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07-10-1961 - Regular Meeting - MinutesMINUTES. OF THE REGULAR. MEETING. OF._ THE CITY COUNCIL CITY-. -OF WEST COVINA, CALIFORNIA July 10, 1961 The meeting was called to order by Mayor Heath at 7:48 P. M. in the 'West Covina City Hall. The Pledge of Allegiance was led by Councilman Barnes, with.the invocation given ,by Councilman Snyder. ROLL CALL Presents Mayor Heath, Councilmen fiowner, Barnes, Snyder Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Harry C. Williams, City Attorney Mr. Thomas Dosh, Public Services Director Mr. Harold Joseph, Planning Director Absent: Councilman Brown APPROVAL OF.MINUTES June 26, 1961 - Approved as corrected. Page 28 - Reference made to a budget for half a million for parks and recreation should be indicated as one -quarter million, $250,000.00. Page 29, Para. 3 - Councilman Towner stated that he had read this statement, himself, and wondered what he intended to say. They (statements) always come out a little bit differently. Councilman Towner stated that -be couldn't quote what he had said at the time, but he could give the intent and meaning of the statement which could be used in correcting the Minutes and which was as follows: "The Parks and Recreation Department has recommended raising their portion of the budget from a little over twenty cents (.20) to fifty cents (.50) this year. To do this, and maintain a balance on other areas, we need a general tax rate increase of twenty-five cents'(.25) to Recreation and Parks this year." Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the Minutes of June 26, 1961 be approved as corrected. CITY CLERK'S REPORTS PROJECT NO. C-127 Accept Sprinkler Improvements Orangewood Park APPROVED LOCATION: Merced Avenue, east'of Orange Avenue. Constructed by Roy C. Barnett. Completion notice signed March 13, 1961. Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that sprinkler improvements in Orangewood Park (Project C-127) be approved and authorization given for`the release of Industrial Indemnity Company Performance Bond No. YS-018545 in the amount of $7,546.50. Cn Co 7-i0-61 Page Two SANITARY SEWER DISTRICT LOCATION.- California and Crumley A111-58-4 Avenues, Accept Sanitary Sewer Facilities • APPROVED Contractor B. J. Zarubica Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that sanitary sewer facilities in A911-58-4 be approved and authorization given for the release of United Pacific Insurance Company Bond No. B-84785, in the amount of $53,594.47, subject to Notice of Completion procedure and subject to the final sweeping and cleaning of rocks as specified. RESOLUTION NO. 2134 The City Clerk presented-, ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING FOR STREET AND HIGHWAY PURPOSES CERTAIN REAL PROPERTY HERETOFORE GRANTED AND CONVEYED TO SAID CITY." LOCATION-, Cameron Avenue, between Sunset and Evanwood Street Open one foot lot No. 22, Tract No. 20158, for street and highway purposes to be known as Cameron Avenue - for access to area developed by Precise Plan No. 162 (Kandel). Mayor Heath-, Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows.- Ayes-, Councilmen Towner, Barnes, Snyder, Mayor Heath Noes-, None Absent.- Councilman Brown Said resolution was given No. 2134. RESOLUTION NO. 2135 The City Clerk presented-, ADOPTED "A RESOLUTION OF THE CITY COUNCIL (Precise Plan No. 263) OF THE CITY OF WEST COV114A APPROVING A BOND TO GUARANTEE COST OF CERTAIN IMPROVEMENTS AND TIME OF COMPLETION IN PRECISE PLAN NO. 263 IN SAID CITY." LOCATION-, Southeast corner of Orange and Service Avenues. Firemans Fund Insurance Company Bond in the amount of $68,000.00 for street and sanitary sewer improvements (Interstate Leasing Corporation - Shoe Corporation of America). Mayor Heath-, Hearing no objections, we will waive further reading of the body of the resolution. • El • C.-C. 7-10-61 Page Three RESOLUTION NO. 2135 - Continued 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. 2135.' RESOLUTION NO. 2136 Precise Plan No. 180 ADOPTED The City Clerk presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND TIME OF COMPLETION IN PRECISE PLAN NO. 180 IN SAID CITY." LOCATION- Northwest corner of Vincent and Glendora Avenues. Federal Insurance Company Bond No. 8007-97-50 in the amount of $10,845 00 for street and sanitary sewer improvements. (Shell Oil Company) Mayor Heath - Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows- Ayes- Councilmen Towner, Barnes, Snyder, Mayor Heath Noes- None Absent- Councilman Brown Said resolution was given No. 2136. RESOLUTION NO. 2137 The City Clerk presented: Precise,.Plan No. 180 "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." LOCATION- Northwest corner of Vincent and Glendora Avenues. For street and highway purposes to be known as Glendora Avenue and Vincent Avenue. (Precise Plan No. 180 - Harker Development Corp.) Mayor Heath - 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. 2137. C. C. 7-lo-61 RESOLUTION NO. 2138 (Herman.Cook.,& Pearl M. Cook) ADOPTED Page Four The City Clerk presented. - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." (Cook) LOCATION. Lot 49, Tract 12505 - Northwest corner of Delvale Street and Sunset Avenue. For sanitary sewer purposes. Mayor Heath. Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Barnes, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows. Ayes. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes. None Absent. Councilman Brown Said resolution was given No. 2138. RESOLUTION TO ACCEPT GRANT OF LOCATION. Lot 50, Tract 12505, EASEMENT IN AQ11-59-3 northwest corner of Delvale Street (Savelle Beard) and Sunset Avenue. HELD OVER TO NEXT REGULAR MEETING For sanitary sewer purposes. The City Clerk stated the property had been sold and contact is being made with the new owner but all the necessary information has not been obtained, so it is requested this be held over to the next meeting, It was the consensus this be done. SCHEDULED MATTERS BIDS PROJECT.NO. C=147 Installation of Traffic Signal Control AWARDED TO WILLIAM R. HAHN recommendation to the City Council. LOCATION. Glendora and Vine Avenues. Bids were received as advertised at 10.00 A. Mo, July 6, 1961, in the office of the City Clerk and referred to the City Engineer for • Notice of Publication received from the West Covina Tribune on June 22 and 29, 1961 and as a news item in the Green Sheet on June 14, 1961. The City Clerk read the report of .the'Engineering Department which indicated, in part as follows. "that the contract be awarded to William R. Hahn on the basis of their low bid and the Mayor and City Clerk enter into a contract with said firm. It is further recommended that negotiations be held with said contractor, on a Co C. 7-lo-61 Page Five PROJECT NO. C-147 - Continued Report of Engineering Department Continued- purchase order basis, for the installation of six (6) neon walk and wait signal heads in this installation, to be installed with the signal installation. The City Manager stated that the original plan called for bid on which it was felt the cost figure was pretty tight, and this item of walk and wait signals was left off with the idea of having these placed later. However, the final quotation was so much lower than we have had in other quotations at current prices, it was felt that the placing of these walk and wait signals could be done with the job so as to obtain a complete one, Mayor Heath asked if the amount of $800.00 for the walk and wait signals was realistic and the City Manager indicated that he felt it was and stated that he could be authorized to negotiate with the low bidder and if the cost should prove too high we may have to delete this. The bids received were as follows - Correction William R. Hahn $ 6,448.00 C.T. & F., Inc. 6,482.17 Paul Gardner Corporation 7,265.00 • Elec. & Machinery Service Steiny and Mitchel 7,329.05 7,463.65 Westate Electrical Constr. 7,623a28 Allen Engineering Co. 7,635.79 Sherin Electric Service 8,o00.64 Electric Construction Corp. 8,347.00 $8,346.98 All bids contained 10% bid bonds. Motion by Councilman Towner, seconded by Councilman Snyder,- that the contract for Project No. C-147 be awarded to William R. Hahn on the basis of their low bid, in the amount of $6,448.00, and that the Mayor and City Clerk be authorized to execute the contract and that all bid bonds be returned to the unsuccessful bidders. Motion passed on roll call as follows- Ayes- Councilmen Towner, Barnes, Snyder, Mayor Heath Noes- None Absent- Councilman Brown Motion by Councilman Towner, seconded by Councilman Barnes, that the City Manager be authorized to negotiate with the contractor (William R. Hahn) on a purchase order basis for the installation of six neon walk and wait signal heads at the intersection of Vine and Glendora Avenue, to be installed simultaneously with the signal installation at an approximate cost of $8o0.00. Motion passed on roll call as follows- Ayes- Councilmen Towner, Barnes, Snyder, Mayor Heath Noes- None Absent- Councilman Brown • C. C. 7-10-61 LEGAL ADVERTISING BID AWARDED TO WEST COVINA TRIBUNE of Publication had been received June 22, 1961. Page Six Bids were received at 10 00 A. M. July 6, 1961 in the -City --Clerks office as advertised and referred to the City Clerk -for recommendation to the City Council. The Notice from the West Covina Tribune on The bids received were as followso West Covina Tribune per column inch - first insertion $1.77 per column inch - subsequent insertions 1.63 Motion by Councilman Towner, seconded by Councilman Snyder, that the contract for Legal Advertising for the period of one year starting July 1, 1961 be awarded to the West Covina Tribune as the low bid- der. Motion passed on roll call as follows.- Ayes.- Councilmen Towner., Barnes, Snyder, Mayor Heath Noes-, None Absent.- Councilman Brown HEARINGS STREET LIGHTING ACT OF 1919 Protest hearing to the proposed improvements and assessments for • street light service and main- tenance as provided in City Council Resolution of Intention No. 1811. Mayor Heath stated that this was the time and place for the hearing of protests to the proposed improvements and assessments for street light service and maintenance as provided in City Council Resolution of Intention No. 1871. Mayor Heath-, City Clerk F°lotten.- Mayor Heath; Mr. City Clerk, do you have the Affidavits of Publication and Notice of Posting? We have the affidavits. I will entertain a motion that the affidavits be received and filed Motion by Councilman Barnes, seconded.by Councilman Towner, and carried, that the affidavits be received and filed. Mayor Heath-, Mr. City Clerk, have you received any written protests, or oral protests? City Clerk Flotten-, We have received no written pro- tests or oral protests. Mayor Heath-, Is there anyone present in the audience desiring to be heard on this matter? Since there have been no written protests received, and no one present in the audience desiring to speak in protest, I will declare the hearing closed. 0 Co Co 7-10-61 RESOLUTION NO. 2139 (Street Lighting) ADOPTED Mayor Heath - Page Seven The City Attorney presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-- FORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER DATED MAY 19, 1961, PREPARED PURSUANT TO THE PROVISIONS OF THE "STREET LIGHTING ACT OF 1919", AND REFERRED TO IN RESOLUTION OF INTENTION NO. 2108 OF SAID COUNCIL, AND THE PLANS AND SPECIFICATIONS, ESTIMATES DIA- GRAM AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING THE WORK AND LEVYING THE,ASSESSMENT FOR SERVICE NECESSARY TO MAINTAIN AND ILLUMINATE BY ELECTRIC ENERGY THE STREET LIGHTS WITHIN SAID CITY FOR THE PERIOD OF MONTHS ENDING JUNE 30, 19640" 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. 2139, INFORMAL HEARING ON CHANGING NAME OF IRWINDALE AVENUE TO SUNSET AVENUE Notices mailed to residents on Irwindale Avenue dune 22, 1961, notifying them of this meeting. The Engineering Department report was read by the City Clerk which recommended approval of this name change. Since this was an informal hearing, it was not necessary for any parties desiring to speak to 'be sworn in, and Mayor Heath asked if there were any in the audience desiring to present anything relative to this matter. No one in the audience appeared to have a desire to speak on this matter for or against. It was not necessary for the Mayor to formally close the hearing, since it was an informal hearing. RESOLUTION NO. 2140 (Irwindale Street name change) ADOPTED Mayors Heath - The City Attorney presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CHANGING THE NAME OF IRWINDALE AVENUE TO SUNSET AVENUE." 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- • • Co C. 7-10-61 Page Eight RESOLUTION NO. 214o - Continued Ayes-, Councilmen Towner, Barnes, Snyder, Mayor Heath Noes-, None Absent-, Councilman Brown Said resolution was given No. 2140o HEARING OR PROTESTS ON SOUTHWESTERLY ANNEXATION NO. 168 HELD OVER TO NEXT REGULAR MEETING OF THE CITY COUNCIL AT 8 P. M. Set for this date by Resolution No. 2119 adopted by the City Council on June 12, 1961. Notice of this hearing published in the West Covina Tribune on June 225 and 29, 19610 Mayor Heath stated that this is the time and place for the hearing of protests on Southwesterly Annexation No. 168 and all those desiring to be heard should rise and be sworn in by the City Clerk. Mayor Heath-, City Clerk Flotten-, Mr. City Clerk,, have you received any written or oral protests on this matter? We have received written protest in the form of a petition containing 101 signatures. As a point of information, the total assessed valuation of the prop- erty in the area is $166,730.00 and the total amount of that in pro- test is $50,730000, which is considerably less than the amount required to indicate a majority protest. However, one problem comes to mind. The requirement for those signing the petition in protest is that they show their lot and tract number whereas the petition of protest has the signers only indicating their home address. There might be a question as to whether this could be received as a legal protest, Councilman Towner-, City Clerk Flotten-, if they can do so. However, since the protest is less than the major valuation of the property, isn't the protest overruled? In this instance, those in pro- test are permitted an extra ten days to obtain more protests City Attorney Williams-, As has been pointed out, there might be some question here as to the legal sufficiency of these protests in that they do not show the lot number and tract number, but only the street numbers. However, since the hearing must be continued for a period of ten days and probably will not be acted upon by Council for two weeks, they could have the opportunity to file a duplicate protest along the lines indicated. They could run the risk as to whether the petition as drawn up is sufficient or not and it has not been our policy to accept street address as sufficient protest of property. The assessment roll goes by lot and tract. It may be necessary to duplicate this protest under these conditions, although we have not ruled that these are not C. C. 7-10-61 Page Nine SOUTHWESTERLY ANNEXATION NO. 168 - Continued City Attorney Williams - Continued. - sufficient, but there is a question whether there will be a question of sufficiency and this question would be removed, without doubt, if this would be indicated by lot and tract numbers and filed with the City. Mayor Heath.- There is an extra period of ten days in which it could be done to remove any possible question of legality. As pointed out, there evidently could be a question raised here whether this is correct or not, as'it stands with just the street addresses shown, and it may be advantageous to those in protest to re -write the petition giving lot and tract number. Are there any more protests, Mr. City Clerk, that you have received? City Clerk Flotten.- There has been nothing further, in the way of protest, received. Mr. G. Reichart In view of the findings in this 1657 Barona Drive case, I would prefer to hold my testimony until after the ten days. I received the petition protesting this from the City Clerk and at that time there was some question whether the tract number was needed or not, but it was assumed it was not since the other petition did not have to contain the tract number. I would withold testimony on this until the tract number and additional signatures are made available. City Attorney Williams.- I think it desirable to continue the hearing. There are ten more days to file additional protests and by the next meeting you may hear verbal protests, and even though they may be under the amount required, you could, if you so elected to do so, discontinue the proceedings. City Clerk Flotten.- I would like to point out at this time that petitions for annexa- tions are only .signed by registered voters and all that is required is the street address and not lot and tract numbers, as is required in the protest. Mayor Heath.- But those protesting must have tract and lot numbers? City Clerk Flotten.- That is correct. City Attorney Williams.- Indications would be the .tract and lot number is necessary, but we do not want to take the posi- tion of saying this protest, as presented, isn't or is sufficient. Is The only thing we are indicating here is that a question could be raised relative to it, and as they have ten more days to.,correct it, they could do so, but if they feel it is sufficient, they may stand on it ---and it may be sufficient. • 0 c. c. 7-lo-61 SOUTHWESTERLY ANNEXATION NO. 168 - Continued Page Ten Mr. H. Curbe Our homes are about five years old 24705 Doublegrove and our improvements and assess- ments are owed to the County. If we are annexed to the City, does that assessment stay with the County or does West Covina assume that? City Attorney Williams.- Under 1911 Act improvement assess- ments, they would not be affected and you would continue to owe them (County). However, there might be a maintenance district which the City might assume. There isn't a general statement to answer all of theme However, the general installation of street improvements and sewers comes under the 1911 Act which is spread over a ten-year period and there is a bond issue against the property, which is not affected whether or not this annexation goes through. Councilman Snyder: still have a right to protest in City Clerk Elotten: Councilman Towner: Even if an owner of property in this proposed annexation resided outside of this area, he would this hearing. That is correct. If the protest fails, an election day is then set and a vote is 'taken by registered voters only. City Attorney Williams: If there is majority protest, it does not go to election if there is not majority protest then voters express themselves. But to start this annexation proceedings, it must be started by registered voters only. There was a question raised as to whether the petition protest could be given back so that less time would be consumed in getting the tract and lot number. The City Attorney indicated once this petition is filed, it could not be done, but that possibly the circulator who filed the petition could come in when the necessary information is obtained and insert the lot and tract numbers on it or possibly photostatic copies could be made of the original and that be circu- lated for the lot and tract numbers to be placed on it, or else a completely new petition filed. Mayor Heath indicated that possibly we could run off copies of this to aid these people. There were certain comments and questions from the audience which led Council to believe they perhaps should be answered, and it was indicated that the Mayor, any other member of Council, and the City Manager would get together with any interested parties in the Council Chambers on Thursday, July 13, at 8 P. M., to aid in clarification of�the matter of annexation and what it would mean in general so far as the people and City were concerned. The City Manager indicated that if it were at all possible he would desire that those with questions in mind contact the City Hall be- fore this meeting so that staff would be enabled to supply the necessary answers in detail since .some of the questions might require lengthy and detailed answers. It was consensus that the hearing of protests on Southwesterly Annex- ation No. 168 be held over and hearing continued to two weeks from tonight (next regular meeting) at 8:00 P.M, to allow the ten days required by law for the Protestants to obtain additional names. C . C . 7-10-s61 ZONE-CHANGE'NO. 182 and PRECISE PLAN OF DESIGN NO. 266 _(Ralphs Grocery Company) • HELD OVER TO NEXT REGULAR MEETING Page Eleven LOCATION.- 1742 Puente Avenue, between Aileen 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, Resolution No. 1044; appealed by applicant on May 18, 1961._ Request for adoption of precise plan approved by the Planning Com- mission on May 17, 1961, Resolution No. 1045; called up by Council on May__22, 1961, for review. Hearing continued from regular meeting of June 12, 1961. Mayor Heatho We had a hearing on the zone change at which time the precise plan was withdrawn and the matter was held over and the hearing continued. It is my understanding a precise plan has been filed with the Plan- ning Department and. which is to be heard by the Planning Commission on July 19, 1961. I, personally, do not feel there should be any action taken on this zoning until we have a precise plan presented to use There was a good suggestion made by Councilman Barnes that if the Commission is going to review a new precise plan, and since they denied the zone change, maybe it would be desirable for them to re -study the zoning relative to the new precise plan, since it would appear that their objection to the zoning was mostly based on the fact that possibly there was not enough protection to the home owners. Possibly the new plan may have more protection, and if this be the case, maybe we should send it (zoning) back to the Commission for review at the same time as they review the precise plan. City Attorney Williams.- You could sent it back for an informal report as to whether their feelings have changed or not. However, I do not.think that any action they would take on the zoning would have any legal significance at this time. They can review it and tell you what they think, but their action on it is finished and completed. Councilman Snyder.- I made the motion and then with- drew it when the plan was prev- iously withdrawn, as I felt we should have one presented in relation to the zone change. Councilman Barnes.- The Commission turned down the zoning and approved the precise plan. I seconded the motion and withdrew my second when the plan was withdrawn, because I felt there was no justification to give the zoning since we didn't know exactly what the precise plan was going to be on this particular zone change. I feel that I would like to know exactly how the Com- mission feels about this precise plan before I would pass on either one. Mayor Heath; I think we should hold the zoning until the plan goes through the Commission and comes to us. C. C. 7-1o®61 Page Twelve ZONE .CHANGE NO. 182 and.PRECISE PLAN OF DESIGN.NO. 266 - Continued Councilman Towner-, I am inclined to go along with • that Mr. Francis J. Garvey-, I am sorry I was not able to be present when this was before you previously, although I understand your policy fully and in general approve it. As a citizen I would approve it, but as a lawyer I can't quite agree that it is completely legal; What you want to do is all right with Ralphs Grocery, but I would like to settle something in the interests of my client, although the plan isn't officially before you. Mayor Heath-, I do not feel the Council should sit in review on that matter. Mr. Garvey-, I do not think they should either, but if Mr. Joseph has a copy, I would like to refresh my -knowledge of it. I think we must differentiate, as a matter of planning, between zoning which effects the general use of the property for a multitude of pur- poses which is the business of Council, and between a particular use on a particular piece of property and which has never been tested by law, although a few cities, such as West Covina, have, in the way of a precise plan. • When Richard Ralphs was before you, and my partner, he specifically said he did not want the previous precise plan. I would like to indicate that the present plan to be presented is an improvement in that it moves the building further east by some extra footage. It provides for only two tenants, and I think it will be a better plan than what was previously approved. The approval of a precise plan is the business of the Planning Commission and is final unless the Planning Commission is disagreed with by the property owners or the City Council calls it up. Ralphs has available and is willing to go on this new precise plan. They now have this plan with just themselves and one other tenant and want to go ahead with it. If you hold this matter with respect to zoning, which is not technical as to specific use, it may use a lot of time, as the Commission may desire to continue the matter of the precise plan for another two weeks. Then if you want to review it, by the time we can get a building permit, it would be well into December and they will lose days of revenue and you a great deal of tax revenue. We think that since the Commission approved the original precise plan that they will not have any objections to what is being proposed, because we feel it is much better. Therefore, we would like to have Council do this. If you would instruct the City Attorney tonight to pre- pare an ordinance and present it and introduce the first reading then you have thirty days and during that time you have complete control of zoning. The Planning Commission, by then, would review and act on this precise plan. We think it will be an improvement over what was presented and will be good for the City in terms of property use, and adjacent property around it and give good revenue to the City, If you were to instruct the City Attorney tonight to prepare an ordinance, we could then have grading plans drafted, get the necessary permit, and would be willing to take our chances on the ultimate approval of the precise plan. If you did not like what the Commission did about the precise plan, you would still have two meetings and the ordinance would not be final, but it would allow this project to move. I make this suggestion to you in the interest of the City and my clientt.:since zoning and the precise plan are two different things and you could still exercise control over this. C. Co 7-10-61 Page Thirteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN -NO. 266 m Continued Mayor Heath-. We would certainly like to work . with Ralphs in any way we could in setting up a time table and have this come about as quickly as possible if the plan proves acceptable. What I had in mind was that the Commission meets on the 19th and we could review the plan on the 24tho Mr. Garvey.- Can you have a plan before you that fast without notice? City Clerk Flotten.- It would be a matter of publishing the notice of hearing ten days before the hearing. Mayor Heath.- Anything you do previous to the thirty days after the ordinance, is entirely on your own, Mr. Garvey-. We would take the gamble as to grading and putting the underpad on it, but by granting this, a plan could be furnished and permits approved by the Engineering Department and by then the plans would be before you for review and then we could go ahead with putting in curbing and gutters. Councilman Snyder.- If you did this much, you would only have stronger arguments for getting the use on this property, Mayor Heath-. If we would do this, it would be stating we are going to give zoning. Mr. Garvey. You have, in essence, already said that when you approved the property as suitable for different classification and then decided to rescind that, because you wanted to know what particular use of property was going to be made, But in effect you have indicated as a group that this property is worthy of a change of zone to a different classification. My clients are willing to gamble so as to get a building before the first of the year and spend money for grading and getting it ready so they can go ahead with it immediately, They can't get a building permit until your final action and you can't have a second reading less than five days after the first reading. There is a thirty day delay after final action. If, in your own minds, this property warrants a "C" classification, notwithstanding what is put on it, you would still be able to control it up to thirty days. Councilman Snyder.- On that statement hinges this whole thing, "this property warrants a "C" classification, notwithstanding what is put on it." We do not think so. Mr. Garvey-. Zoning classification can be considered for a number of uses set out in the ordinance, not the type nor where buildings located. If the case is strong enough to indicate the necessity of a change of .zone, then you desire to see whether this property should have a ten -cent store C. C. 7-10-61 Page Fourteen ZONE CHANGE NO.. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Mr. Garvey -'Continued-. or gasoline station, you are confusing between passing on property for zoning purpose and subdivision use for particular purposes. The Planning Commission officially delegates the particular type of building and location on the property. You function as a legis- lative body to determine what zoning classification should be applied. It is true you can review the plan to determine if the Commission acted correctly, but the two things (zoning and plan) are far apart. Mayor Heath. We would be permitted to grant zoning subject to certain condi- tions? City Attorney Williams. Ordinarily, no. Ordinarily zoning is granted absolutely without conditions. I think it is an improper determining, if you are going to grant zoning, to determine the name of the store going on the place. I do not think the two of them are unrelated, as it is entirely possible and plausible to determine whether or not in granting zoning the property use for commercial is beneficial to the community and not detrimental to neighbors. Under certain circumstances, it is legally possible and desirable to be assured certain adjacent streets will be brought up to business standards before business zoning is put on it, so the two are not absolutely unrelated, although there is academic merit in that the two are separable. i Councilman Snyder. I could never see giving blanket C-1 zoning for this area. City Attorney Williams. If you gave C-1 zoning because a precise plan was presented that you like, the precise plan is meaningless except it has convinced you it is possible to use the property and be beneficial to the community. The precise plan isn't a compulsion to do, it is permission to do this. They can get a plan to building twenty-five stories, but they do not have to build it. They can get a precise plan on this property, but they do not have to build that place, they can scrap it, and get an entirely different precise plan, but the zoning is good. Your zoning isn't tied to the precise plan. Mayor Heath. How do you grant zoning, then, and protect zone? City Attorney Williams. Only that there has to be a pre- cise plan approved. The point is, the zoning stays, it is permanent whether they proceed with the plans or not. Councilman Barnes. We suggested they go ahead with the precise plan and if they desired to change it, they could ask for changes. Mr. Garvey.- However, it was felt it would be an imposition on the community to come in with a dishonest plan. At that time, we had Thrifty, a junior department store, Ralphs and eight vacancies. After they found that Thrifty had some questions • • C o C o 7-10-61 Page -,Fifteen ZONE CHANGE -NO. 182-and PRECISE PLAN OF DESIGN NO.' 266 - Continued Mr. Garvey.- Continued-, as .to the advisability of this location here and considering the objections of the Commission, they decided to pull the building further away and went out and got a department store with a lease signed and which would make only two uses on the property, and it is firm. Mayor Heath-, We could instruct the City Attorney tonight to draw up the ordinance on which, at the next meeting, we could or could not make the first reading. Mr, Garvey-, And then hold the second reading indefinitely. You could hold it as long as you want, but in this way time could be saved and we think the Commission will buy something better than we offered before Councilman Snyder-, This has clarified one thing, in that the precise plan means little and I may look at it a whole lot different. Mr. Garvey-, The precise plan means a great deal. You can't use property as raw unsubdivided property until you get building permits and you can't get that until there is a precise plan, but the plan has nothing to do with the zoning except a precise plan for the zoning that is on the property. We have zoning but no right to get building permits until the plan i.s�approved and is subject to that control. Councilman Snyder-, Your argument in support of the zone change was based on the precise plan and the use to be there. Mr. Garvey-, No, Biro The commercial zoning use was felt to be proper here because of streets, traffic pattern, change of circumstances, general change of entire area, prospective or general development of the area in reasonable future etc., was 'used to justify the need for this type of zoning here. City Attorney Williams-, proceed with it and you must then have made a finding that they are happened in relation to a variance action had been indicated. If you make certain findings and you are Councilman Snyder-, Councilman Barnes-, The only objection I can see is this. If you make a certain finding then you are bdund to vote the ordinance because you entitled to this. This also and the Superior Court believed introduce this ordinance you stuck with.those findings. I think we are showing intent which we have no business finding. I feel the same as Councilman Snyder does, C o 7-10�61 Page Sixteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Councilman Towner-. This might be solved if Mr, Garvey • wanted to draft the ordinance and put it in Mr. Williams hands, This is no action by the City, yet saves the time wanted to be saved here. City Attorney Williams. Do not take any action tonight. Mr. Garvey-. Would the City Attorney object if I prepared the ordinance? City Attorney Williams-. I will prepare the ordinance. Mr. Garvey-. So you will have it before Council if the Planning Commission acts favorably? City Attorney Williams-. If you don't keep talking too much, Mr. Garvey. Mr. J. Tarbulla I agree with Councilman Snyder. 742 Homerest Everything that is being said is that this is intent to draw up an ordinance and definitely intends on your part to put this into effect. However, the main problem is changing the zoning, and I am sure the Commission recognized this also. Once you change the zoning, it • tells .you what type of building you can put up in C-1 and you can always be in a lower one, but never put in a higher one.. There is only one problem, change of zoning on Azusa and Eileen. I know you have the intention of protecting the home owners, but if .you change it you will not protect the home owners although we know the City needs revenue. The zoning should remain as it is and protect homes. Mr.. A. Munch I am here in the interests of 1611 Puente Avenue protecting my home against the encroachment of "C" property, I understood with the zoning of R-A here and potential R-P there was to be a buffer of R-3 against anything going along Azusa Avenue, Mr. Garvey and his assistant brought forth the fact the people were given C-1 zoning the last time and were stuck with a precise plan of building in that corner when they presented the plan and it fell through, so zoning reverted to R-Po It was contended that since that area was given C-1 zoning the people who bought homes on Eileen should have known it was not R-Po That wasn't so, because It had been indicated we were going to have R-3 buffer between Azusa and our homes. Motion by Councilman Barnes, seconded by Councilman Snyder, and • carried, that Zone Change No. 182 and Precise Plan of Design No. 266 be held over to the next regular meeting, two weeks from tonight, Mayor Heath called a recess. Council reconvened at 9-.3q Po Mo n 1] Ca C. 7-10-61 PROPOSED AMENDMENT NO. 51 City Initiated APPROVED Page Seventeen To amend thee -Street and Highways Element of the Comprehensive General Plan to indicate Grand Avenue as a major street, 1001 wide, southerly of the San Bern- ardino Freeway. Approval recommended by the Planning Commission Resolution No. 1061. Mayor Heath opened the public hearing. There being no testimony presented, the hearing was declared closed, Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that Proposed Amendment No. 51 be approved. ZONE CHANGE NO. 189 Request to rezone certain land City Initiated divisions from Zone R-A to Zone APPROVED R-1 approved by Planning Com- mission Resolution No. 1060, Mayor Heath opened the public hearing. There being no testimony presented, the hearing was declared closed, Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that Zone Change No, 189, City Initiated, be approved, PLANNING COMMISSION Review of action of There were no directives by July 5, 1961 Council to have any particular case brought before them other than those already so indicated. Councilman Snyder-. I understand there is some con- fusion on the referral back to the Planning Commission relative to Area V. City Manager Aiassa-. yes. Councilman Snyder-. Actually, Mr. Joseph, we referred it back on your testimony here. Mr. Joseph-, And I repeated that to the Plan- ning Commission, I told them you sent it back and indicated why. Councilman Snyder-. Is there anything we can do to . clear this up? City Manager Aiassa-. Possibly we could have a Council- man at the meeting. Councilman Snyder-. There was only some reservation as to frontage. Mr. Joseph-. House size also. C. C. 7-10-61 Page Eighteen DISCUSSION RE AREA V. - Continued Councilman Towner: As I -recall the discussion, -my comment was to question whether a minimum house size was neces- sary in this area. I was not recommending eliminating it, but study and decide, do we really need this. Councilman Barnes: The main question at that time was whether we wanted to keep lot size at 40,000 square feet, and we thought this was good, but street frontage depended upon topo- graphy of land and in many instances the 110 feet might not be good because of the topography. Mr. Joseph: We reviewed the same discussion as with the City Council and it was felt they wanted to hold to the original recommendations and they wondered whether you had any- thing specifically to convey to them before they report back. Councilman Towner: If they are going to refer it back with the same recommendation, I would like to hear some of their reasons why they want to hold to those numbers. Councilman Snyder.- 0 Mayor Heath: Mr. Joseph: What should be considered strongly is the topography. Consider strongly that the topo- graphy could be similar to that back of the Country Club. That was talked about, but it seems it didn't influence them to change their ideas. I will indicate to them that you wanted to know the specific reasons for holding to Area IV (specifications) and that Council is very much concerned with topography features. Councilman Snyder; And what effect it has on the frontage. Councilman Barnes: Valinda Avenue and Glendora Avenue situation is being studied by Planning Department and it is being held. Is that only for recommendation whether a consultant be hired? City Manager Aiassa: There are two factors. One is • that Mr. Fred Stein has requested a hold on his plan of the theater and decision of alignment of that street. Mr. Joseph: Amendment No. 48 was started by the Commission after a joint meeting of Council and it has been held on the Agenda for a long time waiting for a report. C. C. 7-10-61 Page Nineteen DISCUSSION RE. VALINDA AND GLENDORA AVENUES - Continued City Manager Aiassa.: They are aware of this traffic consultant. Councilman Barnes: I hesitate to spend $5,600.00 of the taxpayers' money for a consultant when I think we can have our staff do this just as well. Councilman Snyder: But there is so much prejudice, politics and personal interests in this matter that I think we need -an objective viewpoint by some other person on this. City Manager Aiassa: If City staff does this, it seems to have the point of "too close to the forest to see the trees." Councilman Snyder: Ever since I've been on Council, we seem to get nothing on this because of conflicting views. RECREATION AND PARKS The City Clerk read the action of the Commission at their regular • meeting of June 22, 1961, which indicates after review of City Council Minutes of 'June 125 regarding Valencia Heights Water Company lease, there appears to be some confusion regarding the intent of the Commission's previous motion of May 25 -- advising Council the Commission was and is interested only in extending the water company lease for as long a period as possible, without specific regard to development of the area by any one group, whereas a request is pending, permission has not been granted for permanent development; therefore, the Commission re -submits its original motion of May 25-- "that due to proposed permanent development the Commission recommends that the Council investigate and if possible negotiate to extend the water company lease for as long a period of time as can be obtained." The City Clerk read a letter, dated July 10, 1961 from the Edgewood Baseball,League per L. I. Isbell, President. It referred to the establishment of a "Babe Ruth Type" baseball field at no cost to the City in City Parks property located on Citrus south of Walnut Creek Wash and immediately adjacent to the Ridge Riders area. This matter had been referred to the Parks and Recreation Commission by Council and the Commission established meetings between existing Pony and Colt Leagues and the Edgewood Baseball League and as a result the Edgewood Baseball League agreed to table the field re- quest temporarily. As the next Commission meeting the League • requested and was granted permission to use the area as a temporary practice field. A backstop has since been erected on the property but water problems have not yet been resolved. The said League still has the desire, manpower and capital to estab- lish a permanent regulation size baseball diamond on this site and stands ready to improve -the aforementioned site with league funds by erecting a regulation size field with proper facilities as soon as permission is granted. • LJ Co Co 7-10-61 Page Twenty RECREATION AND PARKS Continued They hope to start construction at earliest date to enable com- pletion prior to the next baseball season. Mayor Heath. I thought it was the action of the Council, formally, to advise this League they could go ahead, City Manager Aiassa.- It is in the Minutes, and I be- lieve Councilman Towner was our representative to discuss this with the League. Councilman Towner-. This was the action of Council. Edgewood League went along with this arrangement still standing ready to make permanent improvement once given the go-ahead on it. The Recreation and Parks Commission came up with the request to review terms of the lease in view of the proposed permanent devel- opment of this property and the lease was referred to me. I reviewed it and discussed it with Mr. Isbell and was under the impression, so far as his group was concerned, they were willing to make permanent improvements under this lease which didn't inhibit them and they were adequately protected by the terms which has approximately 6-1/2 years to run, plus a 6-months cancellation clause, plus first option of the City to buy, and I believe it has a renewal option in - the City. Under those terms they were willing to put in their im- provements and the type of improvement they wish to put in is one not currently furnished to City children, 13 to 15 age group, on a regulation size field. This also has another aspect of being available to be used by the American Legion or similar groups who desire this type of field. It is my opinion to let this group go ahead. We do not have money to do anything here, it is vacant land from which we are getting no use, and these people have a plan ready to go into effect and the funds to develop it. Councilman Snyder. - I believe it was our feeling they should expedite this, Mr, Gingricho There was no action taken on the part of Council authorizing them to proceed. They wrote a letter to Council and it was referred back to the Commission after they requested permission to develop this field. The Edgewood League wrote the Commission a letter requesting a hold up of action on written request given us to see how arrangements were made on original development here which were to be regulation size field for adults to play ball. Another thing was the difference in age grouping of authorized baseball groups in the City --breaking up of the age groupings indicated by going to 13 to 15 here. Councilman Towner.- I do not think any citizen is requested not to contact the Council. If they have a problem this is where they should bring it and we can channel it if neces- sary. I do not think the Commission should get their feelings hurt on that basis, • �J r: C. Co 7m10-61 Page Twenty-one RECREATION AND PARKS — Continued Councilman Towner - Continued; So far as -this letter, probably it came here because I told Mr. Isbell the matter was coming before us tonight on motion of the Commission and I asked him, that if he was interested, to consult his group and let his feelings be known. I brought this letter in in a sealed envelope and obviously from what it indicates they are ready, willing and able to go ahead. It is pretty clear to me that what is happening here is that we have organized -franchise leagues, Pony and Colt, who are supposed to handle all the boys. The first objection made was when this league was first organized and we gave the go ahead, yet they handle more boys and give them the opportunity to play more than any other in the City. It is a fine program and should be encouraged. There is no confusion on age group because a Babe Ruth Type league is not existing now, they aren't in the City, and why not get this recognized and give this age group the opportunity to play ball. There is no reason there should be any confusion between the two programs. The Pony and Colt leagues are controlled out of the City, a franchise company in the east. The Edgewood League is an inde- pendent league subject to our control such as City Baseball Play-offs in which .the independent league was told it couldn't compete "because your boys aren't in the recognized or organized franchise league." This isn't a City recognized program, this is a recreation program run by outsiders so why should we hold this up, let them get to work. Mayor Heath-. Commission is anticipating this action is,takeno Councilman Snyder-. Mr. Gingrich-. I do not know if there is some objection to letting this league develop this area. I think the would come back to them, before any I believe this was done. So far as this is concerned, the request is still pending, Mayor Heath-. There was discussion of possibly the American Legion wanting to develop this and then the Edgewood League came along and the American Legion advised it didn't want to develop the area. However, I do recall something about the fact that Pony and Colt leagues stated they would take care of all the boys in the area of this age, and I also further recall this was a satisfactory arrangement with all groups. Councilman Towner-. The arrangement was satisfactory to the franchise leagues who wanted the opportunity to show they handle all of the boys. The Edgewood League was out -voted on the Southern Baseball Council with its one representative against 9 franchise organizations and the vote goes by them, then gets to Recreation and Parks Commission and they agree to go with the pro- posal. This does not mean they do not want to improve this area, but they have been stalled and can't go along this year, so were ready to wait. But from the standpoint of a City program with the children 13 to 15----- is Co Co 7-10m61 RECREATION AND PARKS - Continued Mayor Heath-. Page Twenty-two We have no recommendation from the Commission. Councilman Snyder-. What has been said here indicates they are stalling for some reason, Councilman Barnes-. This came up before quite some time ago. When the American Legion said they no longer wanted to handle this, the Edgewood League agreed to put in something like $3,000.00 for development of this field and also agreed if the Legion wanted to use it, they could, and possibly some of the American Legion men would help develop that property. It has been known for some time this league would take over and develop this property, and I think the Commission has known this, although whether they have formally done anything I do not know. I do think it is very good for these boys that can't join these other leagues, to be able to join this league and be given the opportunity to play, particularly in the age bracket of 13 to 15a Mayor Heath-, I am in favor of this league, but the Commission indicates they were advised to hold this and there is nothing before them. • Councilman Snyder-. It has been before them as a result of these meetings and they only agreed, insofar as the league was concerned, to table this temporarily, but they were granted use here as a temporary practice field, so it has been before the Commission, Mayor Heath-. But the Commission was asked to table this at the League's request. Councilman Towner-. I think the reason for that was they were willing to go along with the tabling because of pressure by franchise organizations. I think we should let them go ahead. They have, by their most recent letter, asked the matter be activated so let's uncork it. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the letter of the Edgewood Baseball League be referred to the Recreation and Parks Commission for their consideration and action at their next regular meeting, with the recommendation that the request be favorably received. Councilman Barnes-. Is there a possibility of extending • the lease with the water company? Mayor Heath-. Mr. Aiassa contacted them and I believe it was indicated they are receptive to it. Possibly we should discuss this matter at our joint meeting with the Park and Recreation Commission, co Co 7-lo-61 RECREATION AND PARKS - Continued Mr. Gingrich.. Mayor Heath.. Page Twenty-three It is desired to know when this will be held, Next Monday, July 17. SUPERIOR COURT Mr. Virgil Butler.. I represent the local Citrus Bar Association. We have established a committee to attempt to obtain a Superior Court in West Covina. I understood this matter was to be taken up this evening, and I am here to assist you in any way I can if it was to be considered. Councilman Towner, I met with the Citrus Bar Asso- ciation at the time of the meeting with the representatives of the County on this matter and they represent cities throughout the en- tire district. They voted to endorse the location of the Court in West Covina and indicated they would be willing to spend the time and effort to assist in placing the Court here. The problem to come before the City Council tonight was the availa- bility of land. In respect to that, I have some proposals to make. I think it is clear from the factual standpoint that the City geo- graphically, populationwise and accessibility -wise is the best place to place this Court. Also, it is true that relative to budget con- siderations, the Board of Supervisors may be influenced by the availability of property. We have no indication that the City of Pomona, which is the only other real contender for this facility, is or is not going to donate land. It is my understanding that they do not presently own land available for this use. But they do have the possibility of con- demning land with existing buildings, although it could be assumed that would be an expensive proposition and require a bond issue or something of that nature. With that thought in mind I did not want to rush our Council in donating land. On the other hand, it has been advised by the County representative that if we were intending to donate land, in the event it comes to that, we should be in a position to do so immediately. I am pretty much in a dilemma so possibly we should take two actions tonight. One would be formalizing of the statement that there is land available within the civic center of West Covina for use as a multi -judge Superior Court facility. That the City Council will make this site available with adequate parking to the County for the construction of facilities and that this will be made available to the County at the Cities cost, S Secondly, I would say this. In the event that another City within the east district offers to donate land for the court site, that the .City of West Covina will match such location and do likewise, Councilman Barnes.. Donate funds, is that what you meant? • C1 Co C, 7-10-61 "SUPERIOR COURT - Continued Councilman Towner-. Councilman Snyder-, Councilman Towner-. substantial benefit to Pomona, so I think the by paying something for market price. Councilman Barnes-. Councilman Towner-. Page Twenty-four No, donate land. If Pomona says they will donate four acres of land, then we say that we can do it also. This is almost inviting to donate. No, this almost works the other way. Although it is of direct benefit to West Covina, it is of other cities to locate it here rather than in entire east district should possibly share it the land, but give it to them at cost, not Any objection to underground parking? No. Also, this could go to a high rise building. City Attorney Williams-. I do not know whether the City can give land for this purpose. General law cities cannot do this. Charter cities are not held to this prohibition, You would be, in essence, inviting Pomona to fight, as they can legally do this as a charter city unless their charter specifically prohibits doing so, but there is a very strong possibility we cannot. There are certain things such as armory, etc., but this type of use is not one of them. Mr. Butler indicated the benefits of this proposed use in West Covina, not only businesswise in that it brings in lawyers, and other uses, but that it would also serve all the surrounding area, since his City is as close to the center for this type of thing as if,0��ssibly be whereas Pomona is a definite fringe area of the district and that now a great many cases and lawyers prefer to go to Los Angeles rather than to Pomona, since cases are tried faster because of more judges than in Pomona. Also, it helps citizens who must do jury duty in that it would be more readily accessible. In general the discussion hinged on Mayor Heath and Councilman Barnes being in favor of this use, but very apprehensive about the possi- bility of using too much civic center area, if Councilman Towner's statements were taken as stated, and possibly leaving City civic center uses; police station, city hall, jail and possible auditorium severely handicapped because of less land than previously figured upon, and perhaps forcing the City to buy more land in a very expensive land cost area. A motion by Councilman Towner, and seconded by Councilman Snyder, that the City of West Covina does have sufficient land available for the • east district Superior Court and this land will be made available to the County for this use, the exact amount of land to be deter- mined by negotiation between County and City, was withdrawn. Various maps were brought in on display relative to a plan for this area. Indications were possibly four acres, and less if it could be done with coordinated parking in relation to already existing County buildings parking areas. It appeared that it is not known exactly how much will be wanted by County nor just how much needed by City for its use at this time. A high rise building also seemed to be favored. C. C. 7-10-61 Page Twenty-five SUPERIOR COURT - Continued Motion by Councilman Towner, seconded by Councilman Snyder, and • carried unanimously that the City Council notifies the Cqunty of Los Angeles that we (City) will make available to the County the excess acreage available in the civic center area for the East District Superior Court. CITY ATTORNEY • • ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE TO REZONE CERTAIN PREMISES." (City Initiated) Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that further reading of the body of the ordinance be waived. Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that the ordinance be introduced. ORDINANCE INTRODUCTION 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." (Hurst and Babson #2) 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. RESOLUTION NO. 2141 The City Attorney presented: (Meeker Avenue Vacation) "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO VACATE A CERTAIN PORTION OF MEEKER AVENUE." (Sets date of hearing for August 14, 1961.) Mayor Heath: 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. 2141. C. C. 7=lo-61 ORDINANCE.INTRODUCTION Page Twenty-six The City Attorney presentedo "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES." (T. J. Stanford) Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that further reading of the body of the ordinance be waived. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the ordinance be introduced. REPRICING OF RATES AND CHARGES General Telephone Company. FOR CLASSIFIED ADVERTISING IN TELEPHONE DIRECTORIES Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the rate appli- cation of the General Telephone Company be referred to the City Manager and Chamber of Commerce. A'11-57-3 RIGHT-OF-WAY AUTHORIZATION TO OBTAIN REVIEW FROM MR. VERNE COX re -appraisal of the sewer easement A'11-57-3. Motion by Councilman Towner, seconded by Councilman Barnes, that the City Manager be author- ized to obtain a review from Mr. Verne Cox and, if necessary, on the Singer property in District Motion passed on roll call as follows; Ayes,. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes,. None Absent,. Councilman Brown CITY MANAGER'S REPORTS RECREATION AND PARKS RESOLUTION It was consensus that receipt of the resolution be acknowledged and referred to (joint) study meeting. CAMERON AVENUE BRIDGE Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that authorization be given to -the City Manager to authorize the County Road Department to proceed with final plans for the deck of the Cameron Avenue Bridge plus approaches and any drain inlets that may be necessary as per the June 30, 1961 engineering report from Mr. Thomas Dosh. • City Manager Aiassao The down -town merchants are concerned with California Avenue being out of use, but I would like to delay further on this matter until all the traffic signals are put in and detour on frontage road could be analyzed. • • C. C. 7-10-61 Page Twenty-seven CAMERON AVENUE BRIDGE - Continued City Manager.Aiassa - Continued: It would be an estimated cost of $18,000.00 to install a temporary bridge. However, sales tax wise, the merchants feel this amount would be piddling relative to how much they will be hurt if there is -not some traffic circulation in their location by the time "back - to -school" buying starts. I am checking the time schedule to see if everything might not be done by that time. Also, this would be an imposition to the contractor to have to go over another obstruction. We will make traffic counts and give the. City Council a report on the results and before we would make any request of Council to spend $18,000.00 for this temporary bridge. We will have facts and figures for you. SPECIAL CENSUS to a special census to be made $300.00 and be made in October the same cost, would be made in be $600.00. A report has been received from the Census Research Service of the Department of Finance relative by them. The first one will cost of this year and the next one, at March of 1962. The total cost would We would have to get a letter to Sacramento immediately if we are to get in on this and I would request you to direct me to write a letter to Senior Research, Department of Finance in care of population studies. This will be the substitute for a special census because we have just had a federal census count and since this would be so closely aligned to it,, the estimates should be real close. If it doesn't seem realistic as to the October one, we can still have the special census. Motion by Councilman Towner, seconded by Councilman Snyder, that this matter be carried through in accordance with the recommendation of the City Manager. METES AND BOUNDS LOCATION.- Southwest corner of SUBDIVISION NO. 135-180 Far View Lane and Spring Meadow M. Howard Drive. APPROVED 1.91 Acres - 2 lots - Area District III Approval recommended by Planning Commission on June 7, 1961. Held over from meeting of June 26, 1961 for report. Report has been submitted. Motion by Councilman Towner, seconded by Councilman Snyder, that Metes and Bounds Subdivision No. 135-180 be approved with the limita- tion that improvement for street only include 2-inch overlay of asphaltic concrete for one-half of the existing street along the frontage of the Metes and Bounds Subdivision; that no curbs and gutters be installed and instead an asphaltic berm be provided and that a bond in an amount to be determined by the City Engineer be posted in lieu of improvements if the developer so decides, the bond not to exceed one (1) year and subject to renewal. Councilman Barnes voting "No." 0 • • c. c. 7-10-61 TREE PRUNING CONTRACT Page Twenty-eight Walt's Tree Experts for pruning 269 trees in the amount of $21859000. Motion by Councilman Towner, seconded by Councilman Barnes, that in accordance with Section 2706 of the West Covina Municipal Code, and being in the best interests of the City, the requirements of a for- mal bid on street tree pruning be waived and authorization given for the issuance of a Purchase Order to Walt's Tree Experts for the pruning of 269 trees in the amount of $2,859.00 at locations speci- fied. Motion passed on roll call as follows-. Ayes-. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent-. Councilman Brown FOREST LAWN SUIT AUTHORIZATION TO CONTINUE the decision rendered in the Court vs. Forest Lawn. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the City Attorney be directed to'appeal case of the City of West Covina PERSONNEL - BUILDING DEPARTMENT Mr. William Fowler has been (Intermediate) Acting Building Inspector and the Personnel Board felt they desired to have more time to review this. However, in the meantime, he is to act as Chief Building Inspector and should be given compensation for duty of maintenance officer. There would be added compensation of $50.00 per month, subject to any change of his present permanent position by the determination of the Lederman's Report and Study. This is intermediate in capacity as Acting Building Inspector and also the $50 added compensation. Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that the recommendation of the Personnel Board be accepted, plus the $50-00 fee (more) per month as recommended by the City Manager. TERMITE ELIMINATION Motion by Councilman Towner, seconded by Councilman Barnes, that the amount of $550.00 be transferred from the unappropriated reserve fund to Account 110-B, contract service and building maintenance for the purpose of ter- mite elimination. Motion passed on roll call as follows: Ayes-. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes-. None Absent-. Councilman Brown C. C. 7-10-61 Page Twenty-nine MONTGOMERY STUDY Rate increaseofSuburban. Motion by Councilman Barnes, • seconded by -Councilman Towner, that the City Manager be authorized to contact Mr. James M. Montgomery to make an analysis in relation to the rate increase of Suburban Water to see if there is validity for protest on this matter. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown WELL SITES Motion by Councilman Towner, seconded by Councilman Snyder that Mr. James M. Montgomery, consulting engineer, be authorized to perform the contract as indicated in a letter dated July 7, 1961 and that the Mayor be authorized to sign the acceptance of contract. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown i TRAFFIC CONSULTANT Motion by Councilman Snyder, seconded by Councilman Towner, that the City Manager be author- ized to engage the services of Libbey and Sholder to make a traffic study of Glendora Avenue, Vincent Avenue, Valinda Avenue and Walnut Creek up to an amount not exceeding $1,250.00. Motion passed on roll call as follows: Ayes: Councilmen Towner, Snyder, Mayor Heath Noes.. Councilman Barnes Absent: Councilman Brown ARCHITECT FINALIZATION Motion by Councilman Towner, seconded by Councilman Snyder, that the City Manager be authorized to negotiate an agreement with Neptune and Thomas Associates for civic center set up (plans). Motion passed on roll call as follows: Ayes: Councilmen Towner, Snyder, Mayor Heath Noes: Councilman Barnes Absent: Councilman Brown • Councilman Barnes indicated he was voting "No" because he did not feel that we had obtained the best from what he had seen relative to the tour, and he felt there was still better in the field that had not, perhaps, been considered. • 0 C. C. 7-10-61 Page Thirty RESOLUTION -NO. 149i This is regarding the -requirement by Council for cash bonds versus security bonds. Would raise the requirements for cash -from $1,000.00 to $5,000.00 ie, something would go to bond after. $5,0.00.00 whereas now it goes to bond after $1,000.00. Taken under -advisement until next meeting. NEGOTIATIONS WITH. Motion by.Councilman Barnes, MR. GLENN 0. WILLIAMS seconded by Councilman Towner, and carried, that the City Manager be officially authorized to negotiate with Mr. Glenn 0. Williams on proposed Cameron Avenue Extension, south of Walnut Creek Wash. STREET LIGHTING IN Motion by Councilman Snyder, CIVIC CENTER seconded by Councilman Barnes, and carried, that this matter be referred back to the Planning Commission with instructions that they set up a uniform lighting plan in the Civic Center acceptable to the Council. BRANCH LIBRARIES Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the letter of Mr. Geller of July 7, 1961 is duly acknowledged, that Council discussed the matter and indications would be that there will be eventual need of three (3) branch libraries but temporary per- mission is given to use Vine Avenue Branch for temporary use as a children library on trial basis. .CITY'CLERK REPORTS - Continued RESOLUTION NO. 2142 The City Clerk presented - (Kenneth S. Ludolph & "A RESOLUTION OF THE CITY COUNCIL Erma Ludolph) OF THE CITY OF WEST COVINA ADOPTED ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." LOCATION- Lot 51, Tract 12505.- northwest corner of Delvale Street and Sunset Avenue. A111-59-3 - Kenneth Ludolph - Sanitary sewer purposes. Mayor Heath-. Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Snyder, Barnes, Mayor Heath Noes- None Absent- Councilman Brown Said resolution was given No. 2142. • • • C. C. 7-lo-61 RESOLUTION NO. 2143 (Lloyd D. and Marie V. Baker) ADOPTED Page Thirty-one The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPT- ING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." LOCATION: Lot 52, Tract 12505 - northwest corner of Delvale Street and Sunset Avenue - Alll-59-3 - Lloyd Baker - sanitary sewer purposes. Mayor Heathy 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, Snyder, Barnes, Mayor Heath Noes: None Absent: Councilman Brown Said resolution was given No. 2143. RESOLUTION NO. 2144 The City Clerk presented: (McMillien) "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ACCEPT- ING A CERTAIN•WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." LOCATION,- Lot 53, Tract 12505 - northwest corner of Delvale Street and Sunset Avenue - A111-59-3 - Robert McMillien - sanitary sewer purposes. Mayor Heath: 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, Snyder, Barnes, Mayor Heath Noes: None Absent: Councilman Brown Said resolution was given No. 2144. RESOLUTION NO. 214.5 The City Clerk presented: (Bramhall) "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ACCEPT- ING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING RECORDATION THEREOF." LOCATION: Lot 54, Tract 12505 - northwest corner of Delvale Street and Sunset Avenue - A'11-59-3 - James Bramhall - sanitary sewer purposes. Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution, 9 • C. C. 7-1'o-61 Page Thirty-two RESOLUTION NO. 2145 - Continued Motion by Councilman Snyder, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Noes: None Absent.- Councilman Brown Barnes, Snyder, Mayor Heath Said resolution was given No. 2145. RESOLUTION NO. 2146 The City Clerk presented: (Sutherland) "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ACCEPT- ING A WRITTEN INSTRUMENT AND DIRECTING RECORDATION THEREOF." LOCATION.- Lot 55, Tract 12505, northwest corner of Delvale Street and Sunset Avenue - A111-59-3 - Leonard Sutherland - sanitary sewer purposes. Mayor Heath. - Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows.. Ayes.- Councilmen Towner, Noes: None Absent: Councilmen Brown Barnes, Snyder, Mayor Heath Said resolution was given No. 2146. CITY CLERK NOTICE OF HEARING BEFORE PUBLIC UTILITIES COMMISSION JULY 26, 1961 LETTER°FROM WEST COVINA HIGHSCHOOL SAN GABRIEL VALLEY SYMPHONY ASSOCIATION Request for rate increase by Suburban Water Systems - (City Hall) Commending the West Covina Police Department for their fine work and recent cooperation. Referred to City Manager to discuss this matter with association or its representative. LEAGUE OF CALIFORNIA CITIES - Hollywood Race Track — July • LOS ANGELES DIVISION MEETING .20, 1961. PLANNING COMMISSION REPLACEMENTS is still under consideration. It was noted that Council felt that the Planning Commissioners should be advised that the matter of replacement of their members • 0 C. C. 7-lo-61 Page Thirty-three APPOINTMENT TO j Motion by Councilman Snyder, PERSONNEL BOARD seconded by Councilman Barnes, i and carried, that Mr.'Zoelle shall be appointed to the Personnel Board to serve for another designated term. RESIGNATION SUBMITTED Councilman Jay D. Brown. Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that the written resignation from Council submitted by Jay D. Brown be accepted. Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that a resolution be prepared and submitted to Council commending Jay D. Brown for his past services rendered to the City of West Covina. DEMANDS APPROVED Motion by Councilman Towner, seconded by Councilman Snyder, that Demands in the amount of $85,917.05, as listed on Demand Sheets C-270 through C-272 and B-80 be approved. This to include fund transfers in the amount of $54,494.11. Motion passed on roll call as follows.- Ayes.- Councilmen Towner, Barnes, Snyder, Mayor Heath Noes.- None Absent.- Councilman Brown There being no further business, motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the meeting be adjourned at 12.-45 A. M. ATTEST. - City Clerk APPROVED Mayor