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07-09-1962 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA July 9, 1962 � The regular meeting of the City Council was called to order by Mayor - Pro Tem Towner at 7:50 P.M, in the West Covina City Hallo The Pledge of Allegiance was led by Councilman Heath, with the invocation being given by Councilman Jett. ROLL CALL Present: Mayor Pro Tem Towner, Councilmen Jett, Heath,Snyder Others Present: Mr. George Aiassa, City Manager Mr, Robert Flotten, City Clerk Mr. Harry Co Williams, City Attorney Mr, Thomas Dosh, Public Services Director Mr. Harold Joseph, Planning Director Absent: Mayor Barnes APPROVAL OF MINUTES May 21, 1962 - Approved as submitted. June 11, 1962- Approved as submitted. • June 14, 1962- Approved as submitted. June 25, 1962 - Approved as submitted. Motion by Councilman Heath, seconded by Councilman Snyder, and carried that the Minutes of May 21, 1962, June 11, 1962, June 14, 1962, and June 25, 1962 be approved as submitted. CITY CLERK S REPORTS METES & BOUNDS SUBDIVISION 135-181 ACCEPT SIDEWALK IMPROVEMENTS Frank De Pietro APPROVED and PRECISE PLAN.NO, 171 ACCEPT SIDEWALK AND DRIVEWAY IMPROVEMENTS • W.A.Couch & Albert Oo Rickabaugh APPROVED LOCATION: Roberto Avenue north of Garvey Avenue, west of Sunset Avenue. Accept sidewalk improvements. Author- ize release of American Insurance Com- pany Bond No. S-4734857 in the amount of $650.00. Inspectors final report filed, LOCATION: Southwest corner of Mocking- bird Lane and South Garvey Avenue Accept sidewalk and driveway improve- ments and authorize release of Ameri- can Casualty Company Bond No. 409684 in the amount of $900.00. Inspectors final report filed, -1- t Co Co = 7-9-62 Page Two M & B Subdivision 135-181/Precise Plan No. 171 - Continued Motion by Councilman Heath, seconded by Councilman Snyder, and"darried; �,. to accept the ,sidewalk improvements in -Metes and Bounds Subdivision'Noe 135-181 and release the American Insurance Company Bond No. S-4734857 in the amount of $650.00; and further to accept sidewalk and driveway improvements in Precise Plan No. 171 and release the American Casualty Company Bond No, 409684 in the amount of $900.00. • • PRECISE PLAN NO. 277 LOCATION: At northeast corner of ACCEPT STREET IMPROVEMENTS Glendora Avenue and Vin- Humble Oil Company cent Avenue. DELETED Accept street improvements and authorize release of Fidelity and Deposit Company of Maryland Bond No. 5572465 in the amount of $10,200.00. Inspectors final report filed. Staff recommends acceptance and release of bond. Cash deposit of $575.00 retained for street lights. City Clerk, Mr. Flotten: We have not yet received the certi- ficate of completion. We have a request on this item to have it deleted. RESOLUTION NO. 2402 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPRO- VING A BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO. 305 IN SAID CITY" Mayor Pro Tem Towner: Hearing no objections, we will. waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent: Mayor Barnes Said resolution was given No, 2402. RESOLUTION - FINAL MAP Metes & Bounds Subdivision Noo 135-191 Ned Gilbert DELETED Mr. Flotten: LOCATION: Ardill.a Avenue and Dutch Street. Approve Final Map of Metes and Bounds Subdivision No. 135-191 and accept Etna Casualty & Surety Company Bond in the amount o`f $650.00 for street improvements. We have a request regarding this matter asking its deletion. -2- Ca C. 7-9-62 Page Three CITY CLERK - Continued RELEASE STREET EXCAVATION BOND PRINCIPAL: Thunderbird Plumbing,Inco APPROVED • Authorize release of the American Surety Company's Bond No. 1.8-610-699 in the amount of $1,OOO.00. All obligations guaranteed by this bond have been satisfactorily fulfilled. RELEASE STREET EXCAVATION BOND PRINCIPAL: John N. Buchanan°s APPROVED Cesspool Service Authorize release of the Fidelity and Casualty Company of New York Bond No. 5-1339051 in the amount of $1,OOO.00. All obligations guaranteed by this bond have been satisfactorily fulfilled. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to release the $1,000 excavation bond in the name of Thunderbird Plumbing Inc.; and further release the $1,000 excavation bond in the name of John No Buchanan's Cesspool Service. JOINT MEETING Mayor Pro Tem Towner: Mr. Joseph: Councilman Snyder: Mr. Joseph: Councilman Heath: Mr. Aiassa: I understand the Planning Commis- sion requested the joint meeting and we haven't yet taken any action on it. We haven't set a date for that meeting. The first Wednesday that is avail- able for the Planning Commission would be July 25. The second meeting would be August 80 How about Tuesday, the 24th of July? The Planning Commission may be willing to meet some other night than Wednesday. We have not polled them on this. I cannot make it on the 17tho We'll check on the 16th and the 24tho SCHEDULED MATTERS HEARINGS DISTRICT AB11-59-3 Hearings of protests or objections • Sanitary Sewer District to the confirmation of assessments to cover the installation of sani- tary sewers in Caroline Street and other streets, rights of ways. Set for hearing this date in the Notice of Filing Assessment and Diagram dated June 20, 1962. Mayor Pro Tem Towner: Mr. City Clerk, do you have the Affidavits of Publication and Posting as required by law? Mr. Flotten: Yes. -3- • • • Co Co 7-9-62 Page Four DISTRICT A'11-59-3 - Continued Motion by Councilman Heath, seconded by Councilman Jett, and carried, to receive and file said affidavits. Mayor Pro Tem Towner: Mr. City Clerk, are there any written protests? Mr. Flotten: I received one protest, a letter dated July 9, 1962 directed to the City Council and signed by Elna F. Stewart and Neal A. Stewart. Mayor Pro Tem Towner: - This is the time and place for the public hearing. Mr. Neal A. Stewart: I wanted to find out what is the direct relationship between the assessment and the construction bid. Is that a pro rata division of the cost in order to reach this assessment? Mr. Thompson: The Council will advertise for bids and take bids and when the bidder bids he bids on unit items. When the work is done, the engineer goes out and measures the exact amount of work put in by the contractor. Those measurements give the total assessment plus incidentals. You are only paying for the actual amount of the lineal foot of sewer. This is the 1911 Act here. Mr. Stewart - Mr. Thompson: Councilman Heath: Mr. Thompson: Mayor Pro Tem Towner: Will my bill actually be $441? Whatever your card shows. I think $12 a foot is the highest I have ever heard. It usually is about $6 a foot, His assessment is six dollars and something. His frontage is 70 feet and his assessment is $441.45. It is a little bit better than $6 a foot. Insofar as your assessment is con- cerned, you understand that it is equitably spread among all the lot owners in your district. Mr. Stewart: I don't question that. Mr. Bennett I am protesting the manner in which 2129 Mardina Street this was assessed. The rates in my particular district ran from $350 to $500. The engineer told me that the base price was figured on the linear feet across the front, but they took into consideration the lot size. I live on a larger lot and consequently my fee is larger. The front footage at my place is 50 feet but it widens out toward the rear. I do not think it should be based on the size of the lot, but rather on the size of the houses Mr. Aiassa: Those are two separate items and should be divorced at this hearing. -4- Co C< 7-9-62 Page Five DISTRICT A'11-59-3 - Continued Mr. Thompson: He has a lot with a very small front O and a very large back. It is-50 feet at the front and '122 -feet at the back. We have 10 or 15 lots in this district that are odd shaped that we have treated the same as we have treated this gentleman -here. If you rectangularize it, it is 87 feet, but we have assessed him 75 feet. We don't consider buildings. We never assess a sewer:assess- ment as to the size of the house or the value of the house or where_ it is located on the lot. We are getting an average of front and back. Mayor Pro Tem Towner: Within this district, were -all of the lots assessed on the same basis on the land within the lot lines? Mr. Thompson: That's right. Mayor Pro Tem Towner: And they were equalized by rectang- ularizing? Mr. Thompson: Yes. Mayor Pro Tem Towner: This is how all our assessments are spread. It is a general feeling that what buildable space you have on a lot is what counts. What we have done consistently in this City is base it on the land itself and we have found it to be very fair. Mr. John Freeman 2132 Idaho Mr. Thompson: Mr. Dosh Mayor Pro Tem Towner: Mr. Dosh: I would like to protest about the bill we got from the contractor on the connecting up from the curb to the house.-. He is collecting this $6 for the City. This is solely a matter between you and the contractor. The City doesn't have anything to do with connecting up from the curb line to the house. This is stated as an assessment fee. This is not per front foot. This refers to the City on Mr. Milosevich's billing. This fee is $6 0 55 0 Is this legitimate? I would have to assume that it is until I check it out. I think this is a permit fee, but I am not sure. • Mayor Pro Tem Towner: This has nothing to do with this particular assessment district and Mr. Freeman, I'm sure that Mr. Dosh can help you with that at a later time, but it doesn't have any- thing to do with this hearing at this time. Mr. Aiassa: We grouped these small districts together for the benefit of getting a better price for the people on a larger sewer district basis. The staff and Mr. Thompson worked together and grouped these together to make this project a big project and the bid came out much more favorably for the property owners. -5- O 9 Co Co 7-9-62 Page Six DISTRICT A'11-59-3 - Continued Motion by Councilman Heath, seconded by Councilman Snyder, and car- ried, that since all protests seem to be satisfactorily explained that the protests be overruled. RESOLUTION NO. 2403 ADOPTED Mayor Pro Tem Towner: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CON- FIRMING THE ASSESSMENT FOR THE IMPROVEMENT OF CAROLINE STREET AND OTHER STREETS AND RIGHTS OF WAY" CAW - S9 - 3) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes. None Absent: Mayor Barnes Said resolution was given No. 2403. Councilman Heath: Mayor Pro Tem Towner: Mr. Bennett: STREET LIGHTING ACT OF 1919 District 1962-1963 Mayor Pro Tem Towner: Mr. Flotten: This man down in front still does not understand and I suggest that he sit down with the staff and have them explain this fully to him. I am sure the staff would do that, I would be happy to listen and learn. Protest hearing to the proposed improvements and assessments for street light service and mainten- ance as provided in City Council Resolution of Intention No. 2386. Mr. City Clerk, do you have the Affidavits of Publication and Posting as required by law? Yes. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to receive and file said affidavits. Mayor Pro Tem Towner: Mr.City Clerk, are there any written protests? Mr. Flotten: There are no protests, either oral or written. Mayor Pro Tem Towner: Is there anyone present who has any verbal protests or objections relative to this street lighting district? we O E I -I LJ C. C. 7-9-62 STREET LIGHTING ACT - Continued There were none. Mayor Pro Tem Towner: RESOLUTION NO. 2404 ADOPTED Mayor Pro Tem Towner: Page Seven I will declare the hearing closed. The City Clerk presented., "A.RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER DATED JUNE 81 1962, PREPARED PURSUANT TO PROVISIONS OF THE STREET LIGHTING ACT OF 1919°2 AND REFERRED TO IN RESOLUTION OF INTENTION NO. 2386 OF THE SAID COUN- CIL, AND THE PLANS AND SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CON- TAINED IN SAID REPORT; ORDERING THE WORK AND LEVYING THE ASSESSMENT FOR SERVICE NECESSARY TO MAINTAIN AND ILLUMINATE BY ELECTRIC ENERGY THE STREET LIGHTS WITHIN SAID CITY FOR THE PERIOD OF MONTHS ENDING JUNE 30, 196311 Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent: Mayor Barnes Said resolution was given No. 2404. PRECISE PLAN OF DESIGN _ LOCATION: Between 330 and 342 No. 110 (Rev. 3) North Azusa Avenue. Edward J. LaBerge, Jr. APPROVED Planning Commission recommends approval of request for adoption of Precise Plano Resolution No. 1219. Appealed by applicant on June 21, 1962. The City Clerk read the Planning Commission Resolution No. 1219. Mayor Pro Tem Towner: This is the time and place for the public hearing. IN FAVOR Mr. Edward Jo LaBerge, Jr. I have been denied the use of 20510 Rancho San Jose Drive these four parking stalls, these Covina four in the corners. I am the last one in here. These have been accrued to other people but they are partially on my property. That cuts me down 900 square feet on my building. I think that they should be accrued to me also. There being no further public testimony, the hearing was closed. -7- 0 L� Co C. 7-9-62 P. P. NO. 110 (Rev. 3) - Continued Page Eight Councilman Heath: I would like to have explained - to me why this man is restricted to nine.'foot parking spaces when on Garvey about two months ago an apartment was permitted to go in at 82 because the property to the north and south already was developed with 8-1-foot parking spaces. Councilman Snyder: All he would gain would be three feet. Mr. Joseph: At the present time, Mr. LaBerge has on his property a total of 10 whole parking spaces. The parking requirements for his development are 18. The Planning Com- mision broke it at 14, which was a compromise. If he has 82-foot par- king spaces, I don't think it would make much difference. However, I think the property to the south has 9-foot stalls, so we don't have any precedent. Councilman Snyder: If we hold Mr. LaBerge to 9 feet, will his parking coincide with the Legion's striping to the south? Mr. Joseph: Yes. We are only dealing with several inches here. I think it will line up satisfactorily. Councilman Jett: On the rear of the store, I think there is one building existing on the property. Now, this shows a setback of some 12 or 10 feet which is going to form a pocket back here in the rear. This is poor planning. The wind whips around here and this is a constant collection of paper and rubbish. If he would come on back, he would lose a parking space, but it would be much better planning. Mayor Pro Tem Towner: Do I understand that as far as the layout on the property is concerned, you are satisfied; it is just the width of the stalls and the amount you were given that you are appealing? Mr. LaBerge, Jr.: Yes. Councilman Heath: If he squaresthe back of the building off, he loses one more parking space and that makes it even worse. Councilman Snyder: Shouldn't he be allowed 827foot and 9-foot parking spaces to come out even with the existing stripes that are there? Mr. Jospeh: It is 9 feet, a little more or a little less. EM Co Co 7-9-62 Po Po NO. 110 (Rev. 3) - Continued Page Nine Motion by Councilman Heath, seconded by Councilman Jett,' -arid carkied, that Precise Plan of Design No. 110, Revision 3, be approved, giving Othe applicant consideration for any of the parking spaces that are'in front of his building and as recommended by the Planning Commission and in addition allow the applicant permission for four additional parking spaces computing the building area in addition to what -the Planning Commission allowed; that there is to be 18 parking spaces in front and 13 in back. ZONE CHANGE NO, 221 Archimede G. Pizzo HELD OVER LOCATION: 149 and 155 North Orange Avenue between Pacific Lane and Garvey Avenue. Request to reclassify from zone R-1 to R-3o Denied by Planning Commission Resolution No, 1218. Applealed by applicant on June 22, 1962. Mr. Flotteno Notices were mailed to 45 property owners in the area and notice of this hearing appeared in the Daily Tribune on June 29 and July 5 in the West Covina Tribune. (Read Plan- ning Commission Resolution No. 1218.) Mayor Pro Tem Towner: This is the time and place for the public hearingo IN FAVOR Mr. Francis Jo Garvey I am the attorney representing 218 East Workman, Covina the applicant. According to the report presented to the Planning Commission, Page 32 of the General Plan, which is recommended to you by the Planning Commission, indicates high density for this entire area. There was presented to the Planning Commission, but too late to be officially considered inasmuch as the hearing had been closed, a letter and a petition and that petition is signed by all the property owners in this area with one exception. It is true that this is an area of well -kept homes; however, in here, with one exception, the people do not object to this change. I think it is inconsistent to make a general plan recommendation for something and present it to you for adoption and then say in a hearing, while that plan is pending before you, that this isn't ready for adoption, because it makes one little suspect as to the tenor of all of the recommenda- tions in the General Plano It ought not to have been made if it is not already ready. It seems to me that the recommendations which have been made by the Planning Commission, the volume of traffic which is near this, the isolation of the entire group of things marked for segre- gation argues that this recommendation in the General. Plan can safely be adopted at this .;time° Any house, no matter how new, may be obsolete if there is a more intense economic use for the land. The area is right for change; somebody is already applying to start the ball rolling; other people are ready and have indicated that they have no objection • to this change be�ng made at the present time. We request that a R-3 zoning be given to this zone, which is potential R-3o Mr. George Leaper This lone objector which adjoins 1019 Gaybar, West Covina this property is operating a small machine shop in this R-1 zone. so Co C. 7-9-62 Page Ten ZONE CHANGE NO. 221 - Continued IN FAVOR - Continued Mr. Archimede Go Pizzo I think R-3 zoning should be 1111 South Glendora Avenue granted. There is C property West Covina right in back of it and'the Motor Vehicles is about a block from there and it is already a heavily travelled street. IN OPPOSITION Mr. John White We don't want to hold up progress 218 Carlton, West Covina and yet we feel that the time has not come to change this to R-3o We have many children. The addi- tion of the Department of Motor Vehicles has increased the traffic. If my neighbor is running a machine shop, this is the first I've heard of it. I don't think that an apartment building at this time would add anything to the neighborhood. Mr. Robert Topper When we came before the Planning 218 North Orange, West Covina Commission before, we stated our fats to them and they denied the application. We know this is a potential R-3 neighborhood. I think the Planning Commission's main objection was the idea of changing the zone on two lots and leaving the rest of them the way they area Mr. Russell Alston: I am supposed to have been opera- ting a machine shop. I have been in that property for 16 years and I have been involved in what might be called a hobby. Today I rented space in Azusa simply to clear the air of any such nonsense. (Presented rent receipt and permit to Council..) The thing I object to is the piecemeal destruction of a neighborhood. When the time comes when it is economically feasible to take this entire triangle and to develop it, fine, I'll go right along. I don't like to see it cut into pieces. I respectfully request the Council to turn down this particular appli- cation, hoping that a larger one, perhaps by Mr. Pizzo, will develop the whole thing at once. Mrs. Sally Thorne My property is directly across 150 North Orange Avenue the street from these two pieces West Covina of property. During the night hours there would be lights shining directly into our bedroom. My children are going to schools here. I don't feel in an area where there are apartments going up with the increased burden on the schools that my children will be getting as good an education as they will be getting under the rate of normal increase of the people who are living here now. I don't feel with the transient type of population that you will get that you will, have people of the value as the people who are . established, who have children, who have been in the area for a number of years. These are just two pieces of property that are up for consi- deration and not the entire triangle. -10- C. C 7-9-62 Page Eleven ZONE CHANGE NO. 221 - Continued REBUTTAL OMr. Francis J. Garvey: I don't think that the question of children is to be seriously considered at this point in view of apartment construction. This question is raised at almost every hearing where there is a different type of change. Children must learn to live in our civilization, An increase of traffic will present a hazard to children but there is no way of showing that an apartment house will generate that much more traffic in view of the fact that we have the two streets here which are heavy traffic carriers. Lights can be controlled and I think in every development that is not single family residences, the Council and the Commission have gone out of their way to see that lighting problems do not interfere with the existing neighbors. I cannot see where a development of an apartment properly controlled would decrease.property values. There being no further public testimony, the hearing was closed, Councilman Heath: Mr. Aiassa, I see here this is R-1, potential R-3o Potential under the previous plan or the new plan? Mr. Aiassa: Under the previous plan, Mr. Joseph: The area which is shown as R-1 potential R-3 is based on the 1954 plan. Under the present General Plan we have no such thing as a potential zone, only a Gen- eral Plan to guide future zone changes. I would like to raise a point that was brought up in testimony before the Planning Commission, The Planning Commission was not inconsistent in its comments regarding the multiple family use as shown in the General Plan as opposed to the application which was denied, The General Plan specifies in the report a 20 to 25-year program that said when the need is shown the General Plan will indicate as a guide how property may be developed in the future where cause so justifies. The Commissiom recognized the fact of the General Plan designation and they took this into account in their recommendation. Councilman Heath: I would propose that we hold this over for two weeks because I would like to take a look at the property and there are a number of questions that I would like to ask and have answers to. Councilman Snyder: I would agree with Mr. Heath. I would like to see it held over but I think the problem we really need to face here is if this is high density and R-3 property and where do we draw the line. • Councilman Jett: I think we haven't actually heard any objections here this evening to granting R-3 in this area. To the contrary, most everyone seems to think this will be apartments, but they just,don't think now is the time to develope them. I don't think time is actually a valid objection because the time to develope a parcel of land or to upgrade a lot, I think, is the time when you have someone who is ready, willing, and able to do it. I don't object to holding it over if you feel that further study is needed. -11- Co Co 7-9-62 Page Twelve ZONE CHANGE NO. 221 - Continued Councilman Snyder: I think one reason I wanted to O hold it over is if this were made R-3, we are going past a policy of putting R-3 across the street from R-lo To put.this here now is doing something we haven't done in the past. I would like to see alternate plans by the Planning Department showing, if this is R-3, what is the best pattern of R-3 to buffer the remaining R-1; where is the transition zone; is it a street, one lot south of the street or one lot north of the street. Mayor Pro Tem Towner: Councilman Snyder: Councilman Heath: want mote testimony. I don't ,hearing at this time. Do you want the hearing left open? I see no reason to hold it open. I think there are too many more questions to be answered. There is the possibility that we may see any reason why we have to close the Councilman Snyder: It seems the best pattern for developing this is from Pacific up. By leap -frogging this up and putting this up in there, you have already decided the area. I don't think this is an important enough corner to be a point in planning that whole area. Councilman Jett: Mr, Williams, were you with the City in 1954 when the zoning map was approved and adopted? Mr. Williams: No. Councilman Jett: Are you familiar with it? Mr. Williams: Yes. Councilman Jett: The areas that are designated by certain symbols within a.circle, in my opinion and interpretation, that is the zoning that is on there subject to firming it up only and you may require approval of a precise plan. Mr. W:il'liams: That was the way it was originally drawn, Mr. Jett, but some years ago I first encountered a very considerable question as to the legality of that, You can't change the zone by the adoption of a precise plan, That provision some three or four years ago was deleted from the Ordinance. I don't think it ever was legal and now the circle, in practical effect, means nothing whatever. The Ordinance originally drawn said this can be converted from R-1 to R-3 by the adoption of a precise plan. That is illegal. • You can only change from R-1 to R-3 by the..adoption of an ordinance, a legislative act changing from one to the other.. Councilman Jett: I would like to request that our staff with the City Attorney give me a complete report on this change of ordinance four years ago. -12- C. Co 7-9-62 Page Thirteen ZONE CHANGE NO. 221 - Continued Motion by Councilman Snyder, seconded by Councilman Heath, and car- ried, that the staff submit a report showing how this triangle or 0 this area could be developed R-3 and showing alternate transition zones from R-3 to R-1 and recommendations as to their feeling of the best transition zone. 0 0 Motion by Councilman Snyder, seconded by Councilman Heath, and car- ried, that Zone Change No. 221 be held over until the next regular meeting of the City Council, July 23, 1962, and that the hearing be held open for new evidence only. Motion by Councilman Jett, seconded by Councilman Snyder, and car- ried, that the staff, with the help of the City Attorney, be instructed to give Councilman Jett a complete report on the action taken to rAin'd the clauses within the map of the Zoning Map of 1954 deleting certain requirements and that this report be given to Councilman Jett within two weeks. Councilman Snyder: I think this particular piece of property points out one of the problems of the General Plan, that these colored areas are not exact boundaries and they are still going to have to be precise plans. I think we are going to make a mistake if we adopt this General Plan if we go out to the edge of one colored area and put in commercial and set the pattern for the whole area without precise planning these locations. They are locations only and not precise areas. PRECISE PLAN OF DESIGN LOCATION: Between California and No. 26 (Revision 2) Sylvan Avenue. Shulman Development Company APPROVED Approved by Planning Commission Resolution No. 1207. Called up by Council on May 28, 1962 for hearing. Hearing conducted on June 25tho Matter referred to committee for recommendation and report at July 9th meeting, Councilman Jett: changes to be made and various ways have come up with something we think Mr. Aiassa, Mr. Joseph, Mr. Shulman and myself had a meeting at which time we discussed various of treating this and as a result we is a good treatment for the area. Mr. Joseph- Mr. Shulman originally came in with a proposal that built right to the property line on Sylvan Avenue. The property line is common with the bowling alley property. I talked with Mr. Shulman's architect and suggested to him what he may propose to the City Council this evening. The plan shows a 5-foot set- back along the street and an existing 6-foot sidewalk. Along the prop- erty line near the bowling alley there is an additonal 5-foot setback. In this setback area we have ground cover and trees. Along the frontage of the property toward the parking area we have trees and planter areas. The trees, as indicated on the plan, are a minimum of 10-feet high and the planting of the ground cover is indicated as a minimum of 3-feet high shrubs. The trees along the parking area will also be substantial as far as height is concerned and will be planted'in tree wells 2-feet by 2-feet. The frontage along the bowling alley line will be done in decorative brick, -13- 1] 0 Co Co 7-9-62 ZONE CHANGE No. 26 - Continued Page Fourteen Mr. Aiassa: Mr. Shulman agreed to tie this in with the landscaping improvement of the existing Plaza and a short storm drain running behind the property. This is just an easement. Mr. Shulman: I agreed to islands similar to what is existing now at Coffee Dan°s corner, concreted in and shrubs or trees in there. Councilman Heath: This would be a tremendous asset. It would.be a pleasure to see it. Councilman Jett: I would like to thank Mr. Shulman. He was vety cooperative. I think we have come up with something that will be beneficial to the City and also to the tenants. Mr. Joseph: There was an added condition which I gave Mr. Flotten this morning which would cover the proposal this evening if the City Council deemed it reasonable. Mr. Flotten: (Read conditions with this addi- tion, Conformance to Study Plan dated 7-1-62; landscaping to be installed and maintained to meet the requirements and specifications of the Planning Department.) Councilman Jett: We decided that a minimum height tree would be 10 feet. The storm drain easement between the Broad- way Parking lot and his property should be in there. Mr. Shulman, on the Sylvan Avenue side, what about carrying that stone a little further down? Mr. Shulman: I'll talk to my architecto Motion by Councilman Jett, seconded by Councilman Heath, and carried, to approve Precise Plan of Design No. 26, Revision 2, subject to the Planning Commission's recommendations and the further conditions as amended by the Council at this meeting. RESOLUTION NO. 2405 .ADOPTED Mayor Pro Tem Towner: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHO- RIZING THE EXECUTION OF A QUIT- CLAIM DEED" (Shulman) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows: -14- • • Co Co 7-9-62 Page Fifteen RESOLUTION NO. 2405 - Continued Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent: Mayor Barnes Said resolution was given No. 2405. PROPOSED AMENDMENT NO.. 56 City Initiated APPROVED A proposal to amend the Municipal Code of the City of West Covina re- lating to the zone classification of self-service Dry Cleaning and other facilities. Approval recom- mended by Planning Commission Reso- lution No. 1223. The City Clerk read Planning Commission Resolution No. 1223. Mayor Pro Tem Towner: This is the time and place for the public hearing. IN FAVOR Mr. James Cairns For many years people have thought 8300 Santa Monica Boulevard that dry cleaning establishments Los Angeles were dangerous and for many years that was true. As of about three years ago, it is no longer true. The dry cleaning agents now in use are non -explosive, non -inflammable so there is no hazard involved in the situation. This has been recog- nized by the State Fire Marshall's Office, by the fire departments of all the principal cities in California, including your own Chief here in West Covina. Thank you very much. There being no further public testimony, the hearing was closed. Councilman Jett: Mayor Pro Tem Towner: Mr. Aiassa: Councilman Heath: I think the Planning Commission has done a nice job coming up with this amendment. My only question was whether this ordinance specifies the type of materials they use in the cleaning process. They will be approved by the State Fite Marshall. I agree with Mr. Cairns. Motion by Councilman Jett, seconded by Councilman.Heath, and carried, to approve Proposed Amendment No. 56, City Initiated, in accordance with the recommendations in Planning Commission Resolution No. 1223. GENERAL MATTERS ORAL COMMUNICATIONS -15- Co Co 7-9-62 Page Sixteen ORAL COMMUNICATIONS HANDLER PROPERTY iMr. Francis Jo Garvey: At the last hearing, Mr. Albert Handler submitted a request with respect to his subdivision at Cam- eron and Azusa, that he be given an extension from August 5 to February 5 in which to complete his plans. I understand there was some misunder- standing as to the intention of that, Mr. Handler is presently ready to go ahead with his subdivision, His engineer is in the process of pre- paring bids and the statements will be ready to let for bid in a very short time. However, it appeared also in some co4versations that I had, that there may have been some misunderstanding of the tenor of the first letter and as to what he had in mind. As -a result of those, he is willing to hold for a short period of time his actual development of the south- west -- the northwest corner of Azusa and Cameron. If he were to hold it for any period.of time, his August 5th expiration date would cut across any future discussions that there might be. If you wish to go further with it, he would like to have this temporary extension. We asked for six months. We are actually ready to go to bid within three or four days and could possibly make this period of time. If, however, we did not get the bids in in time, there would only be a technical ques- tion as to whether you would forfeit his bond and put the improvements in yourselves or whether he would put the improvements in as required by the formal required map. He has clear in his own mind as to what he wants to do and what he is going to do. He would like the extension if the Council wishes to discuss the matter of the park site with him. Mayor Pro Tem Towner: The request for extension of time is still pending before the Council. It might seem appropriate to take it under discussion. If I understand.it, Mr. Handler is still interested in discussing possible use of the northwest property as a park site? Mr. Francis Jo Garvey: If the City is still interested, he is still interested in dis- cussing it. Mayor Pro Tem Towner: He would suggest an extension un- til February 5 while the discussion is taking place? Otherwise, he is ready to go to work on his sub- division? Mr. Francis Jo Garvey: Yes. Mayor Pro Tem Towner: If he goes ahead with this sub- division on the northwest corner, does this require any extension of time? Mr. Francis J. Garvey: No, I don't think so because all he has to do is to submit his bonds and let his proposals for the in- stallation of the interior streets, sewers, other facilities there and have them approved by the City Council and the contract will be ready to goo Mr. Dosh: I think his letter reads they must commence work before August 5tho -16- 0 • C. C. 7-9-62 HANDLER PROPERTY - Continued Mr. Williams: Mr. Aiassa: Councilman Jett: Mr. Aiassa: Page Seventeen It seems' to me desirable that -then: be some extension because my impres- sion is that the bond is a comple- tion bond, not a bond to commence. If we have to forfeit his bond, we will have to do the improvements. Has the City been interested in acquiring this as a park site? It has been under discussion for about seven years. Mayor Pro Tem Towner: The proposed General Plan indicates a community park somewhere in that area so it has been under consider- ation as a park site for some time, I don't know what terms Mr. Handler might have in mind on sale of this property to the City or if we are in any position to move on it at all. If we granted an extension of time here, we could perform a dual purpose of not getting into trouble of having to take over the improvements ourselves of the subdivision and in the meantime we could have a brief discussion to find out what the situation is on the park. Councilman Snyder: Direct the Park and Recreation Com- mission or the staff to see if there is a feasibility of long-term pur- chase, or anything like that. Councilman Heath: As I understood the first letter, the gist of it was that this prop- erty would be sold to the City at an appraised value and Mr. Handler would expect commercial zoning on the southwest corner. If I understood the trend of thought correctly at the Recreation and Parks Commission meeting, they felt they would like to have this as a park site if we could see our way clear to get the money, but not at the condition of commercial. on the southwest corner. For three years I have made my point clearly that I am in favor of developing our -parks completely before we go out and buy any more land. We don't have the money to buy the land and I don't think we need that many more parks until we get ouY present parks fixed up, It would look to me even the consideration of this park would be four or five years away and even at that time I don't feel that .I would agree with the conditions set forth in the letter by Mr. Handler, If I understand Mr. Garvey correctly, the request for an extension of time was purely to negotiate in the case the City was interested in this land as a park .with a certain stipulation to his benefit. If'this be the case', I would, after discussion, be glad to move that Mr. Handler be given a limited extension of a week or two, possibly three, whatever he needs to complete his curb and gutter for his residential develop- ment at his earliest convenience. Mr. Aiassa: He has to complete the physical improvements. Mr. Francis Jo Garvey: We thought the August 5th date was for beginning, not completing. Councilman Heath: Would you hazard a guess on how much time he would want? -17- • • • Co C. 7®9-62 HANDLER PROPERTY - Continued Mr. Francis J. Garvey: I have no idea. Page Eighteen Councilman Jett: From past experience, I would say that his request for the six months would not be out of line because by the time he gets his bids out and gets them back and they get on the job, then we are talking about six months completion date anyway and I believe the six-month extension would be in order, Mayor Pro Tem Towner: It seems to me that we ought to be reasonable about it. It seems we consistently suggested that this be a park site and we shouldn't just arbitrarily deny any opportunity to discuss it and I think we might find out what is available to us from Mr. Handler in this request. I think we should give ourselves this opportunity and not so strap Mr. Handler that he can't even make an offer or suggestion to use Councilman Heath: Councilman Snyder: I believe the letter stipulates very clearly that he.,would for certain consideration sell this land to the City at an appraised value. I see no point in forcing the issue right now. What is the harm in letting him wait six months? Mayor Pro Tem Towner: It seems we are going to have to extend it about six months in order for him to complete the work and not have to take it over ourselves and we could couple that motion with a motion to immediately enter into some discussion with Mr. Handler so as to see what his proposals might be on acquiring the property as a park site. Councilman Snyder: I would gave him nine months, Motion by Councilman Snyder, seconded by Councilman Jett, and carried, to grant Mr. Handler an extension in time of nine months to complete the improvements and that the staff be instructed to enter into nego- tiations with Mr. Handler regarding possible uses as a park site. (Councilman Heath voted "No".) Councilman Heath: CITY MANAGER'S REPORTS SUNSET AVENUE VACATION I think we are stalling the man and that the man is asking for an indication and I thank he deserves that. Mr. Aiassa: I believe the Councilmen have re- ceived copies of the report on this matter. This is part of the Sunset realignment. It is a simple transfer of this property and re- cording the deed. We will have to comply with this as per agreement with Broadway -Hale and State Division of Highways. Elm • 0 0 C. C. 7-9-62 CITY MANAGER'S REPORT - Continued RESOLUTION NO. 2406 ADOPTED Mayor Pro Tem Towner: Page Nineteen The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING INTENT TO VACATE A CERTAIN PORTION OF SUNSET AVENUE" Hearing set for August 13, 1962 Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent: Mayor Barnes Said resolution was given No. 2406. CIVIL DEFENSE SIREN'S FUND AUTHORIZATION Mr. Aiassa< I have a memorandum from Cleo Boschoff, Deputy Director, directed to me and dated 7/9/62 re this matter. I would like this spread in the Minutes. The following is pertinent information re the purchase of our siren system: to Finances: On hand to date: $8,560o17,,from previous years encumbrances. Required: $19,777.00 total, our share (after re- imbursement) $9,888.50 (if prices remain firm as estimated in April 1962) 20 Equipment and Services to be Purchased: Thunderbolt 125 db sirens, 3 @;$2,900 each Total $ 8,700. Remote controls for above sirens, 3 @ $350 ea,. 1,050. Air raid timer for Police Dept., 1 @ $175 175. Sirens 115 db, 3 @ $ 995. each 2,985. Remote controls for above sirens, 3 @ $ 70. each 2.10. Telephone relays, 6 @ $25o(from General Telephone) 150. Steel poles to mount sirens, 6 @ $300 each 11800. (wooden poles will not support weight load and are not permitted at two points, i.e. Freeway site & Flood Control site) Installation of sirens, related equipment, poles, to include electrical material, wiring and labor by electrical contractor. Job lot total 4,200. (Public Works doesn't have equipment, electrician or sufficient time to install and it's extremely difficult to get reimbursement when City does the job) Installation of telephone control, 7 @ $15. each 1050- Circuit (dry pairs) (Installed by General Telephone at siren points and Police Department) Grand _Total $ 1U share J or 9,888.50 -19-(Federal • E n LJ C.C. 7-9-62 Page Twenty CIVIL DEFENSE AUTHORIZATION - Continued Report - Continued 3. Procedures: ao Appropriate balance needed approx. $2,OOO. local funds Council action ba Set invitation to bid date at least 30 days hence and notify U. So Dept. of Labor for wage determinations. CD Dept. action C. Issue public notice for invitation to bid, complying with all labor standards and CD rules - CD Dept. action do Select approved bidder and install siren system supervised by State CD official - CD Dept. action e.o After all bills are paid prepare Federal reimbursement claims I am familiar with the procedures and can take proper action as soon as there is sufficient funds to support the purchases. It is the responsibility of local government to provide this war- ning for its citizens, we have Federal approval to do so now and I hope we make it this time. Cleo Boschoff Mayor Pro Tem Towner: Mr. Aiassa: We have approved the location and the type of siren and now we are trying to get them installed? That's right. We will actually ad- vance $19,777000; we will be reim- bursed 50% of the amount. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to approve the installation of a siren alarm system in the City in accordance with the five -siren plan and authorize the City Manager to call for bids as long as the cost stays within the range of $20,000.00 as approved in last year's layout. MERCED RELAIGNMENT Mr. Aiassa: I would like to recommend this to the Planning Commission with the recommendations that you re- ceived from the staff at the July 2, 1962 meeting that I presented to you. The Planning Department and Commission are working on this matter. Mr. Dosh and Mro Pontow advanced the information to me, but I think you might want to delay your action until you receive a re- port from the Planning Commission— This report would be forwarded to the Planning Commission so they would have the benefit of the report as to costs, This is the Public Service Works Director's report to the City Manager. We will hold this report in abeyance until we get Planning Commission report.and then you can direct the staff to pro- ceed on the cost estimate of the right of way. -20- • i • Co Co 7-9-62 CITY MANAGER'S REPORTS - Continued CHAMBER OF COMMERCE CONTRACT Page Twenty -One Mr. Aiassa: The Council has received copies of their contract and Mr. Tambe is here this evening to answer any of your questions. I need authorization for the Mayor and the City Clerk to execute the contract. Mayor Pro Tem Towner: Mr. Tambe: I would like to ask Mr. Tambe to ex* plain to us very briefly some of the things that the Chamber intends to do this year with this money, On behalf of the Chamber of Commerce Board, we are most appreciative of the appropriation the Council has seen fit to agree on, Motion by Councilman Jett, seconded by Councilman Snyder, that the Mayor and the City Clerk be authorized to execute the contract with the Chamber of Commerce. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent: Mayor Barnes RESOLUTION NO. 2407 The City Manager presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHOR- IZING THE EXECUTION OF A QUITCLAIM DEED" (Abramson) Mayor Pro Tem Towner: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Jett, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows - Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent: Mayor Barnes Said resolution was given No. 2407. RESOLUTION NO, 2408 ADOPTED Mayor Pro Tem Towner: The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DI- RECTING THE RECORDATION THEREOF" (Batelaan Ave. & Walnut Creek Parkway) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows: -21- C a C o 7-9-62 CITY MANAGER®S REPORTS - Continued Page Twenty -Two RESOLUTION NO. 2408 - Continued • Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent: Mayor Barnes Said resolution was given No. 2408' MISCELLANEOUS FREEWAY DEFICIENCIES Motion by Councilman Jett, seconded by Councilman Snyder, and carried, that the letter of July 2, 1962 from the Mayor Pro Tem to the State Division of Highways be placed on the Minutes and ratified by the Council. "Re: San Bernardino Freeway City of West Covina "Mr. E. To Telford, Assistant State Highway Engineer State of California, Division of Highways Po Oe Box #3304, Terminal Annear Los Angeles 54, California Dear Sir: In accordance with Section 73 of the. Streets and Highways Code and in response to letters addressed to this office by you, we hereby wish to protest the relinquishment of frontage road improvements as submitted to us in your letters of April 20 and 26, 1962. We wish to bring particular attention to the following factors which we be- lieve indicate inadequate or substandard construction or inconsistent policy. to We.respectfully request that you review all the previous deficiency reports which have been referred to and sum- marized by our report to your department dated September 8, 1961. In additon to this deficiency report, other previous reports as submitted to you are: ao Report to State Highway Commission on Azusa Avenue, Sept. 25, 1956. bo Preliminary Study of Traffic Problems and Congestion Along the San Bernardino Freeway, Route 26, In and Around the Central Business District and the Civic Center, the County Court House Site in the City of West Covina, co Freeway Deficiency Report of the City of West Covina, dated Jan. 28, 1957. • do Preliminary Report on the Badillo-Lower San Dimas Storm Drain System for the Purpose of Requesting the Inclusion of Improvements of the Lower San Dimas Basin Within "The Comptehensive Plan for Control and Conservation of Flood Waters" County of Los Angeles, and to Recommend Temporary Solution for Relief Therefrom, dated June, 1957. -22- Co Co 7-9-62 Page Twenty -Three FREEWAY DEFICIENCIES - Continued Letter to State Division of Highways - Continued . eo Summary and Review of Request to the California Division of Highways and Other State Officials for Revision and Improvements toihe San Bernardino Freeway and the State Highways System In and Adjacent to the City of West Covina County of Los Angeles, State of California, dated March 19, 1958. fo Request to the State Highway Commission of the State of California for Financial Assistance to Provide an Ade- quate Four -Lane Bridge on State Sign Route 39 (Glendora Avenue) at Walnut Creek Wash in the City of West Covina, State of California, dated January 2,1, 1960. 20 We wish to emphasize the inconsistency in your consideration of relinquishment of landscaping at the Pacific and Sunset Avenue underpasses in our City and which policy exists in remaining underpasses throughout the City. 3. In order to fully appreciate the obvious deficiency involved in the termination of the north frontage road just easterly of Sunset Avenue, we are attaching herewith a photograph il- lustrating the deplorable condition of this particular frontage road - drainage inlet. 4. An attached resume of our most recent investigation, dated July 2, 1962, indicates some of the problems remaining and also indicates the areas which we find acceptable for'main- tenanceo We wish to express our gratitude for the improvements made subsequent to the freeway construction completed in 1956 and the effort made by the District VII office in working with the City since the completion of the San Bernardino Freeway. Certainly the rapid urbanization of the area in the recent decade has far exceeded anticipated growth and has resulted in complex problems, particularly at the interchanges, of which we are all aware. It is our hope and belief that these prob- lems which have been cited in our investigation can be resolved at this time or in the foreseeable future. In summary, the City will acknowledge and accept the improvements for maintenance provided we have assurance from the State Division of Highways that those deficiencies present at the time of construction for the freeway widening will be corrected, unless improved in,con- junction with work done prior to the full widening. We sincerely hope this clarifies our position and that we will work with the State Div- ision of Highways toward freeway standards and access roads which will serve the best interests of the through traffic, as well as the commu- ter traffic of our City". Very truly yours, • Frank Ma Towner Mayor Pro Tem FMTa TJD- lb Attachments cCo Robert Bradford, Director of Public Works, State of California Senator Richard Richards Assemblyman Ronald Brooks Cameron Supervisor Frank Bonelli -23- (Certified Mail) • • C a C o 7-9-62 PEDDLER ORDINANCE Mr. Aiassa: Section 6233 of the West Covina Solicit®rs and Junk Dealers" Councilman Snyder: Councilman Jett: Page Twenty -Four We have the ordinance drafted. It is entitled, "An Ordinance of the City of West Covina Amending Municipal Code Relating to Peddlers, I think this is a good all-around ordinance, This is a pretty rigid thing here. I think we ought to be sure of what it is before we adopt it Mr. Williams: The Chief of Police has been after. the regulatory ordinance for some time and the type of thing that he originally requested is that there must be an application made in ad- vance, that he actually get back a report from the State and the F.B.I. before a license could be issued. This ordinance does not require that an investigation be made. It states that the application shall be ac- companied by fingerprints and photographs, but that the Police Depart- ment may dispense with any investigation .if it approves the license and it may be issued immediately. At least the time element is relieved. They do have the fingerprints in case any trouble should arise. Councilman Snyder: Mayor Pro Tem Towner: Mr, Aiassa: Mayor Pro Tem Towner: EMPLOYEE RETIREMENT OVERDRAW AND FaIoCoAo TAXES OVERDRAW Is there any way you can make it applicable to commercial? Or to be waived by the City Council? Table this until our next meeting and in the meantime I will have another meeting with Chief of Police Sill and City Attorney. Okay. Mr. Aiassa: The City Council requested this re- port and I would like to have it spread in the Minutes. It is a memorandum to the City Manager, from S. E. Cornwell, Acting Director of Finance, dated July 5, 1962 re this matter. "It is next to impossible to explain the amount expended or to be expended in'thi.s account without going through our retirement contract item by item. We, in the past, have not tried to appropriate the exact amount needed in this account because it is set by the contract. We pay on regular employees 3% of the first $400 salary and 6% on the excess of $400. We pay on Fire and Police 4% of the first $400 and 8% on the excess of $400, plus an early retirement annuity of .5 years. We donot know:how many new employees we will have to cover in the coming year. Therefore, the amount overdrawn is due to several reasons such as: -24- C. C. 7-9-62 Page Twenty -Five EMPLOYEE RETIREMENT OVERDRAW REPORT - Continued "I. Increase in salaries • 2. New employees covered 3. Prior years premiums paid in current year (June's premiums paid in July) "Premium statements are audited each month and annually by our auditors. "FoIoCoAo Taxes Overdraw: We had salary increases during the past year of approximately $55,000. The rate on FoIoCoAo is 6% times $55,000, which equals $3,300. We were over our budget in the General Fund by $1,182.98 and Park by $2,097.73, which equals $3,280.71. "The reason that the Park Fund shows a larger overdraw than the General Fund is because Mr.,Walters transferred $3,000 from Park Taxes to the General. S.E.Cornwell, Acting Director of Finance." POTENTIAL ANNEXATION North Sunset • Mr. Aiassa: This is not a formal request, but an idea of a request. He has been in contact with Mr. Jett, with me, and other members of the Council, I would like to recommend that this be submitted to the Planning Commission for recommendation and study. Councilman Jett: I met with this party and I couldn't help but express my opinion. I can't see anything but an expense here. This is mostly non money making. Motion by Councilman Heath,,seconded by Councilman Jett, and carried, that the proposed annexation on North Sunset Avenue be referred to the Planning Commission for study and report. MOSQUITO PROBLEM Mr. Aiassa: I just received a petition from some property owners on the 800 block on Dancove Drive and they advise us that they have a rather serious mosquito problem resulting from stagnant water in the wash at the rear of these homes. Motion by Councilman Jett, seconded by Councilman Heath, and carried, that said petition be accepted and placed on file and referred to the City Manager for a report. CITY ATTORNEY Ra,lphs - 2odys Report -25- Co Co 7-9-62 Page Twenty -Six CITY ATTORNEY RALPHS - ZODYS REPORT • Mr. Williams: With reference to the RalphiF, And Zodys matter, I can't find anything that, in so many words, in a section of the State ora-local law, precisely answers the question, However, I think there is an answer, and I think there are two questions. The first question, and the second one depends on it, sort of, is whether or not the grading which has been done there is proper or whether it violates the precise plan. The second question is whether the altera- tion in the wall as originally shown on the precise plan approved by the Council is a slight modification which it was competent for the Planning Commission to approve without an amendment or hearing or notice. To approach the last question first, I think that if the grading was proper and the raising of the elevation of the property is permissible under the precise plan then I believe that the alteration in the wall is a slight modification and was within the jurisdiction of the staff and the Planning Commission. The test there is whether the change was a physical and tangible substantial alteration, and secondly, whether the alteration that is made adversely affects the welfare or adversely affects the welfare of the neighboring property owners. It is my own Judgement in reviewing the matter, that if the change in grade and ele- vation is proper, then the change in the wall was a proper modification in that it was not physically a major alteration and that if the change of grade occurred the change in the wall probably did not increase the detriment to neighboring property owners but reduced it so it appears to me that the basic question is the one of the change of the grade of the land. The answer to the grading seems to be this-. First of all, we have no condition imposed upon this precise plan or precise plans generally that has direct reference to grade. There is, however, in each zone and in the precise plan requirements a height limitation and the height limitation, I think, is designed to control. the ultimate top level of the building and obviously where you start measuring from has something to do where the top of the building is going to be. Reviewing both the zoning ordinance and the building code and decisions in general with respect to what is meant or what is im- plied by a building height, it seems that some conclusions can be reached. First of all, height is measured fromthe building site. The building site is not necessarily the natural level of the ground, Ground may slant and therefore have to be leveled.. There may be a depression; you don't have to build a building that will become a lake in the rainy sea- son. The general rule seems to be thiso That the building site is a site which is produced by that amount of grading which is necessary to produce what a reasonable, ordinarily and prudent person would consider to be an adequate site to accomlwtt- building and no other. You are entitled to level, to grade, to produce a site that won't cup or hold water,, to produce a site which is level, and when that has been produced, to add no more. • As to the application of the rule to this particular site, I don't know, I don't think that is my perOoga- tive; I think it is yours. I don't know whether I have made it clear or not on this point that height is a material element. Height is measured from the building site; the building site is deemed to be that which results from the amount of grading necessary to provide a suitable, reasonable and adequate site for the building. 19M • 0 Co Co 7-9-62 CITY ATTORNEY - Continued Ralphs - Zodys - Continued Mayor Pro Tem Towner: Page Twenty -Seven The specific question that is placed before the Council would be the rea- sonableness of the grading? Mr. Williams: I think so. I think the que§tioh'is was the amount of grading that took place adequate or was it in excess of that which an ordinarily prudent and reasonable man would consider necessary to produce a building site. Councilman Snyder: In the past, we have allowed the staff, or, I believe, the Building Inspector to decide whether grading was adequate. Mr. Dosh- He is the officer in charge. Councilman Snyder, In his judgment, he decided in this case that it was as he has done in many, many others. We have never had to decide this question before. I think if Mr. Fowler says the grading was adequate we.have to accept that. Mayor Pro Tem Towner-, It is conceivable that Mr. Fowler re- viewed it solely for the adequacy of the drainage and without taking into consideration that the height of the property as raised by the grading is more than reasonable or necessary to do that. We are going to have to rely on our staff experts to tell us whether or not this property has been raised higher than reasonable or necessary to accomplish the grading and the purpose of grading. Councilman Snyder-, Mayor Pro Tem Towner: Mr. Doshz Mayor Pro Tem Towner-, Mr. Dosh -, Mayor Pro Tem Towner: 15J�D� I think the report stated that if it went above, it went above by only two feet, or something. , Maybe we should review the staff report on it, (Briefly reviewed staff report) It is my opinion that they could not have justified a grade much higher than they have. How far have they gone with the de- velopment on this site? They poured a slab at the southeas- terly portion of the property, which is the large area. They have made the first wall, but they haven't made the second wall. They are proceeding along the lines as shown in the lower diagram? Yes. -27- 0 • Co C. 7-9-62 CITY ATTORNEY - Continued Ralphs - Zodys - Continued Page Twenty -Eight Mr. Gene Kitchevsky: The word "necessary" on this grading was brought up a number of times. The fact was pointed out to us in certain private meetings that this whole thing of the elevation was not in any way necessary for drainage, that it was simply a question of'the asthetics as far as they were concerned.. On the precise plan, it was specified that within 100 feet of the property line there was going to be a maximum height of 18 feeto I think there is a very obvious prob- lem of the protection of the homes, that there certainly has been rad- ical alterations of the situation above what was necessary when all this was done. Mayor Pro Tem Towner: Councilman Snyder - Lion to the problem._ I can't see none has been suggested, Voice: precise plans and owners would have that at this time there isn't some erty owners, Ware faced initially with the prob- lem of whether or not it is necessary and whether or not the solution pre- sented to us is reasonable and we have to take the steps after that. It seems to me that although you are not getting exactly what you want, that you are getting the, best solu- any other solution at this time and I think the project has probably gone too far to stop it. If this had been discovered when they were bringing in so forth, the amount of protection to the property been a little different, or a .little more. I feel someone should take another look at this and see if additional protection that can be afforded the prop - Mayor Pro Tem Towner: Do you have something specific in mind? Voice, It was mentioned by our own Mayor a couple of meetings ago on the floor that he felt that this pad being as high as it was, he indicated a personal feeling, nothing binding in this, but he felt this wasn't so good. He felt that probably trees of additional height would be planted. I don't think this is necessarily the answer. I would like to see additional planting space back there. Councilman Snyder: Any change in the precise plan now would have to be by the mutual con- sent. Mr. Williams: I would speculate that if you could arrive at some solution that has to do with the height of one or both of the.walls, with the planting'strip, et cetera, that they would agree to it as a condition to putting this at rest. It appears to me that as a plain matter, this is about all you are going to get without a couple of years in court, BF&M Co Co 7-9-62 CITY ATTORNEY - Continued Page Twenty -Nine RALPHS-ZODYS - Continued Mr. Aiassa: I would lake to set up a meeting and have all the property owners and ar- chitects and representatives from Ralphs and Zodys present and sit down with this group and go for one good meeting and see if we can come up with something more agreeable to all. We won't call the meeting unless we get representatives who can speak with some authority. Mr. Williams: I think it would be desirable if this could be done. I think the property owners should get together first and divise their own ideas .and own plan first which may differ from house to house and then have the meeting with the representatives from Ralph's and Zodys. Mr. Aiassao I think that is a good idea, but I want them all. here at the meeting. Mayor Pro Tem Towner: Mr. Neal, and Mr. Kitchevsky, if you will organize your neighbors and get them to get going, we can put the bur- den on the staff to get representatives from Ralphs and Zodys. You should have all the neighbors who are directly involved there and any others who might be interested. The Council would be very grateful, if • you can work this out. We will refer this to the staff to continue along the lines indicated. Councilman Snyder: Should we demand a point of reference of height or grading playa in the fu- ture or refer this to the Planning 6ommission for recommendation? Mr. Williams: This is one problem you should refer to the Planning Commission, but I think you should ask them to consider revising and amending the definition of building height contained in the zoning ordinance. It needs amendment anyway. Motion by Councilman Snyder, seconded by Councilman Heath, that the Council ask the Planning Commission to revise or consider revising and amending the definition of building heights, particularly as to point of reference and to height and also to consider whether we should make a grading plan a part of precise plans. ORDINANCE NO. 748 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" • (ZC 223 - Peck and Norman) Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of said ordinance. , Motion by Councilman Heath,'seconded by Councilman Jett, that said ordinance be adopted. Motion passed on roll call as follows: -29- Co Co 7-9-62 CITY ATTORNEY - Continued Page Thirty ORDINANCE NO. 748 - Continued: Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent-. Mayor Barnes Said ordinance was give,Noo 748� ORDINANCE HELD OVER The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 197 Sunset Manor) Mayor Pro Tem Towner: Perhaps we should hold this over until Mayor Barnes is back because there is a split in the vote. RESOLUTION NO. 2409 ADOPTED Mayor Pro Tem Towner: If there are no objections, we will. hold this item over until the next regular meeting of the Council. The City Attorney presented: "A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING A VARIANCE" (V 391 - Broadway -Hale Stores) Hearing no objections, we will, waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent: Mayor Barnes Said resolution was given No. 2409. RESOLUTION NO, 2410 ADOPTED The City Attorney presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPOINTING JOHN BARTLETT TO THE PLANNING COMMIS- SION" Mayor Pro Tem Towner: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: . Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent: Mayor Barnes Said resolution was given No. 24100 -30- • r� U C. C. 7-9-62 CITY ATTORNEY - Continued RESOLUTION NO, 2411 ADOPTED Mayor Pro Tem Towner: Page Thirty -One The City Attorney presented: P8A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPOINTING MRS. ALAN W. KEITH AS A MEMBER OF THE RECREATION AND PARKS COMMISSION" Hearing no objections, we will, waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent: Mayor Barnes Said resolution was given No. 2411. RESOLUTION NO, 2412 ADOPTED Mayor Pro.Tem Towner: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPOINTING DOMINIC VERONDA AS A MEMBER OF THE RECREATION AND PARKS COMMISSION" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Heathy that said resolution be adopted, Ayes: Councilmen Jett, Heath, Snyder, Mayor Pro Tem Towner Noes: None Absent, Mayor Barnes Said resolution was given No. 2412, CITY CLERK NOTICE FROM COUNTY BOUNDARY COMMISSION OF PROPOSED NORTHERLY ANNEXATION DISTRICT W 54 TO CITY OF COVINA Mr. Flotten: This is just for information. NOTICE FROM COUNTY BOUNDARY COMMISSION OF PROPOSED EXCLUSION OF TERRITORY FROM CITY • OF INDUSTRY Mr. Flotten: This is just for informations NOTICE OF HEARING BEFORE THE P.U.C. ON APPLICATION OF GREYHOUND CORPORATION Mro Flotten: This will, 'be July 18. for information. This is just -31- Co Co 7-9-62 CITY CLERK - CONTINUED ANNEXATION NO, 289 TO THE CITY OF EL MONTE Mr. Flotteno ANNEXATION TO THE CITY OF EL MONTE Page Thirty -Two This is just for information. It is north of Pacific Electric Rail- way on Maxum Street. Mr. Flotteno This is just this side of Five Points on Garvey Boulevard. That is No. 279 to the City of E1 Monte. Information only. LEAGUE OF CALIFORNIA CITIES MEETING Mr. Flotteno This is for information. This meeting will be held in Inglewood on July 19. Councilman Heath: I would like to goo ANNEXATION OF ANDERSON°S PROPERTY Mr. Flotteno Mayor Barnes wanted us to mark on a • map where that proposed annexation of Mr. Anderson's property was on the east end of town. This is proposed by Ray Anderson and the Zahler Enterprises. This is a proposed annexation. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that this matter be referred to the Planning Commission. APPLICATION FROM QUEEEN OF THE VALLEY HOSPITAL Mr. Flotteno We have an application from the Queen of the Valley Hospital for temporary use permit for the Inter- national Fair on the hospital grounds on October 21. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Queen of the Valley Hospital be given permission to hold their International Fair on October 21, 1962 from 12 noon until 10:00 P.M. subject to all City regulations. AUTHORIZATION FOR THE MAYOR PRO TEM TO SIGN CHECKS Motion by Councilman Heath, seconded by Councilman Jett, and carried, to authorize the Mayor Pro Tem to sign the bank checks in the absencs of the Mayor, LAW SU I T Mr. Flotteno We are being sued for $75,514.66. This letter is from Martineau and Martineau, attorneys for Pasha Audrey Palombi and Atilio John Palombio Their car ran into a mound of dirt on Azusa at 2:45 A.M. on April 8, This is not a verified claim. -32- _A Co Co 7-9-62 CITY CLERK - Continued LAWSUIT - Continued: • Mr. Williams: Page Thirty -Three It should be returned to the insurance carrier with a question as whether you want them to reject it or send the claim back showing that it so defective, Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that this claim be returned to the insurance carrier with instructions to either reject it or send the claim back showing that it is defective. APPOINTMENTS Mr. Flotten: At the end of July, the new appoint- ments are made, so you will probably want to look over who has served as ex -officers and Council representative on the different commissions and what changes to makes ANNEXATION NO. 174 Mr, Aiassa: This was referred to the staff and I have a written recommendation but I also have some photographs • of some of these streets you flooding at times. It has some might annex. This area is real difficult problems subject to and I don't know how this particular annexation would be drained. Mayor Pro Tem Towner: I am wondering if the area north of that has the same drainage problem and maybe by acquiring that it would help us solve this. Do you want us to refer it to the. staff and the Commission? Mr, Aiassa: Yes. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that this annexation be referred to the staff and Planning Commission for study and report. NORTH FIRE STATION Mr. Williams: At your last meeting, we discussed this Allen and Snell matter and I was authorized to offer $9,000.00 which was the amount of the appriasal as a settlement price if they get their zoning and we cut off the corner. I did, and they rejected it and said they would refer it to their attorney and to give,it,back to Mr. Sorenson, so I did and told him to proceed with the condemnation. This morning I received a call from the attorney and he said that at the meeting in George's office I made the personal comment that I would recommend 10% above the appraisal and that he had ascertained that if they would offer $9,900.00 subject to the same conditions, that they would accept. it. I report that to you with the recommendation that you settle the lawsuit for $9,900„00 provided that they get the zoning. They will give us a written instrument saying that if they get C-1 zoning that within whatever time is reasonable they will at that time settle the City's litigation if the City will cut off the corner and give them $9,900.00. -33- • • Co C. 7-9-62 CITY CLERK - Continued NORTH FIRE STATION -,,Continued-. Page Thirty -Four Councilman Heath `Snell dropped this map off as the way he suggested that corner be knocked off. I said I would give it to you. We have,been'.held`,,up on this property and I would like to see this thing finally get over with and done. Councilman Snyder: JThe next thing for them to do is submit the letter. Mr. Williams: Indicate that the Council ;would be willing to settle on those terms if the zoning is granted. I will take care of it if that is what you wish Motion by Councilman,Heath, seconded by Councilman Jett, and carried, that the City Attorney be instructed to proceed with the settlement of the Fire Station location at $9,900.00 and cutting off the north- east corner in a manner satisfactory to the City Manager, RECREATION AND PARKS Councilman Heath: I'=attended the Parks and Recreation meeting and they asked if I would bring the message back to the Coun- cil to see if there_was'some way that next year before the budget ses- sion that they could.have'an indication of how much money they were going to have for recreation operation in the schools. The way the budget program is set up, they don't know until approximately a week or ten days before the,summer school recreation program begins as to how much money they'are going to have and consequently how many coun- selors they are going to need and they would like to know if there is any way next year we.can tell them about a month in advance how much they are going to have We can just keep it in mind for next year.' BAINBRIDGE CLUB Councilman Heath: I have been invited to go to the Bainbridge Club a week from tomorrow night where they are going to have six to eight booths where they`'.are going to sell candy to their mem- bers and stuff like that I just asked Mr. Flotten if they needed Council approval to'hold this so-called booth sales for their own members within their building and he said they don't need it but it would be a good idea. to get approval. Motion by Councilman. Heath„'. seconded. by Councilman Snyder, and carried, that the Bainbridge.Club'be given permission to hold a bazaar in their building on Jule 17 in the evening subject to City Regulations. DEPARTMENT OF MOTOR VEHICLES TOILET'FACILITIES Councilman Snyder: They have a big problem of people standing there and they don.'t have any public toilets. Mr. Williams: I think it is provided for in their r' own State laws. 9 C. C. 7-9-62 Page Thirty -Five D.M.V. TOILET FACILITIES - Continued Motion by Councilman Snyder, seconded by Councilman Heath, and-carkied, that the matter of no public toilets at the Motor Vehicles Department Building.be referred to the staff. LEAGUE OF CALIFORNIA CITIES Councilman Jett: I attended the League of California Cities meeting the other night. They talked about the deleting of a judges name on the ballot where there is just one judge running and it would do away with a lot of counting; They want to know if we want to support the Highway'Users Tax. Mr, Aiassa: Why don't we refer this to the staff and wait until the 23rd to take some action. COUNTY CHARTER Councilman Heath: I have read this proposed change in the County Charter and I am not in favor of those changes whatsoever. They have not.changed the Charter where I think it should be changed and that is in the area of stating that they must keep abreast of the wages of industry because you can do anything with members and they are abusing theme From what I can see in this,Charter revision, it is nothing more than.additional expense of money. There are a few small parts in it that have merit, but the majority of it from my way of looking at it is nothing more than making the County jobs more of a gravy job, more expense to the tax payer,.where actually the County duties are supposed to be falling off rather than increasing due to the number of incorporations and I am definitely opposed whole-heartedly to this proposals Councilman Snyder: I think that probably the supervisors job in Los Angeles County is the big- gest patronage job in the State. I think any charter change that can cut that down is fine. Mayor Pro Tem Towner: The meeting on the Charter is on the 17tho It is in the afternoon. Being an afternoon meeting, I probably won't be able to be there. If there is some question that the Council wants to raise, I will be there. Councilman Heath: I will go back and read this thing over again and really go over it thoroughly, DEMANDS Motion by Councilman Snyder, seconded by Councilman Jett, to approve demands totalling $151,318.58 as listed on Demand Sheets Nos, B106 and C249 through C2510 This total includes fund transfers of $85,928.39. Motion passed on roll call as follows: -35- C. C. 7-9-62 Page Thirty -Six DEMANDS — Continued Ayes: Councilmen Jett Heath, Mayor Pro Tem Towner Noes: None Absent: Mayor Barnes There being no further business, motion by Councilman Heath, seconded by Councilman Jett, andcarried, that this meeting be adjourned at 12:50 A. M. ATTEST: City Clerk APPROVEDcl(� •�� ,� ���� Mayor Pro Tem