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07-24-1961 - Regular Meeting - Minutes�w t - 0 :1 MINUTES.. OF -.THE---REGULAR--MEETING OF THE CITY COUNCIL CI.T--Y OF WEST. COVINA, CALIFORNIA July 24, 1961 The meeting was called to order by Mayor Heath at 7-45 P.M. in the - West Covina City Hall. The Pledge of Allegiance was led by Council- man Towner, with the invocation given by The Rev. Henry Kent of the Community Presbyterian Church. ROLL CALL Present: Mayor Heath, Councilmen Towner, Barnes, Snyder Others Present: Mr. George Aiassa,C;City Manager Mr. Robert Flotten, City Clerk Mr. Harry C. Williams, City Attorney Mr. Thomas Dosh, Public Services Director Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES July 10, 1961 - Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the Minutes of July 10, 1961, be approved as submitted. CITY .CLERK9.S REPORTS RESOLUTION NO. 2147 ADOPTED The City Clerk presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." (A'11-59-3 - Margie P..and Ward C. Abbs) LOCATION: Lot No. 50, Tract No. 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 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: None Said resolution was given No. 2147. EXTENSION OF AGREEMENT TIME IN LOCATION: Northwest corner of TRACT NO. 20456 Cameron and Azusa Avenues. (Al Handler) APPROVED AS STIPULATED Request for extension for a period of one (1) year to August 5, 1962. City Engineer recommends approval. • C ; C . 7-24-61 Page Two EXTENSION OF TIME:AGREEMENT IN TRACT NO. 20456 - Continued.. Mayor Heath-. Mr. Dosh-. Councilman Towner-. Mr. Dosh-. year for each extension. Councilman Towner-. Mr. Dosh.- Councilman Towner - Mr. Dosh-, Councilman Towner. - Mr. Dosh-. The church would be placed on these Councilman Towner-. How many extensions have there been? I believe this is the fourth. He has had extensions in the past beginning with what date? The last one (extension) was a year ago and has had extensions for the last'three years, one A total of three years. I believe so. Any conditions attached to the extensions? There hasn't been because all improvements were required, sewers and sidewalks. Any changes in tract conditions since time of approval of this map? No, the only change was change of church site which eliminated eight lots from this subdivision. eight lots. No changes in City standards on lot sizes or street widths in the past three years? Mr. Dosh-. I wouldn't want to say that. In the past two years there has been a change in street standards on curb and gutters from 1 foot to two feet, and the man has signed plans for one foot, so he would have one -foot curb and gutters on interior streets. Councilman Towner-. If we approve the extension of time, I think this should be brought up to current City standards. This may be in accord with those standards, or it may not, although apparently it is not in accordance with curb and gutter standards, and if there are other such things that have changed they should be met also. I think that any extension should be conditioned upon bringing it up to current standards. (Remainder of Council agreed with Councilman Towner in his statements on this matter.) Can we make approval conditional upon his doing this? City Attorney Williams Yes. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the agreement of a time extension for one year, to August 5, 1962 on Tract No. 20456 be approved on the condition that the tract be brought up to current City standards for subject sub- division and that the applicant accept this extension under that condition. 0 C. C. 7-24-61 RESOLUTION NO. 2148 ADOPTED LOCATION- 266 S. Glendora Avenue. Page. -Three 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 C-1 IN SAID CITY." (Anthony DAmelio To accept Ohio Casualty Insurance Company Bond No. 997817 in the amount of $2,705.19 for street improvements. Mayor Heath - Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Snyder, 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. 2148. RESOLUTION NO. 2149 ADOPTED LOCATION- 2009 W. Garvey Avenue. 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. 270 IN SAID CITY." (John W. Kelley) To accept Aetna Casualty and Surety Company bond in the amount of $820.00 for street and alley improvements, Mayor Heath - Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, 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. 2149. • 0 C . C . 7-24-61 RESOLUTION NO. 2150 ADOPTED Page Four 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. 273 IN SAID CITY." (Hartman -Noonan) LOCATION-. Northwest corner of Glendora Avenue and Wescove Place. To accept Aetna Casualty and Surety Company bond No. 33-S-51359 in the amount of $9,400.00 for street improvements. Mayor Heath-. Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows-. Ayes-. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes-. None Absent-. None Said resolution was given No. 2150. RESOLUTION NO. 2151 ADOPTED The City Clerk presented-, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." (Hartman -Noonan) LOCATION-. Northwest corner of Glendora Avenue and Wescove Place. For street and highway purposes to be known as Glendora Avenue and Wescove Place. Precise Plan No. 273, Mayor Heath-, Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows-, Ayes-. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes-. None Absent-, None Said resolution was given No. 2151. PETITION FOR STREET IMPROVEMENTS Mossberg Avenue, from Garvey to Willow Avenues. Council had received copies of the City Engineers report on this matter as requested by the Council on June 26, 1961. The report was read, in part, as follows-, C. Co 7-24-61 PETITION FOR STREET IMPROVEMENTS - Continued Page Five "It is our opinion that a project of this size isn't economically • feasible for procedure under the 1911 assessment district act or any other assessment district act. It is possible that if the remaining unimproved portion of Willow Avenue south of the freeway were included in such a program, it may become worthwhile project under assessment district procedure. Several years ago we successfully constructed concrete curb gutters and pavement improvements in the same general area on Meeker Avenue under an old established Council policy whereby the property owners deposited an amount with the City at the rate of $2.00 per foot. The City in turn provided for engineering, excavation, aggregate base and asphaltic pavement. The Council felt this type of program could be justified by reducing maintenance costs. It is our recom- mendation that this same type of procedure be used on Mossberg Avenue. If Council desires it, we will, upon their direction, canvass the remaining area of Willow Avenue in order to determine the possibility of including Willow Avenue along with Mossberg 1. Avenue in a participation program. Any canvassing or petitioning in connection with a proposed assessment district should be done by the residents of the area and not with City personnel." Mayor Heath. - the people to go along and put this If there is not any more agreement than what is shown on this map, we might endeavor to get the rest of in under the 1911 Act. Councilman Barnes.- The way I understand the report is that the City Engineer feels this is rather small to go into a 1911 Act and if Willow could be included, it could go into the 1911 Act and benefit all the people in the area. I think this would be good for that area of Willow and Mossberg Avenues. Councilman Towner.- The action to take would be to authorize the City Manager to advise the residents of the area how to proceed on a 1911 assessment district procedure, in- cluding Willow Avenue south of the freeway. City Manager Aiassa.- You could direct the City Engineer to proceed on the canvassing of the area to see if a 1911 Act could be established and if that fails, then we would come back and see what plan we can develop. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the City Engineer is directed to determine the pos- sibility of a 1911 Act assessment district proceeding on Willow Avenue and Mossberg Avenue, and report back to the City Council. RELEASE OF BONDS IN • 7;0N'E'._Vh .1AAI:CENO. 160 APPROVED LOCATION.- East side of Lark Ellen Avenue, south of Walnut Creek Wash. Employers' Liability Assurance Corporation, Limited, in the amount of $2,000.00 for street improvements with Bishop of Protestant Episcopal Church in Los Angeles for St. Martha's Church in West Covina as principal. • • C. C. 7-24-61 Page Six RELEASE OF BONDS IN PRECISE PLAN NO. 160 - Continued Firemen's Fund Indemnity Company Bond No. C-7018798 in the amount ' of $1,300.00 for street improvements with Mr. Paul Enders, Principal. No present need for above bonds, inasmuch as both principals have made cash deposits to the City for these improvements to beicon- structed with Walnut Creek Wash improvements. Staff recommends release of bonds. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the bonds be released, as recommended by the City staff, relative to Zo 41M,94i��,vc67 No. 16o. SCHEDULED MATTERS HEARINGS INSTALLATION OF SANITARY SEWERS - A111-59-2 Avenue and other streets. Set for of Intention No. 2130 adopted at a of June 26, 1961. To hear protests or objections to the forming of 1911 Act Assessment District to cover installation of sanitary sewers in Greenberry hearing this date by Resolution regular meeting of City Council Mayor Heath-. This is the time and place for the hearing of protests or ob- jections against improvements on Greenberry Avenue and other streets, as set forth in Resolution of Intention No. 2130. Mr. City Clerk, do you have the affidavits of Publication, Posting and Mailing? City Clerk Flotten-. We have the affidavits of Pub- lication, Posting and Mailing. Mayor Heath-. I would entertain the motion that these affidavits be received and filed. Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the affidavits be received and filed. Mayor Heath requested the assessment engineer to read the prelim- inary assessment spread based on estimated cost,which was done. Mr. Rosetti indicated an approximate cost of $5.75 for assessment front foot. Mayor Heath remarked this was higher than the average installation, and Mr. Rosetti agreed that it was, although there was a similar one about a year ago, where a line was run comparable to this one and had very similar problems. Councilman Barnes asked if this was adjacent to the flood control project, and Mr. Rosetti indi- cated that he thought part of it was and part of it is on a street, the other side of which one portion is already sewered, so we run a single line from here to here and across the top. This is the usual type where you sewer from both sides. Mayor Heath questioned as to whether this can't be attached to the sewer already in, and Mr. Rosetti indicated it could not, since you have an 80-foot wide street with a single line on each side of the street. • • C. C. 7-24-61 Page Seven INSTALLATION OF SANITARY SEWERS - A-11-59-2 - Continued Mayor Heath.- Are there any written protests or objections? City Clerk Flotten.- Yes, we have a petition in pro- test containing fifteen signatures, the names on which by law I must read. The petition in protest sets forth the reasons for protest in that the properties indicated are located in an area of good natural drainage, primarily sandy soil, well suited for septic tanks and cesspools; septic tanks and cesspools have been in use for approx- imately six years and to replace them at this time would be a waste of money, as their usable life is not yet nearly gone; the majority of those signing the petition live in County territory, receiving County services for the most part, feel it is the duty of the County. of Los Angeles to conduct this project. It is not the job of our County Supervisors to place us under the jurisdiction of the City of West Covina for the purpose of improvements or indebtedness where we have no voice or vote, and to our knowledge there has been no survey of this district to count the number of cesspool failures or to see if the safe saturation point had been exceeded by the present sewage system. The following are the names, Lot number and Tract number of those in opposition. Leo R. Pearl Harold J. Osterman Clarence G. Carlisle Kenneth C. Moon William J. Delva Norman E. King Lyle J. Scholten Robert E. Shearer Gordon J.� Chambers George A. Avila Ronald J. Goggia William J. Harrer Joseph F. Doonan Carl E. Goggia Lillian M. Linde Mayor Heath. - do not feel there is a need for Lot No. Tract No. 35 20340 40 20340 37 20340 39 20340 36 20340 41 20340 32 20340 31 20340 30 20340 46 20340 38 20340 i6999 16 20340 18 20340 21 20340 It would seem the objections are not against the assessment cost, but more against the fact they sewer service. Maps were shown to the Council by Mr. Rosetti in regard to the area and drainage direction. Councilman Barnes-, Mr. Rosetti-, cost at that time. I wonder if they understand it would cost them more later to hook up. If they would hook up later, they would pay not what they would pay now,.but the going C. C. 7-24-61 Page Eight INSTALLATION OF SANITARY SEWERS - A111-59-2 - Continued Mayor Heath-. The engineer has indicated that if we stop these lines at the • County line and at a later date people in the County north of that subdivision line desired to hook into the installed system., they would have to pay a portion of the sewer disposal system in the lower area. Mr. Rosetti-. In the particular area concerned, if we leave them out at the present time and when they tie in later on, say five years from now, when tanks or cesspools are having trouble, and they are ordered to put in a sewer system because of tanks and cesspool failure, the charge will be for the current going rate on sewers in a similar area, not what it is today., and what we have gleaned relative to increases in the past few years runs from five to ten percent, so we would advise this area be brought in. Mayor Heath-, Mr. C. Goggia 3915 N. Walnuthaven Drive lack of proper inspection when they caving in. Are there any oral protests to be presented? In going through the neighborhood and finding out what their troubles were with present cesspools, in the majority, failure was through were installed, which meant their • So far as saturation point, that is due to the lack of knowledge by parties who use such facilities. They never build up bacteria count to get rid of solids and throw:_ everything in their disposals, thereby covering the porous walls of the cesspools, and which is the reason for failures. If taken care of this carefully, you wouldn't have this. In this saturation point, we know we are sitting on riverbed, but how far down it is I do not know. The cesspool cost to each individual owner, when they bought the property, is not used up and from experience and putting in cess- pools, there is no history of cesspools, if properly used and drainage is proper, giving trouble, and there is good drainage in this area. Was this a move done by petition of property owners or by the Health Department of the County? Councilman Snyder. It might be pointed out that there are _127 parcels in the County, of which only fifteen are protesting or 3.4% of the total. City Manager Aiassa-. This was by petition dated July 14, 1958, and which con- tains about 190 signatures. . Mr. Goggia-. This sewer idea was not based on anything factual so far as health is concerned, and I do not think it was proper. There is also some question to be answered` about annexation of our area. Are you planning to annex us also? Mrs. Lazarro stated this was asked to be put in in interests of a sewer contractor who her husband worked for. • • Co C. 7-24-61 Page Nine INSTALLATION OF SANITARY SEWERS - A111-59-2 - Continued Mayor Heaths There is nothing in the district so far as any annexation of your area is concerned. However, the County Health Officer report indicates a health problem in the area with 149 homes contacted relative to this. Mr. M. Divani I was one of the petitioners on 1214 W. Puente Avenue Puente Avenue for this, and I would like to clear the record that Mrs. Lazarro's husband was or is an electrical engineer and not a sewer engineer. I work for Pacific Telephone Company, so there is no connection with sewer people. We just want these sewers in. Mr. Goggias sewer contracting firm. Those are Mr. R. Dozier 16133 Grovecenter Mr. Rosettis Mr. Dozier-. isn't the Health Officer required lem is? Mayor Heath° This was Mrs. Lazarro's own story in that her husband was working in the interest of a her own words. How many people in this assess- ment district? 438. Well, somebody wasn't batting a thousand here, either, when con- tacting only 149 out of 438. Why to note what this sanitation prob- It is so stated. Mr. Dozier-, It is? It stated a health problem, but what has he stated that it is? The report of the Health Officer was read by the City Clerk. The City Clerk read the references of the City Engineer relative to the reasons stated in protest regarding this sewer district and which were indicated as follows. - "It is a known fact among sanitation engineers that even the best draining soils will "choke up" with refuse adjacent to septic tank cesspool systems, and cease to function; Council and protestant are advised that immediate connections to the sewer systems are not required only when a need to replace facilities becomes necessary is a connection required; it is true the protestants have no vote in the City, but in:assessment proceedings of this nature, they do have a voice equal with City residents within the district, the County Health Officer in 1960 contacted 149 residents in the district to determine the status of disposal facilities and submitted a report to the City indicating a definite health hazard. The report, how- ever, does not indicate which residents were contacted. With respect to the comment "safe saturation point" of the soil, there can be no safe saturation point, as all types of soil will eventu- ally choke up with organic matter and the cesspool -septic tank facilities will then cease to function." C� J C. C. 7-24-61 Page Ten (b INSTALLATION.OF SANITARY SEWERS - A111-59-2 - Continued. MayorHeatbo Since there would appear to be no further oral or written pro- tests, I will close the hearing at this time. Councilman Towner: I would like to make an inquiry about the jurisdiction of the City to include an area in the County. City Manager Aiassa.- We have a resolution adopted by the Board of Supervisors. This has been done before between City and County where the district included our City territory or their territory. Councilman Towner.- Then this is a reciprocal agree- ment or arrangement depending upon the advantages to put such a use in a County or City district? City Manager Aiassaa That is correct. Councilman Snyder.- Apparently these people are not in protest to the amount of assessment, but do not want sewers in at all, but the majority of the people in the County do. I do not like to force this on anyone, but I feel we are doing something of benefit here. Councilman Barnes.- With 127 parcels and only fifteen protestants, it would indicate, to me, they need and want sewers in that area. Councilman Towner.- I would take it that the majority of people in the area want sewers and the health officer indicates the need of sewers, and for that reason I feel the protests should be overruled. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the protests on District A111-59-2 be overruled. RESOLUTION NO. 2152 ADOPTED Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING WORK TO BE DONE ON GREENBERRY AVENUE AND OTHER STREETS IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 21300" (Ao11-59-2) ' Hearing no objections, we will waive further reading of the body of the resolution. • C. C. 7-24-61 Page Eleven RESOLUTION NO. 2152 - Continued Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows-. Ayeso Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2152. SOUTHWESTERLY ANNEXATION NO. 168 Hearing of protests 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 22 and 29, 1961. Protest hearing held on July 10, 1961, and continued to this date to allow a ten day period for additional protests to be submitted. Mayor Heath: Mr. City Clerk, do you have additional protests?, City Clerk F°lotten: Yes, I do. Within the ten day period allowed, we have received three new petitions filed in the .office of the City Clerk, signed by sixty resident owners in the area. Forty-three parcels of land were represented. Eighteen of the forty-three were protests with assessed value of $15,500 to be added to the original protests. The total protest on the original petition was $50,730, and the additional protest filed was $15,500, so the total amount protested is $66,230.00. The total assessed value of the land in the proposed annexation is $166,730.00. The amount required, in protest, to stop this annexation proceedings at this point would be 50% of that total assessed valuation, or $83,865.00. The protest failed to carry by $17,135.00. For the record, we should show that these figures included credit for the full amount of protest represented by the original petition which was declared by the City Attorney that there may be some question of its validity due to street addresses only being shown and not lot and tract number. Mayor Heath stated that anyone desiring to present testimony should be sworn in by the City Clerk. From the Audience: I have another petition signed by property owners which I would like to submit, which was notar- ized prior to the ten day period given to us. Mayor Heath: City Attorney Williams: From the Audience: Can we accept this? No, the State law states it must be filed within the ten day period. I was advised to bring this to the meeting this evening. C. C. 7-24-61 Page Twelve SOUTHWESTERLY ANNEXATION NO. 168 - Continued Mayor Heat-, I believe it would have been so that a proper decision could be rendered,to it by the City Attorney. Whether presented this afternoon or tonight, I do not think has any bearing on the fact whether it can be. acceptable or not, by law. From the Audience-. according to map from Mr. Flotten It was indicated 25 original signatures on petition, but showed 55 parcels of land himself. City Clerk Flotten-. There were sixty signatures on the new petitions representing 43 parcels of land, but 25 of the 43 had already signed the original petition, so we could not count them twice. This left eighteen new parcels with an assessed value of $15.,500.00 to be added to the original petition containing sixty parcels assessed at $50,730.00. The total of $66, 230.00 is $17,135.00 short of the required amount needed to stop proceedings at this point. Mayor Heath; Some who signed the original petition also signed the second petition? City Clerk Flotten-. Yes, sir. There were twenty- five. I believe this was the result of an effort recommended by the City Attorney, that the protestants try to get the Lot and Tract number of the parcels represented on the original petition, which only gave the street address of the owners. The petition for annexation is signed by registered voters, not property owners. The petition for annexation was signed by 93 registered voters. Only 63 (25% of 252) were needed to start the proceedings. There being no further testimony, the hearing was declared closed. Councilman Snyder-. City Clerk Flotten-. annexation. Ninety-three signed, How many registered voters in this area? How many in protest? There are 252 registered voters in the area. Only registered voters may sign a petition for only sixty-three were needed. Only property owners may protest on the basis of the assessed value of their land only. Only seventy-eight parcels assessed at $66,230.00 protested. 50% of the total assessed value of the land in the area ($83,865.00) is needed to stop proceedings at this time. This now goes to an election at which only voters registered in the proposed annexation may vote. 0 C. Ca 7-24-61 Page Thirteen SOUTHWESTERLY ANNEXATION NO. 168 - Continued Councilman Towner: It seems to me, again, that this was initiated by people in the area, and obviously there are not enough protests to stop it by that manner, so we will let the .people in the area decide for themselves by a vote as to where they want to be and go to election on it. I think, further, just by counting signatures on protests and petitions for annexation, that the majority of the people indicated they desire to annex to the City. Councilman Barnes-, I feel the same way. We have 93 signatures on the application and 78 parcels protesting, which would indicate, possibly, that the majority of the people would like to be annexed, and also the fact there is a deficit of $17,135.00 assessed valuation, which would indicate there is more people that would like to come into the City than would want to protest. Councilman Snyder: into the City, and if they get out petitions, they probably will. It seems the majority of registered voters is the majority of prop- erty owners who want to come and vote the way they signed the Motion by Councilman Snyder, seconded by Councilman Towner, that the protests on Southwesterly Annexation No. 168 be overruled and denied. RESOLUTION NO. 2153 ADOPTED The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CALLING A !R:R`EC:JALELECTION TO BE HELD THE 26TH DAY OF SEPTEMBER., 1961, PERTAINING TO THE ANNEXATION OF SOUTHWESTERLY ANNEXATION NO. 168." 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: None Said resolution was given No. 2153. ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 (Ralphs.Grocery Company) CONTINUED TO NEXT REGULAR MEETING on May 17, 1961, Resolution No. May 18, 1961. LOCATION: 1742 Puente Avenue, between Eileen Avenue and Azusa Avenue. Request to reclassify from Zone R-P and R-A Potential R-P to C-1 denied by the Planning Commission 1044; appealed by applicant on 0 C. C. 7-24-61 Page Fourteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued 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 July 10, 1961. Mayor Heath-. This was held over to permit the Commission to review a newly sub- mitted precise plan, act upon it and forward it to the Council. The plan will not be before us before August 14. Is there any desire on the part of Council to continue with this or hold it until a plan is before us? Councilman Barnes: Mayor Heath-. Councilman Snyder: City Clerk Flotten: Mayor Heath: I would hold it so we.can look at the precise plan on August 14. However, I would caution you that it has been indicated that the zoning and plan are two different matters. The new precise plan was denied. The precise plan has already been appealed by the applicant and comes before Council August 14, 1961. I would ask the applicant how he feels. Mr. F. Garvey: I am representing the applicant and I would urge you to adopt the zoning and then let us work out the precise plan, but if policy impels you to a different notion, you can figure them together. However, I would still. urge the zoning be approved and preferably that action be started to -- night but that is at your discretion. Mayor Heath: What deadline are you trying to meet? Mr. Garvey: I was not at the Commission hearing, but the new plan was denied on the basis of certain conditions which my client is willing to agree to. The Commission favored Ralphs, and it was indicated, part of this was sold to another tenant, so there would be two owners on the property. The Commission asked for conditions of delivery time between 7 and 5, which is agreeable, and that both portions be started as a unit at the same time, which I do not believe.my applicant was in a position to indicate whether the department store would start as fast as they are, and I understand there were reasons for denial. If this should be held over, in effect it would be a 60-day loss of time in con- struction on Ralphs. If the original first reading on zoning is started and you would still get to the point of deciding one way or the other to accept it or turn it down, which would be within your control, but we could start grading,.' -Precluding the precise plan being approved., which would be approved before your second reading. I would like to see this done so it could start making money for Ralphs and for the City as quickly as possible. I do not want to put it behind another store in terms of Ralphs progress. C. C. 7-24-61 Page. Fifteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued City Attorney Williams: The hearing was left open for the purpose of permitting the people their say on the new precise plan and giving.additional testimony that might be based on it. I can't see what would or could be presented on the zone change other than what you have already received in testimony on this matter. Mr. Garvey has not spoken as to the merits or demerits of the application. Councilman Barnes: If they speak on the precise plan, we haven't even seen it, and it won't be before us before August 14. I do not believe that can be done. Mayor Heath.- My interpretation when a hearing is held open for the proponents, it is held open for the opponents, also. City Attorney Williams: Yes, but if you continue the hearing, if you get the precise plan before you, which was the purpose in continuing the hearing in the first place, nothing is gained by hearing them at this time, as you will hear it all over again two weeks from now. Councilman Towner-, I have no objection to hearing further statements on the zoning tonight, although I question as to what would be gained because the matter is being held pending the presentation of a precise plan at which time testimony will be presented on that which will correlate the whole picture. Councilman Snyder-, Councilman Barnes-, probably have seen the precise mission meeting. Councilman Snyderz n Suppose some of these people here tonight to speak were out of town at the next meeting and couldn't attend? I would agree, but this is very confusing to us if the opponents speak on the precise plan. They plan already at the Planning Com- In addition to the precise plan, zoning is to be considered on its own merits. Mayor Heath: I am agreeable to hearing any further statements on the zoning only. That is the only thing we can hear at this time and we can limit it to that. • Mr. S. Balkoff Will you hold it up or vote for 613 N. Eileen zoning without the precise plan? If you hold it up for the plan, there is no use in making state- ments, but if not, that is something different. Mayor Heath-. This is a point well taken, and we haven't decided whether to take the zoning separately or not. C. C. 7-24-61 Page Sixteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Councilman Snyder.* I am only interested in hearing further points on the zoning, but not on the precise plan. The City Clerk swore in those who desired to present testimony. Mrs. J. Kendall It seems we have 300 signatures 642 Eileen on a petition against this, and when I have come to the meeting this has never been brought up. The only thing has been the eight houses, but what about the other 300 people? Don't they have a voice? City Clerk Flotten.* City Attorney Williams.* the Commission. The areas were We have such a petition in the file containing just about 300 names. There was a map presented for the record showing the location of the protestants filed with colored in. Mayor Heath.* Let that "be a part of the record that a petition with 300 signa- tures on it has been received in protest. Mr. Bluthrode I am not within the 300-foot 1830 Pioneer Drive radius. But I would point out that all of the property to the south contains no residences within 300 feet of the property. All of the property to the east, with the possible exception of one line of houses eastward from Azusa is vacant land. To the northwest there are two gas stations on the corner and vacant land, so we are dealing with a problem where residences are immediately to the north and west. The problem is not just this C-1 commercial zoning we are dealing with, but also vacant properties on the east of Azusa north and northeast all zoned "R" something from residential property. If you grant commercial zoning for this one piece of land, above all obJ ections and we have some valid objections, I do not see how you can fail to approve similar use for the rest of Azusa. One residence to a family is worth much more than any commercial enterprise is to Ralphs or any other commercial store. There has been no demonstration that commercial next to residential works and blight stems from such a condition as this, having com- mercial next to R-1 single family. You must have a buffer zone such as in the west on corner of Workman and Azusa with a gas station. Next to that is medical offices and building next to that is R-1. This is fine, as you have buffering transition, but there is none proposed here. 41 The very best you could do so far as good practical zoning goes, and I speak with authority now as I am employed by a firm of engineers and architects for eleven years and have worked with small centers, so from experience the only thing to do here possibly would be to restrict a 100-foot strip to the east of these properties and call it a neutral zone and assign this R-P zone until you get apartment houses or professional buildings --something which wouldn't detract from the R-1 and almost anything else than R-1 will hurt the area, but it is a question of how much and this use would hurt us a lot. C. C. 7-24-61 Page -Seventeen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Mr: S. Balkoff At the last Council meeting, 636 Eileen Avenue Mr. Garvey mentioned large amounts of money. I called the bank that holds the mortgage on our homes, and they told me this zone change will decrease the valuation of our property. I hope that I will make an impression on you gentlemen when I say that these eight houses will lose between 35 to $40,000 in value. If this zone change is allowed, it surely will become a blighted area in the near future. Some houses will go for sale immediately. Others will stick it out for a while, but eventually all will get so disgusted with noise and refuse flying into yards they will give up and sell to the highest bidder, no matter who they might be. This would reflect on the entire City. You will then have a City so anxious to gain revenue that you would then be only too happy to have junk yards located here and there goes the City of Beautiful Homes. A zone change should be made when there is necessity for such. A petition was submitted with over 300 signatures protesting this center. They 'represent people living only two blocks away and who will be most affected by this proposed change. You gentlemen sitting on the Council are representatives of these people and are obligated to protect them. Apparently, Mr. Handler purchased this property and other property along Azusa south of the freeway for the express purpose of having ait rezoned for "0 use. In 1956 Mr. Handler applied for and was denied a zone change on property at Cameron and Azusa. This plan, too,.included Ralph's Grocery Store. Surely Ralph's has had ample time to locate on some property that has "C" zoning since that time. A number of other markets have come into West Covina since 1956. I do not feel that either Mr. Handler or Mr. Ralphs have our best interests at heart, as Mr. Garvey tries to infer. We bought our homes in good faith and not for speculation. We inquired as to the nature of the zoning of the property directly behind us before doing so. At that time we were assured that we had ample zoning protection. It is people like us who helped build up West Covina. People like Mr. Handler, who live in Beverly Hills and buys property for spec- ulation, are detrimental to our City. He feels that if he holds on to his property without developing it as it is zoned, the City Fathers will in time relent and rezone to his desire, even though it hurts the people in the area. There are fifteen supermarkets within a 2-mile radius of this area, so we are not troubled in getting to local markets to do shopping. In addition, we feel that Eastland, Plaza and West Covina Center serve all our needs adequately. These businesses are located in established commercial zoning and they, too, should be protected. A shift in revenue would be a loss to their business and no gain to the City. • If I were you I would be ashamed of what you did to the people adjacent to the Safeway Market. They tell me that trucks come in at 4 and 5 A. M. to unload. They make a racket and the workers use foul language. This is not a pleasant situation, especially with youngsters and teenagers. I do not know what you can do for these people now, but you certainly can stop it from happening to us. Two wrongs do not make a right, as Mr. Garvey would want you to believe. C. C. 7-2-61 Page Eighteen ZONE CHANGE NO. 182.and PRECISE PLAN OF DESIGN NO. 266 - Continued Mayor Heath: What Safeway is that? Mr. Balkoffe At Yaleton and Puente Avenues. Mr. McNeill This property is also suitable 636 N. Eileen for multiple dwelling units for which they are zoned. It is unsuitable for heavy use unless there is adequate buffer given to those adjoining the property. It is said that :there is adequate buffer with walls, trees, and shrub- bery, but that might adequately buffer property itself, but it certainly does not buffer any noise. This certainly isn't the only piece of land for such use in the City for Ralphs to consider. Mr. Jackson of the Commission stated there was much unused C-1 in the City. If this development is permitted here, there are two things to con- sider relative to property owners which would be the loss of a way of living relative to my home for my family and a financial loss, which I feel I could not take. Mr. Munch I have appeared many times 1611 E. Puente Avenue regarding this piece of property at Council and Commission, and I am at a loss now whether or not a precise plan is suited for this property. Now I understand that even if a plan is approved, it can be withdrawn by the proponents and a second one submitted if it is so desired. The Commission indicated the second plan was better than the first, yet they denied use of it. I dread to think of Council losing control of the prop- erty in this City by effecting a zoning with no precise plan and have a precise plan submitted having no bearing on the property zoning at all. I heard it said that the use was good here because of its size, but now it is indicated it will only be half built by Ralphs and the remainder sold, and it is hoped it will be built in accordance with the plan submitted. There was no stipulation regarding it. Mrs. Dore It was stated by Mr. Garvey 610 Eileen that the last plan presented to the Commission had only two objections against it, but aside from those, it is also true that the Commission decided and indicated that this plan did not have adequate protection for the people. Mr. G. Kagovski I read an article concerning a 656 N. Eileen meeting of the City Council with the Chamber of Commerce to estab- lish a policy for commercial growth of West Covina. It would seem to me that prior and concur- rent with any commercial development of West Covina, you must consider residential development of West Covina. We have a Planning Commission and Planning Department and with the best intention on their parts the citizenry is hurt if we do not have a plan. Presuming something of this nature is to come up Thursday night, I could see how the zone change could be thrown out on its ear tonight and that C. C. 7-24-61 Page Nineteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Mr. Kagovski - Continued® you couldn't approve it in any good tasrte. Do we get an invitation to this meeting with the Chamber of Commerce? Mayor Heath: This meeting was called by myself to form, if possible, some type of philosophy on how the City is going to develop. We wish to try to take as much financial burden as possible off a lot of people, and we only have some 50 acres that we can develop for manufacturing. The only other way we can go is to be the commercial center of the Valley and this is what we want to discuss, whether we want to be the commercial center, and by that I mean large commercial areas where people in this City and the surrounding areas can go into a large commercial development cen- trally located and controlled. I do not mean that we are going to line every street in the City with commercial up one side and down the other, but the question is, are we going to be the commercial center of the valley and what will be our philosophy and zoning and to tie this to the master plan. We have a plan under way which should be completed at the end of this year and started possibly by the first of next year. We have a plan of the City at this time which will be revised at the end of the year. This meeting is to discuss, generally, how far we are going to go so far as commercial is concerned. Any time we have three Council- men or more at a meeting, a newspaperman must be present, so cer- tainly the public is invited. City Attorney Williams.- In such cases the meeting is open, although you do not necessarily have to have a newspaperman present. Mayor Heath.- However, there would be no part- icipation from the audience as this would be between the groups participating for a common understanding. Councilman Snyder-. As the preamble of the general plan stated, our desire is to become the commercial and retail center of the Valley, besides also a City of Beautiful Homes. Mayor Heath. - and Mr. Eisner who is doing the There is also a Wednesday night session with the Planning Com- mission and Planning Department master plan. It was stated the meeting of the Chamber and Council would be Thursday night. It was so intended, but I would make a public statement at this time that the Commissioners could not attend 100%, and it is to be postponed to another time when we can all meet, all members of Commission and Council available. We are considering the 31st, but there is not a firm indication on that as yet. Mr. Bluethrode.- Since such a matter as a master plan is being considered, or its revision, I believe that consid- eration should only be given for emergency zoning and no spot zoning given until there is a firmed master plan. 0 U C. C. 7-24-61 Page Twenty ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Mayor Heath-, depriving. not think be easier man of the a man of the we could do if we could, use.of his IN REBUTTAL Mr. Garveyo We have a plan at the present time and to stop all such zoning action would be stopping progress and right to usefulness of his property. I do that nor would we want it to be done. It might but we certainly do not desire to deprive a property. information, but if I have imply it. Statements have been made that I have inferred things, but I do .not infer things only for my own something to say, -I say it, I do not I would also like to have stricken from the record the personal references made, relative to Mr. Handler, as I believe it is.very, unfair to consider these or to have stated them to be made refer- ence to as to whether this piece of property should have zoning or not. Where this has been done before, you do not have any hardship and there are numerous instances of C-1 abutting residential in the City. It may not be the most desirable always, but sometimes such circumstances are impossible to avoid. This piece of property is divided generally by Azusa Avenue, Puente Avenue, C-3 use to the south and a school use to the southwest immediately adjoining. There are a row of homes directly affected, which we have conceded all along. So far as the rest of it, it is proper zoning to consider because of location of property, impact of traffic with respect to it, traffic flow, etc. Speculation was mentioned here. When the Thunderbird Homes came in, an attempt was made to get 'More land from Mr. Handler. The Council had approved a relatively commercial use of a Department of Motor Vehicles in here, and the owner wasn't holding it for citrus groves or R-P when they say they checked the surrounding zoning. There was zoning of an entirely different use sought and granted. There is a technical distinction as to the catalogue of uses laid down in the ordinance or code provisions as to what type of things can go in a particular type of zone. The density of use is deter- mined by the precise plan and its relationship to boundary lines. To say one type of operation is heavier use than another isn't good technical evaluation and indicates this is too heavy a use of zoning. I do not want to go into the affect of the plan of Eastland and . the homes across from it. I will let the record from other test- imony stand rather than go into detail on it. Councilman Towner-, I think the record should stand as made, but just reject any merely personal testimony as not influencing the outcome of this case and not relative nor material to this particular matter. C. C. 7-24-61 Page Twenty-one ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Councilman Barnes-. Only Ralphs is applying for a ® change of zone, and there is a precise plan to come before us. I do not think Mr. Handler has any part in the picture, as he just sold it to Ralphs, as I understand it. City Attorney Williams-. This isn't a legal proceeding in the nature of a Court, and Council can weigh the material on both sides under its own judgment as to relevant material. a ILI Mayor Heath-. It is the feeling the Council Minutes shall remain as is. Councilman Snyder-. I would see no reason to hold this over and I, for one, would like to act on zoning right now. I do not see what additional information you can get in regard to the zoning. Councilman Towner; You get this additional infor- mation. Here you are not going to have buffering by zoning. If you grant commercial on the entire property, it is commercial immed- iately adjoining residential, so the only possibility of buffering is through a precise plan, and if you are going to protect residences in accordance with established policy, you should determine zoning should be granted only if residences can be:°.buffered by precise plan. Councilman Snyder-. We have been told it is illegal to zone by precise plan. Councilman Barnes-. But a precise plan controls setbacks, etc. Mayor Heath-. I would go further and say I do not know whether this piece of property is adaptable to a com- mercial zone and if you can show me by precise plan it can be adaptable and protection given to homes, I might consider it is adaptable for commercial. Councilman Snyder-. Mayor Heath-. in such a zone by a precise plan. Councilman Snyder-. But it has been stated it is illegal to zone by precise plan. I would like to see the precise plan so that I can assure myself adequate protection can be given I still do not feel that is the question here. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that Zone Change No. 182 and Precise Plan of Design No. 266 be continued to the next regular meeting. Councilman Snyder voting "No." A C. C. 7-24-61 Page Twenty-two Mayor Heath called a recess. Council reconvened at 9.-47 P. M. SAN GABRIEL VALLEY SYMPHONY Mr. R. Shield.- I am second Vice -President of this Associ- ation, and we would like to talk to you for just a few moments to cover two points. One is to give you some background of what this is and does, and the second to solicit the support of Council, and through Council the citizens of the City to support our symphony. Mr. Shield introduced Mr. Streight, past President of the Associa- tion. Mr. Streight.- This was started in'Monrovia and expanded into a full-fledged orchestra about thirty years ago. It is supported by the Los Angeles Board of Supervisors through the Los Angeles County Music Commission, as well as the cities of Arcadia, Monrovia and Covina. Further, it is supported from the Musicians Protective Association, a recording trust fund, which has money deposited in New York by recording companies for each record made and supports various musical operations in com- munities. The rest of the money is from community patrons, most of which are in Covina and West Covina, and the other 40% From Arcadia, Monrovia and other areas. This started four years ago in the east end of the Valley and we used the Covina High School auditorium, which was condemned, and then we moved to Citrus, as it was the only available auditorium around. This orchestra has had a great deal of growth and interest and is very well received. At our first concert., we had 67 people in the audience, and this last year we had from 450 to 500 in attendance when it was presented in Monrovia. We duplicate the concerts for the convenience of the people, and have six basic concerts through the season. We also support a junior orchestra, drawing members from this area. Also, we have young artists who audition to perform in concert with the orchestra. We are an incorporated non-profit have donation patron members and our concerts are free. Councilman Snyder.- Mr.Streight.- Councilman Snyder. - organization and, although we donation at the door, basically You are asking us for some financial support? Yes. How much do the three cities mentioned support you? Mr. Streight.- Covina gives $250.00 and ® Monrovia and Arcadia $500.00, and $2,000.00 from the County. The members of the orchestra are largely amateur and by that we do not mean incompetent, but people who were professionals in the past or professional who play and like to continue, and we supplement these with professional musicians and pay wage scale to them. 0 C. C. 7-24-61 Page Twenty-three SAN GABRIEL VALLEY SYMPHONY - Continued Councilman Barnes-. Where are you located at the present time? Mr. Streighto We are rehearsing in the Mon- rovia High School and have performed in the Clifton Aud- itorium in Monrovia and Citrus College in Glendora. This is a problem of limitation of places to perform. Councilman Snydero Many cities have a symphony orchestra which they support fully, Maybe we could transfer this to the Parks and Recreation Department. Mr. Streighto this type of thing alone. Mayor Heatho City Attorney.Williams-. Mr. Streighto We have a large population here, but many small communities and none are large enough to support Would this be a gift of public funds? It would be unless there is a contract.of some kind with this. We have a contract with all these communities which the County sends out. Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that in line with the.City's desire for cultural activities in the City, this matter be referred to the Parks and Recreation Commission for,their recommendations. Mayor Beath, This is no provision within the budget for any contract of such services. Councilman Snyder,. This is why we are referring it to the Parks and Recreation to see if they would have provisions or means. Mayor Heath-. After the joint meeting of last week, it might be a poor place to refer it to. Councilman Snyder-. However, we have something to decide here, and I am willing Council make the decision, Councilman Barnes-. I agree. Councilman Towner-. We can't decide here, because we are still waiting on the budget. Mayor Heath-. Evidently the thing desired here is to. have the Commission indi- cate whether this is a worthwhile type of thing to have here or not, in their opinion. C. C. 7-24-61 Page Twenty-four ZONE CHANGE NO. 190 LOCATION- Approximately 336 (Edward J. LaBerge, Jr.) N. Azusa Avenue, between Workman _HELD OVER TO MEETING OF and Thelborn Avenues. ® SEPTEMBER 25, 1961 WITH PERMISSION OF APPLICANT Planning Commission recommended approval of request to reclassify from Zone R-P to Zone C-1, .Resolution No. 1068. Maps were presented and the City Clerk stated that the record should show that Notice of this public hearing appeared in the West Covina Tribune of July 13, 1961. The resolution of the Planning Commission was read. Mayor Heath opened the public hearing and stated all those desiring to present testimony should rise and be sworn in by the City Clerk. IN FAVOR Mr. A. Slade This piece of property we are 1924 E. Greenville Drive talking about is now very suit- able for a zone change, because we have already in that block "C" property, also across the street and up a bit on Azusa Avenue, there are other pieces of "C" property. next door, or two or three doors down, we have the American Legion building, to which I have donated to putting a wall up on some of my property so they could do more entertaining in a patio affect and help them to raise more funds. This is all taken into consideration as business, whether Oit has business permit or not, but we also have business in that area. On this piece of property to be discussed tonight, it is far enough away from R-1 property and there are, or have not been, protests from property owners against this piece of property. I think this -should be rezoned to "C" property. Mr.-E. J. LaBerge, Jr. 20510 Rancho San Jose Drive Covina The corner of Azusa and Workman has a "C" operation in an R-A zone, and gone through a zone change. He has which we have had to pay to ask for given some time ago, I feel this zone change would be just and equitable, and if it is denied again by the Council, I feel that I would indicate that I am being discriminated against. Verns Oldsmobile use, which is only by variance, it has never saved many dollars in fees something we should have been The American Legion is an operating "C", as they sell liquor and are running dances under a conditional use permit, and they didn't have to go into lengthy drawings or fees to get it, which we have had to do. Good zoning is zoning for the highest and best use, which here is C-1, and there is little demand on this location for R-P renters, but there is quite a demand for C-1 rental here. The surrounding property owners have made no objections. It was a 3-2 vote by the Commission last year, and it was overruled by Council, but.this time it was approved unanimously and was well recommended by Mr. Joseph in that this is equitable and should be granted. C. C. 7-24-61 ZONE CHANGE NO 190 - Continued Mr. E. J. LaBerge, Jr. - Continued - Page Twenty-five OI was pleased to observe that the remarks of the majority of the .Council were not to wait for master plan in granting of zone changes. There was reference made that this other use coming was larger than mine, but the only large store is owned by Ralphs, and there will be many others surrounding it, and these individual stores will enjoy a zone change the same as Ralphs, even though they are not owned by Ralphs and none of these stores will be over 50 or 60 feet in depth. Our building would be of like depth, and so we cannot be called a small development. It is good commercial size and there will be 4,000 square feet when finished, and there will be adequate parking in the rear, and in front over 30 feet of easement. There are no home owners being injured, and this zone change would serve to correct the inconsistencies in the immediate area. If you see no need for small commercial, why allow them around Ralphs? You will have good control over ours when they are built. This is a large strip, over all, with possibly more square footage than Ralphs, which appeared to have your favor, We contain ours every bit as well as the other proposal, and we ® were no speculators. We improved the property with the buildings and have shown good faith in developing our property, and are only asking approval to go ahead further. It has been stated that the die was cast some time ago when the American Legion Hall was granted, and that started something here and probably you could not stop it. I feel I am asking only for what is just here. Councilman Brown has made the point that the Legion Hall was the only one to enjoy "C" zoning and they got "C" zoning and stated that in giving "C" here, it would be opening it up to "C", and our question is, "Why not, when it already has been given to the surrounding area?" The main reason for the vote on the Commission was to eliminate this different strip of zoning between Workman and Thelborn and to firm up the zoning as a whole. I do not feel it is fair to demand we spend something more to grant us what is only fair here. Mrs. Gladice LaBerge- When you turned us down for "C" zoning on this property, you indicated your desire to wait for the master plan, and I am delighted to see that you can change your minds, as evidenced by Ralphs hearings. It was stated there is much difference between a small development and a large one, but that can contain many small to make one large and if it is small, it should have as much right to consideration as a large development. The government tries to give small busi- ness a break, and limit the large ones with anti-trust legislation. • LJ C. C. 7-24-61 Page Twenty-six ZONE CHANGE NO. 190 - Continued Mrs. Gladice LaBerge - Continued: The last time we asked for "C" zoning, we applied with Mr. Cassler,. and comments made by you were concerned over building facing Thel- born and parking on the corner as shown on Mr. Cassler's precise plan, and it was stated you wanted to see the property and buildings before committing yourself. The buildings are 55 feet in depth, and the balance of the land is vacant. The proposed buildings will be the same depth and anything else you might desire to recommend. We have applied here alone and not with Mr. Cassler, although we feel the whole block should be "C" and that he is entitled to it, but that he should satisfy you as to building and parking and I believe the depth is adequate for "C" usage. No neighbor objection to this "C" zoning, because there is buffering of R-P to the rear and R-3 to the rear of that, Councilman Brown stated, when we tried to get R-P zoning on Danes and Eckerman in that there was a need for R-P now, how could there be a need for R-P there and yet not here, and indicated we changed the truth to suit our own motives. However, Mr..LaBerge stated there was more need for "C" than R-P, and we planned to move our real estate to Danes and Eckerman. That was one need for R-P, but we do not wish to move because this is a better location, but we feel that property can't be anything but R-P, because it is so shallow, whereas this property can be for "C". Demand for R-P is limited and demand for "C" is greater. Therefore, we were going to build at Danes and Eckerman, but we are waiting for "C" zoning where we are now, and when we do obtain that, we have an applicant for the whole 56 feet for a Prime Rib eating house similar to Lowry's., but they will not limit it subject to zoning. If you need additional information or desire to wait for a precise plan or master plan, please give us a continuation. Mr. Bluthrode I am not specially against this, 1830 Pioneer Drive but again this is -a part of the battle of Azusa Avenue. Any zoning problems here are also in regards to problems up here. It is the same thing on a smaller scale in that there is no R-1 right against it, Mr. C. Sickinger I have attended numerous meetings 755 N. LaBrea on property along Azusa. This is just another portion of creeping changing of zone along here. First this goes R-P then commercial, and then you move R-P up another block, then that will go commercial and you move R-P up another block. I moved here nine years ago to enjoy my home and be outside and to have a swimming pool without a lot of noise, lights, etc., and that is what we are now running into. Mr. LaBerge is talking about the small business man, and I am talking about the small property owner. We must come before Council many times, and we have to stumble along and get neighbors together. They have a real smart attorney to speak, then we speak and then they rebut ---it's just going round and round. a 16 C. C. 7-24-61 ZONE CHANGE NO. 190 - Continued-. Mr. Bluthrode-. trend. Anyone can use it all down so far as commercial is concerned. IN REBUTTAL Mr. LaBe rge -. Page Twenty-seven The arguments used by the appli- cant could be used by anybody in regard to creeping commercial the line in a never ending cycle I would only point out that ours is very well bufferedo There being no further testimony, the hearing was declared closed. Councilman Towner-. Mr. LaBerge-. Councilman Towner-. Mr. Joseph-o there is no plan filed for specific there is an old plan filed. Councilman Towner-, parking, traffic circulation, etc.? Mr. Joseph-. Does this pertain to property which has existing building or vacant property or some of both? Includes whole 74 feet on which one building is already built. Is there a precise plan on this property? A while back there was a precise plan when Zone Change 171 was before you, but at this time vacant property, but I believe, When they ask for a building permit, he has to state the use and check out adequacy of No building permits are issued until the plan is checked for irregularities and zoning pro- visions have all been meta Councilman Townen I recall the comment before on North Azusa Avenue, how we had been willed a problem, I recall some years back, on the Planning Commission, it was recommended against what was done here. What has been done has been done, and now we have to try to straighten out a difficult situation. We hoped to get it straightened out as much as we can through a master plan study that is in effect. The question of creeping changes is certainly one that should concern us, but I feel it can be con- trolled and halted if proper planning technique and methods are implemented with zoning. In this case, it appears to me it would be only equitable to grant commercial on a limited scale asked for in accordance with the existing uses already in this area. Councilman Barnes-. I feel as I felt before, with the existing property around this particular property being C-1, I do not see how we can help but give C-1 zoning. I think the precise plan will govern setbacks and protect other properties. I see no reason this shouldn't be C-1. • • C. C. 7-24-61 ZONE CHANGE NO. 190 - Continued Councilman Snyder: Page Twenty-eight I can't see how the Planning Com- mission could permit C-1 here and not to the north. They are com- pletely disagreeing with themselves. The same arguments could be held here, even more so, as to the area to the north. Although it is indicated that we can possibly stop this creeping C-1, we haven't been able to do so in the past, and we will end up with Azusa being stripped instead of master planned and I can't see granting C-1 at this time. Mayor Heath-. I can understand Councilman Towner's feelings, and if we start this, we should go to a good breakoff point. However, I also see Councilman Snyder's point as to what this could be. If it is given commercial, the property next to is will be in for commercial, and the next thing it will be up to Thelborn Street. I can't see leaving commercial on one side of Thelborn Street and not on Thelborn Street going up the line. We do not know of changes regarding Ralphs, it has not been final- ized yet, and so I see no changes in the past six months in this area. I couldn't see justification for commercial here and see nothing different. My feeling was that I wouldn't want to make small commercial establishments alongside Azusa Avenue in the same way Glendora is lined, so I can't see commercial here any more than I could six months ago. Councilman Towner-. Apparently, the problem that is most bothersome to the Mayor and Councilman Snyder is the possi- bility of creeping commercialism and strip zoning up and down Azusa, which bothers me, too, but my thought is that we could draw the line on it, even though we granted this tonight. Obviously we have a 2-2 Council here, and on that basis it would seem in accordance with the applicant's suggestion that we continue this, pending the master plan study or the appointment of another member of the Council, although I would prefer the basis of the master plan study so we can hold any creeping commercial in line. Mayor Heath-, subjecting a new member of Council Councilman Towner: tie on this, I think it should be If we could hold to general plan to get an idea on this, I wouldn't object to it, but I can't see to this out of a clear sky. I would prefer a plan study before use This is a long time problem, and if Council is to held for master plan information. Councilman Snyder: I would agree with that, and I think, too, it shouldn't be put up to a new Councilman. Mr. Joseph explained the possible timing on the new master plan and Mayor Heath indicated that to hold for this would be talking about ten months or so, evidently. C. C. 7-24-61 Page Twenty-nine ZONE CHANGE NO. 190 - Continued Councilman Barnes-. I would bring up a point here, not to argue, but to state a 10 fact we should look at. Within one block there are two "C" commercial properties; the Legion Hall that has a variance to operate on conditional use permit, which carries approximately a C-1 zoning use, and within this same block there are two other such specific pieces of property. When you zone in this manner, in this block, the whole block should have one particular predominant zoning. I have stated, and I believe you have stated, Mayor.°Heath, that a street then becomes a buffer, and I believe Thelborn then would become a better buffer. If you want.to, you could more easily stop at Thelborn than at the two uses here and this whole block starting C-1 to the south should have been stopped long ago, but since it did not, and we zoned a portion of it, we should zone the whole block. Councilman Snyder-. I can understand that, but I think we are going to get better development to have it all zoned at once than zone it piecemeal. It would give a better development and would be beneficial to the City if we wait to see what the plan does consider here. Councilman Barnes-. That might be true, but we have two property owners. You wouldn't have several property owners who • want what others have. Thelborn would be better stopping point for C-1 under the circumstances. Mayor Heath-. I do not think so, because across from Thelborn they will feel en- titled to commercial, and it would be up for commercial. Councilman Towner-. The place for stopping it lays between one and two, 53 feet here and Thelborn. I am not saying what we should do north or south on Azusa, but that circum- stances indicate C-1 zoning here and would certainly be in keeping with what has already been permitted there and is in existence. It only seems logical and equitable to clear this here, even though the over all picture is not good on Azusa. Councilman Barnes-. I agree, the area between Workman and Thelborn should be "C" prop- erty and should be given "C" in that block. Mayor Heath-. The statement I gave before was the fact that should this be zoned commercial and the real estate moved out of these buildings, that the only commercial you would have would be a momma-poppa type commercial development. This is the statement I made and intended, and I feel it is true. The size of these stores are small and I do not see how any kind of commercial establishment could be put in there except very small types. Possibly they might be supplemental to a large shopping area, but there is none around there. 0 C. C. 7-24-61 Page Thirty ZONE CHANGE NO. 190 - Continued Councilman Snyder.- The reason for the Planning Com- mission turning down Ralphs need of commercial zone was the effect on abutting residential properties. The need for commercial zoning was not satisfied and there would be nothing gained by strip com- mercial along Azusa and this argument applies as much in here, or more in here, than at Puente and Azusa. Mr. LaBerge.- You would have 4,000 square feet of buildings in here. Across the street you have the same size building granted them in "C" zoning north of freeway on west side of Azusa. Mayor Heath questioned as to limitation of a variance or use permit and possibility of American Legion Hall, to be specific, reverting back to original zoning, but it was indicated that it*could be a non- conforming use so long as it is not improved upon or expanded. Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that the motion to close the hearing on this matter be rescinded. Motion by Councilman Snyder, seconded by Councilman Barnes, that the hearing on Zone Change No. 190 be reopened and continued to September 25, 1961, with the consent of the applicant. • Mrs. LaBerge indicated that they did not feel that they could retain the interest of the proposed user of this property, as had been pre- viously indicated-, for the length of time that this matter was to be held as designated by motion of Council, and asked if the matter could be held for one month rather than two. However, Council indi- cations were that generally they would not go along with this idea, and if they desired this matter to be continued, it would be on this basis, The applicant indicated his approval and consent to the date indicated. WEED ABATEMENT ASSEMENT 1961 Hearing of Protests City Engineer's Report. Confirmation of 1961 Assessment for Weed Abatement pursuant to City Council Resolution No. 2020. Mayor Heath stated that this was the time and place for the hearing of protests relative to Weed Abatement Assessment for 1961. Mayor Heath.- Mr. City Clerk, do you have the Affidavit of Posting, as required by law? • City Clerk Flotten.- Mayor Heath. - I have the Affidavit of Posting. I will entertain a motion that the Affidavit be received and filed. Motion by Councilman Barnes, seconded by Councilman Towner, and carried., that the Affidavit of Posting be received and filed. • 0 C. C. 7-.24-61 Page Thirty-one WEED ABATEMENT ASSEMENT - continued Mayor Heath- Have there been any written ob- jections? City Clerk F'lotten- There have been no written ob- jections presented. Mayor Heath- Is there anyone in the audience desiring to speak in protest? There being no written or oral protests presented, the Mayor declared the hearing closed. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the Weed Abatement Assessment.Report be confirmed as submitted to the City Council by the City Engineer. PLANNING COMMISSION TENTATIVE MAP OF TRACT NO. 26791 . APPROVED William A. Wilson, Subdivider. LOCATION- Between Lark Ellen Avenue and Wilson Drive, northerly of the southerly boundary of West Covina, 2 Acres - 8 Lots - Area District II -A Approval recommended by the Planning Commission on July 19, 1961. Maps presented and conditions were read and explained. Motion by Councilman Barnes, seconded by Councilman Towner, and carri."ed., that Tentative Map of Tract No. 26791 be approved, subject to the recommendations and condition of the Planning Commission. METES AND BOUNDS SUBDIVISION LOCATION- Along the westerly side NO. 135-182 of North Vincent Avenue between (Don C. Lush) Casad Avenue and Swanee Lane. APPROVED Approximately 1/2 Acres - 2 Lots Area I Approval recommended by Planning Commission on July 19, 1961. Maps were presented and the conditions were read. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that Metes and Bounds Subdivision No. 135-182 be approved subject to the recommendations and conditions of.the Planning Com- mission. • E C. C. 7-24-61 RESOLUTION NO. 2154 ADOPTED Mayor Heath-. Page Thirty-two The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DETER- MINING THAT THE CONSTRUCTION OF CERTAIN SANITARY SEWERS IS -,NECES- SARY AS A HEALTH MEASURE IN HILLHAVEN DRIVE AND OTHER STREETS AND RIGHT-OF-WAY IN THE CITY OF WEST COVINA." (Atli-60-2) 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: None Said resolution was given No. 2154. RESOLUTION NO. 2155 ADOPTED Mayor Heath: The City Attorney presentedo "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROV- ING MAP OF ASSESSMENT DISTRICT FOR IMPROVEMENT OF HILLHAVEN DRIVE AND OTHER STREETS AND RIGHT-OF-WAY IN THE CITY OF WEST COVINA." (A'11-60-2) Hearing no objections, we will waive further reading of the body of the resolutiono 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. 2155. RESOLUTION NO. 2156 ADOPTED Mayor Heath: The City Attorney presented. - "A RESOLUTION OF THE CITY COUNCIL ..OF THE CITY OF WEST COVINA ADOPT- ING THE PROFILE AND IMPROVEMENT PLAN AND SPECIFICATIONS FOR IMPROVEMENT OF HILLHAVEN DRIVE AND OTHER STREETS AND RIGHT-OF- WAY IN THE CITY OF WEST COVINA." (Atli-60-2) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Baynes, that said ,resolution be adopted. Motion passed on roll call as follows-. Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None • • 40 C. C. 7-24-61 RESOLUTION NO. 2157 ADOPTED Mayor Heath. - Page Thirty-three The City Attorney presented. - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO IMPROVE HILLHAVEN DRIVE AND OTHER STREETS AND RIGHT-OF-WAY WITH A SANITARY SEWER SYSTEM IN THE CITY OF WEST COVINA; DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFORE; DECLARING THE WORK TO BE MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT At11-60-2." 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.- None Said resolution was given No. 2157. Councilman Snyder left the Chambers, REVIEW OF PLANNING COMMISSION Councilmen requested that Precise ACTION ON JULY 19, 1961 Plan No. 283 in relation to Zone Change No. 192 (Reeves) and Pre- cise Plan No. 282 in relation to Zone Variance No. 346 (Busching) be brought before Council at the public hearing of zoning and variance. Councilman Snyder returned to the Chambers. Mrs. Van Dame.- Have you contacted Mr. Brown to perhaps change his mind and not have him resign his seat on the Council, because he has been a conscientious and devoted Councilman, devoted to the City and its people, and should have been contacted before you so hastily, and I mean hastily, accepted his resignation? Mayor Heath; He has been ill for quite some time and had considered this move for better than a year. We were aware of the fact he was.ill and had considered it and circumstances were such that he could not continue. C. C. 7-24-61 Page Thirty-four DISCUSSION RE. RESIGNATION OF COUNCILMAN BROWN - Continued Mrs. Van Dame: • time -he did not want to that, and I am sure he Mayor Heath: The last time he asked for a leave -of -absence, but there was such a hub-bub about it that this go through the same thing, and he told me should be contacted. The reason he wasn't given a leave -of -absence when he asked for it prior was that we were in the middle of a public hearing at the time of his request, and I indicated that it was a matter that should be taken care of in a study session and not at that time, but he was not told he couldn't have a leave, no matter what his story is. Mrs. Van Dame. - want to make him change his mind. CITY MANAGER'S REPORTS PERSONNEL RESOLUTION I think he should be contacted and I think it would be courteous of you to do that and it might Discussion was held on this matter. It was generally indicated that those in the "Y" classification • should be included as recommended, but not including City Manager who specifically asked to be excluded. However, Mayor Heath was not in favor of including the Recreation Leaders and Recreation Heads, and Councilman Barnes was not in favor of including the Police Reserves, in that he felt this is on their own initiative, they do not make a living at it, it is another job, and they like to do it and they had not been included before. A motion by Councilman Towner, with a second by Councilman Snyder, that the following classifications be included in any salary ad- justment at this time: Special Services Officer, Civil Defense, Minutes Clerk, Deputy City Clerk, Deputy Treasurer, Police Reserves, Multilith, Crossing Guards, Recreation Leaders and Recreation ;Gadz failed on a tie vote on roll call with Councilmen Towner and Snyder voting "Aye" and Councilman Barnes and Mayor Heath voting "No." There was discussion on -the Civil Defense salary in that the Federal Government would meet 50% of that amount and it was clarified that the amount total was �244.00, obtaining half of that amount from the Federal Government. Mayor Heath indicated that he felt the recreation leaders and recreation ,4:j4s should be eliminated and Councilman Barnes felt the same, because part-time help never was included before, and also, the police reserve should be eliminated because it was his . thinking this was actually done under their own volition that they take on this job at that price and it was a set price. Motion by Councilman Towner, seconded by Councilman Snyder, that the following classifications be included in any salary adjustment at this time: Special Services Officer, Civil Defense, Minutes Clerk, Deputy City Clerk, Deputy Treasurer, Police Reserves, Multilith, Crossing Guards, and excluding Recreation Leaders and Recreation 41 A es. C. C. 7-24-61 PERSONNEL RESOLUTION - Continued Motion passed on roll call as follows.- Ayes.- Councilmen Noes.- Councilman Absent.- None Page Thirty-five Towner, Snyder, Mayor Heath Barnes There was discussion among Council and with Mr. J. Klein, President of the West Covina City Employees' Association, in reference to in- crease in hospital fringe benefits. The Personnel Board had not recommended this and Council indications from all members were that .they felt this recommendation was in keeping with their own thinking on this matter. Motion by Councilman Towner, seconded by Councilman Snyder, that the recommendation of the Personnel Board for a 3% across-the-board salary raise be granted effective from July 1, 1961 with the absence of the positions indicated in the prior motion. Motion passed on roll call as follows.- Ayes.- Councilmen Towner, Barnes, Snyder, Mayor Heath Noes.- None Absent.- None Motion by Councilman Towner, seconded by Councilman Snyder, that'2% of the present payroll be reserved pending recommendation of the Ledermann survey. • It appeared from discussion of Council with the City Attorney that the motion regarding the 3% raise as indicated could be retroactive to July 1, 1961, as indicated, but that in relation to any change of salary structures relative to the Ledermann survey, that could only be indicated from January 1, 1962 and not prior to that time. Council indicated this is what it understood and had in mind rela- tive to the motions. _RESOLUTION NO. 2158 ADOPTED Mayor Heath: .The City Manager presented.- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING RESOLUTION NO. 1277 RELATING TO SALARIES AND CLASSES." 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.- None Said resolution was given No. 2158. C. C. 7-24-61 Page Thirty-six RESOLUTION NO. 2159 The City Manager presented. - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING RESOLUTION NO. 1277 BY ADDING CERTAIN CLASS SPECIFICATIONS." 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-. None Said resolution was given No. 2159. WIDENING OF AZUSA AVENUE Motion by Councilman Towner, (Jackson property right-of-way) seconded by Councilman Snyder, that authorization be given for the engagement of the firm of Verne Cox for appraisal services up to $500.00 for the appraisal of the Jackson property on Azusa Avenue. Motion passed on roll call as follows-. • Ayes-. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes-. None Absent-. None Motion by Councilman Snyder, seconded by Councilman Towner, that the City Manager be authorized to engage the firm of Verne Cox for ap- praisal service up to $750.00 for appraisal services on the Marshall property. Motion passed on roll call as follows-. Ayes-. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes-. None Absent-. None SCHOOL RECREATION AGREEMENT Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the Mayor and City Clerk be authorized to execute the agreement with the school. SPECIAL ASSESSMENT Motion by Councilman Barnes, ENGINEER'S CHARGES seconded by Councilman Snyder, and carried, that the Sanitation Department be authorized to allow the $1.00 per parcel Special Assessment Engineer's charges, as:per • the report of July 14, 1961. BUILDING PERMIT RATES Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the City Manager be authorized to take<.the necessary steps to change the Building Permit.rates. 9 • C C. 7-24-61 .TREASURER'S REPORT June, 1961 RETIREMENT EXTENSION OF FIRE CAPTAIN C. W. GUERIN APPROVED of Fire Prevention Officer. Page Thirty-seven Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the Treasurer's report for June, 1961, be received and filed. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that Fire Captain C. W. Guerin be permitted to work another year in his capacity DISTRICT A111-57-3 Motion by Councilman Towner, Singer Property seconded by Councilman Barnes, and carried, that the amount of $7,250.00 be approved as the appraised value for the Singer property to be included in the cost figures of Sewer District.A'11-57-3, with the condition that any additional amount (over the $7,250.00) will be subject to payment out of the general fund. CAMERON AVENUE EXTENSION Motion by Councilman Towner, Kandel property seconded by Councilman Barnes, and carried that the plans and specification of the City Engineer be accepted for City Project No. C-121. Motion by Councilman.Towner, seconded by Councilman Snyder, and carried, that the City Engineer and City Clerk be authorized to call for bids on City Project No. C-121. REQUEST TO INCREASE WATER RATES Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the City Attorney be authorized to oppose, before the P.U.C., the increase in water rates requested by the Suburban Water Company to be held at a hearing on July 26, 1961. ORANGE AVENUE SEWER RELOCATION Report prepared by the Engineering AND WALNUT CREEK WASH PROJECT Department was presented on pos- sible amount of refunds as to specific amount and possible refund amount on over all program, but which will not be actually known or confirmed for possibly a �eriod of twelve months. Ad- vance amount to flood control was 5,900.00, which was only a small item of the major project, and the total cost $3,450.00 possible with a refund of $2,450.00 possible over all refund on whole pro- gram.$50,000.00 to $100,000.00 estimate only. The City Manager requested one day vacation on Friday, which was granted. • C. C. 7-24-61 Page Thirty-eight REQUEST OF MR. McMILLAN Replacing eyeglasses at the cost OF THE.CITY STAFF of $62.00, due to accident on City property. This matter was to be looked into further and was tabled until the next meeting. REPORT REGARDING CASH BONDS From Vaughn Walters, Finance Officer. This matter was held until next meeting. CITY.ATTORNEY ORDINANCE NO. 712 The City Attorney presented - ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE TO REZONE CERTAIN P�E MISES." ( City Initiated) (Z C 188) Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that further reading of the ordinance be waived. Motion by Councilman Towner, seconded by Councilman Barnes, that said ordinance be adopted. Motion passed on roll call as follows° Ayes- Councilmen Towner, Barnes, Snyder, Mayor Heath Noes- None Absent- None Said ordinance was given No. 712. ORDINANCE NO. 713 The City Attorney presented- ADOPTED "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 . " ( T . J . Stanford) (zC_ / V 7) Motion by Councilman Barnes, seconded by Councilman Towner, that further reading of the body of the ordinance be waived. Motion by Councilman Barnes, seconded by Councilman Towner, that said ordinance be adopted. Motion passed on roll call as follows- Ayes- Councilmen Towner, Barnes, Snyder, Mayor Heath Noes- None Absent- None Said ordinance was given No. 713. ORDINANCE N0, 714 ADOPTED 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 & Babson #2) (z c � Ys) 11 n LJ C . C 7-24-61 ORDINANCE NO. 714 - Continued Page Thirty-nine Motion by Councilman Towner, seconded by Councilman Barnes', and carried, that further reading of the body of the ordinance be waived. Motion by Councilman Towner, seconded by Councilman Barnes, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said ordinance was given No. 714. RESOLUTION NO. 2160 ADOPTED Mayor Heath-. The City Attorney presented.-. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA EXPRESSING ITS APPRECIATION FOR THE FINE SERVICES OF JAY D. BROWN." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, 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. 2160. 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.." (City Initiated) (Rezoning series of tracts placing them into R-1.) Motion by Councilman Towner, seconded bar Councilman Barnes, and carried, that further reading of the ordinance'.be waived. Motion by. Councilman Towner, seconded by Councilman Snyder, and carried, that the ordinance be introduced and given its first reading. RESOLUTION NO. 2161 ADOPTED The City Attorney presented. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING A PORTION OF THE MASTER PLAN OF STREETS AND HIGHWAYS RELATING TO GRAND AVENUE FROM THE SAN BERNARDINO FREEWAY TO THE SOUTHERLY CITY LIMITS." • • C. C. 7-24-61 Page Forty RESOLUTION NO. 2161 - Continued 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, Barnes, Snyder, Mayor Heath Noes-. None .Absent-. None ,.Said resolution was given No. 2161. INTRODUCTION OF ORDINANCE The City Attorney presented-. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO PINBALL AND OTHER MACHINES AND DEVICES." (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 and given its first reading. CITY CLERK POINT OF INFORMATION LETTER FROM CLARA WATTS Invitation from the City of Azusa to attend groundbreaking ceremonies for Fire Station on July 20, 1961. Re-. Little League Baseball. Complaint regarding loudspeakers at Merced -Walnut Park. It was indicated by Councilman Towner that.this has been somewhat corrected, probably, in that the League was contacted and they agreed to put a sign on the announcers booth requiring the speaker to be toned down, it is much too loud; and that insofar as the dust is concerned, it is not known how much you can do relative to the matter., although there might be blocking off of some of the parking area,�.•although there apparently is not a desire on the part of Council to spend money to improve this at this late date with League ending soon. Councilman Barnes indicated, however, there should be as much action taken as possible, and immediately, to alleviate difficulties here. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that this letter be referred to Mr. Gingrich for immediate action. • • C . C . 7-24-61 REQUEST OF GIRL SCOUT COUNCIL Page Forty-one Re: To sell calendars. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that this request be granted for the period of November 13 to November 30, 1961. RETARDED CHILDREN'S ASSOCIATION Re-. Benefit performance. August 11, 1961. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that permission be granted to solicit benefit tickets in the City by telephone. STOP SIGNS ON HOLLY PLACE from Mr. Philip Gordon TEMPORARY USE PERMIT APPLICATION Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that this matter be referred to Traffic Committee for report. Woman's Club of West Covina for carnival at Cortez Park September 22, 1961. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the request be granted, subject to Staff Committee review. TEMPORARY USE,PERMIT APPLICATION West Covina Presbyterian Church for carnival on Church parking lot September 30, 1961. Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that the request be granted, subject to Staff Committee review. AMENDMENT OF MUTUAL AID AGREEMENT DIRECTORY SIGN AT GLENDORA AND GARVEY AVENUES Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that the Mayor and City Clerk be authorized to execute the agreement. For direction to businesses at the rear of the West Covina Center. It was the consensus this be referred to the Planning Department and Commission. • ACKNOWLEDGMENT OF COUNCIL Copies to be sent to Council. RESOLUTION NO. 2133 FROM JUDGE BURKE REQUEST TO ERECT TENT FOR EVANGELISTIC SERVICES FOR 21 DAYS IN WEST COVINA (Rev.) Langford - Calgary Calls Referred to the City Manager. • C. C. 7-24-61 Page Forty-two REQUEST TO SOLICIT Multiple ;$sclerosis Association August 24 to 27, 1961. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that permission be granted and the license fee waived. MAYOR'S REPORTS Mayor Heath-. I talked to Means regarding his problem. He made the statement he was losing $10,000.00 a year on ambulance service and couldn't continue to service the City at approximately $14.00 per call when his calls should run $20.00 each plus $1.00 per mile. He stated that he had offered to sell his ambu- lance business to Crippen's for a small. fee and to sell his $15,000 ambulance for $5,000 if Crippen would take over, but Crippen refused. Means further stated that he had to have this $20.00 fee for City calls to stay in business. I contacted Mr. Grosse of the General Hospital and asked him what would happen if we terminated the contract with Means. He stated that we could receive services from any number of other ambulance services surrounding the City. Mr. Mean's location is an advantage to some degree. However, these other services could readily take care of the need. Upon investigation I found out and quote that Means City calls for ambulance service is 9 to 15 times per month and most of the time these calls are paid for by the person(s) transported in the ambulance. • It is only when these people can't pay that the City is billed, Councilman Snyder-. And they pay $20.00. Mayor Heath: That is correct. However, if they do not pay, the City M.00. s the bill at approximately With approximately 15 calls per month, with the major part paid for by persons transported, it would seem that approximately 5 calls per month would be charged to the City at the cost of $14.00.. This would mean a loss to Means, under the present situation, of 5 calls times $6.00, or $30.00 a month. Over a year period we would be talking about approximately $360.00. Mr. Grosse further stated that the County is not permitted to pay any more than approximately $14,00. However, it was indicated that Mr. Grosse is going to call for a business meeting to possibly reconsider this (County) price, although I have not talked to Mr. Grosse about this possibility as yet. By accepting this contract with Means, I do not see anyone is going to get hurt because of the fact we are talking about approximately $360 a year. I do not think this $360.00 is causing him to go out of busi- ness by any means, and that it would be to his advantage to get this $360.00. The rate is the same as the County pays and if the County pays this rate I do not see why we should pay $20.00. Means is centrally located, true, but indications are there -are other such agencies in the surrounding area who would be willing to take over. City Manager Aiassa.- wonder if we need a contract. Councilman Snyder. - Councilman Barnes: The Mayor submitted to Don Means whether he takes County contract or old contract. However, I do I do not think so, either. If the County is negotiating for a different rate, maybe there could be a change at that time. • • C. C. 7-24-61 AMBULANCE SERVICE - Continued Mayor Heath-. Page Forty-three Hold up any deal with Means until any negotiations are complete, if such a matter is actually going on, but if not going on, then reiterate to Means no change in rate., This agreed to be agreeable to Council. SUPERIOR COURT DISCUSSION There was a lengthy discussion on this matter among members of Council. However, in summary it appeared that most of the points brought out previously by Council- man Barnes and Mayor Heath were reiterated in this discussion also, i.eog there was some question as to whether this use here would actually gain us anything but possible prestige, with Councilman Towner and Snyder making some points in the direction that there would be gains other than prestige. But Mayor Heath, along with Councilman Barnes, again made the point --particularly the Mayor in his stand --that would appear they.were not adverse to this use being sanctioned for West Covina, but that they were very concerned against lowering in any way, acreage that has been designated for use for the City relative to prior statements. Indications were still that if it could be under 4 acres, that would be fine, and reports from various quarters indicated it very well might be, but no more than 4 acres and that was cutting it pretty close with that acreage to include parking. In other words, not four acres and then find out if more acreage would be demanded for parking, etc. The possibility.of under. - ground parking was again brought forth here and this appeared to sit well with Council generally. Councilman Towner inquired of Mayor Heath and Councilman Barnes . whether they were in favor of the Court and recognized its benefits provided it does not eat up commercial and civic center property land, and they indicated that was the way they felt. DEMANDS APPROVED Motion by Councilman Towner, seconded by Councilman Snyder, that Demands totaling $182,538.61 as shown on Demand Sheets C-273, C-274 and B-81 be approved. This includes fund transfers in the amount of $134,253057. Motion passed on roll call as follows-. Ayes-. Councilmen Towner, Barnes, Snyder, Mayor Heath Noes-. None Absent-. None Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that there being no further business the meeting be adjourned at 1:45 A. M. to Monday, August 7, 1961, at 7s30 P.M. It was indicated Council get together Thursday night, of this week, at 8 o'clock for a few odds and ends to be cleared up, ATTEST-. A P PROVED /"/, /%V Mayor City Clerk