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10-08-1962 - Regular Meeting - Minutesh -t, MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA October 8, 1962 The regular meeting of the City Council was called to order by Mayor Barnes at 7:55 P.M. in the West Covina City Hall. Councilman Towner led the Pledge of Allegiance with the invocation being given by Rev. Henry Kent, Community Presbyterian Church. RnT.T. r AT.T. Present: Mayor Barnes, Councilmen Jett, Towner, Heath, Snyder Others Present: Mr. Mr. Mr. Mr. Mr. APPROVAL OF MINUTES September 11, 1962 George Aiassa, City Manager Robert Flotten, City Clerk Harry C. Williams, City Attorney Thomas Dosh, Public Services Director Harold Joseph, Planning Director Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the Minutes of September 11, 1962 be approved as submitted. September 17, 1962 Motion by Councilman Heath, seconded by Councilman Towner, and carried, that the Minutes of September 17, 1962 be approved as submitted. CITY CLERK'S REPORTS PROJECT NO. C-163 LOCATION: Sunset Avenue South of Accept Street Improvements Garvey Avenue D & W Paving Contractor APPROVED Accept street improvements and authorize release of Ohio Cas- ualty Insurance Company perform- ance bond No. 1080453 in the amount of $4,500.00, subject to Notice of Completion Procedure. Inspector's final report filed. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to accept the street improvements in Project C-163 and release the Ohio Casualty Insurance Company performance bond No. 1080453 in the amount of $4,500.00 subject to the Notice of Completion. METES & BOUNDS SUBDIVISION NO. 135-187 Accept Street Improvements (Jerry P. Conboy) HELD OVER LOCATION: Southwest corner'of Meadow Road and Garvey Avenue Accept street improvements and authorize release of cash deposit in the amount of $835.00. Inspec- tor's final report filed. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Metes and Bounds Subdivision No. 135-187 be held over until the next regular meeting of the City Council, October 29, 1962. -1- 0 C C. 10-8-62 CITY CLERK'S REPORTS - Continued RESOLUTION NO. 2470. ADOPTED Mayor Barnes: Page Two The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPRO- VING BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN PRECISE PLAN NO. 328 IN SAID CITY" 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. 2470. RESOLUTION NO. 2471 ADOPTED Mayor Barnes: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPRO- VING THE FINAL SUBDIVISION.MAP OF METES AND BOUNDS SUBDIVISION NO. 135-193 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 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. 2471. RESOLUTION NO. 2472 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 THERE- OF" Instrument executed by Eugene Jacobs and Darlene F.=Jacobs dated August 21, 1962. #i4A 4Sj(B /c3-'-1q3, 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: -2- t C. C. 10-8-62 Page Three RESOLUTION NO. 2472 - Continued Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No. 2472. SCHEDULED MATTERS 14P AR TN(:C INSTALLATION OF SANITARY SEWERS Hearing of protests or objections DISTRICT A111-61-1 to forming 1911 Act Assessment Dis- trict to cover installation of san- itary sewers in the Orange Avenue and Pacific Avenue Sewer District. Set for hearing on this date by Res- olution of Intention No. 2452 adopted by the City Council at their regu- lar meeting of August 11, 1962. Mayor Barnes: Mr. City Clerk, do you have the affidavits of publication, pos- ting and mailing? Mr. Flotten: I have the affidavits, Mr. Mayor. Motion by Councilman Heath, seconded by Councilman Towner, and carried, that these affidavits be received and filed. Mayor Barnes: Mr. City Clerk, have you received any written protests? Mr. Flotten: No written or oral protests have been received. Mayor Barnes: Is there anyone in the audience who wishes to protest Sanitary District A'11-61-1? Mr. Ed Farrell I don't believe at this time we 1818 West E1 Dorado have any facts and figures on the case to justify our opposing or going with it. We don't know what it is going to cost us and I think on that score we should wait until we do know. Mayor Barnes: We must submit this for bids to get the exact cost. All we have is the engineering estimate at the present time. Mr. Ed Farrell: We don't even know what that is. Mr. Rosetti, Assessment Engineer: The Engineering Department has com- pleted a study of what the entire project would cost, an estimated figure. The total cost of the project will be $367,681.00. As of the present figures, it will run about $5.60 a front accessible foot which is an excellent figure. Mr. Ed Farrell: Is that from the property line to the center of the street? -3- M C. C. 10-8-62 DISTRICT A-11-61-1 - Continued Mr. Rosetti: Mr. Ed Farrell: Mr. Rosetti: Mr. Walter Via 253 North Ituni Avenue Page Four That is across the front of'the lot if the lot is rectangular in size. What does that cover? Do these figures cover the connection from the property to the center of the street? It covers the entire sewer down - the center of the street plus -the house lateral. It does not count the house connection. How is this payment going to be paid? Is it going to be over a period of five, ten years, or what? Can you pay it off at once? Mr. Rosetti: After the project is completed, you have thirty days in which to pay the entire assessment in cash. If you cannot do so then it will go a ten-year bond paid in ten equal installments. If you wish to pay the bond off you may pay the bond off with the six-month period of interest that you are in at that time. Mr. Walter Via: If this is prepaid, there will be no interest on that, is that cor- rect? Mr. Rosetti: That's right. Mr. Walter Via: Will the residents of these dis- tricts be advised or notified when that payment is due? Mr. Rosetti: Yes. When the Council confirms the assessment, in about three days each property owner will receive a bill for the amount of the assessment; that will be without the interest. Mr. Royce Leader 321 North Willow Mr. Dosh : cut is made. In addition to this, in the area that need resurfacing. Mr. Aiassa: Mr. Royce Leader: When putting in sewers on Pacific Around Willow Avenue would that be all excavated and sealed up and not left like it is now, a big mess of dirt and mud that has been there for the last five or six years? What we propose to do is after the sewer is installed, we will service the trench over where the pavement we hope to resurface all of the streets We have your name and address in the Minutes and we will call on you and see what the problem is. Thank you. There being no further public testimony, the hearing was closed. -4- ra C. C. 10-8-62 RESOLUTION NO. 2473 ADOPTED Mayor Barnes: Page Five The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING WORK TO BE DONE ON WILLOW AVENUE, MORRIS AVENUE AND OTHER STREETS AND RIGHTS OF WAY IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 24521, (District A'11-61-1) 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. 2473. PRECISE PLAN OF DESIGN NO. 231 (Revision 1) James L. Allen & Albert L. Snell LOCATION: Puente Avenue between . Sunset and'Yaleton Avenues. HELD OVER Request to reclassify from Zone R-3 to Zone C-1 and P-B. Approved by Planning Commission Resolution No. 1251 on September 5, 1962. Request for adoption of Precise Plan of De- sign denied by Planning Commission Resolution No. 1252 on September 5, 1962. Appealed by applicant on September 6, 1962. Held over from Sep- tember 24, 1962, in order that City Staff .and applicant may work out a more suitable Precise Plan. Maps were presented and Mr. Joseph explained.each map and gave a brief summary of the problem. Planning Director, Mr. Joseph: We have three proposals prepared by the applicant. None of them conform to the minimum parking requirements. We did not have the opportunity to discuss asthetics with the applicant and possibly Mr. Snell or Mr. Allen can discuss this with you tonight. Of the three plans presented, Plan No. 2 is the one we would prefer. All three plans as revised are short in parking even with office space. It would be more deficient if the offices were con- verted to commercial. On Plan No. 2 they are about 19 stalls short; Plan No. 3, 28 stalls short; and Plan No. 1, 23 stalls short. This building configuration was the only one submitted to the staff. Mr. Albert L. Snell, Jr. We cut down on the building space 1160 South Lark Ellen 5,500 square feet. We included additional landscaping as much as we possibly could in the location. Primarily the buildings are all the same and there are three different variations of the parking. In relation to the parking requirements here, when we first initiated this, the parking requirements for that type of development, as you are probably well aware of, were way.under the par- king ratio that we are operating under now. As far as the design of the buildings is concerned, we do intend to carry out the design of the fire station and blend that right across. We would like to face on the streets as we have it there because it would be facing the other development across the street. -5- 11 C. C. 10-8-62 PRECISE PLAN NO. 231 - Rev. 1 - Continued Councilman.Snyder: assurance do we have or how could we always be used for offices? Mr. Joseph: Page Six If one building is to be used for offices, which could be done to meet the,parking requirements, what obtain assurance that this would The rights go with the zone. Councilman Snyder: We would have no assurance once the precise plan was approved"that this would be used for offices. I think this plan is an improvement over last week but I still think'there are other methods of getting better utilization of the land and certainly better utilization of the parking. Councilman Heath: I have been figuring out the ratio of the parking and something doesn't sound right here. Councilman Towner: I agree that this is an improvement over what was shown last time but I think actually what they are arguing here, is either that they want a variance from the ordinance or that the ordinance should be changed. They have presented no justification for coming in with fewer parking stalls than our ordinance requires; they just want them. I think unless they come up with justification for it, either by variance or persuade the City Council to go through the pro- cedure of changing its ordinance, which would be a retrogression com- pared to what other cities are doing, I don't think they can justify any departure from our ordinance. I think they should be required to put in the same number of parking stalls that everyone else is required to put in by ordinance. Another continent that I have is that the City is about to spend a very substantial sum of money on a library and fire station at the corner of Yaleton and Puente and we have archi- tectural designs showing landscaping around the corner and I think in order to protect the tax payers investment that we ought to provide some- thing in landscaping here fairly similar. They may not have to go to that same extent, but at least something that approaches. itand provides a com- patable development. This does not show that. I think before I would be willing to approve this plan or any plan on this property that they would have to do two things: One, provide parking in accordance with our ex- isting ordinance; and secondly, provide suitable landscaping somewhat similar to the landscaping provided by the City itself on the adjoining property. I have another comment. I assume this plan will be revised and I think if it is, that some consideration should be given to traffic circulation. It may be adequate here, but I have some'question about it. 'I think on the office space, there is no.; justification for reducing parking there because the zoning is commer- cial and they could change it at any time and therefore they should be required to provide parking in accordance with the ordinance.. Councilman Jett: I think this points up the fact that a precise plan or the respon- sibility of the City Council of determining how a plan is going to develop, I do not think is proper. I am against a precise plan as such. I don't think that we, the Commis- sion or the Council, should tell any property owner how to build buil- dings, how to set them on his property or how to arrange his parking lot. C. C. 10-8-62 Page Seven PRECISE PLAN NO. 231 (Rev. 1) -.Continued Councilman Jett - Continued: I think it is up to the..individual who is going to make the investment to determine the best use of his property and let him have the responsibility. I think if we are going to attempt to do these things that we should do them in our ordinance. In this particular case, this happens to be a small neighborhood de* velopment. As such, I'm sure that a considerable amount of the busi- ness here is going to come from the neighborhood, people who will be walking to these stores. It is my feeling and my belief that with this in mind I think it is an imposition on the property owner to re- quire him to provide the same amount of parking at the same ratio of parking that you would require from a building development like Scoa. I don't think there is any comparison between the two at all. I think the parking in this fulfills the requirements for a variance. Councilman Heath: I think Councilman Towner has some good points; however, I would like to point out some- thing here. If you look at the large building here, in figuring this by square foot of 150 square feet per stall, that 60-foot store re- quires 30 parking stalls. The one next to it is 25 feet wide and 65 feet deep and requires 11 parking stalls. The 30-foot one requires 12 parking stalls and so forth and the one on the right is 13. If by a variance or some other means we could make more realistic require- ments on the number of stalls we would have enough room for putting or demanding a lot more landscaping. In a store the size of this, 60 by 75, I think to require 30 stalls for a space like that is a little • absurd. If we went back to the old requirement of 300 square feet per stall this would cut the parking requirements exactly in half and in- stead of 107, it would give us 54 required and they have shown 88. We could knock out 34 stalls and provide for landscaping. I think we would be requesting an ample amount of parking stalls and make room for the landscaping. Mr. City Attorney, our ordinance states there has to be so many stalls per so many square feet. In a precise plan can you grant a precise plan and one of the conditions to be that they require less parking spaces without going through a variance? Mr. Williams: No. By precise plan you can re- quire a higher degree of perfor- mance; you cannot permit a lower degree of performance. You could approve it subject to the condition that they get a variance and to be effective when they get one. In approving a precise plan you cannot waive or diminish any requirements as contained in the ordinance. Councilman Snyder: In defense of the parking ordi- nance, I used to think that pos- sibly we are too strict, but we have a group of buildings down here and we can't add on because we don't have the parking space to add on and right now although we have the legal required parking space we do not have enough. I think it is more likely for these smaller shopping centers where your parking space would be over used or filled up than it would be at Scoa because they have far in excess of their parking needs. I don't think they have shown any justification for a variance and I don't see how we can give it to them. I think our parking ordinance, by experience, is proving a good ordinance. -7- • 0 C. C. 10-5-62 Page Eight PRECISE PLAN NO. 231 (Rev. 1) - Continued Councilman Towner: I would agree with what council- man Jett said, that the owner of the property should be able'to tell us what layout he wants in the way of buildings and parking. The only contingency that I would put on it is that the owner in his lay- out conform to the ordinance or justify a change from the ordinance. Here they have drawn their own plans and shown us where they want the buildings and the parking and my answer to this plan that they present to us is not that your buildings are on the property in "the wrong place, but only that they do not provide us with enough parking and they don't provide.us with the kind of landscaping that should go into the area. I think they are on the right track but I don't think that a's of this''' date they have shown any justification for departure from the ordinance. I think we should not discriminate and require these people to put in more landscaping than somebody else or less. We should attempt as nearly as possible to be uniform in these requirements and that is what I hope to do. I note that there is no.provision for sidewalks on this particular piece of property and I assume next to a library that we ought to want some place to walk beside the street. Mr. Joseph: The parkway area does.pot show on this plan. Within the right of way you will have improvements such as sidewalks, curb, gutter and paving. Mr. Dosh: This plan of itself does not solve our drainage problem. Mr. Snell has to procure an easement through the City property or this R-1 property to solve his drainage problem. Councilman Jett: Mr. Williams, on the approval of the precise plan can we, as a re- quirement, have the approval of this plan require that when building starts/that the entire property be improved at the same time and not be done piecemeal? I am thinking more of the parking than anything else. Mr. Williams: Yes, I think so. The Council has imposed a similar condition in cer- tain instances. I think the legal answer to the question is this: You can impose any condition which has a reasonable bearing or relationship to the factors which you may con- sider in approving a precise plan. One of the factors is ground cover- age, for example, the proper relationship to one another, of buildings and parking area. Therefore, it would appear to me that a requirement of building in a certain order of development or building all at one time or something would be a reasonable condition and would bear a re- lationship to these things which you do consider when you approve a pre- cise plan. I think if you see a relationship to the approval of the plan then I think the condition is reasonable. Councilman Jett: I think in this instance this fits the purpose then. ME 0 C G. 10-8-62 PRECISE PLAN NO. 231 (REV. 1 - Continued Page Nine Mayor Barnes: I like plan number three. They have all the planting -area, in the front if they would take out the two center driveways. I feel perhaps it,might be a good idea'to re- study our parking ordinances as far as neighborhood shopping centers in relation to the larger shopping centers. I think in a local neigh- borhood center some of the people walk to the store; it isn't neces- sarily all cars and the requirement for this type of shopping center wouldn't be as great as it would be in the Plaza or around the Broad- way or some store of this magnitude. Councilman Snyder: Before we can approve this, though, I think strictly as a matter of law you are going to have to show some justification for a variance. You can't do it without showing a justification for a variance and it has not been shown. Councilman Towner: We could approve it subject to - its being conformed to the ordinance but I prefer, and I think the devel- opers would prefer, to have a plan come through and get approved as they want it. If we hold it subject to conformance withthe ordinance or sub- ject to a future variance, then I think preferable route would be to take these plans and have the Planning Department; Fire Department, Police Department and Engineering Department review them and come up with their suggested recommendations that would make these plans con- form to the usual requirements for this type of development and with that list of requirements they can draw it up to meet them. This, to me, doesn't provide, for example, adequate access for the,police or fire departments, doesn't provide adequate parking according to ordinance and doesn't provide adequate landscaping according to our usual City requirements. I think if you refer it back and go over it again that they might come up with a suitable plan next time. Councilman Heath: I tried to make a..point before but evidently it didn't go over. In looking at a building 60 feet by 75 feet and to say that an establishment of that type requires 30 parking stalls, I think, is unrealistic. These numbers are way out of line even though they agree with the ordinance. I think on the basis of requiring 30 cars fora building this size has all the re- quirements for a variance and I think that the reason for the variance is the fact that our parking requirements are as erroneous as can be. Councilman Snyder: If we used that as a reason for a variance we would be done from here on out. Councilman Heath: Until our ordinance can be re- vised I think we should use a variance until that time comes about. Councilman Towner: I am not ready to conceive that we ought to start back-pedalling on these parking requirements.. The number of cars per home is increasing; we have more cars per home than any other City of comparable size in Los Angeles County. This is a trend that is increasing. What I am pointing out is that this is a community on wheels. People don't walk; they drive. We have to pro- vide adequate parking and adequate traffic circulation. This is one of the most difficult problems that we are faced with constantly and -9- C. C. 10-8-62 PRECISE PLAN NO. 231 (REV. 1) - Continued Page Ten Councilman Towner - Continued: • I think any City that starts going backwards on parking requirements is going to build a slum area and you will find very shortly an area like this with inadequate parking will go down hill and will blight the neighborhood. I think we ought to avoid that. I think Council man Heath's argument is directed toward the ordinance and there is no variance before us. As of tonight, we have nothing to act'on except to say that this does.not conform.to.the ordinance or our usual and customary requirements. Then I want to know what do we do with it. I think we can save time by referring it back to the Planning Commis- sion and let them pick it up subject to these suggestions of the Coun- cil and send us a revised plan after their study. It is my understan- ding that the ordinance provides that if the Council has a plan pre- sented to it that is materially different than the one presented to the Planning Commission that in some respect this has to go back to the Planning Commission, is this correct? • s Mr. Williams: I think so. Councilman Snyder: There is too much variation from the ordinance to grant a variance because they have not shown suf- ficient cause and I can show you many cases in the City where they have totally inadequate parking. When this parking -.ordinance was drawn up, the Planning Commission took ordinances from many cities. They made engineering studies of the required amount of parking and the trends for the future and these parking requirements were not just arbitrary; they are based upon experience and based on many different studies. Councilman Heath: Does our parking ordinance make a differential between the re- quirements of a neighborhood shopping center as in relation to a central shopping center in rela- tion to a regional shopping center as far as the requirements are concerned? Mr. Joseph: The parking ratio for commercial stores is the same in any zone classification. The neighborhood commercial zone is known as C-1. The more community or regional.cen- ters are C-2. They take the same ratio. Councilman Snyder: cess of what the City requires. in more. I think it is significant that developers with wide experience feel that they should put in ex - They don't try to get less; they put Councilman Heath: I think that there is a difference in requirements depending upon the location. We have a responsibility to the developer and to these people who own the property to let them get the maximum use out of their property. To require them to cut down on the usable space to make provisions for parking is not fair to them nor is it fair to the City. I think this parking ordinance needs going over. I therefore feel that in light of the fact even though we have passed a parking ordinance, I think the ratio is wrong and should be revised. I think there is justification for a variance on this piece of property. -10- Ca Co 10-8-62 Page Eleven PRECISE PLAN NO, 231 - REV' 1 - Continued Councilman Snyder: I think we do a lot of talking about our responsibility'to the developer but we also have a re- sponsibility to the neighbors of these people and to the tenants that are going to occupy these buildings. Our thinking mostly should be in the direction of the neighbors around this area, the people who are going to use the parking lot and also the tenants of this building. I don't feel that your opinions on parking are based on any scientific fact; they are only based on observations you have made in driving to different neighborhood shopping centers. Councilman Towner: Mr. Aiassa: Councilman Towner: to restudy the parking ordinance that he can make the proposal we that is in front of use When was the parking ordinance enacted? 1960. If I recall correctly, Mr. Heath was on the City Council at the time. I think if Mr. Heath wants with a view to lowering requirements, need to do here is act on the plan Motion by Councilman Towner, seconded by Councilman Snyder, that Pre- cise Plan of Design No, 231, Revision 1, be referred back to the City Planning Commission for study as to,the required parking and landscaping, traffic circulation and timing of the development. • Mr, Albert L. Snell: Originally in 1960 prior to the adoption of your present require- ments for parking, we submitted this same piece of property for development. At that time the parking ratio was one to 300. Now just because of the fact that the parking requirements and your ordinance have been changed, the situation has changed as far as the recommendations of the Planning Commission, At that particular time the Planning Commission recommended approval of it subject to the approval of the zoning of the property. As far as that part is concerned, we have less footage in our buildings now than we had at that particular time. • Counci lman Towner: be, according to the ordinance, be mission? Councilman Jett: Councilman Heath: When there is such a material change in a precise plan as has been made in this one, it should referred back to the Planning Com- Is this compulsory or could this plan be approved tonight? Subject to a variance. The precise plan ordinance, as I recall it, does not in so many words state that if there is a substantial change it must be referred back to the Commission. But, if I remember correctly, it states that the procedure shall be the same as the procedure for a variance. In the code provision relating to a variance it states that if there is a substantial change coming before the City Council it shall be referred back to the Planning Com- mission before you act, not that they have to set it for hearing again or give new notice, but they make a study and report back to you before you act on its So', by analogy, although it doesn't say this in the precise plan ordinance, I feel that that would apply. As to what you -11- Mr, Williams: C. C 10-8-62 Page Twelve ...,PRECISE... PLAN. NO..._.231-- (REV-.:.r.l).--.-Continue-d ... ....._.._ ..- _ Mr. Williams - Continued: could do, you can't approve it because -it dodsh't cdhforin to the • ordinance. You can hold it until you amend the ordinance'or-"you can hold it until a variance is,obtained'or you could approve­it­ subject to the condition that this approval shall not be effective for any purpose unless and until the ordinance is amended_so'that` this will then comply or unless and until they get a variance with which they will comply. Councilman Towner: The intent of my motion was not to require public hearings and public notice but for study and report. Councilman Jett: I feel that the people on the north side of the freeway are' entitled to have a fire station. This is something that is being held up because we have been unable'' to arrive at a decision on approval of this precise plan and obtaining the prints from the architect for the fire station. I think we should make every possible effort to get this fire station under construction and I think that we should do everything we can to speed this up. I would like to see,a requirement that when these buildings start or thedevelopment of this area starts that they require that all the areas hat -are to -bye .for;- avin p g;°--the .sridewa3:ks-and--a1-those- improvements,— be required as a part of the development so it is not developed on a piecemeal I basis. • Councilman Heath: If this goes back all they can do is cut out some of these stores and cut it down until they have the proper ratio. They can do nothing more than cut down the number of buildings until they get the proper ratio between stores and parking lot. If we hold it here and wait for a variance, they can then go and get a variance. Action on Councilman Towner's motion: Motion failed on roll call as follows: Ayes: Councilmen Towner, Snyder Noes: Councilmen Jett, Heath, Mayor Barnes Absent:, None - Motion by Councilman Heath, seconded by Councilman Jett, that Precise Plan of Design No. 231, Revision 1, be held before the City Council for decision until the Council receives an application for a variance as to the required parking or until such a variance is granted. Mayor Barnes: Mr. Albert L. Snell: Councilman Towner: Mayor Barnes: Would the applicant be willing to do this? Yes As I understand it, the hearing on the commercial zoning has closed. Was there a vote, on the commercial zoning? It was ,approved. -12- C. C. 10-8-62 Page Thirteen PRECISE PLAN NO. 231 (REV. 1) - Continued Councilman Towner: I understand further that the condition placed upon the sale of the property to the City of • commercial zoning has been fulfilled and we can go ahead now and buy that property and put up our fire station and our library without the precise plan being approved; that the precise plan is entirely separ- ate from the agreement. i Mr. Williams: There was no condition in the ne- gotiated settlement concerning approval of the precise plan on the C-1 property. Councilman Towner: I think that there should be no mistake about that. We intend to go ahead and close out the sale so we can have our fire station and library built and no longer be subject to this tail -twisting with respect to the precise plan. Action on Councilman Heath's motion. Motion passed on roll call as follows: Ayes: Councilmen Noes: Councilmen Absent: None Councilman Snyder: Mr. James L. Allen 5484 Village Green Jett, Heath, Mayor Barnes Towner, Snyder we were in for the value of utmost of the commercial. cut down where the buildings well left it R-3. I feel that such action of a vari- ance is making a mockery of our Planning Commission and our ordi- nance and also the requirements for a variance. At the time we were negotiating on the sale of the property as to the commercial zoning to the sale of the property, at that time the commercial property to realize the If the value of our property is going to be are going to be cut, we would have just as Councilman Towner: I do assume that you will conform to the agreement that you entered into through Mr. Heath as to the sale of this property to the City with respect to the commercial zoning. We anticipate that you will carry out your contract. Mayor Barnes: You mean Mr. Williams, don't you? Councilman Towner: It was negotiated through Mr. Heath, I believe. Mr. Williams: Mr. Snell told me that it is his • opinion that there was an under- standing that the precise plan on the C-1 property was part of the transaction. I have here the letter from his attorney setting forth the terms which we agreed to. I don't recall any discussion which had anything to do with approving a precise plan on the C-1 property. As far as I'm concerned insofar as the con- demnation action is conerned, if Mr. Snell means what I think he just told me, I would ask your permission to proceed with the condemnation immediately. I would like to read this letter into the Minutes: -13- C. C. 10-8-62 Page Fourteen PRECISE PLAN NO. 231 (REV.1) - Continued Mr Williams - continued: "In confirmation of our receht- conversations, my'clients, James L. Allen, Mary E. Allen, Albert L. Snell, Jr. and Opal M. Snell, • have authorized me to represent to you that they will settle all claims for compensation and damages by reason of the taking,by plaintiff of Parcel 2 in the above action for the sum of $9,900.00 upon the following conditions: 11(1) That the parcel to be taken be reduced in area in the northeast corner to 'round out' the pro- posed alley on property owned by my clients (described in Precise Plan of Design No. 231, Revision 1) and delineated upon the diagram received by me in your letter of July 20, 1962; 11(2) That the City of West Covina initiate and complete proceedings to amend said Precise Plan No. 231 to permit the relocation of garages as delineated upon the diagram above referred to; and 11(3) That the balance of the prop- erty owned by my clients located to the east of Parcel 2, and des- cribed in the petition for rezoning filed on July 23, 1962 by my clients with the City of West Covina be rezoned to zone C-1." This letter is dated August 8, 1962 and addressed to Burke, Williams and Sorenson and signed by Harold E. Prudhon. If this is meant as I understood it to be that there is a condition not expressed here, I don't like to play ball that way and I would like to have authority to proceed with a lawsuit. Mayor Barnes: I don't think we need to because I think all of these requirements have been met. Mr. Williams: They have been met; now they say there is another requirement. Mayor Barnes: Mr. Thomas of Neptune and Thomas has promised that the plans and specifications of the new fire station will be in the hands of the City Manager on November 4. At this point I see no reason for holding it up. I don't feel that we should dilly-dally any more. I think this has been held up entirely too long. There seems to be some.animosity towards a fire station and I can't understand it. Councilman Snyder: Animosity from who? Mayor Barnes: I don't know. Motion by Councilman Towner, seconded by Counal man Jett, that the City Manager and the City Attorney be authorized to proceed with the ac- quisition of the Allen and Snell property in connection with the north fire station site. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heatii,_Snyder, Mayor Barnes Noes: None Absent: None -14- C. C. 10-8-62 PROPOSED AMENDMENT NO. 58 City Initiated APPROVED 0 Mayor Barnes: Mr. John Hiatt: Page Fifteen A proposal to amend Section 9218 of the West Covina Muni- cipal Code so as to include R-2 uses in the Precise Plan procedure. Is there anyone in the audience interested in this matter? What does this cover? Councilman Jett: R-2 will be covered by a precise plan. This is simply to bring it up so our entire ordinance is uni- form. Mr. Flotten, City Clerk read Planning Commission Resolution No. 1260. There being no further public testimony, the hearing was closed. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Proposed Amendment No. 58, City Initiated, be approved. VARIANCE NO. 368 LOCATION: Service Avenue between and Sunset Avenue and Rich - PRECISE PLAN OF DESIGN NO. 299 land Avenue. Roger Roelle HELD OVER Request to permit reduction of require number of parking spaces . in Zone C-2, and for adoption of Precise Plan of Design, denied by Planning Commission Resolutions Nos. 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 request matter be held over from May 14th. Applicant not present. Held over to June llth, and from June llth, to July 23rd, and from July 23rd to September llth. Held over to September 24th, at request of applicant, and again to Oc- tober 8, 1962. City Clerk, Mr. Flotten read the Planning Commission report on these matters. Maps were presented and Mr. Joseph gave a brief summary of the matters before the Council. Mr. Aiassa: The variance is to reduce the number of parking stalls from 272 parking stalls to 92 par- king stalls. Mayor Barnes: Does the parking follow along the same orderly development as the other parking? Does the same type of parking continue so the circulation through all the area is the same? Mr. Dosh: The area is the same. There may be a little difficulty in the alignment but it is easy to get through, I would say. Councilman Towner: Is this property subject to any community parking agreement with the adjoining property? -15- C. C. 10-8-62 Page Sixteen VARIANCE NO. 368 - PRECISE PLAN NO. 299 - Continued Mr. Roger Roelle: I own the adjoining property and as you see by the plan I just'put up, the parking lot is a community arrangement with the adjoining property. Also, someone in the past has required that this property that we are talking about hold an easement open of 172 feet for ingress and egress to the community parking lot. We have tried to maintain the continuity for the whole block all the way through. This is why we are asking for a variance, so the whole block is the same. Councilman Towner: Is there a joint parking agree- ment between you and the other property owners? Mr. Roger Roelle: There is not and cannot be be- cause the parking agreement has already been set up between the adjoining property owners, but I don't see how you can stop people from parking in our lot and going to Barker Brothers and visa versa. Councilman Towner: It has come up here as to whether our ordinance applies to net or gross area within the building. It is my understanding that it means gross but it appears there may be some question about it. Mr. Williams: • Mr. Roger Roelle: Mayor Barnes: Mr. Roger Roelle: Councilman Heath: My recollection is that it states gross square feet. Just with the setback we are re- quired to give we could pick up 46 parking spaces. How many corridors do you have that are ten feet wide? One 20-foot corridor and one 1.0- foot wide on the first floor and three 10-foot on the second floor. That is 9,000 square feet. He would pick up about 30 stalls.if we made allowance for the hall- ways. Mayor Barnes: I think that this has to be done in an orderly manner. I feel that less parking is justified here. I don't know whether this much is justified, but I think it is justified in that I would like to keep the parking area all the same. in the back of the buildings. It would make a nicer looking develop- ment. • Councilman Towner: In providing these 92 parking spaces, it appears to me from looking at the plan, that there has been no allowance for landscaping in the parking lot area and it is my understanding that this was required on the adjoining areas. Mr. Roger Roelle: There is an allowance; there will be landscaping. -16- C. C 10-8-62 VARIANCE NO. 368 - PRECISE PLAN NO. 299 - Continued Page Seventeen Councilman Snyder: I think he is entitled to some - reduction and some variance from the requirements but not as much as he is asking. Councilman Towner: I assume that if landscap ing is to be provided here that some of these 92 parking spaces that are indicated on this precise plan application would be lost, is this right? Mr. Joseph: Possibly. Mr. Roger. Roelle: If landscaping is provided reason- ably, we won't.lose any parking stalls. Councilman Towner: I am willing, within reason,'to cut down on parking space require- ments, but I think we have to find some justification and some reasonable justification to do it. Councilman Heath: I don't think the ratio is right. There are 92 stalls possible and due to the hallways and so forth they should have an allowance equal to 30 stalls if we cut down to net which gives us the value for 122 stalls. Councilman Snyder: You can't subtract the entire hallway. They would have to at least have a three-foot hallway. Councilman Heath: That is a good point. However, let us say that we have 115 valued stalls. I think we are becoming more realistic to what has been put in along side of this building here and if the same privilege was extended to the buildings next door I think it should be extended to this one. Councilman Jett: I think with this type of a buil- ding the parking requirements are going to be a minimum, not a maxi- mum. In view of what has happened on the area next to it, I feel that we are justified in making these allowances on this particular piece of property. I think the requirements for a variance in this case have been met. Mayor Barnes: I think we want to keep the contin- uity of these buildings in this area. I believe that with parking coordinated through the different areas or a cooperative type parking, this will be adequate but I would like to see some trees in the parking area. I think we can do the landscaping through our Planning Department without losing too many stalls. I feel that there is a justification here but I do want to see us develop something nice. Councilman Towner: I am not going to grant this great reduction as requested. I think it would be a disservice to the people who would be using the building and to the surrounding area to do that. However, I do think there is justification for reduction and the problem as I see it is how much and where do we put it and how do we get the landscaping in. I don't think we can sit here and draw the whole plan tonight. Now that our comments are known, we ought to let the people take it back and work these things out and bring it back to us in some more finalized form. -17- 171 0 0 C. C. 10-8-62 Page Eighteen VARIANCE NO. 368 - PRECISE PLAN NO. 299 - Continued Councilman Snyder: This is next to First Federal? Mr. Roger Roelle: Yes. Councilman Snyder: They have excess parking, don't they? Mr. Joseph: Yes. Councilman Snyder: Is there any possibility of working out a parking arrangement with them? Mr. Roger Roelle: The only problem is they raised their property above the develop- ment of this property. The prop- erty next to this property, my property, was zoned one for every 300 square feet for commercial and one for every 600 for office space. That is square feet. This is net. Councilman Towner: Councilman Jett: Mr. Roger Roelle: Councilman Towner: I think if we held it over until the next meeting, that would give him time.to come up with something for us. I think this is a reasonable re- quest to hold it over if it is all right with Mr. Roe11e. It is all right. We want more parking spaces than you have on there now. We also want some landscaping. Motion by Councilman Towner, seconded by Councilman Snyder, that Vari- ance No. 368 and Precise Plan of Design No. 299 be held over until the next meeting, with the applicant's permission, to give the applicant time to prepare new plans to meet the satisfaction of the Council. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Councilman Heath: I think between now and next meeting we could take a look at the parking and see if there is any way that it could be arranged. Councilman Jett: This would be my thinking, too, that we try to arrive at something equitable in between here. Mr. Roger Roelle: Would it be out of order to ask to give this property the same treatment, landscaping included, that you gave the.adjoining prop- erty? C. C. 10-8-62 Page Nineteen VARIANCE NO. 368 - PRECISE PLAN NO. 299 - Continued Councilman Heath: That was what I thought this should be held over'for and I think that is a fair request. Councilman Towner: I do not agree with the thought that we ought to throw the ordinance out the window and let him go back to what was a special condition on the property to the west. Mayor Barnes: Mr. Roelle, I think that you gathered from what the conversation is tonight that that is what we want you to do, try to work this plan out more satis- factorily. VARIANCE NO. 401 LOCATION: 825 South Glendora Wm. M. and Lorraine F. Weaver Avenue between Herring Alscot Development Company Avenue and Cameron APPROVED Avenue Request to construct and maintain office building in Zone R-A. Denied by Planning Commission Resolution No. 1249 on August 15, 1962. Appealed by applicant on August 25, 1962. Hearing conducted on September 24, 1962. Approved by Council on Septem- ber 24th, subject to conditions to be set forth fully at meeting of Oc- tober 8, 1962. Mr. Flotten, City Clerk, read report dated October 8, 1962 regarding conditions on Variance No. 401. Mayor Barnes: I feel we should give the appli- cant an opportunity to speak to see if he will comply with the conditions that we have proposed to impose on this. Mr. Glenn R. Watson: The two problems which Mr. Joseph brought up at the end of those conditions rather surprised us, quite frankly. We felt the Council had already acted on those last two points. The first one was as to the height of the building. We felt that upon presentation of the artist's conception, the rendering and also from our presentation, the Council knew that we saw a two- story building and we felt that the majority of the Council expressed a view that you would like such a building. I agree with Mr. Joseph that the record needs clarification in that the Council's action did not specify two stories and we agree in granting a variance a condi- tion limiting the number of stories should be imposed and we respect- fully request two stories. Also, we felt that the Council did intend to grant the variance on the whole parcel of the property. We disagree with the thought that the area of the variance.be reduced for several reasons: (1) We need the area for parking. I will immediately state that we made a computation today in Mr. Joseph's office regarding the lot on the Glendora side of the Duff extension. If the building is held to the precise dimensions scaled, several things have to be taken into account. The precise plan has not p yet been presented to you. It is believed among the partners that they might like a few more feet of building. At the present time the plan presented to you shows a 25 foot setback. Our people would like more than the minimum required area of parking to serve the building. We thought you had acted on that part of the matter. If what I have stated was the Council's intention, to approve a two-story building and to front the variance on the whole property, I have only one more problem. That is the Duff extension. -19- C. C. 10-8-62 Page Twenty VARIANCE NO. 401 - Continued Mr. Watson - Continued: I stated that our clients would • file a precise plan with the improvements so arranged that they would not be in the way of the extension of Duff and in discussion with Mn. Joseph this morning, it is only,fair to him to state that I'took the view that we could probably agree to the extension of Duff across the lot. There are a number of people in the company and they would respect- fully'request that Duff not be extended across the lot or that they not be .required to provide for that extension unless it is your intention to extend it all the way to Cameron; in other words, to go through this lot, take up 35 parking spaces and go no where and accomplish nothing, they would respectfully disagree with. If the Council decides to extend Duff all the way through to Cameron then they would dedicate it on the conditions indicated by Mr, Joseph, 0 Mayor Barnes: I will declare. the hearing closed. Councilman Snyder: If Duff was not extended, what treatment would we give the end of Duff, a cul-de-sac? Mr. Joseph: The Planning Department has just about completed a very ambitious study of South Glendora Avenue and the Planning Commission, through its Chairman, has requested a joint meeting to consider the Planning Department studies for South Glendora. It is my thought that the City Council would be doing itself a great disservice if they approve a variance which did not take into account that Duff Avenue may go through on one of the study plans that are going to be shown to you. We know that the City Council, did not like the idea of going out to Cameron Avenue but there is more than one way to take care of Duff Avenue rather than sub -ending it here which the Public Service and Public Safety Departments of the City do not agree with as far as design. We do not think that you should close the door on yourselves by not acting for Duff to go through. In the condition that we worked out this morning, it does not say that Duff Avenue should go through. All it says is that permanent improvement such as required building or required parking be kept off this area and that the applicant post a short term bond so that if the conclusion of your studies show you feel that Duff should go through or do something you haven't bound your- selves. Mayor Barnes: I don't think that is too unreason- able. Mr, Glenn R. Watson: If you do take it all. the way through they would dedicate it and improve it and would post a bond to insure it. But, if you don't, then we would request that it not take any portion of the property. In the interim, during the study, we will give you the two years and post the bond, Councilman Snyder: We might have to require a little • bit of their property for a cul-de- sac. Councilman Heath: applicant is in agreement to work in favor of holding it up. It is my understanding that we had applied the variance to the full piece of property. However, if the under those conditions, I would not be -20- Co Co 10-8-62 Page Twenty -One VARIANCE NO. 401 - Continued Councilman Jett: I thought we approved this variance and approved this building. This is a surprise to me, Councilman Towner: We approved a variance subject to conditions to be set forth at our meeting tonight on the entire prop- erty but I think this certainly is -not an insurmountable difficulty. I think this proposed Item No. 8 can be left in here, providing a bond for putting the street through in the event that we do it, Personally, I don't think we will put that street through. On this we could add the applicant shall indicate his willingness to dedicate Duff Avenue as a 54-foot right of way through the property or sufficient right of way for a cul-de-sac Mr, Glenn R. Watson: If you say "sufficient right of way for a cul-de-sac" I assume you would take the minimum of the property in question. Councilman Towner: This is what I had in mind. Councilman Heath: If the cul-de-sac is taken off the south end of your property and does not extend all the way through your property, what would you use that back part of the prop- erty for? Mr. Glenn R. Watson: Parking, Councilman Towner: I think generally we all agree that there is no point running a street through there if it doesn't go all the way through to Cameron. It wouldn't be fair to this property owner. Councilman Heath: I would agree to the stipulation that the cul-de-sac be kept to the minimum on the south side of the property or that if the street is cut through to Cameron that it would be a straight cut through on the property only on condition that it goes straight through to Cameron. I would be in favor of that, Councilman Snyder: I would agree to that. Councilman Towner: In referring to Condition No, 1, I -think it was the intent of the motion that the uses permitted by variance shall consist of those office uses in the R-P zone and we in- tended to keep this to office use only and not permit generalized de- velopments and apartment houses. Mr. Glenn Re Watson: We agree with that. We did in- tend to be limited to office uses. On item No. 1, it concludes ,as 10 limited by statements of the applicant" and so on on September 24. We suggest that language be deleted. All the limitations contained in our statements have been expressly set forth in your conditions and that is an unnecessary thing now which creates uncertainty in the terms of the variance, -21- • C. Ca 10-8-62 VARIANCE NO, 401 - Continued Councilman Towner: Mr. Glenn R. Watson: Page Twenty -Two I have no objection to deleting that in order to make it more certain. I presume that Item No. 10 about the contractor's equipment is the thing that you have reference to. I think that was what we had refer- ence to, the statements of the appli- cant at the meetings Councilman Heath: We have one more point to clarify and that is the height of the buil- ding. I took for granted that we were agreeing to a two-story building as that rendering was presented to us last time. I think we should clarify that. Councilman Jett: This was.certainly my interpreta- tion of what we approved on the variance. Councilman Towner: We could, if we wanted to, act on that when the time came for the precise plane Mr. Glenn R. Watson: I would like you to act on it now. Councilman Towner: It may make a difference as to the position of the building on the property. I think we ought to expressly reserve this until we see how they are going to use the property with their building. Councilman Snyder: Are you aware that our ordinance states that a two-story building must be 100 feet from R-l? Mr, Glenn R. Watson: That is what this variance is for. Councilman Towner: Is it possible to control the height of the building at the time we act on the precise plan? Mr. Williams: Yes, it is in the sense that you can reduce the permitted height but not in the sense that you can increase it so that if this variance does not permit a height variance they must then file another variance for height if they are going to have above one story because the R-A zone provides there can be no building more than one story in height closer than 100 feet of the residential zone. The precise plan couldn't be approved for more than one story unless the height variance is granted, Mr. Glenn R. Watson: We do have pending a C-1 appli- cation. It will be set by your body later. The appeal on that could be deferred and continued until December 10 because we understand that the Planning Commission is working on a C-P ordinance provision which you may or may not determine as suitable for the street. We would like for the C-1 appeal to be deferred until you have considered the C-P use. It is pending but it is not before you tonight. -22- • Co Co 8-10-62 ARIANCE NO. 401 - Continued Page Twenty -Three Councilman Towner: I am not at this time willing to go for a variance from our ordinance because I have not yet heard any= thing that justifies this height. This property is immediately adjacent to R-1 single family homes. The ordinance requires the setback of 100 feet from these homes to two-story. If there is some justification for it, I would be glad to listen to it. Mr, Glenn R. Watson: I felt that at the time of the' hearing there was sufficient evi- dence offered to show that the property could not be economically developed for other uses. The jus- tification for a two-story is that this particular client cannot get his office facility into a one-story building unless we spread it over a good portion of the lot. Secondly, so far as beauty and design, at- tractiveness, enhancement of value and appearance, a two-story building of that nature is architectually more of an asset than a single story building. There is no objection from the single families immediately adjacent. They know these plans and they endorse them. So far as any imposition to them is concerned, in the precise plan we will develop suitable landscaping between the south wall of the building and the property alignment which you will. pass upon. We think they can be pro- tected. They don't fear this; they think it will be an asset to their property, Councilman Towner: Insofar as the pending question, that two stories, is concerned, I think undoubtedly that if we have no objection from the .immediate home owners with the possible ex- ception of the one on the west side of Duff, and they appear to be a sufficient distance away, that people will not be looking down in their back yard, so I think there is sufficient justification if the rest of the Council. agrees M. Go Davis 840 West Herald Street Mr, Joseph: Mr. M>G.Davis: Councilman Heath: Mr, Ma Go Davis: I have the property west of this building and I objected then and I object now to a two-story buil- ding. The building will be approximately 215 feet from his house. Nothing has been said about the garage in the back. It will be about 15 feet from our bedroom window. It will. not exceed a maximum of eight feet in height. I feel you need more precise plans before you make any decisions. 0 Mayor Barnes: There will be a precise plan, -23- C. C. 10-8-62 Page Twenty -Four VARIANCE NO. 401 - Continued Mr. Carnign When you talk about the eight feet, General Partner it pertains to the ceiling height Alscot Development Company of the garage itself. I assume now that it would be masonry on the back and on the sides probably with a parapet. If the part of the parapet were limited to eight feet, I could not get the proper ceiling height to allow access to a garage and I would assume that a garage on a property line like that would re- quire a fire wall parapet, is that not correct. Mr. Glenn R. Watson: Can't we handle that in the pre- cise plan? Mayor Barnes: I think so. Mr. Williams: On the conditions, they now stand corrected as follows: On Item No. 1, we have inserted "those office building uses Permited in R-P zone" and stricken the last two lines "as limited by statements of the applicant". In Item No. 8, to account for Duff Avenue, ". . . no required building, required parking or other on site improvements- shall be permitted in the area which could be used for right of way for Duff Avenue for a period of two years." "The applicant shall indicate his willingness to dedi- cate Duff Avenue as a 54-foot right of way through the property in the event Duff Avenue is to continue north to Cameron or sufficient right •of way for a cul-de-sac if it is not to so continue and shall post a bond with a two-year time limit In Item No. 9, ". . . the height of the garage as located along the northwesterly property line shall not exceed a maximum of eight feet' in height and the height of the office building shall not exceed two stories". RESOLUTION NO. 2474 ADOPTED Mayor Barnes: The following resolution would include these conditons if it is approved. The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING A VARIANCE" (Var#iance No. 401, Wm, M. and Lorraine F. Weaver and Alscot Development Company) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Jett, that said res- olution be adopted. Motion passed on roll call as follows: Ayes: Councilman Jett, Towner, Heath, Mayor Barnes Noes: Councilman Snyder Absent: None Said resolution was given No. 2474. -24- C. C. 10-8-62 EASTERLY ANNEXATION NO. 171 HEARING OF PROTESTS Page Twenty -Five Hearing of protest set for this" date by Resolution No. 2444 Adop- ted by the City Council on August 27, 1962. • Mayor Barnes: Now is the time and place for pro- tests on Easterly Annexation No. 171. • Mr. Flotten: Mayor Barnes: RESOLUTION NO. 2475 ADOPTED No protests from the audience. We have no written or oral protests, Mr. Mayor, I will declare the hearing closed. The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA FINDING AND DECLARING THAT A MAJORITY PRO- TEST HAS NOT BEEN MADE AGAINST EASTERLY ANNEXATION NO. 1711, Mayor Barnes: Hearing no objections, we.will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No. 2475. ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST-COVINA APPRO- VING THE ANNEXATION TO INCORPORA- TING IN AND MAKING A PART OF SAID CITY OF WEST COVINA CERTAIN UNIN- HABITED TERRITORY OUTSIDE THE SAID CITY AND CONTIGUOUS THERETO KNOWN AS EASTERLY ANNEXATION DISTRICT NO. 171" Motion by Councilman Heath, seconded by Councilman Towner, and carried, that the body of said ordinance not be read. Motion by Councilman -Heath, seconded by Councilman Towner, and carried, that said ordinance be introduced. EASTERLY ANNEXATION NO. 172 HEARING OF PROTESTS Mayor Barnes: Hearing of protests set for this date by Resolution No. 2445 adop- ted by the City Council on August 27, 1962. Now is the time and place for hearing protests on Easterly Annexation No. 172. No protests from the audience. -25- • C. C. 10-8-62 EASTERLY ANNEXATION NO. 172 - Continued Mr. Flotten: Mayor Barnes: RESOLUTION NO. 2476 ADOPTED Mayor Barnes: Page Twenty -Six We have no written or oral pro- tests, Mr. Mayor. I will declare the hearing closed,, The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA FINDING AND DECLARING THAT A MAJORITY PRO- TEST HAS NOT BEEN MADE AGAINST EASTERLY ANNEXATION DISTRICT NO. 1721, Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Jett that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No. 2476. ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPRO- VING THE ANNEXATION INCORPORATING IN AND MAKING A PART OF SAID CITY OF WEST COVINA CERTAIN UNINHABITED TERRITORY OUTSIDE OF THE SAID CITY AND CONTIGUOUS THERETO KNOWN AS EASTERLY ANNEXATION DISTRICT NO. 172" Motion by Councilman Towner, seconded by Councilman Heath, and carried, to waive further reading of the body of said ordinance. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that said ordinance be introduced. GENERAL MATTERS ORAL COMMUNICATIONS VINCENT AVENUE SIDEWALKS Maps were presented and Mr. Aiassa read a report concerning the action .of the Council on October 1, 1962 that put into effect the immediate barricades to prohibit parking along Vincent Avenue from Workman to Puente. Mr. Aiassa: We have also made traffic counts of which you have received copies. (Read report.) We have given you two reports. In one we have outlined the best method of financing this type of improvement. We have also listed the methods by which we have put sidewalks in in West Covina and we have also gone into the phases -26- C. C. 10-8-62 Page Twenty -Seven VINCENT AVENUE SIDEWALKS - Continued Mr. Aiassa - Continued: where we have used the citizen participation and there is a portion • that we outlined on the various 1911 Acts. Mr. Rosetti, who represents Mr. Thompson's office, is with us and he will talk to you later on. (Gave brief summary of the matter.) Councilman Snyder: The $55.00 per lot includes also the houses that don't require sidewalks? Mr. Aiassa: Yes, the whole district whether or not they have sidewalks in front of their house. Mr. Williams and Mr. Sorenson spent considerable time with Mr. Don Russell, who handles all our'improvement acts, and we have come up with several possible so- lutions. I think the main thing we are faced with here is if you want just to clear the area to permit the children to have a free egress on the parkway, this is the minimum. The crew could clear up maybe four feet from the curb and leave that for a walkway for the students. The other alternate if we do go into a sidewalk plan and allow a four and one-half foot parkway, this would permit some of these homes to have their ivy without having it completely removed and we may be able to preserve some of the trees. Just clearing a pathway expedited within a week by just removing the ivy three to four feet from the curb. Councilman Snyder: What about the statement made last week that we could give a Resolu- tion of Intention stating that it was for public safety and there would not be any hearings for protests. Is that true? Mr. Williams: Under a general sidewalk plan you can't avail yourselves of that but under the Majority Pro- test Act, Section 2810 provides that upon finding that sidewalks are necessary for the safety of school children you may avoid the Debt Limit Act in its entirity as you can do in the case of a sanitary sew- er and if there is a majority protest you may override the protests by a four -fifths vote even though there is a majority protest:. There is a difference between installing sidewalks generally as a sidewalk improvement and installing sidewalks for the safety of school children. You have the power to do it for the safety of school children. Mr. Aiassa: There are three other possible ways of putting sidewalks into this area. One, the property owner, through a volunteer plan, puts the sidewalks in with maybe some participation of the City crew to clear the area. Secondly, the joint plan between the City and the property owners on a fifty-fifty basis. the third one is a three-way program where the City pays a third, the property owner pays a third and the petitioners who are interested in sidewalks for their children pay a third. There is another way and that is for the City to determine the policy of using City funds to • put the entire project in. Councilman Towner: Does a petition have to be 60% of the property in the area? Mr. Rosetti: That is to move right into a Resolution of Intention. -27- • • • C. C. 10-8-62 VINCENT.AVENUE SIDEWALKS - Continued Page Twenty -Eight Mr. Williams: If you proceed under the-publid safety theory to the school chil- dren, I see some question as to how you can even assess the property it is in front of. I don't see any particular authority for assessing an entire neighborhood as dis- tinguished from the property upon which the sidewalks abuts. Mr. Rosetti: In Culver City, the property owners protested that the school children from an area were going to use it and even though it benefited them, they didn't care whether or riot they had it and they didn't think the City should make them pay for it. Mr. Williams: But you spread an assessment on the benefit of the property, not the children. Councilman Heath: Under this emergency act, what is the length of time it would take to put in sidewalks for the children. Mr. Williams: It would take the some time it would take you to conduct a sewer project, about three months. Councilman Snyder: There..is one other possibility and that would be a one -cent tax rise. Councilman Heath: I am not in favor of that. Mayor Barnes: I don't favor this. Councilman Heath: There are a number of lots in the City that have sidewalks already. When you place it on all residents in the City you are taxing those people twice and I don't think is fair. Mayor Barnes: I think we are going to have to do something on a temporary basis in the interim period. Mr. Brown and the people in this area would do anything that they can to circulate a petition or anything ,.+: +; .. or anything that we desire. I feel we have to cut back some of the shrubbery and put a walkway for the children on a temporary basis. Councilman Heath: You have some houses there where the people have spent considerable time and money putting in land- scaping and taking care of it and we should preserve as much of the land- scaping as possible. On the other hand, it is.something that we have to do; some provisions have to be made for a walk right away. It is awfully hard to go to a home owner and say, "You spend $75.00 because the children up the street have to go to school. They resent it and you can't balme them. I feel we have to form a compromise. I think if the property owners on V'in cent Avenue were approached by a repre- sentative of the City who would tell them they had thirty days to either clear a spot adjacent to the curb three feet wide or put in concrete sidewalks. If they don't do it.in thirty days, the City will move in and put it against their property. Can this be done? Mr. Williams: Yes. -28- • • C. C. 10-8-62 VINCENT AVENUE SIDEWALKS - Continued Councilman, Heath: Mr. Bob Brown: Mr. Williams: Page Twenty -Nine It gives the people a chance to protect their landscaping or put in sidewalks. I would like to invite your at- tention to 5180 of the Code which says you can assess property that doesn't front on the improvement. It depends on the circumstances of the case. Councilman Towner: It seems to me that it is unfair to require the people on Vincent Avenue to bear the entire burden here for the benefit of petitioners who don't live on Vincent Avenue. Secondly, the safety problem that we have on Vincent Avenue is repeated throughout the City and the children that are subjected to this problem here are also subjected to it on Sunset, Vine, and on many other City Streets. In order to meet the immediate safety problem here, I think it is wise to do what Councilman Heath and the City Manager suggested, and that is on an interim basis provide a walkway for these children up above the curb. I am sure this can be done without overly,damaging property and I think also this is City right of way and we do have -the right to do it and I think the problem is sufficient enough that it needs to be done. I think this is an interim measure and then I think we should take a long-term look at how we.are going to provide these sidewalks throughout the City, and not just on Vincent Avenue. Councilman Heath: I agree with Councilman Towner except I think that the people who own the property should be given their choice as to where they want to take out their landscaping, next to the curb or where the sidewalk has to go. Give them a choice of next to the curb or of putting in the sidewalks. Mayor Barnes: I think it should be in a line. Councilman Jett: I don't think I would be in favor of zig-zagging a sidewalk. Councilman Heath: The concrete won't zig-zag. Councilman Jett: I think in view of what we are discussing here, that we should determine as a policy whether we are going to require sidewalks to be next to the curb or if we are going to have a parking planting area and then the sidewalk. I per- sonally feel that the safety of the children warrants more considera- tion than we might have as far as landscaping is concerned. This is on City property at the present time and I think it is reasonable to request that this three-foot area be cleared. Mayor Barnes: I feel the same way. I think this temporary idea has got to be. How- ever, I also feel that we should respect the property owners. If they want to move any of their plants or shrubs back, I don't'think the City wants to take it out because we have an easement. I think we should allow each property owner to remove that portion adjacent to the curb back three feet to save his plants. This is only fair. However, I think all of the people here tonight re- alize that we have to do something for the safety of the children. -29- C. C. 10-8-62 Page Thirty VINCENT AVENUE SIDEWALKS - Continued Mr. Russell Pollack Mr. Brown was not contacted -by 1004 West Marbury nor has he spoken, to my know- ledge, to any home owners along Vincent. The cost to the home owners along Vincent would probably be in excess of $300.00 each. Since this is not a land improvement measure, it is a public safety measure, I see no reason why the City is not liable as well as the individual. If we should go ahead with this plan, I don't think it would be necessary to run parallel sidewalkson both sides of each street. The children would have to cross and cross at their origin point and go down the one side. Councilman Jett: I think the City should partici- pate in any program along Vincent Avenue in the sidewalks so that it is not a burden on these people simply because they live there. Mr. Patton I question the use of the word 1005 Greendale "emergency" here tonight. This has existed since the opening of Vincent School two years ago. The real emergency has been the parking of vehicles along that street there. People are parking their cars there and going in car pools downtown. I believe there is a cheaper way to at least get to the basis of this thing right now and that is to put "No Parking" signs there. I haven't talked to anyone who objects to the sidewalks but we do object to paying $350.00 for it. If it is a safety measure„ I think the City could pay for it • out of the General Fund as they do a crosswalk. Mr. E. W. Gibson When they opened that school they 1004 West Teresa put a "No Parking" sign out along side my house. The kids walked up on my lawn. If they put side- walks in there who says they are going to stay on them? Counciman Towner: It is my understanding that there was a request for an emergency parking ordinance to be drafted. Has any work been done on that? Mr. Aiassa: We are achieving the same thing with the barricades. If you want to put the emergency parking, di- rect your City Attorney to draw this thing up tonight. Councilman Towner: How long can we keep up this interim measure? Mr. Aia'ssa: For about thirty days, enough time to get your ordinance adopted and posted with signs. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the City Attorney be ordered to draft an emergency parking ordinance with reference to both east and west sides of North Vincent Avenue to eliminate parking between 7:00 A.M. to 4:00 P.M., Monday through Friday. -30- • 0 C. C. 10-8-62 VINCENT AVENUE SIDEWALKS - Continued Mr. Henry Fox 328 North Vincent Councilman Snyder: Mr. Aiassa: These temporary much good. The them. Page Thirty -One signs aren't doing kids walk around The drier. can still see the chil- dren behind the sign where he can't see them behind the car. Where do you want these signs, from Workman to Puente? Motion by Councilman Towner, seconded by Councilman Snyder, and car- ried, that the City Manager be authorized to proceed with providing interim walking space adjacent to the curb from Rowland Avenue south to Workman Avenue on the west side of Vincent Avenue and from the last sidewalk south of Greendale south to Workman on the east side of Vin- cent Avenue and that such provision be subject to the cooperation of the City Staff with home owners who live adjacent to this area, the extent of the interim walkway to be a minimum of three feet adjacent to the curb, and this is to be worked out on a voluntary basis with the property owners so far as possible. (Councilman Heath voted "No".) Councilman Towner: I think we can't solve this to the individual satisfaction of every person present in this room. I have attempted to do something that is reasonable under the circumstances. In the future we are going to have to study methods of financing sidewalk construction. I think if there is this much demand for it in the City we ought to raise your taxes and do it that way. Councilman Heath: I think you are going to wipe out all of the landscaping here and I don't think it is right. Mayor Barnes: I don't think we can settle it this evening. Mr. Ford If this property belongs to the 1005 .West Dalewood City and it is yours, I think you should pay for the paving of it although it will benefit the home owners. You say the property belongs to the City and that is true. If you put in a sidewalk we are going to gain by it as a home owner be- cause it is going to improve our property; I would say that if that is the case and you come to me, I would be willing to pay my share but I think that the City should foot most of the bill. Councilman Heath: What is our next procedure of our next step in coming to a permanent solution? Mayor- Barnes: We are going to have to come up with a way the Council would like • to do it. This has to be a major- ity vote of the City Council as far as how we are going to do it. 31- C. Co 10-8-62 Page Thirty -Two VINCENT AVENUE SIDEWALKS - Continued Mr. Aiassa: If we did not use a 1911 Act for sewers this City would not be sewered and it was accomplished on a real overall program. Maybe sidewalks is the next one that we have to do like this. I think it is the cheapest program for the people. Councilman Towner: it. We have several proposals which over. Let's not try to get into this permanent solution tonight. Ob- viously, we can't go into all of I would like to have time to look Councilman Jett: I think in order to make a study of :this perhaps we should instruct the City Manager to bring us a study of this area so that we know what we are talking about in dollars and cents. If you want to study the entire area, that would be fine, but Vincent Avenue is our emergency area. Motion by Councilman Jett, seconded by Councilman Heath, and carried, that the staff bring us a report on what the cost would be to do Vin- cent Avenue in the areas from Puente Avenue to the interchange on both sides of the street, on the areas that are unpaved and using City standard sidewalk. Mrs. Ruth Faeger Our P.T.A. group would like to 1026 West Thelborn say that our friends and neighbors along Vincent Avenue should not •foot the bill themselves. We think the City should pay for it or that we will be more than happy to pay our cost, too. RALPHS - ZODYS Mr. Gene Kritchevsky: I have a few notes concerning mat- ters pertaining to a commercial development at Azusa and Puente. The Planning Commission and the City Council required the occupants to comply with certain things prior to the opening of the building and presumably prior to final inspection. You remember on many occasions we discussed truck traffic. It was said a sign would be put in back of the building where we said there was a natural driveway for trucks to go through there. I don't think that there is a day that goes by that truck traffic is not going through and they are making stops in areas where they are not supposed to be. The sign is barely discernible and evidently no attempt has been made for compliance. Protests have been made to the Police Department who say there is not much they can do. Now about the lights. They started out on top of the building where evidently they were not supposed to have been shining straight back at our yards. Then the lights were lifted down to reflect somewhat against the building. After consider- able complaints they agreed to fix them. Evidently at no time did some- body simply walk into one of our yards and take a sight at the building over the wall and see at what point the lights would have to go where it would still provide any necessary light and yet not be offensive. We hear the lights are also supposed to be off after business hours. -32- C. C 8-10-62 Page Thirty -Three RALPHS - ZODYS - Continued Mr. Gene Kritchevesky - Continued: Next, we have the planter. We had quite a to-do about the planter here and at the Commission. We are going to be provided with a screen of protection. We found out, • and this was after the building was opened, we were provided with, aside from a few little shrubs which will take quite a while to get up to the wall, two trees that are covering and screening roughly a 75- foot length. I don't think any real effort was made to do that job properly. Obviously the intent of the Council and the Commission has not been complied with. There were supposed to be walls and they are coming down between each section of the planted area so that there can- not be through traffic of kids and dogs and such running through the planters but the workmen got the trees into the various planters by bringing them through one end and dragging them right along the end through the end of the planter near our houses. Obviously, something will have to be required to go there to attain the effect that the Council and the Commission desire. • • We come to the question of power poles. I think we were all here when a gentlman from the Edison Com- pany got up and mentioned for the benefit of Zodys and Ralphs that no changes were necessary in the power poles. Then it turned out that there were going to be some changes necessary. Mr. Bolcof has a new and mag- nificant pole; it is really a trio of poles. There was quite a bit of comment about the possibility of putting the poles somewhere other than squarely in back of Mr. Bolcof's house so they wouldn't have to look at it. There was talk about putting it in back of the garage. After one thing and another happened by hook and crook somehow it wound up again directly in the center. I think at least one Counciban here has been consulted in this matter prior to the final settling of the pole and evidently gave some help in arranging the matter as far as a satis- factory conclusion, but somehow or another such recommendations were ignored, and it was plopped down dead center. It has been brought to my attention that Zodys were supposed to have 72,000 square feet and that they have something like.90,000 square feet including some super structures that I don't remember coming before the Council. Also, a number of people on the street have made complaints concerning outdoor trash barrels which were quite easily discernible and presumably all such things were going to be behind some point of concealment. Obviously, the will or the.intent of the Commission and the Council has fallen by the wayside. I al- most have the feeling, considering everything that has happened, every- thing that has not happened, and all the meetings that were arranged to iron these things out that never came to pass or never bore fruit, that you, as well as the property owners have been made to look like fools. Councilman Jett: Mr. Aiassa: Councilman Heath: I think just about every point he touched on here is covered in Mr. Fowler's report and I think it is being taken care of. There is also a supplement report from Mr. Joseph. What are we going to do with the trucks going in back of the buil- ding? -33- C. C. 10-8-62 Page Thirty -Four RALPHS - ZODYS - Continued Mr. Aiassa: We can demand that they block off the area. Councilman Reath: • I think We should 'require li Nikki- dads across' the b6pk of th6'- atei'�... at the division between Ralohig­dnd Zodys so that there can't be any through traffic. Councilman Towner: I think it may be too latb"to'out the barricade up but we certainly can require them to cohform­t6-this requirement that there be no truck traffic in the west 91leyo"' W6'dAn take away their occupancy permit or whatever technique is . necessary. Mayor Barnes: Are the trucks that are going'ift'' there, are they trucks to service the store or are they trucks that carry building materials?' Mr. Aiassa: These service the store. Mayor Barnes: I think they should be regulated the way we have it in the Minutes. Councilman Towner: I think that if we go to the owner and tell him he either keeps trucks out of there or loses his right to • do business there. I think we have that authority. I think the same is true about the other things. I think the City Staff is taking steps to see that these things are complied with. Mrs. Dorr The thing that I am most upset about 610 North Eileen is the plants in the planter. The Planning Commission definitely stated that we were to have thick and intense screening to screen us from the commercial. The bushes they have in there are going to grow about ten feet high and this will screen us. from the block wall so the only real screening we will ' have from the building or the commercial will be two trees. I am sure that they will do it in about fifty years. I don't' think we should be required to wait that long. Mr. Sol Bolcof We built buildings in El Monte and 630 North Eileen we had certain things w* e had to do and we couldn't do business there until we got final inspection. It seems funny Zodys were Allowed to open up without final inspection. If they got final inspection the,building was not complete. Mr.. Akassa:. If -the Council reads the re ' port that there has -.not been :a final, on this building and they have a temporary •hook-up with the Edison Company, Bill Fowler says a Certificate of Oc- cupancy isn't a requirement of the building Department .for a final inspec- tion. It is only issued upon request of the owner of the building. This is an item that they can or cannot request.' -34- C. C. 0011-62 RALPHS - ZODYS - Continued Mr. Bill Fowler: •tificate of Occupancy, which they have completed all the items. The in all respects for life and limb ment. Page Thirty -Five Our policy is to issue them anyhow on a larger type building like this. In this case, we have held the'Cer- have requested, until such time they building is proper, is entirely safe which we are interested in our Depart - Mr. Gene Kritchevsky: A quotation from one of the Plan- ning Commissioners, which I think is a very meaty remark, to the ef- fect it is very obvious that somebody seems to have the idea that if they can keep up this sort of approach to the whole business that sooner or later these people, us, are going to get tired of coming back and they can just do anything they like, and do things the way they want. I think you realize that that is not going to be so, but aside from that, I really feel that we would like to get rid of the job of policing this whole thing, especially in view of the fact that almost everything that has come to pass are things that we mentioned on the floor many months ago that would almost certainly happen according to the approach that we saw was being taken. Mayor Barnes: Mrs. Dorr: • at the base of the planter that was and there is no drain whatsoever. I think you can be assured that we are going to continue to check. In the plans that Mr. McClellan showed me of this planter he showed me a very beautiful drain to drain through the side walls Mr. N.J.McNeal My part of the planter happens 636 North Eileen to be behind Ralphs or whoever will build there. Therefore, the planting in my planter has not proceeded. At this point, I am not so sure that I wantexactly what they are planting in the rest of the planters and I base this on the fact that they are not even planting what the plan calls for. I would like to know what the plan really calls for and maybe I will take that instead of this other stuff. WRITTEN COMMUNICATIONS LEAGUE OF WOMEN VOTERS DAY Mr. Flotten: This is to be October 9, 1962. Mrs. Brown: I think you are aware of the League of Women Voters. We would appreciate this proclamation very much. Motion by Councilman Towner, seconded by Councilman Heath, and carried, that the Mayor be authorized to proclaim League of Women Voters Day on October 9, 1962. P. T. A. MONTH AND P. T. A. WEEK Mr. Flotten: We have a request for the Mayor to proclaim October as P.T.A. Month, and October 17 to 24 as P.T.A. Week. Their slogan is, "Strengthen your community today; join the P.T.A. " -35- • C. C. 10-8-62 Page Thirty -Six P.T.A. MONTH AND P.T.A. WEEK - Continued Motion by Councilman Towner, seconded by Councilman Heath, and carried, that the Mayor be authorized to proclaim October as P.T.A. Month and the week of October 17 through the 24th as P.T.A. Week. INTRODUCTION Councilman Jett: I -would like to introduce my son. He has recently been commissioned a Lieutenant in the'Army and we are happy to have Richard with us tonight. CITY ATTORNEY RESOLUTION NO. 2477 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING AN UNCLASSIFIED USE PERMIT AND AP- PROVING A PRECISE PLAN" (Harker Development) Mayor Barnes: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Jett, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Mayor Barnes Noes: Councilmen Towner, Snyder Absent: None Said resolution was given No. 2477. RESOLUTION The City Attorney presented: HELD OVER "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHO- RIZING MEMBERS OF THE CITY COUNCIL TO ATTEND CERTAIN MEETINGS AND FUNCTIONS AND AUTHORIZING THE RE- IMBURSEMENT OF EXPENSES" Councilman Towner: We have an existing ordinance on the books which provides $25.00 a month expenses to a City Coun- cilman provided he signs an affidavit that he spent this money in the City business. I am wondering why now someone is requesting more money for City Councilmen expenses. I have no objection to an expense account for City Councilmen which I think could be the $25.00 we now have and that the Councilmen be required to submit an itemized expense account •before he receives his check. If he wants to substitute that for the existing affidavit I would be happy to go along with it. Councilman Heath: The purpose of this was that if some- one wanted to go downtown on City business that there wou l.d be a City car for him if there was one available. How this alternate got in here, I don't know, but it was not the intent of the resolution in the beginning. This was to permit the Councilmen to be covered by insurance and use the City car in case he had a place to go and needed a City car. -36- C. C. 10-8-62 Page Thirty -Seven RESOLUTION - HELD OVER - Continued Mr. Williams: I drew it as I understood the re- quest to be except that the re- quest did not contain a statement . about mileage for the use of your own car. It seemed to me that the only consistent position you could take is this: That'if the $25.00 a month covered this use of your own car and then you elected to use a City Car that the $25.00 did not cover it, otherwise you would use the City car. It would seem to me only consistent to reach this con- clusion. This was my own thought. I still think it is consistent. Councilman Towner: If I understand it this was spon- sored by Mr. Jett, Mr. Heath and Mr. Barnes. I don't know what the reason behind it is or any- thing about it. Councilman Jett: Why didn't I get a copy of this resolution? Councilman Heath: I think the money should pay for all our expenses; however, I think there are times when a Councilman may need a City car and he should be entitled to a City car. Mr. Williams: The question was that the matter was raised if anyone wanted to at- tend a certain meeting. After the Council meeting which would have authorized his attendance or anyone's attendance he discovered he could attend. Now, the question is-, there is nothing that has authorized anyone.to go and the general rule is that a Councilman could only be reimbursed for expenses and can only represent the City if he has been authorized to go. I presume that if you are authorized to attend functions not covered by the $25.00, so I took it this was to be a blanket authorization depending upon the integrity of each Councilman to exercise his own judgement properly as to whether or not it would be to the interest of the City to attend such a function. The $25.00 payment was initiated by Resolution No. 1919; Section 4 of that resolution says reimbursement herein authorized be deemed to include all the ordinary and usual routine expenses of the City Council but shall not be deemed to include exceptional or extra ordinary expenses incurred while travelling or attending authorized special activities and meetings. I may have gone farther than requested to go; I have made an assumption. Councilman Heath: I would like to make some changes. I would like to strike out limiting this within the County of Los Angeles. The second thing is in the second section, the last part. I would like to strike out the City Manager and strike out verbally where the wording will read t'. . . shall report the fact of such attendance and give a report of the meeting in writing or orally at a Council meeting." The next section I would like to knock off is the last part regarding the . mileage and Section 4 It. . .eshall be reimbursed for excessive, excep- tional and extraordinary. . ►, Councilman Towner: I haven't had a copy of this. I might have misplace4it. I would like a copy of it. -37- • • • C. C. 10-8-62 RESOLUTION - HELD OVER - Continued Page Thirty -Eight Councilman Snyder: I am against this for this reason. I think even though all the Council- men could be trusted not to overuse this privilege, we are setting up a policy for future Councilmen to fol- low and I think it could be subject to too much abuse and I can't think of any time when I could have needed a City car. Councilman Towner: I have gone to meetings all over the County and used my own car and we all do that and I assume that this $25.00 was to cover all this. I never itemized'my expenses but I think $25.00 should cover it. I think this ought to be limited to just the use of an automobile, if necessary under an extraordinary circumstance. Mr. Aiassa: As it is now the thing falls in my lap and it is quite question- able as a policy matter and under the instruction of Mr. Williams he said if he can put this in a resolu- tion form so I don't stand in the middle for the full responsibility. Mayor Barnes: Mr. Williams: Mayor Barnes: ORDINANCE NO. 755 ADOPTED I think with these suggestions I would like to have Mr. Williams draw up another resolution. Why don't you hold it over for further discussion among your- selves since two of the Council- men haven't seen this yet. This is a good suggestion, Mr. Williams. The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA IN- CREASING THE MAXIMUM SPEED LIMIT ON FAIRGROVE AVENUE" Motion by Councilman Towner, seconded by Councilman Snyder, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Towner, seconded by Councilman Heath, 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. 755. RESOLUTION NO. 2478 ADOPTED Mayor Barnes: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING UNCLASSIFIED USE PERMIT NO. 66" (Zachary and Hull) Hearing no objections, we will waive further reading of the body of the resolution. �J • C. C. 10-8-62 Page Thirty -Nine RESOLUTION NO. 2478 - Continued Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Snyder, Mayor Barnes Noes: Councilman Heath Absent: None Said resolution was given No. 2478. 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. 235, Zachary and Hull) Motion by Councilman Towner, seconded by Councilman Snyder, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that said ordinance be introduced. (Councilman Jett voted "no".) RESOLUTION NO. 2479 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPRO- VING PRECISE PLAN OF DESIGN NO. 333" (City initiated.) 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. 2479. ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEN- DING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREM- ISES" (Zone Change No. 231 - Clemons) Motion by Councilman Towner, seconded by Councilman Heath, and carried, to waive further reading of the.body of said ordinance. Councilman Heath: Mr. Flotten, on your list for annexations you have this Clemons Annexation as being held up. The Minutes of the 17th instruct that we proceed with this annexation. Councilman Snyder: That was probably made up before this was passed. -39- • • C. C. 10-8-62 ORDINANCE INTRODUCTION - Continued Mr. Flotten: Page Forty We are going to proceed with that. Motion by Councilman Towner, seconded by Councilman Jett, and carried, that said ordinance be introduced. ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEN- DING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES"- (Zone Change No. 234- City Initiated) Motion by Councilman Towner, seconded by Councilman Jett, and carried, to waive further reading of said ordinance. Motion by Councilman Towner, seconded by Councilman Jett, that said ordinance be introduced. RESOLUTION NO. 2480 ADOPTED Mayor Barnes: The City Attorney presented: "A,RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 2421 APPROVING PRE- CISE PLAN OF DESIGN NO. 26, REVISION 2" (Shulman) Hearing no objections, we will waive futher reading of the body of said resolution. Motion by Councilman Heath, 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. 2480. 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. 227 - Allen & Snell) Motion by Councilman Heath, seconded by Councilman'Jett, and carried, to waive further reading of the body of the ordinance. •Motion by Councilman Heath, seconded by Councilman Jett, and carried, that said ordinance be introduced. (Councilmen Towner and Snyder voted "No.") -40- V_ • C. C. 10-8-62 Page Forty -One RESOLUTION NO. 2481 The City Attorney 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" (Southerly Annexation No. 177) Mayor Barnes: 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. 2481. RESOLTUION NO. 2482 ADOPTED Mayor Barnes: The City. Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF WEST COVINA REQUES- TING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO EX- PEDITE CONSTRUCTION OF PROPOSED ANAHEIM-PUENTE ROAD" 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: Councimmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said resolution was given No. 2482. CLAIM FILED Mr. Williams: A claim was filed by R. W. Rick- abaugh and Ruth A. Rickabaugh and it has never been denied by of- ficial action. I would suggest that the claim be denied. Motion by Councilman Heath, seconded by Councilman Towner, and carried, that the claim of R. W. Rickabaugh and Ruth A. Rickabaugh be denied and referred.to our insurance carrier, and that the claimants be notified of the rejection. -41- v C. C. 10-8-62 Page Forty -Two CITY ATTORNEY - Continued CLAIM FILED Mr, Williams: We have another claim in the • amount of $60,000.00 against us plus other incidental damages by Virginia Lee Hoffland. This claim has been referred to the insurance company. I suggest also that this claim be denied and in both instances that the claimant be notified of rejection. Motion by Councilman Jett, seconded by Councilman Towner, and carried, that the claim of Virginia Lee Hoffland be denied and that the claimant be notified of the rejection. CITY MANAGER'S REPORTS FIRE STATION Mr. Aiassa: I would like authorization from the Council to remove a pole in the middle of our proposed fire station site. The Edison Company wants $480.00 and the Telephone Com- pany want $670.00 and I can't make a decision on the pole on Puente Avenue until we decide on where the driveway is going to be. I need authorization to issue purchase orders and authorize this to be done. Motion by Councilman Towner, seconded by Councilman Jett, that the City Manager be authorized to issue purchase orders to the Telephone Com- pany on removal of its pole in the amount of $670.00 and to the Edison Company for changing its pole in the amount of $480.00. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None FIRE TRUCK SIGN Mr. Aiassa: This is about the sign for. the . antique fire truck to be used in the parade in Azusa. Councilman Snyder: Use your own judgement on this. Councilman Towner: If this truck is designed to be used in parades, we ought to put a permanent sign on it. Motion by Councilman Towner, seconded by Councilman Snyder, that the City Staff be authorized to install the wooden sign on the fire truck in accordance with the plan presented to the Council tonight. Motion passed on roll call as follows: • Ayes: Councilmen Jett, Towner, Snyder, Mayor Barnes Noes: Councilman Heath Absent: None -42- NO v C. C. 10-8-62 Page Forty -Three CITY MANAGER'S REPORTS - Continued POLICE OFFICERS OF OTHER CITIES ENTERING WEST COVINA . Councilman Jett: What position are we in when police officers of another city come into our City? Saturday night there was an incident here in the City which our Police Department was requested to go out on a call and they arrived at this property and there were a group of boys playing around a little bit and pretty soon there were a couple of our police cars arriving on the scene and pretty soon more boys ar- rived and about that time up came four motorcycle police officers from Monterey Park. Just what was going on, I never have been able to,find out. It was on Francisquito, I believe. 0 Mr. Aiassa: Councilman Heath: Mr. Aiassa: Councilman Jett: Mr. Aiassa: CALL FROM MR. BOWKER Councilman Jett: Mayor Barnes.: GLENDORA AVENUE They must have been off duty. In uniform? On motorcycles? Was this in the City limits of West Covina? Yes. This was at Mr. Armstrong's house. We'll check that out and see. Mr. Bowker has called me several times and wants to know what are we doing about his land that we have condemned. What are we going to do about this? There is a memo on the agenda from Mr. Aiassa on this. We will have a report on it soon. Councilman Jett: I would like to see the City Manager instructed to make a study and give us a report on the cost of improving Glendora Avenue between Herring and Cameron on the east side of the street. Somebody is going to be killed there and I think the City is going to be held responsible. I think the City Manager should be instructed to bring in a study of this problem. Mayor Barnes: • MAP FOR HOWARD ERICKSON Councilman Jett: Mr. Aiassa: I'll give you a report by Mr. Aiassa on that. Mr. Aiassa, would you send Howard Erickson a map of what we are going to do to his buildings? All right. -43- h C. C. 10-8-62 CITY CLERK'S REPORTS UNITED NATIONS DAY • Mr. Flotten: Councilman Snyder: Councilman Jett: Councilman Towner: Page Forty -`Four This is a request to proclaim Oc- tober 24th as United Nations Day. I would prefer we didn't have the necessity of a public hearing on this problem. My position hasn't changed from last year. My position is I'm against it. I think I've heard everything they are going to say. Motion by Councilman Towner, seconded by Councilman Snyder, that the Mayor be authorized to proclaim October 24th as United Nations Day. Motion passed on roll call as follows: Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes Noes: Councilman Jett Absent: None COUNCIL MEETING OF THE 29TH Mayor Barnes: On October 22nd we are going to • adjourn because of the League of California Meeting. Do we have to adjourn this meeting tonight to then or can we do this on the ad- journed meeting of the 15th? Mr. Williams: You can't do either. You can't adjourn any meeting to a date beyond a regular meeting so you will have to adjourn the meeting of the 22nd to the 29th. You can announce in advance that it is going to be adjourned. RESOLUTION NO. 2483 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, IN THE COUNTY OF LOS ANGELES DECLA- RING SUPPORT FOR THE COUNTY PARKS AND RECREATION CHARTER AMENDMENT" 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. 2483. 15M C. C. 10-8-62 Page Forty -Five POMONA MEETING Mayor Barnes: There will be a meeting in.Pomona and it might be worthwhile atten- ding and that is to revitalize the old center. There is going to be a meeting on November 16 and 17. They want us to let them know. All of the City Council is invited. If you like, I'll have copies of the letter sent to you. DEMANDS. Motion by Councilman Snyder, seconded by..Councilman Towner., to approve demands totalling $267,619.81 as listed on demand sheets B-112, C-264 through C-266. This total includes fund transfers of $61,412.46 and bank transfers of $125,000.00. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that there being no further business, this meeting be adjourned at 1:45 A. M. until October 15, 1962 at 8:00 P.M. • ATTEST: • City Clerk APPROVED C J� Q- _-Z 2 / Mayor -45-