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09-11-1961 - Regular Meeting - Minutes0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA SEPTEMBER 11, 1961 The meeting was called to order by Mayor Heath at 7:55 P.M. in the West Covina City Hallo The Pledge of Allegiance was led by Council- man Adams, with the invocation given by Councilman Towner. ROLL CALL Present, Mayor Heath, Councilmen Adams, Towner, Barnes, Snyder Others Present, Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Harry Co Williams, City Attorney Mr. Thomas Dosh, Public Works Director Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES August 28, 1961 - Motion by Councilman Barnes, seconded by Council- man Towner, and carried, that the Minutes of August 28, 1961 be approved as submitted. CITY CLERK'S REPORTS PROJECT NO. C-142 ACCEPT STREET IMPROVEMENTS (William Kirkland) APPROVED LOCATION.- Alw®od Street and Indian Summer Avenue, south of Francisquitoo Authorizes release of Hartford Accident and Indemnity Company Performance Bond No. N-3163229 in the amount of $4,2070,65o Notice of Completion and Inspector's final report on file. Staff recom- mends acceptance and bond release. Motion by Councilman Adams, seconded by Councilman Towner, and carried, that street improvements in Project No. C-142.be accepted and the authorization given for the release of Hartford. Accident and Indemnity Co. Performance Bond No. N-3163229 in the amount of $4,207a65o PRECISE PLAN NO. C-1 LOCATION, 350 Soo. Glendora Avenue, ACCEPT STREET IMPROVEMENTS east side of Glendora Avenue and (A. Do Addison) north of Walnut Creek Parkway. APPROVED Authorize release of -cash deposit ®f $1,000o®0o . Inspector°s final report on file. Staff recommends acceptance and .deposit release. Motion.by Councilman Barnes, seconded by Councilman Snyder, and carried, that street improvements in.Precise Plan No.. C-1 be ac- cepted and the authorization given for the release oi.the cash deposit in the amount of $1,000.006 RESOLUTION NO, 2176 The City Clerk presented, ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." (Ao Do Addison) n �J s • Co Co 9-11-61 RESOLUTION NO, 2176 - Continued Page Two LOCATION: 350 South Glendora Avenue, east side of Glendora Avenue, north of Walnut Creek Parkway. For street and Alley purposes to be known as Glendora Avenue and alley in back of Glendora Avenue. Improvements are in and inspected. 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, Mayor Heath Noes: None Absent: None Said resolution was given No. 2176. RESOLUTION NO, 2177 ADOPTED The City Clerk presented: tO,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RE- QUESTING THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY, CALIFORNIA TO PERMIT THE USE OF CERTAIN GAS- OLINE TAX MONEY ALLOCATED AS COUNTY AID TOWARDS THE IMPROVEMENT OF GLENDORA AVENUE FROM MERCED AVENUE TO SERVICE.AVENUE BY THE CONSTRUCTION OF ASPHALTIC PAVE- MENT ON AGGREGATE BASE AND AP- PURTENANT WORK." LOCATION: Glendora Avenue from Merced to Service Avenues (east). Proposed under Project C-153 and others. Amount $14,000.00 Budgeted project. 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 by 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. 2177. RESOLUTION NO. 2182 The City Clerk:presented: ADOPTED `•A RESOLUTION .OF THE CITY COUNCIL OF THE CITY OF.WEST_.COVINA AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED," Quit claim deed to easements in portion of Lot 258 of E.J. Baldwin's 4th Subdivision. Easement is no longer needed since replacement on Final Map of Tract No. 26108. Co Co 9-11-61 Page Three RESOLUTION NO. 2182 - Continued LOCATION: North of Merced Avenue, east of Lark Ellen Avenue. • Mayor Heath: 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. 2182. SCHEDULED MATTERS HEARINGS ZONE VARIANCE NO. 347 LOCATION: 222 No. Azusa Avenue, (Vernon Eichstaedt) between Garvey Avenue (Freeway APPROVED AS STIPULATED Service Road) and Workman Avenue. Request to permit nonconforming wheel stops, fence, trailer uses in zone R-A denied by the Planning Commission, their Resolution. No. 1066. Appealed by the applicant on duly 12, 1961. Hearing held over from August 14th to August 28th and from August 28th to September llth, at request of the applicant. The resolution of the Planning Commission was read by the City Clerk. Mayor Heath requested that the section regarding wheel stops be re- read and then in reference to the part stating "not less than 2-feet from property liner' he asked if that is inside or outsideooaodoes it say which side of the property line. Mr. Joseph indica.ted,,you can't place improvements on public right-of-way and Mr. . Williams stated it would have to be on private propertyo Mayor° Heath again questioned if the City Attorney were convinced the wording here is clear enough and that they (wheel stops) should be on private prop- erty? Mr. Williams stated yes, because this is found in the part of the code that deals with improvements on property devoted to parking and all of these improvements are on the:propprtyo If it is on the property line and not within 2-feet of the property line he would see no ambiguity. 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. TN FAVOR • Mr. Go McCormack, Attorney The report of the Planning 137J No Citrus Avenue Commission resolution took Covina in several items but as far as what is before this Council there are only three items; this fence located on City property, the wheel stops and the use of trailers on the premises for offices. Co Co 9-11-61 ZONE VARIANCE NO. 347 - Continued Page Four We will start with the fence. In drawing this area on the black- board, Azusa Avenue is something like this and this is Ca Vernon's • location. Now the Operator of Co Vernon constructed a fence over here like this on the highway. On Azusa the R/W is 8-feet but it seems that when you get back into this area in the City it is 10- feet over here. He constructed that fence and I would like to show that fence in a photograph and indicate it as exhibit °A°o Now as far as the fence goes, it only goes in this area here, the side- walk goes 8-feet all around the property. That was a mistake. As seen by the photographs the fence is at the edge of the sidewalk and if the fence is moved back 2-feet there will be a 2-foot strip in there. The same thing happened at the Cook Tractor Company and an agreement was reached with the City in that it be held harmless to any claims. Mr. Eichstaedt will be willing to do that also and I understand that the City approves that type of agreement. The fence can be moved at a later date if the,City feels need of this extra footage at some time in the future but to do so now would serve no practical purpose until the City decides to use that 2- feet and this was agreed to in the matter with Cook Tractor Sales. Next is the wheel stops. I have three photographs which I present and would indicate as exhibit °D°o It is true that the applicant has put a curbing next to the sidewalk. However, in looking at the photographs it is to be noted that Mr. Eichstaedt does not park the cars against the curbing but parks the autos back. There is a def- inite reason for this and one reason he put curbing in is that the curbing is supposed to keep cars, in case brakes are loosened, from . rolling into the street. I was told that was the main reason for the wheel stops. The curbing, it is true, is at edge of the side- walk but he parks the cars back of that because when a customer looks at a car, the customer likes to walk around the auto and when they are up against the wheel stops it is a hinderance and also a hazard in the possibility of the customer tripping over them, which has happened on his property, and which could open him to a lawsuits Exhibit 'El shows stops on another similar type of lot in the City. But when the customer looks at the cat he must also look where the stops are and it is dangerous if the customer is not looking where he is walking as these stops, stick out beyond the wheels of the cars. Several cities have also considered this matter of cars rolling over public R/W but they do not say wheel stops must be back 2-feet but that car must not be parked to extend over the sidewalk. It was indicated this is in violation of the ordinance but I am not sure because they are not used for wheel stops and the ordinance says wheel stops but they are actually only used as a safety factor to keep away.the possibility of cars rolling over the sidewalk. Actually a few weeks ago these cars being placed further back of the wheel stops prevented more extensive damage to the cars when a driver went over the curb in this area and b..it three cars. It would have been more than that`.if:these cars had:.been right up to the wheel stops instead of actually a bit back of them. The applicant thinks that if the ordinance's purpose is to prevent the auto from extending out over the sidewalk that a white line be • painted down here about 3-feet and an auto not parked beyond that white line. It permits the'cus-tomer to go around the car without hindrance of the stop and is a safety factor for the customer and also for the autoo As a practical matter we would feel that it is better to have stops by the sidewalk and then have the cars parked a bit back of those stops so there is no hindrance to customer, or danger, when walking around the automobile. C o C—9-11-61 ZONE VARIANCE NO. 347 - Continued Page Five The last thing is the use of house trailers on the premises for use as offices. It seems there is a complaint here that the use of house trailers is against the use in R-a zoning and that the code is explicit. I have yet to find where the code is explicit. It is true that there may be in an R-A zone the prohibition of parking house trailers but there is a variance here to use this as an automobile sales lot. In the first place it is impractical to build permanent building for use on a used car lot. Azusa Avenue is fast becoming a commercial center in this particular area and this property is rapidly becoming too expensive for a used car lot. The way things are going this may have to go commercial and not be used for a used car lot, although how far this is in the future might be a questiono But to put permanent buildings on this lot is not economical from the used car lot purpose standpoint and not a good investment to put up small permanent buildings for the operation of used cars. In section 9212.1 of the code it says that every use in a C-2 zone shall be subject to the following uses and conditions indicating the business be conducted wholly within a building, except it indicates in Section 9211.1 "'automobile and truck sales"'. This seems to be the complaint of the Planning Commission and the Building Department that there should be permanent buildings here but even the code, so far as car and trucks sales, doesn't make a car lot conduct all its business within buildings. If this is R-A this is one thing, but this property has been given a variance as a use for automobile sales in C-2 zone so conducting business wholly within a building isn't required. The trailers used by the applicant are attractive, I present you photographs of these and designate them as exhibits °B° and oCo, and I do not think they detract or are they unsightlyo He is using a house trailer but they do not look like house trailers from the street. The applicant was previously on property to the north, where Haefner is now, and he used trailers for this purpose for a considerable period of time. I do not think that to require him, on this type of operation, to put in permanent buildi#gs is either within the ordinance nor a good economical oper- ation, The applicant would like to stay here but the property is getting very expensive to keep and he can't stay if he has to make the capital improvements that are indicated to be here. We request that the Council, so far as the fence is concerned, agree to an arrangement as with Cook Tractor. We further ask permission, through` variance, to use the white line and existing curbing along the sidewalk instead of installing additonal wheel stops. We point out the ordinance says not less than 2-feet and from the interpre- tation, whether east and west, it would appear he could put car stops at the back end of the lots. —it is that ambiguous..... and he could put car stops at a rear wheel. We do not think the mere fact the statute says 2-feet should be applied as front wheel car stops on car stops themselves, but draw a white line and indicate the car can't be parked closer than the white line and it is a good practical solu- tion to this problem. So far as the house trailer, it serves a good purpose and we would like to know what sections of the variance are that require the Is operation in a permanent building. If this request is turned down we request a 6 months stay of execution to enable the property to be put up for sale for another use, Mr. Ho Bluthrode I have to pass by this every 1830 Pioneer Drive night coming home from worko West Covina Isn°t it true there is a fence put up here at night or is it at the north end? Co Co 9-11-61 Page Six ZONE VARIANCE NO. 347 - Continued Mr. McCormack: At the north end. • Mr, Bluthrode: Every time I travel by here I have never seen cars or bumpers projec- ting over the sidewalk. Frankly, it sounds very reasonable to me that people walking around a car expecting to buy it would not want to trip over a bumper, On a regular parking lot it would be different but I can see where this suggestion here is practical. • There being no further testimony the hearing was declared closed. Councilman Towner: The first question in my mind is the ordinance relating to prop- erty, whether there is actually an ordinance that says this must have buildings and not trailers? Mr. Joseph: Mayor Heath: The property is zoned R-A, but assuming it had C-2 on it..... Under what is it operating? Mr. Joseph: A variance. Assuming a C-2 on it to permit this type of use, the statement is that business be conducted wholly within a building is correct except those C-1 automobile and truck sales, excluding trailers and otherso Trailers are permitted to be situated only in a C-3 zone. A building definition of "wholly within a building" is a permanently located structure having a roof excluding all forms of vehicles including these mobilized. Councilman Towner: Mr, Joseph: Mayor Heath: There may be other ordinances that confirm this or conditions on the variance or precise plan that confirm it. The precise plan only indicated these spaces being used for offices. Not stipulating building or trailer, City Attorney Williams: I think there is nothing to answer because in precising nothing re- quires there be a building but there seems to be something that requires there not be a trailer, Councilman Barnes: Can you operate a used car lot in a lower zone than C-2? City Attorney Williams: With a variance. Councilman Barnes: He did apply for variance. City Attorney Williams: The variance permitted a new and used car lot but as to the type of structure that can go on it, 6idin- arily it is the same type of structure that can go on it with a var- iance that could go on it if it was in the correct zone. Councilman Towner: Ordinance requires used car in C-3? • • • Co Co 9-11-61 ZONE VARIANCE NO, 347 - Continued Mr. Joseph: Mayor Heath: Mr. Eichstaedt: not connected, and not used in Councilman Snyder: Mr. Eichstaedt: Page Seven C-2 Are there sleeping accomodations in these trailers, kitchens? No, although there are stoves in two of them but they are not used and are covered and taped shut;, the three years they have been here. How far back is canopy along side- walk from the curb? Between 1-1 to 2-feet. Two feet from curb or property line, Councilman Snyder: My feeling is that if you have ever gone down Figueroa, this car lot here is much more attractive. I have seen much worse, even in new car lots. With the canopy being there he is not likely to park a car beyond the canopy as it is there for a purpose and serves to keep the car back. I would tend to believe that if he had the white line he would tend to stick to that line because the canopy would give added incentive to stick to the line. These shops shown on the plan, are they there?' Mr. Eichstaedt: These are but you enter from this side. Councilman Barnes: Is that a permanent structure? Mr. Eichstaedt: No, on wheels. But this is enclosed here so you can't go through from here. Mayor Heath: The wheel stops is the only thing I have any real objections to. I think the wheel stops could be cut shorter, the length of the wheel stops similar to the width of the car. If these wheel stops can be tripped over and are next to side- walk, that is City property and possibly the City could find itself liable for this condition to exist. I feel the wheel stops are essential and should be put back where they should be and the curbing along the sidewalk edge removed. So far as trailers, if there are not sleeping quarters in them, and it would seem there are not, they are better establishments than the shacks that are seen on most used car lots. I think we can reach an equitable agreement on the fencing, Councilman Snyder: If wq:are going to require wheel stops here we are going to require them deeper in the lot, Councilman Towner: Wheel stops are essentially to pre- vent any possibility of cars rolling into a public R/W and would not be required back farther in the lot, just along the border of the loto I, too, am inclined to the correct placing of these wheel stops. There may be some argument to change the ordinance but I do not think this justifies any change here and now and if they are properly spaced they can accomplish the purpose without a hazard to the customer. Co Co 9-11-61 Page Eight Zone Variance No. 347 - Continued Mayor Heath: He formerly was on property just immediately to the north, with the same use, and the wheel stops were 40 placed ',.properly there and I believe they worked out very satis- factorily and are presently working out satisfactorily. Councilman Barnes: I have no objection to the fence and I think that can be worked out satisfactorily. As to the wheel stops, I think short wheel stops could be put in and placed in the proper area with no danger of tripping over theme On the trailers, I feel we were asked for a variance to get a cer- tain use to operate and I think he should comply with whatever is asked for under that variances He asked for a higher use to oper- ate that business and I think it should be complied with. I do not see how we could use a trailer in what is, to me, a C-2 zone because it has this kind of variance. Councilman Snyder: Regarding wheel stops, I think the objection the applicant has regarding customers tripping over them seems valid for cars at the curb. Maybe we do not necessarily need to require wheel stops but a 3 or 4-feet high fence along where the curbing is. Chain link. • Councilman Towner: The ordinance requires wheel stops and unless there is some peculiar condition on his property, he is not entitled to the variance and I think he can solve the question under the ordinance. Councilman Snyder: But there is danger of tripping and someone sueingo Mayor Heath: Is this curbing on City property? Mr. Dosh: I believe it is right on the property line. Councilman Towner: On the fence, I think this could remain subject to holding the City harmless and subject to the City, if it so desires, to be able to have it removed at any time. I do not think this should be under variance but some other type of thing. City Manager Aiassa: Encroachment permit, Councilman Adams: I feel there is a question here of where the wheel stops are located even if they are on the applicant's property in that they are located in a manner that could be a hazard • either to the persons walking on the sidewalk or on the applicant's property, It is specified in the code that these shall be con- structed and placed in such a way and I think he should abide by it. Perhaps we could clarify this or have it put in another way but at the present time it is spelled out very clearly in the code and I think this should be followed through. So far as the trailer, I am not quite sure whether this can be al- lowed on this property under the zoning allowed but I do think it is an asset and probably a permanent building would be less attractive and so long as it is not actually spelled out perhaps it can or cannot be there. • • Co Co 9-11-61 Page Nine ZONE VARIANCE NO. 347 - Continued Councilman Adams - Continued It was the general consensus that the matter of the fence could be worked out similar to the matter taken care of with Cook Tractor. Mayor Heath: The wheel stops are spelled out in the ordinance as to where they can and cannot be. Is there any serious objection to the location of these wheel stops to a loca- tion other -than where the ordinance specified? Should there be a variance to deviate from the ordinance? Councilman Snyder: I think it is too harsh and is not taking in all the probabilities and I would be for working out some other method, Councilman Towner: Maybe we should consider rewriting the ordinance to provide some other safety factors to prevent cars from going into public R/W but I do not feel we should deviate from the ordinance at this time. Councilman Snyder: I think there should be some alter- nate method and that there is cer- tainly more than one to prevent this. Councilman Barnes: We do have.an..ordinance now and it should be complied with. With shorter wheel stops I do not think it would be a hazard so far as people walking a- round the car, Councilman Towner and Adams agreed with Councilman Barnes' state- ment. Mayor Heath: There is the matter of the trailers. There are evidently no sleeping quarters and they are boxed in at the bottom. I do not know if the ordinance is clear on this stipulation or not. Should we permit these with the stipulation of no sleeping quarters? Councilman Towner: Can we do this without changing the ordinance? It seems this doesn't show special circumstances to justify a variance contrary to the ordinance. I agree the trailers are not too bad but I do not think he can set them by ordinance. Apparently the only place to apply as to trailers are in a C-3 zone and the question is whether or not a used car lot can get in trailers which are in C-3 zone. It would seem, however, that as a matter of logic there could be a used car lot in a C-3 zone and everything else that was in that zone could be put in there. City Attorney Williams: The ordinance provides conformance to the precise plan and the pre- cise plan showing buildings per- missible to grant a variance which isn't exactly a new variance but simply establishing the terms indicating trailers could be permitted as offices on the precise plan in the place as shown. 0 0 Co Co 9-11-61 ZONE VARIANCE NO. 347 - continued Councilman Barnes: City Attorney Williams: variance application.in the.. able now than you would have granting the variance in the Page Ten This would be very nice but do you think this would be setting a precedent? It is a subject that could have been covered had it been considered at the time of the first place. You ixre: not any less been able to do it then when first place. Motion by Councilman Towner, seconded by Councilman Adams, and carried, that Zone Variance No. 347 be granted in the following respects. That trailers be permitted in lieu of offices as. -shown on the precise plan provided these trailers are not used as living quarters; that the variance be denied as to the request for wheel stops and that the variance be denied as to the fence but that in lieu thereof the applicant be granted an encroachment permit sub- ject to an agreement holding the City harmless and that it shall remain the right of the City to require removal of the fence at any time it deems necessary. ZONE CHANGE NO. 199 and PRECISE PLAN OF DESIGN No. 290 (Edward Jo La Berge, Jr.) HELD OVER AT REQUEST OF APPLICANT TO NEXT REGULAR MEETING LOCATION-. Northeast corner of Azusa Avenue and Danes Drive. Request for reclassification from Zone R-A to zone R-P and request for the adoption of precise plan of design. Denied by Planning Commission Resolutions No. 1093 and 1094. Appealed by applicant on August 21, 1961. Notice of hearing published in West Covina Tribune August 31, 1961. Mr. La Berge requested this matter be held over to the next regular meeting in that all information had not been compiled by his at- torney and he was not aware of this fact until today. There was ob- jection from those in the audience who desired to testify in opposition in that they felt this matter had been considered in various applications and that all necessary information should have been compiled to present before the Council at this time. However, Mr. LaBerge stated that he was only requesting something that had been granted over various periods of time to other ap- plicants making a similar request and Council was of the opinion that since all evidence would not be able to be presented at this time, if the hearing were held, it would be to the benefit of all concerned to hold this hearing over as requested. Motion by Councilman Adams, seconded by Councilman Snyder, and carried that Zone Change No. 199 and Precise Plan of Design No. 290 be held over to the next regular meeting at the request of the applicant. ZONE CHANGE NO. 200 LOCATION-. Northeast corner of Charles W. & Nenetzen J. Varney Thelborn Street and Azusa Avenue, APPROVED AS STIPULATED between Thelborn Street and Row- land Avenue. Co Co 9-11-61 Page Eleven ZONE CHANGE NO, 200 - Continued Planning Commission Recommends approval of request to reclassify from zone R-A to Zone R-Po Resolution No. 1095. Notice of hearing published in West Covina Tribune August 31, 1961. Mayor Heath opened the public hearing and stated that all those desiring to present testimony should rise and be sworn in by the City Clerk. IN FAVOR Mr. Charles Varney We are owners of this property, 1540 E. Portner This shows potential R-P which West Covina we are asking to be activated, and C-1 next to it. We are planning to build the whole block right straight through as a unit. We have sold a small section at the corner of Thelborn.and Azusa and those parties will speak on their own behalf relative as to that plan, although it is in conformance with our lot where we place all buildings at the back of the property with an alley and the street straight through. We have the precise plan approved and ask this be ac- tivated. These other people have had their medical building ap- proved and R-P property will be on both of them. Mr. Charles E. Carter I am a member of the firm which Covina prepared this application on be- half of the owners and the med- ical doctors. It is potential R-P surrounded by commercial and R-P to the south. We feel this should be permitted in order to provide a cocrdinated development with that portion of land to the north so that portion between Rowland and Thelborn Street may be a continuous type of frontage with a single type of development with the property in front. Mr, Ho Bluthrode I won't say I am particularly 1830 Pioneer Drive opposed to the,plan but I would like to suggest to the Council, although I was not present when the precise plan went through, some type of protection be given to these homes down here, I understand the alley but would suggest some sort of restrictions regarding flood lighting not be directed toward homes, some type of landscaping. I feel it is in the best interests of the City for homes to get every bit of protection and it would be no hard- ship to provide some type of planting to insure against noise of air conditioners or anything else that might generate a nuisance to the people back here. IN REBUTTAL Mrs, Varney: The alley is 20,-feet. • Mr, Carter: There is an existing 5-foot block wall and there will be a 20-foot continuous alley at the rear. There is landscaping provided at the side and the developers cer- tainly will not develop it in any way that would cause a nuisance to the residential tract in the rear. The conditions of the precise plan were read by the City Clerk, Co C. 9-11-61 ZONE CHANGE NO. 200 - Continued Page Twelve Councilman Towner- When considering a potential zone to a firm zone the main . reason or means of activating it is consideration of a precise plan and here, as I see this plan, I have considerable doubt as to whether it accomplishes our usual and customary protection to the homes, particularly as to setback, rear yard and landscaping, or lack of it. Mayor Heath- The main thing here, I feel, is the 20-foot alley at back separated from residences by a 5-foot wall. With the north end developing commercial it will only become a main throughway for trucks adjacent to the 5-foot wall back of residential property. Mr, Joseph- This merely continues the ex- isting precise plan and the southerly area already has been approved by the Cityo As to location of driveways, alley, wall, buildings, they were previously approved by the City and in re- viewing this at the time of the Planning Commission meeting it was felt it may not be appropriate for the short distance of property remaining to impose further conditions. Councilman Snyder- The setback across Thelborn is considerable from Azusa. I do not know if the sewer easement • has anything to do with this or not but they are forced to set back considerably by setback to the south and the sewer which forces them back, Back of the medical buildings there would be practically no activity only employees parking. Mayor Heath- There is a commercial develop- ment at the north and possibly that shows an alleyway at the back but here it is extending the alleyway behind this building and directly behind the homes and would be nothing more than a freeway for trucks. There is no reason why that alley has to be continued from the commercial propertyo You need egress to the back of the building but there is no reason why the driveway has to be continuous. There is enough left at this end to drive back of the building and there should be some obstruction to keep trucks from going all the way down. Mr. Joseph- It was a recommendation of the Fire Department. City Manager Aiassa- You shouldn't close the alley if the Fire Department is concerned about it� for fire protection. Mayor Heath- Why? •, City Manager Aiassa- The Fire Chief feels it should be open and if it is so stated, I feel it is with good reason because fire protection is his specialty. When damage is done or a home is burned, none of these lay people will take the respon- sibility or liability. When staff -recommends, considerable thought is given to the problem by staff members who have con- siderable fire protection knowledge, 0 40 Co Co 9-11-61 ZONE CHANGE NO. 200 - Continued Mayor Heath: City Manager Aiassa: Mayor Heath: Page Thirteen There are two alleys and two driveways and the front one could be left open with plenty of access to fire trucks. You must allow for egress when second parcel is developed. Center one, not come in back, could be lef t.openo I think this should be held over as I feel with the information I have before me I couldn't act on this. Councilman Snyder: Your only objection is that you feel the alley should not be through? Mayor Heath: Yes. Councilman Towner: That is not the only objection in my mind. We have developed standards -of protection to ad- joining homes, including landscaping to shield homes from noise, and visually. We have restriction on lights and setback and height restrictions and other things to maintain the value of the homes. It is possible we have a different situation here but I think we should keep our standards high and try to retain them. Councilman Snyder: Councilman Towner: left open in case this comes out, procedure, left. As a matter of procedure, can we? We can deny zoning because the plan is inadequate. This is the reason for wanting the hearing there will be some way, through Councilman Snyder: I would like you to look at the precise plan again and note that the man is forced to set back this faro He has a one-story building which is not unsightly over a 5-foot wall and the only problem is possibly the truck problem. Councilman Barnes: I think this could be controlled and with the recommendation of the Fire Chief, he could have any fire equipment go through the alley in front and block off the alley to the back. Mayor Heath: I do not think that posting against through truck traffic would do the job. Councilman Barnes: It is a private driveway and we could control it or property owners could control it. Mayor Heath: I do not think we have enough information on this, Councilman Snyder: What further information can you need? Co C. 9-11-61 Page Fourteen ZONE CHANGE NO, 200 - Continued Councilman Towner: There are standards -we have tried to adhere to and I ' think we should hold this over and give the applicant the opportunity to discuss, fur- ther, the precise plan. I do not feel I can approve zoning unless there is an adequate plan. Councilman Snyder: Mr. Joseph: City Attorney Williams: I would like to review pro- cedure necessary for calling up a plan ....othe time limit. It is 20 days and this matter was heard before the Commission, and action taken on it, at their meeting of August 16. You had a meeting on August 28. Councilman Snyder: I do not think it is fair to hold this up just because we failed to call up the precise plan when we should have and the only real contention, in my mind, is the truck traffic down the alley, Councilman Barnes: Mayor Heath: Councilman Barnes: I think that could be worked out. Fire Department says future alley be left open nothing about the back alley therefore the back alley could be closed off. And further it when the next precise plan comes through and stop any truck traffic coming through at that time. Councilman Towner: I think we would be acting con- trary to the best interests of the City if we approved this zoning on the basis of this plan. It doesn't protect the homes, it doesn't conform to landscaping setback and other standards to protect homes. Councilman Snyder: Councilman Towner: Councilman Barnes: You are against zoning with this plan and don't you think some- thing can be resolved in two weeks? I do not think the plan is adequate but I think something might be worked out in two weeks. Protection against what, employees parking or trucks? Councilman Towner: Visual and noise standards of protection. On Ralphs we provided 60-feet with 10-foot landscaping with trees, lights were not to be a nuisance, trucks be away from areas and loading and unloading docks screened. E • Co Co 9-11-61 ZONE CHANGE NO. 200 - Continued Page Fifteen Councilman Snyder: Most of those matters are -taken care of by the nature of the buildings here.- It is one-story, employee and owner parking at back and as to lights certainly there is only night lighting to protect the back of the building after dark. I just do not see the intrusion here. Councilman Towner: The problems aren't tremendous and can be solved in the next two weeks by inserting land- scaping and other methods of protection. Councilman Barnes: I do not feel there is need of landscaping as it is the same height as homes. We are not talking about a large development as Ralphso This is single story such as the residences and I do not see any particular detriment. Councilman Towner: Councilman Snyder: Councilman Towner, Mayor Heath: Councilman Snyder: Councilman Barnes: That is true in part regarding the medical building but it is my contention the precise plan is covering almost two acres from street to street. You have special problems of sewer easement and driveway down the center and setback of building to the south. These aren't prohibitive but just problems, I still feel the main problem is through traffic on rear alley. If this can be solved I am ready to act on it -tonight. I would agree it can be solved by a barricade to the rear. So would I. City Manager Aiassa: I would like one condition on this, then, that the Fire Chief have another final look at this Precise Plan and approve any such changes. It may appear to be all right just so long as we are protected for proper fire fighting, Councilman Towner: Councilman Barnes: Councilman Snyder: There should be landscaping along back wall in accordance with the usual custom going with a one- story building there. I see no need for it. I see no room for it. A motion of Councilman Snyder to approve this zone change was withdrawn, • Co Co 9-11-61 Page Sixteen ZONE CHANGE NO. 200 - Continued Councilman Towner: Can we put conditions on a change of zone? City Attorney Williams: As you know, a.zone change in- dicates an ordinance. If you act tonight the ordinance would be brought in for introduction at the next meeting and not passed until the meeting after that. The Planning Commission will meet within that time. If you simply order the ordinance drawn and indicate you favor the zone change provided such and such ad- justments are made in the plan I think these could be made, then if the Planning Commission is willing to amend their resolution, and you have the applicants consent it would be all right. But this couldn't be done without the applicant's consent to the amendment. 'It couldn't be done without the applicant's consent because it has become final. Mayor Heath: Would the applicant be willing to close the alley for throughway? Mrs. Varney: We wanted to close it in the first place but the City Commission in- dicated that we run it all the way through on the other plan. Motion by Councilman Snyder, seconded by Councilman Barnes that Zone Change No. 200 be approved if the Precise Plan is amended to eliminate the through traffic on the alley in the rear and that the City Attorney be instructed to prepare an ordinance re- zoning as requested. Councilman Towner: Councilman Snyder: I am wondering why:the departure from standards? We'are not departing but I can't see what good landscaping will do on the street to the east be- hind a 5-foot wall and it isn't a commercial use. Councilman Towner: Visualize living there. You have a visual matter and sound matter and protection from these adds to the way of life that we have relative to this type of development. Councilman Snyder: We are requiring landscaping in front and on the south but I do not know where else we have re- quired landscaping in an alley on such a use. Mayor Heath: Councilman Towner: Landscaping on this side of wall would beautify the doctors office rather than doing anything for the residential on the other side. I am pretty firm in my convictions but evidently I stand alone. 0 4 Co Ca 9-11-61 ZONE CHANGE NO, 200 - Continued Page Seventeen Councilman Barnes: If this were two-story or above height of homes I could see the possibility of screening but if you did this here you might as well ask property owners to screen their property from this. Mr. F. Fleischeker 437 La Breda West Covina The 5-foot wall is all right but our level is 2-feet higher than the level on the other side. You want to close the alleyway to the rear but I would like to state that.already we have the problem, from' the real estate uses, of cars from this use cutting up Thelborn then over LaBreda so that if you close off this alley to trucks they, too, may or may not start to use La Breda to get through. I think we can do with- out trucks and if you close this I think you will force them to go through our street, Councilman Snyder: Mayor Heath: The purpose of an alley isn't a public thoroughfare anyway and if it is to avoid going on a street it is not used for purpose it is created. To leave this open would certainly be adverse to anything we have ever done in similar situations. Mr. F. Fleischeker: Except I would like to have you see what is happening on our street with the real estate people now. We have 14 homes and 15 children on the street and they are using this residential street to go back and forth, Mayor Heath: alley in the back left open, we would certainly consider said it would be adverse to If you could get every resident in that area to sign a petition to the affect that you want this as you have indicated with reasons, leaving it open although as I have anything we have usually done. There being no further testimony, the hearing was declared closed, The Mayor asked the question on the vote to approve Zone Change No. 200, as indicated, with Councilmen Adams, Barnes, Snyder and Mayor Heath voting 'Aye' and Councilman Towner voting 'Noe. ZONE CHANGE NO. 198 and PRECISE PLAN OF DESIGN No. 286 (Gerald M. Weitzman) HELD OVER TO NEXT REGULAR MEETING FOR BLOCK STUDY LOCATION: 130-138 South Barranca between Garvey and Virginia Avenues, REQUEST: Reclassification.from zone R-A to zone R-3 and request for adoption of Precise Plan of Design denied by Planning Com- mission Resolution No., 1091 and 1092 Appealed by the applicant on August 25, 1961. Notice of hearing published in West Covina Tribune August 31, 1961. The resolutions of the Planning Commission were read by the:City Clerk. 9 • Co Co 9-11-61 Page Eighteen ZONE CHANGE NO. 198 AND PRECISE PLAN OF DESIGN No. 289 - continued 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. IN FAVOR Mr. G. M. Weitzman 1611 Rolling Hill Drive Monterey Park voting against the proposed uses The comments were -by just -two members of the Planning Com mission, the Chairman'beirig absent and the other member of the Com- mission, with great hesitation, of the property rather than for it. I would like to go on and tell you what we propose for this piece of property and what we are proposing, which isn't a typical R-3 but and R-3b of very low density. :This is a new concept of mul- tiple type use and will rent at $185.00 to $250.00 a month. To the best of my knowledge there is nothing in this whole general area or in the City that has this high type of luxury rental unit. There will be two bedrooms, two baths and two offstreet parking to each and every apartment. These will be in 8 individual units, or building, each having a separated patio fenced in. There is house parking area, and guest parking area in front with landscaped area with 45-foot setback. It has a recreation area of over 7000-feet And is self-contained for the development itselfo The whole prop- erty of 21 acres is all self-contained. Over here there is a water reservoir and pumping station directly to the south of this property. Immediately across the street is a use for similar development a little under 10 acres. We were asked why we couldn't develop this 10 acres this way instead of the 2 we asked for here° This is approximately a cost of a half million while the same type across the street would be two million. Also this other property is bare, smooth, not a tree on it whereas this property is quite heavily wooded and is attractive to this type of development. Immediately to the north is C-1 zoning, There is a Wash but I do not feel that it is a natural barrier to eye level or anything else. There is Eastland and a service station and this would act as a good buffer zone to residential area. To the best of my knowledge people within 300-feet of this are all for it but any that are beyond it are against it. They generally aren't against the development but against the breaking down of the natural barrier of the Wash. This property is a hardship case with R-3 across the street,C-1 to the north, a pumping station and water reservoir to the south. Virginia Avenue comes off here and comes back through here. A °C8 zoning was asked for on a portion of this property at an earlier hearing. We are not asking for C or R-3 but an R-3b of which we are less than half of those requirements which allow 25 families per acre and we are projecting only eleven families per acre, We are only single story so that would lessen your requirements. We are also way over on the parking and this is very heavily land- scaped. Co Co 9-11-61 Page Nineteen ZONE CHANGE NO, 198 AND PRECISE PLAN OF DESIGN NO. 289 - continued Mr. Weitzman - continued The problems intrinsic with this property.is the reservoir° Ir is said it can be"turned into R-1 but I question how to"finance sub- divide and -equalize this piece of property. Many parcels are un- developed along Virginia Avenue for single family for a number of Years and there are many in the upper highlands for acreage and subdivision lots for good single family dwellings. This property is on Barranca and should be considered with freeway, R-3 and C zone and not what is behind it here. If this had R-3b, it''would be a good transitional area acting as a buffer and enhance the area -and be compatible with it. It is not spot or jump zoning and it would not change any zone beyond that to a higher useageo. This will not tax your schools further as we will take in no,children nor will it tax your streets because we have easy egress and the property itself is a self-contained property. Mr. R. Alsop I am the only one who lives here- 130 Barranca Street right now, and I have done so for 9 years. I have seen a lot of changes and this used to be rural country neighborhood and now it is different and the May Company is what changed it. There has recently opened up a tavern, as shown in the pictures, and if you can tell me you are going to see R-1 built here along this Wash with a beer tavern in such proximity, I • think there is nobody who would buy that. There is also a swimming school near here and the instructors are out there all day, with the kids, blowing police whistles so much and so loudly that it even scares the horses. 0 The people who will object actually are not really concerned because they are much further on down Virginia Avenue and even if they are worried about continuation on this, it would merely still be the back portion and not front Virginia Avenue because there is already homes along there and we are just really talking about this little islando I note the Commission was reluctant because this wasn't developed over here and one of the Commissione3s brought up the fact that they should hold the line at the Wash and Barranca Street but when Barranca was brought into this I do not know because formerly it was only the Washo When they build here, now or later, it isn't going to be for R-la IN OPPOSITION Mr. Braden 3102 Virginia Avenue of use that went into this area, problem of what we are going to is a real one. We want to oppose this for the same reasons we have previously stated and for the reasons that we opposed this other similar type This is spot zoning, and the do with the rest of the property The proponents couldn't understand why this is called spot zoning but people that own this other area desire to put the zoning to what is asked for this property here so this can't help but lead to a change in the rest. Co Co 9-11-61 Page Twenty ZONE CHANGE NO. 198 AND PRECISE PLAN OF DESIGN NO, 289 - Continued Mr. Braden - continued The fear of the other property owners, and myself, is that prop- erty will be devaluated by such zoning changes and'we feel it is unfair to'people who have purchased individual homes in there to have the zoning changed and apartments come in, It is true that this property is at the rear of home owners -along here but we'' feel -this, property, if it goes in this direction, can only have' an adverse affect upon the value of these :other home- properties. Where do we stop the spot zoning that would go through with this sort of thing? We understand there is a general plan being considered for the City and I would question this spot zoning would fit into it. The larger piece of property for multiple use was forced zoning and there hasn't been anything done with it yet although it occurred several years ago, I am spokesman for the West Covina Highland Assn. and ask this be denied on basis of spot zoning and detrimental effect for those owning property along Virginia Avenue and in that area. Mr. W. So Berger My main objection is that I 3153 Virginia Avenue feel that by granting this zoning, it is bound to be attempted to have the same • zoning in the surrounding area and just go up about two blocks north on Barranca and you can see what happened to the residential there. I agree with Mr. Braden that the economics of the thing really hurts and we have large lots, with plenty of room for our children. We know something has to be done with this property behind us but feel this type of zoning here will lead to more of it. IN REBUTTAL Mr. Weitzman- I would lake a definition of how you determine this is spot zoning when there is a definite transi- tional zoning here. We have C-1, then immediately south is R-3b, low density, and how this is spot zoning I do not know. There are continual objections relative to property to the rear but why jump up with any zoning here. If the property owners wouldn't like to look at the beer hall how would they like to live here in a house? What are you going to do with it? There has to be something, some final solution as to what is to be done. Is this good useage or isn't it? People wouldn't buy a house here with beer, horses, reservoir, freeway and what have you but I think they might take an apartment because they take up and move if they do not like it. It would certainly enhance the area and clean it up. It's always a case apparently of "I do not want to live here • but let somebody else develop this in homes." You can get substandard development, nothing -down homes and you start with nothing and end with nothing but let us put houses in here anyway, it is said, while we desire to put in very highgrade apartment development. So far as this other property, we have made no negotiations, there is no collusion -or no idea of buying outside of this property. This isn't land speculation we are waiting to go ahead and have submitted letters as to our integrity and intend to build in accordance with this plan. Co Co 9-11-61 Page Twenty -One ZONE CHANGE NO, 198 AND PRECISE PLAN OF DESIGN NO, 289 - Continued There being no further testimony, the hearing was declared closed. Councilman Towner: It seems to me that;the primary fear of the people that live in this area is not so much aimed at this particular site as it is at the possibility of the ex- tension of other than R-1 in areas down Virginia Avenue beyond this. I am inclined to look favorably on this application of R=3b low density, single story, landscaped type of development and it seems to be suitably located here and it appears that ifi previously indicated action we have drawn -the line on'extending" it down away by the denial of a similar zone request on adjacent property. The R-3 zoning across the way, the C-1, access to free- way, the Wash and possibility of a very high type of development, rather than something lesser in R-1, appeals to me. This use would tend to maintain the character of the area rather than degrade it. Councilman Barnes: I lake the looks of this type of development but I do not believe it is a good development as presented here for one reason; you have a 122-foot strip 660-feet long laying adjacent to the Wash that would be very difficult and also create a very difficult problem to develop if it weren't in- cluded in this or developed into R-1 of the total area. I think their plan is excellent but I would not be for this particular plan on this property because of that narrow strip running that length that is not a part of this development. • Councilman Snyder: I think that everything that Councilman Towner has stated is fine except that before I made up my mind I would like to see a block study of this property and vacant property to the east, see if there is possibility of access, and maybe the only way we can get access is from the west. I, too, am also unhappy about the narrow strip running along the north side. A block study might alleviate some fears on property to the east. I do not feel that this property, if there is pos- sibility of access to the east, wouldn't lead to development of this type to the east and might be a good.buffer, Councilman Adams: We have a problem here which developed before nowo It seems these people are offering some- thing good for the immediate neighborhood and an asset to the City as a whole. I have heard this talk of the Wash being the line between one type of development and another but I do not go along with it 100 percento I would like this particular type of development to go into this particular area, I think it would be suitable and an asset, Mayor Heath: It is a beautiful development in a rather poor place. I question why R-3 across the street hasn't developed and the only reason it was zoned at that time is that it had a potential on it and because of that we indicated it would be,R-3 and rather reluctantly on the part of the Council it was so zoned. Co Co 9-11-61 Page Twenty -Two ZONE CHANGE NO, 198 AND PRECISE PLAN OF DESIGN NO, 289 - Continued Mayor Heath - Continued As If owned dot not can stop to p P Y ` you -could deny R-3 to me if you give R-3 to this parcel? It isa beautiful development but across the street, when that plan came in, it was even prettier but it never developed and it would lead'me to be- lieve there is no need for R-3 here or it would have developed. We need this type of development in the City, because it is'def- initely beautiful, but what. -you see on the board may not develop that way. It is a precise plan and it can be richly or poorly developed. I am not judging the integrity of these people but - the property across the street was zoned and sold as a promotional deal, and I am not saying these people will do that either, but there is a possibility there will be. If I lived in a home in that area, or invested in one and looked across at a beer parlor, I would be more reluctant to give up that home than if I lived in an apartment for $200.00 and could move out and live in an apartment at $125.00 and in better environment. I feel if you jump the street there, and I am not saying limiting it to Barranca there should be apartments and not necessarily make a barrier at that point, but if you go across the street from this present zone R-3 you are going to have to go right up the Wash. Councilman Snyder: I think that if you could control development of land to the east this development wouldn't have to have any effect to the east. If you could show something on the block study that this could be done then this possibly would be a good development but I feel I can't make a decision until there is such a study or have the general plan, Mayor Heath: It was stated this is a problem shaped piece of property. The piece to the east is of the same character, same terrain, same contour and one of the stipulations of a variance is to enable a problem shaped piece of property to enjoy the right of adjacent pieces of property. If this is granted property to the east would have legitimate claim for variance. Councilman Barnes: All the more reason for a block study. Councilman Towner: You have heard my comments but having heard the comments of the rest of Council I think there might be some problems on the north property that might be part of the single precise plan to maintain the character established on it and I think there are good points as to the block study on the area to the east. We should be able to show that it is not • extendable to the east if that is the best zoning or planning to the area. I would be willing to hold for a block study. City Manager Aiassa: It is before Council and Council should look at it and if the block study brings forth certain condi- tions that they think are valid and logical they can refer it back to the Planning Commission for re -analysis of the case as a whole. If the block study doesn't give something substantial you can rule on the case submitted, 0 C. Co 9-11-61 Page Twenty -Three ZONE CHANGE NO. 198 and PRECISE PLAN OF DESIGN NO. 289 - Continued Councilman Snyder: This area was left out'before the' - City was planned and before putting it in; we should see how it might be developed and I think we need a block study. Mayor Heath: We are acting on denial of -our -'ad- visory group and if we have'the - study it should go to them before it comes to us so they can have the benefit of it. Councilman Snyder: It could be sent to them after it comes before use City Attorney Williams: This would not have to come before the Commission, Councilman Snyder: This doesn't harm the people directly south on Virginia but it does possibly develop more problems in property to the east and I feel we must, solve them and also property to the north, Mayor Heath: We have, in our estimation, foolishly lined the freeway with R-3 and if there is any vacancy factor it is on a truck route where they go bounding by every three minutes and I do not think this use would be good here, Councilman Snyder: Councilman Towner: Mayor Heath: Councilman Snyder: Would you live in A home here? On that basis, then, there should be more manufacturing and/or com- mercial along the Freeway. In a home people would be more hesitant to move than from an apartment. This block study might constitute some new evidence and would the interested parties be permitted to speak? City Attorney Williams No, it simply is a study conducted by yourselves and is not directly constituting evidence relating to the case. You would not have to re -open the hearing or refer it to the Commission, unless you desired to do so. Motion by Councilman Towner, seconded by Councilman Barnes and carried that Zone Change No. 198 and Precise Plan of Design No. 289 be held over to the next regular meeting of the City Council for a block study to be presented on the surrounding area and study as to the potential use of parcel 2 within the precise plan. This was also held over with the consent of applicant in that during the discussion Councilman Snyder had asked the applicant if he would be willing to have this matter held over pending the study and it was indicated that the applicant had no objection. • 9 Co C. 9-11-61 SOUTHERLY ANNEXATION' No. 169 HEARING CONTINUED TO NEXT REGULAR MEETING Page Twenty -Four Hearing of protests set for this date by Resolution Noo 2170 by the City Council on August 14, 1961. Notice of this hearing published in the West Covina Tribune on August 24 and 31, 1961. City Clerk Flotten. Let the record show that -there are 39 parcels of land -in the proposed annexation. The total assessed valuation of the land is $36,380.00 and this is the only thing to be considered in inhabited annexations. There were no written or oral protests received, Mayor Heath opened the public hearing. There was no testimony presented. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that Southerly Annexation No. 169 be continued to the next regular meeting of the City Council so that an additional 10 days be permitted for any protests or objections on this matter. PLANNING COMMISSION METES AND BOUNDS SUBDIVISION LOCATION. East side of Azusa NO. 135-183 Avenue, between Badillo Street (Arthur Jo Stinton) and Puente Avenue. APPROVED 1.65 Acres - 2 Lots - Area District II Approved by Planning Commission on September 6, 1961. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that Metes and Bounds Subdivision No. 135-183 be approved, subject to the recommendations of the Planning Commission. REVIEW OF ACTION OF PLANNING COMMISSION Meeting of September 6, 1961. There were no matters called before Council other than as designated. (It was indicated by Councilman Towner that if there is any zoning action in which the precise plan is connected, to make sure that Council is cognizant of it in case they desire to call it up, especially if the meeting is getting on into the very late hours of the evening or wee hours of the morning. This is not an indi- cation of automatic call up but just to make sure Council hears) RESOLUTION NO. 2187 ADOPTED The City Clerk presented; "A RESOLUTION OF THE CITY COUNCIL APPROVING A FINAL SUBDIVISION MAP OF TRACT NO. 26108 ACCEPTING THE DEDICATIONS -THEREIN OFFERED AC- CEPTING AN AGREEMENT BY THE SUB- DIVIDER AND A SURETY BOND TO SECURE THE SAME" (Frank Horny) LOCATION. North side of Merced Avenue, east of Lark,Ellen Avenue. Ca C. 9-11-61 RESOLUTION NO. 2187 - Continued Page Twenty -Five Approves final map of Tract No, 26108 and accepts Union'Pacific Insurance Coo'Bond No. B-95798-iri the amount of $23,OOO.00 for street and sanitary sewer improvements, Mayor Heath: Hearing no objections, we'will waive further -reading of the body of the resolution. Motion by Councilman Adams, 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. 2187. APPROVE PLANS AND SPECIFICATIONS LOCATION: C-96 ----- West side of PROJECTS C-96 and C-154 Sunset Avenue, south of Rowland APPROVED Avenue C-154 ----- Southwest corner of Lark Ellen and Merced Avenues, and northeast corner of Lark Ellen and Vine Avenues. Approve Plans and specifications and authorize City Engineer to call for bids. Motion by Councilman Towner, seconded by Councilman Adams, and carried that Plans and Specifications on Project C-96 and C-154 be approved and the City Engineer authorized to call for bids. REQUEST OF LES USHER Widening of Merced Avenue 1162 Sunkist Avenue Referred to Public Works Dept. for report. 1) Mr. Usher proposed that he will dedicate the 10-foot widening on Merced if the City reconstructs the frontage to include curb and gutter and paving on Merced. Inasmuch as this in- volves costly reconstruction at the cross gutter, which must be done, the total project is approximately $2400.00. 2) If the City were to request a deposit from Mr. Usher of $2.00 - per front foot which is a policy the City Council has adhered to in the past, it would cost Mr. Usher approximately $340.00 and the City $2060. This would solve maintenance problem once and for all, • 3) If neither of the above procedures is followed, the City is still obligated to correct the drainage problem in the area. The estimated cost for correcting the problem, which would involve reconstruction of a portion of the cross gutter at the intersection, grading, a certain amount of driveway, etc., it would cost City approximately $600.00. This would still result in a maintenance problem for the City, even though we would have corrected drainage problem as it now exists. Ca Co 9-11-61 LES USHER REPORT - Continued Page Twenty -Six Adjacent property owner to the east has sought relief for some time and we firmly believe that it is essential that this problem be taken care of immediately, either on a permanent basis, or as mentioned in alternate Noo 3, RECOMMENDATION: Construct permanent improvements at this time, providing Mr. Usher dedicates the necessary right- of-way and participates to the extent of $2.00 per front foot. If Mr. Usher is unwilling to participate to the extent of paying for the curb and gutter improvements, it is our recommendation to re- construct that portion of the cross gutter necessary and do nec- essary grading work to relieve the drainage problem at this location. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the project be approved as recommended by the Staff, subject to Mr. Usher paying $2.00 per front foot and dedicates necessary right-of-way, and if Mr. Usher is unwilling to do this the Staff is then authorized to spend monies to the extent of $600.00 for the correction of the drainage problem as indicated in the report. ZONE VARIANCE NO. 199 ACCEPT SANITARY SEWER FACILITIES (Pioneer School) APPROVED Inspector°s final report on file. LOCATION: Rowland Avenue, west of Azusa Avenue. Release Anchor Casualty Company Bond No. 153204 in the amount of $1,939.45. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that sanitary sewer facilities in variance No. 199 be approved and authorization given for the release of Anchor Casualty Company Bond No, 153204 in the amount of $1,939.45. RELEASE OF $1,000.00 Principal: Maier Plumbing and STREET EXCAVATION BOND Hea-bing Company, Inc. Release of New York Underwriters Insurance Company's bond No. 3148614 in the amount of $1,000.00. All obligations guaranteed by this, bond have been satisfactorily fulfilled. Motion by Councilman Towner, seconded by Councilman Adams, and carried, that New York Underwriters Insurance Company's Street Excavation Bond No. 3148614 in the amount of $1,000.00 be released to the Principal, Maier Plumbing and Heating Company, Inc. RESOLUTION RE COUNTY AID LOCATION: Cameron Avenue from PROJECT C-145 Orange Avenue to Sunset Avenue. Requesting use of HTC County Aid to City Funds for street and bridge improvements, matching funds for Project C-145 - $33,000.00 It was consensus this be held over to next regular meeting, Co Co 9-11-61 RECREATION & PARKS Page Twenty -Seven Mayor Heath indicated that the Parks and Recreation Commission has given some indication that their items be acted upon in their . proper place on the Agenda and not later on the City Manager's report. However, the City Manager indicated they are always acted upon in proper order on the Agenda unless otherwise stamped in that the item has been referred for some further reason to the City Manager for his report on a particular matter or that it is an item which also must come within the scope of the City Manager and his references to it. REQUEST FOR SIGNS 1203 W. Puente Avenue BY ST. TIMOTHY'S LUTHERAN CHURCH For two signs to be placed on public right of way to indicate present location, at intersection of Vincent and Puente Avenues and other at corner of Puente and Sunset Avenues. The size is 23 X 33 white on black mounted on 8-foot steel posts set in concrete. Reason is that it is difficult for newcomers to find this church because of its location and it is felt it is important to put up these signs for the good of the community, City Manager Aiassa indicated the only question was that if a sign is in public R/W the City is liable for any phase of it and there should be some relief to the City in proper coverage and that the City is set harmless and there also be maintenance con- ditionso Motion by Councilman Towner, seconded by Councilman Adams, and carried, that the signs requested by St. Timothy's Church be conditionally approved, subject to the approval of the staff on the problems of location, size, maintenance and liability. CITY MANAGER'S REPORTS TRACT NO. 13867 - Lot NO. 32 This property is going into receivership and there is a bond that we now have for certain improvements amounting to-$800000o Bond should be for- feited to the City. Motion by Councilman.Barnes, seconded by Councilman Towner, and carried, that it is the finding of the,'City Council that the time for the improvements has expired;that.the work has not been done and the money in the amount of $800.00 is to be forfeited to the City to be used for the installation of the required improvements that should have been put in. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that informal bids be received for execution of contract 40 by purchase order. • r. Co Co 9-11-61 VALINDA AND CAMERON AVENUES ALIGNMENT REPORT as made by the consulting traffic State for approval as to gas tax Page Twenty -Eight Motion by Councilman Towner, seconded by Councilman Adams that the recommended No. 1 alignment as per the report engineer be submitted to the projects Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder Noes: None Absent: None Abstaining: Mayor Heath. INTRODUCTION OF The City Manager presented: ORDINANCE "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEN- DING THE WEST COVINA MUNICIPAL CODE REGARDING CIVIL DEFENSE SHELTERS," Motion by Councilman Barnes, seconded by Councilman Adams that further reading of the body of the ordinance be waived. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the ordinance be introduced and given its first reading. NORTH SUB -FIRE STATION Motion by Councilman Barnes, seconded by Councilman Adams, and carried, that the City Manager be authorized to attempt to negotiate for Parcel 2-A at the corner of Puente and Yaleton Avenues for a new Fire Station. Councilman Snyder voting 'No' in that he did not feel this is good planning and that there is just as desirable a site avail- able that is much cheaper. Councilman Towner stated that he would vote aye, although he did not necessarily favor this site, but would go along with the majority of Council and further felt this matter had been delayed far too long and the best opportunities had been lost, REPORT ON STREET SIGNS General study of entire City indicating 695 signs, and in- dicating breakdown of these signs, what they are, such as substandard, reflector type, etc. City considering going into permanent type of sign and bringing the entire City to new standard sign, RESOLUTION NO. 2191 ADOPTED - CONTIGUOUS TO THE PRESENT CITY (Annexation District No, 170). The City Attorney presented at 11:55 PoM. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GIVING NOTICE OF THE PROPOSED ANNEXATION OF CERTAIN TERRITORY ADJACENT AND LIMITS OF THE CITY OF WEST COVINA." Co Co 9-11-61 RESOLUTION NO, 2191 - Continued Sets date of hearing for October 23, 1961. Mayor Heath: Page Twenty -Nine 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, Mayor Heath. Noes: None Absent: None Said resolution was given No. 2191. Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that the City Attorney be authorized to represent the City and the City Clerk in the case just filed by Forest Lawn Companyo Motion by Councilman Snyder, seconded by Councilman Towner, and carried that the City Attorney be authorized to represent the _ City to file a petition for Writ of Mandate contesting the va- lidity of the Walnut annexation which includes a portion of the Forest Lawn Property. • P.U.C. Motion by Councilman Barnes, vs seconded by Councilman Adams, SUBURBAN WATER COMPANY that the City Manager, City Attorney and Mr. Montgomery be authorized to proceed with the case of the P.U.C. vs. the Suburban Water Company water rate increase. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None ADDED FEE TO Motion by Councilman Snyder, MR. EISNER seconded by Councilman Barnes that the added fee of $213.00 as per original agreement, for additional work done on the base map be paid to Mr, Eisner. Motion passed on roll call as follows: Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes:: None Absent: None CITY ATTORNEY RESOLUTION NO. 2188 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AP- PROVING PRECISE PLAN'NO, 266 (Rev. 2-A) (Ralphs Grocery Co.) Co Ca 9-11-61 RESOLUTION NO, 2188 - Continued Page Thirty 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. 2188. INTRODUCTION OF The City Attorney presented: ORDINANCE "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES." (Britt - Zone Change No. 193) Motion by Councilman Barnes, seconded by Councilman Adams, and carried, that further reading of the body of the ordinance be waived. Motion by Councilman Barnes, seconded.by Councilman Towner, and carried, that the ordinance be introduced and given its first • reading.: ORDINANCE NO, 718 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." (Reeves) Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that further reading of the body of the ordinance be waived. Motion by Councilman Snyder, seconded by Councilman Adams 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. 718, ORDINANCE NO. 719 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE RECREATION AND PARK COMMISSION," Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that further reading of the body of the ordinance be waived, • r: Co Ca 9-11-61 ORDINANCE NO, 719-Continued Page Thirty -One Motion by Councilman Towner, seconded by Councilman Adams, that said ordinance be adopted, Motion passed on roll call as follows: Ayes:, Councilmen Adams, Towner, Snyder, Mayor Heath Noes: Councilman Barnes Absent: None Said ordinance was given No. 719, RESOLUTION NO. 2189 ADOPTED Mayor Heath: m The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AP- PROVING PRECISE PLAN OF DESIGN NO. 2820" (Busching) 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 Noes: Mayor Heath Absent: None Said resolution was given No. 2189. RESOLUTION NO. 2190 ADOPTED Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ESTAB- LISHING THE POLICY OF THE CITY WITH RESPECT TO THE ACCEPTANCE OF CASH BONDS AND OTHER CASH SECURITY AND REPEALING RESOLUTION NO, 14910" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, 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. 2190. PROPOSED ANNEXATIONS No. 30 City of Covina ) No No, 19 City of La Puente) Objections.,.. No. 263 City of E1 Monte ) REQUEST OF Previously referred to Chamber of ORGANIZATION FOR Commerce as it was a request to AID OF HEMOPHILIACS Solicit merchants and this matter was answered by theme Co Co 9-11-61 Page Thirty -Two CARNIVAL REQUEST St. Christopher's Church - October 11, 1961 12 to 8:30 P.M. • Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that the request be approved, subject to approval of the City Staff Committee. • MAYOR'S REPORTS LEAGUE OF CALIFORNIA CITIES MEETING TRIBUTE FROM INTER - COMMUNITY HOSPITAL TO SURROUNDING CITIES USING FACILITIES BOMB SHELTER REQUEST Pasadena, September 21, 1961 Councilman Snyder to attend October .18, 1961 Re: Bomb shelters in each school. Mayor will reply. ATTENDANCE AT DINNER It appeared to be the consensus. HONORING CHAIRMAN DEBS that this should not be attended at expense of the City, although if anyone desired to attend at their personal expense there would be no objection. INCREASE IN MAYOR'S ALLOWANCE FOR EXPENSES INCURRED ON BEHALF OF THE CITY a month beginning September 1, DINNER FOR MR. CAMERON Motion by Councilman Snyder, seconded by Councilman Adams`. that the City Attorney be in- structed to draw up the necessary legal form to increase the expense allowance of the Mayor's to $50.00 1961. Councilman Snyder and Mayor Heath to attend. DEMANDS APPROVED Motion by Councilman Towner, seconded by Councilman Snyder, that Demands in the amount of $111,160.09, as shown on Demand Sheets C-276, C-277, C-278 and B-83 be approved. This total includes fund transfers in the amount of $68,640',87o Motion passed on roll call as follows - Ayes: Councilmen Adams, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Co Co 9-11-61 Page Thirty -Three Request for the City Clerk to draw up a resolution to be presented at next meeting honoring Mr. Debs as Chairman of the Board, • There being no further business, motion by Councilman Snyder, seconded by Councilman Barnes, and carried that the meeting be adjourned at 12:40 A.M. ATTEST: • City Clerk APPROVED Mayor