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09-11-1962 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA September 11, 1962 The regular meeting of the City Council was called to order by Mayor Barnes at 7:40 P.M. in the West Covina City Hall. The Pledge of Alleg- iance was led by Councilman Jett with the invocation being given by Rev. Robert Bergman, Our Savior Lutheran Church of West Covina. ROLL CALL Present: Mayor Barnes, Councilmen Jett, Towner, Heath, Snyder Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Harry C. Williams, City Attorney Mr. Thomas Dosh, Public Services Director Mr. Harold Joseph, Planning Director. Mr. Gerald Weeks, Administrative Aide (from 9:50 P.M.) APPROVAL OF MINUTES August 13, 1962 Motion by Councilman Jett, seconded by Councilman Heath, and carried, to approve the Minutes of August 13, 1962 as submitted. • CITY CLERK'S REPORTS METES & BOUNDS SUBDIVISION No. 135-184 ACCEPT STREET IMPROVEMENTS Charles W. Varney APPROVED LOCATION: Southeast Corner Rowland and Azusa Avenues. Accept street improvements and autho- rize release of Fidelity and Deposit Company of Maryland bond No. 7597154 in the amount of $6,200.00. Inspec- tor's final report filed. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to accept street improvements in Metes and Bounds Subdivision No. 135- 184 and authorize release of Fidelity and Deposit Company of Maryland bond No. 7597154 in the amount of $6,200.00. TRACT NO. 24002 LOCATION: Southeast corner of Valinda ACCEPT STREET IMPROVEMENTS and Cameron Avenues. James A. Delaney APPROVED Accept street improvements and autho- rize release of Ohio Casualty Insurance Company bond No. 997784 in the amount of $23,400,00. Inspector's final report filed. • Motion by Councilman Heath, seconded by Councilman Jett, and carried, to accept street improvements in Tract No. 24002 and authorize release of Ohio Casualty Insurance Company bond No, 997784 in the amount of $23,400.00. -1- a L� C. C. 9-11-62 CITY CLERK'S REPORTS - Continued METES & BOUNDS SUBDIVISION LOCATION: NO. 135-183 EXTEND TIME TO FILE FINAL MAP (Authur J. Stinton'& Louis M. Rubin) APPROVED Page Two East side of Azusa Avenue, north of Puente Avenue. Request to extend time to file final map of Metes and Bounds Subdivision No..135-183. Staff recommends one year extension to September 11, 1963. This is the first request for extension. Councilman Towner: Have there been any changes in the subdivision map requirements since this was first approved? Mr. Dosh: No. Councilman Towner: I would think that as a matter of established policy that if there were changes in subdivision map require- ments and a request for extension of time was received that the staff would recommend any extension is subject to any changes in accordance with our new requirements. In this case, apparently, there are none. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to extend time to file final map on Metes and Bounds Subdivision No. 135-183 for one year until September 11, 1963. PROJECT NO. C-175 LOCATION: Puente Avenue west of APPROVE PLANS AND SPECIFICATIONS Azusa Avenue. STREET IMPROVEMENTS APPROVED Approve plans and specifications subject to approval of State Division of Highways (gas tax project). Councilman Heath: Shouldn't this be presented to the State first? Mr. Aiassa: The City must approve the plans and specifications before they are sub- mitted to the State and if they make changes we bring it back to the Council and authorize the release for bids. Councilman Jett: Mr. Dosh: Mayor Barnes: Mr. Dosh: • Councilman Jett: Does this include the sidewalks? This plan does. Is this going to be a piecemeal type of sidewalk? We have eight lots with money up for sidewalks and six that don't. I talked with one of the home owners involved here and was told they do not want sidewalks along there. -2- 0 • • C. C. 9-11-62 Page Three PROJECT NO. C-175 - Continued Mayor Barnes: Haven't we had a policy in the past that we hold the money until we have all the money in for the whole street and not do them piece- meal? Mr. Aiassa: You can hold this money in deposit until you get the whole area. It is up to the Council. Maps were presented and Mr. Dosh explained the problem. Councilman Heath: Councilman Snyder: Councilman Jett: Mr. Pile 1616 East Puente Avenue West Covina Councilman Jett: It seems the money has been ap- propriated and the ordinance says that the sidewalks must go in. I would like to see it put together in one package to save money. I think there is no reason to:hold this up. Is Mr. Pile in the audience? I am. Have you the signatures of the people who are against the side- walks? Mr. Pile: I have a letter, which I would like to be permitted to read, signed by seven of the eight property owners for which Mr. Meeker put up the deposit. My building permit was dated February, 1957, so I presume when the building permit was issued, the money was put up. I bought the place because it didn't have the sidewalks. (Read aforementioned letter.) We protest the installation of sidewalks at this time. Councilman Heath: The City has passed a law stating that we must put in sidewalks on secondary highways. If the side- walks aren't put in, a bond must be posted so that when there is an opportune time the sidewalks must be put in. For us to waive this installation of sidewalks is asking us to violate our own law. Now seems to be the time that they can be put in and if the law says this, I think this is what we should do. Councilman Snyder: Councilman Jett: I think if we do waive the side- walks now, it would set a prece- dent for not enforcing the ordi- nance other places in the City. If enforcing the ordinance is so important, why has it taken you five years to get around to en- forcing it? -3- 11 Ca Co 9-11-62 Page Four PROJECT NO. C-175 - Continued Councilman Heath: There were power poles in the way and the curb has just been changed • and now sidewalks can be put in. Up until now it was not practical or possible for us to put the side- walks in. Councilman Towner: This sidewalk study went on for a long period of time and we made a survey of what was being done in other cities and the needs and the desires of the people here in West Covina, It was evolved as a fixed policy that we would require side- walks on major and secondary streets and places where pedestrians were subjected to too much danger. I think regardless of the desires of the few home owners, the desire of the majority of home owners in the City is that we do have sidewalks in these areas where safety requires it, I see no reason to change it on this particular piece of property; I think we have to be consistent throughout the City and I think safety recommends it so I would prefer in this instance to go along with what has been established in the pasta Councilman Heath:. I feel that these other property owners should be contacted who do not have a deposit up to see if they want to go in on this and take advantage of the larger project. If they do it individually or on a small scale, it will cost them more money. • Motion by Councilman Snyder, seconded by Councilman Towner, to approve plans and specifications for Project C-175 including the installation of sidewalks, subject to approval of the State Division of Highways, and authorize the City Engineer to call for bids. Motion passed on roll call as follows: Ayes: Councilmen Towner, Noes: Councilman Jett Absent: None SCHEDULED MATTERS Heath, Snyder, Mayor Barnes PROJECT NO, C-83 LOCATION: Thackery Avenue east STREET IMPROVEMENTS of'Lark Ellen Avenue Bids opened in office of City Clerk September 6, 1962. Councilman Jett left the chambers at 8:05 P.M. • The bids received were as follows: Martin and Weisz Coxco, Inc. D & W Paving Sully -Miller Kirkland Paving W. Re Wilkinson Co. 10% bid bond 10% bid bond 10% bid bond 10% bid bond 10% bid bond 1076 bid bond $ 14,082.58 14,320.55 14,449.88 15,412.14 15,608.85 17,331.85 -4- t C. C. 9-11-62 Page Five PROJECT NO. C-83 - Continued Motion by Councilman Towner, seconded by Councilman Heath, that the contract for Project No. C-83 be awarded to Martin and Weisz on the • basis of their low bid in the amount of $14,082.58 and that the bid bonds be returned to the unsuccessful bidders. Motion passed on roll call as follows: Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: Councilman Jett PROJECT NO. C-140 LOCATION: Montezuma Way south STREET IMPROVEMENTS of Cortez Street Bids opened in office of City Clerk September 6, 1962.' The bids received were as follows: Martin and Weisz 10% bid bond $ 10,958.58 D & W,Paving 10% bid bond 10,976.92 Sully. -Miller 10% bid bond 11,441.35 COXCo, Inc. 10% bid bond 11,899.59 Kirkland Paving 10% bid bond 12,,036.87 Wo R. Wilkinson 10% bid bond 12,834.28 Councilman Jett re-entered the chambers at 8:10 P.M. . Motion by Councilman Heath, seconded by Councilman Snyder, that the contract for Project No. C-140 be awarded to Martin and Weisz on the' basis of their low bid in -.the amount of $10,958.58 and that the bid bonds be returned to the unsuccessful bidders. Motion passed on roll call as follows: Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Councilman Jett: I will abstain. PROJECT NO. C-180 LOCATION: Northerly side of Merced STREET IMPROVEMENTS Avenue between Valinda and Gretta Avenues. Bids opened in office of City Clerk September 6, 1962. The bids received are as follows: Kirkland Paving 10% bid bond $ 3,110.20 Sully -Miller 10% bid bond 3,333.50 D & W Paving Contractor 10% bid bond 3,403.60 W. R. Wilkinson Company 10% bid bond 3,667.00 • Martin & Weisz 10% bid bond 3;997.60 Coxco, Inc. 10% bid bond 4,313.40 Louis S. Lopez 10% bid bond 4,424.70 Motion by Councilman Heath, seconded by Councilman Snyder, that the contract for Project No. C-180 be awarded to Kirkland Paving on the basis of their low bid in the amount of $3,110'.20 and that the bid bonds be returned to the unsuccessful bidders. Motion passed on roll call as follows: -5- 0 L� • C. C. 9/11/62 Page Six PROJECT NO. C-180 - Continued: Ayes Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None VARIANCE NO. 368 and PRECISE PLAN OF DESIGN NO. 299 (Roger Roelle) HELD OVER LOCATION: Service Avenue between Sunset and Richland Avenues. Request to permit reduction of re- quired number of parking spaces in zone C-2, and for adoption of Precise Plan of Design, denied by Planning Commission Resolutions No. 1160 and 1161, respectively. Appealed by applicant on February 19, 1962. Hearing held on March 12, 1962, and closed, and referred to Planning Commission for report. Report of Planning Commission dated May 2, 1962, read at Council meeting of May 28th, after applicant requested matter be held over from May 14th. Applicant not present. Held over to June 11, 1962, and from June llth to July 23rd, and from July 23rd to September 111, 1962. Mr. Flotten: We had a call from Mr. Roelle asking us to hold this over until the next regular meeting of the Council. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Variance No. 368 and Precise Plan of Design No. 299 be held over until the next regular meeting of the Council. PRECISE PLAN OF DESIGN NO. 326 LOCATION: North Azusa Avenue be - (Richard N. Scott) tween Workman and Row - APPROVED land Avenues. 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 setback requirements on Azusa Avenue. Hearing closed. Held over from August 27th to allow applicant time to contact his principals regarding suggested setback line. Mayor Barnes: Is Mr. Scott in the audience this evening? Mr. John W. Palmer Mr. Scott is not present. I am 909 South Fircroft representing him. West Covina Mayor Barnes: What is the opinion of your clients in this case? Mr. John Palmer: The opinion of our clients is that they will go along with Mr. Scott and myself in what we agree com- patably with Mr. Zug so we are now submitting for your consideration, our proposal as far as the setback is concerned and it is my knowledge that this is agreeable with Mr. Zug. The setback will be 50 feet from the property line with the exception of a small facade that sticks out 12 feet and this facade is approximately 15 feet in length. ;(Placed map on board and explained same.) Im • • C. C. 9-11-62 Page Seven PRECISE PLAN OF DESIGN..,NO;. 326 - Continued Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to approve Precise Plan of Design No. 326 with the modifications where- by the building proper:is.located 50 feet back from the front property line except for the 38-foot setback on that 15-foot facade, and for fur- ther clarification, in conformance with Exhibit No. 1, and in agreement with the recommendations of the Planning Commission with the exception of the deletion of the condition concerning no parking in front of the building. (Councilman Jett voted "No.") Mr. John W. Palmer: We feel that we have made a con- cession in setting back because to my knowledge there is a lack of a City ordinance requiring a setback on Rowland and Workman. I would like to mention for your consideration that no future builder on Azusa on the west side between Rowland and Workman be allowed to set further east than we are. Mayor Barnes: That will be made a part of the record. Councilman Towner: I agree with what he has said and I think Mr. Zug has indicated the same; that they would like to con- trol the setbacks; at least put a minimum on it. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the subject of setbacks on the west side of North Azusa Avenue be referred to the Planning Commission for report and recommendation. Councilman Heath: I have felt from the beginning that this setback should be no more than 15 feet; however, since the two parties concerned have agreed to a 50-foot setback, I would agree to a study to this effect. VARIANCE NO. 398 and PRECISE PLAN OF DESIGN NO. 331 (Fernwood.Enterprises) APPROVED LOCATION: Between Mobeck Street and County Flood Con- trol Channel. 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 Planning Commission Resolutions No. 1243 and 1244. Appealed by applicant on August 3, 1962. Held over at request of applicant from August 27, 1962, to September 11, 1962. Mayor Barnes: This is the time and place for the public hearing. Mr. Paul Egly I represent the applicant. (Gave 240 West Badillo Street brief history of this property.) Covina We have obtained a letter from the Bishop of the Covina Third Ward of the Church of the Latter Day Saints which indicates it is their intention to go ahead and build the church across the street from this property. (Read aforementioned letter from Bishop Gommer.) We are now completely surrounded by the schools, the apartments and the church. At this time to insist upon the requirements of :the previous variance'would be asking compliance to something that no longer exists. The application tonight is for a -7- C. C. 9-11-62 Page Eight VARIANCE NO. 398 and PRECISE PLAN OF DESIGN NO'. 331 - Continued Mr. Paul Egly - Continued: • variance of the original variance allowing two stories on those four lots. We would also require a variance to allow two stories within 85 feet of the proposed church be cause it is presently zoned R-1, although it will not develop -that way. There are additional require- ments having to do with inside distances and we are one-half auto parking stall short. There being no further public testimony, the hearing was closed. Mr. Joseph: Certain of the requests asked for by the applicant originally were later modified by an amended plan; therefore, the required rear yard setback has now been met by the amended plan,that was later shown to the Planning Commission. The plan you have before you conforms as far as rear yard setback;. It' does not conform in distance between buildings, the lack of the -one- half parking stall, the use of the property and the height. Councilman Towner: What is the distance between inside buildings they are asking for? Mr. Joseph: The distance between B and C buildings shows 27 feet 8 inches and I think 36 feet is required. • If the City Council wants to approve this tonight,; either way, then you should condition your approval that all provisions of the Munici- pal Code be met regarding distance between buildings except that and then specify what you want to vary. Otherwise, we will have no con- trol over it. Councilman Towner: We are presently being asked to approve a precise plan and vari- ance which would provide an 85- foot setback for two-story buildings across from property presently zoned R-1, a one-half parking stall less than the City requirement, allowance of apartments on Lots 3 and 4, and 27 feet instead of 36 feet between two of the buildings on the plan. Councilman Snyder: If a church were to come in there under a special use permit, doesn't the zoning remain R-l? City Attorney, Mr. Williams: Yes. Councilman Heath: I think this is a satisfactory so- lution to this problem. This par- cel has been before us a number of times and every time there was a variance requested it was denied be- cause of the fact that we were trying to protect the property to the • south. In this case now it is evident that there is going to be a church put in this area to the south; land was bought for that purpose and they evidently intend to carry out that purpose. Therefore, I feel that this use as requested would be quite adequate there. Councilman Snyder: I don't object to this use or this particular precise plan between the two schools, but I think we cannot assume one hundred percent that we are going to get a church there. We have only a letter; we don't have much proof beyond that. It is only a little bit of R-1 that.would be involved and I think the R-3 is coming in first and the people, if they ever did use it for R-1, would be aware of the problems. -8- Co Co 9-11-62 Page Nine VARIANCE NO, 398 and PRECISE PLAN OF DESIGN NO, 331 - Continued Councilman -Towner: I agree with what both Mr. Heath and Mr. Snyder have said. I -find . no justification at all for a Var- iance on the distance between the buildings. I would go .along with the balance of it. Mayor Barnes: I feel if the requirement between these buildings stands and the'set- back was required, that somewhere they would find a way to fit these buildings on this property. Councilman Heath: It all depends on how critical you want to be about it and what impor- tance you place on it. As far as the setback is concerned, since you are bounded on two sides by open air and on the other side by their own development I can't see any problem in reducing the setback and it all comes down to how important it is that you hold one dimension on a whole project. Councilman Towner: The question is simply, have they shown any justification for a variance. Councilman Snyder: It seems to me they could shift their buildings around and rec- tify this without losing any units. • Councilman Towner: I think I would go along with their request subject to the changes that have been made in the plan and, if they wish, hold it over and give them a chance to juggle their buildings around and come up with a different plan and see if they can come up with the correct precise plan. Mr. Paul Egly: We will accept your decision rather than hold it over, Mr. Nelson: You are concerned with the distance between our buildings. I would agree to try to meet your condi- tions. There are no windows along this side at all so we are not con- cerned with the problem of light at all. Councilman Heath: I believe the distance is set so that if you have two windows facing each other you have privacy. Here the windows of one apartment are facing a blank wall. Mayor Barnes: I feel that this area is not a problem considering that there are • four lots. I think the placement of buildings has to do with the engineering and design and I don't see why, these buildings can't be adjusted and changed to fit the City Ordinance. Councilman Heath: We have the reputation in the Valley of being too strict with our developers and I think it is about time that we start helping our people to develop this City. ME C. C. 9-11-62 Page Ten VARIANCE NO. 398 and PRECISE PLAN OF DESIGN NO. 331 - Continued Councilman Towner: I don®t think the requirements for a variance have been met. I • think once you start approving variances merely because of economic reasons and not because they meet the requirements set for a variance you are being discriminatory.; Councilman Snyder: I do not agree with what Council- man Heath said about our reputation in this Valley. Councilman Jett: I go along with what Mr. Heath has said. Motion by Councilman Towner, seconded by Councilman Snyder, to approve Variance No. 398 and Precise Plan of Design No. 331 subject to the con- dition that all distances between buildings conform to the Municipal Code requirements and subject further to the recommendations of the Planning Department. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Snyder, Mayor Barnes Noes: Councilman Heath Absent: None Councilman Heath: The application is for a variance; I feel that .the economic develop- ment of this area can justify a variance and I am in favor of the • over-all development to be approved as submitted by the applicant. VACATION OF A PORTION OF According to Resolution,of:'Inten- MERCED AVENUE tion No. 2437 adopted by the City HEARING OF PROTESTS Council on August 13, 1962, `setting Tuesday, September 11, 1962, at 8:00 P.M. as the time and place for hearing objections to the proposed street vacation. Mayor Barnes: This.. -is the time and place for the o public hearing on this matter. (There were no oral objections.) I will declare the hearing closed. Councilman Towner: Do we enact this by resolution or by motion? Mr. Aiassa: I believe by resolution. Councilman Heath: The City Manager was discussing • the fact of a curb and gutter in- stalled on this piece of property. Is this before or after? -10- C. C. 9-11-62 Page Eleven VACATION OF A PORTION OF MERCED AVENUE - Continued Mr. Aiassa: When you abandon or abate a street, unless it is a grant deed of'some kind, normally the City only has an easement for street purposes and it reverts back to the original owner. The new owner has agreed by letter to install approximately 55 feet of curb and gutter on that portion of Glendora Avenue which is to be vacated. I think we should make a suggestion that this be"done at the:bompletion of vacation or until the adjacent property develops'as long as we have a commitment that these improvements be in so we don't have a void between existing and proposed. We have a letter dated September 11, 1962, directed to me re this matter and signed by T.J. Stanford and Norma V. .Stanford that I would like read in the Minutes: "We as owners of Lot No. 62 of Tract No. 14681 agree to install approximately 55 feet of curb and gutter on that portion of Merced Avenue which faces Glendora Avenue which is to be va- cated." RESOLUTION NO. 2446 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA VACA- TING A PORTION OF 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, Heath, Towner, Snyder, Mayor Barnes Noes': None Absent: None Said resolution was given No. 2446. PLANNING COMMISSION METES & BOUNDS SUBDIVISION LOCATION: Northeast corner of NOa 135-1,98 Merced Avenue and (William A. Wilson Glendora Avenue Owner: Leonard Jones) APPROVED Approximately one acre - 2 lots - Area District II Councilman Heath: Mr. Williams, this was what we got into in a discussion at the Planning Commission the other night: I was trying to refresh in my memory the problem of that division on Virginia Avenue where they split off a lot and left off • the driveway and we went back and included the driveway to increase the area of the lot. There was some ruling to the effect that if the two.'.parcels split were larger than one acre in area, the only thing there is to be done is .to record a subdivision map. -11- C. C. 9-11-62 METES & BOUNDS SUBDIVISION NO. 135-198 - Continued Page Twelve Mr. Williams: That is true where there is no • dedication or improvement re quired. You could permit this division of this parcel into two pieces and then if and when there is a further division of that southern tier of property into resi- dential lots you could require the improvements which are adjacent to that part and when the northern larger parcel is either divided or precise planned you could require the additional improvements on that. You may not at this time require the other improvements which are new streets, but you do ordinarily require the development of the adjacent existing street because if you don't get it at this time, sometimes you don't get it at.".all. As I recall it, this sec- tion of the code states that no approval of the Council is required if the parcels are larger than one acre and no dedication or im- provement is required. I think in this instance the City Engineer would not make the determination that no dedication or improvement is required. You may make that determination if you wish. I think if the Planning Commission has recommended this with condition, you .. had better hear those conditions. Mr. Flotten, City Clerk, read aforementioned conditions of the Plan- ning Commission. Mr. Aiassa: I had a meeting with the owner, Mr. Jones, and we went over this whole matter and from that meeting we resolved this answer and he contacted Mr. Wilson and Mr. Wilson was not anticipating to develop the entire parcel which now includes the cul-de-sac. Mr. Wilson has agreed to take that whole area which we left R-A and develop it into an R-1 area. The case is now resolved satisfactorily with Mr. Jones and the proposed developer and the City Staff are satisfied. Mayor Barnes: Mr. Williams, in regards to an area of this type where there is over an acre and you have a split of this type and you are going to develop it into R-1 lots, is there a required installation of streets and everything prior to the sub- division map? Mr. Williams: You may require it. You may re- quire the full dedication and im- provements on this split into two parcels, or you may, if you wish to run the risk that you won't get it in, not required it now, wait until they either file a lot split or subdivision along old Merced. At that time you would have another chance to get the improvements. I think you're not running much of a risk. You will get them because they are going to have to file an- other lot split or a subdivision. They might not file another subdivi- sion on the northern part and there your opportunity to get it would be by precise plan, an opportunity that no other City than this one has. Councilman Snyder: Wouldn't.it be wise to require them now because any potential buyer of this would be aware that he would be required to put in these street improvements? Councilman Jett: Will Mr. Wilson dedicate, curb and gutter and pave that portion that he is dedicating on the northeasterly': -12- • • • Co Co 9-11-62 Page Thirteen METES & BOUNDS SUBDIVISON NO, 135-198 - Continued Mr, Aiassa: According to our meeting, he will put the same improvements in that were placed on Mr. Jones at the time he came in and applied for his zoning application and at that':'. time we held everything..off oxcept.for the redesign of old Merced Avenue, We have now adopted the alignment for the old Merced. Mr. Wilson has agreed to take the property which boarders on old Merced Avenue and it appears he is willing to go along with this proposed plan, Councilman Jett: I think it would be very impor- tant that we get at least Glen- dora improved now. Mr. Williams: The bigger problem, though, is with Merced because as it now stands, it would dead-end against the easterly line of this property and the question is whether it would be a reasonable requirement to make them put that in now when they are not developing the northerly portion of this property. Mr. Aiassa: I think when Mr. Jones renego- tiates with this service station site, he might be able to work out the completion of this curb and gutter to tie in with the develop- ment of Mr. Wilson on the R-1. We have never conditioned zoning with a certain amount of street requirements; most of it has been done un- der precise plan. The conditions Mr. Flotten read were tied into the original subdivision which has been changed. The conditions are not for this present subdivision, Councilman Towner: their last meeting, September 5, what we want. If we approve this subject to the recommendations of the Planning Commission as made on 1962, we would have accomplished Mr, Aiassa: I would like to recommend that the Council should not accept the right of way now for two reasons. One- is that as soon as you accept the right of way without a bond, without future improvements insurance, there can be a legal action whether or not they (the owner or developer) are required to put it in. If you make it a condition of the subdivision then you nail all the details down as part of the subdivision development and this goes to the buyer, not the seller. Mr. Williams: I would require not only the decication but the improve- ment of the Merced extension, old Merced, and of that part of Glendora adjacent to Parcel No. 20 I would not require the improvement, but only the dedication of the little triangular corner of what will be new Merced Avenue. You would get New Merced improved when they develop Parcel No. 1 and the rest of the widening of Glendora at that time. I think this would comply with the understanding Mr. Aiassa had with them, that they are perfectly willing to do what would be required on Parcel No. 2 but they object to being required to put in anything that would be required on Parcel No. 1 at this time.' Don't require these to be installed until they have an opportunity to file their subdivision map but make it a, con- dition of this map. Give them a bond or a time extension so they can plan it. -13- C. C. 9-11-62 Page Fourteen METES & BOUNDS SUBDIVISION NO. 135-198 - Continued Motion by Councilman Towner, seconded by Councilman Snyder, and car-' ried, to approve Metes and Bounds Subdivision No. 135-198 subject to • the recommendation of the Planning Commission as stated at their' meeting of September 5, 1962; subject further that a bond for improve- ments on Glendora Avenue adjacent to Parcel No. 2 and the old Merced Avenue be posted; subject further to a time limit of one year on the improvements; and subject further that dedication for street improve- ments be required on Glendora adjacent to Parcel No. 2. • TENTATIVE MAP OF TRACT NO. 22510 Fontana Enterprises, Inc. (Owner: Eva Clemons) APPROVED LOCATION: North of Cortez Street, west of Grand Avenue 10 plus Acres - 22 Lots - Area District III Mr. Flotten, City Clerk, read recommendations of Planning Commission for Tentative Map of Tract No. 22510. Councilman Heath: This is not within the City limits as of yet. It is contained within Annexation No. 178. There is a possiblility of the realignment of Grand Avenue to the opposite side of this tract; however, I don®t think it would effect the layout of this subdivision. Mr. Dosh: We are quite aware of the possible realignment of Grand Avenue. Mr. Gerald Weeks entered the chambers at 9:50 P.M. Councilman Heath: Do we approve this tentative map subject to the completion of the annexation? Mr. Williams: Mr. Joseph raised that same point and suggested that the approval of this tentative map, if you do ap- prove it, be subject to the further condition that the approval is conditioned upon the annexation of this property to the City and it being zoned R-1, Area District III. Councilman Heath: In case the annexation is delayed or held up, how soon do they have to file a final on this? Mr. Williams: Within a year, but you can extend it for another year. Motion by Councilman Towner, seconded by Councilman Heath, and car- ried, to approve Tentative Map of Tract No. 22510 subject to the conditions of the Planning Commission. Mr. Aiassa: I would like to suggest that the Council authorize me to notify the County Road Department that the Council has approved the tentative map for this tract and we have been advised by sources that there may be a future alignment of Grand Avenue and we would like to put them on notice that we have talked to the developer on this and it is their responsibility to see if the future alignment goes through that they contact these people immediately. -14- C. C. 9-11-62 Page Fifteen TENTATIVE MAP OF TRACT NO. 22510 - Continued Motion by Councilman Heath, seconded by Councilman Snyder, and car- ried, to authorize the City Manager'to write a letter to the County • Road Department advising them of the Council's action on Tentative Map of Tract No. 22510 and put them on notice that we have talked to the developer about the possible future alignment of Grand Avenue and it will be their responsibility to notify the developer if -the proposed future alignment goes through; and further authorize the -Mayor to re mind the County Road Department that the tract to the northwest of this is proceeding.amd buildings are being constructed in that area. Mayor Barnes: Mr. Flotten, would you get me the number of that tract that Mr. Heath mentioned? Mr. Flotten: Yes. TENTATIVE MAP OF TRACT NO. 27468 LOCATION: South side of Merced Allwon Corporation Avenue between Valinda (Owners - R. W. Bleak and and Primeaux Marianne Riggs) APPROVED 15 Acres - 42 Lots - Area District II Mr. Flotten, City Clerk, read recommendations of Planning Commission for Tentative Map of Tract No. 27468. iCouncilman Towner: Mr. Joseph: Councilman Snyder: On Lots 37 and 38, it would seem in order to provide driveway turn- arounds. It is included in the conditions. Wasn't the church required to pro- vide a street down the west side of the property? Mr. Joseph: When the church originally came in, that was recommended. At that time the City Attorney advised us that we could not make this requirement on the church to provide a street for someone else's use. Mr. James McIntyre We combined about four ownerships 336 North Central Avenue here, including a portion of the Glendale church's ownership in order to get a larger subdivision. The three existing homes are going to be in- cluded in the subdivision. Councilman Jett: What about Lots 12, 13, 14 and 15? . Mr. James McIntyre: That street is already existing and it goes out to Francisquito. Those lots are in th6:County; there are no buildings on them and we want to reserve that portion from this map. Motion by Councilman Towner, seconded by Councilman Snyder, and car- ried to approve Tentative Map of Tract No. 27468 subject to Planning Commission recommendations. -15- C. C. 9-11-62 Page Sixteen ORAL COMMUNICATIONS SIDEWALKS • Mrs. Jeannie Kendall I moved into the property August 1, North Eileen 1957, which is in back of Zodys and West Covina Ralphs, and at that time I was told that a sidewalk was to go in and Mr. Meeker stated that as soon as the poles would be removed from my property I would have A sidewalk. Within three to four months the poles were removed, but we never did - get the sidewalks. I called the City Hall and was told that there was no big hurry about it and in due time we would have the sidewalks in. The statement made tonight is, there is a bond here with the City by Meeker on eight houses. There are fourteen property owners involved; eight have a bond; six do not. Are these six property owners involved going to pay for their sidewalk or is the City going to pay for it? Five years ago, the money put on deposit was sufficient; at this date, the bond money is not sufficient. Who is going to make up the differ- ence? Also, a statement was made by the -Council that you.have an or= dinance and you would like to uphold your laws. I;agree with you, but Why are you enforcing your law on 14 home owners? Why aren't you 'en- forcing your law on all Puente Avenue; north and south? • Mr. Dosh: We contacted Mr. Meeker and he told us he didn.'t want to put the side- walks in; his bond had been released, and he didn't want to do it. Any subdivision put in subsequent to this ordinance has had to have sidewalks. Our proposal to the City Council was that if the subdivision deposit was more than what we had from Mr. Meeker -that we would pay the difference. Mrs. Jeannie Kendall: Councilman Heath: developed previously, so that out so any house built after secondary highway. Mayor Barnes: Councilman Snyder: I am not opposing the sidewalks; I am opposing why the law is being enforced on us and not the rest of the community where this sidewalk is supposed to go in. That law came into effect on a certain date. We could not go back to the people who had their homes law was made effective from that time on that was required to have sidewalks on a voluntary cooperation of those without their help? I think the rest of the people'' should be contacted to make it a complete development instead of doing it piecemeal. If the ordinance requires side- walks on Puente from Azusa to Lark Ellen, do we have to have a people or can we apply the 1911 Act Mr. Aiassa: If there is a percentage of side- walk existing in an area, the Council can by using one of four possible improvement acts can make it compulsory that improvements be put in and assessments be made against the property that doesn't have sidewalks, especially if a large percentage of sidewalk is already constructed. -16- U • • C. C. 9-11-62 SIDEWALKS - Continued Mayor Barnes: CITRUS GUILD OF MUSICAL ARTS Mr. Joe Willis 863 East Leador Avenue Glendora you to know about it because it All we ask is your blessing. RALPH-ZODY DRAINAGE Page Seventeen I think first something should be done to contact those people in the area and see if they won't participate and make a complete pattern of sidewalks in the area. I am Manager of the Citrus Guild" of Musical Arts. We are going to have in the Valley a full scale symphony orchestra and opera com- pany. (Explained plan.) We want will pertain to the entire Valley. Mr. Ward Wenner We are here about the storm drain. 535 North Leaf Avenue that flows into Leaf from Pioneer. West Covina Starting about three weeks ago, a storm drain for the Ralph-Zody Cen- ter was constructed to Eileen Street and to an open drain inside the school yard and empties into Pioneer. Since this is going to be a paid service in contrast to the cultivated land, we are concerned about the excess run=off. Last year the normal run-off was over the curbs on Leaf Avenue and about six inches up into our land. (Presented map and explained same.) It would be feasible to run the water from Pioneer to Rowland by going over this land. Mr. Kirkgard It appears to me there are several 541 North Leaf things that seem to have been over - West Covina looked. I have some questions I would like to put to the City En- gineer or the City Official who would be responsible for approving these plans. It would seem like poor judgment to plan an open drain in an elementary school yard. This open drain is, not completely paved; it consists of only a normal street gutter section with an unpaved or unprotected earth slope to it which, if we get the quantity of flow as anticipated, will result in consid- erable erosion. This erosion will have two effects: one, it will im- pair the performance of this drain by erosion; Second,,it is going to result in considerable mud and silt deposited on Pioneer Drive in ad- dition to the water. The slope of the street on Leaf is almost nil; it is about two -tenths of one percent and as a result, water hardly flows down the street. Mr. Dosh: We ultimately will develop a storm drain up Rowland,.up Leaf and over Pioneer to pick up this water. As far as the technical aspect of it, I don':t like it across the school, either. It would not affect the erosion. The grades here are so flat that the water stands. This grade by the school is practically the same and we feel with the sod put back properly and grassed in, that we won't have erosion. We do recognize the increase in the flow of water. It is our recommendation not to put a special structure in at the expense of Zodys or the City. -17- C. C. 9-11-62 Page Eighteen RALPH-ZODY DRAINAGE - Continued Councilman Heath: There were statements made about this drain that goes through the • school yard and that drain wasn't 307o complete when'I stated my opinion that. that drain was entirely in- adequate and I don't see how anyone could possibly design a drain of that type and expect it to work. We will have paper and cigarette butts coming down that trench. If we don't consider this a critical area, it will be a long time before we get a drain in there. I think a drain should have been brought down to Rowland Avenue in -the design anyway. This throws a lot of water into Leaf and if :you make this drain and extend it down to Rowland, and Rowland can adequately handle it, and it can be brought down, then I think we could comfortably wait before that big drain is put in. A $6,000.00 expenditure here might even cut down on the accumulation of water at Pioneer and Leaf to the extent where we might find we might not even need that big drain. • Mayor Barnes: If you drain out to Rowland, do you create a greater problem on Rowland? Mr. Dosh: Absolutely. Mr. Kirkgard: I think the primary thing is we have an open drain in an elementary school yard. These kids are going to want to play in it and it isn't safe. Then we are going to dis- charge it into Pioneer Avenue and this is an entrance to the school. It is a hazard besides being a problem to the flooding. Councilman Towner: It seems to me that although this is one of many drainage prob- lems that we have in the City, some more acgute than this, but nevertheless, this involves the safety of the school children and I think it needs more study. I am not satis- fied that a $6,000.00 drain through the school yard is going to be acceptable to the school or an answer to the problem, but I think what was initally proposed by the City staff may obviously need some further review. J would suggest that we just send it back to the staff and have them come up with another solution, bearing.in mind that there are other areas in the City that also need drainage. Mayor Barnes: Mr.Kirkgard: I would suggest that Mr. Aiassa have a joint meeting with some of these people and possibly come to some type of solution or recom- mendation to present to the Council. I don't see why the City should bear any of the cost. You should not have to pay for a drainage problem created by Ralphs-Zodys. • Councilman Heath: I think a study would be good. Councilman Jett: So do I. O:E • C. C. 9-11-62 PLANNING COMMISSION - Continued REPORT ON ANNEXATION NO. 176 (Zachary) Page Nineteen Councilman Heath: The Planning Commission reviewed this annexation and acted on it and the City Clerk will bring it up to you., I have contacted the owners of Food Giant and it looks like there may be a possibliity we can tie these together. Mr. Flotten: Mr. Zachary has presented to the Planning Commission four applica- tions for consideration,,a zone change;, a variance, a precise plan, and an unclassified use permit. All these matters were approved except the application for zoning and the unclassified use permit for the service station, which was denied and Mr. Zachary has appealed. We referred this matter to the County Boundaries Commission and we have approval of the boundaries. The next matter'.6f.._the procedure of annexation is to set a protest hearing on the annexation. We would like to set the date of October 22, 1962 as the protest hearing date for consideration of the annexa- tion. This,must be.:advertised-iri,the newspaper and the publications have to be complete 20 days before the protest bearing.. This includes the property up to the southern boundary of the Food Giant property. Mayor Barnes: Mr. Williams: RESOLUTION NO. 2447 ADOPTED Mayor Barnes: Mr. Williams, should these come in together or should the Food Giant come in separately? Let them come in separately. The City Attorney presented: "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 LAND DES-- CRIBED HEREIN ADJACENT AND CONTIG- UOUS TO THE PRESENT CITY LIMITS OF THE CITY OF WEST COVINA AND GIVING NOTICE OF TIME AND PLACE FOR HEA- RING OF PROTESTS HERETO" (Norther- ly Annexation No. 176) 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. 2447. -19- C. C 9-11-62 ANNEXATION NO. 176 - Continued Page Twenty Councilman Heath: At the Planning Commission meeting, there was some discussion about the . R-4 zoning. The statement was made that in R-4 zoning you can put any of the uses of R-4 or can we designate a use and give R-4? • Mr. Joseph: The question came up in the terms of a use of a variance also. If you grant a person a zone, he ac- quires every right under that zone. He may say to you he will put in a rest home and you give him the zoning and then he will come in acid put in an auto court. He is not bound by anything he says in his zone change hearing. If he gets the zone he may use it for any purpose the zone allows. REPORT ON ANNEXATION NO. 178 (CLEMONS) Councilman Heath: I think this should be held over because it is an overlay on the annexation of the highlands and it can't be acted on unless the other annexation is disposed of. Councilman Snyder; Mr. Joseph: Mr. Flotten: Mr. Williams: Mr. Flotten: Mr. Aiassa: Mayor Barnes: Why was this initiated? This is that subdivision you just approved west of Grand Avenue north of Cortez. This is an overlay of a part of proposed Annexation No. 173. Wasn't this description approved by the Boundary Commission before 173? We haven't got the report from the County Boundary Commission on this one yet. I think we have to hold this over. All right; we will hold this over. REPORT ON POSSIBLE ANNEXATION OF TERRITORY LYING AT NORTHEASTERLY EXTREMITY OF CITY (ANNEXATION NO. 180 Anderson) Mr. Flotten: The Planning Commission said that this area would be acceptable to them. There were no police, fire or engineering problems and as far as the Commission was concerned, it was acceptable. There is the matter of possible future use of the prop- erty and an application for rezoning is going to be made. -20- C. C. 9-11-62 Page Twenty -One ANNEXATION NO. 180 - Continued .Mayor Barnes: This lies within the boundaries between Covina and West Covina. • I called the Mayor of'Covina and asked him if it would be agreeable with his Council to have a joint meeting with our Council in regards to this area and probably other areas for discussion. He said that it was and he would poll his Coun- cil and see what night we could get together to discuss these problems and his City Manager would call Mr. Aiassa and.try to set up a meeting of this type. I think it would be well worth a joint meeting. How does the Council feel about this? Councilman Towner: I would like to meet with them and up -date this gentlemen's agreement and find out which particular areas of influence will be allotted to each city. 11 C� Councilman Jett: Councilman Heath: Councilman Snyder: REVIEW PLANNING COMMISSION ACTION OF SEPTEMBER 5, 1962 CITY CLERK'S REPORTS - Continued RESOLUTION NO. 2448 ADOPTED Mayor Barnes: The meeting is okay with me. Fine. There may be nothing to discuss on.this particular annexation, but I would like a study session with them; I.think it would be beneficial. All matters reflected in Planning Commission minutes of September 5, 1962 have been set for Council action. The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF METES AND BOUNDS SUBDIVISION NO. 135-191 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes Noes: Councilman Jett Absent: None Said resolution was given No. 2448. -21- • • • C. C. 9-11-62 RESOLUTION NO. 2449 ADOPTED Page Twenty -Two 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 THERE- OF" Executed by Ned Gilbert and Adele Gilbert for street and highway purposes to be known as Ardilla Avenue and Dutch Street. Mayor Barnes: 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. 2449. RESOLUTION NO. 2450 ADOPTED 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" Executed by Ned Gilbert for sanitary sewer purposes. 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. 2450. RESOLUTION NO. 2451 ADOPTED 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" Executed by Mary M. Ax and Richard L. Ax for sanitary sewer purposes. Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follow: -22- U C. C. 9-11-62 Page Twenty -Three RESOLUTION.NO. 2451 - Continued Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No. 2451. RESOLUTION NO. 2452 ADOPTED Mayor Barnes: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DE- CLARING ITS INTENTION TO IMPROVE WILLOW AVENUE, MORRIS AVENUE AND OTHER STREETS AND RIGHTS OF WAY BY THE CONSTRUCTION'OF A SANITARY SYSTEM IN THE CITY OF WEST COVINA, CITY OF BALDWIN PARK, AND UNIN- CORPORATED PORTIONS OF LOS ANGELES COUNTY, DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT*:THE COST THERE- FOR, DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT'.' (A'11-61-1) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said Resolution was given No. 2452. RECREATION AND PARKS TEEN-KAN-TEEN Councilman Heath: GENERAL MATTERS ORAL COMMUNICATIONS CLEAN UP OF CORTEZ STREET Mr. John Hiatt: Mr. Aiassa: Councilman Jett: Mr. Aiassa: They are progressing along. Are you going to clean up Cortez Street, east of Barranca Street? Talk to Mr. Dosh about that tomorrow. Don't we have a letter from the school district on this? There is a report coming on this. We are working on it. -23- i • • C. C. 9-11-62 Page Twenty -Four CITY ATTORNEY ORDINANCE NO. 753 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" (Zone Change No. 222) Motion by Councilman Towner, seconded by Councilman Snyder, and car- ried, to waive further reading of the body of the ordinance. Motion by Councilman Towner, seconded by Councilman Snyder, that said ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said ordinance was given No. 753. ORDINANCE INTRODUCTION 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" (Zone Change No. 224) Motion by Councilman Towner, seconded by Councilman Snyder, and car- ried, to waive further reading of the body of the ordinance. Motion by Councilman Towner, seconded by Councilman Snyder, and car- ried, that said ordinance be introduced. RESOLUTION NO. 2453 ADOPTED Mayor Barnes: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF WEST COVINA OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN ADJACENT AND CONTIGUOUS TO THE CITY LIMITS OF WEST COVINA AND GIVING TIME AND NOTICE OF PLACE FOR HEARING PROTESTS HERETO" (Southerly Annexation No. 174) Hearing no objections, we will waive further reading of the.body of the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said Resolution was given No. 2453. -24- 0 • C. C..9-11-62 CITY ATTORNEY - Continued RESOLUTION NO. 2454 ADOPTED Mayor Barnes: Page Twenty -Five The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRAN- TING A VARIANCE" (Variance No. 397 - Pickering) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No. 2454. RESOLUTION NO. 2455 ADOPTED Mayor Barnes: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A REQUEST FOR A CHANGE OF ZONE AND APPROVAL OF PRECISE PLAN" (Glad- stone, Inc.) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes Noes: Councilman Jett Absent: None Said resolution was given No. 2455. CITY MANAGER'S REPORTS PROPOSED CENTER STREET EXTENSION Mr. Aiassa: I met with the State Divison of Highways and there is a possibility of developing the proposed Center Street from Vincent Avenue to State Street on the one basis that we acquire a 40-foot street right of way and joint participation.of right- of-way and street improvements with the State Division of Highways. I would like authorization to address a letter to them requesting the • state to jointly unite with the City of West Covina to acquire,.'.improve and develop a 40-foot street from Vincent Avenue to State Street, and that they and their staff proceed with condemnation, if necessary. If we are going to go into this project, it would be advisable that we do it now because it is extremely important that some participation from the State be applied for. Councilman Jett: Would this effect our interchange? Mr. Aiassa: No; it is above the interchange. -25- l� • C. C. 9-11-62 PROPOSED CENTER STREET EXTENSION - Continued Councilman Heath: Councilman Jett: Councilman Towner: Mr. Aiassa: Page Twenty -Six It is part of the interchange because it is necessary to get into the Center if this inter- change is put in. I think this is a very important street in that it will allow a flow of _traffic that we badly need. I think this is one of the essential links in our business district traf- fic flow. Did you say the State was going to take care of the condemna- tion? Are they going to pay for it? I am going to suggest that they do it. Motion by Councilman Towner, seconded by Councilman Jett, and car- ried, that the City Manager be authorized to direct a letter to the State proposing a joint acquisition.arid development of Center Street and the State to accomplish the condemnation on a 40-foot improvement. HELIPORT REPORT Mr. Aiassa: I called Mr. Maylin about this. They would be amiable to anything less than four or five years if they don't have to put any improvements in and the expense of improve - merits is borne by the City. Mayor Barnes: The cost to the City would be about $24,000.00? Mr. Aiassa: Yes, if we do it with the max- imum improvements. Councilman Towner: I am wondering if we can make this. conform to the requirements of the Federal authorities. It appears to me that the approach and depar- ture would run right over the Broad- way and the City Hall at a very low altitude. Mr. Aiassa: This must also be approved by the Federal Government before we can officially initiate the option. Councilman Heath: In this area you have more than ample clearance on each end. Councilman Towner: I think we ought to extend a line out and see how it effects the buildings that will be in the flight path. Apparently we are looking along the freeway because this is where the airways say they want it. We are going to be looking for some place suitable to develop a transportation center which I think will require a very substantial amount of property, and I am wondering if we shouldn't include the heliport site in that study and locate it in an area that is as yet undeveloped where there will be intersecting main highway or free- way... -26- C. C. 9-11-62 Page Twenty -Seven HELIPORT REPORT - Continued Councilman Towner: - Continued The East San Gabriel Valley Plan- ning Commission is going to make • a study involving airport and heli- port facilities in the area involved by the cities within this Committee and we haven't yet fixed a time for that program but I think we will get some information out of there that may bear on the over-all picture of heliport sites, particularly as related to the Ontario Airport and the International Airport and this may have some bearing on the heli- port site in the City of West Covina. Councilman Heath: It has been a year ago'this month that Los Angeles Airways came and asked for the privilege of putting the heliport within our City limits. Since that time, we have kicked it back and forth and they stated that one of the conditions would be that they be next to the freeway and they were strong on that condi- tion. I think this is the city for a heliport. I think we ought to stand up tonight and answer two questions and put it on the record. First, do we want a heliport in the City? The City staff has told us that the only thing they can come up with right now is the one before us. So, I think it is either yes or no on this plan over here. Councilman Towner: I think the reason for the delay is that the airways itself has limited the area in which we could look and said they wanted only adjacent to the freeway. I think they are asking something special from us and it has caused this delay. • Mayor Barnes: I think if you review the report, that of all the other cities they have checked these heliports in, very few of them are on the free- way. Councilman Snyder: For a $24,000.00 investment, I think we should put it in its permanent spot rather than move it in three or four years. Mayor Barnes: I think the East San Gabriel Valley Planning Committee can continue to study the heliport. It is time we had a vote to either accept or reject this location. We have tried every location that we couldin West',Covina to get a location suitable to the airways and the City. Councilman Heath: I have worked on this heliport program for the best part of the year that they have applied for location within the City. The proposal that I have put before the Council on numerous occasions was the fact that this airport be lo- cated in the civic center for a period of three or more years, depen- ding on whether the City would like to extend it further than three years. The proposal would be to put in blacktop at this time which will be for our future Civic Center so that the cost and the blacktop are not completely wasted. When we develop our Civic Center, we Are going to have to put in the blacktop; therefore, we should be able to put in a large piece now and use almost all of it for our.Civic Center. This means that our cost to the City is not a complete waste; it is an investment three or four or five or six years ahead of time because it will be required to be put in when the Civic Center develops. I feel the City definitely needs a heliport if it is going to progress as.a modern City. -27- Co Co 9-11-62 HELIPORT REPORT - Continued Page Twenty -Eight Councilman Heath: - Continued We have enough people in this area, it has been proven many times by • many reports and orally to me, and I believe to the rest of you, that the airport would be amply used by engineers and executives from our City who want to travel out of the area. Councilman Snyder: Councilman Heath: I don't see how you can put in the blacktop for future use when you don't even know the grade. You know you are going to have to drain it to the street and it is a simple mathmatical problem to drain it. Motion by Councilman Snyder, seconded by Councilman Towner, that Los Angeles Airways should be informed that we encourage their location of a heliport within the City and want to cooperate with them in all ways, but we cannot at this time approve of locating it in the Civic Center and are unable to find any other locations along the freeway; however, we feel it is possible there are locations off the freeway available. Motion passed on roll call as follows: Ayes.: Councilmen Towner, Snyder, Mayor Barnes Noes: Councilmen Jett, Heath Absent: None • Mayor Barnes: I think Mr. Aiassa has exhausted every possibility of a location near the freeway, including that portion near the:freeway at Azusa. I feel that if we put the heliport in the Civic Center for three years that there would be a great deal of pressure on any Council, regardless of whether or not we wanted to develop a Civic Center, to find them another location adjacent to the freeway. I think it would almost be a demand of the public and the airways that we find this type of location. This might be impossible to do at that time. Councilman Jett: If this is the case, then I don't see how you could even suggest that we would make an effort to cooperate or find them some other place. At the end of three years if we have arrived at a point -!here we can build a City Hall or what- ever it might be, we could put a landing field on top of that that would be adequate. For five years that I know of, they have been trying to get located in West Covina and as yet we have not come up with anything. This, in my opinion, is the nearest we have come to getting something. I feel this would be a good location, Councilman Towner: The staff's study was limited to areas along the freeway and this • is why this is the one they came up with. They have not yet studied the outlying areas. C. C. 9-11-62 Page Twenty -Nine HELIPORT REPORT - Continued Councilman Heath: In the report we had given to us by the Planning Department, on Page • 3, it says that any evaluation of the heliport site should take into account the possible future creation of a transportation center in WestCovina. It goes on to say it was made to keep the heliport location in the town center area as described in the General Plan. The General Plan calls for it to be in the Civic Cen- ter. We want to combine it with the transportation center, which should be in the. Civic Center.. I think if the Council wanted to get rid of it in three years that we could. • • Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that the staff be directed to start studies of possible heliport sites other than those previously studied within the City. H.H.F. A. APPLICATION OF CIVIC CENTER PRELIMINARY PLAN - MONEY Mr. Aiassa: The election is coming up in Novem- ber and if we are going to get any of these funds, now is the time. Neptune and Thomas are anxious to get this thing off the ground. If you want to take advantage of this, at least for preliminary plans and speci- fications, we must get this application in and rolling. The only ques- tion Neptune and Thomas have is that they would like to have a few min- utes with the Council to review this over-all Civic Center idea. We have to adopt a resolution of intention and then we submit this to Washington. The over-all estimate would run about $5,200,000.00. Mayor Barnes: Any engineering and architectural firm who makes an application.of this type certainly will make it for $5,000,000.00 when maybe we intend to spend $3,000,000-00 on this particular project. Are these building sizes and everything acceptable to the Council? Councilman Heath: Mr. Aiassa: Mayor Barnes: Mr. Aiassa; PRECISE PLAN NO. 266 SUPPLEMENTARY REPORT Ralph-Zody Drainage Mr. Aiassa: I would like to know if we have established what is going -to go into the Civic Center? This is why Neptune and Thomas want to talk to us. I don't think we can act on this. I think we need a joint meeting with Neptune and Thomas. Right. I want to have this meeting and you, the City Council, decide what you want and how expensive you want to go on it. I will try to get them here on the 17th. We have already discussed this. -29 - • • • C. C. 9-11-62 Page Thirty CITY MANAGER'S REPORTS - Continued SUB STATION NORTH OF FREEWAY UTILITY EASEMENTPROBLEM Mr. Aiassa: We found out that the Telephone Company and the Edison Company have an easement right in the middle of our parking lot and proposed buildings and to relocate them will cost us money. We have another meeting coming up and it is going to cost a thousand or more dollars. There are three poles. I will hold this un- til the 17th and see if we can work something out. Councilman Heath: Mr. Dosh: Councilman Heath: LEFT TURN POCKET ZODY PRECISE PLAN 266 There is a drainage easement on the fire station property. Where is it? I don't know, but it is north and south. Mr. Aiassa: (Read letter re this matter.). It is recommended that the City Council approve the denial of this request and inform the Division of Highways of this recommendation. You have turned down two of these before. Councilman Towner: It seems to me that if our traffic engineers don't like it then we have to go along with it. Motion by Councilman Jett, seconded by Councilman Towner, and carried, to approve the recommendation of the staff to deny this Hatfield request. USER TAX Councilman Jett: Councilman Heath: Councilman Snyder: MISCELLANEOUS OUT OF TOWN CONFERENCES EXPENSES Mr. Aiassa: I am against it. I think I am against it. I don't think this increase would take care of our problem; it would just make people mad. I would like your reconfirmation as to whether we retain the $175.00 plus travelling time outside of the State for conferences of the staff or not. Councilman Jett: How was this $175.00 arrived at? I think if we are going to send a City Official some place and it warrants sending him, I feel we should pay whatever his expenses are, his travel- ling, his eating and his hotel bill. If it doesn't warrant it, I don't -30- • • C. C 9-11-62 OUT OF TOWN CONFERENCES EXPENSE - Continued Councilman Jett - Continued: Mr. Aiassa: Mayor Barnes: Councilman Heath: have a point. As far entirely out of line. think you should leave ination or partiality. Page Thirty -One think we should send the man at all. I don't think we should put a limit on it. This could involve a great deal of money. This limitation is a Council policy. I think the $175.00 is fine within the State, but when you are going a long distance it is not adequate and I think this should be con- sidered. I think we have two problems.here. As far as the executive power of the City is concerned, I think you might as the staff member is concerned, I think it is But, where are you going to draw the line? I it the way it is; that way, you have no discrim- Mr. Aiassa: If the conference is of enough im- portance, the individual should participate because he gains as much as the City. I think the $175.00 is a little short. I think if you brought it to $200.00 or $225.00 it would be more realistic. Councilman Heath: Councilman Snyder: Mr. Aiassa: I think when we direct someone to go somewhere we should pay the expenses; when they want to go, I think the $175.00 is ample. I agree. I think we need a flat rate but I think when we send them we can raise the amount. Let's continue on your present policy and in your future regu- lar personnel session we'll give this another whirl. ' Motion by Councilman Heath, seconded by Councilman Towner, that the present policy concerning out of town conferences expenses and one -day travel time be maintained until further study. Motion passed.on roll call as follows: Ayes: Councilmen Towner, Heath, Snyder Noes: Councilman Jett, Mayor Barnes Absent: None Mayor Barnes: I feel that if a conference is worth attending it is worth the money that is spent if it is ben- eficial to the City. -31- C. C. 9-11-62 COUNCIL COMMITTEE REPORTS Page Thirty -Two ANNEXATION NO. 158 • Councilman Heath: We are about to embark on a program where they are going to -develop the Sentous Ranch and Annexation No'. 158. Our present ordinance says that we collect $25.00 per lot for recreation purposes. I would imagine that if there is any problem with this that Home Savings and Loan staff would be aware of this. I am also led to believe that the City of Upland has an opinion that is illegal.- ,Mr. Williams, can you give us an idea on it before we start getting our- selves into trouble? • Mr. Williams: Upland had an ordinance that re- quired every subdivider to pay so much per lot for drainage needs and park and recreation needs. It did not specify that the money had to be spent in the particular vicinity of the subdivision. It was attacked and the Supreme Court in the case of Kelber vs. Upland, held the re-, quirement to be unconstitutional and all the money had to be returned. Several other cities have been rushed for the return of money they collected under an ordinance requiring so much a lot from a subdivider. The Kelber case held this wasn't a power grantedtb the cities by the Subdivision Act. After the Kelber case I rewrote our ordinance in an effort to come into compliance. We require the dedication of an ease- ment for park and recreation purposes to serve their subdivision, or at their election, not ours, if they don't want to dedicate, to pay the sum of $25.00 per lot which will be used by the City for the pur- pose of providing in the vicinity, park and recreation facilities. Whether this would get by the Kelber decision or not, we don't know. Councilman Heath: going to get ourselves into trouble ordinance? Mr. Williams: Councilman Heath: Mayor Barnes: Mr. Aiassa: • LAWSUIT INVOLVING CITY OFFICIALS Councilman Heath: Ih dealing with Home Savings and Loan we are dealing with a very astute group. Are we possibly dealing with this group under this I would raise the point with them. You may be able to take an actual park. I would guess that it is very possible so that instead of the money they may well give us a park. I think they will negotiate on it. They told us they will not give us a park. We will want a copy of that ordinance for Home Savings and Loan. All right. I understand some City officials are being sued and I would like to have some details on it. -32- C. C. 9-11-62 LAWSUIT - Continued Page Thirty -Three Mr. Aiassa: Mr. Flo:tten, Mr. Pontow and Mr. Fowler were in court and the • case has been postponed until September 13. It appears that the only thing they want from us is to review the official papers and records of the City. • C� Councilman Heath: Mr. Aiassa: Councilman Heath: Mr. Aiassa: The only thing the Council knows is that there have been some summons served on some of the staff. They are trying to question us on the height of the Ralphs-Zody building. I think a report is in order to let us know what they are trying to do. We will let you know after the 13th. Mr. Williams: I don't know much about this. This came up the day before I left on vacation. The paper that was served as a Writ of Mandate which is generally used in these annexation battles to order you to do this or come to court and show why you have not. As I understand, it is directed to the members of the staff to enforce the ordinance and the precise plan relating to Ralphs-Zodys, contending in the petition that it has not been enforced as to height, as to the wall, as to the drainage. This comes up Thursday morning of this week. This is a trial; it is not just a preliminary. I did contact the day before I left the attorney's for Zodys and told them that as we see it they are the real party in interest, not the City, and if the law suit is lost they suffer the damage, not us, so they had better get in and defend us. They have gotten a good lawyer to defend it, and my understanding with them is that they are to carry the ball. You can thwart all of this by amending a precise plan and grant them a variance for what they have got and this would stop the litigation. Give them permission to have what is built. You would have to have a hearing on this. I don't think there is an urgency about it. We might be able to prevail without it. I would not do it tonight or before the 13th for fear that such an action might antagonize the court. MAYOR'S REPORTS SAN GABRIEL VALLEY SYMPHONY Mayor Banres: was to contact these people and we that would be signed by them. Mr. with reference to the letter? Mr. Flotten: U. S. CONFERENCE OF MAYORS Mayor Barnes: I have a letter from the San Gabriel Valley Symphony thanking us for sup- porting them. I think Mr. Flotten had a type of agreement or contract Flotten, will you advise them on this Yes, Mr. Mayor. The U. S. Conference of Mayors have asked that we join at a cost of $100.00 per membership. -33- C. C. 9-11-62 Page Thirty -Four MAYOR'S REPORTS - Continued U. S. CONFERENCE OF MAYORS - Continued . Councilman Snyder: We get all their literature anyway, don't we? Councilman Heath: Yes. We haven't been in this before. I can't see that we are going to benefit from it and I think it would be a waste of money. • U Motion by Councilman Heath, seconded by Councilman Jett, and carried, to decline the invitation to become a member of the U. S. Conference of Mayors Mayor:Barnes: I have a letter from the Mayor of Sacramento asking us to join and I will advise him of our decision. SENATE REAPPORTIONMENT Mayor Barnes: Councilmen Jett, Heath, and I attended the meeting of the Senate Reapportionment last Wednesday, the 5tho I would like to know from the Council this evening if they would like to pass a resolution or anything to support the reapportionment, Proposition No. 23e.. The schools are now supporting it, and the League of California Cities and also the Los Angeles Chamber of Commerce. Coucilman Snyder: Councilman Towner: I think you are mistaken about the League supporting it. I think the Los Angeles League Division approved the prior pro- posal but not the present proposal. Mr, Williams: The State Board discussed this at the last meeting and they refused to endorse it. The Los Angeles Chapter of the League endorsed the plan that was known as the Benelli Plan but I am reasonably positive the Los Angeles Division has taken no action on the present constitutional amendment. Councilman Heath: I think we should support.ito Councilman Snyder: Last time I said I wouldn't oppose such a resolution but I have changed my mind because after thinking about it I think this particular proposition will only delay a better reappor- tionment or a better reorganization of the State Legislature and I think it takes no consideration of the quality of the legislation or consider- ation into the concept of bicameral legislation. Councilman Towner: I think that the weight of the ar- gument is in favor of Proposition No 23; however, I have strong dis- inclinations to giving too much con- trol to these large urban centers. I am in favor of it. -34- C. C. 9-11-62 SENATE REAPPORTIONMENT - Continued Page Thirty -Five Motion by Councilman Jett, seconded by'Councilman Heath, to recommend wholehearted support of Proposition No. 23 at the November election. Motion passed on:roll call as follows: • Ayes: Councilmen Jett, Towner, Heath, Mayor Barnes Noes: Councilman Snyder Absent: None STATE REAL ESTATE BOARD MEETING Mayor Barnes: There is going to be a State Real Estate Board meeting in -the City Hall tomorrow at 10:00 o'clock - until noon. Anyone wishing to attend will be welcome. SAN GABRIEL WATER BOARD Mayor Barnes: If anyone wishes to attend, I think Mr. Heath and myself will be atten- ding the San Gabriel Water Board meeting tomorrow night at 7:30 P.M. at Alhambra City Hall. GENERAL PLAN • Councilman Jett: We have a letter here from the Chamber of Commerce and I think we have two gentlemen from the Chamber and I think in all due respect we should at least aknowledge the letter. I would like to clarify a point for the Chamber of Com- merce tonight. I think there has been misinformation or something is wrong because there is a reason why the General Plan has not been voted upon. There is information that the Council has requested be furnished to them. We do:not have that information as yet and I for one am not ready to vote upon the General Plan and I will.not until I have this information and am in a position and able to vote intel- ligently. Councilman Snyder: I am interested to find this out myself because it was my under- standing that it was going to be held until a joint meeting with the Planning Commission and then brought up for a decision. I never agreed to wait for any further information. I think we have all the information that we need and I don't think this is really the case. I think this is a procedure to stall the General Plana Councilman Heath: I am not stalling for that reason whatsoever and I have made it clear • that I am waiting for a report be- fore I vote on the General Plan. Councilman Towner: The Plan is being held up because of the request of Councilmen Jett and Heath for this information. It was not a request of the Council; it was their individual request. I think we could vote on the Plan if it were brought before the Council at any time, -35 - Co C. 9-11-62 Page Thirty -Six GENERAL PLAN - Continued Mayor Barnes: This is one of the reasons I brought it up at -our last study session was to find out your tofeelings on this. I felt we still had some areas that -needed study and it was expressed at the study session, and as far as I am concerned, we should have those points cleared before we adopt the General Plano Or, if we adopt the General Plan by motion, to reserve the -right for any of these areas for study before passing a resolution to this'effecte I think we have to reserve these areas because we don't want to adopt a plan that we are not in agreement with. I think there are many areas where there are problems which should be cleared up, 0 0 Councilman Snyder: My remarks.still holdo'J would like to make a correction in the, Minutes of the study session re garding the study on South Glendora, It shows that I, said "All right" in the agreement to the study of South Glendora but I think I added that if it should be submitted to the Realty Board it should be sub- mitted to all the other groups such as the League and the Chamber of Commerce. Mayor Barnes: I objected to submitting it to the Realty Board. I think we are going to have to take the responsibility. Councilman Towner: This was thoroughly discussed at our study session and at'that time it was clearly indicated that we could adopt the General Plan by motion and use it as a guide with the reservation that further study be undertaken on this particular problem area on Glendora. I don't see any reason we couldn't go ahead and do that. Councilman Jett: I am still opposed to it and will always be opposed to it as long as there is something wrong with it and if there is something wrong with it we should not approve it. I was the one who suggested that the Realty Board be given an opportunity to study this for a recommendation. I did not say that they should plan it. Councilman Snyder: Councilman Jett: Mr. Flotten: OCTOBER 22nd MEETING You said you felt that the Realty Board should do the planning in this City. I said they should have the oppor- tunity to make a recommendation and they could do a better job be- cause they are professionals. Call me about the corrections in the Minutes of the study session and I will correct them, Mr. Flotten: The League of California Cities meeting in Los Angeles, October 22, is the first day of the con- ference. You have a Council meeting that night. Do you want to post- pone that meeting? -36- w F " Co C. 9-11-62 Page Thirty -Seven OCTOBER 22ND MEETING -- Continued Mayor Barnes: I asked -Mr. Flotten to check this and to possibly get a room ahead of time in the Biltmore Hotel so we would be closer to the meetings and also he brought up the fact that Monday night, which is our regular meeting night, will be the first night of the conference. If we want a room for that particular night, we won't benefit unless we want to adjourn the Council meeting until the following Monday, which we could do. Councilman Towner: Councilman Heath: Councilman Jett: Councilman Heath: Mayor Barnes: DEMANDS That is f ine with me. All right. That's all right with me, Do you plan to open it up to the Planning Commission as we did last year? I see no reason why not. Motion by Counciman Snyder, seconded by Councilman Towner, to approve demands totaling $104,749.14 as listed on demand sheets C-260, C-261 and B-110a This total includes fund transfers of $79,834.95, 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 Jett, seconded by Councilman Towner and carried, that this meeting be adjourned to reconvene on Monday, September 17, 1962, at eight o'clock. ATTEST: City Clerk uanjoff, Mayor -37-