961 - Motion by Councilman Towner, seconded by Councilman Brown, and carried, that the Minutes of April 10, 1961 be approved as submitted. CITY"°CLERK'S REPORTS RESOLUTION NO. 2084 Accepting a bond for curb, gutter and sidewalks 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 ON PRECISE PLAN NO. 126 IN SAID CITY." (Precise.Plan No. 126 - A. G. & H Investments, John W. Geiger, Dudley J. Geiger, Jr., Samuel Rosen - DBA La Ronde Apartments.) The precise plan was approved by Council under their Resolution No. 1664. LOCATION„ South side of Garvey Avenue, between Azusa Avenue and Hollenbeck Street. To accept Royal Exchange Assurance Bond No. 301563 in the amount of $1,800.00 for curb, gutter and sidewalks. Staff recommends approval. Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. C. c.. 4-24-61 Page Two .RESOLUTION NO. 2084 - Continued -Motion by Councilman Barnes, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows-0 Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent.- None Said resolution was given No. 2084. Prior to the roll call, Mayor Heath questioned the drainage on this property relative to sewer, a question asked on this matter at a previous time, and the City Clerk stated that the precise plan had been amended and the Council had approved the amended precise plan regarding this matter. .-------PROJECT NO. C-132 LOCATION- Service Avenue, 0 of Contract east of California Avenue. (jasper N. Haley) For the lowering of a portion of Service Avenue in connection with the development of Metes and Bounds Subdivision No.. 135-166 amount $1,845.20. Estimate. $2,000.00. Council has received copies of the report and recommendation. In the report of the City Engineer, it' was indicated that on February 14, 1961, the City Council approved the Plans and Spec- ifications for said project and authorized the City Engineer to call for bids. The firms of Crowell & Larson, William Kirkland and Jasper N. Haley were contacted relative to submitting bids for said project. The bids were summarized in the report and the totAls from each bidder were as�followsg I Crowell & Larson $2,543.00 Ja!sper N. Haley 1,845.20 William Kirkland 2.,186.00 The low bid was 11.33% below the City Engineer's estimate which was, as shown in the report, $2,081.00. The average bid was $2,191.40, and the average bid was 5.30% above the City Engineer's estimate. It. -,-was noted that at the time the project was submitted to the council, it was anticipated that a low bid would be received from the contractor constructing improvements for adjacent Metes and Bounds No. 135-166, who was Crowell & Larson. However, Crowell and Larson did not give the City the low bid and they, therefore, cannot be recommended for the award of this contract. However, no conflict is anticipated between the construction of I improve- ments for the Metes and Bounds No. 135-166 and said project, and it is, therefore, recommended that the contract for this project be awarded to Jasper N. Haley on the basis of his low bid in the amount of $1,845.20 and that a purchase order be prepared con- stituting award of contract. C. C. 4-24-61 PROJECT NO. C-132 - Continued Page Three Motion by Councilman Brown, seconded by Councilman Snyder, that the contract for Project No. 132 be awarded to Jas M845.20 N. Haley as the lowest responsible bidder in the amount of (and that a purchase order be prepared constituting award of contract). Motion passed on roll call as follows- Ayes- Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes- None Absent- None PROJECT NO. C-142 To approve Plans and Specifications APPROVED LOCATION- Indian Summer and Alwood Avenue, south of Francisquito Avenue. To approve plans and specifi- cations and authorize the City Engineer to call for bids. Council has copies of the report and staff recommends approval. The City Manager indicated that this was.an additional expenditure needed relative to streets originally built under County standards when this area was in the County, and which are now proving inad- equate and do not meet City standards. Councilman Towner remarked that he felt that this was an object lesson to us in relation to streets approved under County specifications. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the Plans and Specifications for Project No. C-142 be approved and authorization given for the City Engineer to call .. for bids ORANGE AVENUE TRUNK SEWER RELOCATION'AND ALTERATION BY THE CORPS OF ENGINEERS, U. S. ARMY AUTHORIZATION TO 'EXECUTE CONTRACT APPROVED Staff recommends authorization. LOCATION- Orange Avenue at Walnut Creek Wash. To authorize the Mayor and City Clerk to execute con- tract with the Corps of En- gineers to lower sanitary trunk sewer in Orange Avenue. City Manager Aiassa- Council has received copies of the report on this matter. It concurs with the original agreement and has been reviewed by the City Attorney. It is less than the figure given in the contract, although it is same per- centage and control. There is 79% of the cost by the Corps of Engineers and 21% of the cost by the City with a total cost of $15,000.00 with $3,150.00 to the City, plus contingencies advanced • by the County Flood Control District; said funds to be charged against the bond issue project. The City Attorney has advised in favor of the execution of this agreement stipulating this contract be executed relative to the fact that the City has already advanced the necessary funds for the relocation through their agent, Los Angeles Flood Control, C. C-. 4-24-61 Page Four ORANGE AVENUE TRUNK SEWER RELOCATION - Continued City Manager Aiassa - Continued: and no additional funds will be expended for this work; and that Article II, Subsection 2, as stipulated in the Agreement showing percentage participation, will be the governing factor; and that Article II, subsection C; Subsection 1, which indicates the total sum of $5,929.00 has already been advanced by the City. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the Mayor and City Clerk be authorized to execute the contract with the Corps of Engineers, U. S. Army, to lower the sanitary trunk sewer in Orange Avenue, subject to the stip- ulations of the City Attorney, as contained in the staff report. PRECISE PLAN NO. 42 LOCATIONo Southwest corner of Request to Extend Time Puente and Azusa Avenues. (Al Handler) REFERRED TO THE PLANNING Request to extend time to DEPARTMENT AND PLANNING develop property in accord - COMMISSION FOR REPORT TO ance with Precise Plan No. 42 THE CITY COUNCIL for period of two years to June 27, 1963. Staff recom- mends approval. Council has copies of letters. Councilman Brown: .Is this the same piece of property that is now before the Planning Commission relative to a change of zoning with a precise plan under con- sideration. Mr. Joseph: Yes, with the exception of the service station on the corner which has C-1 existing, but the remainder of the property is before the Commission as indicated. Councilman Towner: I am wondering again, Appar- ently, there was a time limit- ation put on this for a part- icular reason, the usual reason being that as time goes along, conditions and circumstances change and we may want to put some different precise plan or different use on the property, and apparently that is in process of happening at this time. I am wondering if this has been reviewed, for example, by the Plan- ning Department to determine whether conditions attached to the precise plan here are the same that we use today and whether other conditions and circumstances are the same? City Manager Aiassa: We can refer this to the Planning Department, The party making this request • has until June 27 to renew this. We can review the plan of • the service station. Councilman Brown; I think we should hold this until sometime in June, due to the fact they are trying to change the precise plan. Why renew this now? It is before the Commission now, and it may be all settled. C. C. 4-24-61 Page Five PRECISE PLAN NO. 42 - Continued Councilman Brown - Continued: It,is a precise plan for the same piece of property on which a Motor Vehicle Agency and Veterans office would have been per- mitted, although it doesn't state it has to be that, but it was the intent at the time of the previous zoning on it, and an office area could be opened up and used here as such, but there would be no developing, as formerly proposed, for the Department of Motor Vehicles. This is one problem on the property, as well as the gas station. Motion by Councilman Towner, seconded by Councilman Brown, and carried, that the request of Al Handler for a time extension on Precise Plan No. 42 be referred to the Planning Department and Planning Commission for report back to the City Council at some regular meeting prior to June 27, 1961. Councilman Brown: The time limit was placed on it by the Council and not by the Commission. City Manager Aiassa: RELEASE OF $1,000.00 STREET EXCAVATION BOND APPROVED $1,000.00. All obligations satisfactorily fulfilled. It was first approved in 1955, so a few years have elapsed. Principal: Nick G. Espinoza Authorize release of Travel- ers Insurance Company Bond No. 675410 in the amount of guaranteed by this bond have been The staff recommends release. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that authorization be given for the release of Travelers Insurance Company Bond No. 675410 in the amount of $1,000.00 to the Principal, Nick G. Espinoza. RELEASE OF $1,000.00 Principal: Able Construction STREET EXCAVATION BOND Company. APPROVED Authorize release of United Pacific Insurance Company Bond No. 318967 in the amount of $1,000.00. All obligations guaranteed by this bond have been satisfactorily fulfilled. Staff recommends release;. as a new bond has been received. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that authorization be given for the release of United Pacific Insurance Company Bond No. 318967 in the amount of $1,000.00 to the Principal, Able Construction Company. i C. C. 4-24-61 REVIEW OF PLANNING COMMISSION ACTION OF APRIL 19, 1961 0 mended for approval and appears on Page Six Metes and Bounds Subdivision No. 135-177 at the Southeast corner of Citrus Avenue and Vanderhoof Drive was recom- the Agenda this evening. Precise Plan of Design No. 199, Rev. 1, of Frank Horny at Thelborn Street east of Azusa Avenue was approved.. Precise Plan of Design No. 268, Studio Garden Apartments, at 1822, 1830 Badillo Street between Phillips and Azusa Avenues was approved. Precise Plan of Design No. 272, W. & T. Construction Company, at 235 - 241 - 245 S. Pima Avenue, between Stuart and Bandy Avenues was approved. Zone Change No. 181, Clare W. Holcomb, et al, northerly of Vir- ginia Avenue, southerly of Walnut Creek Wash between Holt and Barranca Avenues was denied. There was no request by Council for any items to be brought before them at their initiation, other than items already indicated to come before them. CITY CLERK REQUEST OF AMERICAN LEGION POST -NO. 790 To sell fireworks at three locations REQUEST OF VETERANS OF FOREIGN WARS POST NO. 8620 To sell fireworks at three locations South frontage road, east of Citrus West Covina Plaza Parking Lot 301 N. Azusa Avenue May Company, Eastland 1034 State Street Sun -Fran Shopping Center Deposit has been received from West Covina American Legion and these matters will be referred to the Fire Department for formal checking. Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that the requests received to sell fireworks be approved as submitted to the City Clerk, providing all requirements of the City ordinance are met. SCHEDULED MATTERS BIDS DISTRICT Aoll-59-1 LOCATION-. Merced and Willow • SANITARY SEWER DISTRICT Avenues. • Bids were received as adver- tised at 10.00 A. M., April 20, 1961, in the office of the City Clerk for the purpose of construction work on Sanitary Sewer District A111-59-1. The City Clerk stated that Notice of Pub- lication had been received from the West Covina Tribune on April 6 and 13, 1961, and as a news. item in the Green Sheet on April 13, 1961. Bids were opened and checked for proper bid bonds. Co Co 4-24-61 SANITARY SEWER DISTRICT A111-59-1 - Continued The bids were read as followsa B. Jo Zarubica Edmond J. Vadnais Falcon Construction Corp. Mike Ramljak Co,, Jo L. Construction Co, All bids contained 10% bid bonds. Cquncilman Browno, City Manager Aiassa: Page Seven Correction $157,421.69 157,388.55 157,593.75 158,223.18 172,270a40 172,275.35 172,715.39 What was the engineer's esti- mate on this? I believe it was.$144,OO1o18o Motion by Councilman Towner,.seconded by Councilman Snyder, and carried, that Bo Jo Zarubica be awarded the bid on Sanitary Sewer District A111-59-1 on the basis of their low bid.in the amount of $157,421.69, and that the City Engineer be instructed to return the bid bonds to the unsuccessful bidders. RESOLUTION NO. 2091 Awarding of Contract A911-59-1 (B. Jo Zarubica) ADOPTED Mayor Heath: The City Attorney presentedo "'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AWARDING A CONTRACT TO IMPROVE MERCED-WILLOW AVENUE IN SAID CITY IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 2050." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Brown, that said resolution be adopted. Motion passed on roll call as follows: Ayes. Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2091. PROJECT NO. SS-16 Informal bids received as Fairway Lane and Grand advertised at 10:00 A. M. Avenue Sanitary Sewer April 20, 1961, in the office BID AWARDED TO of the City Engineer. R. E. DOWNER The City Council on March 27, 1961, approved plans and specifi- cations for this project and instructed the City Engineer to call for bids on an informal basis. Pursuant to this motion, the Engineer's office obtained bids from eight (8) contractors in the area, and the result of these are summarized as follows-, C. C. 4-24-61 PROJECT NO. S'S-16 - Continued City Engineer's estimate R. E. Downer Advance Sewer Construction Co. Max Milosevich M. D. Burke M. C. Nottingham of So. Calif. Edmond J. Vadnais V. J. Caruso City Construction Page Eight *$1,391.85 1,274.69 1,478.85 1,514.93 1,594.85 1,853.39 1,916.39 2,036.78 2,159.16 ..Average Bid - $1,691.21 Engineer's estimate - $1,391.85 - 17.70% below Average bid Low bid - 8.42% below Engineers estimate - 24.63 below average bid *Including 10% contingencies. It was recommended that the contract be awarded to R. E. Downer on the basis of his low bid in the amount of $1,274.69, and that a purchase order in that amount be issued, constituting the award of the contract. Motion by Councilman Snyder, seconded by Councilman Barnes, that the low bid of R. E. Downer be accepted in the amount of $1,274.89 and a purchase in that amount be issued constituting the award of contract. Motion passed on roll call as follows-, Ayes-, Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes-, None Absent-, None HEARINGS PRECISE PLAN OF DESIGN NO. 258 LOCATION-, South California (Ruby B. Bowker, et al) Avenue, between California APPROVED AS STIPULATED and Glendora Avenues. The Planning Commission denied the request for Adoption of Precise Plan of Design under their Resolution No. 1015 on March 1, 1961. Appealed by applicant on March 8, 1961. Hearing closed April 10, 1961 and the decision held over until April 24th pending result of investigation into the existence of street easement. The City Manager indicated, at a query by Mayor Heath, that Council had been given a complete written report relative to the street easement on this property, unless Council would desire further information. Councilman Towner stated that as he understood it, this street easement should not inhibit anyprecise plan put on the property, because the problem involved in_thAt it. -is merely one of deter- mining who is entitled to have it deeded back to them, and in the meantime, it would remain under dedication. C. C. 4-24-61 Page Nine PRECISE PLAN OF'"DES'IGN,NO: 258 -Continued The City Manager indicated that authority remains with the Council to execute the_dead.requiring the street be located there, or else not to execute the deed, but it was his thought that if it were not desired there, it should be Quit Claimed to the owners as it is.a. lien against the property and it is'probably recorded as a perpetual street easement. Councilman Towner stated that the only portion under this dedi- .cation is this small land strip in the middle of things, Metes and.Bounds No.'135-159, and the City Manager stated it goes through three lots. Mayor Heath requested the indication of the boundaries of the area Council is considering for this rezoning, which was done, and then reiterated the facts .that had been presented to refresh memories and clarify the situation. Councilman Barnes asked if there is an easement out to California across this property --was that previously put on for a street°or was there an easement for a drain to California and Mr. Dosh indicated there was no easement granted yet, but there will be one there when the storm drain is opened. Councilman Towner asked if that easement that has to go through there coincides with street shown on 45-X-1, does it coincide with Alternate Plan No. 2 of the applicant, and Mr. Dosh indicated it coincides with either.plan. Mr. Joseph stated that the Planning Commission proposal does not show a street coming out to California. Mr. Heath indicated that the letter of property owners to the right of subject property have indicated in letters on record that they are not in accord with recommendations of the Com- mission, and that there is also a letter from a Mr. Kotoff, owner of property to the left of subject property, indicating desire to have the north 165 feet of his property R-3, but withdrawing the southern section of his property for such use. Councilman Towner asked as to the status of the zoning on the property, and Mr. Joseph indicated it was R-A, and to the question of the same Councilman relative to zoning pending before the Com- mission, Mr. Joseph indicated that zoning is also actually before the Council, since that was withheld for consideration pending the opportunity of the Planning Commission to study a precise plan to be submitted, which was done, but which is now being appealed to Council, so Council actually has both the zoning and plan before them at this time. Councilman Towner stated there appeared to be no zoning matter relative to the plan on the Agenda this evening, and asked if that would make a difference in what Council could do, and the City Attorney stated that Council can act on both since they are both still pending before Council. . Councilman Towner indicated that it seemed on this Alternate 2 plan submitted in accordance with Planning Commission on this matter, they had some objections, and he wondered what was meant by the one "to be a 40-foot setback from street" to cross in front of it, and was it due to the unusual situation in which there might be the facing of R-3 to single family zoning ---would that---^be---the---re°a-son-for--the,- greater setback, and Mr. Joseph in- dicated that'was correct; i C, Co 4-24-61 Page Ten PRECISE PLAN -OF DESIGN NO. 258 - Continued The question was raised by Councilman Towner as to whether there were. any landscaping conditions put on that front 40 feet, and Mr. Joseph indicated that the precise plan had been denied so conditions were not imposed, just reasons for denial indicated. It was further questioned by the same Councilman as previously, re.gatding another reason for denial on alternate plan which was the concurrent use of a back alley by Von's Market, and has this been taken care of in Alternate 2, Mr. Joseph indicated that Alternate 2 plan was submitted in accordance with the block study and these conditions were not shown on the plan and reasons for .denial by the Planning Commission, Councilman Snyder questioned whether those garages open onto Von's parking lot, and Mr. Joseph indicated no, it was a blacktop drive- way used by Von's, and the garages open on that driveway behind the store. But, stated Councilman Snyder, there is no wall across this driveway, and Mr. Joseph stated, no. Councilman Snyder again stated that, then, in effect, it would be onto the parking lot black top and Mr. Joseph stated the driveway is now on Von's property, paved, and the applicant proposes to gain access to private residential garages by means of the commercial drive. Mayor each asked if this property is already dedicated or indi- cated fior 30 feet at back there to be used as easement, and Mr. Dosh stated that at the time of the approval of Von's plan, it was mot known whether there would be a half street there or not, and took bond for the wall, but not street dedication, but there was the condition imposed that if and when the street was needed, we would get it, but there would be a wall 30 feet from property line if the street was not wanted. Mayor Heath asked if the 30 feet was outside of garages,. or would they be placed on the 30 feet, and Mr. Dosh indicated the 30 feet was a future half street, but if there was the decision not to take the.half street, there would be a wall across the property, City Manager Aiassa indicated that, according to Resolution No. 1015 from the Planning Commission, it appeared that car- ports on the southerly end would be on this access (alley) and may be denied by Von's, as it is also used by Von's trucks and leads to their unloading docks, Councilman Snyder stated that part of the problem with this piece of property dates back to when the market was put in, and it seemed to him that it was put in without too much consideration as to how the rest of the area could develop. Vine Avenue was cut in two, whereas it would have seemed more sensible to have it go through, which is now impossible. The Councilman felt that there can't be considered this little bit of zoning on both sides of this proposed street without considering how the rest of the property will develop, which is what the Planning Commission has tried to do. It was further indicated by Councilman Snyder that he is half- way convinced this zoning is only to get this street back and • it is'not particularly cared how the remainder of the property is developed and that this isn't necessarily good planning just to get this street back without considering the rest of the property, Sooner or later there would be traffic problems in the property to the north and how to develop it. C. C. 4-24-61 Page Eleven PRECISE PLAN OF DESIGN NO. 258 - Continued Mayor Heath agreed the point was well taken, and that he, too, had thought about this small piece of property. However, he 'felt the man wants to develop his property, and that if there is. any way in which he can develop it satisfactory to the Council, it- .should allow him to do it, and if he is not allowed to develop it, it is, in effect, saying he can't develop it until all his neighbors develop theirs. If there is some kind of arrangement that can be arrived at to give the applicant an answer, yes or no, and -let him develop it somehow, Council should do it. Adjacent property owners are in favor of one of his plans, but not the one recommended by the Planning Commission. Councilman Barnes stated that he believed that in reference to the letters of property owners, as stated by Mayor Heath, Alternate No. 2 would have an effect on someone's swimming pool and house to the north. Mayor Heath stated that he had been led to under- stand that if that street were extended to the northeast, it would remove a house and remove a swimming pool; but that he hadn't seen the property. Mr. Bowker stated that Mr. Hendershot is thoroughly opposed to said street coming within a few feet of his bedroom window. That it would have to be condemned, wouldn't be dedicated, and that the swimming pool wouldn't be takent but that the street would be very close to it, so then you couldn't use the lot on that side without removing the house. Mrs. Gaines stated that she had understood the house was built back 100 feet from California Street, and understood the street would come close to behind his garage, rather than his bedroom window. Councilman Towner indicated that is the way he understood the test- imoriy, as indicated by Mrs. Gaines, that it would come to his gar- age and whether or not he wants to develop is entirely up to him. The fact he doesn't want a street behind his garage is a choice over which he has no control, as Council has to put this at the best place for over all planning. The comment of Councilman Snyder, Councilman Towner stated, also gave him some concern, but after due consideration, he felt that it was not correct and that he did not think they are trying to squeeze something out of us, but only to get the property developed, and if there is any squeezing, it is on Council trying to get some kind of develop- ment. Evidently, it is to reduce R-3 and yet make something practicable and reasonable. Buffer is needed in the area around Von's, and also an access to that market area to keep it from dying on the vine, and we want to retain the residential area on California. You have other considerations of the drain going through at existing Von's street, and improvements in that part- icular area will get it dug up and improved anyway, so some improved type of street will go through there. You can't bring the street out to Merced now, so it appears the Planning Com- mission, with some reservations, has come up with the most reasonable compromise of a difficult situation. I think if you put alternate No. 2 with some changes in it, into effect here, you probably have something everybody will be dissatisfied with, but it meets all possible conditions and it is the best you can make out of a difficult situation. C. C. 4-24-61 Page Twelve PRECISE PLAN OR DESIGN'NO. 258 - Continued Councilman Barnes stated that he thought that Council owed these ...people the right to develop. If Council can come up with an idea • that.it thinks is the best, that is good, but some plan, so you do.:not landlock the property, then perhaps they can go ahead and develop their property regardless of the other property owners. Mr. C. Kupferer of 938 S. California Avenue stated that this is a matter that has been worked on for a year, and that he hoped the Council won't stop now, as a street out to California is needed to develop the property to the north, but the 270-foot easement ...isn't in accord with the rest of the property owners. They are in accord with the 430 feet, and it is felt that is the one that ,is going to answer the questions. If you stick with that you can let it get started. Councilman Barnes asked how close to Mr. Kupferer's swimming pool was Alternate No. 2, and Mr. Kupferer indicated that at the 270 feet, it would leave a lot in back 64 feet in depth and the pool is .-206 feet at the southeast of California. The City Attorney asked what is the advantage to moving the street to the 270 feet and Mayor Heath indicated to have R-3 facing R-3, and-bac•k of R-3 back to R-1.. Councilman Towner further indicated that if the proposed street was moved, it would provide a double depth of R-1 and restrict the extension of R-3. However, the City Attorney was of the opinion it wouldn't be very much, because R-3 is deeper on the street in one way and shallower on the other, but Mayor Heath indicated that all the property had to be taken into consideration. The whole strip and one small street like this of 100 feet or.so of R-3 isn't much, but the whole strip, 100 feet, added to every one of the parcels is 80% more R-3 than what is recommended by the Commission. Councilman Barnes stated that perhaps Mr. Williams should be answered in that the Council asked the Commission to cut down on the amount of R-3 and believed it was then referred back to the Commission. But the City Attorney stated, "That is no reason, who would it help?" Councilman Brown stated that these plans that are up here tonight would have to go for the 400-foot depth for those existing lots built on R-1 in order for them to be usable. This piece of property is landlocked, as it is, and he couldn't see how there can be the denial of the right to develop it one way or the other. It was further indicated the same thing happened on Azusa in the past year --it was landlocked, and it was developed the best that could be done at the time. The original block study on that, regarding the existing street, showed it coming out at approx- imately the location where the drainage is at this time. Councilman Towner indicated that he thought the problem was that if you set the street that far back, you then provide a double row of.R-3 in there, and previously it has been indicated, through policy, and by the people in the City through referendum, that they wanted to cut down on the amount of R-3 in this area • and all you want is to provide a reasonable buffer. For that reason and because this plan will extend north eastward, I think we should go for the compromise and out R-3 down. As a planning matter, if this was all raw land, the applicahtos.•proposal is _.good, but we are faced with practical considerations. How much total apartment house area is involved in the change? How many more units is there going to be on the first alternateagainst the second,- alternate? C. C. 4-24-61 Page Thirteen . PRECISE,PLAN NO. 258 - Continued Mr. °Do:sh indicated 37 here and 25 here, and Councilman Towner stated.then there would be 12 more on this piece of property, • and probably from the square footage of 1100 feet, it would in- dicate two bedroom. Councilman Brown asked Mr. Kupferer that from his property line as it now exists, that portion 10 feet behind the curb, what is the total length of the property, and Mr. Kupferer indicated it was 628 feet from property line as it now exists --from back end of present lot as now used, it is 412 feet, so we have 216 feet ,plus 412 feet. In summarizing this matter, Councilman Towner indicated he felt there had to be a compromise made here to give a reasonable solu- tion out of the many conflicting requests. Councilman Snyder was of the opinion this did not solve the problem nor did he feel there was a reasonable solution yet presented. Mayor Heath stated he liked the plan of the owners, except that it is increasing the R-3 area.to more than a buffer and if the plan is amplified to full length of the properties to Merced and north, you have quite a bit of.R-3. Councilman Barnes stated he did not think it is desirable to make those R-1 lots facing California any deeper and better develop it in 135 feet depths than develop it too deep. Motion by Councilman Towner, seconded by Councilman Brown, that Precise Plan of Design No. 258 be approved as indicated in the applicant's Alternate No. 2, subject to the conditions recom- mended by the Planning Department and subject to the further condition that the portion designated future apartment building be subject to all of the same conditions provided for the north- easterly portion of the property; with furthr exception that Condition No.3 be changed to provide that the second story set- back be 40 feet and the first story may go to 25 feet. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Mayor Heath Noes: Councilman Snyder Absent: None ZONE CHANGE NO. 170 Motion by Councilman Towner, APPROVED AS seconded by Councilman Barnes, STIPULATED and carried unanimously, that an ordinance be prepared re- zoning only that property embraced within the applicant's Alternate Precise Plan No. 2, which has.just been approved (Precise Plan No. 258); that property within 330 feet of California Avenue, as shown,on.the plan be zoned R-1 with the remainder zoned R-3 and that the other prop- erty included in the original application be left in the zone as it is now. . Mayor -Heath called a recess. Council reconvened at 9:30 P. M. L-1 0 c . c . 4-24-61 ZONE CHANGE N.O. 180 and PRECISE°PLAN OF DESIGN NO. 265 REFERRED BACK TO PLANNING COMMISSION Page Fourteen LOCATION: 1345 S. Halinor Avenue, between Ituni Avenue and Walnut Creek Parkway Planning Commission denied the reclassification from Zone 'R`=1 to Zone C-3 by Resolution No. 1023, and denied Adoption of Precise Plan of Design by Resolution No. 1024. Appealed by applicant on April 10, 1961. Maps were presented and the City Clerk read the resolution of the Planning Commission. The City Clerk,further stated that the record should show.that Notice of the Public Hearing had been advertised in the West Covina Tribune on April 13, 1961 with nineteen notices mailed to those property owners within the 300-foot radius area. Mayor Heath opened the public hearing and stated that all those desiring to present testimony should rise and be sworn in by the City Clerk. IN FAVOR Mr. Francis J. Garvey Practicing attorney and repre- 274 E. Rowland Avenue senting the applicants. Covina Mr. Garvey started off his testimony by reference, in its essence, to the revisions or embellishments, to him, of the Planning Com- mission resolution as read at Council level in relation to what was actually said in the decision of the Commission, and he further stated, a suggestion of a study of the zoning ordinance with regard to resolutions, so that it can be easily known what has to be met and resolution be made clear. We are dealing with a particular and specialized case, one of which is out of the ordinary principles of zoning and planning. Difficult cases require particular considerations, even though they do not fit into the organized plan of things so that justice may be done. One thing the resolution does not point out is that all testimony was in favor of the applicant, and no one was in opposition to it, and those in favor are those who live on either side, immediately approximate to it. There is one such home owner present, and the other home owner could not appear this evening and they would be the people most affected by any adverse influences. I would like to take a look at the general neighborhood situation. There has been presented, six or seven photographs illustrating the area of the neighborhood. I believe you are all familiar with the area with Puente Avenue going under the freeway, and then the service road comes off at the easterly side to bend to the north and to become a service road of the San Bernardino Freeway. As you come up underneath the freeway, which is really a Baldwin Park area, but which deals with the edge of West Covina City Limits, 300 feet from the subject property is a commercial development of 10 units, two of which are occupied by a public library with restaurant, laundromat, off -sale liquor store, etc., on the remainder. Across from this is an old house which houses c. c. 4-24-61 Page Fifteen ZONE CHANGE NO: 180 and PRECISE PLAN -NO.. 265 - Continued Mr. Francis J. Garvey - Continued: a barber shop and a beauty shop and are not R`-1 uses. There is angther picture taken from the corner of the applicant's yard toward the vacant lot,which belongs to Signal Oil and zoned for a service station, although I do not know if that is what the ultimate use will be or if it will be a bulk station. Directly across Puente Avenue is a lot reserved with a sign indicating future development of Liberty Van Lines. I doubt if they would use that for just a parking lot and probably have acquired it with the intention of placing a warehouse there, which is a relatively heavy use of the property. Also, we have a r&',ptively heavily trafficked street and service road. From the street to the south, where there is commercial, by running to Halinor and Ituni you have piece of property surrounded by residences and reared by frontage road. The applicant asks that 55 feet of the rear of his lot fronting on the frontage road meets the condition of C-3 and should be so zoned. That is a pretty heavy jump from R-1 to C-3, and that is true. The West Covina ordinance is a catalog ordinance of com- partments of particular use, and you must find a compartment you can use whether compatible or incompatible, and you must back it because that is the only use you can get. The applicant is de- sirous of taking the property at the rear, leaving adequate depth for R--1, and to place on there for his own use a small print shop. He is, and has been, in the printing business for a long time, and no other property is as convenient a place to develop this use. It effects only particular neighbors, one to the left and one,to.the right, and they are not opposed, nor do they believe it would hurt their property. On the property to the north, where this structure would be built, is a secondary building on a residential, guest house or apartment, over and above R-1 family. Non -conforming use may be permissive with no harm to neighbors. Directly across the street, looking across bushes, which screen the frontage road, is C. R. Cook Tractor Sales and Service. The Planning Department report represents truthfully, but only in part, that zoning in West Covina is parking and storage yard for the use, but the portion in Baldwin Park is a sales room and sales shed. Two lots to the north along the frontage road, the City of Baldwin Park has seen fit to cut a cul-de-sac 41 feet and zone it C-1. The municipalities can't seem to agree and so have zoned the uses they think are best, and then we have contention. This is a use also affected by traffic conditions and is not incompatible to the neighborhood. It was pointed out this should defer to the general plan and the whole of Halinor Avenue. Only a year ago, we had Mr. Bennett's report, There were numerous block studies and now we have • Mr. Eisner, and that isn't the answer to the problem confronting us now. It is nice to have a general plan with a firm policy and outline, but all policies seem to become more strict and there is no precedent to guide us so we must look at each sit- uation. I] • C . C . 4-24-61 Page Sixteen ZONE.CHANGE NO. 180 and PRECISE PLAN NO. 265 - Continued Mr. Francis J. Garvey,- Continued; We have home owners here who have been long time residents of the 'City.,, and although this is unimportant to a zoning case, they need to develop the land. They have an expensive house on which they paid,a particular price, and which, in an effort to sell, have been advised of a depreciation of value of two or 3000 dollars, The house is improved over when it was bought, with the addition of a garage, but the affect of the frontage road and the incom- patible use of neighboring area has diminished it to the point it no longer is maintaining its value. The neighbors are agreeable to this change, and there is need for study in the City of.the­entire frontage road situation. We have an application for a particular individual and a particular use he can use. He proposed a building of masonry type of under conditions laid down which would relatively eliminate noise of the printing plant. It is no big flat bed process taking a large space and undesirable to the neighborhood but a small shop printing plant. It is stated you can't attach conditions to zoning and that C-3 permits many uses. We can't gainsay that, but what the applicant has in mind is a particular use now and which would gainsay any other use. He is not asking at this time for a lot split ord- inance which would permit selling of this.part from the dwelling use which might be a danger relative to C-3 use, because the only way he can put this use in here is by maintaining a portion of own residential lot and living on it. The Planning Commission denied the precise plan for the reason of denying the zone change. However, the applicant is willing to accept any condition as you may desire to include on the precise plan. The depth of the property with respect to residential isn't impaired. The 65 x 75 for parking, which he seeks, would be sufficient for parking from the rear to the road. Mr. C. Busching 1345 Halinor Street after the service road on the market and the 8500 and was the best I paid between eleven and twelve thousand for this property. Before the Cook Tractor use went in, but was there, I attempted to place this value was. -indicated at between 8000 and I could get. I have a sincere desire to get my own business here in the City, which is printing, and I am willing to accept whatever conditions may be necessary, and this is a zone change to protect my own interests. I have no interest in selling my property, Mrs . G . Lewis 1339 H'alinor I have lived here about ten .years and I am all for this proposed use, and have no objection to it at all. There being no further testimony, the hearing was declared closed. 0 C. Co 4-24-61 Page Seventeen ZONE CHANGE NO. 180 and PRECISE PLAN -NO. 265 - Continued. Councilman Barnes. Mr. Joseph; Mayor Heath: of it and zone it differently? I think on the Cook property, West Covina zoned a portion of that property within the City C-3 zoning. That property portion in West Covina was zoned C-3. Do we need a lot split on this to put this one corner com- mercial? Can we take a piece City Attorney Williams: I do not think this falls precisely within the details of the ordinance. The ordi- nance says on R-1 lot, one single family home. There isn't enough to split it, it has to remain one lot. Question is dividing zoning on one lot and I am inclined to think you can, as I do not know of any zoning which says you can or can't so long as the use in each part meets requirements, but it remains one lot, it isn't big enough otherwise. Councilman Barnes: we stipulate it revert back to City Attorney Williams:. Councilman Barnes: City Attorney Williams: Mayor Heath. - Could there be zoning put on this such as asked for and in case this use was taken out, previous zoning? No, to change a zone back would require the same procedure as required for change of zone. Only on that portion, 55 feet. I understand the -other portion wouldn't be changed. How can you have a multiple use on an R-1 piece of property? City Attorney Williams: That bothers me'a little because the R-1 provision is that you can't have any other use but single family on the lot. This is still, part of the lot even if a part of it is zoned something else. Councilman Snyder; Mr. Joseph: City Attorney Williams.* Councilman Towner: would have more control over it can't go 'in there. What is minimum R-1 size? What is left would meet the minimum. It seems you would have more merit in an application of this type under a zone variance and not a zone change. I'am inclined to go with that. .If he has a variance ands would no longer use the property,.we that way and then any kind of C-3 V e C e 4 -24-61 Page Eighteen . ZQNE'.CHANGE NO. 180 and PRECISE PLAN NO. 265 - Continued Councilman Towner - Continued: I. -..sympathize with the situation around this home and some adjust- -iment would appear to be in order. The Commission suggested.we wait to get through with the master plan, but perhaps it could be worked out without that. I wonder if Council would agree that a variance could be applied to this portion of the property rather than a zone change? City Attorney Williams- There would have to be another notice given because the prev- ious notice didn't indicate a variance. It might be reasonable if that is done to waive the filing fee to allow for the variance, but give another notice and start before the Planning Commission again, though, Councilman Brown- You say this can't be a lot split, but so long as a portion left meets R-1 requirements, the ordinance doesn't say anywhere how large a lot has to be in C-1. City Attorney Williams: No, and what you are saying is the ordinance is ambig- uous on that point, but the only interpretation is at least minimum area lot is minimum R=1 use. There is nothing in the area district chapter which states these area districts applies only to R-1. Councilman Brown- It applies only to residential. There are too many lot splits in the old center to indicate anything else. Councilman Barnes: I feel all of these properties backing to the frontage road should have some consideration due to the fact that these homes in this area, and I know them, were built before the freeway. This frontage road came in after the homes were built there and we haven't had good or any control of the Baldwin Park area across the street from this area. Also due to the fact we zoned some of this property C-3 in our City across from this area. Mayor Heath: and we've not extended this Councilman Barnes: • Councilman Brown: • Councilman Towner: If that is the case, many pieces in the City are touched by this freeway construction to all of them. But they do not have C-3 across from them, Baldwin Park hurt us more than the freeway when this Cook Tractor use went in there. It is evident we are in agree- ment something should be done here. c, c. 4-24-61 Page Nineteen ZONE CHANGE NO. 180 and PRECISE PLAN OF DESIGN NO. 265 - Continued Mr. Garvey: In talking of a variance prob- ably this should be a Condi- tional Use Permit which permits an abnormal use of a particular piece of property in a different zone. Would it be possible to refer it back to consider the use _permit which would give you more precise control over what the applicant says he wants to do with it. After reading from the zoning ordinance relative to what a cond- itional use permit is, or does, Councilman Brown stated that it seemed to him that all a conditional use permit means is that you do not need to present a variance case. City Attorney Williams: I wouldn't recommend it in this case, but if he desires to do so that is up to him. Mayor Heath: I think the ordinance is clear in that you can't have two uses on R-1 property. Mr. Garvey: That may be true, but the conditional use permit referred to would probably have been a more proper application and now the applicant would be penalized $175.00 for picking the wrong thing and he did not have an attorney to indicate the correct application and he will again have to gq through the cost of processing, because probably the correct appli- cation was not applied for. Mayor Heath: correctly to start with. Evidently the ordinance is pretty clear if you as an attorney would have filed Councilman Towner-, We do not want to give firm C-3 zoning here in view of what .can:. happen, yet we also do not want to penalize the applicant in that evidently a wrong choice was made here as to the proper request. Motion by Councilman Towner, seconded by Councilman Brown, and carried, that this be referred back to the Planning Commission to permit the applicant to file a Conditional Use Permit or a Zone Variance subject to the waiving of fees, previous fees to be used for the filing of the new application. Mayor Heath voting "No." Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that Precise Plan of Design No. 265 be referred back to the Planning Commission in connection with Zone Change No. 180. C . C . 4-24-61 Page Twenty PROPOSED AMENDMENT NO. 49 A proposal to expand Civic .City Initiated Center area. APPROVED .Planning Commission recommends approval. Maps were presented and the City Clerk stated that the record should show that Notice of Public Hearing was published in the West Covina Tribune on April 13th, 1961, with 29 notices mailed on April 12, 1961 to property owners within the 300-foot radius area. Councilman Towner left the Chambers at this time. 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. There was no testimony presented, the hearing was declared closed. Councilman Browne I haven't changed my mind. Three times this has been before us and I feel it handicaps certain pieces of property on the south side of Sunset since most of -it is developed. The Japanese -American Society building will be involved and it will put all this overlay on this and the other two pieces and is absolutely unfair to other property owners. If it were put in prior to other developments on Sunset, I could see it. It has always been defeated to extend it to the other side of Sunset, but every time a slight change comes in, it's brought up again. Councilman Snyder- I think the Japanese -American people had the opportunity to object to this and the civic center area is a farce without this extension or enlarging of the area. Councilman Barnes: I attended the Commission meeting regarding this setback, although I do not remember the gentleman who spoke on this. I believe he and another party involved were in favor and would comply. They were property owners of a portion not yet developed and felt it would be an advantage rather than a dis- advantage. Councilman Brown: What about the three other little pieces only 50 or 60 feet wide, and what is devel- oped already around them? • Mayor Heath: I agree with Councilman Snyder that the area east of Sunset is closer to the civic center than the area south of Service. The comment was made at one of these other hearings that if this restriction was placed along Sunset the new buildings would be built under these restrictions and the present buildings, to maintain the standard, would prob- ably improve their property to conform with the new buildings that went in. We've got to start somewhere and I think this would be a good -place to start. C� 11 C. C. 4-24-61 Page Twenty-one PROPOSED -AMENDMENT NO. 49 - Continued Councilman Brown; Buildings three years old won't do their front inside of a year. The persons owning 50-foot frontage cant put in all improvements and rent building for what others had been allowed to have. Mayor Heath. - Councilman Brown. - I think they could do it and others change. The ones with a small area will have to overbuild and he wont get his rent for it with what already -exists. Mayor Heath.- With a small frontage like that, for a person to im- prove his property, wouldn't be to price him out of the market, and I believe they would get more money for it. Penalizing doesn't apply to present buildings, but any that go in. If man who has property there doesn't want to improve., he doesn't have to, but if he does want to build he has .to improve. Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that the recommendation of the Planning Commission relative to Proposed Amendment No. 49, City Initiated, as indi- cated under their Resolution No. 1027, be adopted. Councilman Brown voting "No." Councilman Towner Absent. Councilman Towner returned to the Chambers. JEWISH WAR VETERANS A spokesman for this organ- ization stated as follows: At the last Council meeting, a letter was introduced from the Jewish War Veterans relating to sale of fireworks. A question: was raised in this letter as to the point of stipulation of a meeting place within the City limits in West Covina. It was realized we were in the County area, although the building had a West Covina mailing address, since the post was chartered in 1957, we have been recognized in the City as a qualified organ- ization. We are not here to protest the decision of the Council which was that our permit would be denied due to our meeting place being out of the City, but we would like to ask Council to reconsider its decision of the last meeting for a number of reasons. Whenever we have been called upon by any organization within the City, financially or otherwise, we have always assisted, and we have been involved with the programs within the City of West Covina. We felt that the ordinance only had its first reading, with the second one tonight, and so special consideration should C . C 4-24-61 Page Twenty-two JEWISH WAR VETERANS - Continued be given our post in granting us a permit, since the old ordinance is in effect until 30 days after the second reading of the new ordinance and upon granting application we will take steps to move into the West Covina area in a qualified building. Councilman Brown: The gentlemen said they knew they were in the County, but the first application indicated an address of a meeting place in a home in West Covina. Jewish War Veterans Spokesman at that time, but after that we met there ever since. We were formerly mission even though we did meet at At that time we had no organi- zation as such and no meeting place, so we have the address of the home of the Commander at the Center and have met granted fireworks sale per - that Center. Shannon Burke I am a member of .the local Spokesman for American American Legion and V.F.W., Legion and V.F.W. and was the spokesman for"the Jewish War Veterans organization when they applied for their first permit for selling fireworks. After due exploration at that time we supported their request. I can say that at different times in various projects I was involved in, personally, that in calling upon them, that as individuals or as a chapter, they gaveus ample support, and they are considered by various organizations here as being a West Covina organization. Although we are well aware of what the new ordinance reads, this has been discussed and they have assured me if given support they would move into the City within a year's time. Councilman Brown; If permission is granted before 30 days, it wouldn't conflict with the ordinance? City Attorney Williams: That is correct. Councilman Brown: The statement was made they would move into the City within a year, but they must meet within the City for one year in order to sell fireworks under the nVw ordinance, so this would mean you must move in right away. 'Spokesman for J.W.V. We would certainly try to do so immediately. `Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that the Jewish War Veterans organization be permitted to sell fireworks in -the City this year, subject to the approval of the location and State Fire Marshall's Permit. PLANNING COMMISSION METES AND BOUNDS SUBDIVISION No. 135-177 (Jack N. Nottingham) APPROVED LOCATION: Southeast corner of Citrus Avenue and Vanderhoof Drive. 1 Acre - 2 Lots - Area District III. C. C. 4-24-61 Page Twenty-three METES AND BOUNDS -SUBDIVISION NO. 135-177 - Continued Approved by Planning Commission on April 19, 1961. Council has report from City Engineer. Motion by Councilman Brown,, seconded by Councilman Barnes, and .-carried, that Metes and,.Bounds Subdivision No. 135-177 be approved, subject to the recommendations of the Planning Commission and to the City Engineer's Report, as submitted to Council, dated April 21,., 1961, relative to drainage requirements. METES AND BOUNDS SUBDIVISION LOCATION-, Northerly extension NO. 135-175 of Ardilla Avenue, southerly of .(Builders Co -Op of Southern Merced Avenue. California) APPROVED 0.883 Acres - 4 Lots - Ared District I. Approval recommended by the Planning Commission on March 15, 1961. Held over from City Council meeting of March 27, 1961. Motion by Councilman Brown, seconded by Councilman ilman Snyder, and carried, that Metes and Bounds Subdivision No. 135=175 be approved, subject to the recommendations of the Planning Commission. A resolution to approve a final map of Metes and Bounds Subdivision No. 135-175 and a resolution to open a 1 foot'lot No. 125 in Tract No. 16431 for street and highway purposes to be known as Ardilla Street for accesstoMetes and Bounds Subdivision No. 135- 175, which were previously held over from the meeting of March 27, 1961, were again held over pending submission of necessary bond and other pertinent information. RECREATION AND PARKS The action taken by the West Covina Recreation and Parks Commission at April 13, 1961 meeting was as follows-, A formal motion made and carried that a form letter be directed,to the elected City Officials and.DepartmefiT Heads. Irequesting u8e.:of their .name."-fof 6nd-disement of the bond ' issue . A formal motion made and carried that based on studies conducted, there are definite indications that it would be possible to build three swimming pools of varying sizes from the approximated allo- cation of $300,000, thus providing equity in distribution of pools throughout the City; and whereas the Commission feels this is essential to the satisfactory acceptance and outcome of the Bond Issue it -is therefore recommended that the Council approve the • request of the Recreation and Park Commission to go ahead and consider three swimming pools in the June 6 election and stay within the approved approximated allocation of $300,000. C. C. 4-24-61 RECREATION AND PARKS - Continued A formal motion made and carried that _mission accept the proposed budget as . of two additional Park Ca N,000;(2T al Out;la addition Palm View Park, and recommends approval of this budget City Council. Page Twenty-four the Recreation and Park Com- presented, plus the inclusion. items-. (1) McCall roperty Large Park Trees, $,500; to the City Manager and Mr. Whitcher of Recreation and Park Commission explained in re- lation to the.pool items as noted on the actions taken. These pools would be 25 meter Olympic size --all three, heated, lighted and filtered with casting as durable as can.be made, and includes 10 to 16 feet of concrete around it. Two pools can be placed close to the high schools and one north of the freeway with 6000 surface feet on it. There is reasonable assurance bath houses can be ?put on it and all other facilities within the $300,000 figure', Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that if three pools can be provided of adequate size for the amount of money appropriated if this bond issue goes through, Council will be in agreementdand if future buildings do not allow this, at least one pool be of highschool competition size. Councilman Barnes-. Mr. Whitcher-. on each park. Councilman Barnes-. BOND ISSUE ENDORSEMENT QUESTION in that they are not permitted letter could be sent to elected matter of endorsement. I question park trees at $4, 5,00. 00. Last year we put trees in the budget, but we are still inade- quate as to basip precise plan You still want it in the budget then. In relation to the bond issue endorsement, the City Manager indicated this was taken care of relative to Department Heads to do this, but it was indicated a officials and let them answer that Councilman Snyder indicated that as a member of the Area Develop- ment Committee of the Chamber of Commerce, it is desired to know what they can do to help in this bond issue. STREET TREE PROBLEM 316 N. Irwindale A report was presented relative to leaf droppage.from an Evergreen Ash, and examination was made as to disease, and the work done since it seemed to be a water problem. The suggestion is for removal, since all corrective measure should be given to the problem by the City Manager's of- fice before any action taken by the Recreation and Park Com- mission. No action necessary on this this evening, pending report. C . C . 4-24-61 GENERAL MATTERS Page Twenty-five ORAL COMMUNICATIONS Mrs. M. VanDame: Councilman Brown was the first one to clarify for me about the swimming pools. I thought they were all at one place and that is why I had remarked about a wading pool. I think this should be made clear to the public, as it was to me. Mr. A. Jett I understand you are considering hiring a planning consultant to .prepare a new civic center plan. Is that true? Mayor Heath-, We have interviewed eight con- cerns who would be capable and able to make an over all civic center plan which, if Council sees fit, may proceed, using govern- ment monies. If we ever go to construction, this would have to be repaid. Mr. Jett-, The point I would like to make is that the City has spent a lot of money on plans for the Civic Center area. There were numerous hearing on these things which have been approved. I think the Martin Plan submitted by Martin and Associates and paid with by the taxpayers money, and which cost a lot of money, was sufficient. With this plan the County has built their Courthouse and the Library in accordance with what was submitted. They had a beautiful plan and I believe it was given a lot of thought. I do not see how many changes could be made to that plan, and I do not think there could be many changes. The City Hall was provided for in it, as well as provision for Fire and Police Administration Building. I wanted to register my protest to spending any more of the tax- payers money for any consideration of a plan of this kind. Mayor Heath: The point is well taken, and Martin and Associates made a good plan, but as the City advances and grows, it is the feeling that this plan is inade- quate, and not extensive enough. The idea now is to get this study made with government funds and the only time we would use the taxpayers money on this study is when and if we went into construction. When we get value received. Mr. Jett-, If you do not propose to use this, why spend the money? Councilman Snyder: The other plan wasn't a waste. We have the buildings which are there now, but we need strong arguments for the freeway coming up. Government money is just as much the taxpayers money, though. C . C . 4-24-61 Page Twenty-six DISCUSSION RE. CHIC CENTER PLAN - Continued Mayor Heath- We know we need civic center, civic auditorium and City offices, as very elaborate buildings, but something we do not have is money to do it. If we have a plan which seems to be feasible and adequate from that plan, we can determine what it will cost the City and then we are in a position to find out how much money we will have to raise and where, in advance. Mr. Jett- I think the civic center is needed a lot more than the parks and recreation aspect is needed. Why spend the taxpayers money for study when you already have one that is concise, beautiful and partly developed. Councilman Brown- I agree with you. I am opposed to this, but this isn't the physical plan, these are working plans. However, the worst part with working plans is that they may lay on the shelf for 20 years. Times have changed in six years since we had Martin, so if working plans change in six years, you can't use them and it is a waste of taxpayers or federal money. City Manager Aiassa- Mr. Martin made : schematic drawings, which is the first run of an architectural pro- gram:put together real fast. Already you have a courthouse and library, which don't quite match the master plan. Mr. Martin was provided the opportunity to appear before the Council to review his entire plan and had the chance to modify or do any- thing he wanted and if he desired to continue the same plan, he had opportunity 'to do so and was given sufficient time at the hearing as the other architects had. We are faced with the widening of the freeway and losing of the frontage road. A difficult problem is at hand in developing a fire station. One time the fire station was apart of the heart of''the civic center, as there was provisions for the public safety buildings, including police. If we get preliminary plans ready and go to bond issue and have working plans, the persons voting for the bond issue will know what they are voting for, and after fifteen years of public service, I think the taxpayer should know what he is voting for and this would provide to him an actual design and cost. Councilman Snyder - while if we get interchanges.we argument on the interchange. This will do more in making up traffic and street pat- terns, and money is worth - want and we need every possible Councilman Barnes- I think this is the most • important part, that we can get proper interchanges, a buffering sound barrier.between the civic center and the free- way widening. I do not think we felt that Martin did this ade- quately in that he didn't foresee it at the time. c. c. 4-24-61 Page Twenty-seven DISCUSSION RE. CIVIC CENTER PLAN - Continued Councilman Brown: Things won't go as fast this next six years as the last six, Sbut so far as interchanges, the State indicated we have the worst interchanges in California and six years ago they stated we had the best. Mrs. Van Dame-. Speaking of interchanges, the State was at fault due to one of the men sent here. Councilman Brown-. Whenever someone works for a municipality they do the best they can, and he did the best for the State. Maybe he sold West Covina short, but that was a point with West Covina, and not the individual drawing these plans for the State. CITY MANAGER'S REPORTS GRADUATION - BASIC SCHOOL Riverside, April 29, 1961. The City Manager stated that attendance at this by one or two members of Council induces a feeling of well-being in the men involved who are graduating. PARKING LOT NEXT TO LITTLE This plan is eliminating one LEAGUE IN CIVIC CENTER bad entrance from Sunset at the approach of the under- pass, but if we leave only the other entrance, it is exposed to illegal parking which blocks the access at the time of the ball games, which is also the time employees are leaving the City Hall. This plan would take the grass area for parking and cul-de-sating at the end for turn -around and utilizing the entire used area for parking with a separate entrance because of the nature of activities in that area and a safeguard need for the little children, If Council feels this is desirable plan, cost figures can be obtained. This would close the entrance closest to the underpass on Sunset because that location you can't see cars which come up rather rapidly from the underpass. Councilman Brown: That is a bad approach and makes a hodge-podge of parking. Maybe this could be cleared up. It was the consensus that rough estimates be presented. i FIELD TRIP WITH ARCHITECTURAL ITINERARY May 5, 1961. It was indicated after dis- cussion that a change of date be made, tentatively, to Friday, May 12. Councilman Brown indicated he would not go. 0 C-] C. C. 4-24-61 FIELD TRIP - Continued Page Twenty-eight Councilman Towner indicated possibly Items 4, 6, 8, 9 and 11 be deleted to look at, and other items should be seen. However, other members indicated they would like to study the list and possibly make some recommendations also along this line. BARRANCA STREET (OLD) prepare the required ordinance a one-way street, south. RESOLUTION NO. 208.5 Certification of R/W for Glendora Bridge FAS 630 ADOPTED Mayor Heath: Motion by Councilman Towner, seconded by Councilman Brown, that the staff be directed to to amend the ordinance to make it The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE MAYOR .TO EXECUTE A CERTIFICATION OF RIGHT-OF-WAY WITH THE STATE DIVISION OF HIGHWAYS." 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. 2085. LEGISLATION BILLS A. B. 2o45 Police Officers 3 week Vacation and the reasons for said objection. REIMBURSEMENT ON WATER MAIN Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the Assembly be immediately notified of the official objection to A.B. 2045 In development of Tract No. 23537. Zoned R-1 originally, changed to R-3 permitting multiple use. Present water service is from a 4-inch line and desire is to go to 6 or<:possibly 8 inches. This issouth of Azusa and Badillo. This will have to be a signed agreement with Suburban Water, which has been done in two other locations. It is.participation by developers and City. Motion by Councilman Brown, seconded by Councilman Barnes, and .carried, that the Mayor be authorized to sign the reimbursement agreement with the Suburban Water Company. c . c . 4-24-61 Page Twenty-nine PAYMENT TO MR. McCANN FOR Motion by Councilman Brown, TAXABLE SALE INVESTIGATION seconded by Councilman Towner, and carried, that Mr. McCann • be paid the amount of $200.00 for the taxable sale investigation made by him. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent; None REQUEST FROM F.B.I. U.S. DEPARTMENT OF JUSTICE TO PARTICIPATE IN F.B.I. TRAINING To be taken up at study session Monday, May 1, 1961. AMERICAN MUNICIPAL ASSOCIATION Two cities which have given $50.00 money, Pomona and Inglewood, have been contacted. How- ever, we belong to one of the organizations, staff -wise, so it is felt there is not reason to give any money unless Council sees fit to do so. Councilman Towner: Is this a group urging more federal support for local activities? I know there is substantial support from some of these municipal organizations to increase the amount of federal funds in urban programs, but I, for one, do not want to contribute money for such a program. No participation in this was indicated. CITY.ATTORNEY RESOLUTION NO. 2086 Consenting to commencement -of proceedings for annexation ADOPTED Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONSENTING TO COMMENCE- MENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY .. DESIGNATED AS WEST COVINA SOUTHERLY ANNEXATION DISTRICT NO. 169". Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Brown, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder,,Mayor Heath Noes: None Absent: None Said resolution was given No. 2086. C� .-c . C . 4-24-61 ORDINANCE NO. 699 -An ordinance regulating the sale of fireworks ADOPTED Page Thirty The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING A CERTAIN PROVISION OF THE WEST COVINA MUNICIPAL CODE RELATING TO SALE AND DISTRIBUTION OF FIREWORKS." Motion by Councilman Barnes, seconded by Councilman Towner, that further reading of the body of the ordinance be waived. Motion by Councilman Barnes, 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. 699. ORDINANCE;NO. 700 The City Attorney presented: An ordinance giving notice "AN ORDINANCE OF THE CITY OF of a special election WEST COVINA ORDERING, CALLING, ADOPTED PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN THE CITY OF WEST COVINA ON THE ,6TH DAY OF J'UNE, 1961, FOR THE.PURPOSE OF SUB- MITTING TO THE QUALIFIED VOTERS OF,SAID CITY 'A PROPO- SITION TO INCUR BONDED INDEBT- EDNESS BY SAID CITY FOR A CERTAIN MUNICIPAL IMPROVEMENTS." Motion by Councilman Towner, seconded by Councilman Brown, and carried., 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. 700. RESOLUTION:NO. 2087 To awaken and fight all Communistic activity ADOPTED • Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA IMPLORING ALL PATRIOTIC AMERICANS TO AWAKEN AND TO FIGHT ALL COMMUNISTIC ACT- IVITY." Hearing no objections, we will waive further reading of the body of the resolution. • • • C. C. 4-24-61 Page Thirty-one RESOLUTION NO. 2087 - Continued Motion by Councilman Brown, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Browni Towner, Barnes, Snyder, Mayor Heath Noeso, None Absent: None Said resolution was given No. 2087. `RESOLUTION NO. 2088 Acknowledging the receipt of notice of intention to circulate petition ADOPTED Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACKNOWLEDGING THE RECEIPT OF A NOTICE OF INTENTION TO CIRCULATE A PETITION FOR..THE ANNEXATION OF TERRITORY DESIGNATED AS WEST COVINA SOUTHWESTERLY ANNEXATION_.°D­ISTRICT NO. 168 AND AN AFFIDAVIT OF PUBLICATION THEREOF AND APPROVING THE CIRCU- LATION OF PETITION." 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: Ayeso, Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent-, None Said resolution was given,No. 2088. LEASE AGREEMENT FOR A. Teichert & Son PORTION OF CITY YARD AUTHORIZATION TO EXECUTE Batch Plant Motion by Councilman Brown, seconded by Councilman Barnes,, and carried, that the Mayor and City Clerk be authorized to sign the lease agreement. RESOLUTION TO GRANT Held for communication with UNCLASSIFIED USE PERMIT NO. 53 applicant pending outcome of (Shoe Corp. of America) his new application and ask if this is applicant's under- standing. C. C. 4-24-61 RESOLUTION NO. 2089 Denying request for Unclassified Use Permit and denying approval • of .precise plan ADOPTED Mayor Heath-. Page Thirty-two The City Attorney presented-. "A RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF WEST COVINA DENYING REQUEST FOR UNCLASSIFIED USE PERMIT AND DENYING APPROVAL OF A PRECISE PLAN." (Kline) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows.- Ayes-. Councilmen Towner, Barnes, Snyder Noes-, Councilman Brown, Mayor Heath Absent.- None Said resolution was given No. 2089. RESOLUTION NO. 2090 Denying a request for a change of zoning ADOPTED Mayor Heath: The City Attorney presented; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A REQUEST FOR A CHANGE OF ZONE." (Kline) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows-. .Ayes.- Councilmen Towner, Barnes, Snyder Noes: Councilman Brown, Mayor Heath Absent.- None Said resolution was given No. 2090. INTRODUCTION An ordinance to change an area district 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 CHANGE THE AREA DISTRICT OF CERTAIN PREMISES ANNEXATION NO. 165 TO AREA DISTRICT IV." 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 Councilman Barnes, and carried, that the ordinance be introduced and giving its first reading. Councilmen Towner and Snyder voting "No." • • C. C. 4-24-61 INTRODUCTION An ordinance rezoning certain premises 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 SO AS TO REZONE CERTAIN PREMISES." (Shoe Corp. of America) Motion by Councilman Brown, seconded by Councilman Towner, and carried, that further reading of the body of the ordinance be waived. Motion by Councilman Brown, seconded by Councilman Towner, and carried, that the ordinance be introduced and given its first reading. INTRODUCTION An ordinance adopting a fire prevention code The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTETG BY REFERENCE A FIRE PREVENTION CODE AND AMENDING THE WEST COVINA MUNICIPAL CODE RELATING THERETO." 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 Councilman Barnes, and carried, that the ordinance be introduced and given its first reading. CITY CLERK PROPOSED ANNEXATIONS TO CITY OF INDUSTRY PROPOSED ANNEXATION TO CITY OF COVINA REQUEST TO SOLICIT APPROVED Nos. 65, 66 and 68 No objections. No. 32. No objections. Los Angeles County Epilepsy Society. No door-to-door campaign. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the request of the Los Angeles County Epilepsy Society to solicit be approved. REQUEST FOR TEMPORARY USE PERMIT Eastland Shopping Center and APPROVED West Covina Jr. Chamber of Commerce (Battle of Hands; Bake Sale; Childrenfs��rides, etc.) May 19 and 20, 196�;, Co Co 4-24-61 Page Thirty-four REQUEST FOR TEMPORARY USE PERMIT - Continued Motion by Councilman Barnes, seconded by Councilman Brown, and • carried, that the request for temporary use permit be approved subject to City Staff Committee approval. BARBEQUE CHICKEN DINNER DENIED Plaza Parking Lot - .39 In violation of ordinance. Consensus was that the requirements of the ordinance be maintained, and it is indicated this would be in violation, MRS. F. M. NEELY Communication expressing dis- pleasure at the naming of the park at the corner of Orange and Merced not being named Neely Park. It was suggested a letter be written that it is the general policy of Council to.permit the citizens to name City parks and also it is not the policy of the Council to name City parks after individ- uals. POINT OF INFORMATION BURGLARY PREVENTION WEEK COMMUNICATION FROM H. B. CRANDALL RESOLUTION NO. 1032 OF THE PLANNING COMMISSION Note of appreciation from the De Lay family. April 30 to May 6 proclaimed. Expression of thanks on behalf of the San Gabriel Valley Boy Scouts Council for use of Cortez Park in their recent activities. Amending Resolution No. 997 to correct a legal description. (Reichard property) Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the City Attorney be instructed to prepare an amend- ment to the ordinance relative to subject property, correcting the clerical error. TREASURERtS REPORT March, 1961. _ACCEPTED Motion by Councilman Barnes, seconded by Councilman Snyder, • and carried, that the Treasurer's Report for March, 1961, be accepted and filed. • C� • Co C. 4-24-61 Page Thirty-five BARRY MICHAEL BRYAN DAY The Mayor stated he attended the Forest Lawn Award Dinner at which awards were given to students from liberal arts colleges, One of those chosen a winner of this essay contest was from West Covina, attending Redlands University. This was quite an event and the boy deserves com- mendation and so he would proclaim Wednesday, April 26, 1961, of this week as Barry Michael Bryan Day. Councilman Towner: Indicate a stipulation in any such proclamation that it deletes any advertising, DEMANDS APPROVED Motion by Councilman Towner, seconded by Councilman Snyder, that Demands in the amount of $77,525.12, as listed on Demand Sheets B-75, C-257 and C-258 be approved. This to include fund transfers in the amount of $5,2o4.33. Motion passed on roll call as follows-, Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes-, None Absent-, None NOMINATION FOR MAYOR City Clerk Flotten: Councilman Towner: available for the full time duties Mayor Heath re-elected as Mayor.' Councilman Towner elected as Mayor Pro-Tem. Nominations are open for Mayor for the year beginning May 1, 1961. I believe that normally this is rotated annually, but I do not have the amount of time required of the Mayor. I spoke to Councilman Snyder and he doesn't have the time either, and I would say, further, that we have been satisfied with Mayor Heath's chairmanship and on that basis I would nominate him. Councilman Brown: I would like to nominate a man who I feel has served the longest and worked the hardest on County matters, especially the San Gabriel Valley Water Assoc- iation, Councilman Barnes. Councilman Barnes: I would like to accept the nom- ination and I appreciate it, but at the present time in my company we are in an austerity program and a lot of positions are changing and I was notified only a week ago there would be a change in my department, and in view of that fact I can't accept it. I feel there is another man on the Council which I think has done a real good job since he has been on Council. I would like to nom- inate:Councilman Snyder. • :7 0 C. C. 4-24-61 NOMINATION FOR MAYOR - Continued Councilman Snyder: indicated by Councilman Towner. the -running in future years. Councilman Barnes: Page Thirty-six Thank you very much, but I - must withdraw from the nom- ination because of the reasons But that doesn't put me out of Right now it is impossible for me to take the Mayorship, although I wish I could. Motion by Councilman Brown, seconded by Councilman Snyder, and carried, that the nominations be closed, and a unanimous ballot be cast for Councilman Heath as Mayor. Mayor Heath: City Clerk Flotten: Councilman Brown. - Thank you very much. Mr. Heath has been elected and officialVtakes office on the first meeting of May. I would nominate Councilman Barnes as Mayor Pro -Tema Councilman Snyder: Possibly we should consider more people for this job. Time isn't going to limit us. Councilman Towner has done a good job in the City, and I would like to nominate him as Mayor Pro-Tem. Councilman Barnes: Councilman Snyder: Councilman Brown: Councilman Towner: open and above -board election. Mayor Heath-. I would like to nominate Councilman Snyder as Mayor Pro-Tem. I would like to withdraw from the nomination. This is a good example of backyard politics. Rather than have hard feelings, I would like to withdraw if desired, but this is an Where did these backyard politics take place? Motion by Councilman Snyder, seconded by Councilman Brown, that the nominations be closed. A written vote was taken and the City Attorney counted the ballots which indicated three votes for Councilman Towner and two votes for Councilman Barnes as Mayor Pro-Tem. City Clerk Flotten-. Councilman Towner has been elected Mayor Pro-Tem, effective May lst, and we extend our congratulations to him. c. c. 4-24-61 There being seconded by at 12:15 A. 0 ATTEST 9 I* no further Councilman M. City Clerk Page Thirty-seven business, motion by Councilman Brown, Towner, that the meeting be adjourned APPROVED Z 2 v' Z Mayor