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08-27-1962 - Regular Meeting - MinutesMINUTES OF THE'REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA August 27, 1962 The regular meeting of the City Council was called to order by Mayor Barnes at 7:50 P.M. in the West Covina City Hall. The Pledge of'' • Allegiance was led by Councilman Snyder, with the invocation given by the Rev. John Gunn of the First Baptist Church. ROLL CALL Present:. Mayor Barnes, Councilmen Jett, Towner, Heath, Snyder • • Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Dwight Newell, Acting City Attorney Mr. Thomas Dosh,, Public Services Director Mr. William Radig, Planning Assistant Mr. Gerald Weeks, Administrative Aide Absent: Mr. Harry C. Williams, City Attorney, Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES August 6, 1962 Motion by Councilman Heath, seconded by Councilman Towner, and carried, that the Minutes of August 6; 1962, be approved as submitted. CITY CLERK'S REPORTS ZONE CHANGE NO. 14 LOCATION: East side of Orange ACCEPT STREET IMPROVEMENTS Avenue north of Garvey 0. D. Harbert Avenue APPROVED Accept street improvements installed in connection with expansion of par- king facilities. Authorize release of cash deposit in the amount of $850.00. Inspector"s 41nalreport and signed certificate of comple- tion on file. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to accept the street improvements in Zone Change No. 14 and authorize release of the cash deposit in the amount of $850.00. RESOLUTION NO. 2438 ADOPTED Pk0 eC7 e-l" Mayor Barnes: The City•Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEP- TING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Alice M. Scott) For street and highway purposes to be known as Merced Avenue. Hearing no objectiions, we will waive further reading of the body of the resolution. -1- C. C. - 8-27-62 RESOLUTION NO. 2438 - Continued Page Two Motion by Councilman Heath, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None • Absent: None Said resolution was given No. 2438. RESOLUTION NO...2439 ADOPTED PP, d J ECT C- g 0 Mayor Barnes: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEP- TING A CERTAIN.WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (John M. Sawyer and Florence W. Sawyer) For street and highway purposes to be known as Merced Avenue. Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None • Said resolution was given No. 2439. RESOLUTION NO. 2440 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL rRD,7X CT e_/g p OF THE CITY OF WEST COVINA ACCEP- TING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Antonio M. De Uribe and Beatrice De Uribe) For street and highway purposes to be known as Merced Avenue. Mayor Barnes: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Towner that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None • Said resolution was given No. 2440,. -2- Y • r1 U L] C.C. 8-27-62 RESOLUTION NO. 2441 ADOPTED Mayor Barnes: Page Three The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO VACATE A CERTAIN FUTURE STREET OF TRACT N0,_ 22466" (Portion of Lots 4 & 5) Hearing date set for September 24, 1962 Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No. 2441. DISTRICT A°11-61-2 SANITARY SEWER DISTRICT APPROVED LOCATION: Virginia Avenue and Barranca Street. Revised report of Los Angeles County Health Officer. Accept the revised report and instruct the City Engineer to proceed pursuant to the provisions of Section 2808, Division 4, of the Streets and Highways Code. Staff recommends acceptance of revised report, which includes an addition to this district, and directive to City Engineer to proceed. Mr. Flotten: This is a report of K.H. Sutherland, M.D., Health Officer, County of Los Angeles,.Health Department, directed to the City Council and dated August 7, 1962. I would like this spread in full in the Minutes. "SUBJECT: Amended Virginia Avenue and Barranca Street Sanitary Sewer ;District, A111-61-2, City of West Covina. "RECOMMENDATION: It is respect- fully recommended that sanitary sewers be installed inthis district. "ANALYSIS: On February 10, 1961, this Department recommended to your Honorable Council that sanitary sewers be installed in the Virginia and Barranca Street Sanitary Sewer District A'11=61-2, as a measure necessary to the protection of public health. Since that. date, an alteration has been made in the boundaries of this proposed sanitary sewer district. This al- teration is the additon of the residential area bounded as follows: North by Cortez Street and Campana Flores Drive, East by Charvers Avenue, South by Charlinda Street, West by Forestdale Avenue as shown in dark green on the attached map. -3- l C. C. 8-27-62 Page Four DISTRICT A' 11-61.-2 - Continued "This Department has made -'an in= vestigation of the additonal'area as described above'.' During the course of this investigation, 21 house -to -house calls were made. Of this number, eight (8) occupants were not at home or did not answer the door. Of the 13 property owners or tenants'actually'- contacted, 3 or 23% reported having experienced trouble with their individual subsurface sewage disposal systems. They complained of the systems filling up causing raw sewage to back up into the house plumbing fixtures or to overflow onto the surface of the ground. Also that frequent pumping and cleaning out of the seepage pits was necessary. Our contact reported it was necessary to pump their system monthly. "In view of our recent survey, also our original survey, which revealed that out of 40 property owners or tenants contacted, 15 or 37j% had experienced sewage disposal troubles, I, the undersigned Health Officer of the Coun- ty of Los Angeles, having been officially designated by the City Council of the City of West Covina to perform public health ser- vices for the City of West Covina, do hereby again recommend that proceedings be instituted at once for the installation of sanitary sewers in the Virginia Avenue and Barranca Street Sanitary Sewer District, A111-61-2. This recommendation is made an improvement necessary to the protection of public health and pursuant to the provisions of Section 2808 of the Streets and Highways Code." Councilman Heath: These sewers will service Charlinda and Forestdale and Mobeck. Cortez is quite a bit higher in elevation • than these streets. How are they going to drain this sewer if they don't have some kind of anasement.,running directly .west? Mr. Dosh Cortez Street is higher in the mid- dle and lower in the ends. The northwest corner of that tract is the low point of that tract. Councilman Towner: Insofar as this sewer district is concerned, tonight we merely cer- tify to the health need and it is up to the Engineer to pick it up from here and work it out, I think. Councilman Heath: Don't we define the boundaries of this sanitation district? Mr. Aiassa: This is added to an existing dis- trict. Councilman Heath: What I am saying is that the addi- tion here is not adequate. Mr. Dosh: The drainage does go northwest. I don't know whether they will take • the water out to Cortez or go straight down through Virginia and through the new tract. Mayor Barnes: Our staff should have a good idea of the engineering in this. -4- • Ca Co 8-27-62 DISTRICT A011-61-2 - Continued Mr, Aiassa: Councilman Snyder: Councilman Heath: Page Five Our staff goes into the final studies after acceptance into the district. All you are doing now is permitting them to come in- to the district. It seems inconceivable tome that the engineer would set up a district that cannot be drained. I don't think we should hold it over, I think we should pass it but be aware of the fact that we might have to add more land to it. Motion by Councilman Towner, seconded by Councilman Heath, and carried, that the Health Officer's report of August 7, 1962 be approved and the City Engineer be directed to proceed with the district. SCHEDULED MATTERS PROJECT C-173 TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING The bids received were as follows: Electro Construction Corp. Paul Gardner Corp. Steiny and Mitchel Westates Electrical Constr. Sherwin Electric Service Allen Engineering Co. Fischbach and Moore LOCATION: South end of Sunset Avenue Underpass. Review bids.opened in office of City Clerk on August 23, 1962; Engineer's report - award con- tract. 10% bid bond 10% bid bond 10% bid bond 10% bid bond 1076 bid bond 10% bid bond 10% bid bond $ 8,848.00 8,982.00 9,339,.00 9,447.00 9,524.00 9,590.00 10,300.00 Mr. Flotten, City Clerk, read a report dated August 24, 1962 directed to the City Manager and the City Council re Project C-173 and signed by John Lathrop, Assistant City Engineer, Mayor Barnes: Is there anyone in the audience who wishes to be heard on Project C-173? (There were,nonpo) I will declare the hearing closed. • Motion by Councilman Heath, seconded by Councilman Snyder, to award the contract for Project C =173 to the Electro Construction Corporation in the amount of $8,848.00 and to return the bid bonds to the unsuccessful bidders. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath; Snyder, Mayor Barnes Noes: None Absent: None -5- J 0 • C. C. 8-27-62 PROJECT C-178 TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING The bids received are as follows: Page Six LOCATION: Cameron Avenue and Sunset Avenue Review bids opened in office of - the City Clerk on August 23, 1962; Engineer's report - award contract. Electro Construction Corp. 10% bid bond $ 16,533.00 Paul Gardner Corporation 10% bid bond 17,066.00 Westates Electrical Constr. 10%,bid bond 17,492.00 Steiny-Mitchel 10% bid bond 17,500.00 Allen Engineering Co.. 10% bid bond 17,589.00 Sherwin Electric Service 10% bid bond 17,667.00 Mr. Flotten, City Clerk, read a report dated August 24, 1962, re Pro- ject C-178 and signed by R.E. Pontow, City. Engineer. Mayor Barnes: Is there anyone in the audience who wishes to be heard in regards to Project C-178? (There were none.) I declare the hearing closed. Motion by Councilman Snyder, seconded by Councilman Towner, that all the bids in Project C-178 be rejected and all the advertising cancelled with the further recommendation that the City Council authorize the City Engineer to combine Project C-178 and Project C-181 and hold them for approximately sixty days before resubmitting for bid and further that all bid bonds be returned.. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes.-. None Absent: None Councilman Towner: Mr. Aiassa: HEARINGS VARIANCE NO. 399 and PRECISE PLAN OF DESIGN NO. 124 (Revision 1) Towner, Heath, Snyder, Mayor Barnes I note that our Traffic Committee on August 17 recommended four-way stop signs at this same location. How did this happen to be recom- mended when we are considering signalizing? We normally put four-way stop signs before we proceed with signals. I think the four-way stop signs will give us temporary relief. LOCATION: Barranca Street between Garvey Avenue and Mesa Drive Gald, Inc. Request to permit 2 stories within NO ACTION NECESSARY 100 feet of R-1 properties, to re- duce northerly side yard to 5 feet and to reduce distance between building as shown on submitted precise plan in.zone R-3b, and request of Precise Plan, approved by Planning Commission Resolutions No. 1238 and 1239. Decision appealed by Robert L. Walker on August 10, 1962. Appeal withdrawn by Robert L. Walker on August 22, 1962. Hearing can- celled - all property owners notified. NO. ACTION NECESSARY. -6 - • • 0 C. C. 8-27-62 Page Seven VARIANCE NO. 399 & PRECISE PLAN NO. 124 - Continued Mr. Flotten: There were 28 notices mailed out that this hearing was cancelled. There is no action necessary. PRECISE PLAN OF DESIGN NO. 326 Richard N. Scott CLd,16VEMn 10 LOCATION: North Azusa Avenue be- tween Workman Avenue and Rowland Avenue Request for adoption of Precise Plan of Design,approved by Planning Commission Resolution No. 1231; Held over from meeting of August 13th to August 27th pending receipt of report on set back requirements on Azusa Avenue. Mayor Barnes: Mr, City Clerk, has this hearing been closed? Mr. Flotten: No. Mayor Barnes: This is the time and place for the public hearing on Precise Plan of Design No. 326, IN FAVOR Mr. Richard No Scott This situation is a little bit un- 627 East Edna Place usual in that there is not a great Covina deal of argument between the people against us and ourselves. It basically involves whether or not we are to be forced to do something that additonal property owners in the immediate area will not be required to do. Mr. Zug from whom we purchased the property owns property immediately to the south of our property on Azusa Avenue and elected at the time that he built improve- ments thereon to set.his property back some 75 feet from the street line. Quite a bit further north, Shakey°s Restaurant elected to set back some 75 feet. It was felt by Mr. Zug that this established a definite pattern for all development along those lines. Our develop- ment,' which is a luxury restaurant, does not want, warrant or desire front parking and we do not particularly want to set back some 75 feet unless it is made a requirement of us and of the property immediately to the north. We are willing, rather than setting out close to the street, we will set back some 35 or thereabouts feet in an effort to kind of mitigate this problem, which, I understand, the operators of the liquor store and the laundromat to the south of us don't feel is quite enough I have a picture of the restaurant that we are endeavoring to build. (P.-esented rendering,) We are willing to set back .7.0 feet provided everybody to the north of us is also required to set back that far. We are willing to set back zero to 70 feet as a compromise even though the people to the north are not required to set back that far. IN OPPOSITION Mr. Charles Zug I oppose the recommendation of the 3307 East Virginia Avenue Planning Commission on the ground West Covina that for seven years we have had an orderly plan. When Mr, Scott bought the property, he bought it in good faith and we had a good understanding that he was to set back any buildings in there the standard setback that we had established for the liquor store and approximately the same as that which was on the east side. -7- C1 • Co C. 8-27-62 P.P. NO. 124 - Continued Mr. Charles Zug - Continued Page Eight This restaurant was something that came up later. He contends that to make it look right it should set out. We need egress and ingress along the front but they don't pretend to have any parking in front which will set off the ingress and egress along Azusa Avenue. Mr, Edward La Berge I agree with Mr. Zug on this. I 20510 Rancho Jose Drive tried to build further out and I was told in no.uncertain terms that I had to set back in line with the Legion Hall, There is an es- tablished line set up on the east side Mr. Jay Brown I do not have property in West 5625 Southern Avenue Covina. I served for many years South Gate on the Council here. When Azusa Avenue was first considered for a State Highway, Mr. Jett was on the Chamber of Commerce, and I am sure he will remember our trip to Sacra- mento when we agreed to hold Azusa at 70 feet for a future military highway of all major construction. Everything on the east and west side of Azusa to JE Puente is set back 70 feet. You have one exception to that and it is on a variance. This was not by ordinance but strictly by motion at that time. You only have two pieces of property on this block that would possibly be allowed to set out. The one tonight and the old Williams property, REBUTTAL Mr. Richard No Scotto It has been mentioned that there is only one or two properties that don't conform to this set back. I think there must be half a dozen gas stations in that area, all of which are built out closer than that. There being no further public testimony, the hearing was closed. Mr. Flottene I have a report here dated August 27, 1962 regarding the setback on Azusa Avenue and I would like it spread in the Minutes. "Pursuant to the directive reflected in the minutes of the City Council on August 13, 1962, regarding the setback requirements on North Azusa Avenue, the Planning De- partment staff and the City Clerk's Office reviewed all of the approved applications for zone changes, zone variances and precise plans affecting North Azusa Avenue since early 1954, including zo- ning and block studies and zoning maps. We could find no reference in writing to setback requirements except in these instances where a precise plan was drawn and the applicant was by motion required to conform to the precise plan without any specific reference to the setback. "Almost all of the applications for consideration occurred between August, 1954, and August, 1955, during which Mr, Gordon Whitnall and the Planning Department was engaged in restudying the city zoning ordinance and approval of all applications was withheld until the study was completed. • 0 C. C. 8-27-62 PRECISE PLAN NO. 326 - Continued Report on Azusa Avenue - Continued Page Nine "Nowhere is there'a reference to require setbacks on North Azusa Avenue. "The following is a list of the applications which have been revie-W,4, "Precise Plan 255 - Beattie & Miller "Precise Plan 260 - Beattie & Miller "Precise Plan 246 Stinton "Precise Plan 218 - Stinton "Precise Plan 62 - Stinton "Variance.325 - Stinton "Variance 119 —Stinton "Precise Plan 33 - Stinton "Precise Plan 110 - La Berge and revisions "Zone Change 101 - La Berge "Precise Plan 175 - La Berge - Wallace "Precise Plan 34 - Zug - Richfield Oil "State of California Route 62 - Azusa Avenue, south "State of California Route 62 - Traffic Signals (1) "State of California Route 62 - Traffic Signals (2) "Division of Highways, Azusa - Garvey - Project No. T-1694, VII-LA 26, 62 West Covina, W07V, 1OH437 "State of California Route 62 - Azusa Avenue, north "Zone Change 157 - Stinton "Zone Change 51 - Stinton "Zone Change 57 - Stinton" Councilman Jett: Mr. Scott, you intimated here that you might come up with some dif- ferent plan. Have you a different setback or something that you are thinking about right now? Mr. Richard N. Scott: My understanding of Mr. Zug's basic objection is not specifically be- cause he had to set back 70 feet :that I should, but merely to protect the adjacent property owners to the south from adequate view going up and down to Azusa Avenue. We volun- teered to set back some 30 or thereabouts feet. Further, along those lines, after additional conversation with Mr. Zug, we went back to our architect and we redesigned our building to accomodate him in that re- spect so where our building is closest to him we would be setting back about 45 feet as opposed to the 30 or 35 feet. Councilman Jett: Would that allow ingress and egress and a flow of traffic across your property? Mr. Richard N. Scott: Definitely not. In any respect, our tenant definitely does not want in front of it. The ingress any front parking and egress will be or front driveways to the rear for the king. It would be adjacent to Mr. Zug's property par- on the southerly por- tion df'our property. IM • C. C. 8-27-62 PRECISE PLAN NO. 326 - Continued Page Ten Councilman Jett: I attended a lot of these Council meetings when Azusa Avenue was discussed. I can -remember consid- erable discussion about setting back. There was a requirement on'the part of the City and the Planning Commission on setbacks. Although it may not show on the records, it is there. I don't feel we should allow one person to come and set out in front of the other buildings. Councilman Heath: With the restaurant as it is pre- sented here, I would hate to see parking in front of the building where they have spent a tremendous amount of money to beautify that building and then park cars in front of it. He has said he would not permit cross traffic to run across his property and I don't blame him, as is permitted on';the east side of the street. If the man is not going to permit cross traffic in front of his property and he is putting an elaborate building in there, I don't see why we should make him set back more than 30 feet. I would say that this 70-foot setback was the previous owner's request and I feel the previous owner made a mistake here in not requiring a deed restriction in his deed to require this setback if he wanted it in this matter. I feel we are penalizing this man if we would require him to set back any more than the 30 feet that the Planning Commission recommended and I would like to see it set at that 30-foot mark. Councilman Snyder: The City has kept Minutes and rec- ords since our incorporation, haven't we? • Mr. Aiassa: Technically, the law ;says you should only take Minutes of your action. You have decided to take them verbatim like you are taking them now. It has been this way for probably the last six or seven years. Councilman Snyder: The only real promises we make as a Council are the official action we take. Sometimes in our dis- cussion we say things in arriving at a decision that aren't real prom- ises. If they were done by motion, they should be a matter of record, Councilman Towner: Precise plans have setbacks in the drawing itself and the motion does not have to state what the setback has to be; it conforms to the chart given. Councilman Snyder: I think it would be terrible to re- quire this particular type of oper- ation and this type of building to set back 70.feet and have a lot of parking and blacktop in front. I think they have arrived at a reasonable compromise. I don't think it is causing hardship to the business to the south since they are not in real competition.to it. I have no objection to the precise plan. • Councilman Towner; I think if we have set a pattern by precise plans, that in fairness to those people who had adhered to it we ought to continue the same requirements on other properties. I think Mr. Scott's primary concern is not so much that he be required to set back but only that he wanted uniformity to other properties. I think we can accomplish this if we enact an ordinance providing a uniform set- back on the west side of Azusa Avenue which could be based upon the -10- i C. C. 8-27-62 Page Eleven PRECISE PLAN NO. 326 —:Continued Councilman Towner - Continued existing precise plans. As far as putting parking in the front of this type of building, I think it can be handled very effectively with land- scaping. As far as the ingress and egress is concerned, this owner could, if he wished, block off his property, and I think we could not require him to provide community parking for any adjacent owners. I would be inclined to think that we ought to require the setback with landscaped' parking in front and the setback to conform as nearly as possible to the existing precise plans and make this a uniform requirement up and down the west side of Azusa Avenue. Mayor Barnes: I agree somewhat with Mr. Towner and Mr. Jett. I think something has been established here through motions on precise plans that this has been a requirement. There might be a little -deviation from this, but I think we should set back for traffic flow and easy access to the property. It is very important that accessibility is provided to these buildings without getting out onto Azusa Avenue. Councilman Heath: We have a recommendation from our staff saying they could find no- where in the record that they have been the instigators of this setback. If this has been a common under- standing of setback and the people have made this setback according to our records, it is not City established. If a precise plan comes be- fore us and the person voluntarily moves the building back 150 feet and we approve it, we are not setting a standard, we are approving that if he wants to put it back that far, he can. I don't think that anyone's choice of a setback of a building establishes a policy for the whole street. If this was true all the way up and down Azusa Avenue that policy would be established. Councilman Towner: themselves. Maybe they can come up them and acceptable to the Council this hearing long enough to see if would like to hear if they can make Mayor Barnes: I think Mr. Scott and Mr. Zug both indicated that they were willing to discuss this a little bit between with something that is suitable to and I would be willing to recess they can come to some agreement. I some friendly arrangement on this. If there are no objections, we will take a five-minute recess. (A short recess was taken.) Mr. Richard N. Scott: We have an area of agreement which appears to offer some solution as far as I am concerned. We will agree to set back the main portion of the building 50 feet with the provision that this front part will extend out an additional 12 feet. We don't feel we can do this in good faith without the permission of our tenant and for that reason we would like to have an agreement from Mr. Zug on this and defer action until the next meeting until we have had time to go over this with our tenant and discuss the matter with them. Mr. Charles Zug: Mr. Scott is delaying himself and I know he doesn't want to do that. If we set it back 50 feet to the the main corner of the building, not counting that canopy or whatever you call it, that will be fine. -11- C. C. 8-27-62 Page Twelve PRECISE PLAN NO. 326 - Continued Mayor Barnes: This is agreeable with me. Councilman Jett: I feel if you want to build a business area such as this will be then I think you have to have some type of continuity in your setback. Councilman Towner: I think as far as I am concerned, that this is a very satisfactory solution. It seems to me there should be some uniform minimum setback and maximum setback on the west side of the street and everybody can go farther. I am willing to go along with the 50-foot setback with the 38-foot setback on that cen- ter extension. Councilman Jett: I think we should set it up in the records somewhere, a minimum and maximum setback. Councilman Snyder: I agree that we need to set a min- imum standard of setback on Azusa Avenue. I am happy to see this pos- sible compromise. Councilman Heath: If Mr. Scott's tenants agree to this compromise, I would go along with it; however, I,would like to reverse final action until I see how his tenants act. Mayor Barnes: I feel this is a very good solution and I would like to see Mr. Scott granted two weeks to our next regu- lar meeting in order to contact his tenants to see if this is all right. Mr. Aiassa: We must note that your next meeting will be on Tuesday, September 11, because the loth is a holiday. Motion by Councilman Snyder, seconded by Councilman Towner, and car- ried, that Precise Plan of Design No. 326 be held over until the next regular meeting of the City Council, September 11, 1962. (Councilman Jett voted "No".) ZONE CHANGE NO. 224 and LOCATION: 19600 Valley Boulevard TENTATIVE MAP OF TRACT NO. 27416 between Center Street and and Camino de Teodoro. VARIANCE NO. 397 Pickering Enterprises, Inc. Request to reclassify from M-1 (In - APPROVED terim) and A-1 10,000 (County) to zone C-2 and R-1 Area District I approved by Planning Commission on August 1, 1962; Tentative Map of Tract No. 27416 approved and Variance No. 397 approved August 1, 1962. Mayor Barnes: This is the time and place for the public hearing. -12- C. Co 8-27-62 Z.C. 224,- Continued Page Thirteen IN FAVOR Mr. William Evans I have presented most of the facts 3236 North Peck Road to the Planning Commission regarding . E1 Monte this case and to the joint session of the Council and the Commission. I am not going into that again and take up further time. I will be happy to answer any questions you might have regarding this matter if they come up. We are in agreement with the conditions of approval on the Tentative Map by the Planning Com- mission and also on the zone variance. There being no further public testimony, the hearing was closed. Mr. Flotten, City Clerk, read Planning Commission Resolutions No. 1235 (zone change) and 1236 (Variance). • • Councilman Towner: I differ from the Commission with the justification of some lots to go lower than the 7,500 square feet. I think it is only when the adjoining property has smaller lots that you can justify a smaller lot. I think on this ground they have estab- lished a basis for variance, but I wouldn't want the record to show that we are permitting a variance solely on the basis of topography. Councilman Jett: Has the fire problem been worked out? Has the Police protection been worked out? Mr. William Evans: I believe there have been arrange- ments with Chief Wetherbee and the the Los Angeles County Fire Depart- ment has been contacted for servicing this area. If requested, we will set aside a lot or so in a designated location for a future fire station if it is needed. There was some discussion that it might be better lo- cated further north in other property that would be developed later. Mr. Aiassa: In your folder tonight I have given you alternates for the fire protec- tion. I think the most logical way is that as long as there is no construction underway that the City con- tract with the County using our general contract provision and provide the contract through the County services and pay it out of the General Fund. As far as police protection, this is something that we have not completed investigation on. We may also have to contract for police service from the County. Councilman Jett: ahead and give permission to this Mr. Aiassa: Councilman Towner: Mr. Aiassa: It would be my opinion that we should have a definite program of what we are going to do here before we go gentleman to start a subdivision. We are proposing a fire station in 158. We are not proposing a fire station in this area at all. The City administration is taking, steps to see that police and fire protection is provided when develop- ment takes place in this area? Yes. -13- C. C. 8-27-62 Page Fourteen ZONE CHANGE NO, 224 - Continued Motion by Councilman Snyder, seconded by Councilman Towner, and car- ried, that Zone Change No. 224 be approved. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that Tentative Map of Tract No. 27416 be approved subject to all condi- tions of the Planning Department. Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that Variance No. 397 be approved subject to all conditions set down by the Planning Commission, Mr. Flotten: You are now including Annexation- No. 174, in this development which is a strip of land along Valley Boulevard and you will have to include this annexation in your motion, if, as and when it is annexed. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that it be made clear that the previous motions as to the zone change, the tentative map and the variance included Annexation No. 174 if and when it is annexed to the City. ZONE CHANGE NO. 226 and LOCATION: 130, 138 Barranca Street PRECISE PLAN OF DESIGN NO. 327 and 3023, 3033 Virginia Gladstone, Inc. Avenue between Garvey DENIED Avenue and Virginia Avenue. • Request to reclassify from zone R-A to zone R-3, and for adoption of Precise Plan of Design No. 327, denied by Planning Commission on August 1, 1962, Resolutions No>1245 and 1246. Appealed by applicant on August 3, 1962. Mr, Flotten, City Clerk, read Planning Commission Resolutions No. 1245 and 1246. Mayor Barnes: This is the time and place for the public hearing, IN FAVOR Mr, Robert Osborne I-represen.t Gladstone:, Incorporated,, 1514 East Colton The zoning around the subject prop - Redlands erty is C-2 and R-3 on the north, R-3 on the west, "A" on the south, but this corner is being used by the local water company, as a reservoir which may or may not be classi- fied as a M use of that property. (Explained maps.) It would not be practical to develope this as R-1 property. We would get about seven lots out of this property on a R-1 basis, The zoning that exists, the uses that have been made of the property so far have made these two particular properties a typical R-3 development. Our developments are of the garden -type,. We have applied for a density of 16 per acre on 22 acres. This property is.:on a secondary highway and I don't think many of us would like to have a residential house on a secondary highway. We have made a very thorough survey and we find no area where we can build apartments that we would be proud to build in the $156 to $200 a month class. The only ones submitted to us were up along Azusa Avenue abutting right on the freeway, with apartments there renting from $75 to $100 a month. We are not looking for that sort of a site. If this property is developed according to our plan it will be a definite asset to the whole community; it will take away an eye sore and fire hazard and -the taxable income to the City would be much greater. -14- • C. C. 8-27-62 ZONE CHANGE NO. 226 - Continued IN OPPOSITION Mr. Grayden 3102.Virginia Avenue West Covina denied on the basis that it won't zoning problem here. I think you cause you are ultimately going to This R-3 will move on and on. Mr. Bradford Tosier 3203 Virginia Avenue West Covina guments. In this room properties waiting to petition to have their Mr. William Burger 3153 Virginia Avenue West Covina Page Fifteen I am across the street from the property in question. I repre- sent a group of home owners who live in this area. We are asking that this particular request -be solve our problem. It -is a spot- have to consider the whole area be have to decide the rest of the area. Mr. Grayden has, for the most part, covered our main arguments. We have in the last 10 years been down here innumerable times and we almost hes- itate to constantly repeat our ar- tonight there are property owners of the adjacent see this passed and I am sure they will immediately property zoned likewise. couldn't be divided correctly of the property could see fit peice of land here and perhaps Mr. Leonard T. Moffett 3211 Virginia Avenue West Covina REBUTTAL Mr. Robert Osborne: I am opposed to this plan for the reasons that Mr. Tosier and Mr. Grayden have already given. It was brought out by the gentleman from Gladstone Builders that this land into R-1, but I believe if these owners to get together, they have quite a good something could be done. I go along with Mr. Grayden and Mr. Tosier in my objections to it. Mr. Grayden's main contention was if you rezoned this, all the rest of it would be rezoned. I think it is a perrogative of the Council; you can or you cannot, as you see fit. I don't think it is pertinent to this hearing. These apartment houses will be equal to and better than most of the houses in that part of town. I feel in all fairness as we plan our cities we must make room for certain modes of living and that the tendency now is apartment - house living more than it has been in the past and I think we must con- sider that when we are developing our cities. There being no further public testimony, the hearing was closed. Councilman Heath: On the precise plan it shows a proposed street heading north and south coming off Virginia Avenue. Is that in your plan? Mr. John Hiatt: At the time when we were up before the Planning Commission they asked if we could have a street off Bar- ranca. Due to the narrowness of the property we couldn't, so at the suggestion of the Planning Commission we drew up this here with the 60-foot street going in between two houses and going back. This street is under our control and in our plan. We have control of the property it will be going through. -15- • C. C. 8-27-62 Page Sixteen ZONE CHANGE NO. 226 - Continued Councilman Towner: We have gone through this problem before and the primary -question would be not so much the nature of the development, but the potential creep to the east and I think this is the thing most people are worried about. I think it would be suit- able in the area if it could be contained. This has been proposed be- fore and at that time the Council did not think it would be proper. - Since that time, we have had General Plan studies and again I have con- sidered this, giving it the overall look on the property south of the the wash there and it is my recollection that the recommendation of the Planning Commission is that this be low density development; in other words, R-1 single-family homes. Mr. Doshe Councilman Towner: in the City. I think we want them be provided for it. I guess under and our prior actions that we could be one of those places. I believe that is correct. I think we are going to have to accommodate these newer types of apartment developments somewhere and need them and some place should the existing General Plan proposal not consistently consider this to Councilman Snyder: I think the land use study shows that we already have R-3 zoned in excess of our needs at the present time and I think to zone any more R-3 would need overwhelming factors in favor of it. I can see no change in this application; it is no better than the previous one which we turned down and I would use the same arguments in denying an R-3 for this application. Councilman Heath: This has been a problem piece of property for a long time. At this time I don't know what the solution is going to be. I think the only solution will be when someone takes hold of the whole area and lays out a plan that is agreeable to all the people in the area and to all the property owners in the area. I do feel that this comment has bearing on the fact that if you start R-3 on the east side of Barranca that it is going to grow. I don't know the solution to this area, but I don't think this is it unless it is an over-all plan for the whole island where you have the property owners participating or in agreement. Councilman Jett: If you are going to build a city, you can't do it by denying those people the right to build some- thing who.want to develop your city. Here are some people who want to develop the type of apartments that we say we want to bring into West Covina. In my opinion, this area is going to have to be developed into something The fact that nobody has gone in there and attempted to develop it as a residential area indicates that it is not a very desirable area for this; the fact that there have been several applica- tions to secure R-3 zoning on this indicates that it is a good area for an R-3 development. Mayor Barnes: us any other street patterns that st could be developed R-l? Mr. Dosh, we have many studies of this particular area and of the area to the east. Do we have with would show how this property to the -16- • C. C. 8-27-62 ZONE CHANGE NO. 225 - Continued Mr. Dosh: Page Seventeen All these studies we have here indicate some R-3 use be made in request for rezoning.Every map considers the use of R-3 to the west. The study, Study 35-A, is the closest one to it. Mayor Barnes: I feel that we do need better R=3 in the City, but I don't feel this is the place for it at this time because if you are going to plan R-3 for this particular area it"should all be planned for R-3 and not be done piece meal. I am not in agree- ment of a piecemeal development here. I think we should have'a'plan- ning study done to show this as R-1 low density and how we can accom- plish it. If we can't do that then we will have to do something about it. Motion by Councilman Snyder, seconded by Councilman Towner, that Zone Change.No. 226 be denied. Motion passed on roll call as follows: Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes Noes: Councilman Jett Absent: None Motion by Councilman Snyder, seconded by Councilman Towner, and car- ried, that Precise Plan of Design No. 327 be denied. (Councilman Jett voted "No".) VARIANCE NO. 389 and LOCATION: Northeast corner of • TENTATIVE MAP OF TRACT NO. 25765 Cameron Avenue and Fontana Enterprises Barranca Street. APPROVED Request to permit a variatiod from the minimum lot size in Area Dis- trict IV denied by Planning Commission Resolution No. 1237. Appealed by applicant on August 3, 1962. Tentative Map of Tract No. 25765 approved by Planning Commission on August 1, 1962. Mayor Barnes: IN FAVOR This is the time and place for the public hearing. Mr. R. H. Stone At the last Planning Commission 813 South Magnolia meeting we were notified at the West Covina' meeting if we would get a few of the lots within 3% of 20,000 square feet they would accept the variance on a few of the lots. Our engineer, Mr. Ted Walsh, did this and we came up with some lots at 19,400 square feet and some lots at 19,800 square feet. We cannot vary this mark here because this is a permanent easement for the water company. Since the Planning Commission turned the variance down, I have had a talk with,the opponents against our subdivision and I came up with a new layout where there would be only two lots asking for variance. One lot would be on the corner of Barranca and would be 17,500 square feet and the lot across the street would be 19,500 square feet. The balance of the complete subdivision will be over 20,000'squar.e feet. I think due to the piece of property, the size and footage of the land we need a variance. -17- C. C. 8-27-62 Page Eighteen VARIANCE NO. 389 and TENTATIVE MAP NO. 25765 - Continued Mr. Ted Walsh This street pattern is just 127 North Lang Avenue about the only thing'we can arrive West Covina at on this piece -'of property.' We would like to have some comment here what you would think -about a solution here to get the lots out of it. Mr. Stone suggested that we make these lots 20,000 and throw the shortage'in the'one on -the bottom and the same on the other side. We can get a variance on these two or adjust it back and forth and get a variance on seven of them which would be just a little bit under. We have one lot that may be short of the width but it would have the 20,000 square feet. IN OPPOSITION Mr. George Burkheimer This is the seventh public hearing 2615 North Prospero Drive that has been held on this particu- lar piece of property. It is -my understanding that in order to get a variance the burden of proof is on the applicant that he is under undue hardship or that he is being deprived of a certain right accorded to others under similar circumstances. The property all around here is developed as Area District IV or R-A 40,000 under the County. 20,000 square feet is not the maximum size, it is the minimum size. I believe if this is granted they are going to want to get more variances on property beyond here. Mr. Chris Justi I am representing 52 home.owners 3133 Sunset Hill Drive in this area. I think we have only West Covina one basic difference with the de- veloper here. Practically all around this is 40,000 square feet plus and in this area it is 20,000 square feet. We do not want to set a precedent. If the Council feels that the applicant has a hardship to the contour of the land or he is being denied something then we suggest that they follow that course of action. We would like to see the Council definitely indicate that it is the feeling of the Council that this area being considered is no less than 20,000 square feet per lot and that any deviation, if there is one, is because of hardship and that a precedent not be set. Dr. Elshire I only wish to emphasize what has 19101 East Cameron already been said. No hardship Covina has been demonstrated; the City is not in the business of attempting to set forth any suggestion or ideas as to what is a correct precise plan and it is up to the propo- nents to give you a plan that they feel is adequate and I think that the elimination of two or three homes in the project will amply take care of the whole problem. Mr. Robert Neal I am spokesman for that Association. Secretary We are concerned with this property Covina Highlands Civic Asso. in that we believe that any zoning other than, the Area Distric IV east into the area and the organization might tend to creep in farther and the people who belong to the Highlands Association have requested me to appear to ask the Coun- cil not to vote for, a variance. mom C. C. 8-27-62 Page Nineteen VARIANCE NO. 389 and TENTATIVE MAP 25765 - Continued REBUTTAL Mr. Ted Walsh: If it was a case of just dropping a lot in herd, -that is one thing, but this tier of lots on that one side, the only way you could possibly get the area is to make lots 156 feet wide. I don't think anybody -wants such a wide lot*. I think that is the main concern of the subdivider; the big problem we'have had -in - this property is the excessively wide lots. If this man"is to develop this property on this street pattern, which is the only pattern we can arrive at, do you want 156-foot wide lots in there? Mr. R. H. Stone: The property east of Barranca'is supposed to be in zone IV. -The tract we are doing now, which is east of Grand and west of Barranca and south of Virginia is Area III and 15,000 square feet. There being no further public testimony, the hearing was closed. Mr. Flotten: I have a letter signed by Dick Stone directed to the City of West Covina regarding Variance No.. 389 and Resolution No. 1237 requesting that Mason T. Noice's name be dropped from this application. I also have a letter here in opposi- tion to the subdivision signed by Mr. George E. Burkheimer and the Council has copies of these letters. (Read Planning Commission Reso- lution No. 1237.) Councilman Snyder: Does your study show to put Area District IV you would end up with 156-foot wide lots? Mr. Dosh: There is no question about it be- cause of the shape of the property. Councilman Snyder: What depth would they be? Mr. Dosh: They would be 156 feet deep; the lots would be square. Councilman Heath:- I sat in as a Council representa- tive in the Planning Commission meeting when this was brought up and Mr. Walsh explained this problem to the Commission, told them that this land would develop with much wider lots on one side of the street than on the other side of the street, pointed out that it would not .make a good development and told them what he has told us tonight. As you can see from the resolution, it was a split vote and the people who voted against Mr. Walsh's plan voted against it for the main reason that they would not go under 20,000 square feet under any condition whatsoever. I feel from the tone of their conversation that'if these lots were 10 feet under 20,000 they would reject it and the reason would be because of the fact that they want: to adhere emphatically without doubt, without any circumstances, to 20,000 feet and nothing less than 20,000 feet. I don't see how this development shown by . Block Study No. 65-A is any sensible development and it is a hardship on the man. They have tried seven times to ple se us and this time they have come out with four lots 600 ff,5hcit�0,000'° and I believe four lots at 400 square feet :hoYo 2d',000. Being as close to it as I am, and being as close to it as I have been on annexations, I cannot help but think in my own mind that we lost #170 and #175 annexations because of the action that was taken over this piece of property here, over a very small variance and it was, in my estimation, the best solu- tion of what could have been done with the land. -19- C. C. 8-27-62 Page Twenty VARIANCE NO. 389 and TENTATIVE MAP NO. 25765 - Continued Councilman Snyder: Is there a setback on the houses in this district? Mr. Dosh: Just 25 feet standard. Councilman Snyder: I would agree with everything Mr. Heath has said. I think to force him to develop it according to this Plan 65-A, they are going to be grotesquely shaped lots. I really don't feel, if you take a reasonable approach to it, that anybody driving down the street in this development up here would notice any difference. It would look better in the plan provided by Fontana Enterprises because the lots will be better placed. Councilman Towner: As I understand it, there is some alternative on what variance might be granted if it is granted. I Am inclined to think with the fixed boundaries that they have to work with here that they do lie in a peculiar situation and that there is some hardship. If there is going to be a variance, I think it should be spread out over approximately seven lots on the southerly tier there. Mr. Ted Walsh: On Study B, these lots are 19,400, 19,400 and 19,400; Lots 11, 12 and 13 are 19,800. Or, we can shift this street just a little and make these 19,600, 19,600 and 19,600 and make the ones across the street the same, 19,600. That is 2% less than 20,000. Mayor Barnes: When this application came in before, it was for Area.�District III. I could not see having Area District III across Barranca in this area. I felt at that time, if this should work a hardship, and it looked, from the street pattern, that it would, that it should be Area District IV with a variance. I would much more be in favor of evening up the lots rather than have a small 17,500 lot at the front of the subdivision at Barranca Street. Motion by Councilman Snyder, seconded by Councilman Towner, and car- ried, that Variance No. 389 and Tentative Map of Tract No. 25765 be approved according to the map of Study Plan "B" and subject to the following recommendations: (1) That all conditions specified in Planning Commission Resolu- tion No. 567 be complied with; (2) That sanitary sewers be provided; (3) That the required street improvements include those portions of Barranca, "B" and "C" contiguous to subject property and also provision be made for concrete curbing and gutters on Cameron Avenue; (4) That access rights to lots No. 1, 10, 11 and 24 from Barranca and Lots No. 19 and 20 from Cameron Avenue be dedicated to the City; (5) That sidewalks be constructed along Barranca Street; (6) That all lots conform to Area District IV requirements except Lots Lots No. 11, 12, 13, 21, 22, 23 and 24 and Lot No. 1 and that No. 11, 12, 13, 21, 22, 23 and 24 will be 19,600 square feet in size.and Lot No. 1 will be allowed the width of 107 feet; -20 - C. Co 8-27-62 Page Twenty -One VARIANCE NO. 389 AND TENTATIVE MAP NO. 25765 - Continued (7) That a one -foot lot on the west side of "C" street be dedi- cated to the City of West Covina in fee simple; (8) That a one -foot lot on the west side of "B" street be dedi- (9) cated to the City of West Covina; Conformance - to Fire Department requirements: a) Applicant must install water mains as required; b) Applicant must install fire hydrants as required by Fire Department; and - - � . -' .. 1. (10) That this be subject to all recommendations of the Planning Commission for the Tentative Map except Item b) under condi- tion No, 9, BALLET PROGRAM Mrs. Hells: I represent about 150 mothers who have children in a ballet program at present under Parks and Recrea- tion. There has been difficulty between the Parks and Recreation and the ballet instructor. Our instructor would like to have this co- sponsored by the City and the Parks and Recreation Commission, Councilman Heath: I presented this problem to the Recreation and Parks Commission last Thursday night and they are waiting for us to refer this back to them. They couldn't make a decision at that moment. I think our action tonight would be to take this regis- tered comment and refer it to the Recreation and Parks Commission, At • their meeting in about two weeks they could make a recommendation back to use This is ballet instruction and is self-sustaining and is no cost to the City. I understand that although other cities allow their mem- bers of the ballet group to compete in contests and so forth, that the City of West Covina does not condone this practice, further, that there is shown a definite need for an advance class and it doesn't seem to be possible to get this started even though the course is self-supporting. Mayor Barnes: I am.of the opinion that this should be referred to the Parks and Recrea- tion Commission for a report from them. I feel that as long as we have a self-sustaining orgainization that the children will patronize, and the parents are interested, that it is about the cheapest thing the Council and the City could possibly support as long as it conforms to our Recreation program, I feel this is very worthwhile. Mrs. Hells: Mr. Gingrich isn't too interested in it, stating that there were arguments between him and the in- structor. The boys have their baseball and their football and their Little League and the girls have nothing. Motion by Councilman Heath, seconded by Councilman Towner, and carried, that a copy of this letter with approximately 75 signatures be forwarded to the Council and the original and the other pertinent information be • forwarded to the Recreation and Parks Commission for a report back at the earliest possible time. -21- C. C. 8-27-62 RALPHS - ZODYS Voice: • Mr. Aiassa: Page Twenty -Two We have a letter before the Board. This is in regard to a drainage situation. We will have a report for them on September 11. Councilman Heath: I believe if we look back through the Minutes, I brought up the ques- tion of the size of this drain and I was assured that in case this drain was inadequate that the developers of Zodys and Ralphs would enlarge this drain to a satisfactory size. Mr. Aiassa: That is correct and that is what we are doing now. Voice: That is the problem; it is too large and it is going up our street. Mayor Barnes: We will have a report for you on the llth. HOBBY RACING CARS Mr. John Tiner I came in two weeks ago and made John's Hobby Shop an -"application for another business 117 South Glendora Avenue license to open up another hobby shop. • West Covina According to Section 4115, referring to minature race cars, I am breaking the law. These items can be found in any toy store, department store or hobby store. I would like to have this law changed if it is possible. Councilman Snyder: The intent of the ordinance is to prevent a gambling device. I think the Council could declare that this doesn't pertain. Motion by Councilman Heath, seconded by Councilman Jett, that the Coun- cil find that minature automobiles in the form of slot racing for the purpose of being a hobby does not apply to Ordinance No. 4117 of the West Covina Municipal Code as long as there is no wagering or gambling. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes. Noes: None Absent: None VARIANCE NO. 398 and LOCATION: Between Mobeck Street and PRECISE PLAN OF DESIGN NO. 331 County Flood Control Fernwood Enterprises Channel HELD OVER • Request to permit apartments in zone R-A with reductions in re- quired rear yard setback, distance between buildings, parking, and to permit two-story structures within 100 feet of property zoned R-1; and request for adoption of Precise Plan of Design; denied by Plan- ning Commission Resolutions.No. 1243 and 1244. Appealed by applicant on August 3, 1962. -22- • n U C. C. 8-27-62 Page Twenty Three VARIANCE NO. 398 and PRECISE PLAN NO. 331 - Continued Mr. Flotten: At the request of Mr. Egly, attorney for the applicant, they would like these matters held over until Sep- tember 11. Motion by Councilman Towner, seconded by Councilman Heath, and carried, that Variance No. 398 and Precise Plan of Design No. 331 be held over at the request of the applicant to September 11. UNCLASSIFIED USE PERMIT NO. 65 LOCATION: Southwest corner of and Glendora Avenue and PRECISE PLAN OF DESIGN NO. 329 Merced Avenue Harkar Development Corporation APPROVED Request to permit construction, operation and maintenance of a gasoline service station in zone C-1, and request for adoption of the Precise Plan, denied by Planning Commission Resolutions No. 1240.and 1241. Appealed by applicant on August 9, 1962. Mayor Barnes: This is the time and place for the public hearing. IN FAVOR Mr. Ray Bondman I have been here many times on this. Arcadia I don't think I need say anything more. I am here to answer any ques- tions you may have. There being no further public testimony, the hearing was closed. Councilman Towner: Since apparently this is fairly well committed to service station use, what provision has been made on the precise,plan to protecting these homes that are immediately ad- jacent to it and in which people now live? Mr. Aiassa: Councilman Towner: There is a block wall fence. Anything besides a block wall? Mr. Flotten, City Clerk, read Planning Commission Resolution No. 1240 and the conditions contained therein and also the conditions by the Planning Department if the -application is approved. Councilman Towner: I think the conditions suggested by the Planning Department are fine with one possible addition. I think they should be required to provide lighting which is not a nuisance to the adjacent residential property. Mayor Barnes: I feel this planting area along • the curb is just.a paper and trash catcher. I don't think, in an area along a main travelled street, that this is going,to be too good because the rest of the area hasn't developed like this. I also like Councilman Towner's idea of the controlled lighting. -23- • C. C. 8-27-62 Page Twenty Four UNCLASSIFIED USE PERMIT NO. 65 and PRECISE PLAN NO. 329 Councilman Towner: You could add to your conditions that the planter on the northeast corner of the lot be controlled so that it is no higher than 42 inches and let them choose their own shrubs. I am against the unclassified use permit so I am not in a positicn to take any action. Motion by Councilman Jett, seconded by Councilman Heath, that Unclassi- fied Use Permit No. 65 be approved. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Mayor Barnes Noes: Councilmen Towner, Snyder Absent: None Motion by Councilman Jett, seconded by Councilman Heath, that Precise Plan of Design No. 329 be approved subject to the recommendations of the staff with the following additions. (1) That the planter on the northeast corner of the lot be con- trolled so that it is no higher than 42 inches; and (2) That the applicant be required to provide lighting which is not a nuisance to the adjacent residential property. Motion .passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Barnes Noes: Councilman Towner Absent: None PLANNING COMMISSION METES & BOUNDS SUBDIVISION NO. LOCATION: North side of Merced 135-195 between Valinda Avenue Antonio M. de Uribe and and Gretta Avenue Beatrice H. de Uribe APPROVED 1.17 Acres - 4 Lots - Area District II Planning Commission recommends approval. Held over from August 13, 1962, pending report from Engineering Department regarding utilities and drainage. Mr. Flotten, City Clerk, read a report dated August 27, 1962, directed to the City Manager and the City Council from Thomas Dosh re Metes and Bounds Subdivision No. 135-195. Mr. Dosh: We will delete this requirement for the easement. Instead of having the easement cross the property, the property can be served from the west. The tentative map was drawn with the idea of water flowing westerly. Mr. Uribe has to get a letter from these people which will allow him to drain the little bit of water a westerly to this vacant land. At some time in the future when this cul-de-sac is developed then the water running downtbe street will have to go out a drain.:easement out to Merced or some other method. If he can't get this letter, he has to build up his lots and drain it the other way. If he just gets a letter from the property owners saying they will accept this, then it will be all right. I don't -think this is too much of a problem. -24- Co C. 8-27-62 METES AND BOUNDS SUBDIVISION NO. 135-195 - Continued Page Twenty Five Councilman Towner: This seems to answer the -questions that we raised when we last had -it under consideration, that this pro- perty can be served with utilities without -an easement -going across the back of the property. As far as the drainage is concerned, I think'a drainage letter has been our practice in the past and on a temporary basis I would be willing to do that. Motion by Councilman Towner, seconded by Councilman Heath, and carried, to approve Metes and Bounds Subdivision No. 135-195 subject to the. Planning Commission recommendations with the exception of Recommenda- tion.No. 1 and subject further to the providing of a drainage letter if approved by the City Attorney; otherwise, to provide drainage on the developer's own property. METES & BOUNDS SUBDIVISION LOCATION: Northeast corner of Vine NO. 135-199 and Glendora Avenues Ardin Hotchkiss APPROVED 0.92 Acre - 4 lots - Area District II Mr. Ardin Hotchkiss explained the metes and bounds map. Councilman Jett: Why would he have to have a metes and bounds subdivision? Acting City Attorney, Because it is under a single owner - Mr. Newell: ship. • Councilman Towner; If we split this property it should be split with some acknowledgement of the over-all development in the area. If you cut these lots off then you are going to have to provide access to the back and I thought we had provided for that under the precise plan. Councilman Heath: Mr. Newell: Councilman Heath: Mr. Newell: Mr. Bill Dorrett Pond Engineering Company 278 Rowland Avenue SCouncilman Heath:, Mr. City Attorney, do we have to act on this tonight? Does it be- come final if we don't act on it tonight? You can continue it to any date you wish. Without it automatically being passed? Yes, you can take a firm action to continue a matter. Mr. Heath, what reason would you have for postponing it at the present time? Only if the matter isn't cleared when they bring in the original precise plan. -25- • C o C o 8-27-62 METES & BOUNDS SUBDIVISION NO. 135-199 - Continued Page Twenty Six Mr. Bill Dorrett: I have seen the original precise plan and Mr. Hotchkiss couldre move the lot line between parcels 8 and 9 and make one parcel out of those two 45-foot pieces. One par= cel is already in a R-A zone and it is deliniated in the precise plan, Councilman Snyder: Mr, Bill Dorrett: Removing the line certainly solves the problem, doesn't it? Yes. The purpose of this line carries no meaning, really, and it could easily be deleted and make it a three -parcel metes and bounds subdivision, Mr. Newell: If it is common ownership, no mat- ter what you approved on a precise plan they have to have a recorded map on this to get titles This map is not now correct because there are now three lots instead of four, Councilman Snyder: Is it possible that he could keep his line in there but offer an easement across that lot to give access to the back of that other lot? Mr. Bill Dorrett: Would it not be possible through the action of the Council tonight to approve this subject to the accomo- dation of interests of one lot with the understanding and the approval of the owner without having to go back through refiling and all the rest of this? Mr, Newell: It could be done, yes, but a new map would be submitted, wouldn't it? Mr. Bill Dorrett: The final map would have to delete this if it was so moved by the Council. Motion by Councilman Towner, seconded by Councilman Heath, to approve Metes and Bounds Subdivision No, 135-199 subject to the recommendations of the Planning Commission and subject to the further condition that parcels 8 and 9 not be divided but be kept together as a single lot. There was no action taken on this motion as no vote was taken, Mr. Bill Dorrett: The City has a deed to this alley and it does exist as a deed to the City. We would appreciate that provisions for improvement of this alley could be deleted or waived in- sofar as this action is concerned. Mr, Dosh: We have a substandard alley al- e ready approved by the City. Mr. Bill Dorrett: The precise plan covers the two lots adjacent to the alley and at such time that he developes this property it seems to me that the conditions set on a precise plan could be the improvement of this alley but not necessarily should he be tied to it as far as the sale of this particular piece of property. -26- , Co Co 8=27=62 Page Twenty -Seven METES AND BOUNDS SUBDIVISON NO. 135-199 - Continued Mayor Barnes: Councilman Towner': • Mr, Dosh: Councilman Towner: Councilman Jett: n \.J I would rather see' -,the developer improve the alley. I think there is merit to the theory that it ought to be improved at the time the property developes instead of now. If we already have this dedication in this alley, they could have filed a map and left lot 7 off because it is not a part of the parcel after all. Does the staff want the requirement that the alley be improved? I don't think you can do it if it is a dedicated alley. Motion by Councilman Towner, seconded by Councilman Jett, and carried, to approve Metes and Bounds Subdivision No. 135-199 subject to the recom- mendations of the Planning Commission with the exception of the deletion of Recommendation 4 and subject further that the lot line between pro- posed lots 8 and 9 be deleted and that be a single lot. (Councilman Heath voted "No",) Councilman Heath: Councilman Towner: Mayor Barnes: CITY CLERK'S REPORTS (Continued) I move we vacate the alley on Metes and Bounds Subdivision No. 135-199 between parcels 7 and 8. I would like to see what the City staff thinks on that first. The motion is lost for lack of a second, ACCEPT SANITARY SEWER FACILITIES LOCATION: Seminary Knolls, Covina California Baptist Theological Seminary Accept sewer facilities and authorize APPROVED release of Aetna Casualty and Surety Company bond No. 33 S 54122 in the amount of $1,OOO.00. Motion by Councilman Towner, seconded by Councilman Jett, and carried,; to accept the sanitary sewer facilities and release the Aetna Casualty and Surety Company bond No. 33 S 54122 in the amount of $1,000.00. RELEASE $1,000.00 STREET Principal: M.C. Nottingham Co. of EXCAVATION BOND Southern.:California.:. Authorize APPROVED release of Hartford Accident and • Indemnity Company bond in the amount of $1,OOO.00. All obliga- tions guaranteed by this bond have been satisfactorily fulfilled. Motion by Councilman Towner, seconded by Counci1nan Heath, and carried, to authorize release of Hartford Accident and Indemnity Company bond in the amount of $1,000.00. -27- i • • C. C. 8-27-62 C I TY CLERK RESOLUTION NO. 2442 ADOPTED Mayor Barnes: Page Twenty -Eight The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA FIXING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAXATION FOR THE FISCAL YEAR BEGINNING JULY 1, 1962" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Noes: None Absent: None Councilman Jett: Heath, Snyder, Mayor Barnes Said resolution was given No. 2442, RESOLUTION NO. 2443 ADOPTED Mayor Barnes: I abstain The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA FIXING THE RATES OF TAXES AND LEVYING TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 19621, Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Councilman Jett: I abstain Said resolution was given No. 2443. RESOLUTION NO. 2444 ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GIVING NOTICE OF PROPOSED ANNEX-* ATION TO THE CITY OF WEST COVINA, CALIFORNIA, OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN ADJACENT AND CONTIGUOUS TO THE PRESENT CITY LIMITS OF THE CITY OF WEST COVINA AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO" (Annexation No. 171) 190 C. C. 8-27-62 Page Twenty Nine RESOLUTION NO, 2444 - Continued Mayor Barnes: Hearing no objections,'we'will' waive further reading of the body of the resolution, • Motion by Councilman Heath, seconded by Councilman Towner, that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent None Said resolution was given No. 2444, RESOLUTION NO. 2445 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF WEST COVINA, CALIFORNIA, OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN ADJACENT AND CON- TIGUOUS TO THE PRESENT CITY LIMITS OF THE CITY OF WEST COVINA, AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO" (Annexation No. 172). Mayor Barnes: Hearing no objections, we will waive further reading of the body is of the resolution, Motion by Councilman Towner, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No. 2445, PROPOSED ANNEXATION NO. 178 Report received from County Boundary Commission. Request permission to refer to Planning Commission for report. Mr, Flotten, City Clerk, presented maps which were studied by the Council. Motion by Councilman Heath, seconded by Councilman Towner, and carried, to refer proposed annexation No, 178 to the Planning Commission for report. i CITY ATTORNEY ORDINANCE NO. 752 The acting 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" (Zone Change 221 - Pizzo) -29- • C. C. 8-27-62 Page Thirty ORDINANCE NO, 752 - Continued Motion by Councilman Towner, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Towner, seconded by Councilman Jett, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath Noes: Councilman Snyder, Mayor Barnes Absent: None Said ordinance was given No. 752. ORDINANCE INTRODUCTION The acting 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" (Zone Change 222 - Fontana Enter- prises and Mason T. Noice) Motion by Councilman Towner, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Towner, and carried, that said ordinance be introduced, CITY MANAGER'S REPORTS STATEMENT OF CERTIFIED VALUATIONS AS CERTIFIED BY THE AUDITOR -CONTROLLER FOR THE FISCAL YEAR 1962-1963. Motion by Councilman Towner, seconded by Councilman Jett, and carried, that the Controller's Fiscal Report of 1962-1963 be accepted and placed on file. REVIEW PLANNING COMMISSION ACTION OF AUGUST 15, 1962 CITY TREASURER So indicated by Mr, Flotten, No items called up for hearing by Council other than those already scheduled. Motion by Councilman Heath, seconded by Councilman Towner, and carried, to accept the Treasurer's Report for July, 1962. CITY MANAGER'S REPORTS - Continued BUDGET DEFICIENCY Mr, Aiassa: There is an over draft of about $19,000.00. Finance Department didn't transfer over the large deposit of weed abatement money. Don't worry About it being short, -30- C. C. 8-27-62 PETITION REQUESTING TRAFFIC STUDY AND IMPROVEMENT ON PIMA STREET Page Thirty One Motion by Councilman Heath, seconded by Councilman Towner;"and'carred, that this matter be referred to the. City Manager for a report to the Council. TEMPORARY USE PERMIT APPLICATION Sunset School P.T.A. Motion by Councilman Towner, seconded by Councilman Heath, and carried, that permission be granted to the Sunset School P.T.A. to conduct a carnival on October 13, 1962, subject to the review of the City Staff-. APPLICATION FROM COMMUNITY PRESBYTERIAN CHURCH Motion by Councilman Heath, seconded by Councilman Towner, and carried, that permission be granted to the Community Presbyterian Church to hold their annual bazaar on September 29, 1962 from 2:00 P.M. to 9:30 P.M. subject to Committee approval. TEEN-KAN-TEEN Councilman Heath: I talked to the Recreation and Parks Commission. 'Teen -Kan -Teen was supposed to start laying brick and re-inforcement this past Saturday.. They are now supposedly starting to move. They have no target date to give me. ENGINEERING - Surveyors Agreement Mr. Aiassa: You have, all received copies on this surveyors,agreement. I need to go ahead and amend the contract so they all read the same with the new increase. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the City Manager be instructed to correct the statement to adjust it to the new rates requested by the three engineering concerns. CHARGE REDUCTION FOR CONSULTATION SERVICES Mr. Aiassa: Mayor Barnes: • Mr. Aiassa: On consultant services from Mr. Harold Johnson, he._,has.suggested reduction.'of the base rate. I would like to have this in a study session. All right. -31- y • C. C. 8-27-62 Page Thirty Two CITY MANAGER'S REPORTS - Continued SUB STATION NORTH OF THE FREEWAY Mr. Aiassa: I would like to confirm the Plan- ning Commission's action on the tentative approval of the rendering and plot plan of the proposed fire station. We would like to plant full-grown trees. We will get the final plan in about 60 days. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to tentatively approve the plot plan and the rendering on the fire station on:Puente Avenue and proceed in`:the final plans. RECOGNITION OF PONY COLT BASEBALL LEAGUE Mr. Aiassa: Mr. Dosh: Mr. Aiassa: DEMOLITION OF BUILDINGS Mr. Aiassa: Councilman Jett: Mr. Aiassa: COUNCIL NEWSLETTER Mr. Aiassa: this over and we will phone what you think of it. MERCED ALIGNMENT They might win the tournaments and so I need approval to make this expenditure as we did last year to buy jackets. They are out of the running now. All right; we will forget about it then. We have removed, up to this date, 15 buildings, one lath house and one lumber pile. Do we have a demolition ordinance? Yes. Gerald Weeks is trying to.put out a service newsletter for the Council and I would like to have you look you later this week and you let us know Mr. Aiassa: We have made a tentative study on Mr. Jones' property on Merced Avenue alignment and we have to show some relationship here of what we call participation by the owner and parti- cipation by the City. I need authorization from the Council to proceed on finding the values of the two houses that we are in the process of taking by condemnation. Perhaps I should have some Councilmen with me when we talk to Mr. Jones. Perhaps he will buy this property for a higher use. I believe he has stated in the past that he will be willing to buy this property. I would like the Council to accept the final design of the cul-de-sac of the old Merced Avenue and refer to Plan No. 0238D (old Merced alignment) as exhibit for file reference. -32- • C. C. 8-27-62 CITY MANAGER'S REPORTS - Continued MERCED ALIGNMENT - Continued Page Thirty Three Motion by Councilman Towner, seconded by Councilman Jett, and carried, to accept the final design of the cul-de-sac of the old Merced Avenue as in Plan No. 0238D. Mr. Aiassa: I would like to have the Council agree on this participation be- cause I am going to have to have a meeting with Mr. Jones. If the developer gives the full right of way for a street, the City comes in and paves. I am going to meet with Mr. Jones. I have to tell him what his particiapation will be. Motion by Councilman Towner, seconded by Councilman Snyder, to approve participation in accordance.with the Plan No. 0238D except for ,that portion easterly of the west property line of Mr. Skelton's property. Motion passed on roll call as follows: Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes Noes: Councilman Jett Absent: None Councilman Jett: In my opinion, this is discriminatory. COUNCIL COMMITTEE REPORTS REAPPORTIONMENT Councilman Heath: Councilman Jett: Councilman Towner: Mayor Barnes: Councilman Snyder: MATERIAL SENT TO COUNCIL Councilman Jett: Mr. Aiassa: There is a meeting on reapportion- ment on September 5 and I will attend. I am going. I am not going. I am going to try to go. I am not going because although I. will not oppose your resolution if you care to make one, I am not for it. Why do I get photostats that I can't read? We have had some very bad repro- ductions. Mayor Barnes: Don't send it out to the Council unless you can read them, Mr. Aiassa: MAYOR'S REPORTS All right, We try to get the best copies we can make. -33- t a � C. C. 8-27-62 MAYOR'S REPORTS Page Thirty Four VINE - GLENDORA SIGNAL Mayor Barnes: I received a note regarding the signals on Glendora and Vine. The report was that the Vine signal stays open just as long as the Glendora Avenue one does and traffic for these people in that area who are going to work in the morning bogs down and leaves Vine Avenue real clear but everybody on Glendora has to back-up and slow down because the timing of the signals is off. Will you check the timing of these signals? Mr. Aiassa: Yes. Councilman Heath: Also, could they -look at that one on Azusa Avenue north of the Free - Way? Mr. Aiassa: Yes. FIESTA WEEK Mayor Barnes: Fiesta Week will be September 1 to September 7, 1962. It is in re- gards to sister cities. If there are no objections, I will so pro- claim. • So proclaimed. UNION LABEL WEEK Mayor Barnes: Union Label week is to be the first week of September. Councilman Towner: I think I would object to it. Councilman Snyder: I object. I don't want to get into a long hassle about it, though. Councilman Jett: I am against it. Councilman Heath: I'll object.. Mayor Barnes: Mr. Flotten, will you so notify that the Council has objected to this proclamation? Mr. Flotten: Yes. Councilman Snyder: Let me read this letter. I don't object to this really. Councilman Heath: Neither do I. Councilman Jett: I haven't changed my mind. Councilman Towner: I think my objections stand. I am not satisfied in my own mind that this is appropriate. I think it is endorsing the union program and I think We ought to stand clear of it and let these partisans stand on their own. -34- • 0 Co Co 8-27-62 UNION LABEL WEEK - Continued Councilman Heath: Councilman Snyder: Page Thirty Five I think the union has done some good for the area and that is the reason why I would go for it. That is the reason I would go for it. They are not saying you should only buy things with the union label, it is just giving recognition to the labor movement, Councilman Towner: I think a City Council acting as a City body should refrain from partisan activities and should not participate in this typed thing where it is apt to be misunderstood or misinterpreted. Councilman Snyder: WIDTH OF BADILLO I don't think it should be proclaimed on a split Council. Mayor Barnes: The City of Covina contacted Mr. Aiassa in regards to the width of Badillo. I think we still stand on the idea that it shall be a hundred -foot street. Is this the feeling of the rest of the Council? Councilman Heath: Councilman Jett: Councilman Towner: CAPITAL IMPROVEMENTS I think so. Yes. I think we ought to stick with our 100-foot right of way. Mayor Barnes: We have to call a joint session with the Recreation and Parks Commission and we have to have a study session of our own. Would you rather meet with the Recreation and Parks Commission first before we have our study on capital improve- ments? Councilman Heath: Councilman Towner: Councilman Snyder: Councilman Jett: Mayor Barnes: Mr, Aiassa: Mayor Barnes: Yes, I would. Yes. Yes. I'll go along with that. I think we should have this meeting very soon, Mr. Aiassa; You can have it on the 17tho I do want a study session on the 4th; there are some things that I would like to get the Council's ideas on, -35- • • • Co Co 8-27-62 CAPITAL IMPROVEMENTS - Continued Mr, Aiassa: Councilman Towner: Councilman Jett: Councilman Heath: Councilman Snyder: ANNEXATION NO. 158 Page Thirty -Six I am going to be on my vacation. I may be out of town. I will be here. I can make it. I will be here. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Annexation No. 158 be referred to the Recreation and Parks Com- mission for report on their recommendation of park sites and their re- commendation is to be forwarded to the Planning Commission and the Planning Commission is to report to the Council on all zoning including the recommendations from the Recreation and Parks Commission. DEMANDS Motion by Councilman Snyder, seconded by Councilman Towner, to approve demands, B 2487-2499 and C 17116-C17206 totalling $424,994.40 as listed on demand sheets number C-258, 259 and B-1090 This total includes fund transfers of $388,468.59. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None There being no further business, motion by Councilman Heath, seconded by Councilman Jett, and carried, that this meeting be adjourned at 1:20 a.m. Next regular meeting on Tuesday, September 11, 1962. ATTEST - My ty Clerk Mayor -36 -