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06-12-1961 - Regular Meeting - Minutesa v MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA June 12, 1961 The meeting was called to order by Mayor Heath at 7:40 P. M. in the West Covina City Hall. The Pledge of Allegiance was led by Councilman Barnes, with the invocation given by The Rev. Konrad Koosman of the Christ Lutheran Church. .ROLL CALL Present.- Mayor Heath, Councilmen Towner, Barnes Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Harry C. Williams, City Attorney Mr. Harold Joseph, Planning Director Mr. Thomas Dosh, Public Services Director Absent: Councilman Snyder (to 7:55 P. M.) Councilman Brown APPROVAL OF MINUTES May 22, 1961 - Approved as corrected as follows: Page 27, relative to the statement of Councilman Barnes in the fourth paragraph from the bottom, should read "happens in the right of way" instead of "happens to the right of way" as shown. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the Minutes of May 22, 1961 be approved as corrected. CITY CLERK'S REPORTS PRECISE PLAN NO. 147 LOCATION: Southwest corner of Accept Street Improvements Orange Avenue and Badillo,Street (Myers Brothers) APPROVED Authorize release of Continental Casualty Company Bond No. 1522391 in the amount of $3,500.00. City has accepted deposit in the amount of $2,552.00 for their share of improvements in connection with City Project No. 126. The City Clerk stated that the bond had been deposited to cover the installation of improvements on this precise plan. Because of the berm on Badillo Avenue, only temporary improvements were to be installed. Now we have arrived at the actual amount, in cost, for permanent improvements, so it is being requested that the bond be released and the acceptance be made of $2,552.00 to cover permanent improvements now that the temporary berm is being taken out. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the cash deposit of $2,552.00 be accepted and the bond of Continental Casualty Company in the amount of $3,500.00 be released as recommended by the staff. n U I� c. c. 6-12-61 TRACT NO. 21913 Accept Street and Sanitary Sewer Improvements (Leader Construction Co.) APPROVED Page Two LOCATION.- North side of Merced Avenue, east of Valinda Avenue. Inspector's final report covering both street and sanitary sewer improvements and signed Certificate of Completion are on file. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that street and sewer improvements in Tract No. 21913 be accepted and authorization given for the release of United States Fire Insurance Company Bond No. 586800 in the amount of $19,500.00. METES AND BOUNDS NO. 135-137 Accept sidewalk (James D. King) APPROVED SUBDIVISION LOCATION-, West side of Lark Ellen Avenue, north of Louisa Avenue. '' improvement Inspector's final report on file. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that sidewalk improvements in Metes and Bounds Subdivision No. 135-137 be approved and authorization given for the release of Hartford Accident & Indemnity Company Bond No. 3109108 in the amour.t.- of '$176.00. PROJECT NO. C-132 Accept Street Improvements (Jasper N. Haley) APPROVED LOCATION.- Service Avenue, east of California Avenue. Notice of Completion signed by City Manager as recommended.by Department of Public Works staff is on file. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that street improvements in Project No. C-132 be approved and authorization given for the payment of Purchase Order No..5751 in the amount of $1,845.20 subject to Notice of Completion proced- ure. RESOLUTION NO. 2113 (Precise Plan No. 162 - Maurice Kandel) ADOPTED Mayor Heath-, 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 IN PRECISE PLAN NO. 162 OF SAID CITY." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows; Ayes-, Councilmen Towner, Barnes, Mayor Heath Noes. None Absent.- Councilmen Brown, Snyder Said resolution was given No. 2113. • • c. c. 6-12-61 Page Three PROJECT NO. C-147 LOCATION: Vine and Glendora Approve Plans and Specifi- Avenues. cations with authorization to call for bids For traffic signals. APPROVED Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that Plans and Specifications in Project No. C-147 be approved and authorization given for the City Engineer to call for bids. RESOLUTION NO. 2114 (Precise Plan No. 126 - LaRonde Apartments) ADOPTED Mayor Heath: 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 IN PRECISE PLAN NO. 126 OF SAID CITY." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Towner, that said.resolution be adopted. Motion passed on roll call as follows.- Ayes.- Councilmen Towner, Barnes, Mayor Heath Noes: None Absents Councilmen Brown, Snyder Said resolution was given No. 2114. RECREATION AND PARKS CANVASS OF RESULT OF BOND ELECTION June 13, 1961 at 7:00 P.M. for of the balloting and counting tive to the bond election. WRITTEN COMMUNICATIONS It was noted that the City Clerk brought to the attention of the City Council that this meeting would be adjourned to Tuesday, the purpose of canvassing the result of the absentee voter ballots rela- CHAMBER OF COMMERCE APPLICATION West Covina Center, 1100 block of REGARDING PROMOTIONAL BANNERS East Garvey Avenue - June 15 up to FOR FOURTH OF JULY FIREWORKS and including July 4, 1961. SHOW APPROVED AS STIPULATED In discussion it was noted that a similar request had been previously granted for this location, at which time a problem had developed in relation to the banner which had flapped around considerably and even fell at one time, almost hitting some automobiles. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the request of the Chamber of Commerce for place- ment of the promotional banner be granted, but subject to City Safety Committee review and approval. C. C. 6-12-6.1, Page Four REQUEST FOR TEMPORARY USE To add amusement rides and Chucko PERMIT APPLICATION BY the Clown to a show scheduled for EASTLAND SHOPPING CENTER June 14 to 18, 1961 which was APPROVED AS STIPULATED previously approved by the Council • on May 8, : 1961. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the requested application of the Eastland Shopping Center be approved, but subject to the approval by the City Safety Committee in checking on the additional rides. Councilman Towner-. I will 'go along with this, as I have in the past, although person- ally, I believe these rides aren't too desirable. However, I understand that one of the requirements of the Safety Committee is a certificate of insurance that covers these uses for the time period involved. City Clerk Flotten-. City, its officers and employees That is correct, and we have that certificate before we permit such uses to open and it also holds the harmless. REQUEST FOR TEMPORARY USE Sun -Fran Center at Sunset and PERMIT APPLICATION Francisquito Avenues - June 14 APPROVED AS STIPULATED to 18, 1961. The Big Dutchman & Assoc. for Thriftimart Markets and K & K Show of Shows, for promotional purposes. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that for the request for the temporary use permit appli- cation be approved, but subject to the approval of the City Safety Committee. Councilman Snyder entered the Chambers. REQUEST FOR TEMPORARY USE Canadian Legion - For two fireworks PERMIT APPLICATION stands locations. APPROVED AS STIPULATED Safeway Store parking lot at 1423 Puente Avenue. Vacant lot, south of Akron Store, on Citrus Street. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the request of the Canadian Legion for two fireworks stands at the indicated locations be approved, subject to the re- view and approval of the Fire Chief and the required State,permits. SCHEDULES MATTERS HEARINGS DISTRICT A111-57-3 Hearings of protests or objections Sanitary Sewers to the modifications of the work Modifications of Work proposed to be done in Lark Ellen Proposed to be Done Avenue and other streets and rights of way. Set for hearing this date • • C. C. 6-12-61 Page Five DISTRIC..T A.B._11-57.-..3--- Sani_tary_-Se.we.rs - Continued by Resolution of Intention to Change Work Proposed to be done No. 2096 passed by the City Council at their regular meeting of May 8, 1961. The City Clerk described the modifications to be made to the work in this district to members of Council at a cost of $938.89. It was further stated that proper notices of this hearing had been published in the West Covina Tribune on May 18 and 25, 1961. 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 being no testimony presented, the hearing was declared closed. RESOLUTION NO. 2115 ADOPTED The City Clerk presented; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING. CERTAIN MODIFICATIONS OF THE WORK PROPOSED TO BE DONE IN ASSESSMENT DISTRICT A,111-57-3." (Lark Ellen Avenue and other streets and right of way) Mayor Heath.- Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Snyder, that said resolution shall be adopted. Motion passed on roll call as follows.- Ayes-, Councilmen Towner, Barnes, Snyder, Mayor Heath Noes-, None Absent-, Councilman Brown Said resolution was given No. 2115. ZONE CHANGE NO. 182 HELD OVER AND HEARING CONTINUED TO MEETING OF JULY 10, 1961. PRECISE PLAN OF DESIGN NO. 266 (Ralphs Grocery Company) LOCATION-, 1742 Puente Avenue, between Eileen and Azusa Avenues. REQUEST: To reclassify from Zone R-P and R-A Potential R-P to C-1. Denied by the Planning Commission on May 17, 1961, their Resolution No. 1044 and appealed by the appli- cant on May 18, 1961. Request for the Adoption of a Precise Plan of Design approved by the Planning Commission on May 17, 1961, their Resolution No. 1045 and called up by,the Council on May 22, 1961 for review. The City Clerk stated that the record should show that the notice • of this hearing was published in the West Covina Tribune on June 1, 1961 and that 49 notices were mailed to those in the area on May 31, 1961. Q. C. 6-12-61 Page Six ZONE CHANGE NO...182 and PRECISE PLAN OF DESIGN NO. 266. - .Continued Mayor Heath opened the public hearing and stated that'all of those desiring to present testimony should rise and be sworn in by the • City Clerk. IN FAVOR Mr. Bernard E. Ingram Mr. Ingram stated that he was repre- 704 E. Rowland Avenue senting the applicants in this Covina matter and speaking as the repre- sentative attorney in the absence of Mr. Francis J. Garvey who could not be present due to illness. Mr. Ingram indicated that he desired to advise the Council, at this time, that.it is desired that Precise Plan No. 266 be withdrawn from consideration and that the Council consider only the appli- cation for the zone change, and that the company will, in the near future, submit a new proposed precise plan to the Planning Commission for their approval. It was indicated this request was due to the fact that, since the approval of the precise plan by the Commission, some of the then proposed tenants had withdrawn and others were negotiating for that space which might result in a considerable re -arrangement of the buildings as previously shown. It was felt it was better to present a fresh start on a precise plan rather than an amendment, which would probably supersede the original in any event, and since the zone change is .completely independent of and cannot be made contigent upon layout of buildings, the request should present no difficulty to the Council. Mr. Ingram stated the amount of acreage, net, after streets, etc., area are taken out of the total and indicating the frontage along Azusa and Puente which is already presently zoned C-1 to permit service station use with the balance R-P and R-A potential R-P with the intent of this zone change to reclassify the entire par- cel to C-1. Mr. Ingram went on to relate the changes in the area on the east and west side of Azusa from Rowland to Puente and further south • and north to the City of Azusa, which had previously been citrus groves and the homes of grove owners with only, at one time, the area at San Bernardino Road and Azusa having the Market Basket and the Dinnerhorn Restaurant. Since that time, Azusa Avenue had been widened into a 100-foot highway with a media strip separation and traffic volume more than doubled. These matters justify amend- ment to the general zoning ordinance from what it had been in the past. An aerial photograph was introduced by Mr. Ingram showing the area from the freeway north to Pacific Electric Railroad tracks in the City of Covina on which had.been indicated commercial zoning and those areas granted commercial zoning use by variance, with sub- ject property indicated at its location and streets lettered for • easier viewing of this map. Included is the area in Covina along Azusa Avenue showing the development all along the highway. Speci- fic indications were then stated relative to various zonings in • this area such as the Eichstaedt automobile agency, liquor stores, barber shops, restaurant under construction, etc., on the west side. Service station locations in the area were pointed out and their zoning indicated, and also the American Legion Hall having C-2 with residential -professional uses further north and on the west side, opposite, zoning already commercial. The golf course and vacant property was indicated and, the apartment buildings on both east and west sides. C. C. 6-12-61 Page Seven ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Mr. Ingram - Continuedo The -depth of the property on Puente Avenue and Azusa Avenue was indicated and west of subject property were eight single family residences on Eileen Avenue and south of the property is Pioneer School. It was stated this property is at an intersection of a major and secondary highway and in West Covina there are only three east - west streets that go through without interruption, with Puente Avenue the most logical to be heavily trafficked as a carrier, because it is the only street that starts east of the City of Covina and runs continuously through to join the City of Baldwin Park. This site is logical for such use, owing to the traffic pattern. It was noted that in Ralphs seeking a location in the East San Gabriel Valley, where the applicant is not represented, it was desired to obtain good access for deliveries and to be at least 1/2 mile from any immediate competition. After months of study, this site was selected as most nearly meeting the requirements of this company for the valley area. Mr. Ingram then went into the various distances of the other markets in the area, specifically indicating the Market Basket to the north as 1/2 mile, the nearest competition as McDaniels Market at Hollenbeck and the freeway, and even further away, barring real competition was the Alpha Beta and Safety and Hirams in Covina on Citrus, and the Safeway at Irwindale and Puente. The closest competitors to the south in relation to a chain is at the Plaza and a market at the Center and one at south Glendora Avenue. It was indicated that the area was ample to support the size of this store contemplated. A house to house count had been taken prior to the hearing before the Commission, from March 28 to April 4, within a half mile circle from Azusa Avenue and Puente Avenue, indicating 1,550 residential units, including 200 multiple units. A study made by Mr. Eisner for Covina, covering this same area, indicated 3.9 persons per single family dwelling and applying this to the units indicated there would be 5,000 individuals within • the concentrated square mile. As can be determined, the outer limits of the 1/2 mile circle are within convenient walking distance and only two minutes driving. There was a question of the further need of commercial zoning in this area and the effect on residential properties raised in the Commission hearing. It should be indicated to the Council that no zoning validity is based on the fact that existing business must be supported or competition prevented. The conclusion of the Planning Commission that this neighborhood shopping center provides too much competition for presently existing businesses in the City is invalid and should not be considered. The findings of the Planning Commission was inconsistent with the . evidence given at their meetings and the applicant presented the same facts now before you regarding Azusa Avenue and the closeness of competition of this sort. The only thing indicated by opposition was the markets within the area. The statement on Page 16 of the Planning Commission Minutes by the Chairman are not evidence, but merely personal opinion. Also, the Planning Commission in their resolution have misconstrued the meaning of strip zoning.in attempting to apply that to this zoning. This strip zoning applies to checkerboard zoning where C� 11 • 40 C. C. 6-12-61 Page Eight ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued certain streets were designated to be separated from residences by 16 to 20-foot alleys and in the City of West Covina strip zoning is typified by the old Center and upper Glendora Avenue. It was indicated that the freeway constitutes a trade barrier be- tween north and south, and that the Azusa Avenue pattern makes it definitely a non-residential area in character. However, nothing specific has been indicated to be done, although uses have been granted piece -meal over a period of time, but the tendency has been more commercial rather than residential. It was indicated that from the beginning of public studies until the adoption of a general plan is a matter of years and not months, and the Planning Commission is indicating that this property and other` properties should pay taxes without benefit of usefulness until the Commission finds itself capable of making a satisfactory decision. It was further indicated that the central business districts have Very low vacancies and this would indicate they would not be hurt in any manner by any additional competition such as this. There is inconsistency in the approval of the precise plan and not the zone change, because if the zoning wasn't good, then a precise plan would not have given adequate protection. The eight houses on Eileen went in after the golf course use was placed there, and in 1956, a plan and use would have permitted a motor vehicle agency here, which was also prior to these homes going in here, yet the people indicated they bought homes here because it was to be all residential property. Mr. R. Ralphs There seems to be some concern Ralphs Grocery Company because we are requesting with- 3410 W. 3rd Street drawal of the precise plan and Los Angeles concern whether we were, perhaps, in some way speculating on the land. Our record stands clear that we are not land speculators and our only purpose is to build a market and to do it after we are able to determine the exact plan to put into effect on this property. The rest of the ten- ants are not yet set, but it will be determined quickly after zoning is accomplished, and we will build the market and have the balance of the tenants. IN OPPOSITION Mr. A. Gaylen I appeared before the Commission 649 Butterfield Road and illustrated at that time that West Covina it wasn't just the few houses objecting to this, and presented a map and a petition as to just how many were actually objecting to this use here. We feel we are entitled to certain protection for our property and for our children. The parties went to great length to say this wouldn't affect our property, yet by their own testimony it was indicated this would affect property as much as four or five rows of houses back from the shopping center. C. C. 6-12-61 Page Nine ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Mr. A. Gaylen - Continued-, As to safety and protection of our children. The schools which . drain into this area are located to the south and east of subject property. This means that children living within the City residing north of Puente Avenue and west of Azusa Avenue must traverse Puente Avenue each day in attending Covina Highschool. Also, there are a great number attending Traweek School, which is on the east end, and which again necessitates passing this area. You can see what a problem this may be to us. We have only to look at a similar shop- ping area located in Covina, Market Basket, and note the volume of traffic flowing in and out of these parking lots. Look at the problem of the eight.property owners backing up to this .property. We not only have this zone, and they are standing alone, but now they have withdrawn their precise plan so we do not know what will be done to protect these people. The previous plan wasn't felt to be sufficient protection to their present value., and to keep away the affects of this shopping center. There is a consistent flow of traffic delivering merchandise and all is not within business hours, many such deliveries are made very early in the morning hours, to cause noise and disturbance in the area. This use isn't necessary to the area. There is adequate commercial zoning in the City and some to the south which is undeveloped and we do not feel this R-P should be placed in commercial at this time. We feel it was the intent this be developed in a similar manner as directly to the north, which is apartment projects, and this would maintain the same type of property use as originally intended in the past planning of this City. Mr. S. Barkoff My property abuts this property. 630 N.,Eileen Avenue They speak of the golf course here, West Covina but they want C-1 all the way up to our houses. On Rowland and • Azusa there is C-1 property, but there is R-3 property protection around it, and I do not see why we can't have R-3 property protecting our homes. Mr. A. Munch In listening to the plans they had 1611 E. Puente Avenue for this property, we felt it was West Covina so large that it bordered on a C-2 use rather than a C-1. In the precise plan presented, there was no R-3 buffering zone as you have seen fit to place on property that has previously been up for variance. Instead of giving us R-3 buffering, they are giving us an alleyway down which trucks will be traveling back and forth. This zoning that these people are asking you to give will not only effect this piece of property, but the other two corners on the northwest and northeast have been before you for variance from R-P, which is in the plan at the present time, and both of these applications this body has seen fit to deny and to hold for resi- dential -professional planning as on the master plan. If C-1 is given here, the other owners will be back for reconsideration and Unless you would wish to be charged with discrimination you would C. C. 6-12-61 Page Ten ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Mr. A. Munch - Continued-. have to grant.C-1 also on that, so you would have a strip of this up and down on both sides of Azusa and with the residential having no protection. Mr. N. McNeil I know the proposed parking for 636 N.. Eileen Avenue this area, but now they are changing West Covina the plan, but the way it was to be- gin with, with the drug store start- ing here, people coming from the west down Puente Avenue, even though there would be off-street park- ing, would park their cars along here along street first, and if ISusiness would get larger, they would start parking on the streets all around. I am familiar with this condition, because when I lived in Arcadia where they put in a shopping center next to me. You also have the nuisance of litter on your lawns that is thrown from these cars. The City Clerk read the resolutions of the Planning Commission. IN REBUTTAL Mr. Ingram-. So far as the safety of the school children, there are to be sidewalks along Puente and Azusa Avenue. An adverse condition exists now along Myrtlewood with no curbs and which juts out into.the streets, yet it is marked as a crosswalk for children and it has been the recommendation that the entrance into this area be aligned with Myrtlewood so there could be good crossing at this point. For children, this use would enhance the safety factor and be safer than what they are presently forced to do. As to the proximity of schools to such a use, we have an example at Barranca School which is so near Eastland and there has been little detriment resulting to the school or school children as to safety with such a large shopping area in such close proximity. No building permits can be approved until there is a precise plan `approved by the Planning Commission. There have been many concessions made such as trees, pick-up in- side, and deliveries are not made earlier than 7-30 A.M. and not later than 6:30 P. M. It has been contended this should be reserved for R-P use, but no person is asking for that development. The purpose of zoning is for its highest and best use of property, and the best evidence of the highest and best use is that this company is willing to invest a large sum of money in this area. There could be no forcing of this use into the central area where they are in direct competition with the remainder of the markets. There being no further testimony, the hearing was declared closed. C. C. 6-12-61 Page Eleven ZONE CHANGE NO, 182 and PRECISE PLAN OF DESIGN NO,.266 _ Continued, Councilman Towner- It seems tome we have a problem here that is perennial and which we hope to eventually resolve by the over all master plan'study which would include the effect of possible rezoning of Azusa Avenue related to the entire area of the City as well as the immediate effect on the immediate area of Azusa Avenue. It had been my hope we would have no'major application for zoning pending the completion of`that study. However, we are now faced with it, and I think it is a question'of whether we want to go ahead and make a major change of this nature without having that study. I am pleased to see this market desire to come in, and I would like to see them in the City. It may be this is the place for it, but I have some reservations about that. The applicant, itself, did indicate five markets within shopping distance and a substantial shopping center within a half mile. I think without a precise plan, we have no tool to protect the home owners from this development, and I would be reluctant to allow this zone change without a precise plan. This project has substantial merit_, but I do not think it is sufficient in my mind to justify it. Councilman Snyder.- As has been stated, this is a per- ennial problem, even before this .Council was elected, but"the question here is what merits does ;this have to consider this one when we have previously turned down several developments. The only reason I can think of to make me consider this is that it is a large development., less homes involved, and the size allows it to give better protection to the homes. It is in a good area as to traffic and streets, and it is difficult to see how it will develop as R-P or ever be developed as R-lo We do have. a duty to protect people that we have invited to do business in West Covina previously not in restricting competition, but not to plan so much that we will have idle stores, However, I believe that Ralphs staff have spent time and money to find out whether they should go here, and they probably know better than we if it will be a going proposition. So far as the general plan, we possibly should consider whether we are using that as an excuse to postpone zoning. I do not think it is going to come up with all the answers, and that we are going to have to decide some of these things before. Although I have been against commercial zoning on Azusa Avenue because it has been in relation to so much smaller properties, this is a very large development, well planned, and I think it should definitely be considered for approval. Councilman Barnes.- I was disappointed to see the appli- cant withdraw their precise plan, because it had been worked out with the Planning Commission and the Planning Department to protect property owners with proper buffering and other stipulations. C. C. 6-12-61 Page Twelve ZONE CHANGE NO. 182 and PRECISE PLAN OR DESIGN NO. 266 - Continued Councilman Barnes - Continued-. I think the size of this particular piece of property lends itself to this type of use, but I do want to see the property owners ade- quately protected at the same time. So far as the trucks coming into the area, insofar as traffic is .concerned, this would be an ideal area. We hope to make Azusa Avenue a truck route and this would be a very good use in this respect. I do wonder about the proximity of schools and the children insofar as traffic, whether there is adequate protection and whether these crosswalks will be adequate for a shopping center of this size, but we must also consider that we have a main street in Azusa Avenue which is a hazard in itself, and I do not think we can protect the children against this. I feel favorable towards Ralphs in that they have picked a very large site which could be developed most adequately, Mayor Heathy I am confused by the Planning Com- mission'in that they turned down the zoning and then approved the precise plan. The reason they seem to turn down the zoning was that they wanted to protect the people and yet they approved the precise plan, with modifications, and say "this, to us, protects the people." I can't quite understand it. We have the question of whether we want to proceed with our zoning or not at this time or wait until the master plan is completed. I think that in our Country, we are operating on free enterprise, and a man should be allowed to develop his property when he desires to do so, and I do not feel it should be held up for some reason on our.part, or he should be penalized, because there is no precise plan. It is our fault we have not had a master plan, and if a man wants to develop his property, I do not feel we should necessarily penalize him for it. I think we are getting too strict on com- mercial restrictions and in denying commercial. We were told about three years ago that we had too much of com- mercial in the City, but I challenge this statement because now we do not have the same man who made that statement to us, but we have taken someone else to do a similar job. I think we should get as much commercial as we can, and I do not believe this use here will detract from other stores in our shopping centers, and I do not think that is true. So far as the property is concerned, I do not know how you can develop it R-P or R-1 and in looking at the depth of the R-3 along Azusa, I would hate to see this whole mass go R-3. Being along a major and secondary highway, I think it is appropriate for com- mercial. I would like to see it develop commercial, but I would also like to see the people in the area well protected. • Councilman Snyder-. Because of the size of this, it isn't really strip zoning. I am trying to think of all the argu- ments in the past relative to Azusa Avenue. C. C. 6-12-61 Page Thirteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Councilman Towner: I am in agreement on that point be- cause of the depth and size it is going to be developed as a unit. iThe problem here is different than other pieces of property on Azusa which have been residential size in depth and very difficult to precise plan and adequately protect the people. On the other hand, the very size raises the question as to need for this type of commercial, and before we make this substantial change, it seems there should be some evidence. Maybe we have evidence as made by the applicant itself, but that is in relation to a super -market and not to satellite stores that would go along with it, This is why I wanted to wait for the master plan, to see if there is enough commercial. This may not be true, but there is no special evidence from the specialists to tell us this. I think it is pretty clear why the Commission approved a precise plan. The reason they did it was obvious, it was that if the zoning was going to Council and their decision was reversed, they wanted the precise plan to be able to be considered with all the ramifications and so it could be considered by Council. That is why they did it, and the applicant has now withdrawn it and due to this, it seems to me the protection to the people is wiped out. Councilman Barnes: If a new plan is submitted to the Commission, I am sure they wouldn't approve it unless it had at least as much as this present plan, if not possibly even more. Councilman Snyder: I, too, wondered about the need of the satellite stores, but I am sure that Ralphs wouldn't invest this much in their own store unless they felt there was a definite need. Are they going to own and lease the satellite stores? Mr. Ingram: Mr. Ralphs: store location as presented on They will own the entire property, but will not build the other stores. Thrifty Drug and Grant's were possibly considering to go into the drug location and department the plan. Motion by Councilman Snyder, seconded by Councilman Barnes, that Zone Change No. 182 be approved. Motion passed on roll call as follows: Ayes: Councilmen Snyder, Barnes, Mayor Heath Noes: Councilman Towner Absent: Councilman Brown Councilman Towner: We have a precise plan withdrawn 10 and rezoning without a precise plan or any assurance to whom is develops it. Undoubtedly Ralphs intention is to place their use here, but there may be a change of circumstances which could pro- hibit that. • C. C. 6-12-61 Page Fourteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Councilman Barnes; Possibly we could accept the plan and if they change it, they could go back and ask for changes. This possibly would give adequate protection in accepting this plan now. Councilman Towner.- The plan was approved by the Com- mission and called up by Council. Is it possible to go ahead and consider the precise plan? City Attorney Williams.- At any time before the action on the precise plan bec-omes final, the person who applied for the approval may withdraw the application, and it would then be dis- missed. Councilman Snyder: Councilman Towner-. City Manager Aiassa-. Councilman Towner: Mayor Heath. - mean they would have Councilman Towner-. City Manager Aiassa-, Councilman Towner: It would seem this has been with- drawn, and if so, how could we take any action on it? You would then have ten acres of "C" zoning with no precise plan. The zoning would not be firmed up until you adopted the ordinance. Perhaps we could reinstate the plan and we would have that much pro- tection to it. It would give no more protection, because if they get zoning now and we pass the plan that doesn't to use that plan. oping as one unit subject Councilman Barnes-. Mr. Ralphs-. Yet it would give some sort of plan on this. You could hold off the second reading of the ordinance subject to a precise plan approval. If we zone this whole area, there is nothing to prevent this being sold off_' whereas now it is devel- to an overall prectse;,plan. to go back to the Commission, ask for another precise plan. Councilman Snyder: That is a good point, as they could use this zoning as spec- ulation rather than build on it. Indications are the precise plan is not proper for development of the property, and we did not want after you have overruled them, and They would have to reconsider it anyway. • • c. c. 6-12-61 Page Fifteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Mr. Ralphso Councilman Snyder. - Mr. Ralphso Mayor Heath: final reading of the ordinance of design has been approved? Mr. Ralphso There are tenant changes not indi- cated on the plan. How soon would you be ready with a new plan? Within six weeks to two months, I couldn't say for sure. Zoning does you no good unless you have a precise plan. Do you have any objection to holding up the granting zoning until a new plan We wouldn't want to run it on. Mayor Heath: This action we take tonight isn't final, and there must be an ordin- ance prepared and read twice ---two different readings --thirty days after that second reading the zoning becomes final. Would you object to this second reading granting your zoning being held until you have approval of a precise plan? Mr. Ralphs< Our escrow is subject to the change of zone and if we purchase property and we have change of zone and close in escrow, and for some reason the final reading doesn't go, then we have purchased property on a zone basis that isn't actually zoned. Mayor Heath: We want to protect the area and City, so you do not sell this land tomorrow. We know you are upright and honest people, but if something happened and you found another or possibly what you considered a better location, you would have firm zoning here and you could sell it and it could bring in some- thing that would not be to our liking. We desire to protect our- selves until a similar or better plan is placed on this property. Councilman Barnes: Mayor Heath: so as to possibly permit us Mr. Ralphso Councilman Snyder: Mr. Ralphso If the zoning was final, without a plan, you could add different stores or layout other than this plan now indicates. Would you have objection to with- drawing your statement that you would like to withdraw this plan to act on the plan? We do not want you to act on the precise plan. We do not want to act carte blanche on the zoning without a precise plan. We are acting on the zoning because you are you. Under the instruction of the Board of Directors, I am not to have this precise plan approved. U c. c. 6-12-.61 Page Sixteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Councilman Townero Council should remain in control of this and if you desire to act on zoning tonight, go ahead but give no final approval until they have a precise plan. On the basis of discussion we have had after the vote, I think it could be noted that the majority wants a precise plan, and if this was acted on tonight there would only be thirty days to get a pre- cise plan, but you might want to hold it open for more than thirty days so you can reverse your action to hold the hearing open or whatever is available to you. Mayor Heath called a recess. Council reconvened at 9.-45 P. M. Motion by Councilman Snyder, seconded by Councilman Barnes, and carried unanimously that the previous motion relative to granting the zone change be reconsidered and rescinded. Motion by Councilman Snyder, seconded by Councilman Barnes, and carried unanimously, that the action of closing the public hearing be reconsidered and rescinded and.the matter of Zone Change No. 182 shall be held.over and the hearing continued to the first meeting of July (July 10, 1961). Mayor Heath.- We closed the hearing, discussed the proposal and voted to grant the zoning. However, it is Council's feeling that they do not want to grant just zoning on this property without having some control of it with the means of a precise plan. If zoning was granted without a precise plan, it is quite possible anything could be put in here, which isn't what Council desires. The law states that on an appeal, unless the Council acts within thirty days of the closing of the hearing, yes or no, the Planning Commission action becomes final. So long as the Council hearing is held open, this thirty days doesn't start and it gives the proponents an opportunity to review their plans and precise plan to see if they can come up with something suitable to the City. As it stands presently, the hearing is still open and no zoning granted, and the vote to grant the zoning has been rescinded. PLANNING COMMISSION METES AND BOUNDS SUBDIVISION NQ., 135-180 HELD OVER TO NEXT MEETING (M. Howard) LOCATION.- Southwest corner of Far View Lane and Spring Meadow Drive. 1.91 Acres - 2 lots - Area District III. Approval recommended by Planning Commission on June 7. It was noted that Council indicated previous discussion on this area although the questions raised at that time were not well remembered at this point so it was indicated that there would be a report presented relative to this area. 0 • c. c. 6-12-61 Page Seventeen METES AND BOUNDS SUBDIVISION NO. 135-180 - Continued Motion by,Councilman Barnes, seconded by Councilman Snyder, and carried, that Metes and Bounds Subdivision No..-135-180 be held over to the next meeting. METES AND BOUNDS LOCATION-. Easterly side of SUBDIVISION NO. 135-181 Roberto Avenue, north of Harvard (Frank DePietro) Street. APPROVED 10.834 + - 4 Lots - Area District I Approval recommended by Planning Commission June.7, 1961. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that Metes and Bounds Subdivision No. 135-181 be approved, subject to the recommendations of the Conditions of the Planning Commission. REQUEST TO SOLICIT Republican County Central Committee. Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that the request for license to solicit by the Republican County Central Committee be granted and the fee be waived. Mr. Goodspeed indicated this was to contact registered Republicans in the City relative to solicitation for funds, work, distribute literature and also to register people who may wish to register a's Republicans. REVIEW OF PLANNING COMMISSION ACTION RECOMMENDED FOR APPROVAL APPROVED - Precise Plan of Design No. 277 Precise Plan of Design No. 278 Precise Plan of Design No. 280 Unclassified Use Permit No. 56 and Precise Plan of Design No. 276 Zone Change No. 185 - Before Council June 26 Zone Change No. 187 - Before Council June 26 Zone Change No. 188.- Before Council June 26 DENIED Variance No. 343 UNDER SUBMISSION Proposed Amendment No. 48 Metes and Bounds Subdivision No. 135-179 Variance No. 342 and Precise Plan of Design No. 164 (Amend. C) C. C. 6-12-61 Page Eighteen REVIEW OF PLANNING COMMISSION ACTION - Continued Council requested none of these items, except as indicated, be brought before Council, but it was indicated that a copy of the precise plan relative to Fed Mart - P. P. No. 276 - be shown to • Council at the adjourned meeting Tuesday for review to see if it is desired this be called before Council. GENERAL MATTERS ORAL COMMUNICATIONS Mrs. M. Van Dame.- You have been talking about the over all plan with Mr. Eisner. I do not understand this. Sup- posing a person has a piece of property and Mr. Eisner zones it a certain zone. The Planning Commission can't change that, they have to abide by his ruling. Mayor Heath.- It is a general plan only. It does not pick out any particular lot. Mr. E. LaBerge; when it came before Azusa 74 feet wide. Heath, call it a mom when you have wealth your mind. Mayor Heath: Councilman Snyder. - If I recollect correctly, I was granted approval of "C00 zoning by the Planning Commission, and your body, it was denied for property along I heard Councilman Snyder and you, Mayor and dad operation. It shows what you can do behind you and I can't see how you can change You have also quoted me as saying that by a letter and the Minutes do not read that way. I never said that, Mr. LaBerge.- You, Mayor Heath, said that and Councilman Snyder said to wait for the master plan. Why not wait for the master plan on this decision? I think you present should have the courage..and good taste to call my plan up and rezone it. I have spent $1,500.00 on it, and this whole thing is pitiful. Mayor Heath.- The comment was made it was a small construction, and Ralphs is a large construction. Half size stores in there were turned to commercial. The Minutes read as pla6 as can be that if these small stores were turned to commercial, it would be a momma-papa establishment. I didn't say Mr. LaBerge was running such an establishment, but I said that if a store this size were turned to commercial, it would lead to momma-papa development which we do not want in the City. It says this in the Minutes, very plainly. Mr. LaBerge.- Why subject to that? I have a perfect right. I can't build and I .can't rent it for R-P, but I can build and rent for "Cl. C. C.=6-12-61 Page Nineteen ORAL COMMUNICATIONS - Continued Mayor Heath.- This piece of property you have R-P next to the Legion Hall is • small buildings, and if it were zoned commercial it would be momma-papa size stores. So far as .further up Azusa, I didn't say that. Councilman Barnes: Mr. LaBergeo Councilman Barnes. - Mr. LaBergeo Councilman Barnes-. Councilman Snyder. - I do not think it will give us of property. Mr. LaBergeo Councilman Barnes. - Mr. LaBergeo Councilman Barnes. - Councilman Snyder-. Mr. LaBergeo Councilman Snyder: What was the zoning on this property when you bought it? Potential R-P. Do you feel the Council owes pro- tection to you as an investor? Not at all. We can't protect people's invest- ments. The facts do not apply. We con- sidered a different set of facts. So far as the general plan goes, solutions for these little pieces I would like these rezoned and I can't rent as it is. You can't get R-P on it? It has R-P. And that was the potential on it. Do you feel this was directed against you or judged on its merits? All you said was to wait for the master plan. Councilman Towner was the only one who indicated this tonight. I don't think the master plan will give all the answers, and I have said this. Mr. LaBergeo I think a lot of you have lost "C" zoning in the City because of the way you have done things in this area. With Zug's property "C" and the Legion Hall "C" on variance, I should get Commission approval of my property. Councilman Barnes. - They would have to depend on proper development. Mr. LaBergeo I have proof that there should be "C" operation there. I can get three operations there for "C". I hope you will reconsider "C" operations here when I bring this up before you. C, C. 6-12-61 Page Twenty EXTENSION OF'VALENCIA Councilman Towner- The reason for HEIGHTS WATER CO. LEASE it is that the Edgewood League was granted permission to use property and develop it, and they expected to put substantial sum of money into it for a Babe Ruth League group. There was some opposition from the franchise leagues, and the matter did not go through to enable this to be developed this year, although the Edgewood League is anxious to do this. The Park and Recreation Commission was concerned and one of the things was that if there was a hold up on the Edgewood League development on this property, the lease would run out and the investment lost before there was an opportunity to get the program going. The other matter holding them up was the possibility they might have to shift over to some other use after putting money into it. I talked to the League President and showed him a copy of the lease, and I understand he took it to his Board and other officers and they have assured me they intend to go ahead with development of the property now that they understand the lease, and they are willing to go ahead on the basis of the present lease. They also understand the six months cancellation with the City having first option to buy and have sufficient insurance from the City the League will get the use of the property there to put program in. I think their fears are substantially out of the way and that we can report back to the Recreation and Parks Commission that the present lease is satisfactory. There was another question of the need to run some water over there and they are willing to spend money on it, and Mr. Gingrich is working on it with them. They also needed to grade the property and they wondered if any City equipment would be available to do that, but I stated to them "probably not", so I think they will do it on their own. But it is substantial money they will put in there and I think we should assure them they will get their use out of it. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the Recreation and Parks Commission shall be ad- vised that the present lease on the Valencia Heights Water Company property is satisfactory to the Council and to the Edgewood League. The City Clerk was given a directive to draw up a resolution of the Council commending the Recreation and Parks Commission, League of Women Voters and all cooperating organizations and staff on the work and support done on behalf of the recent bond issue. TEEN-KAN-TEEN MEETING June 24, 1961. Councilman Towner agreed to attend • and questioned that if the Teen -Kan -Teen Corporation is dis-incor- porated and go out of business, shall all assets be turned over to the City, The City Manager questioned as to whether there were any liabilities and Councilman Towner stated he meant net assets. C..C. 6-12-61 Page Twenty-one TEEN-KAN-TEEN MEETING - Continued Mayor Heath questioned as to whether that could be done, as the money had been donated for a particular purpose, but Councilman Snyder indicated that circumstances would probably not enable it • to be given back. The City Manager indicated any monies should be utilized for the improvements in the City that it was raised for. Councilman Towner asked why can't the City receive it as a gift toward the construction of the youth recreation building in Cam- eron Park? It was noted that probably Councilman Towner should have a meeting previous to June 24 to discuss this matter in case they desire to disband on that date, so there would be proper clarification. The City Manager stated there could, perhaps, be a meeting with Council, Teen -Kan -Teen and the Parks Commission to know just what is what. Councilman Barnes remarked on the investment by persons in name tiles and which is protected money, and possibly shouldn't be used for anything else. Councilman Snyder stated he had made such an investment and he would be just as happy to see it used anyplace in the City related to park and recreation use, and that probably legally the City has no reason to protect the people relative to the purchase of these tiles. However, Councilmen Barnes and Towner felt there might be some moral obligation to consider on this matter. The City Attorney indicated that there should be yardsticks in the incorporation which should provide for whatever happens. It was finally indicated that Mr. Aiassa look further into that matter. ADOPTION OF TREE LIST CITY MANAGER REPORTS It was noted that this matter shall be set up for final action at the next regular meeting of the Council. NOTE.- The item indicated below was inadvertently left out of City Manager's Report and should be inserted with those reports. SIGNED CITIZENS PETITION For the prohibition of bells and other shrill noises used on ice cream trucks and other vendors' trucks for the purpose of attraction to peddle their goods and further containing the suggestion that possibly ice cream trucks could be prohibited from selling in the City altogether. This matter was referred to the Police Chief for report. • • 9 c. c. 6-12-61 Page Twenty-two AUTHORIZATION TO SIGN Frank B. Bowker and Carl Mossberg AGREEMENT - A111-57-3 APPROVED Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the City Manager be authorized to sign the agreement. IRWINDALE AVENUE NAME CHANGE Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the property owners on Irwindale Avenue, from the freeway north to the City limits line be notified that at the next regular meeting of the Council there shall be pending before the Council a resolution to change the name of Irwindale Avenue, within that specified area, to be known as Sunset Avenue. AZUSA AVENUE RIGHT-OF-WAY It was noted there are two prop - CORRECTION erties involved here, and it was requested that authorization be given to contact Mr. Verne Cox to see how much he would charge for appraisal of these properties. These properties are the Marshall property and the Percy Jackson property on Azusa Avenue. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that authorization be given to the City Manager to obtain a cost figure from Mr. Vern Cox for the appraisal of property known as the Marshall property and Percy Jackson property on Azusa Avenue and to present the cost figures to Council to indicate whether we should or should not do it. WEST COVINA CENTER DIRECTIVE TO PLANNING COMMISSION AND PLANNING DEPARTMENT affected by the freeway widening Analysis of the existing parking and also the original precise plan, as well as what could be done to improve this area, espe'-- cially with the large area to be for the eight lanes. Mayor Heath indicated the Chamber of Commerce was making a study on what they think should be done with this area and would make recommendation. However, the City Manager felt this matter should be spearheaded by Planning Commission and Council, so as to find out just how far a deviation this is from basic requirements, inventory the existing conditions, and then perhaps turn it over to the Chamber. Tell them this is the problem, and ask them to get behind the City in an attempt to do something about this problem. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the Planning Commission and Planning Department be directed to study the West Covina Center area in view of the problems indicated by the City Manager. PERSONNEL ADMINISTRATIVE The following resolution is in ASSISTANT POSITION reference to Step 25-B, relative to Administrative Assistant, with salary starting at $592.00 July 1, 1961, with the conditions that if the City employees get a per- centage increase across the board, he (Administrative Assistant) will not be considered for salary reconsideration after six months from the date of July 1, 1961. If there is no salary adjustment • C. Co 6-12-61 Page Twenty-three PERSONNEL ADMINISTRATIVE ASSISTANT POSITION - Continued for employees, the Council will reconsider his (Administrative Assistant) in six months. If the position is vacated by Mr. Cowen (present Administrative Assistant), the position will be abolished. RESOLUTION NO. 2116 ADOPTED Mayor Heath-, The City Manager presentedo "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 1277 BY ADDING CERTAIN CLASS SPECIFICATIONS." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows-, Ayes-, Councilmen Towner, Barnes, Snyder, Mayor Heath Noes-, None Absent-, Councilman Brown Said resolution was given No. 2116. VACATING A PORTION OF MEEKER AVENUE the Council that the request of that a portion of Meeker Avenue south of Walnut Creek Wash) Report had been submitted to City Council. At their adjourned meeting of May 24, 1961 the Planning Com- mission unanimously recommended to the City Engineer be accepted and be vacated. (East of Willow Avenue Motion by Councilman Towner, seconded by Councilman Snyder and carried, that the City Attorney be authorized to initiate the necessary proceedings to enable the vacating of a portion of Meeker Avenue. RESOLUTION NO. 2117 ADOPTED The City Manager presentedo "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA URGING THE APPOINTMENT OF THE HONORABLE FRANK G. BONELLI, SUPERVISOR OF THE COUNTY OF LOS ANGELES, BY THE HONORABLE EDMUND G. BROWN, GOVERNOR OF THE STATE OF CALIFORNIA, TO THE GOVERNORS STUDY COMMISSION ON SENATE APPORTIONMENT." Mayor Heath-. Hearing no objections, we will waive further reading of the body of the resolution. • Motion by Councilman Barnes, seconded by Councilman Towner, that said resolution shall be adopted. Motion passed on roll call as follows-, Ayes-, Councilmen Towner, Barnes, Snyder, Mayor Heath Noes-. None Absent-. Councilman Brown Said resolution was given No. 2118. • • • C. C. 6-12-61 Page Twenty-four TEMPORARY TRAFFIC SIGNAL Motion by Councilman Snyder, seconded by Councilman Barnes, that the City Manager be author- ized to spend up to the amount of $200.00 to move the portable traffic signal from Vincent Avenue and the frontage road to Service Avenue and Glendora Avenue intersection. (Location cleared by a map.) Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Co�xncilman Brown SWIMMING POOL DRAINING City Manager had sent out a written INTO CITY STREETS report on this matter which out- lined all phases. Nothing could be done at present. COST ESTIMATES FOR For re -design and study of the TRAFFIC CONSULTANT intersection of Vincent, Valinda and Glendora. The Planning Commission is going to bring this matter up at their next meeting. This could be a small project and we should see what a consulting traffic engineer could do for use Mayor Heath. City Manager Aiassa: any work done. If this would be under $1,000.00, I could go for it. It has to be a lot less than a thousand, but we will provide you with an estimate before awarding Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that authorization be given to the City Manager to speak with the traffic consultant and make a fixed proposal to Council at budget discussion. SPECIAL MEETINGS OF THE Budget session meeting affirmed CITY COUNCIL FOR BUDGET for June 14, 19 and 21. SESSION CITY ATTORNEY ORDINANCE NO. 709 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE BY THE ADDITION THERETO OF CERTAIN PROVISIONS RELATING TO PLANTING, PRUNING, INJURY, AND REMOVING OF TREES UPON CITY STREETS, PARRS AND OTHER PUBLIC PLACES." Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that further reading of the body of the ordinance be waived. • • C. C. 6-12-61 ORDINANCE NO. 709 - Continued Page Twenty-five Motion by Councilman Towner, seconded by Councilman Snyder, that said ordinance be adopted. Motion passed on roll call as follows.- Ayes.- Councilmen Towner, Barnes, Snyder, Mayor Heath Noes- None Absent- Councilman Brown Said ordinance was, given No. 709. EXTENSION OF AGREEMENT WITH SAN GABRIEL VALLEY HUMANE SOCIETY For one year to June 30, 1962, under the same terms. APPROVED Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the extension of the agreement with the San Gabriel Valley Humane Society be approved, and authorization given for the Mayor and the City Clerk to sign the agreement. INTRODUCTION OF ORDINANCE The City Attorney presented- "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES." (Hurst and Babson to R-P) Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that further reading of the body of the ordinance be' waived. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the ordinance be introduced. INTRODUCTION OF -ORDINANCE The City Attorney presented- "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING AN OFFICIAL SEAL." Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that further reading of the body of the ordinance be waived. Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that the ordinance be introduced. RESOLUTION NO. 2118 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." (Holcomb) Hearing no objections, we will waive further reading of the body of the resolution. CJ c. c. 6-12-61 RESOLUTION NO. 2118 - Continued Page Twenty-six Motion by Councilman Barnes, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows-. Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2118. RESOLUTION NO. 2119 ADOPTED Mayor Heath: The City Attorney presented-. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO CALL A SPECIAL ANNEXATION ELECTION AND FIXING A TIME AND PLACE FOR PROTEST BY PROPERTY OWNERS TO BE KNOWN AS WEST COVINA SOUTH- WESTERLY ANNEXATION DISTRICT NO. 168." 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 shall be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown Said resolution was given No. 2119. RESOLUTION NO. 2120 ADOPTED Mayor Heath-. The City Attorney presented-. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AC- KNOWLEDGING THE RECEIPT OF NOTICE TO CIRCULATE A PETITION FOR ANNEXATION OF TERRITORY DESIG- NATED AS WEST COVINA SOUTHERLY ANNEXATION DISTRICT NO. 169 AND AN AFFIDAVIT OF PUBLICATION THEREOF AND APPROVING THE CIRCU- LATION OF A PETITION." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said -resolution be adopted. Motion passed on roll call as follows: Ayes-. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown Said resolution was given No. 2120. C. C. 6-12-61 Page Twenty-seven RESOLUTION NO. 2120 - Continued -It was noted that Council indicated that it could be conveyed to those interested in this annexation that members of Council would be available to speak with them to clarify any questions that might be had, if it is so desired. CITY CLERK PROPOSED ANNEXATIONS No. 41 and 142 of City of Azusa No. 33 and 34 of City of Covina No. 41 of City of Glendora No. 17 of City of LaPuente No objections LOVETT PROPERTY The City Clerk indicated that the thirty days' extension passed yesterday, but there is a request for another two weeks. It was the concensus that the two weeks be permitted. UNITED NATIONS DAY OCTOBER 24, 1961 PROCLAIMING JUNE AS "DAIRY MONTH" PROCLAIMINGr PARK AND RECREATION MONTH APPLICATIONS FOR BUSINESS LICENSE TO PRACTICE PALM READING IN CITY Mr. Robert Flotten, City Clerk, acting as United Nations Day Chairman. Mayor Heath so proclaimed. June 18, 1961 to July 15, 1961 Mayor Heath so proclaimed. From Mr, Ned Adams of 5503 S. Avalon, Los Angeles to obtain a business license for his daughter and wife to practice palm reading in a residence located on C-2 property. Motion by Councilman Snyder, seconded by Councilman Barnes, that Mr. Adams be notified there are no areas zoned for, this use and that Council denies the application on the basis of authority invested by Section No. 6236 of the West Covina Municipal Code. MAYOR'S REPORTS In our present procedure, we • permit the proponents to speak, then the opponents and then the proponents are permitted to rebut. • A number of people have spoken to me questioning if it wouldn't be a good idea for the proponents to have rebuttal after Council discussion, because many statements are made which the proponents know aren't true, and yet they can't talk. If the rebuttal of the proponents is placed at the end of Council discussion, they would have the chance to straighten out some mis-statements, c. c. 6-12-61 Page Twenty-eight MAYOR'S REPORTS - Continued The City Attorney indicated this.could not be done, because it would constitute new evidence in rebuttal, which is not permitted, although it was suggested that perhaps a little more leniency • might be permitted when it was felt to be desirable in letting people speak. Councilman Snyder indicated that at the Personnel Board meeting indications were that they were coming out strongly for at least a 5% raise, and full fringe benefits. Councilman Snyder stated he gave no indications at the time, but that after looking at the budget he, personally, would wonder where it could come from and that he also felt the 11% raise in Los Angeles had heightened feelings on this. Councilman Towner was designated as the alternate to the League of California Cities. Councilman Barnes was designated as the alternate to the Independent Cities group. DEMANDS APPROVED Motion by Councilman Towner, seconded by Councilman Snyder, that Demands in the amount of $203,715.46, as shown on Demand Sheets B-78, C-264, C-265 and C-266 be approved. This to include fund transfers in the amount of $118,633.43 and bank transfers in the amount of $26,916.00. Motion passed on roll call as follows: Ayes-. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent-, Councilman Brown Motion by Councilman Snyder, seconded by Councilman Barnes,, and carried, that there being no further business, the meeting be adjourned at 11:35 P. M. to Tuesday, June 13, 1961 at 7 P. M. ATTEST: City Clerk APPROVED 61 Mayor