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08-28-1961 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA., CALIFORNIA August 28, 1961 The meeting was called to order by Mayor Heath at 7-.50 P.M. in the West Covina City Hall. The Pledge of Allegiance was led by Councilman Snyder, with the invocation given by Dr. De Witt Joseph Brady of the .Congregational Church of the Good Shepherd. ROLL CALL Present-.. Mayor Heath, Councilmen Adams, Towner, Barnes, Snyder Others Present.- Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Dwight Newell (in the absence of the City Attorney) Mr. Harold Joseph, Planning Director Mr. Thomas Dosh, Public Services Director APPROVAL OF MINUTES August 8, 1961 ® Motion by Councilman Towner, seconded by Councilman Adams, that the Minutes of August 8, 1961 be approved as sab4iitted. August 14, 1961 - Motion 'by Councilman Towner, seconded by Councilman Barnes., and carried, that the Minutes of August 14, 1961.be approved as submitted. August 21, 1961 ® Motion by Cmincilman Barnes, seconded by Councilman Towner, and carried, that the Minutes of August 21, 1961 be approved as submitted. CITY CLERK'S REPORTS CITY REIMBURSEMENT AGREEMENT LOCATION-. Willow Avenue,,between NO. 35 Walnut Creek Wash and Garvey AVenue. PROJECT A111-59-1 SANITARY SEWERS To approve City Reimbursement Agreement APPROVED No. 35 for additional sanitary sewer capacity in Willow Avenue line. Staff recommends approval.. Motion by Councilman Barnes, seconded by Councilman Snyder-_, and carried, that City Reimbursement Agreement No. 35 be approved. CITY REIMBURSEMENT AGREEMENT LOCATION.- Sunkist Avenue and Tan Horn NO. 36 Avenue. PROJECT A111-59-1 SANITARY SEWERS To approve City. Reimbursement Agreement APPROVED No . 36 for sanitary sewer easements needed to serve Assessment District A111-59-1. Staff recommends approval. Motion by Councilman Towner, seconded by Councilman Adams, and" carried, that City Reimbursement Agreement No. 36 be approved and authorize the City Engineer to collect such charges at the time house connections permits are issued. C. C. 8-28-61 Page Two PRECISE PLAN:NO. 260 -LOCATION-, West side of Azusa Avenue., Street and Sanitary Sewer between Workman and Rowland Avenues. Improvements • (C. H. Beattie, Jr.) To accept street and sanitary sewer APPROVED improvements And authorize the release of Hartford Accident add Indemnity Co. Bond No. N-3163001 in the amount'of $3,400.00. Inspector's final report on file. Sidewalks and driveway aprons are in and inspected. Staff recommends acceptance and release of bond. Motion by Councilman Adams, seconded by Councilman Barnes, and carried, that street and sanitary sewer improvements in Precise Plan No. 260 be accepted and authorization given for release of Hartford Accident and Indemnity Co. Bond No. N-3163001 in the amount of $3,400;.00. PRECISE PLAN NO. 273 Request for Participation in Street Improvements (Hartman -Noonan Company) APPROVED Councilman Townerg (In connection with Project C-153) LOCATIONs West side of Glendora - Avenue, north of Merced Avenue. Staff recommends approval. What is the estimated cost in thisj project? City Manager Aiassa: The estimatedcost for these improve- ments is $1,517.46. It should be . noted that in this particular-d6iieiop- ment, that their request is only a small parcel and there are,.parcels on both ends from Wescove to an existing alley where the Frostee Freeze is. Is this property all under one ownership? Mr. Joseph-, Yes, Councilman Towner.- Apparently there will be a contractor I I— F doing improvements for the develo"per. As I read the proposal here from the --City Manager, through the staff, was that the entire frontage be improved and that there be no portion left undone. City Manager Aiassa-, I think this report should be read in total for the record. We have estab- lished an over all policy of street participation and used it on Sunset with the Federal Savings Bank. Councilman Towner-. I read the report and understand it, or thought I did. My question now, is my understanding right or wrong? .My understanding is regarding the 375-foot length along Glendora --the intent is to participate in improvements, and this is the recommend- ation. City Manager Aiassa.- That is right. Councilman Towner-. Now I get the picture from the staff in here --their explanation is that there would be a portion here left undone. C. C. 8-28-61 PRECISE PLAN NO. 273 - Continued Mr. Dosh: • Councilman Towner: also in front of that part City Manager Aiassa: and are proposing to do the to Sunset Avenue. Mayor Heath: Page Three Only insofar as curb and gutters, As I understand, there is only a portion being worked out for the developers' portion, but this is that he is not working on. We will do as we did on the Vincent Avenue extension where we constructed a center strip of 48 feet pavement, same on the Cameron extension from Orange Haven't we always insisted that when a man wanted to develop his property, all particular improvements were put in? City Manager Aiassa: We have established two precedents -- on Vincent and on Cameron, where the City put in a 48-foot center strip and each property owner contributed the necessary right-of-way and, in addition, improved the areas to that 48-foot strip. That is why we thought this report should be made clear to you now. Mayor Heath: My question isn't concerning pavement, but curb and gutters, and my under- standing is that when a man developed part of the property he is required to put in all improvements. That does not seem to be the case here. Mr. Dosh: City Manager Aiassa: gutters will be done. That is not quite true. We have many precise plans developed piece meal. When the full precise plan is com- pleted. This is only a portion now. All those improvements, curb and Mayor Heath: This still isn't my statemento A man owns a large parcel, say 500 feet of frontage on "X" street and plans a building for only 100 feet, but at the time he starts building the entire 500 feet has curb and gutters installed. Mr. Dosh: We have not been doing this consistently, Councilman Barnes: We do this on many lot splits, develop- ing not a part of, yet still insisting on curb and gutters and paving out to the existing street. 0 Councilman Snyder: We do it on lot splits because it is the simplest way to get at them. Councilman Barnes: If you develop this and not the rest of it, what you do is put in pavement that will deteriorate if you do not bring the pavement to the curb and gutters. C. C. 8-28-61 Page Four PRECISE PLAN NO. 273 - Continued City Manager Aiassa.. We have a precise plan approved by the • Planning Commission and in it was required curb and gutters and street improvements. Their precise plan of development takes care of the restaurant in the center of the particular parcel of a large precise plan and they will make improvements in that area only. The staff says we should participate to the full length 12 feet and let them come in at any time as they develop the precise plan, partial, whole or in sections, and that they meet the existing pavement. 0 Mayor Heath. There is no question of pavement within 300 feet or whatever length you put in, but you will only have 75 feet of curb and gutter and no curb and gutter along the rest and water will accumulate in gutter. Suppose the property doesn't develop for five years, you then have 75 feet of curbs and gutters which will be doing nothing but making a mud hole for the other section of the property. City Manager.Aiassao This is the problem when you have only a partially developed precise plan, You could request a bond and when the rest is done, do the rest as a whole. However, the staff report is hot involved concerning the construction of curbs and gutters, but street construction participation for better- ment. Councilman Towner. - approval of the precise plan use procedure. On the balance of the precise plan, that should follow the usual procedure. Usually there are requirements in the they put in there, or some customary So far as the pavement goes, the City saves money and gets rid of a traffic bottleneck by putting this in and on that portion of it, i am in agreement. Motion by Councilman Towner, seconded by Councilman Snyder, that the City participate in the construction of pavement improvements on Glendora Avenue in connection with Precise Plan No. 273 to the extent of a 13-foot over all width and that the plans and specifications for Project No. C-153 be approved and the City Engineer authorized to negotiate a contract for this work. Mayor Heath.- We are not participating in any of the curb? City Manager Aiassa.- No, just paving in center of the street. Motion passed on roll call as follows.- . Ayes.- Councilmen Adams, Towner., Barnes, Snyder, Mayor Heath Noes.- None Absent.- None C. C. 8-28-61 SCHEDULED MATTERS BIDS DISTRICT A111-59-2 SANITARY SEWER DISTRICT Awarded to Max Milosevich Bids were opened as advertised at 10:00 A.M., August 24, 1961 in the office of the City Clerk and referred to the City Engineer for recommendation to the City Council at this meeting. Notice of Publication had been received from the West Covina Tribune on July 27 and August 3, 1961 and as a news item in the Green Sheet on July 25, 1961. The bids received were as follows: Dakovich & Kral Martin Kordick J. L. Construction Co. Max Milosevich Edmond J. Vadnais Falcon Cont. Corp. Page Five LOCATION: Greenberry Avenue and other streets. $142, o83.12 149,767.76 142,229.67 132,056.36 144,038.38 165,834037 All bids contained 10,% bid bonds. Correction $149,769.61 Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the bid on District A'11-59-2 be awarded to Max Milosevich in the amount of $132,056.36, as the lowest responsible bidder, and that all bid bonds be returned to the unsuccessful bidders. RESOLUTION NO.. 2173 The City Clerk presented. - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AWARDING THE CONTRACT TO IMPROVE GREENBERRY AVENUE AND OTHER STREETS IN THE CITY IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 2130." (Max Milosevich - AQ11-59-2) Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None • Said resolution was given No. 2173. HEARINGS DISTRICT A111-58-4 Heating of protest or objections to the SANITARY SEWER DISTRICT confirmation of assessment to cover the installation of sanitary sewers in the California Avenue and Crumley Avenue Sewer District. Set for hearing this date in the "NOTICE OF FILING ASSESSMENT AND DIAGRAM" dated August 10, 1961. LJ C. C. 8-28-61 Page Six DISTRICT A' 11758 4--SAN.ITARY SEWER.,.DISTRICT :_---- Continued Mayor Hatho This is -the time and place -for the hearing of protests or objeptions against the assessment for improve- ment of California Avenue and Crumley Avenue Sewer District. Mr. City Clerk, do you have the affidavits of Publication, Posting and Mailing relative to this hearing? City Clerk Plottena I have the affidavits. Mayor Heath-. I will entertain a motion to receive and file the affidavits. Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the affidavits be received and filed. Mayor Heath-. Mr. City Clerk, have you received any written protests or objections against the assessment, the improvement as constructed or the proceedings? City Clerk Plotten-. We have received one protest. This is a written protest from W. V. McKay of 893 Oak Park Place in West Covina. There was a question of cost of improvement per foot, but that matter has been satisfied with the protestor in the explanation regarding the method of charging on this from staff level, There is, however, another problem relative to the lateral to lead underneath the curbing, in that there was a 3-foot shortage to this point. Mr. Tomich was paid for, the charge he made for the three extra feet of pipe and labor, and yet all other laterals on the block came up to the curbing, whereas it is indicated this one did not. Mr. Rosetti-. before the spread of assessment have been some adjustment made and at this time, it cannot be Councilman Snyder; I do not think that this is directly concerned with the assessment tonight. If this had been brought before us for the amount of money there might in here, but in this particular case, done, How could that have happened? Isn't that the contractor's -fault? Mr. Rosettie The only answer is that the plans and specifications, especially the plans, if called to that point was a miscal- culation, and if it was not that, then the contractors might have been at fault. However, since the contractor brought the point up, probably the plans called for it. Mr. Dosh-. Mayor Heath-. City Clerk F"lottena The fans called for it (that three feet . The plans were correct. Does it state the amount? No, but it states that Mr. Tomich was paid for that extra footage, and that his company will verify this error. C. C. 8-28-61 Page Seven DISTRICT A111-58-4 SANITARY SEWER DISTRICT - Continued Mr. Rosetti.- • Councilman Towner-. Mr. Dosh-. Mayor Heath-. It was probably around $10.00, but I do not think it has any direct bearing on the assessment. Is Mr. Tomich the one who made the house connection? Yes, he made the house connection. I can't see this is not related to the assessment, they are being charged for something they haven't goto Mr. Rosettio We are spreading the assessment according to the design specifications and assuming the contractor is follow- ing through on those specifications. Mr. Dosh-. They built this 3 feet short according to Mr. Tomich, or else Tomich is wrong, according to the sewer contractor, and he built it to the curb. Mayor Heath-. I think the party is being assessed for something he is not getting. Councilman Towner; This may or may not be true. The con- tractor bringing it from the house may be wrong. I do not think this has anything to do with the assessment, but this is between the contractor and the City to see that it is straightened out. I do not think this has anything to do with the over all assessment. Councilman Barnes-. Who was the original contractor on this district? Mr. Dosh.- I believe it was Z4rubica. Councilman Barnes.- Has he been contacted regarding this lateral? Mr. 'Dosh- We didn't learn of this until today. Councilman Barnes: I think this should be checked out by the City staff and possibly something worked out between the two contractors. Mr. Rosetti.- I think this would be the best solution. Councilman Towner-. I do not think it is a legitimate pro- test in respect to the assessment of • the sewer district. It is a separate matter. Mayor Heath-. However, this hearing indicates "sewer as constructed." .Mr. Rosetti-. This is not as constructed. The con- tractor must put this in in accordance with the plans and specifications and if he does he is within his rights. d. C. 8-28-61 Page Eight DISTRICT A111-58-4 - SANITARY SEWER DISTRICT - Continued Councilman Snyder: If he stopped 3 feet short, our inspector -should have caught it. City Manager Aiassa: The portion of protest relative to the ratio has been satisfactorily answered by the staff insofar as this party is concerned. The other matter of the 3-foot shortage is something between the two contractors, or so it would appear, and has nothing to do with this hearing. Councilman Snyder: Except possibly our inspector did miss it. Councilman Towner: I think we can overrule that protest, because it is groundless as a protest and I would move it be denied. Councilman Barnes-. I would second that motion, but I would like to state that Mrs. McKay should be satisfied in regards to this 3 feet that was an additional cost. City Manager Aiassa-. You could have a separate motion that the staff investigate this discrepancy of 3 feet. The question on the motion was asked and all members of Council voted "Aye" to the protest being denied, with the exception of Mayor Heath, who voted "No" in that he felt the person was being assessed a certain amount for a complete job and the person did not get a complete job, and that he reels it is a justified protest to the matter of "improve- ments as constructed." Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the City staff be instructed to contact the two con- tractors and make an adjustment with Mrs. W. V. McKay in regards to the extra three-foot cost on connection fee, Councilman Towner: Maybe there is no adjustment necessary. Maybe there was no three-foot shortage and the motion should be that we do not accept the fact there is a shortage. Councilman Barnes: We do not care who makes the adjustment, just which contractor or how it is done, so long as the additional cost doesn't apply to Mrs. McKay's lateral. Councilman Towner: With that understanding, I agree. Motion by Councilman Towner, seconded by Councilman Adams, and carried, that the hearing on A111-58-4 be closed. RESOLUTION NO. 2174 The City Clerk presented-. ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONFIRMING THE ASSESSMENT FOR CALIFORNIA AVENUE AND OTHER STREETS IN THE CITY OF WEST COVINA." (A'11-58-4) 0 0 C. C. 8-28-61 RESOLUTION NO. 2174 - Continued Mayor Heath:. Page Nine 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..2174. DISTRICT A111-60-2 Hearing of protest or objections to SANITARY SEWER DISTRICT forming 1911 Act Assessment District to cover the installation of sanitary sewers in Hillhaven Drive and other streets. Set for hearing this date by Resolution of Intention No. 2157 adopted by the City Council at their regular meeting of July 24, 1961. Mayor Heath-. This is the time and place for the hearing of protests or objections against the improvement of Hillhaven Drive and other streets in the City of West Covina as described in Resolution of Intention No. 2157. Mr. City Clerk, do you have the affidavits of Publication, Posting and Mailing relative to this hearing? City Clerk Flotteno We have the affidavits, Mayor Heath-. I will entertain a motion that the affidavits be received and filed. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the affidavits be received and filed. Mr. Rosetti-. According to the figures given to our firm by the Engineering Department, the cost would run about $5.50 per assessable front footage. However, I believe the estimate is high. The last one ran $4.43. Mayor Heath-. Mr. City Clerk, do you have any written protests? City Clerk Flotten: We have received no written protests. Mayor Heath-. Is there anyone in the audience desiring to speak on this matter? Mr. W. Waggle Mr. Waggle asked to be shown just how 3529 Miriam Drive this area would be sewered, how it would West Covina be brought to Hillhaven Drive. This was shown to him, and he expressed satisfaction with the explanation given. Mr. Waggle then questioned the estimated cost, and if this was a definite figure. It was indicated this was an estimated.figure, the figure not actually specifically known until a bid is received and it could become higher or lower, it would depend on the lowest bid received. C. C. 8-28-61 Page Ten DISTRICT At11-60-2 SANITARY SEWER DISTRICT - Continued Mr. Rutherford Mr. Rutherford indicated there were 3532 Miriam Drive 81 lots in this particular tract, and he wondered if a particular area of 5 acres vacant at this time would part- icipate if developed and have use of it, and how it would be done. It was indicated by staff that they would pay a connection charge for the amount of money the City puts up to install the line across Grand Avenue and the additional burden is on the City. It was done to serve the people and save them a sum of money, and as there are connections, they will have to pay for at the same proportionate share based on the size of the lot. Mr. Waggle made reference to certain property being sold in the back area. Mr. Rosetti indicated that was out of this district and if it is bought there would have to be another sewer in there and.if not in the district it cannot tie into this district at this time. Mr. Smallen questioned whether he would have to pay for the lines on both sides of his property, and Mr. Rosetti indicated no, that he would only pay for one area. Motion by Councilman Barnes, seconded by Councilman Snyder, that the hearing be closed. RESOLUTION NO. 2175 ADOPTED Mayor Heath-. The City Clerk presented-. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING WORK TO BE DONE IN HILLHAVEN DRIVE AND OTHER STREETS AND RIGHT-OF-WAY IN THE CITY OF WEST COVINA IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 2157." (`A'//-4a-,;-) ) Hearing no objection, 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 Absent-. None Said resolution was given No. 2175. ZONE CHANGE NO. 193 LOCATION-. Merced Avenue, between (Olive M. Britt) Shadydale and Sunset Avenues, APPROVED IN ACCORDANCE WITH THE RECOMMENDATIONS REQUEST-. Reclassification from Zone OF THE PLANNING COMMISSION R-A to Zone R-Po Conditionally approved under Planning Commission Resolution No. 1085. Applicant appealed the decision of the Planning Commission with respect to withholding one lot depth along Shadydale from their approval. Notice of this hearing published in the West Covina Tribune on August 17, 1961. The City Clerk read the resolution of the Planning Commission, c. Co 8-28-61 Page Eleven ZONE CHANGE NO. 193 - Continued Mayor Heath opened the public hearing and stated all those desiring to present testimony should rise and be sworn in by the City Clerk. IN FAVOR Mr. J. Maul I did the study for Mrs. Britt some 245 W. Badillo Street years ago for commercial zoning on the Covina corner and now I have done her study for the zoning request for R-P here, As stated by the Planning Commission, there is no particular question about the need for R-P in this area, because of the hospital being built here. There is a definite situation here as to land available, which is on a limited basis, and it will definitely fill up, with no problems, so far as the need is concerned. The applicant has been approached by medical people for this use here, so the need is there. The only question is this area right in here. This is next to Shady - dale. There is now a concrete block wall across the back of these properties. There are exactly three lots across Shadydale from this property and one is key property lot which means that just two lots will be effected by this zoning and facing directly to it. The problem is this, in developing a medical center on a large basis, you can do a much better job if you have enough space to do so. One group of doctors has approached the applicant, headed by a management 40 concern, and desires enough property in order to develop a large med- ical center. When this would be cut to a long, narrow piece, it is more difficult to develop. Another thing that is important is just what do the neighbors get when they get an R-P improvement? Medical buildings are usually done in good taste and grounds and buildings are usually always well maintained, painted and landscaped. A medical use has no rush periods as people usually arrive by appointment, and it is not in use at night and it is a good neighbor to have. The noise factor is another important thing, and there is no particular noise with such a use and is even, perhaps, less noisy than the average residential area. This is important to consider, plus the fact that there are only two lots actually being affected. The man on the corner stated., personally, that he had no objection to this use, The medical building will face Merced and this could develop as a landscaped area toward Shadydale and controlled by pre- cise plan. No plan was presented at this time because it would probably have to be changed when an actual owner -builder came in, as they would have their own ideas. But the Planning Commission would still have control of the nature of appearance from Shadydale by proper precise plan use. I believe, too, that there is a hardship involved. It is indicated there should be three residential lots developed., and if not developed it would just be weeds and cost taxes. It is felt that the possibility of developing three lots in an already developed area would be very difficult to do and a hardship economically. C. C. 8-28-61 Page Twelve ZONE CHANGE NO. 193 - Continued Mrs; 0. Britt In regard to neighbors, there have been 1330 S. Sunset Avenue no protests., no dissatisfaction from any of the residents across the street or north of this property on Merced. The --third lot is occupied by a Mr. DeCarlos, who personally stated he had'no objections and indicated this would be a good improvement. I would like you to notice that strip. I owned a strip back of where I live, part of an orange grove, 160' x 450'.. I was trying to be a good citizen and cooperate with the development coming into the section and I felt it. -could be spared and sold it to Mr. Horny. Not long after Mr. Horny felt -he wanted houses on Shadydale. I was reluctant to sell but thought we could spare it and before making a decision, I made a special visit with Mr. Gerschler, who was then your Planning Director, and told him what we were thinking of doing, and asked if I would de- f-eat the purpose of improving the property on Merced for a potential medical or perhaps C-1 use. He assured me, as well as Mr. Harold Johnson, who did the engineering when the Texaco Station was built, Both felt the 300-foot depth on Sunset wouldn't hurt me much relative to development and if I would give Mr. Horny, the 276 feet it would be very close to the 300 feet on Sunset, so I sold that part and that is how I had the piece on Merced. Before the deal was out of escrow, I put a sign there that this was potential R-P and it was there long before any residents took possession. I have looked forward to developing this, and it has not been done • before because of an estate matter due to my husband's death. Many agents have come to me and desired me to sell. You gentlemen know that property here is very limited for such a use except for the Hurst property on the other side, and there is nothing so close to the hospital and there is very little I have, and we need this use here, The minimum amount of square footage for a lot is 8,000 square feet. If we have to accept the decision made, I will be sacrificing two- thirds of an acre of land that could be used for a medical purpose and for lots that would never be saleable. No builder would go in and sell houses. He couldn't come out on it, nor could I come out on it. Mr. Brady owns practically 50% of the 276-foot depth on Shadydale and has no objection to the medical center. IN OBJECTION Mr. B. Mann I,am across the street from subject 1212 Shadydale property fronting on Shadydale. I believe the decision of the Planning Commission was fair. It seems incon- gruous that the last 200 or 300 feet of a very good neighborhood should be used for anything but houses. Mr. Brady's house is up for sale, so it makes little difference to him. If we get residences here, it will give a buffer zone for any businesses that are bound to come up and down Sunset. In terms of medical center or rezoning something to R-P, except for this strip fronting on Shadydale, the applicant has commercial property from Sunset back that she can certainly have for R-P use and giving more room there. • 0 C. C. 8-28-61 Page Thirteen ZONE CHANGE NO. 193 - Continued Mr. W. Sweeney I live on the same side as this piece 1225 Shadydale of property. We have a nice street and so far as three more lots are con- cerned, I feel it should be R-1. This red section is all vacant except for the service station on the corner and there is quite a bit of property there. There are many other things than can also be permitted in R-P besides medical center use. IN REBUTTAL Mr. Maul-. There is an existing service station on the corner with a 20-year lease, so there is no possibility of eliminating the station. The commercial area might become medical buildings, it depends on the economics at the time, but even at than we feel there isn't a great deal of medical center use land in the area. We feel it would be an advantage to have thisproperty in such a place that could be well planned and an asset. Councilman Towner requested the various dimensions of the area involved, as well as the commercial area in total, which was done, indicating a little less than an acre and a half on this particular area, and a total of 2-1/2 acres could be developed for medical use excluding R-1 and service station. It was also indicated the three proposed residential lots could be built under Area II fronting on Shadydale and siding on Merced at the corner with adequate distances. Councilman Towner indicated he could see no hardship here. Councilman Snyder stated that if you could forget the C-1 zoned 'here, you might consider a hardship, but then you can develop this on the C-1, also that is the logical way to do it, and there is no hardship and would see no hardship in including the R-1 stipulation. Councilman Barnes stated that when you consider the total area, ex- cluding the filling station, he thought there was a very large parcel that could be developed into most any type of medical center. He also felt there was adequate room and did not see any hardship at all, and that he felt as the Commission did in regard to the R-1 lots facing Shadydale and that they should be placed there. Councilman Adams stated that he would concur with the statements made and that in fairness to all the R-1 established on Shadydale should be maintained and at the same time the applicant does have sufficient property flexibility to develop C-1 or R-P in the area left to her. Mayor Heath asked if this C-1 was rezoned under the present owner and Mr. Maul indicated that it was. Councilman Towner stated that he was quite sure that Mrs. Britt owns the entire corner there and Mr. Maul indicated that was correct. Councilman Towner-. It appears that the Planning Commission has justified extending the zoning as indicated, but extending it any further than that is going too far. There is need for medical use in the area, and I would go along with increasing the zoning to make it developable for that use. 11 E C. C. 8-28-61 ZONE CHANGE NO. 193 - Continued Motion by Councilman Towner, seconded that Zone Change No. 193 be approved ations and conditions of the Planning Page Fourteen by Councilman Snyder, and carried, in accordance with the recommend - Commission. Mayor Heath called a recess. Council reconvened at 9:20 P. M. ZONE VARIANCE NO. 347 LOCATION-. 222 N. Azusa Avenue, between (Vernon Eichstaedt) Garvey Avenue (Freeway service road) HELD OVER TO NEXT REGULAR and Workman Avenue. MEETING AT THE REQUEST OF THE APPLICANT REQUEST-. To permit nonconforming wheel stops, fence, trailer uses in Zone R-A. Denied by Planning Commission Resolution No. 1066. Appealed by applicant on July 12, 1961. Hearing held over from August 14th at request of applicant. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that Zone Variance No. 347 be held over to the next regular meeting at the request of the applicant. ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 (Rev. 2A) (Ralphs Grocery Company) APPROVED AS STIPULATED hearing on July 24, 1961. 1961 to August 24, 1961. and Ordinance introduced. LOCATION-. 1742 Puente Avenue, between Eileen and Azusa Avenues. REQUEST-. To reclassify from Zone R-P and R-A potential R-P to C-1, denied by Planning Commission on May 17, 1961, Resolution No. 1044. Applicant appealed decision of the Planning Commission on May 18, 1961. The Council conducted a Hearing held over from meeting of July 24, Zone Change No. 182 approved August 14, 1961 Request for Adoption of Precise Plan of Design No. 182, Rev. 1 denied by Planning Commission Resolution No. 1068. Appealed by the applicant on July 20, 1961. Hearing conducted on August 14, 1961 by Council. Held over to August 28 for plan improvement. Continue hearing on the Precise Plan only. TN RAVnR Mr. F. Garvey At the last meeting, you suggested that 274 E. Rowland Avenue we attempt to modify the plan revision. Covina The problem before the Council seemed to be that the original precise plan before you provided for the possibility of truck traffic between the homes and the store, and this seemed not to be desirable, so as a first alternative and the only one•that was ready with prints, we went to the other extreme to see if we could eliminate that completely. We have taken 1500 square feet of Ralphs and added 120 square feet to this, reduced the building area, pushed the building back and the 10-foot planting strip back to make it impossible for any traffic to come through. Ralphs docking space is in a saw-toothed design here and only for loading. Zody's had one scheduled truck delivery per day. C. C. 8-28-61 Page Fifteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Mr. Garvey - Continued: • This plan goes to the other extreme and is not as desirable from our point of view as another plan we have developed over the weekend. This next suggestion incorporates the same size buildings, but in effect what it does is to place 23 feet between the wall and the driveway and 3 feet of plaiting strip along here. It brings Ralphs loading dock to the rear of the building and retains the same facilities with respect to Zody and one additional truck entrance here. We feel this is most desirable a plan to eliminate trucking, in that it gives the minimum of traffic through here although, while it is theor- etically possible for a truck to pass here, the planting strip plus the width of the driveway in conjunction with the turnaround, the trucks will not use it. Zody will use this and come back out here and Ralphs will come out this way and straight out on Puente Avenue, making right turns as they came by. We feel this preferably would be the best solution to the problem. We have Mr. Leedman from Zodys with us, and also the architect, and his associates, and you can ask them questions as to technical solution of the problem which we have. This plan would be acceptable to Zodys. Mr. Leedman. We feel the design precludes any truck traffic along the west end of the property, but that it still provides some auto traffic movement to avoid congestion at either end. Mr. Garvey. We offer this as our firm plan. IN OBJECTION Resident To have the loading dock in back in 612 N. Eileen Avenue this plan is the same as the second plan and the second plan is the same as the first plan. I can't see any reason for a discount or grocery store here. I think you have done a good job in bringing business into our shopping centers and keeping it away from fringe areas. Mr. S. Balkoff It is true that we might not have as 630 N. Eileen Avenue much truck traffic up and down here, but what about these houses over here? How far back does this come from here to here? • Mr. Garvey: It is 98 feet from northerly boundary of the golf course, southerly boundary of the property, to the indentation suggested in Zody's store and there is a wing wall protecting it. That is 42 feet to the beginning of main wall and additional 28 feet from wing wall into building, totalling 70 feet. The other is employee parking. c. c. 8-28-61 Page Sixteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Mr. Balkoffo These two homes over here are going to • be pretty badly effected and three homes here with trucks turning around and backing onto here. I can't understand why the whole thing can't be moved out to Azusa Avenue, maybe 50 feet back. Ralphs has stores on highways with parking in rear, then there would be no difficulty with trucks. Cars are O.K. for parking in rear. They would go close to the store, as people like to get close to the store anyway so they don't have to walk so far. Mr. H. Bluthrode I notice on this plan two violations, 18.30 Pioneer Drive or differences, from the Commission's recommendations which were designed to afford some reasonable protection to the property owners. They introduce vehicular access there at some point other than Myrtlewood. There is a school crossing for children in the area,.and this would inhibit that crossing with a vehicular access here. They have also dwindled the planting strip to three feet, and in my opinion, there wasn't even sufficient planting before, and if they do that why not have it go down to zero? All of the homes here will be directly affected with employees coming in before store hours and leaving after store hours. Autos, maybe, are less of an annoyance, but they will have to have lights back here, and although it can be shielded, I have yet to see one that really provides adequate protection from shining lights into homes. A three-foot wide planting strip isn't enough. I see nothing to prevent trucks from using this as an access, and it is .just as convenient from Ralphs to run these down here as before and _I wonder if this will happen. It has been established, the owners of the center would maintain the planted area along this line by these homes, and what recourse do we have if they do not maintain it? If it is not maintained; there should be some recourse to a fine or penalty to give these property owners for protection to the homes on this planting maintenance. If you can't have good buffering between commercial and residential, Mr. Garvey has previously admitted that R-1 properties will lose money. At a Planning Commission hearing, before Ralphs came up, he represented a property owner who tried for commercial because there was commercial property across the street from him, and it was hurting his R-1 values. If C-1 across the street made for a loss of R-1 value, then C-1 property right in back of you will mean that much more loss. The F.H.A. takes a dim view of granting home loans in and around unde- sirable, from a residential standpoint, areas. Mr. N. J. McNeil I agree with Councilman Snyder when 636 N. Eileen he stated there should be simple solutions to this problem, but this isn't the solution. Maybe the rest of the property owners aren't going to agree with what I will say now, but I feel that this is going to be commercial here no matter what, and this is the definite trend now. If they had parking out to here and people have to use their hiking boots to get to the store., they won't like it anyway, to have such a long walk. Anyone using the c. c. 8-28-61 Page Seventeen ZONE CHANGE NO.. 182.and PRECISE PLAN OF DESIGN NO. 266 - Continued Mr. N. J. McNeil - Continued: approach to the store from this area will go to the back of the store, it wont be the back to them and they.won't want to come all the way to the front just when they are stopping for a loaf of bread or a quart of milk. They will take the back, they will take the closest point. If they have it clear back here, no matter where they park, they will still be this far away. The parking area has to be set aside for so many square feet and is a lot more than needed, except on opening day or sales,. and they will bunch up here near the store anyhow,, and this is a good piece of buffer in front going to waste, but if in back you would get some good from it. Mrs. J. Kendall You are putting trucks right behind 632 N. Eileen me. Maybe the other homes are pro- tected, but the three houses in front aren't. I am at the corner. Resident I do not see why we don't deserve the 610 N. Eileen same protection that other people in West Covina get and which you try to protect. I do not feel this is right or ever will be right to have this store up against our homes. We deserve some consideration and in this plan we are not getting it. Would you live there if that was by your home? Mr. Kritchevsky The Minutes of the last meeting, and 616 N. Eileen I do not recall if they have been approved or not, but I do not approve of quite all that is in there and would add to this discussion to straighten them out. I would, first of all, urge some diligent application to all the Commission said in the past regarding attitudes on the precise plan and considering the relation of the precise plan in other days and other hours which seemed illegal to the City Attorney when he was here. Further on after the discussion at our last meeting here by the pro- ponents and opponents of the matter at issue, Mr. Garvey was called to the floor for a point of technical assistance. In reading the Minutes,.I noted something not having anything to do with technical assistance, it was an argument rather than technical, advisement, to the affect "that there were many other installations in West Covina where you have traffic behind stores up to the homes." I think this definitely inexcusable to get this into the record without calling the gentleman down for it on that point and even if valid in past proced- ures of City Councils, it doesn't excuse any future presentation of this nature. • Following the scheduled reading of the ordinance that is to come, do we have any chance to ask any question or statement concerning civic duties of the Council? That may turn out to be attendant upon us in connection with this ordinance. Mayor Heath: The hearing on the zoning has been closed, and the ordinance relative to the zoning has been introduced and given its first reading. After 1# days it is given its second reading and that time is up tonight. After that has been read, the c. c. 8-28-61 Page Eighteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Mayor Heath - Continued: ordinance does not become final for 30 days, and at any time up until that ordinance becomes final, the only action to be taken would be a possible referendum of the people which is done by petition of 10% of the registered voters of the City. This brings it before us and we have a choice of rescinding this ordinance or letting it go onto the ballot and calling a special election at the cost of some $8,000.00. Mr. R. W. Grimm I keep wondering about why we can't 606 N. Eileen get this thing out of our lap. Every time Ralphs has come in they have insisted this building be to the rear which is close to our property. I agree with Mr. O'Neil and can't see why this can't be moved up to the front. These homes represent $200,000.00 worth of property at its present level. This is a big piece of property here and possibly some day it will be a commercial setup, but not now, and I ask that we get this thing out of our back- yards and give us a good buffer zone. There was no rebuttal. Mayor Heath indicated that the hearing on the plan would have to be closed in order to discuss this matter, but I believe Mr. Newell indicated that this was not necessary in order to discuss the matter. Councilman Towner; It is my recollection that the precise plan before us now has not had state- ments made regarding it by the Planning Commission. I wonder with that situation if we are required to send it back to them if there are major changes? Mayor Heath: Councilman Snyder: Councilman Barnes: Councilman Snyder: Councilman Towner: If there are major changes, it would have to go back for report according to Mr. Williams. I would say these are major changes. So would I. UNIESS THEY MOVE THE BUILDING FORWARD WITH THE SAME SETBACK. Then this would have to go back to the Commission? Mayor Heath: It's a very arbitrary thing on what you call a major or minor change. Moving the building backward or forward may or may not be a major change. If it were a great distance it may be considered major, but I would consider this minor. . Councilman Snyder: Mr. Garvey: accept that which was before the They have moved it closer to the R-1. In submitting this, we are doing so at the request of the Council to get changes. We are still willing to Planning Commission. C. C. 8-28-61 Page Nineteen ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Councilman Snyder: It seems to me this is an indication that a precise plan can be designed to buffer residences if you work at it long enough and as I look at this, it seems the new loading and unloading pattern would alleviate the truck traffic problem down the alleyway. With this new loading pattern I would like to see this plan be maintained at the old setback, the 60-foot setback in back, because with this loading pattern you would not have trucks down the back. This pattern here with 30 - 20 feet for parking Plus 10-foot planting strip in back and 60-foot setback but keep trucks to northern end of the property and trucks on the south are not much of a problem. Councilman Barnes: We are trying to keep trucks out of the back,, but still provide adequate buffering between this use and the R-1 property. I wouldn't cut down the distance. Councilman Snyder: It seems the new loading pattern forstalls any truck traffic down the back. Mayor Heath-. I presume a traffic man laid it out, but I would hate to put semi's in here. Mr. Ralphs: However, Councilman Snyder is correct. • Councilman Snyder: The new loading program solves the problem. Councilman Barnes: Leave the 60 feet and the 10-foot strip of planting area, but use this new plan as a loading pattern, keeping the trucks away from the R-1 property, and keeping the trucks at both ends of the property. Councilman Adams: You are going toward, more or less, parking area at the back of the building? Councilman Snyder: Giving them a 10-foot planter strip Plus 50 feet between the planter strip and the rear of building(s) which would give parking along planter strip in the rear. Councilman Barnes: I feel this possibly could be devel- oped very well into employees parking facing the planter strip which would be quiet all day long. 'Councilman Snyder: With this loading pattern, there could be a restriction on truck traffic. It seems they are not going to come in here. It would be the long way around. Just back trucks right in. Councilman Towner: I think the idea is a reasonable out- come under the circumstances, with one exception. There could be possibly a better precise plan, but this accomplishes the major purpose of shielding residences with the exception of this new driveway apron onto Puente Avenue. C. C. 8-28-61 Page Twenty ZONE CHANGE NO..182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Councilman Snyder: That would be moved eastward with larger setback thus moving it away from the school crossing. Councilman Towner: Leave the driveway openings on Puente Avenue as indicated on the original precise plan? Councilman Snyder: Driveway openings directly north of loading dock, as drawn here. Councilman Towner: I think two driveway openings onto Puente Avenue are sufficient and one could be directly opposite the loading dock. That would be fine with me. As revised here, there are three openings onto Puente Avenue and one coincides with school pedestrian traffic. Councilman Snyder: I see no reason for three openings. One directly north of the east side of building, and one directly north of loading dock. This plan is 26 feet. It would be moved 34 feet further east. Councilman Towner: It appears to me if you are going to go to the prior suggestion, which . looks better in the light of the worst plans submitted to us lately, they do have parking along the west side. You could eliminate 9 stalls on the latest revision and let them build that into the store area, Councilman Barnes: Do you mean back of the dock? Councilman Towner: Yes. Councilman Snyder: If they do not park there, it could become a junk place, too. Councilman Towner: There was a question about planting strip maintenance. It is my under- standing that under the present wording used by our Planning Commission that we can enforce that by criminal complaint if they do not comply. Mr. Joseph: Yes. We are doing this at present if not installed or maintained, and there has been indications to comply. We have been taking this to the District Attorney's office for com- plaint. Councilman Towner: It would appear the conditions stated by the Planning Director, together . with the changes of truck traffic as suggested by Councilman Snyder, provide reasonable and adequate buffering. It provides a physical and sound shield to the west and keeps trucks out of their backyards and I think this is at least acceptable. Mr. Balkoff: Is it possible to have this closed off down here? I know there will be trucks going up and down here, truckers take the easiest way. • n LJ C. C. 8-28-61 Page Twenty-one ZONE CHANGE NO. 182 and PRECISE PLAN OF DESIGN NO. 266 - Continued Councilman Snyder: I do not believe the Fire Department would allow us to close it. Mr. Garvey: In pushing that up 60 feet it might destroy the parking ratio. Councilman Towner: I do not think you would have any trouble on that. Mr. Garvey: It looks like we pick up enough spaces in the other way so that parking is adequate. At the request of Councilman Towner, the recommendations of the Planning Director were .read. Councilman Towner: I would suggest adding to those that lights on the westerly side of the property be shielded and installed so that there are no objectionable aspects to adjacent homes; that the accessway on the westerly side be posted for no truck traffic, and that no truck traffic be permitted to use that accessway, and that there be only two driveway openings provided on Puente Avenue. Councilman Barnes: trash accumulation in that area. Mr. Ralphs: Councilman Towner: Councilman Snyder: Mr. Ralphs: Councilman Towner: Councilman Barnes: Councilman Towner: may build out here if parking places. Councilman Barnes: Councilman Towner: The building 'should extend out_.to. the edge of the loading zone and delete those 9 parking spaces to prevent We can't comply with that and have parking ratio. Leave it in until the time the parking ratio is checked. Can't we demand they building out and just say no parking? We are losing 9 parking stalls and that. -may prove critical by moving the building out. You will get parking on the west side to have parking ratio. Parking stalls shall be removed and building may be built out and if parking needed, they may have those parking stalls. Parking should be kept out of there. We have parking on the west side. All they need is what is required. They they want and meet the requirement of enough Why no parking stalls in that location? There is danger in parking behind a wall and getting cars in and out of there. C. C. 8-28-61 Page Twenty-two ZONE CHANGE N0. 182.and PRECISE PLAN OF DESIGN NO. 266 - Continued Motion by Councilman Snyder, seconded by Councilman Barnes, and carried Unanimously, that Precise Plan of Design No. 266 (Rev. 2-A) be approved subject to the recommendations of the conditions of the Planning Director and with the further stipulation that the westerly setback be 60 feet from the rear of the retail store to include 10 feet of planting next to the fence; two openings only on Puente Avenue, prefer- ably directly north of the loading dock, and directly north of the easterly edge of the building; that the nine (9) parking spaces between the loading dock and the retail store be eliminated and the applicant may be allowed to extend the building of the grocery store out to the westerly end of the loading dock; that a sign be posted stating "no truck traffic along the westerly edge of the retail and grocery store south of the loading dock(s)" and that no trucks be allowed to use this as an accessway. ZONE VARIANCE NO. 346 LOCATION: 1345 E. Halinor Avenue, and between Ituni Avenue and Walnut Creek PRECISE PLAN OF DESIGN NO. 282 Parkway. APPROVED AS STIPULATED (Clyde W. & Pearl L. Busching) 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, their resolutions No. 1074 and 1075. • Appealed by the applicant on July Council August 14, 1961 with zone the Precise Plan No. 282 held over mission of the applicant. Review and recommendation. 20, 1961. Hearings conducted by the variance conditionally approved and to August 28, 1961 with the per - of Department of Public Works' report Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that Precise Plan of Design No. 282 be approved, subject to the recom- mendations of the Planning Department with the exception of Conditions No. 5 and No. 6, which are to be eliminated, and with the addition of a new condition No. 5, in that the applicant be required to construct a concrete drainage ditch across the front of the property and put in new pavement to join existing improvements in lieu of curb and gutters. Mayor Heath voting "No." CITY CLERK'S REPORTS - CONTINUED PROJECT NO. C-148 LOCATION: West side of Sunset Approve Plans and Specifications Avenue, at City Yard and Police Corporation Yard Sprinkler System Station. APPROVED Approve plans and specifications and authorize City Engineer to call for bids. Staff recommends approval. Motion by Councilman Adams, seconded by Councilman Towner, and carried, that plans and specifications for Project No. C-148 be approved, and authorization given for the City Engineer to call for bids. • • • C. C. 8-28-61 Page Twenty-three PROJECT NO. C-151 LOCATION: Citrus Street., north of Approve plans and Vanderhoof Drive. specifications remove bridge APPROVED Removal of Citrus Street bridge and authorize City Engineer to call for bids. Mayor Heath: I still feel -adverse to using County services in preference to competitive bidding. However,'I would like to see the County bid, as I understand we can reject the County bid if we care to, even if we have their bid. Councilman Towner: The procedure is a suggestion to get private bids and if too much higher, then get the County. Mr. Dosh: The County doesn't bid. They estim- ate, and they have only done it because in many ways this is a non- competitive field. Private contractors won't build wooden bridges and the County continues to build "rural" bridges. Motion by Councilman Towner, seconded by Councilman Adams, and carried, that the plans and specifications for Project No. C-151 be approved, and that the City Engineer be authorized to call for bids. RESOLUTION NO. 2172 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DEDICATING CERTAIN CITY OWNED PROPERTY TO PUBLIC STREET PURPOSES AND ACCEPTING SAME AS PUBLIC STREETS." LOCATION: West side of Sunset Avenue at City Yard and Police Station. Dedicating widening strip to public street purposes to be known as Sunset Avenue. (Project No. C-103) Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2172. PLANNING COMMISSION METES AND BOUNDS SUBDIVISION NO. 135-115 (Harry C. Taylor) APPROVED LOCATION: Along the north side of Rowland Avenue between Broadmoor Avenue and Edith Street. Approximately 3/4ths of an acre - 3 lots - Area District I. Recommended for approval by the Planning Commission August 16, 1961. C. C. 8-28-61 Page Twenty-four METES & BOUNDS SUBDIVISION NO. 135-115 - Continued' Maps were. presented and the. Conditions were read by the -City Clerk. °Moti-on by Councilman Towner, seconded by Councilman Adams, and carried, that Metes and Bounds Subdivision No. 135-115 be approved, subject to the recommendations of the Conditions of the Planning Commission. REVIEW OF THE PLANNING Meeting of August 16, 1961. COMMISSION The City Clerk read the various cases and action taken. There were none requested by Council to come before them other than those that were so designated. RECREATION AND PARKS Motion by Councilman Towner, seconded by Councilman Barnes, and carried that the recommended action of the Recreation and Parks Commission regarding budget sums be held over for review and recommendation from the City Manager at the next regular meeting of the City Council. GENERAL MATTERS ORAL COMMUNICATIONS • Mrs. M. Van Dame: Have you reached any decision on the planners? I hope if you have that you will keep the ones on there now. If you were at the last meeting when Mr. Jackson was absent, I"think that Mr. Launer did wonderfully well and everyone thought so. WRITTEN COMMUNICATIONS Letter from Les Usher Re: Widening of Merced Avenue. 1162 Sunkist Avenue Council has copies. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that this matter be referred to the Public Works Department for report and recommendation. PRECISE PLAN NO. 245 and Motion by Councilman Barnes, seconded ZONE VARIANCE NO. 325 by Councilman Adams, that the fee of (Arthur J. and Ellen A.Stinton) $50.00 for Zone Variance No. 325 and the fee of $25.00 for Precise Plan No. 245 deposited for these appli- cations by Arthur J. and Hdlen A. Stinton be returned to them. . Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None It was noted that in the request for return of deposit fee on these two applications, the City had incurred no cost since the hearings were not held nor any publications, posting or mailing was made in these matters. 0 • C. C. 8-28-61 CITY MANAGER REPORTS PROJECT NO. C-145 Cameron Avenue Extension Page Twenty-five Glenn Williams property. Motion by Councilman Towner, seconded by Councilman Adams, and carried, that authorization be given for the preparation of an agreement in which Mr. Glenn Williams may be a part and to proceed on the proposal as outlined by the City Staff on Project No. C-145, Cameron Avenue Extension. AZUSA AVENUE REPORT RESOLUTION NO. 2178 ADOPTED The City Manager presented and read: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS TO ADOPT THE NECESSARY ALLOCATIONS IN ORDER TO PROCEED WITH THE PROJECT OF AZUSA AVENUE FROM THE SAN BERNARDINO FREEWAY SOUTHERLY THROUGH THE CITY OF WEST COVINA TO WHITTIER BOULEVARD." 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. 2178. VACANT HOUSE REPORT Motion by Councilman Towner, seconded by Councilman Adams, and carried, that the City Manager be authorized to proceed with all vigor on abandonment of vacant and abandoned houses as outlined in the Census Report. CIVIL DEFENSE AIR RAID SYSTEM Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that the City Staff be directed to make application for matching funds from the Federal Government for the installation of air raid system in the City. POLICE RENTAL VEHICLE Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the City Manager be authorized to lease one (1) station wagon for Police Department use in lieu of a sedan on a one (1) year trial basis. Mayor Heath voting "No." C. C. 8-28-61 Page Twenty-six SAN GABRIEL VALLEY Motion by Councilman Adams, seconded SYMPHONY by Councilman Barnes, and carried, that the amount of $250.00 be allocated • from the Unappropriated Reserve Funds and a contract be negotiated in support of the San Gabriel Valley Symphony with the request that consideration be given to hold one concert per season in West Covina. • • EXTENSION OF EMPLOYMENT Motion by -Councilman Towner, seconded FOR MR. McMILLAN by Councilman Barnes, and carried, that the employment of Mr. McMillan with the City be extended for one (1) year beyond the age of 65, subject to a physical checkup. TREE PRUNING CONTRACT Held over to meeting of September 11, 1961. STORM DRAIN FFHA FUNDS Orange Avenue Drain $10,080.0o Lark Ellen Avenue 11,792.00 Citrus Street 17,388.00 Total Value $39,260.0o RESOLUTION NO. 2179 The City Manager presented. - ADOPTED "A RESOLUTION OF THE CITY COUNCIL (Lark Ellen Drain) OF THE CITY OF WEST COVINA AUTHOR- IZING AN APPLICATION WITH THE UNITED STATES OF AMERICA FOR AN ADVANCE TO PROVIDE FOR THE PLANNING OF PUBLIC WORKS UNDER THE TERMS OF PUBLIC LAW NO. 56o 83RD CONGRESS OF THE UNITED STATES AS AMENDED." Mayor Heath.- Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows.- Ayes.- Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes.- None Absent.- None Said resolution was given No. 2179. RESOLUTION NO. 2180 ADOPTED (Orange Avenue Drain) Mayor Heath: The City Manager presented.- "A RESOLUTION OF THE CITY COUNCIL OF CITY OF WEST COVINA AUTHORIZING AN APPLICATION WITH THE UNITED STATES OF AMERICA FOR AN ADVANCE TO PROVIDE FOR THE PLANNING OF PUBLIC WORKS UNDER THE TERMS OF PUBLIC LAW NO. 560 83RD CONGRESS OF THE UNITED STATES AS AMENDED." Hearing no objections, we will waive further reading of the body of the resolution. 1�1 C. C. 8-28-61 RESOLUTION NO. 2180 - Continued Page Twenty-seven Motion by Councilman Towner, seconded by Councilman Snyder, 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. 2180. RESOLUTION NO. 2181 ADOPTED (Citrus Street Drain) Mayor Heath: The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING AN APPLICATION WITH THE UNITED STATES OF AMERICA FOR AN ADVANCE TO PROVIDE FOR THE PLANNING OF PUBLIC WORKS UNDER THE TERMS OF PUBLIC LAW NO. 56o 83RD CONGRESS OF THE UNITED STATES AS AMENDED . " Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, 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 Absent: None Said resolution was given No. 2181. CITY PARTICIPATION ON West Covina Unified School District, VALINDA AVENUE PAVING proposed to improve street in front of Merlinda School, as per staff report. ..Motion by Councilman Barnes, seconded by Councilman Snyder, that the City shall participate to an amount not to exceed $900.00 forimprove- ment of Valinda Avenue paving, as per Precise Plan No. 251. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None PERSONNEL CONFERENCES Councilman Towner: We had requests from two Planning Commissioners, all members of Council, the City Manager subject to withdrawal, Mr. Gingrich, Mr. Joseph, Mr. Pontow, Mr. Dosh and Mr. Flotten. City Manager Aiassa: Mr. Walters would be willing to withdraw. C. C. 8-28-61 Page Twenty-eight PERSONNEL CONFERENCES.- Continued Councilman Towner: I was under the impression that the • first of the year personnel policy was limited relative to conferences. They could attend, but select own conference and apparently we gave these people the impression they had this choice. On the other hand, good personnel management requires leaving somebody here to run the City, and it is not out of order, if people are unwilling to draw straws among themselves, to state on our own hook who can and who cannot go to this particular conference. In order to try to apply a just decision, I would first ask if any of these people are on any league committees or staff to require their attendance? City Manager Aassa: I believe I am the only one. I am not participating in a program, but I am on advisory committee of Civil Defense to the Board of Directors of the League of Cities. Councilman Towner: I would ask each department director who can be spared in the particular department, and if he is unable to commit himself on that course, then we must decide among ourselves who can best gain from this attendance. As I understand it, you have Mr. Gingrich, Mr. Joseph and Mr. Pontow under your direction? Mr. Dosh: That is right. These four people, including myself, all stated their • desire to go. The only two people whose work overlaps considerably are Mr. Pontow and myself. So far as the other gentlemen., their work doesn't overlap as much with mine, although it does to some extent. I think if limited to one conference a year, both gentlemen might choose a later conference, as the league meeting is not as beneficial from the planners or engineers view and they might choose a meeting of specialists and get more out of it. Councilman Towner„ That would sound reasonable to me. Probably the City would have more benefit from Mr. Joseph and Mr. Gingrich attending specialized meetings and Mr. Dosh and Mr. Pontow attending the league meeting. I would be willing to draw the line on it as a matter of personnel management and ask Mr. Joseph and Mr. Gingrich to hold down the fort. Councilman Barnes.- I think this is a good idea. I think we should set up some regulations where all departments are covered. However, I know the Council has promised these department heads they can attend at least one meeting or conference of their choice during the year, and it seems they all happened to choose the League of California Cities. I think this was unfortunate, but I do feel we should, in some way, try to accommodate each and every one of them if we can. If others will go to other conferences, this is fine, but • I think under the City Manager's guidance, we could have these meetings attended and still have coverage in the City. Councilman Snyder: Councilman Barnes: after this conference we should where we stand. However, every good employee will realize we can't run the City from the Top of The Mark. That is true, but I think this is a change from what we might have voiced a year ago, and I think that right take some actions so that they know C. C. 8-28-61 Page Twenty-nine PERSONNEL CONFERENCES - Continued Mayor Heath: Is this Mr. Gingrich's and Mr. Joseph's feelings you have outlined? Councilman Towner: I think it isn't a question of feelings involved here, we know that all want to go, but it is up to us to make a wise personnel decision and keep the City running while we are away. I think the suggestion made by Mr. Dosh might be a good one. City Manager Aiassa: is not one of the staff's to do this. Whether they province of the Council. Councilman Barnes: City.Manager Aiassa: It should be stressed that these con- ferences are privileges the Council allows the staff to attend, and it rights. Some feel that it is their right should go or not is entirely within the another time, and yet that man Mr. Dosh now. It should also be indicated that this is to the benefit of department heads to go to these conferences. I think it should show for the record that Mr. Dosh withdrew to allow another in his department to go at would not relinquish his going for 0 Mayor Heath: Can your department run satisfactorily with you and Mr. Pontow gone, Mr. Dosh? Mr. Dosh: Mr. Lathrop has been with the City two years, and has been doing a terrific job. I think that he would be able to hold things down pretty well. Much of my work is with the City Manager, and I think between Mr. Lathrop and Mr. Aiassa it can be handled well. Councilman Towner: 'I have a strong feeling about Mr. Pontow going to this meeting, and I had actually checked him off in his going. Mr. Joseph might attend a specialists meeting and Mr. Pontow has special meetings he can attend and has had special privileges eges in the past and possibly could remain at home. Mr. Gingrich is the past president of the Recreation Association, and he might gain very much to attend this league meeting. I feel that Mr. Dosh, Mr. Gingrich, Mr. Flotten and the City Manager should attend this league meeting and Mr. Pontow and Mr. Joseph remain at home. Mayor Heath-. If there are members of the Planning Commission going, there must be some- thing to learn here along that line, and evidently Mr. Joseph can't attend a special meeting that he would • like to., and if you use the idea of those that never went, are to go, and those that have aren't, then you have something else again. Councilman Barnes: Yes, Mr. Gingrich has attended at least three meetings of this nature. Motion by Councilman Adams, seconded by Councilman Snyder, that it is recommended the Department Head or Assistant Department Head be avail- able at all times in the City in the matter of these conferences, or if there is interest or real reason to go, it be limited to the choice of those people who have not attended league meetings to go at this LJ • C. C.:8-28-61 Page Thirty PERSONNEL CONFERENCES - Continued time. . and that at some time, very soon, there be spelled out the policy regarding authorization to attend such conferences., etc. In this case, Mr. Joseph and Mr. Dosh have not been to these league meetings and would probably benefit in their attendance, and I feel they, at.least, should be authorized and directed to attend. Councilman Snyder: The City Manager is thinking of with- drawing, but it would be of more benefit for him to attend, and I am wondering if we couldn't direct him to go? City Manager Aiassa: If Mr. Flotten goes, I feel that would be sufficient. Councilman Towner: I am not in complete accord with the motion in that I think the City Manager and City Clerk should attend. Councilman Adams: I would also agree with that, Councilman Barnes: I am voting "No" on this, but am saying that until we have set a policy, that in all fairness, so long as the City was covered by departments, I feel that we have committed ourselves in prior meetings that they could attend at least one conference of their choice each year. This is the reason that I am voting "No." City Manager Aiassap. Councilman Towner: Councilman Snyder. - My going is still tentative, and I would like the record to show that. I concur that the City Manager should go, but I am disinclined to make such a motion. I am, too, but I think he gets the tenure of our motion. LIBRARY TAX FOR NON-RESIDENT Councilman Snyder indicated that Mr. Bonelli expressed concern if this tax of $5.00 is put on for non-residents. Councilman Towner: It would appear appropriate that someone who owns business or property here should not be subject to tax and have access to the library regardless of whether a resident or not. Councilman Snyder: You might check them from where they live. If they are not entering into the library district they would pay this tax, and if they prefer to use their own City library, then let them use it. Councilman Towner.- I am not necessarily in favor of having this limited to residency. I make extensive use of the library in San Bernardino, although I do have my business there, and do the same in Los Angeles. I think this is appropriate, as you would assume you pay tax in the City where you do business. • of C. C. 8-28-61 - LIBRARY TAX FOR NON-RESIDENTS - Continued Councilman Snyder: how are you going to prove that? Councilman Towner: Councilman Snyder: Councilman Towner: Page Thirty-one There could be a tax on a non-resident except those who are paying property taxes within the library district, but I do not think you could make an ordinance stand up relative to some- body not paying library taxes. What about the 20,000 who do not reside in the library district? Only those who do pay library district tax. Councilman Snyder: I realize people may have property in the district, but how can you take, care of it? You can't bring in a tax statement. This amount of people are going to have to suffer if they do not live in a City. Councilman Towner: Could ask at time of filing card if they live or own property in this area. Councilman Snyder: I feel this fee should be for non- residents. Councilman Towner: For people who do not pay library district tax. Mayor Heath: I don't think you can split it. PARKS AGREEMENT Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the Mayor and City Clerk be authorized to negotiate an agreement subject to the City Attorney's approval. NORTH SIDE FIRE STATION Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the North Side Fire Station be held over to the next regular meeting of the Council and that Council- man Snyder and the City Manager be directed to contact the Regional Library Staff and to determine whether they would approve the alter- nate site. Councilman Barnes and Mayor Heath voting "No" in that they are afraid we will lose the library, and it was felt we do not want to lose it. • Councilman Snyder also indicated that if we can't get the library site with it, he also would not go for the alternate site, either. Mr. Snoddy, whose property is involved in this site, but not the alter- nate site, agreed he would be willing to wait for the two weeks indi- cated by Council for a definite answer. C C . C . 8-28--61 CITY ATTORNEY ORDINANCE NO. 717 Second Reading ADOPTED Page Thirty-two Mr. Newell 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 Towner, and carried, that further reading of the body of the ordinance be waived. Motion by Councilman Snyder, seconded by Councilman Barnes, 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.717. Councilman Towner stated that he had voted "Aye" on the final reading of this ordinance, in that he felt there was now a satisfactory precise plan presented on it. INTRODUCTION OF ORDINANCE (Reeves). Mr. Newell presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE TO REZONE CERTAIN PREMISES." (Mr. and Mrs. Chas. Reeves) Motion by Councilman Towner, seconded by Councilman Adams, that further reading of the body of the ordinance be waived. Motion by Councilman Towner, seconded by Councilman Adams, that the ordinance be introduced and given its first reading. RESOLUTION NO. 2183 ADOPTED Mayor Heath: Mr. Newell presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A PRECISE PLAN NO. 283. (Reeves) 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 Absent: None Said resolution was given No. 2183. • • C. C. 8-28-61 Page Thirty-three RESOLUTION NO. 2184 Mr. Newell presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING A VARIANCE." (Busching) Motion by Councilman Towner, seconded by Councilman Snyder, that the City Attorney be instructed to revise the variance resolution to pro- vide that the property remain in the same ownership as the adjoining residential portion, in addition to the other conditions. Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder Noes: Mayor Heath Absent: None Said resolution was given No. 2184. RESOLUTION NO. 2185 ADOPTED Mayor Heath: Mr. Newell presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA FIXING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAXATION FOR THE CURRENT FISCAL YEAR BEGINNING JULY 1, 1961." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Adams, 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. 2185. RESOLUTION NO. 2186 Mr. Newell presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA FIXING THE RATES OF TAXES AND LEVYING TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 1961." Mayor Heath: Hearing no objections, we will waive further reading of the body of the • resolution. Motion by Councilman Snyder, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2185. • • • C. C. 8-28-61 Page Thirty-four INTRODUCTION OF ORDINANCE Mr. Newell presented and read: (Recreation & Parks Commission) "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE RELATIVE TO THE RECREATION AND PARKS COMMIS- SION." Motion by Councilman Towner, seconded by Councilman Adams, and carried, that the ordinance be introduced and given its first reading. Councilman Barnes voting "No." REQUEST TO SOLICIT PRIZES San Gabriel Valley Chapter for FROM CITY MERCHANTS Hemophiliacs. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that this matter be referred to the Chamber of Commerce. MEETING OF INDEPENDENT CITIES OF LOS ANGELES COUNTY LETTER FROM FRANK E. GREY City of San Gabriel - September 15, 1961. Re: Relocation of lines with La Puente Water Company. Motion by Councilman Towner, seconded by Councilman Adams, and carried, that this matter be referred to the City Attorney. INVITATION FROM CITY OF IRWINDALE REQUEST TO BRING AREA. INTO THE CITY Referred to annexation committee. NATIONAL PUBLIC WORKS WEEK POST OFFICE PARKING SPACE concerning additional parking CITY TREASURER'S REPORT July, 1961 To attend Fiesta on September 9, 1961. Francisquito and Lark Ellen ►.aYd P �. Mr.R_4� ton - 324 Navilla Place, Covina Week of October 1 to October 7, 1961. Mayor Heath so proclaimed. Motion by Councilman Barnes, seconded by Councilman Adams, and carried, that a letter be written to Postmaster Day space at the West Covina Post Office. Motion by Councilman Towner, seconded by Councilman Adams, and carried, that the report of the City Treasurer for July, 1961 be accepted and filed. c. c. 8-28-61 MAYOR'S REPORTS Page Thirty-five CIVIL DEFENSE Mayor Heath: In case of emergency, • the stipulation is we are supposed to take over the City; i.e., the Mayor, Mayor Pro Tem, as outlined in the catalogue. We are supposed to have identification cards made up so we should have these cards made out. • • There was a statement in our local newspaper that could lead to the belief there was friction between the Civil Defense and the Council and we have a signed statement by the person who was supposed to have made this statement to the effect that such a statement was never made. This was brought to the newspaper's attention, and to the top manage- ment of the newspaper., and I believe it is up to Council how far we want to go on it. It was a slap in the face, when you consider we have been mentioned in Sacramento as the foremost in the State rela- tive to Civil Defense, and there is no friction between Civil Defense and the City. Councilman Snyder: It was an irresponsible report, and if we didn't know better, it sounded like a City employee attacking the City Council through the press, and this could have led to the firing of the City employee if we hadn't known better. Probably we should enter an official objection to this. City Manager Aiassa: The Managing Editor was on vacation and is now back, but the matter was referred to the top echelons. The real bad thing was, it was repeated and is still being quoted, and it was particularly far fetched, as these persons being quoted would not say such things. Mayor Heath: Perhaps you could authorize me to contact the top echelon of the news- paper and after discussion with him, I would contact Council as to whether a written statement should be given depending upon the outcome of the conversation between news- paper authorities and myself. I would find out what is on his mind and what the story is, and if not satisfactory, I will inform Council and send a letter if it is felt necessary to do that. It was agreed this be done. COUNCIL APPOINTMENTS Planning.Commission Recreation and Parks Personnel Board East San Gabriel Valley Planning Committee Upper San Gabriel Valley Water Association League of California Cities Civil Defense Councilman Adams - Councilman Snyder - Councilman Barnes Councilman Towner Councilman Barnes Councilman Snyder - City Manager Aiassa Sanitation and Library appointments remain the same. ALTERNATE Councilman Towner Councilman Adams Councilman Towner Councilman Towner C. C. 8-28-61 REQUEST OF THE PLANNING COMMISSION Page Thirty-six Meeting with Council relative to general plan. • Meeting at 7:00 P. M. with Commission ahead of the meeting of the Commission regarding.the general plan. Need for appointments to Recreation and Parks Commission and the Planning Commission should also be studied Wednesday evening, August 30, 1961. DEMANDS APPROVED Motion by Councilman Towner, seconded by Councilman Snyder, that Demands in the amount of $147,325.29, as shown on Demand Sheets No. C-276, C-277 and B83 be approved. This to include fund transfers in the amount of $131,369.36 and bank transfers in the amount of $149.00. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None There being no further business, the meeting was adjourned at 1:10 A.M. • APPROVED %/ l 6"1 ATTEST: .0 City Clerk Mayor