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08-14-1961 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA. AUGUST 14, 1961 The meeting was called to order by Mayor Heath at 7:40 P.M. in the • West Covina City Hallo The Pledge of Allegiance was led by Council- man Barnes with the invocation given by The Rev. Thomas L,.Thomasma of the West Covina Reformed Church. ROLL CALL Present: Mayor Heath, Councilmen Towner, Barnes, Adams Others Present: Mr. George Aiassa, City Manager Mr, Robert Flotten, City Clerk Mr. Harry Cm Williams, City Attorney Mr. Thomas Dosh, Public Services Director Mr. Harold Joseph, Planning Director Absent: Councilman Snyder (to 7:48 P.M.) OATH OF OFFICE AS The City Clerk administered the MEMBER OF CITY COUNCIL oath of office to Mr, John Q, TAKEN BY MR, JOHN Q. ADAMS Adams as a member of the City Council of the City of West Covina. Council welcomed Mr. Adams. Mayor Heath stated that it was felt that • Council and the City was quite for- tunate in having a man like Mr. Adams with us, that many candidates had been interviewed and that it was thought that Mr. Adams' back- ground, thoughts and reasoning will make him a very valuable asset to the Council. APPROVAL OF MINUTES July 24, 1961 - Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the Minutes of July 24, 1961 be approved as submitted. CITY CLERK'S REPORTS METES AND BOUNDS SUB, NOo 135-166 ACCEPT STREET IMPROVEMENTS AND RELEASE BOND (Ben So Bingham) APPROVED LOCATION: Southeast corner of California and Service Avenues. The Employers' Fire Insurance Co, Bond No. SY 7438 in the amount of $3,500.00. Inspector's final report on file - staff recommends acceptance and re- lease of bond. • Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that street improvements in Metes and Bounds Sub. No. 135- 166 be accepted and authorization given for the release of The Em- ployers' Fire Insurance Co. Bond No. SY 7438 in the amount of $3,500.00. C Co 8-14-61 Page Two TRACT NO. 20551 ACCEPT STREET AND ALLEY IMPROVEMENTS AND RELEASE BOND (Sidney Jo Gittler) APPROVED LOCATION-. North side of -Garvey Avenue, between Vincent and Lark Ellen Avenues. Great American Inidemnity Co. Bend No. 662787 in the amount of $129500.00. inspector's final report on file staff recommends acceptance and release of bond. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that street and alley improvements in Tract No. 20551 be accepted and authorization given for the release of Great Ami-rican Indemnity Co. Bond No. 662787 in the amount of $12,500.00 PROJECT No. C-126 LOCATION-. Badillo Street, west of ACCEPT STREET IMPROVEMENTS Orange Avenue. AND RELEASE BOND (Aman Bros., Contractor) Travelers Indemnity Co. Performance APPROVED Bond No. 951746 in the amount of $49981.310 Inspector's final report on file - Notice of Completion signed m staff recommends acceptance and bond release. Motion by Councilman Adamsp seconded by Councilman Barnes, and carried, that street improvements in Project No. C-126 be accepted and authori- zation given for the release of Travelers Indemnity Co. Performance Bond No. 951746 in the amount of $4,981.31 subject to Notice of Completion procedure. PROJECT NO. C-314`7 LOCATION: Vine and Glendora Avenues ACCEPT TRAFFIC SIGNAL Argonaut Insurance Co. Performance IMPROVEMENTS AND RELEASE Bond No. 13293 in the amount of BOND $32224.00. (William R. Hahn, Contractor) APPROVED Inspector's final report on file - Notice of Completion signed - staff recommends acceptance. Motion 'by Councilman Towner, seconded by Councilman Adams, and carried, that traffic signal improvements in Project No. C-147 be accepted and authorization given for the release of Argonaut Insurance Co. Per- formance Bond No. 13293 in the amount of $3,224.00 subject to Notice of Completion procedure. RESOLUTION NO. 2162 The City Clerk presented: APPROVING FINAL MAP "A RESOLUTION OF THE CITY COUNCIL TRACT N0, 24002 OF THE CITY OF WEST COVINA APPROV- ADOPTED ING A FINAL SUBDIVISION MAP OF • TRACT NO. 24002; ACCEPTING DEDI- CATION THEREIN OFFERED* ACCEPTING AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND TO SECURE SAMEO:" LOCATION: Southeast corner of Cameron and Valinda Avenues. a C, :C, 8-14-61 Page Three RESOLUTION NO. 2162 APPROVING FINAL MAP TRACT NO, 24002 Continued Approves final map of Tract No, 24002 and accepts The Ohio Casualty and Insurance Co, Bond No. 997784 in the amount of $23,400.00 for street and sanitary sewer improvements. Tentative map approved • June, 1960 ® time extension granted to file final map ® staff recommends approval. Mayor Heath: Hearing no objections, we will waive f�Urther 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 Adams, Towner, Barnes, Mayor Heath Noeso, None Absent: Councilman Snyder Councilman Snyder took his seat in the Council Chambers at 7:48 P.M. RESOLUTION NO. 2163 ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA FINDING THAT PUBLIC SAFETY REQUIRES THAT NO DRIVEWAY OR CURB CUT PERMITS SHALL BE ISSUED ON THE NORTHERLY SIDE OF CAMERON AVENUE BETWEEN SUNSET AND EVANWOOD AVENUES." Mr, ;bosh went into the various ramifications of this particular matter and the City Manager indicated that the point to be remember- ed is that the original R®1 subdivision was designed and developed without access to Cameron and in this way the subdivider did not participate with any R/W on street improvement on Cameron Avenue. Mayor Heath - Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Adams that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes- None Absents None Said resolution was given No, 2163. RESOLUTION NO. 2164 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDER- ING AND DIRECTING THE UTILITY COMPANY TO PLACE UTILITY POLES AND OTHER FACILITIES BEHIND CURBS." LOCATION: East side of Orange Avenue, south of Service Avenue ® for the development of Precise Plan No. 263, Rev. 1 m Shoe Corporation of America, Co Ca 8®14-61 Page Four RESOLUTION NO. 2164 ® Continued 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 Adams, Townerg Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2164. RESOLUTION NO. 2165 The City Clerk presented: ADOPTED ".A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CHANGING THE NAME OF ARROYO AVENUE TO GARVEY AVENUE o 99 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 fellows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath • Noes: None Absent: None Said resolution was given No. 2165. RESOLUTION NO. 2166 ADOPTED Mayor Heath: The City Clerk presented: t9A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CHANGING THE NAME OF OREGON AVENUE TO GRAND AVENUE,99 Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Barnes that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No, 2166. • PRECISE PLAN NO, 260 ACCEPT SANITARY SEWER FACILITIES (Beattie & Miller) APPROVED LOCATION: West side of Azusa Avenue, south of Rowland Avenue. Bond will be released when street improvements are in and accepted. Inspector's final report on file staff recommends acceptance, Ca Cq 5-14-61 Page Five PRECISE PLAN NO, 260 ACCEPT SANITARY SEWER FACILITIES - Continued Motion by Councilman Towner, seconded by Councilman Adams$ and carried that sanitary sewer facilities in Precise Plan No. 260 be accepted and the bond held until street improvements are in . and accepted. RELEASE OF $1,000.00 Principal: Stan Sigur Sewers. STREET EXCAVATION BOND APPROVED Hartford Accident and Indemnity Co. Bond No. N-31-34994 in the amount of $1,000.00. Obligations guaranteed by this bond have been satisfactorily fulfilled. Motion by Councilman Towner,.seconded by Councilman Snyder, and carried, that authorization be given for the release of Hartford Accident and Indemnity Co. Bond No. N-31-34994 in the amount of $1,000.00 to the Principal, Stan Sigur Sewers. PLANNING COMMISSION PLANNING COMMISSION ACTION OF AUGUST 2, 1961 The City Clerk reviewed the action of the Commission re- lative to the various matters before them at their meeting of August 2. • To the question of Councilman Towner, Mr. Joseph stated that there had been no zone changes involved in any of the precise plans that had been heard before the Planning Commission. No other requests were made by Council to have before them other items than those so designated. SCHEDULED MATTERS PROJECT NO. C-121 LOCATION: Cameron Avenue from CAMERON AVENUE STREET Sunset to Evanwood Avenues. IMPROVEMENTS Awarded to Bids were opened at 10:00 A.M.2 Aman Bros. August 10, 1961 in the office of the City Clerk and referred to the Engineering Department for recommendation. Proof of publication of the notice of this hearing on July 27 and August 3, 1961 has been received from the West Covina Tribune, and also as a news item in the Green Sheet on July 25, 19614 The recommendation of the City Engineer was that the bid be awarded to Aman Bros. as the lowest responsible bidder, with all bid bonds returned to the unsuccessful bidders., • Bids received were as follows: Co Co 8-14-61 Page Six PROJECT NO. C-121 CAMERON AVENUE STREET IMPROVEMENTS - Continued AMAN BROS. $ 99229.99 CROWELL & LARSON 9,709.65 NO BID BOND BODDUM CONSTRUCTION CO. 102251,50 • D & W PAVING CONTRACTOR 109467.79 KIRKLAND PAVING CO, 102858.50 All bids contained 10% bid bonds except as designated above. Motion by Councilman Towner, seconded by Councilman Snyder that the award of the contract for Project No, C-121 be given to Aman. Bros. as the lowest responsible bidder in the amount of $9,229.99 and that bid bonds to be returned to the unsuccessful bidders. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent- None PROJECT NO. C-144-CIVIC LOCATION- Parking areas and CENTER IMPROVEMENT driveways around City Hall and Bid awarded to Little League Ball Park, Kirkland Paving Company Bids were opened at 10:00 A.M., August 10, 1961 in the office of the City Clerk and referred to the Engineering Department for recommendation. Proof of publication • of the notice of this hearing on July 20th and 27th, 1961 has been received from the West Covina Tribune and also as a news item in the Green Sheet on July 14, 1961. Bids received were as follows: Correction KIRKLAND PAVING CO, $ 32007.14 MAN BROS. 32091.57 JOHN W. TIEDEMANN 39483.24 AMERICAN ASPHALT PAVING CO, 39576.18 D & W PAVING CONTRACTOR 32676.00 BODDUM CONSTRUCTION CO, 49622.85 $ 42627.40 All bids contained 10%® bid bonds, The City Engineer recommended the contract be awarded to Kirkland Paving Co. as the lowest responsible bidder. with all bid bonds to be returned to the unsuccessful bidders. Motion passed on roll call as follows: Ayes:: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None • HEARINGS ZONE CHANGE NO. 182 Applicant: Ralphs Grocery Company APPROVED and LOCATION: 1742 Puente Avenue, PRECISE PLAN OF DESIGN between Eileen and Azusa Avenues. NO, 266 (Rev. 1) HELD OVER TO THE NEXT Request to reclassify from zone REGULAR MEETING R-P and R-A. potential R-P to C-1 Co Co 8-14-61 Page Seven ZONE CHANGE NO, 182 - PRECISE PLAN OF DESIGN NO, 266 REV (1) -Continued denied by the Planning Commission on May 17, 1961, Resolution No. 1044; appealed by the applicant on May 18, 1961. Hearing held over from meeting of July 24, 1961, Request for adoption of precise plan • of design denied by the Planning Commission, Resolution No. 1069; appealed by applicant on July 20, 1961. Mayor Heath: I believe the public hearing is still open on the zoning and the precise plan is before us tonight for the first time. On the zoning, the zoning was denied by the Planning Commission under their Resolution No. 1044. Does anyone desire to have this particular resolution re -read? (There were no such requests by Council members.) We now have a request for the adoption of a precise plan. This was denied.by the Planning Commission under their Resolution No. 1069. (Resolution No. 1069 was read by the City Clerk.) IN FAVOR Mr, Fe Garvey I represent the applicant and 274 E. Rowland Ave. it is my intention not to touch Covina, Calif. on the zoning phase except as necessary in rebuttal. I believe enough has been said on that sub- ject, from our point of view, related to those facts. I should like to take about 10 to 15 minutes on those matters related to • the precise plan of design, aside from zoning, because this is an appeal with respect to the plan which is on the board and which, I hope, you have had an opportunity to reviews It differs in essence from the original precise plan which was a group of associated stores in an IL° shape with the market at one end forming an ILF and a drug store at the other end. The revised plan has moved the buildings from 55-feet to 60-feet from the westerly line of the property, 5-feet additionally to the east, and has eliminated a number of the stores so that there are two solid uses now proposed in there which would be a department store and a grocery store consolidated into two adjoining buildings to which there is a patio entrance in between. This plan eliminates the service station from the corner, which is a presently permitted use, and will be used for parking area instead. The architect, in drawing this plan, attempted to comply with all the conditions laid down on the original plan approved by the Commission, I would actually direct your attention, for the min- ute, to what the motion of the Commission was, that there would be heavier use. But I doubt if there would be more with this than with the other because here you have only two users whereas the other had a number of users which were a department store, drug store and satellite tenants, so delivery and truck traffic coming • in will be cut down. I do.not believe there will be any particular increase in the amount of vehicular traffic coming to the build- ing because of two uses rather than what was proposed before. Co C� 8-14-61 Page Eight ZONE CHANGE NO. 182 - PRECISE PLAN OF DESIGN NO, 266 REV (1.) -Continued Mr. Garvey - Continued: The elimination of the service station was desired by many people • and it has been the feeling that there are enough service stations there at the moment, I do not believe, necessarily, that service traffic abutting R-1 is detrimental to the precise plan because you need ground use of the property to service it efficiently and other patterns .in the City of a similar use or location, a number of grocery markets such. as Safeway and others, are abutting residential areas and receive deliveries. Therefore, I do not think this is a valid objection. With respect to the loading zones, they are logically Located at the back because of practical and economic reasons. Ralphs proposal is to make a pit or incline down to unload at floor level which will be protected by a wing wall and not to be visible from the wall provided at the back or traffic passing here because of walls in here. This is located adjacent to the golf course with possibly one house affected but there are schools here so there is a minimum atount of interference of backyard living from the storeo Adequate parking can be provided, and I believe the conditions designed by the architect meet every single condition laid down in the original precise plan and improved it by extending the building • 5-feet as we had 55-feet and now have 60-feet including a buffer strip to be filled with planting recommended by the proper departments. It had been maintained that you couldn't have deliveries always made from just 7 A.M. to 6 P.M. but ordinarily delivery would not start before 7 A.M. and ordinarily they would be completed by 6 P.M. However, sometimes an emergency delivery would have to take place. But the hours stated are the normal delivery pat- tern on both the uses to go in here. Another question raised was when this would start. It will start as soon as it is feasible to get a building permit and complete necessary architectural steps. Both applicants are willing to go immediately ahead when drawings are prepared, necessary engineering done and plan checks proved. But the land is expensive and cannot remain idle. Both portions of the precise plan shall be developed at relatively the same time. There may be some slight difference as to which end will be started first but to all intents and purposes both will, develop at the same time. The Planning Commission indicated it was a feasible plan and also indicated it was an improvement and I am at a loss to understand the approval of the first plan and the denying of the second plan when it was indicated that the second plan was an improvement. • IN OBJECTION Mr. No J. McNeill On July 31 I attended the joint 636 No. Eileen meeting of the Council, Commission and Chamber of Commerce. The purpose was to determine which Co Co 8-14-61 Page Nine ZONE CHANGE NO, 182 - PRECISE PLAN OF DESIGN NO, 266 REV (1) -Continued Mr. McNeill - Continued • way the City was going as to commercial development and it was decided that geographically the City is, without a doubt, the commercial center of the San Gabriel Valley. If this is true the City,should be able to pick and choose the types of business to locate here. Now isn't the time to accept any offer that comes your way. Just because business is asking to come in you shouldn't just say "here it is, take your pick and no matter where you locate we will rezone to fit your wish." The City should say, if the business is the kind we want, that the City has rules and regulations for them to abide by. The Commission and Council agreed on West Covina having more than enough discount houses now and yet this is what is being offered here, which is Zody's as indicated in the Los Angeles Times, and that they are opening some 33 new stores in the next few years. If the City is to be the commercial center of the valley we need the type of business that will attract shoppers here, and another discount: house won't get shoppers in here, let alone from all over the vall.eyo What bothers me is that if a representative of a particular business tells the City it wants to locate on a particular piece of property, and if this piece of property is not zoned for business, and if that business only is planning to use part of the property, and if this • business doesn't say who is going to use the rest, - will Council grant a zone change not knowing more than this? On Zone Change No. 182 the meeting was held open for the purpose of viewing the precise plan. The Commission denied this plan four to one. If the Commission is to determine the proper uses in this City, and they do a good job, how can you do anything but follow their recommendations? It was mentioned what would happen if people try to sell their homes before property values decreased too much. Since then there are two homes on Myrtlewood up for sale owned by people who filed in protest and I am wondering if they have less faith than we have or do not trust their City government? We lived behind a market in Arcadia for five years and I, for one, do not want any more of it. I have here a picture of my home and it represents the type of home that is directly behind this commercial development, This isn't like a $10,000 or $11,000 home where if they didn't like this de- velopment it wouldn't really matter because they could easily be sold at a price, but these types of homes here, with this type of development of commercial, isn't going to have people offer the amount of money to the present owners that they would have to get for these.homes relative to what was paid for them. • Mr. Ho Bluthrode I am employed by an architectural 1830 Pioneer Dr. firm, Daniel, Mann, Johnson and West Covina, Calif. Mennan but I am not representing them, only myself, in this matter, Co Ca 8-14-61 Page Ten ZONE CHANGE NO, 182 - PRECISE PLAN OF DESIGN NO, 266 REV (1) -Continued Mr. Bluthrode - Continued: • This property not only has eight homes involved but you have all the R-1 property where it is presently vacant and if this goes commercial the people who own these pieces of property and zoned the same way the R-P was zoned will ask for commercial zoning so that what you decide here will affect everyone in the back.of a vacant piece of land in this area. I understand these properties were all previously R-l.and were requested to be rezoned to the present zoning but the buildings were never built. I still maintain that not only 8 homes will be affected but all homes surrounding vacant land in this area right now. The school property is here and there is access to the school at this point. The children come down here across this area and come down the street to the elementary school and if this center would do the business that ;they think they will, it will, pull, people down Puente Avenue from this direction and create a traffic hazard here and you will have irate property and home owners de- siring traffic signals. I do not know if the County or the City would have to pay to install. some safeguards for their children. I understand that the State would take care of this but it is still creating a traffic hazard because trucks come down the freeway off ramp at -Azusa and make a left-hand turn into the property. I believe that Mr. Launer of the Planning Commission summed up the property owners point when he said that if he were a property owner in back of this, he could not, honestly, say that he would be in favor of this and that he did not believe it was best use of the land and therefore he would have to vote against it. This wall will be allowed to be some 18-feet in height, This retail store of 70,000 square feet is going to the maximum so there is a potential 18-feet along here with the 6-foot block wall. This is a perfect sound reflector for the trucks going back and forth and it will. be beamed into the backs of the houses and not a single house here doesn't have bedrooms on the back. Ralphs announced their delivery hours but they didn't say they would never change delivery hours. In fact, Ralphs said that they would not want to be bound to the times of delivery, although right now the deliveries would be from 6 to 7 or 7 to 7. But there is nothing to say that at Christmas time the trucks couldn't be coming in at all hours, midnight or 3 in the morning. In this respect we do not know that Ralphs has any control over the retail store. They are selling property to this store as an independent operation and any agreement made with Ral;phs;may;;not necessarily bind these people and we do not know what their operation will. be. I do not know how you could accept the plan or zone change. You • would have to know what sort of a business this is and it may not be one that would be at all desirable next to R-lo Mr. Sa,BAI.koff I would like to state that the 630 No. Eileen property is not owned by Ralphs as Councilman Barnes seems to be under the impression. When Ca Co 8-14-61 Page Eleven ZONE CHANGE NO, 182 - PRECISE PLAN OF DESIGN NO. 266 REV (1) -Continued Mr. Balkoff - Continued: • Ralphs was questioned by Mayor Heath it was indicated the sale of the property was contingent upon getting the zone change. If this is zoned Ralphs stated they would sell off a portion to a discount house, Zody°s by name in the newspapers. If this plan is approved there will be 60 to 70 large trucks going north on Azusa, Each day there are 20 to 30 going to Ralphs and 30 to 35 for "the:..department store and when they get to Puente Avenue they all make a left turn onto Puente and another sharp turn onto this property. There are 1700 cars a day going one way on Puente and if you double that figure you are saying 3400 cars going both ways, I do not know how many more cars there will be if this use was here but it would be far greater than 3400 daily. Visualize cars going east on Puente, plus additional cars coming out of this parking area and all backed up on Puente waiting for traffic sig- nals to change and then these trucks, plus cars, trying to make a left turn onto the parking area and .blocked off by cars going east on Puente Avenue, There would be congestion of traffic backed up by trucks which wouldn't allow cars going east to move when the light turns to green and Azusa Avenue would be a quiet residential, street by comparison because trucks making a right turn after mak- ing a left turn on San Bernardino Road are not blocked by cars. Also the children going to the high school and Traweek and pressing • the signal change button. It would be like Times Square in New York City and nothing but confusion. When the trucks get on market; property they would have to go south. I might be able to live with cars going behind here but.60 to 70 semi trucks going back and forth, with some unloading with their motors running, is an impossibility. The 60-feet isn't a great distance away, This room is approximately 36-feet and if someone started to move a chair the extra distance away let alone moving cartons of groceries,or produce you could hear it over here. Ralphs also doesn't mention where their air conditioning system or refrigeration units are going and if you think these are quiet just go to the market at Yaleton and Irwindale and stand 60-feet away and see if they are quiet. Trees will block out the sight of buildings but not the noise of the loading docks. Even if the hours of delivery are in writing, within six months they will be coming in here crying hardship and you gentlemen would have to go along with them to protect their investment. 0 • Mr, G. Kritchevsky We who have haunted these hal- 616 No. Eileen lowed halls since April 5, are being irrevocably forced to an obvious conclusions Further, consideration of the zone change and precise plan under discussion necessitates a period of reflection during which we must nail down ground rules, basic principles and legal considerations which may not be easily subjected to the arbitrary guillotine of expediency, Co C. 8-14-61 Page Twelve ZONE CHANGE NO, 182 - PRECISE PLAN OF DESIGN NO, 266 REV (1) -Continued Mr. Kritchevsky - Continued° • We must clearly delineate the and precise plan with respect parties concerned. If this is laws:of man can be changed by current legal status of zone change to legal obligations imposed on not adequate unto the day, the man. What can be done to afford legal protection to both residential and business facilities so that each may pursue his course in good faith as good neighbors? We may have faith in the good intentions of our present city officials, but what about the future? As the legal eagle said to a dearly beloved lady: "You say you love me, mother mine, but sign this on the dotted line." For all. we know the City Council may become the graduate school to the kindergarten of the Chamber of Commerce. We remember well their advisory com- ments of two weeks agog ranging from the conventional soft sell snow job to the following type of statement, "if a business enter- prise feels that a piece of land is what they need, and 35-40 homes may be on it, level them." I now rephrase what 1°.tried to communicate that night in a mild, polite manner. Put your money where your mouth is, and remember that this is not a fire sale, May we now consider a hurdle of particular importance, one that has been hesitantly approached, circled warily, then, usually forgotten, It is time for the Council members to ,damp this hurdle one at a time. Does anything less than a sizeable zone buffer constitute adequate protection for resident or business man? Daring the re- jection of the revised precise plan by the Planning Commission, Mr. Launer expressed the thought that it was a very nice little plan, Then, after a brief hesitation, he decided that he cer- tainly wouldn't want it in his backyard. To rephrase this idea, though it has been said that there's no love without propinquity, I would better love these commercial. developments someplace other than on my lap; Let .us dwell briefly on the scholarly direct thoughts expressed by Mr. Jackson who seemed to play the role of the great dissenter when the original precise plan was under consideration. The great dissenter is not one who says "no" when everyone else is saying "yes". He cites clearly where he stands and exactly why he stands there' He bases his stand on principle, both legal and moral. His dissent today becomes the law of tomorrow. It does not become the morality of tomorrow, because he simply bases his opinion on the morality of today which so many others, often in the great majority, sacrifice in the name of expediency before the onslaught of the myopic worshippers of the almighty buck. All that we ask amounts to esy indeed saves lives on save West Covina as a City to be the shopping center • Mr. A. Munch - 1611 E. Puente Ave. mere common courtesy. As common court - our highways, perhaps it might also of Beautiful Homes and still allow it of the valley, establishment like this for a piece mercial, as yet? I can't understand not talking about zoning but talking about a precise plan. How can you pass a precise plan for a big of property not zoned for com- • Co Co 8-14-61 Page Thirteen ZONE CHANGE NO. 182 - PRECISE PLAN OF DESIGN NO. 266 REV (1) -Continued Mr. Munch - Continued: The first problem to be faced is zoning of this property and then whether the plan is suitable for that property. At the last meeting of the Council another piece of property the other side of Azusa, between Workman and Thelborn,.was up for consideration for C-1. zoning. Councilman Towner made the statement that this problem of zoning that you people have inherited he was very much against when he was on the Commission and it was said you were faced with answering something that was inherited from something else, You tabled that zoning pending a study of the precise plan and Mayor Heath expressed the opinion that such zoning should stop, at Thelborn and there would be no way to stop that if this is given to this here. To consider a precise plan here on which there is no zoning would open the gate for strip zoning which we have feared will go from Workman right up the line. If you give the C-1 property here you couldn't deny the other here and that is tabled for further study but once this is granted it won't be long before others are here for the same thing, Mr. Bluthrode: them and if they are erty owner? This is Commission assuming I am wondering about the pro- posed trees coming along here. Who is going to take care of not taken care of what course has the prop - the only barrier proposed by the Planning everything would go ahead. I do not believe that any market I have seen has ever taken care of their planting outside of the physical boundaries itself. You might find a few like Eastland or the Broadway. But who is going to take care of this? IN REBUTTAL Mr. Garvey: Someone talked about the Plan- ning Commission as being, in essence, the be all and end all of zoning, But if this were true there would be no sense to a right of appeal to the Council. The Planning Commission is delegated the court of last resorts subject to appeal, but with only the purpose of making recommendations to this body. To only take the position taken by the Planning Commission would, in. a sense, do away with one group or the other in all of our cities. I do not know about the price of the houses or whether or not this - is a material consideration that should be given as to the effect there, but if you go around the entire area and bring in other zone cases to reflect upon this zone case you can start, perhaps, at the City of Azusa and come down the line and in our behalf I • could point out the entire characteristics of Route 39 and where and how it is going would only be to beat particular drums once more and to repeat what has been said. If we can rely upon Mr. Balkoff°s prophecy and this would become like Times Square, the greatest disservice to the City, then, would be to deny this tonight and any other night. If you consider Times Square in New York City, the value, the effect of its location and C. Co 8-14-61 Page Fourteen ZONE CHANGE NO. 182 - PRECISE PLAN OF DESIGN NO. 266 REV (1) -Continued Mr. Garvey Continued: • the rise in cost of property it would be a great disservice to the City not to grant this if this is to occur. The truck traffic is necessary, You have Azusa Avenue loaded with trucks going to San Bernardino Road, and the left-hand turn will notaffect anything as you have signals here already. If three directional traffic became a problem it would be relatively inex- pensive to put such signals in as you would not need completely new signalization here. The sidewalks to be put in will conform to City standards and the school children who come down here, down Eileen, can't have a traffic hazard here. There will be sidewalks all the way around so they will be on sidewalks and not on vacant prairies or walking along streets. I will again cite the Barranca Street School, with Eastland, and then with Grand Avenue going through to bring more traffic, which has proved little detriment or hazard to the children. As to the noise with respect to refrigeration and the air condition- er, they will be enclosed in the building and not outside so, in order to enjoy the gentle murmur of these you will have to be in- side and not outside. • This could be either C-1 or C-2 if it is a good use and there is a good precise plan. We are arguing this presently should be changed to a higher use and the tax assessor assesses this the same as commercial property with just a fraction off. The City of West Covina, in its wisdom, has indicated what uses are in C-1 and what uses are in other °C° classifications. The uses in- tended to be placed here are uses authorized under your present law, This isn't a hearing as to whether there is to be an ord- inance changed to reclassify uses. Bothof these retail uses are permitted in C-1 and the fact that this is a large body of land shouldn't make you myopic to the problem that this is a C-1 use, This would be no different under 15 different ownerships, each own- ing a strip, and if put in a use for each of his 1/15th it would generate the same traffic noise and more nuisance with 15 people instead of two, We hope to have good neighbors because we not only want good neighbors but desire them for customers. There being no further testimony, the hearing was declared closed. Councilman Towner asked if there were any conditions set forth on the precise plan and Mr. Joseph indicated there had been and the conditions were read by the City Clerk. • At a question from Mayor Heath the City Attorney indicated that it did not make any difference, legally, which is considered first the zoning or the plan, It was agreed the precise plan would be under consideration first. Councilman Towner: I think the problem of devel- opment of North Azusa Avenue has been indicated before and Co Co 8-14-61 Page Fifteen ZONE CHANGE NO. 182 - PRECISE PLAN OF DESIGN NO, 266 REV (1)-COntiAued- Councilman Towner - Continued- has been gathered from prior discussions in public meetings in Council. There is an inclination to grant the commercial zoning here so I think that to adequately protect homes I will confine myself to what should be done with the precise plane Frankly I do not think the existing precise plane even with the recommendations of the Planning Director, which are very stringent, is sufficient. There is one other item to be clarified and then I think there should be a precise plan to go along with. The problem I see was one brought out by the Planning Commission in their resolution in,which they raised objections to truck traffic accessway adjacent to the west side of the property. There has been a good job done in screening loading platforms, but this, in itself, does not get rid of the entire objection, which is the trucks up and down the accessway even with trees that will border adjacent homes. If the precise plan were to be changed so that truck traffic is eliminated from the westerly access the major problem here would be gone and you would have, I think, adequate buffering. As a suggestion, perhaps they could move the loading platforms to the easterly side of the property and I think this would solve this particular problem, • The other thing would be, if possible, to put the condition on it that trucks are not to make use of this accessway. Councilman Snyder: I would tend to agree with Coun- cilman Towner°s statements in part. I do not know how we can snake them stay 60-feet back and then not let them use this area, It seems it would work for"trucks not to travel south through that alley -way if you move the loading docks. So fax as zoning. This particular location and size fits in well with our concept of a regional center and for that reason I think I would approve of commercial zoning here and I think if we could clear up the points on the plan I probably could go along with the plan too. Councilman Towner- I do not think you mean a regional center in the essence of its terminology as this is a neighborhood center. Councilman Snyder- Yes., it is a neighborhood cen- ter, but the zoning alone fits in with a regional center such as traffics access, location within :the:.City".and::Iocation,_:in.:_the valley, disregarding the precise plane • Councilman Barnes: I think there was a mention of the fact, from someone in the audience, regarding trees to the west side and how they would be maintained, I am sure that Ralphs would agree to maintain the trees and water these at all times; Is this true? • Co Co 8-14-61 Page Sixteen ZONE CHANGE NO. 182 - PRECISE'PLAN.OF DESIGN NO, 266 REV (1) -Continued Mr. R. Ralphs: We would on the section adj- acent to our buildingo I am sure that you have ordinances requiring the maintenance of buffering and, planting areas and this would be a restriction on the property. Councilman Snyder: This property offers less probes: fi lems in buffering than some that we have handled and I think the eight homes..could`be adequately protected. Councilman,Barnes: They have set this building 60- feet away and the only problem is the trucks traveling back and forth to the rear. As to the others, I would like to see this cor- rected on the plan if there is any possibility of doing it. Pos- sibly moving one loading dock not Ralphs parcel, putting the other dock to the front of the building, and possibly not permit the trucks to go back and forth in back of the buildingo Councilman Snyder: Councilman Adams-. Perhaps a tunnel or separation of buildings made by (for) trucks between there. I feel the two problems are tied together and to pass on one and not the other isn't proper. I wasn't here to hear prior testimony and I have not had sufficient time to review the written Minutes so if this matter goes to a vote I would ask to be disqualified.from voting on the zone change. Mayor Heath: To move the loading docks to the east side is putting them in front of the building and spoil- ing the architecture completely. It_.would be unfair and .a poor design to put the loading docks in that Ideation. The precise plan shows this 60-feet away from.property and I would like to protect the property but we must. take a.realistic stand on this and when- ever we put in an establishment of this type someone has to get hurt and this is, sometimes, at the expense of the property owners. We have to determine whether these people should get hurt or the City benefit. If the people are hurt it should certainly be to a minimum and hurt them the least we possibly can. I would grant this driveway in the back would be an inconvenience for the people living next door but I really do not know what else you could do. I think the landscaping and trees is about the most protection you could afford and therefore I would feel I could go along with the plan as it is and any other stipulations that we might put on to further protect the people. But we can't make it too protective otherwise we will drive business out of the City. City Attorney Williams - Councilman Snyder: Could back of buildings face south instead of west? Swing what is now west to what would be south. I think there is no pi°oblem to eliminate truck. traffic on the west side and that there are C. Co 8=14-61 Page Seventeen ZONE CHANGE .NO° , 182..=-PREUSE PLAN OF DESIGN NO°''1266 RED' (1) -Continued Councilman Snyder - Conti:nuede many ways.,;it could be done, designwise° . Councilman Barnes%asked if Ralphs`architect was present but it was in-dicated':.he::was not a's he was.unable to attend, -this .evening. Councilman. Towner h think 'the. problems raised here Are not :insurmountable° I "dis- agree, with °the Mayor _ and I think the City, is; its people .and the 'C; ty is not' an entity of itself and what is done:. ids .on- behalf° of the people and should be,- done with their ...regard Mayor Heath.'., Perhaps my'statement.was.not very.c-1ear. I' was referring to the City as population and people of the City. and ,residents as people living adjacent. My point being that we have °to make a° decision whether we' aid ,the residents. surrou`ndi'ng.;the area or. a'id the,`.residents of . the City, Councilman Towner°° ::J do not think we are faced with iha.t�alternative here I think we.can accomplish both purposes but in order ,.to do it, ', 'as. I, see it, _ would,be.. to .make changes in the plan as. presented' arid. I do not think that these changes are • insurmountable I'thnk_tle Planning Departments recommendations are good but it still leaves the problem of -truck traffic on the .west side and if you solve that by shifting building or by using building where it is.located and putting truck -access on the east side I think it would be',the answer. Councilman Snyder° With wingwal:l on the south,.you could unload to the southeast corner. Mr. Garvey: I'would point out that the south place; you are talking about moving iaes.I they :golf eau°se. and doesn't face anything but one home which is.protected bya wingwall° Councilman Snyder° This generates traffic up and down that. alleyway. Mr..Garvey° We do 'not know - whether it will. or won't but there are many other installations:in West Covina where you do have traffic behind store up. to houses Councilman;. Towner::.The accessway is useable by automobiles: for 'parking and shown As such on`the plan and • in that respect it is'reasonabre The problem, is one of the, trucks using this .accessway and., if the applicant is agreeable,. to changing that aspect of. it: _I beIiev- : it could be .properly . handled. Councilman .Snyder ° I; ,would agree and I think it can be'. solved easily."' • • Co Co 8-14-61 Page Eighteen ZONE CHANGE NO. 182 - PRECISE PLAN OF DESIGN NO. 266 REV (1) -Continued Councilman Barnes: I think with proper traffic control you could have a turn- around and back into the north and also the south end of the building in the same way without traveling back and forth in the alley to the rear. I think this can be controlled. Councilman Towner: Can we put a condition on the precise plan accessway in that it not be used for truck traffic and let them work it out? City Attorney Williams: The plan has been changed and submitted to you and to do that you would be approving loading docks at a certain place and then not permitting them to be used which doesn't seem to be quite congruous. Councilman Snyder: what they can do along these lines. Councilman Barnes: I would be for granting the zoning, myself, and holding up the plan until :::they can show us A method of controlling traffic? Councilman Snyder: Yes. I think the zoning stands alone. It is good zoning with or without the'precise plan. Councilman Barnes: I feel. that we could pass on the zoning tonight and I think these problems can be worked out with the applicant in some manner. I do not feel any necessity in hold- ing up the zoning for the plan but I think the plan can be worked out satisfactorily and a good pattern of traffic can be shown. Mayor Heath: City Attorney Williams: Councilman Towner: City Attorney Williams: Councilman Towner: Mr. Ralphs: and have tried to alleviate If this plan has radical changes on it, it must go back to the Planning Commission? Yes, if it had substantial changes �.,but�;for,;:.a,.�report not for a hearing. If the applicant proposed changes and they are acceptable to us could we approve it with- out referral back? The question is whether it re- mains the same precise plan or changes the precise plane Do you have any changes you would propose on your plan? We have studied the plan at great length and have heard many of these same objections many times the objections but were unable to do so, C. C. 8-14-61 Page Nineteen ZONE CHANGE NO. 182 - PRECISE.PLAN OF DESIGN NO. 266.REV.(1)_- Continued Mr. Ralphs - Continued: This is the only plan we can come up with under which the property can be used to advantage and we would prefer Council to act on the zoning and the plan as one unit, and if the plan and-zoning.is approved then we can go ahead on that basis. We can't go ahead on this other basis and I can't see how it could be used to its best advantage. Councilman Snyder - Mr. Ralphs: Mayor Heath: Councilman Snyder,. If we put restrictions that there is no truck traffic in alleyway? We would like to, but we just can't. If loading docks are in the back, how will you restrict truck traffic to it? Not the whole area, just to the south. Mayor Heath-. This restriction might make it difficult to police. There is no way to differentiate between trucks and cars except by a sign, and once a truck isthrough, the act is done. • Councilman Barnes: Is there a possibility that we could turn this building around and have the store facing Puente and have loading docks adjacent to the golf course? • Mr. Ralphs- We studied that to begin with, it was the first idea we had, Y ;but it wasn't a practical solution to the problem. Mayor Heath-- I do not think it would fit if you measure the length of the building and lot. I doubt if it would cross that way. Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that Zone Change No. 182 be approved. Councilman Towner voting "No" for the reasons indicated before in that it is felt there should be an adequate precise plan before Council before change of zoning. Councilman Adams aVstaining from the vote. INTRODUCTION OF ORDINANCE The City Attorney presented- "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF `WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE TO REZONE CERTAIN PREMISES." (Ralphs Grocery Company) Motion by Councilman Barnes., seconded by Councilman Snyder, and carried, that further reading of the body of the ordinance be waived. 11 • C. C. 8-14-61 Page Twenty INTRODUCTION OF ORDINANCE - Continued Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the ordinance be introduced and given its first reading. Councilman Towner voting "No." Councilman Adams abstaining from the vote. Councilman Snydero If there is no way that can be found tonight to take care of this plan, I would be of the opinion that the plan be denied until this problem can be settled. I think it can be settled, but I do not think that we have to accept this as it is. I think there can be a solution here. Mayor Heath: traveling the property in the back. Councilman Snyder - On numerous shopping centers around the City., we have a like condition, as shown here of trucks It doesn't make it right. Mayor Heath-. Maybe not. Councilman Snyder- I would like to approve this tonight if I didn't think there was a possible way of taking care of this problem, but I think it can be taken care of and relatively easy with a few changes in the design, although it isn't up to us to design it. But I feel it could be done. Councilman Barnes - Councilman Snyder: City Attorney-, I would like to hold it over to see if the architect can't come up with some design to better the situation here. Any major change will have to go back to the Commission. Not for hearing, but for report. Councilman Snyder- If there were no other way, and this was a compromise, I think .we would have to accept it, but just looking at it there are many ways, to me, of not -having trucks going down the alley and I wouldn't want trucks running down behind my house. Councilman Towner-, The requirements here in the time required for final passing of the ordinance can still allow for the working out of the problems on the plan, so if this is held over that still doesn't affect the total picture on finalization. Mayor Heath - Such as? Councilman Towner- From my point of view, the Planning Director has indicated some strict conditions accom= plishing just whatever is needed, with the exception of the truck traffic, which should be eliminated from the accessway and there are 0 • • C. C.. 8-14-61 Page Twenty-one PRECISE PLAN 266 .- REV::- (1) - Continued Councilman Towner - continued: means of accomplishing to shielding residences and if we wanted that, Mayor Heath-. Councilman.Towner- this, and secondly, I would recall references from lights on the southerly and northerly side we should also include the west side. What do you mean by truck traffic, which should be eliminated from the accessway? -On westerly side of the precise plan, there is a 30-foot area designated accessway obviously indicated for through traffic, and that is what I had reference to. Automobiles could reasonably use it, but not trucks. Councilman Snyder- I do not object to trucks on the entire west side just using it as a roadway to come in on the north for a certain distance, but it shouldn't be used for through and through roadway. Something could be used letting them come down a distance, but not a whole distance. Mayor Heath: of it an equal distance from each end accept the plan tonight? Councilman Towner - off -.the -cuff solution. There not be hurt by holding.it up, buffering, I think we should If I would entertain a motion where the accessway had a chain or fence placed across the center to stop truck traffic, could you I do not think that is necessary. I think this can be done with a little more deliberation and an is sufficient time so the applicant will He may not like it, but to get adequate do this. I would indicate further that I consider Ralphs Grocery Company an unusually fine commercial development and would welcome them into the City, but I think they will have to come in and be a good neighbor and I am sure that they want to be just that, and that this problem can be worked out. Councilman Snyder- I only threw my idea in as -a possible solution, but I think there is a better one with more architectural study. Councilman Barnes- I think they will have a problem with truck traffic not being able to go through. I do not see how you can get trucks turned around to get into the unloading docks, and I see no solution without locating the building out to Azusa Avenue facing Puente Avenue. Councilman Snyder- It isn't up to us to give solutions, but I think there are many. They could have a separation between buildings. Mayor Heath- You understand what Council is requesting? Could you come up with changes along this line? 9 • C. C. 8-14-61 Page Twenty-two PRECISE PLAN 266 - REV. (1) - Continued Mr. Ralphs: Yes, I understand, but there is no practical solution to the problems posed here, and. we would prefer the zoning and the plan be considered as one and that -they both be considered at the same time. Unless we can use this plan, the property isn't useful for the type of development which we propose to use it for. City Attorney Williams-. Councilman Snyder: you have exhausted all solutions? Mr. Ralphs: The zoning will be reconsidered at the time of the passing of the ordinance. Do you have any objection to waiting two more weeks and trying to find a solution, even though you think we will consider trying again if that is your wishes. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that Precise Plan of Design No. 266 (Rev. 1) be held over to the next regular meeting of the City Council. Mayor Heath called a recess. Council reconvened at 9:40 P. M. ZONE VARIANCE NO. 346 APPROVED and PRECISE PLAN OF DESIGN NO. 282 (Clyde W. and Pearl L. Busching) HELD OVER TO NEXT MEETING OF COUNCIL LOCATION-, 1345 S. Halinor Avenue between Ituni Avenue and Walnut Creek Parkway. Request to permit nonconforming C-3 use in Zone R-1 and request for adoption of precise plan of design denied by the Planning Commission, Resolutions No. 1074 and No. 1075. Appealed by the applicant on July 20, 1961. The resolutions of the Planning Commission were read by the City Clerk, and he stated that the record should show that nineteen notices!.of this public hearing were mailed out to property owners within the radius and a Notice of.Public Hearing had been published in the West Covina Tribune of August 3, 1961. Mayor Heath opened the public hearing on Zone Variance No. 346 and stated all those desiring to testify should rise and be sworn in by the City Clerk. IN FAVOR Mr. F. Garvey This was before you once before on 247 Rowland Avenue -a different situation, and I will Covina not take too much time to say more than is necessary for the record. Co C. 8-14-61 Page Twenty-three ZONE VARIANCE NO. 346 and PRECISE.PLAN OF DESIGN NO. 282 - Continued Mr. F. Garvey - Continued-. I delegated the location of the property in relation to the freeway turnoff at Puente Avenue, the commercial uses across the freeway, the Republic Van Warehouse lot within 300 or 400 feet of this property, the ten commercial uses at the end of the block which are visible from herewith the reservation of an oil station use within 100 to 200 feet of the property. The property originally zoned R-1 and a part of this subdivision, and a matter not brought out previously, is a C-3 use now across the street and was part of the original subdivision of which this subject property is a part,, and it was after the frontage road was put in that that property was rezoned to C-3. As said at a former hearing in this matter, the request for C-3 use is not of our choi-ce., as what we have in mind is a small job printing use, but the ordinance doesn't make a distinction between a large printing press such as for a newspaper and a press for the lettering of stationary and such ordinary things, and is not necessarily a noisy operation and is a small job in character. The Planning Department pointed out that within one lot of this lot 10 there is a non -associated use, 4o feet of "C" property in Baldwin Park, but still part of the same tract fronting the frontage road, and has a lot of area of influence with respect to this. In this area of influence • is Cook Tractor across the street, notwithstanding it is technically buffered by an adjoining street. The applicant desires to use the back part of his property, but will still leave enough room for adequate R-1 lot within the City of West Covina, There are parking spaces provided. It is a family enterprise and they are not asking for an absolute zone change, but asking for relief. We have not specifically in the application asked for a variance, nor a conditional use permit nor a zone exception, which you do not have here. But we feel this is a case of hardship with respect to this owner and every wrong must have a remedy and we feel that you can prescribe that remedy instead of asking us to try to put a round peg in a square hole. We know the specific relief wanted, but we did not ask for firm zoning, except as variance or conditional use, with any conditions you might desire to place upon this. There are changes in conditions of the neighborhood with the freeway, freeway interchange and heavier traffic going past backyards of these lots and adjoining lots than in an ordinary residential area. This is an area of changing conditions and it is 'difficult to butt your head against the first wall to bridge it to establish a change. It possibly should be pointed out that the Commission indicated a • change might be justified in the entire area, but at present, the applicant seeks for a change which points to C-2 lot down the street and which is essentially the same in that it doesn't take in the com- plete lot, and actually it is in Baldwin Park and you can see the relationship between these is the width of two lots. Back here is a guest house or extra building here. Page Twenty-four ZONE VARIANCE -NO. 346 and.PRECISE PLAN OF DESIGN NO. 282 - Continued Mr. Garvey - Continued: --There have been no protests at either hearing and at the first hearing neighbors testified in the applicant's behalf. The applicant is a person on which you can impose conditions and which he would be willing to abide by. There has been general changes in the neighborhood since it developed and there are those yet to come with increased traffic and freeway. There being -no further testimony, the hearing was declared closed. Councilman Towner-. I do not ordinarily offend the Planning Commission, and I disagree but I am somewhat inclined to think here that a condition for a variance has been meta I have been down to look at the property, and I think there are unusual circumstances affecting this particular location that would justify a variance. My only concern in connection with it is the small depth or size of the proposed piece subject to the variance, but I think if an adequate plan can be worked out on that, that maybe this should be granted. Councilman Barnes-. I feel very much as I did last. time, that some relief should be given to this property in that very close to this property is a C-1 use, which as stated, is in i ` Baldwin Park. This, however, doesn't have anything necessarily to do with us. However, across the street is C-3 use and I would like to point out that the City has also granted a C-3 use on a portion of this property. Therefore, I think it is indicated there is a possi- bility of "C" zoning going into this particular area. I think the freeway and the traffic that has been generated in this area would warrant a variance or relief of some type for this property.. I see no reason not to grant this. Councilman Snyder-. I have nothing to add to the statements made except that I agree. I think this whole area, as the Commission indicated, is going to have to be studied in the future with the possibility of changes, and I do not see how we can make this applicant wait for the whole study. Councilman Adams-. I took a good view of this one on the grounds, and I would go along with the idea that this area has changed and that there will be more changes. I would see no particular reason this applicant shouldn't be granted some relief, whatever the form may be. Mayor Heath-. I agree with the Commission and Planning Director that I do not see how this satisfies a need for a variance whatsoever. Across the street we have Cook Tractor in Baldwin.Park, but it was .put in over the protest of the City. The red area shown on the map was the condition of that parcel down to the end of that street and did nothing more than carry on the commer- cial that Baldwin Park had put in there and it was felt it was foolish to hold that red section as R-1 when the area was C-3 to the north in Baldwin Park. n LJ .0 c. c. 8-14-61 Page Twenty-five ZONE .VARIANCE N0. 346 and,PREGISE PLAN.,OF DESIGN,NO. 282.- Continued Mayor Heath -:Continued-. The area across the -frontage road was made commercial by Baldwin Park, also over the objection of our City. As I see it, I think the frontage road separates pieces of the -property to such an extent that.I see no justification for a variance. But I do -see justification for a variance on both sides of this If this is installed, and I think from this it would be perfectly justified if it was asked for all the way up the street and there would be no reason for anyone else not.getting it. Therefore, I think that before it starts, it should be stopped, I see no justification for variance, andI feel if you start this growth here you won't stop it legally or any other way. Councilman Snyder-, and I think it is going to come in on area here, Possibly an area even for I do not think that anyone has overlooked the fact that this will start something in the area, an over-all change in this entire future large C-3 or even M. Councilman Towner: Whether we agree or disagree with. Baldwin Park, we are faced with the actuality that there is com- mercial on what was residential across the street, and I -think it directly affects this property. The frontage road affects this pro- perty, and the zone changes in the vicinity affect it, and I feel it justifies a variance. I would like to have an over-all study, but I can't see not justifying a variance here under the facts. Mayor Heath: We have used barrier of .streets between residential and com- mercial throughout the City, and it was not any more handicapped than this. Throughout the City., we are using .streets as buffers. Councilman Barnes: I question residential adjacent to the freeway, whether it will be kept up in the future. I think we will find that possibly some of these areas will become slum, a blight to any other areas, and I think this i-s detrimental to resi- dential on the freeway or frontage road. Mayor Heath-. Wherever there is C-3, it is a malignant growth and should go across the street. Councilman Barnes,. No, I didn't say that, but wherever there is a freeway or frontage road of this type. Mayor Heath-. All along the freeway., property not R-1 should start with "C"? Councilman Barnes: I am not exactly saying that, but properties in similar locations are not as nice as other property, and I do not think it is exactly desirable for good R-1. C. C. 8-14-61 Page Twenty-six ZONE VARIANCE.!1NO. 346 and- PRECISE ...PLAN OF. DESIGN NO....282. ­ Continued Motion by Councilman Snyder, seconded by Councilman Barnes., and - carried_, that: Zone Variance.No. 346 be approved to.permit a noncon- forming C-3 use of Letterpress and Lithography not to exceed 22 x 34 inch size.and subject to the approval of a precise plan., Mayor Heath voting "No.", Councilman Townerp. The,.setback on the building between properties here, it looks like the building Is right to the property line according.to this precise plan., City. Attorney Williams-. Possibly you ,could stipulate the ownership -of this property should be di#ided. Councilman Towner-. I,think so far as this particular_ owner is concerned, that would be all right, but supposing the property separated into two ownerships, can we control it? City Attorney Williams-. If this is a means of getting two sub -standard lots, each in a different zone, I would hesitate to do it, except on condition it remain as one lot. Approve it in that the,man who has the burden has the benefit. • Motion by Councilman Towner,, seconded by Coul'641man Snyder., that Precise Plan No. 282 be approved., subject to the recommendations of the Con- ditions of the Planning Department; and subjeo�t to the further condi- tions that the property remain in thesamel:.ow,nership as:adjoining residential portion. Before the vote was raised by Mayor Heath in relation to requirement of sidewalks which he felt were useless and unnecessary here. It was pointed out that the Cook property in West Covina had required side- walks and it is a usual requirement on "C" property everywhere in the City. However, there was further discussion relative to,a question of right-of-way here regarding didewal.ks and curbs and placements, etc. The City Manager suggested that staff make a check on' ithis matter and report to Council and that perhaps this plan could be held over pending this if the applicant would so permit. Mr. Busching indicated he would haVe:,'no objection to the,hold over on the plan pending.a report. The motion and second to approve was withdrawn. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that Precise,Plan No. 282.b.held over to the next meeting of the Council with the'rmission;of the applicant. ZONE,CHANGE.NO. 192 and LOCATION- 1612 Harbert Street PRECISE PLAN OF DESIGN NO. 283 .-:.,between Conlon and,'Roberta Avenues. (Mr. & Mrs. Charles W'. Reeves) APPROVED Request to reclassify from -Zone `.,'.-C-1 to Zone R-3 Approved by ,,Planning commission, their reso- lution No. 1072; request for adopt1fapproved precise planiby the Planning Commistion. J. C_ C. 8-14-61 Page Twenty-seven ZONE. CHANGE NO.:... 192,.and PRECISE. PLAN OF DESIGN vNO.: 283. Continued The City Clerk. -read the resolutions of the Planning -Commission. Mayor -Heath opened the.public.hearing and stated that all those desiring to present testimony should rise and be sworn in by the City Clerk. There being no testimony presented, the hearing was declared closed. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that Zone Change No. 192 be approved. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that Precise Plan of Design No. 283 be approved, subject to the recommendations of the Conditions of the Planning Commission. ZONE VARIANCE.NO. 347 (Vernon Eichstaedt) HELD OVER TO NEXT REGULAR MEETING AT APPLICANT'S REQUEST Commission, Resolution No. 1066. 12, 1961. LOCATION° 222 N. Azusa Avenue, between Garvey Avenue (Freeway Service Road) and Workman Avenue. Request to permit nonconforming wheel stops, fence, trailer uses in Zone R-A denied by Planning Appealed by the applicant on July Motion by Councilman Barnes, seconded by Councilman Adams, and • carried, that Zone Variance No. 347 be held over to the next regular meeting of the City Council at the request of the applicant. MEEKER AVENUE VACATION Hearing of protests in vacating a portion of Meeker Avenue. Pro- test hearing set for this date under Resolution No. 2141. Mayor Heath opened the public hearing and stated that all those desiring to testify should rise and be sworn in by the City Clerk. There being no testimony presented, the hearing was declared closed. RESOLUTION NO. 2167 The City Attorney presented-. ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING THE VACATION OF A CERTAIN PORTION OF MEEKER AVENUE." 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. Motionpassed on roll call as follows-. Ayes-. Councilmen Adams, Towner, Barnes, Snyder,.Mayor Heath Noes-. None Absent-. None Said resolution was given No. 2167. C. C. 8-14-61 Page Twenty-eight RECREATION AND PARKS YOUTH-BASEBALL'COUNCiL- Mr. Berkman indicated the start of • Mr. Berkman and Mr. Buck the organization and the reasons behind it, in 1958, to coordinate youth baseball players,of organized leagues in the City. He indicated the matter of the use of the site of Valencia Water Company requested by the Edgewood League coming before this.Council and then requested to be tabled., with no attendance of that League since March of 1961. He stated the firm conviction of the Council members --although there had been approval of this site for this league under certain conditions, after discussion had been made relative to the matter after the item had come up again before the City Council when introduced by Councilman Towner from a letter directly to them from the Edgewood League and then referred to the Recreation and Parks Commission with a recommendation to look upon it favorably --was that 13 and 14 year old boys should not play on a regulation 90-foot base path diamond, but a.75-foot one, there shouldn't be 13, 14, and 15 year olds playing together, due to the difference in mental, social and physical stamina. It was further stated another condition was that this League should choose its boys for tryouts after the Pony and Colt Leagues had their tryouts and on dates indicated by the Council. (YBC) It was further felt that in taking. the 13, 14 and 15 year olds, and leaving.out the 16 year olds, it did not help the 16 year old and actually harmed the baseball program of the other leagues by breaking the age groups down in this manner, which was contrary to what is and has been done in the City system right along. It was further indicated that this Council had been formed with City approval to act as liaison and to recommend when it was felt necessary in regard to baseball problems to the Parks and .Recreation Commission and to consider those recommendations if it were necessary to carry the matter to Council. It was felt that the Edgewood League had done a good.job and could continue to do a good job if the recommended program was accepted. Mr. Buck, in essence, reiterated .the statements of Mr. Berkman and stated that if there was concern for the development of the Valencia site, the Council would guarantee to develop it the same as the Edgewood League, and it should not be weighed in the light of benefit, but in the light that this would not conform with what is being done in the remainder of the City, particularly in regard to the age grouping and the basepaths. Also, a Babe Ruth League is usually formed if a Pony or Colt League is not working property. Whereas this isn't the case. Mr. Isbell of the Edgewood League indicated that he was surprised at the chastisement of the YBC relative to the 14 year olds playing on 90 foot base paths, since this is done in the City, and not all 14 year olds are playing with 15 year olds. Some 13 and 14 year olds are in junior highschool, while some are in senior highschool, so there is a conflicting situation in the City school system as it stands. • It was indicated there are Babe Ruth Leagues in Glendora and one to be started in LaPuente, which also have both Pony and Colt Leagues. The 13 and 14 year old was started on the 75-foot base path, and it was scrapped because it didn't work out and going to 90-foot base path. a c. c. 8-i4-61 YOUTH BASEBALL -,Continued Page Twenty-nine If the YBC was .held to, all boys -between 15 and 16 would have to play • on a given size.diamond and in a given type organization, and it was further felt there -are -more boys this age in the City that should be and would like to play baseball. Without the breakover in this program you will hold the 15 year old boys. Very few 16 year old -.boys have been playing ball, they do not come out and that is not due to anything wrong with a program, but that they have an entirely different outlook than at 15. YBC was for recommendation and not every recommendation is always taken at face value nor is it mandatory that it be followed. Mrs. Laird indicated she is the mother of a 12 year old and that next year he will be eligible for the Pony League and will come up against boys outweighing him 20 to 30 pounds and who are taller than he will be by many inches. This is fine, as she was in favor of competition, but if he is up against 15 year olds, it is different. Their additional height and strength competing with 13 year olds needs little explana- tion, let alone social differences and then with a 90-foot base path.... The 13 year old is an 8th grader and the 15 year old is in the loth or highschool, and their personal and social differences are very great, and a 15 year old isn't going to downgrade himself to a 13 year old level, so the 13 year old is going to start thinking and emulating the 15 year old. When baseball is thought of here, it is thought of as from June to • August, but the boys actually start in February for spring training and through the end of August. It was indicated that she was not for conformity, and this other group, Edgewood League, feels they are fighting conformity, but when this sets aside the tried and true plans in favor of any method, it does not offer an immediate nor a long range advantage, and this is not non -conformity, it is fuzzy thinking. Councilman Towner-. I think we have here an example of two dedicated groups, both of which have very fine programs and each group is sold on their program. The recommendation of the YBC is to conform to the franchise league programs and that is understandable since the YBC is 8 to 1 franchise league. There is no quarrel with their being sold on their own program, but I do think they have some fears based more on conjecture than on reality and I think we can have the two programs as an asset in the City for the benefit of the City. It appears we have a recommendation by the YBC not adopted by the Parks and Recreation Commission, and in my mind the Edgewood League . could go ahead and give it a try. They have very strict conditions proposed by -the Parks and Recreation and franchise league has the first lick at the boys on any drafting onto the teams. It seems reasonable to me and it would seem to me that the franchise leagues would not be so worried if they had first choice at the boys. I look • at it as a good program to enhance our over all recreation program. Councilman Snydere I would also like to say that we have approximately 25,000 children in this City below the age of 17 and I think it will get bigger before it gets smaller, and we need more fields than this before you get through. c. c. 8-14-61 Page Thirty YOUTH,BASEBALL.-.,.Continued Councilman Snyder - Continued. - So -far as age, you can't categorize size according to age. 1 know 10 year olds that could play with 16 year olds and 16 year olds that couldn't. That will apply to Colt and Pony Leagues first, so if they have any program to offer., they will take the boys in this age group and.I see no hindrance to this program. I think it is a healthy thing. Councilman Barnes-, I played American Legion ball myself, and I thought that it was very good when the YBC was started in West Covina. Before that every little group.used tocometo the Parks and Recreation Commission asking for special favors. However, when I seconded the motion regarding this matter, I saw only the chance for more boys to play and enjoy baseball, and the more that can enjoy it, the better. Sometimes we are too conscious, as fathers, on regu- lations, and we do enjoy it more than the children. The children are the ones that really should enjoy it. But I would help or promote in any way to have as many boys able to enjoy.baseball as possible. I think it is a good idea and I feel that is what we were doing when we passed on the league playing at the Ridge Riders site. The American Legion was going to develop this property, but could not and then the Edgewood League made application for it and we favored the same kind of development, but we heard,nothing about it for at least a year until it came up the other night. Councilman Adams.- I have been through Little League and Pony League, and now I am going through Little League again. This is a program for boys and every boy regardless of ability should have a place. As they get older, they do.begin to thin out, and if they want to continue to play in organized ball, they might do so such as we might have in this Edgewood League.:, Mayor Heath,., Is it a policy of the YBC to establish a policy within each individual team? The American League has certain rules and regulations ' which they have to live by. I do not know whether the Park and Recreation Commission can come in (to you) and say they do not like this phase of your program and whether it should be this way or not, It seems what is being asked here is for Council to make a decision on the policies and established rules of a League, and I do not think Council is in this position. The Council should be confronted.with only one thing at this time, and that is "do we want to permit the Edgewood League their request?" or do we want to permit the Edgewood League to develop the field in accordance with your policy? I do not feel qualified to tell these .people they are "nuts" and that "you play it in this manner." Mr. Buck.- Did you year we were against their having 13 or 14 year olds? Councilman Barnes indicated he was glad to have leagues developed ---- sio are we. We didn9t turn them down, but we are saying they do not need 15 year olds. We have room for many 15 and 16 year olds and why destroy something that is trying p to get on its feet now? You say everybody has their sides here. I wish it were possible to ask the thoughts of some of the people inthe Parks and Recreation Com- mission group. You said you do not feel qualified to make a decision as to whether these people should have 13, 14 or 15 year olds --you are right --and that is why you created this group of specialists and that c. c. 8-14-61 YOUTH BASEBALL - Continued Mr. Buck - Continuedo Page Thirty-one • is all their interests run to. We are not saying not to form the league, but I would like to have an unbiased group to talk to, as there are two on Council who are members on the Edgewood League and I feel -the matter, as expressed, is biased. Didn't Councilman Towner at the last meeting feel he shouldn't vote on the matter because he had some interest on it? Councilman Barneso When I seconded the motion the thinking that was utmost in my mind was the additional playground, a recreation avenue for boys, and I do not think that Council or the Parks and Recreation Commission should get into difficulties with the YBC. This was the reason it was created in the first place, to bring problems to the Park and Recreation Commission for discussion, and they in turn would recommend to the City Council. Mayor Heatho Do you have any objection to the property being developed? Evi- dently none whatever, so the crux of the matter is that the majority of the YBC feels that the age group to use this field is too wide. I feel the majority of the YBC objects in case there is any damage done and there is a black eye given to league baseball or all baseball. On the other hand, the Edgewood League feels that since it proposed it, it can operate under the • conditions they have indicated and do it safely and efficiently. So one group says it can do it and another says no, it can't. Mr. Buck' We have plenty of room and need all the 15 year olds we can get. Mayor Heath-. You feel the Edgewood League is going to take them away from you? Mr. Buck-. Where we need help is in the 13 and 14 age group, and here they can do a wonderful job without hurting any other group or leagues, so why not try it at that level and let the 15 year -olds go onto the other leagues. I also do not believe they should count off 16 year olds. Councilman Towner: I think all the arguments have been stated and restated, and I do not see any further point of debate. The people representing the YBC and franchise leagues, and all are members whether they say they are or not, think there is something sinister in two members of Council belonging.in one group and two members belonging in other groups. You have presented your arguments and we have considered them, and you have lost and that is like a baseball game. We feel that Edgewood has a very fine program and we believe that you people are unduly concerned. Your own leagues • are protected and you have first draft of the boys, of any boys, that come in. You had a chance with the farm league and it didn't work very well. You are afraid the 13 and 15 year olds can't play together and that is not justified except size differences that exist in any age.group. I think this is a good program proposed by the Edgewood League. C. C. 8-14-61 YOUTH.BASEBALL.- continued Page Thirty-two Motion by C.ounc.ilma.n:Towner, seconded by -Councilman Snyder, and carried unanimously, that the. recommendation of the Recreation and • Parks Commission regarding the use of the Valencia Heights property by the Edgewood Baseball League be approved. The following is the action taken by the West Covina Recreation and Park Commission at their adjourned meeting of August 10, 1961 and on which the previous motion of the City Council accepting their recom- mendation was based, and which was read by the City Clerk. It actually reinstates the action of the Commission as taken on July 27, 1961, as follows - "Motion by Commissioner Johnson, seconded by Commissioner Blood, that the Recreation and Park Commission recommend approval of the Edgewood League request to form an independent type league for 13-15 year olds on regulation size fields, at the Valencia Heights lease property with the following provisions-. (a) At the end of a two (amended to read one year) year period this be re -submitted to the Commission for re-examination of the 13-15 year old grouping. (b) Tryouts and signups for the Edgewood League occur after 'the existing Pony and Colt League tryouts are scheduled each year, as determined by a schedule recommended by the Youth Baseball Council and approved by the Recreation and Park Commission." • (Carried by the following vote-. Ayes-. Commissioners Blood, Heath, Henry, Johnson, Veronda, Whitcher; Noes-. Commissioner Busching, opposed to mixing 13 and 15 year olds.) Councilman Snyder did question section "b" as possibly being unfair a stipulation directed against the Edgewood League. However, Council- man Towner felt that on the other hand, since these people in the other leagues seemed to be afraid their league(s) may be damaged, this restriction can be kept on and so it will give them the first choice of the boys and it will be reviewed at the end of the year. Mr. Buck of the YBC stated this item could be withdrawn in that it had been placed in the motion by the Commission at the early meeting and they had let it go through the adjourned meeting, and that it wouldn't effect the result in our minds. Mr. Isbell of the Edgewood League stated he had no objection to this restriction of signing boys up after the franchise groups had their tryouts, and signups. Section B stayed in as indicated in the Council motion. GENERAL MATTERS REQUEST OF HARTMAN-NOONAN COMPANY To participate with the City in the street improvement of Glendora Avenue, Precise Plan No. 273. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that this matter be referred to the City Manager for a staff report. C. C. 8-14-61 Page Thirty-three A, H. BERGE Annexation to City of northwest corner of Francisquito and Azusa Avenues. • Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that this matter be referred to the annexation committee. CITY MANAGER'S REPORTS A111-59-3 SANITARY SEWER DISTRICT LOCATION. Grace Court Motion by Councilman Adams, seconded by Councilman Towner, and carried, that this matter be referred to the City Engineer to contact Mrs. Morgan and explain the situation to her and the proposed setup on the A111-59-3 Sewer District, of which she will be a part. STREET IMPROVEMENTS 1022-1026 Valinda Avenue. In connection with Zone Variance No. 173 - Merlinda School. To authorize City participation in improve- ments. Amount $650000. Review City Engineer's report. Motion by Councilman Barnes., seconded by Councilman Adams that • authorization be given for City participation in street improvements as noted and the expenditure in the amount of $650.00 for said part- icipation. Motion on roll as follows. Ayes. Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes. None Absent-, None RATES - PRIVATE ENGINEER Motion by Councilman Snyder, SERVICE CHARGES - 1911 ACTS seconded by Councilman Towner and carried, that rates for private engineer service charges - 1911 Acts and other services be authorized at a rate of $8.75 per . hour for office time and for a 3-man field group at $22.00 per hour effective September 1, 1961. NORTH SUB FIRE STATION Tabled for study session of Monday, August 21, 1961, with Mr. Verne Cox to be present to explain appraisals given. Councilman Snyder said at first he wouldn't attend if the study session was just for this matter, but it was indicated there would be other items, and he then indicated he would attend and would like to have this particular matter reach a conclusion at that time. WALNUT CREEK WASH Unit 3 Charter Oak to Headworks - Flood Control Agreement. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the Mayor and City Clerk be authorized to execute the agreement with the County Flood Control District as indicated. c. C. 8-14-61 WALNUT &c MERCED PARK PRECISE PLAN Mayor Heath; Councilman Barnes - Councilman Towner - are letting us use land. Page Thirty-four Joint improvement venture with schools. Does this mean spending City money to buy equipment and putting on school property? Aren't we making improvements, putting in a water system? They are giving us land and in return we are improving the property for joint use. They Mr. Gingrich- This has to be negotiated. It increases the size of the park 1.9 acres of available land as outlined. Gives more park land for all intents and purposes, Mayor Heath„ Which school system can chop off if it wants to, Mr..Gingrich- Not if we have negotiations with them. However, anything can be removed that would go in there. City Attorney Williams: The making of improvements by the City on another persons property depends upon the right of use, to the type and amount of expenditure. You should not make an expenditure you cannot fully amortize over the time of use of the property, less what you can obtain for salvage. Councilman Towner- Do we need a 30-day clause in it? City Attorney Williams- If you can have a lease for a definite period of time, you might justify the number of dollars to make semi -permanent improvements, You couldn't build buildings on a one year lease, it would be giving away public funds. But what you put on it, you should completely be able to amortize and have assurance you will get full use of public monies expended on it. Councilman Barnes- I hate to object to this, because I see the advantage of getting additional park, but we went into the capital improvement program to have money to improve our present parks and it mentions $16,000.00 to improve this section when we do not even have the rest of the parks improved. I think this is one of the things we are trying to keep away from. Mayor Heath: Mr. Gingrich - Will this improvement on school part be accomplished the same as rest of the park? It is designed to do the 80-foot strip of school property at the same time. kL • • 0 0. 0. 8-14-61 Page Thirty-five .WALNUT & MERCED PARK PRECISE PLAN- Continued Councilman Snyder: They are going to put in an irrigation system and include it as part of future park system. Why would they want to take it back? Councilman Towner: I think both parties benefit from the major park area and improve- ments are on the part they do not need for school use and same taxpayers and people are using it. Councilman Barnes: Aren't we ever going to think of buildings and developments on present sites? Councilman Snyder: You have to put grass in first. Councilman Barnes: Yes, but if we continue to spend money for grass and improvements on other property, when are we going to do anything else? Mayor'Heath: There are high fences around school yards because they lock them up to keep people off there and if someone breaks windows in schools they will lock the fences. Mr. Gingrich: There is no fence between school property and.... We took a tour with the school board and several Councilmen and pointed out the possibility of where fences could be used on existing sites. This is a development of their theory of cooperation between school and park sites. Mayor Heath: cancelled, for fifteen years. Mr. Gingrich: If this is the case, they would be happy to negotiate a lease arrangement that couldn't be Legally, if they could do it, I am sure they would. Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that the City Manager be authorized to negotiate with the schools and bring back a proposal. Motion by Councilman Snyder,.seconded by Councilman Towner, and carried, that the tentative precise plan for Walnut and Merced Park Site be approved, subject to negotiations with schools. LIBRARY SIGN Library lettering - County indi- cated that existing lettering of "County of Los Angeles" will be changed from 6 inches to 10 inches --that is only change. POST OFFICE PARKING Acquisition of additional land under consideration by officials of regional office and are aware of need and will extend efforts in seeking a solution. City will be kept advised of developments in this matter. c. c. 8-14-61 SAN GABRIEL VALLEY PROTECTIVE ASSOCIATION Page Thirty-six Water conservation. Request for participation by City. • City Clerk to notify them the letter has been received and is to be placed on file. RESOLUTION NO. 2168 ADOPTED The City Manager presented and read - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUEST- ING THE CALIFORNIA HIGHWAY COM- MISSION TO MODIFY THE VINCENT- CALIFORNIA AVENUE INTERCHANGE WITH THE SAN BERNARDINO FREEWAY." Motion by Councilman Barnes, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows-. Ayes- Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes- None Absent; None Said resolution was given No. 2168, COUNCIL COMMITTEE Councilmen Snyder and Adams, designated to attend meeting of . State Highway Department on the widening of the San Bernardino Freeway - September 8, 1961 - Wescove School - 1-30 P.M. C. I.D. not returned. These TRACT NO. 2o456 The City Manager indicated that Mayor Heath's and Councilmen Towner's and Barnes' application gentlemen requested another application. changes now designated by the City. 1-foot gutter standards, now there on interior streets. Time extension granted with stipulation of bringing up to standard in relation to any There was formerly curb and is curb and 2-foot gutter standard Mr. Dosh indicated that Mr. Handler agreed to the new standard requirement of curbs and 2-foot gutters. LETTER TO COUNTY SUPERVISORS ON SUPERIOR COURT SITE • land site for this use. CIVIL DEFENSE STAFF Mr. Kolbe under the shady old Sycamore trees. Councilman Towner was designated to work with City Attorney Williams in the drafting of a letter to the County Supervisors relative to Proposed use of train box cars for fallout shelters and working space and training, to be buried underneath the sod in Cortez Park r� U C. Co 8-14-61 CIVIL DEFENSE.- Continued Page Thirty-seven In general discussion of this matter, it was indicated by Council that - since this was a matter that had to be taken under -consideration immed- iately, not enough information has been obtained regarding cost, what it would be used for., equipment in it and other things that might have to be done for proper usage and at this time it would not be considered. However, Council gave indication that if such an opportunity should again arise, it might again consider the use if more information was given and more time to give adequate consideration to what was involved in order to make a decision. STREET TREE LIST This list contained a list of 4/27/61 trees to be used in the City for streets 50s-601; Parkway 21-41; Parkway 4' or over; Streets 601- 100' wide: Parkway 41 or over.and trees for replacement and special. use only. It further indicated height, space taken, alkali tolerance and growth rate. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the City of West Covina Street Tree List be approved as per report submitted on April 27, 1961 by the Park Department. EXPENDITURE FOR -MUSTANG PONY LEAGUE . for the Mustang Pony League Pennsylvania to the National advertising the City of West Motion by Councilman Towner, seconded by Councilman Snyder, that an expenditure up to the amount of $300.00 be approved Team in the event that this team goes to Baseball Tournament for the purpose of Covina. Motion passed on roll call as follows: Ayes.-. Councilmen Adams., Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None CHAMBER OF COMMERCE PROPOSED CONTRACT to the Chamber of Commerce ject to the withholding of of the brochure project. Motion by Councilman Towner, seconded by Councilman Snyder, that the amount proposed in the budget to provide for $11,782.00 pursuant to our contract be approved, sub - the amount of $2,000.00 pending the approval Motion passed on roll call as follows-, Ayes: Councilmen Adams, Townes, Barnes, Snyder, Mayor Heath Noes: None Absent: None CITY ATTORNEY ORDINANCE NO. 715 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RELATING TO PINBALL AND OTHER MACHINES AND DEVICES.". • • C. C.. 8-14-61 ORDINANCE NO. 715 - Continued Page Thirty-eight 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 Snyder, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Adams., Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said ordinance was given No. 715. ORDINANCE NO. 716 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING 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 by Councilman Snyder, and carried, that further reading of the body of the ordinance be waived.. Motion by Councilman Towner, seconded by Councilman Snyder, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes,.Snyder, Mayor Heath Noes:, None Absent: None Said ordinance was given No. 716. RESOLUTION NO. 2169 ADOPTED Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 1072 RELATING TO THE COMPENSATION OF THE CITY ATTORNEY." 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 Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None • Said resolution was given No. 2169. RESOLUTION NO. 2170 ADOPTED The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO CALL A SPECIAL ANNEXATION ELECTION AND FIXING A TIME AND PLACE FOR PROTESTS BY PROPERTY OWNERS." (West Covina Southerly -Annexation District No. 169) C e. 8`14-61 Page Thirty-nine RESOLUTION NO. 2170 - Continued -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 Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2170. RESOLUTION NO. 2171 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPLYING TO THE DEPARTMENT OF FINANCE FOR AN ESTIMATE OF THE INCREASE IN POPULATION OF THE CITY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAID DEPARTMENT " Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. • Motion by Councilman Snyder, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows. - Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2171. PROPOSED ANNEXATION NO. 170 Motion by Councilman Towner, LEGAL DESCRIPTION AS. PREPARED BY seconded by Councilman Snyder, and MR. HAROLD JOHNSON PROPOSED TO BE carried, that the City Clerk shall ANNEXED. BY THE CITY be authori-zed to file this with the County Boundary Commission. ASSESSMENT FOR SEWER PURPOSES In the revised appraisal, this ON SINGER PROPERTY was not designated as $7,250.00. The Counsel for Singer called our City Attorney's office indicating that he needs $8,000.00 real badly and if Council would approve this $8,000.00 tonight, this would settle the pending law suit on the matter. If this was done, the City would have to participate in the amount of $750.00, as there was only allocated $7250.00 in assessment proceedings. Motion by Councilman Towner, seconded by Councilman Barnes, that the City Attorney be authorized to complete a settlement for the Singer property in the amount up to $8,000000 provided we get a title report showing clear title. Motion passed on roll call as follows-. Ayes: Councilmen Adams., Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None C. C. 8-14-61 Page Forty ASSESSMENT FOR SEWER PURPOSES ON SINGER PROPERTY - Continued Motion by Councilman Towner, seconded by Councilman Adams, and, • carried, that the amount of $750.00 be authorized to be taken from the Unappropriated Reserve Fund to make up the difference between the $7250.00 allowed and the $8000.00 limit stipulated relative to the Singer property regarding assessment for sewer purposes. CITY CLERK PROPOSED ANNEXATION NO. 50 - City of Covina ) PROPOSED ANNEXATION NO. 18 - City of La Puente) No objections PROPOSED ANNEXATION NO. 2 - City of San Dimas) PROCLAMATION OF ANTI- August 28 to September 1, 1961 COMMUNISM WEEK The Mayor so proclaimed. ALCOHOLIC BEVERAGE Mexican Joe's and El Dorado LICENSE APPLICATIONS Dinnerhorn, %c, Subject to police report, with report to Council. • CLAIM OF LAURENCE C. MC MILLAN Nothing further could be done in relation to breakage of eyeglasses of Mr. McMillan, due to an accident on City Hall premises. It was indicated by Council, however, that anyone should be checked out by a doctor relative to any accident and it should be done immediately. It was indicated that the matter of hotel reservations for the pending League Convention in San Francisco would be left to the City Clerk to carry through. SAN GABRIEL VALLEY The recommendation of the Parks SYMPHONY ORCHESTRA and Recreation Commission indi- cates financial support by the City of this orchestra. This matter to be taken up on the study session agenda Monday night, Mrs. Van Dame-. These streets you are changing the names on, you have to remember to notify the Registrar of Voters. • A long time ago Mr. Dosh was told or asked to have a slate put in front of the City Hall showing the various City departments, and where they are located, especially the Police Department. I was here before 8 one evening and couldn't get inside the City Hall, and while I was waiting outside two people wanted to know where the Police Station was and that occurs quite often. Mr. Dosh said it wasn't up to his depart- ment any more and someone else had that responsibility. It should be something right by the building that would be easily seen. • C. C. 8-14-61 Mrs. Van Dame - Continued Mr. Dosh: came under Public Services care of it Mrs. Van Dame-. Mayor Heath: Page Forty-one My division wasn't connected with this until possibly this past month in that building maintenance jurisdiction, so possibly we can now take Have you decided about the planners? It is still under advisement. Mrs. Van Dame: I do not think that any planner should be given more than two years time, four years is too much. I am not quite satisfied with some of the ones on the Planning Commission. APPOINTMENT TO PLANNING COMMISSION Councilman Adams ONE MEMBER ON RECREATION AND Motion by Councilman Snyder, PARKS COMMISSION FROM SCHOOL BOARD seconded by Councilman Adams, and carried, that the City Attorney be instructed to revise the ordinance on the Recreation and Parks Commission to set one member, and only one member, recommended by the school board and the number of Commissioners --shall be changed from seven to five. Councilman Barnes voting "No." It was indicated the matter of appointing a school board member or a lay person for the one member of the Commission should be left up to the school board. Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that the Mayor be authorized to write a letter to the school board explaining the fact that the Council is changing the number of the Commissioners on the Park and Recreation Commission from 7 to 5 and they shall furnish us with one recommendation of an appointee to this Commission rather than the two formerly designated. DEMANDS APPROVED Motion by Councilman Snyder, seconded by Councilman Towner, that Demands totaling $274,853.57 as listed on.Demand Sheets C-275 through C-277 and B-82 be approved. This total includes fund transfers in the amount of $64,393.20, bank transfers in the amount of $35,725.00 and also Funds including time deposits in the amount of $105,000.00. . Motion passed on roll call as follows-, Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None .L r. 0 c . c . 8-14-61 Page Forty-two There being no further business, motion by Councilman Towner, .seconded by Councilman Adams, and carried, that the meeting be adjourned at 1 A.M. to Monday, August 21, 1961 at 7:30 P.-M. ATTEST: City Clerk APPROVED Mayor