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11-14-1955 - Regular Meeting - Minutes�% MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA November 14, 1955 Meeting was called to order at the West Covina -City Hall at 8:05 p.m., with the Rev. John Gum of the First Baptist Church of West Covina giving the in- vocation. • Present: Mayor Hurst, Councilmen Sperline, Kay, Van Horn, Brown. Absent: None Others: City Clerk and City Administrator, City Engineer, City Treasurer, City Attorney, M. Gerschler, Planning Division; Mr. Nollac, Sanitation Engineer. MINUTES APPROVED Minutes of the regular meeting of October 24, 1955, were approved as submitted. Minutes of the adjourned regular meeting of November 7, 1955, were approved as submitted. ORAL COMMUNICATIONS City Clerk stated that he had received information that the Plans and Specifications were ready for sanitary installations in Cameron and Cortez Parks. Requested permission to advertise for bids, although perhaps the Parks and Recreation Department might have something to add in the way of information. It was stated by Councilman Van Horn, who is on the Parks and Recreation Commission, that this matter could be taken up later on the ,Agenda.. WRITTEN COMMNNICATIONS City Clerk read communication from Mr. H. L. Johnson, Acting Director of Public Works, which stated that according to in- structions given him by the Council he had appeared before Legislative Joint Interim Committee on Tra.npportation Problems (Senate Interim Committee) to present views of the City of West Covina relative to street and highway problems. He also expressed appreciation for cooperation of City Hall staff in preparing the involved report • required by the Committee on very short notice'.. Mr. M. Gerschler presented and read communication from Edward J. Till,.Cunningham & Associates, to the Council regarding appeal -of Maiden Fair Company, Zone Change Noo 58. This Zone Change was denied by the Planning Commission at its meeting of October 5, 1955. It is now the applicant's request that this appeal be withdrawn and they state that they will comply with requirements of Area District II. PUBLIC HEARING Mayor Hurst stated that this is the time and place for public Precise Plan No.-59 hearing on Precise Plan No. 59, Zone Change No. 54 and Zone Change No. 54 Uiclassif ied Use Permit No. 10. Location: north side of and Garvey Avenue, east of Range Avenue. Request R-1 to -RA. Unclassified Use Permit Request Use for Drive-in Theatre. N�. 10 Continued to 12/5/55 City Clerk presented and read communication from Krag and Sterline Theatre Co. Sweet, Attorneys at Law, Per Mr. Donald R. Krag requesting -2- cc 104/55 PP 59, ZC '54, & UUP 10--contd, this appeal be held over for hearing before the Council as he would not be able' to attend on any -Monday until week before Christmas because of other commitments, and for further reasons that applicant has been consulting with State Highway De� partment and has learned of planned changes which will possibly facilitate traffic flow in the area immediately adjacent to the planned theatre site and that in giving applicant time until the first of the year it is their belief that this planning of.the State will become more concrete and applicant should be able to • present all of the facts regarding any possible problems respecting traffic. Mayor Hurst, stated, "It. is desire of applicant to postppiae this hearing and I believe that a three-week postponement would be in order. However, this is a public hearing this evenin and if those here would like to present testimony regarding this matter it would beAn order to do so. However, I would like to suggest that I do not believe it would be necessary to repeat what has already been said,' but if there are any new points to be brought out we will be glad to hear them." Mr. Gerschler read Resolutions No. 305, 306., and 307 of the Planning Commission deny- ing this request of Sterling Theatre Company at their meeting of October 19, 1955. All those wishing to present testimony were sworn,in by the City Clerk. Mr. Bettelheir, attorney, 199 W. Las Tunas Street, San Gabriel, stated, "The people represented here tonight would like to present their case now, and I am appearing as attorney for those in opposition to the granting of this request. I had planned to present the same points as have already been presented to the Planning Commission, with one or two exceptions,and since the Council does not wish us to repeat these, I will confine this presentation to speakers who were not present at the Planning Commission meetings and will give the Council benefit of their testimony." Mr. J. B. Blue, Realtor -Appraiser, of 9046 E. Valley Blvd., Rosemead, California, spoke in opposition,. "At request of j'r. Bettelheim I have made a survey and in- vestigation in connection with certain re -zoning in the City of West Covina that would • make possible the establishment of a Drive-in theatre on the northerly side of San Bernardino Freeway and easterly of Barranca Street. The matters of fact with which I am mostly concerned in connection with the problem being discussed here are: 1. That any factor or influence that in any detracts from the demand and desirability of residential property detracts from its market value. Proximity to a church, school, business or industrial center or any other type of development that tends to crette traffic congestion, noise, crowds, fire hazard, etc., definitely detracts from the demand for and desirability of the property affected, ° 2. An informed and intelligent buyer will base his estimate of the value of a property on both the good features and the bad features and over a period of years any property will be penalized in.the market because of any bad features. 3. It appears indisputable to me that, if this theatre project is approved all residential property adjoining or within one fourth to one half of a mile from it, on the northerly side of the Freeway will be injured by: -2- 03® cc 11/14/55 PP 592 ZC 54.9 & UUP 10--contd. a)' Traffic congestion and resulting dangers to life and safety, because of heavy traffic at certain periods on the service road between Barranca and Holt Avenues. b) Noise c) Lights • d) Fire hazard and trash disposal. The traffic problem will be doubly serious because only one egress will be provided from the theatre and that onto the service road northerly of the Freeway. It was Mr. Blue's opinion that a residential district, once established should be assured against harmful industrial or commercial uses, that if this is granted others within immediate area will have right to ask for similar changes, that Drive -In Theati°es should be required to provide two or more exits and that governing bodies do not have the moral right to confiscate residential values so that some one owner or industry may benefit. A copy of the full text of Mr. Blue's testimony was filed with the City Clerk for the record. Mr. Bettelheim presented to the City Clerk to be filed for the record a copy of an ordinance being prepared by the ,City of Los Angeles to have four exits as a minimum requirement for drive-in theatres for fire and safety requirements. Letters from Mr. R. W. Cleghorn of 676 Soo Barranca Street, Covina, and Mr. and Mrs. William B. Temple of 19248 E. Puente Street, Covina, stating opposition to this request were presented to the City Clerk to be filed for the record. Mr. L. N. Inman of 19140 E. Cortez Street stated he was opposed to this zone change, although nothing further to add in opposition, but that this request would directly affect property which he owned. Mr. T. Walsh of 20001 E. Lorencita Drive, Covina, spoke in,opposition, owner of • 102 acres to northwest of this theatre. Considering in our minds as to what is going to happen to Grand Avenue if at present time City has adopted system of major and secondary roads and Grand Avenue has not been taken off. What is going to happen to this area if zoned for this use? If Council does zone for this use you are going to have applications for business and special uses westward clear to the May Company. I am not.speaking for the group, but for myself, that we expected to go residential but we are still undeveloped territory and could still go one way or the other but I would like to see it stay in "R" use. Mr. H. Meek of 3512 E. McNutt Drive, adjacent to proposed site, spoke in protest. "The point I would like to make is that I have attended two meetings on this same subject matter and during that time in the course of these two meetings I saw no. civic backing of this proposed commercial enterprise. Any worthwhile projects, in line of recreation or entertainment are usually backed by one or more civic groups in the community, You would think that if this was a necessity or desirous project it would have backing of one or more of these groups. Another point which I would like to'offear for the records is an article in the San Gabriel Daily Tribune of November 7, 1955. The article heading is'"TEEN-AGE DOPE TRAFFIC DEPLORED" and it was stated by Chief Ebert A. McKinney, assistant dzief of police of Whittier that cc J1/14/55 -4- PP 599 ZC 54, & UUP 10 contd. k1hot spots to watch are drive-in theatres where loitering teen-agers are sought .as pushers for the drug traffic." I am not implying that personnel or owners of such a project would.be deliberately involved in a thing of this type but the fact remains that Uis speech was made by an official of the Law, by a man well qualified -to speak., regarding such possible dangers .1' Mr. Vernon Jones of 3553 Miriam Drive stated that he was to give -testimony on traffic problem and since applicant stated they may have new testimony regarding • this particular phase would like privilege of giving testimony the same time as applicant. Mr. Bette-1heim gave resumer of main points. "Purpose of I zoning as we all know is to divide area into a systematic plan so there is manufacturing in one place, commercial in another and.residential-in another. They are operated and work out in that way so -there will be no intermixture of various properties, thus residen- tial property is kept high. The people whoinvestwill know no other use will be permitted, especially with.a City Master Plan.such as in West Covina. Should a city fail to protect its areas there* is a property decrease. What, is the appli- cant asking to do? Not some minor change, but they are asking to create an island, surrounded by the most restricted R-19 and change to a least restricted zone. The reasons applicant has given for this change are not that land cannot be used for the purpose designated, not that it is different from other property in the zone; .not that the zone has depreciated or not properly zoned, and not that this request will promote public welfare'. Applicant has given no valid reasons why zone change should be made. The only valid reason is so applicant can make some money out of it. They ask to grant a change in the face of opposition from 250 of city tax- payers and owners. These owners invested large portion of their savings in this city relying on the protection of retaining zoning. Where can you draw the line if you grant applicants request? A property owner abutting this tract would have a much stronger chance for rezoning if this applicatiam. is permitted, Your Planning Commission denied this application and by confirming this you will protect land owners and give added assurance to other owners that their property is safe. Consistent opposition to Itspot zone variances" and "special uses" will add materially to value of restricted property of city.* I would like to state that we would like • a rebuttal of anything that may not have been said at this or previous meetings of the Planning Commission, No further testimony, hearing was declared closed. Mayer Hurst stated that this hearing will be i continued in -three weeks, December 59 1955 at which time applicant will present their case and any rebuttal that those in opposition -might have. Mayor Hurst asked those to stand who were in opposition to this application and almost all thosein Council Chamber arose. Mayor Hurst further requested that those in favor of this application to stand, No one did so. PUBLIC HEARING Mayor Hurst stated that this is the time and place for public Precise Plan and Re- hearing on Precise Plan and Reclassification No. 61. Location: classification No. 61 Northeast corner of Service Avenue and Glendora Avenue. Request Van Horn & Darby R-A to C-1. Maps were presented by City Engineer. Mr. Gerschler APPROVED read Resolutions Nos. 308 and 310'of the Planning Commission -4- -5- cc 11/14/55 PP & Reclassification #61--contd. recommending approval. Recommendations of City Engineer and Planning Commission were read as follows: 1) That all street improvements outlined in Section 49 of Ordinance No. 225, including utilities, be installed accordingly and meet the approval of the City Engineer. This to include street lights and sidewalks. • 2) That all buildings and signs not to exceed one story inheight° • 3) That a 15 ft. wide driveway easement south of the six (6) parking stalls be shown on the Precise Plano 4) That adequate water supply and fire protection be provided as required by Ordinance No. 237. 5) That all bonds, fees and deposits be posted before building permits are issued. 6) That a 5' walk be provided along the northerly side of building and that a 7' walk be provided along the 'southerly side of the building. Mr. Gerschler stated that at the time recommendation no. 6 was made, the area to the east was under study on an overall precise plane Upon completion of that study we found that the 5 ft. sidewalk would not be necessary and it is my recommendation to have the recommendation of the ft. sidewalk deleted and that only the 7 ft. walk be required. No testimony was presented, hearing was declared closed. Motion by Councilman Sperline, seconded by Councilman Kay, that Precise Plan and Reclassification No. 61 be approved subject to recommendations of t hecity Engineer and Planning Commission, but with the stipulation that the 5' walk to be provided along the northerly side of building as shown in Item No. 6 of the recommendations Passed on roll call as.follows: Ayes: Councilman Hurst, Sperline, Kay, Browne Npes: , None Absent: None Not Voting: Councilman'Van Horn. PUBLIC HEARING Mayor Hurst stated that this is the time and place for Precise Plan and public hearing on Precise Plan and Reclassification No. 63. Reclassification No. 63 Location: southeast corner of Garvey Avenue and Sunset Victor Anderson Avenue. Request R-A to C-2. Maps were presented by the APPROVED City Engineer. Mr. Gerschler read Resolutions No. 309 and 311 of the Planning Commission recommending approval. Recommendations of the City Engineer and Planning Commission were read as follows: -5- Cc 11/14/55 PP & Reclassification No. 63--contdo 1) That all street.improvements outlined in Section 149 of Ordinance No. 225, in- cluding utilities, be installed accordingly and meet thb approval of the City Engineer. This to include street lights, sidewalks, sanitary sewers, and storm sewer extension along Sunset Avenue to a point approximately 271 feet south of Garvey Avenue. • 2) That 5' concrete sidewalks be constructed along Garvey Avenue (frontage road) and Sunset Avenue. 3) That adequate water supply and fire protection be provided as,required by Ordinances Nos. 237 and 315. 4) That all bonds, fees, and deposits be posted before building permits are issued. 5) That all excavating and grading work comply with the provisions of Ordinance No. 384. 6) That a 4' high chain link fence be constructed along the southerly, easterly, and southeasterly property lines as shown on the Precise Plano 7) That all buildings and signs be limited to one story in height. 8) That the plan conform to the R.O.W. of the State Division of Highways. 9) That pump islands be setback a minimum of 15' 0" from property lines. 10) That all driveway entrances be limited to 30' 0" in width. Mr. Gerschl"—,stated. that this property is presently being used for service station purposes under an old variance approved in May of 1935. Variance is for particular service.center with plans and specifications on file with the City Clerk. • There was :no testimony presented; hearing declared closed. Mr. Anderson, applicant, asked what the size of the storm drain was going to be and that it seemed too much that he should have to stand expense alone when water comes from half a mile away. City Engineer stated that new markei to the south had provided new storm drain in front of their property and 300 ft. additional north of Walnut Creek Wash. Mr. Anderson's property extends 970 ft. on Sunset Avenue and that is what we are asking the storm drain for. One third has already been installed. Councilman Sperline: This is a proposed C-2 area. Why are we asking for a chain link fence at back of property in a proposed C-2? Mr. Gerschler: The service stations themselves preferred the fences, and we consider it would be some protection on use of property at the back until we ,actually see a precise plan for the remainder of the owner's property. Motion by Councilman Van Horn, seconded by Councilman Sperline, and carried, that Precise Plan and Reclassification No. 63 be approved subject to the recommendations of Planni nrr Commi sGi on anr3 Cif:v- Fno; near_ -F,- n U r1 U -7'- cc 11/14/55 PUBLIC HEARING Mayor Hurst stated that this is thetime and place for public Zone Change No. 58 hearing on_Zone Change No. 58. Location: northwest side of Maiden Fair Co.. Orange Ave. between Merced Ave. and Francisquito Avenue. APPEAL WITHDRAWN Request from Area District II to.Area District I; Disapproved by Planning Commission Resolution No. 297. There was no public hearing held on this Zone Change No. 58 because.at request of applicant, Maiden Fair Company, appeal for hearing was withdrawn. DATE SET FOR HEARINGS Hearings were set for regular meeting of November 28, 1955, on the following items: Zone Change No..60 Babson & Associates. Location: NW corner of Badillo Street and Orange Avenue. Request C-2 to C-l. Approved by Planning Commission. Modification of Approved by Planning Commission Overall Precise Plan C-3 Central Business Area TENTATIVE MAP (Revised)Revised Tentative maps of Tract No. 21630 were presented by Tract No. 21630 City Engineer. Location:' NE side of Fairgrove Ave. between John Bodger & Sons Orange Ave. and Tonopah. 23.7 acres, 90 lots, Area District II. APPROVED Planning Commission, -recommended approval subject to the follow- ing conditions as recommended by the City Engineer: 1) That all lots conform to Area District II. requirements. 2) That all street improvements outlined. in Section 49 of Ordinance No. 225, in- cluding utilities, be installed accordingly and meet the approval of the City Engineer. This to include sanitary sewers,. 3) That all excavating and grading work conform with the provisions of Ordinance Noo 3R4o 4) That a letter be provided stating the disposition of all existing buildings. 5). That 19 lot along the easterly side of Tonopah Avenue be deeded to the City of West Covina in fee simple. Motion by Councilman Kay, seconded by Councilman Brown, and carried, that (Revised) Tentative. Map of Tract No. 21630 be approved subject to recommendations of City Engineer and Planning Commission. -7= -:- cc 11/14/55 TENTATIVE MAP (Revised) (Revised) Tentative maps of Tract No. 20664 were presented Tract No. 20664 by City Engineer. Locations east side of Orange Avenue Sidewalk Requirements between Francisquito Ave. and Merced Ave. Revised to McDonald Bros. accommodate proposed school site. City Engineer stated, DISAPPROVED City Council approved this map on October 24, 1955, accord- ing to Planning Commission and City Engineer's recommenda- tions but there had been a further suggestion from the Planning Commission that the City Council consider putting in sidewalks on Conlon and 'IF" Streets adjoining -Uhe school site, which had not been acted upon, • Councilman Van Horno This sidewalk requirement does not seem quite fair to me at this time. I feel we should -go ahead with our former policy regard- ing sidewalks until such time as we have a,,definite change in policy regarding this matter and notify people we are going to change our policy. Until we make a different policy from what has been used in the past I do not think we should change now, and if we are going to change the policy I think we should notify the people. Councilman Sperline: I think this matter is something the Planning Commission should be considering right now. If they are going to require side` walks, a subdivider should be given the advantage of knowing a little in advance what is going to be done in a situation of this type. I do not think a change at this point is quite right. Motion by Councilman Sperline, seconded by Councilman Van Horn, that sidewalks•arb- not to be required on Conlon and 'IF" Street of Tract No. 20664. Passed on roll-Ml as follows: Ayes: Councilmen Kay, Van Horn, Sperline, Brown. Noes: None Absent: None Not Voting: Councilman Hurst. FINAL MAP Location: south side of Cameron Avenue, east of Barranca Tract No. 21479 Street. 25 acres, 40 lots, Area District IV. City`Engineer • Myers Bros. requested that Final Map of Tract No. 21479 be held over as HELD OVER subdivider did not fulfill all requirements. REIMBURSEMENT DISTRICT Sanitary Sewer on Vine Avenue, east of Azusa Avenue. NO. 10 Amount of reimbursement $806.69. Mr. Nollac, Sanitation C & M Homes Engineer, stated that we have filed and notarized copy of Tract No. 20945 all contractors submitting bids, and copy of low bidder to Sanitary Sewer -Vine Ave. subdivider notarized from which reimbursement was calculated. east of Azusa Avenue There are proper maps, forms, and -agreement., and I would APPROVED recommend this, be accepte.d._and._that�.the. Mayor.and.-City Clerk be authorized to execute the contract. Motion by Councilman Van Horn, seconded by Councilman Sperline, that authorization be given to Mayor and City Clerk to execute contract for reimbursement..of $8.06-69 under Reimbursement District No. 10, C & M Homes, Tract No. 209l4-5, for sanitary sewer on Vine Avenue, east of, Azusa Avenue. Passed on roll call as follows: Ayes: Councilmen Hurst, Noes: None Absent: None Van Horn, Kay, Sperline, Brown. -8- cc 11/14/ 55 REQUEST FROM L. A. COUNTY FLOOD CONTROL Close Service Ave., Orange Ave., and Willow Avenue at Walnut.Creek Wash during period of water release APPROVED Request received from L. A. County Flood Control District for official permission to close Service., Orange and Willow Avenues at Walnut Creek Wash during period of water release to Whittier Narrows Spreading Grounds. Motion 'by Council- man Brown, seconded by Councilman Sperline, and carried, that permission be granted for this request. PROJECT NO. C-23 City Engineer stated as follows: "On October 10, 19559 ACCEPT STREET IMPROVEMENTS the Council requested a report of an impartial group,of Meeker Avenue experts or companies to be selected by City Administrator APPROVED to check improvements on Meeker Avenue to see if it con- formed with specifications. I have here a report from Raymond G. Osborne Laboratories, Inc,, in regard to this matter, copies of which have been presented to you, and my own analysis of this report as requested by the City ,Administrator, From the analysis of the Osborne Laboratory's report and from the in- spector's report which shows the actual amounts of materials used on the project, the following conditions exist: 1) That the gradations of the material is in order, 2) That the contractor used more aggregate per square foot of pavement than was required under the specifications. 3) That the contractor used more oil than.was required under the specifications. 4) That the laboratory determined the thickness of pavement to be in excess of that required on the plans. On the basis of the above facts and further since visual inspection of the pavement surface fails to indicate that there is any "ravelling" of the surface other than is permitted under this type of construction, I recommend that the work be accepted, and that the contractor be paid for his work.. . Motion by Councilman Van Horn, seconded by Councilman Sperline, that street improvements of City Project No. C-23, Meeker Avenue, be accepted and contractor be paid for this road work. Passed on roll call as follows: Ayes: Councilmen Kay, Van Horn, Hurst, Sperline. Noes: Councilmen Brown. Absent: None City Engineer stated, that in connection with the report just discussed, I have had drawn up three statements which are in a way of being instructions to engineers, contractors, and inspectors, regarding revision of specifications for street improve- ments. The first two items on this list have already been approved by the Council to set up as standard specifications, however the third item, if it is the Council's wishes, sup ercedes our present practice of permitting No. 2 rock and oil macadam as an alternate pavement on City streets by requiring asphaltic concrete pavement of an approved type, thickness, and mixture as the standard pavement surface, Mayor Hurst stated that he believed this matter should be given more study and con- sideration and.that it be withheld from instructions to contractors, 50M CC 11/14/55 ACCEPT STREET IMPROVEMENTS Upon recommendation of City Engineer, motion by Councilman Tract No. 20048 .'Sperline, seconded by Councilman Brown.; and carried, that W.L. Waterman street improvements of Tract Nov 20048,-located west.of APPROVED Holle nbeck Street, north of Vine Avenue, be accepted and authorize release of remainder of deposit in the amount of $416.21, but retaining $125.74 for street trees, street signs, and pavement extension not yet installed. • ACCEPT STREET IMPROVEMENTS Tract No. 20158 Sunset Manor Co. APPROVED 11-B-41808 in the amount of Upon recommendation of City Engineer, motion by Councilman Van Horn, seconded by Councilman Kay, and carried, that street improvements of Tract No. 20158, located at south side of Service Avenue, west of California Avenue, be accep= ted and authorize release of Pacific Employers Ins. Co. bond. $11, 300.00. ACCEPT STREET IMPROVEMENTS Upon recommendation of City Engineer, motion by Councilman Tract No. 20935 Kay, seconded by Councilman Van Horn, and carried, that R. M. Philleo street improvements of'Tract No. 20935, located at south - APPROVED side of Cameron Avenue, east of Azusa Avenue, be accepted and authorize release of remainder of deposit in the amount of $189.80, retaining $105.00 for street sign and street trees not yet installed. ACCEPT STREET IMPROVEMENTS Upon recommendation of City Engineer; motion by Councilman Tract No. 21686 Van Horn, seconded by Councilman Kay, and carried, -that R. M. Philleo. street improvements of Tract No. 21686 located at_south- APPROVED side of Cameron Avenue,.east of Azusa Avenue be accepted and authorize release of remainder of deposit in the amount of $608.40, retaining $105.00 for street sign and street trees not yet installed, ACCEPT STREET IMPROVEMENTS Upon recommendation of City Engineer, motion by Councilman • Tract No. 21231 Van Horn, seconded by Councilman Kay, and carried, that Berkley Smith street improvements of Tract No. 21231 located at east side APPROVED of Walnut Avenue, between Francisquito Avenue and Merced Avenue be accepted and authorize release of remainder of deposit in amount of $350.86, retaining $210.00 for street sign and street trees not yet installed. PETITION FOR RELEASE Location: southwest corner of Sunset Avenue and Francis - OF SERVICE ROAD REQUIREMENT quito Avenue. Referred to City Engineer for recommends Zone Change No. 55 tions. City Engineer recommended that service road be and constructed because the elimination of said service road Precise Plan No. 46 would not be -for the best interest of the City'for the HELD OVER following reasons: 1) If service road is not built, all residents along Sunset Avenue will have vehicular access on a major highway near a shopping center. Present ordinance is against this practice. asiII cc 11/14/55 Service Road --Sunset & Francis2uito--contd. 2) Residents will be 'better protected and traffic onto the major better controlled. highwaycanbe 3) City would benefit financially in that the service road would result in a larger expenditure for street improvements. 4) Property owners would not be forced into.added expense of extending their drive- • ways for a distance of 42 feet. 5) County, and State money can be used on Sunset Avenue, but not on the service road. Mr. Claude V. Read of 1711 Sunset Avenue state ' d that the service road when completed is only going to service half of.the block., 600 ft. There are no improvements on - this.side of highway and there is a water condition which would mean the service road would have to be lowered.I feel this service.road is.going to give I us a worse water problem than we have there now. Unless the service road is lowered, the water will just mn back into our houses. There was a bad mistake made in the subdivision to begin with, and putting in a service road will 'add to it. Mayor Hurst requested that a full report from the Engineering Department and Planning Department be made and that these facts put before the Council at the adjourned meet- ing of November 21. PROPOSED WESTERLY City Clerk stated that we have notice of proposed annexations ANNEXATION DISTRICTS No. 25 and No. 26 to the City of Covina. Location: southof NO. 25 & NO. 26 San Bernardino Road,,.west-of Vincent A77-enue, and north of - to the San Bernardino Road, east of Vincent Avenue, City Clerk stated CITY OF COVINA that this covers territory from Vincent Avenue to Lark Ellen PROTESTED Avenue.9 San,Bernardino Road north to railroad tracks and 10-acre piece of -land at southwest corner of San Bernardino Road and Vincent Avenue. 40 Councilman Van Horn: I think this is very poor planning, and I feel we should oppose it. Councilman Sperline: I also feel it is -very -poor planning. I think that Covina ina has thrown planning to the winds. This area allows them to connect to a strip running along the north side of West Covina,, and in my opinion they are just grabbing anything they can grab--that,doesn't make sense. Motion by Councilman Kay, seconded by Councilman Sperline and carried,:that City of West Covina violently oppose the Annexation Districts No. 25 and No. 26 to the City of Covina. SECOND READING Motion by Councilman Sperline, seconded by Councilman Brown, ORDINANCE NO. 433 thatsecond and final reading be given to Ordinance No. 433 AMENDING "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA SEWER ORDINANCE AMENDING SECTION 51 OF ORDINANCE NO.,365 OF SAID CITY REGULATING ADOPTED THE CONSTRUCTION AND 'LEE OF Siq� RS.11 Motion by Councilman Van WE Horn, seconded by Councilman Sperline, and carried, that read- -12- cc 11/14/55 Ord. #433--contd. ing of the body of the ordinance be waived. Motion by Councilman Brown, seconded by Councilman Van Horn, that Ordinance No. 433 be adopted. Passed on roll call as follows: Ayes: Councilmen Kay, Hurst, Brown., Sperline, Vah-Horn. Noes: None • Absent: None I SECOND READING Motion by Councilman Sperline, seconded by Councilman Van Horn., ORDINANCE NO. 434 .and carried,, that second and final reading be given to - Approving West Covina 'Ordinance No. 434 "AN ORDINANCE OF THE CITY COUNCIL OF THE Southerly Annexation CITY OF WEST COVINA, CALIFORNIA,, APPROVING THE ANNEXATION TO, District No. 134 INCORPORATING IN AND MAKING A PART OF SAID CITY OF WEST COVINA Tenmen Enterprises CERTAIN UNINHABITED TERRITORY OUTSIDE THE SAID CITY AND CON - ADOPTED TIGUOUS THERETO, KNOWN AS "WEST COVINA SOUTHERLY ANNEXATION DISTRICT NO. 1341f (Tenmen Enterprises) Motion by Councilman Kay, seconded by Councilman Sperline, and carried, that reading of the body of the ordinance be waived. Motion by Councilman Van Horn, seconded by Councilman Sperline, that Ordinance No. 434 be adopted. Passed on roll call as follows: Ayes: Councilmen Hurst, Sperline, Kay, Van Horn,..Brown. Noes: None Absent: None, SECOND READING Motion by Councilman Sperline, seconded by Councilman Van Horn, ORDINANCE NO. 435 and carried, that second and final reading be given to Precise Plan No. 27 Ordinance No. 435 !AN ORDINANCE OF THE CITY COUNCIL OF THE CITY (Revised) OF WEST COVINA, CALIFORNIA, ADOPTING A PRECISE PLAN FOR THE E.L. Wood DEVELOPMENT OF CERTAIN PROPERTIES IN SAID CITY, PURSUANT TO • ADOPTED 'SECTION 14 OF ORDINANCE NO. 147 OF THE CITY OF WEST COVINA, AND AMENDING SAID ORDINANCE NO. 147 (E. L. Wood) Motion by Councilman Brown, seconded by Councilman Kay, and carried, that reading of,the body of the ordinance be waived. Motion by Councilman Sperline, seconded by Councilman Brown, that Ordinance No.435 be adopted. Passed on roll call as follows: Ayes: Councilmen Hurst, Sperline, Kay, Van Horn, Brown. Noes: None Absent: -None FIRST READING 'City Attorney presented and read Ordinance No. 437 "AN ORDINANCE ORDINANCE NO' 437 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Amending Section 1405 AMENDING SECTION 1405 OF ORDINANCE NO. 325 OF THE CITY OF WEST of Ordinance No. 325 COVINA, KNOWN AS ?THE COMPREHENSIVE ZONING ORDINANCE","! Motion of City of West Covina by Councilman Van Horn, seconded by Councilman Sperline, that Ordinance No. 437 be given its first reading. Passed on roll call as follows: Ayes: Councilmen Hurst, Sperline, Brown, Van Horn. Noes: Councilman Kay Ah.q P n t. : None -12- -13- Cc 11/14/55 FIRST READING City Attorney pre'sented and read Ordinance No. 438 "AN ORDINANCE ORDINANCE NO. 438 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA., CALIFORNIA, AMENDING LICENSE AMENDING SECTION 28 (61) OF ORDINANCE NO. 142 OF THE CITY OF ORDINANCE WEST COVINA, KNOWN AS THE BUSINESS LICENSE -ORDINANCE." Motion by Councilman Brown, seconded by Councilman Sperline, and car- ried., that Ordinance No. 438 be given its first reading. • FIRST READING City Attorney presented and read Ordinance No. 439 "AN ORDINANCE ORDINANCE NO. 439 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Revision of Ord. AMENDING SECTION l.OF ORDINANCE NO. 425 OF THE CITY OF WEST No. 425 COVINA, ADOPTING A PRECISE PLAN AND AMENDING ORDINANCE No. 147 Precise Plan 39 OF SAID CITY." (Varney) Location: southeast corner of Charles Varney Rowland Avenue and Azusa Avenue. Motion by Councilman Van Horn, seconded by Councilman Kay, that.Ordinance No. 439 be given its first reading. Passed on roll call" as follows: Ayes: - Councilmen Noes: None Absent: None FIRST READING Ordinance NO.440 Precise Plan No.53 (Revised) and Zone Change No. 47 Herbert W. Ross seconded by Councilman reading. FIRST READING Ordinance No. 441 Precise Plan No. and . Zone Change No. Arthur J.Stinton man Sperline, and Kay, Van Horn, Hurst, Sperline, Brown. City Attorney presented and read Ordinance No. 440 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A PRECISE PLAN FOR THE DEVELOP14ENT OF CERTAIN PROPERTIES IN SAID CITY, PURSUANT TO SECTION 14 OF ORDINANCE NO. 147 OF THE CITY OF WEST COVINA, AND AMENDING SAID ORDINANCE NO. 147 (Herbert W. Ross). Location: south side,of Garvey Ave, between Orange and Sunkist Avenues. Motion by Councilman Brown, Sperline, and carried, that Ordinance No. 440 be given its first City Attorney presented and read Ordinance No. 441 "AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF WEST COVINA, CALIFORNIA, FIRST READING City Attorney presented and read Ordinance No. 442 "AN ORDINANCE Ordinance No. 442 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Amending Ord. #423 AMENDING SECTION 1 OF ORDINANCE NO. 423 OF THE CITY OF WEST Precise Plan No. q COVINA, ADOPTING A PRECISE PLAN AND AMENDING ORDINANCE NO. 147 F,:H.Gordon OF SAID CITY (Gordon) Location: north corner of south frontage road of Garvey Ave.and Orange Avenue. Motion by Councilman.Sperline, seconded by Councilman Brown,, and carried, that Ordinance No. 442 be given its first reading. -13- CC 11/14/55 FIRST READING ORDINANCE NO. '443 Precise Plan No. 6b (Revised) Zone Change No. 53 and Zone Variance No. 158 Sidney Pink -14- City Attorney presented and read Ordinance No. 443 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A PRECISE PLAN FOR THE DEVELOPMENT OF CERTAIN PROPERTIES IN SAID CITY, PURSUANT TO SECTION 14 OF ORDINANCE NO. 147 OF THE CITY OF WEST COVINA, AND AMENDING SAID ORDINANCE NO. 147 (Pink) Location: southeast side of Glendora Ave. south of Walnut Creek Wash. Motion by Councilman. Sperline, seconded by Councilman Brown, and carried, that Ordinance No. 443 be given its first reading. ORDINANCE NO. 444 First reading of Ordinance No. 444 was held over until Creating Position of adjourned meeting of November 21, 1955, because of Asst. Administrative Officer necessity for changes. HELD OVER RESOLUTION NO. 828 City Attorney presented and read Resolution No. 828 Request for Special Census ttA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVED WEST COVINA, CALIFORNIA, REQUESTING THE DEPARTMENT OF COMMERCE, BUREAU OF CENSUS, TO CAUSE A SPECIAL CENSIE ,TO BE TAKEN OF THE POPULATION OF THE CITY OF WEST COVINA." Motion by Councilman Kay, seconded by Councilman Sperline, that Resolution No. 828 be adopted. Passed on roll call as follows: Ayes: Councilmen Brown, Sperline, Kay, Van Horn, Hurst. Noes: None Absent: None RESOLUTION NO. 831 Accepting Grant Deed Sunset & Merced Avenues Ruth & C. J. Hurst, Jr. • ADOPTED Councilman Van Horn, that follows: City Attorney presented and read Resolution No. 831 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING GRANT DEED COVERING REAL PROPERTY TO THE CITY OF WEST COVINA, FOR STREET AND HIGHWAY PURPOSES (Hurst) (corner cut off in Tract No. 19453) Motion by Councilman Sperline, seconded by Resolution No. 831 be adopted. Passed on roll call as Ayes: Councilmen Kay, Van Horn, Sperline, Brown. Noes: None Absent: None Not Voting: Councilman Hurst. RESOLUTION NO. 832 City Attorney presented and read Resolution No. 832 Specifications for "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Merced Walnut Storm WEST COVINA, CALIFORNIA, APPROVING CERTAIN SPECIFICA- Drain Project No.301 TIONS FOR THE CONSTRUCTION OF MERCED-WALNUT STORM and DRAIN AND AUTHORIZING USE OF PUBLIC STREETS FOR OPERA - Use of Public Streets TION AND MAINTENANCE OF FACILITIES." Motion by For Construction Councilman Kay, seconded by Councilman Van Horn, that ADOPTED Resolution No. 832 be adopted. Passed on roll call -I),- -15- cc 11/14/55 Resolution #832-=contd. as follows: Ayes Councilmen Hurst, Sperline, Kay, Van Horn, Brown. Noes: None Absent: None • RESOLUTION NO. 833 ACCEPT DEED OF EASEMENT Sanitary Sewers South of Tract No. 21029 Walker -Built Homes ADOPTED on roll call as follows: City Attorney presented and read Resolution No, 833 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING EASEMENT TO THE CITY OF WEST COVINA (Walker Built Homes) (Access to Tracts Nos. 20993 and 20682 located at southwest corner of Merced Avenue and Azusa Avenue) Motion by —Councilman Van Horn, seconded by Councilman Kay, that Resolution No. 833 be adopted. Vassed Ayes: Councilmen Hurst, Sperline, Brown, Kay, Van Horn. Noes: None Absent: None RESOLUTION NO. 834 City Attorney presented and read Resolution No. 834 accept - ACCEPT BOND ing Pacific Employers Insurance Co. Bond No. ll-B-48286 Sanitary Sewers in the amount of $39500.00 for construction of sanitary Tract No.17416 sewers in Tract No. 17416 located west side of Azusa Avenue ADOPTED north of Walnut Creek Parkway. (Alosta Construction Co.) Motion by Councilman Kay, seconded by Councilman Van Horn, that Resolution No. 834 be adopted. Passed on roll call as follows: Ayes: Councilmen Van Horn, Kay, Hurst, Sperline, Brown. Noes: None Absent: None RESOLUTION NO. 835 City Attorney presented and read Resolution No. 835 ACCEPT BOND accepting Saint Paul -Mercury Indemnity Co. Bond No. 1744543 Sanitary Sewers in the amount of $4,550.00 for construction of sanitary Tract #19505 sewers in Tract No. 19505 located at southeast side of ADOPTED Sunset Avenue between Merced Avenue and Service Avenue. (Denis Development Co.) Motion by Councilman Van'Horn, seconded by Councilman Kay, that Resolution No. 835 be adopted. Passed on roll call as follows: Ayes: Councilmen Brown, Sperline, Hurst, Van Horn, Kayo Noes: None Absent: None INSTALLATION OF City Clerk stated that investigation in this matter had COURTESY BENCHES been made and everything seemed to be in order and fully AT BUS STOPS covered by insurance. Recommendation would be to permit United Bench Advertising these benches to be placed. ConEensus of Council that this APPROVED recommendation be accepted and matter be taken care of by m16- CC 11/14/55 PARKS & RECREATION City Clerk stated that Parks and Recreation Commission Swimming Pool wishes to ask City Council to instruct City Attorney to Legal opinion from give written legal opinion to the 'arks & Recreation Commis - City Attorney sion regarding placement of a swimming pool on the Cameron APPROVED Park or proposed West Covina High School site in conjunction with Land Lease Purchase program as submitted to Community Facilities Corporation. City Attorney was instructed by Council to fulfill this request. RESIGNATION OF Recommendation by City Administrator that the resignation MR. V.R. MOTTINGER of Mr. Mottinger from the Parks and Recreation Commission Parks & Recreation be accepted. This matter has been accepted by school board. Commission Motion by 'Councilman Sperline, seconded by Councilman Kay, ACCEPTED and carried, that resignation of Mr. Mottinger from Parks & Recreation Commission be accepted and a letter sent to Mr. Mottinger thanking him for past work and cooperation. CONFIRM APPOINTMENT City Clerk -recommended that Council accept the appointment TO PARKS & RECREATION of Mr.. J. H. Zell as representative of the school board to COMMISSION the Parks and Recreation Commission. Motion by Councilman Mr. J.H. Zell Van Horn, seconded by Councilman Sperline, and carried'. APPROVED that approval be given to appointment of Mr. J. H. Zell to the Parks and Recreation Commission. REPORTS OF ADMINISTRATOR FORMAL DEDICATION OF City Administrator stated that notice had been received of RECREATION CENTER the formal opening of the Recreation Center in Azusa to be IN AZUSA held at 2 p.m., Sunday, November 13. • LEAGUE OF CALIF. CITIES City Administrator stated that a meeting of the League of MEETING California Cities would be held in Alhambra on November 17 at 7 p.m. REPORT FROM COUNTY City Administrator stated that this report indicated that REGISTRAR OF VOTERS West Covina now has 51 voting precincts. PUBLICHEARING City Administrator stated that maps had been drawn up as REGIONAL PLANNING to location of exact areas where zoning changes had been COMMISSION requested of Regional Planning Commission, and it would seem November Q., 1955 that the one that would affect West Covina the most would be the zone change request located at Francisquito and Glendora. It was request of Council that the Planning Secretary be authorized to represent West Covina at this hearing not.to just oppose it, but that the City be given protective zon- ing in this particular matter. • 0 017� cc 11/14/55 REYES PROPERTY City Administrator reported that in regard to piece of NEGOTIATIONS AUTHORIZED property on Sunset Avenue belonging to Mr. Reyes, which is located in middle of proposed extension of Cameron Avenue, and whose owner had asked that City purchase this land from him. Procedure of appraisal had been carried out and City Administrator would now like permission to approach Mr. Reyes regarding this property based on the appraisal. Motion by Councilman Van Horn, seconded by Councilman Kay, and carried, that authorization be given the City Administrator to negotiate on this matter and bring back a full report to Council. ALCOHOLIC BEVERAGE City Administrator reported that transfers of Alcoholic LICENSE TRANSFERS Beverage License had taken place from Lillian M. Curry to Golden Coach, Inc. & Golden Coach, Inc., and Yong Sun Lee to South Hills Country South Hills Country Club Club. REPORTS Motion by Councilman Sperline, seconded by Councilman Kay, Treasurer's Report and carried, that reports of Treasurer, Building Dept., Building Dept. Report and Police Dept. be accepted to be filed for the record. Police Dept. Report THOMAS HOME PRODUCTS Council upheld its decision of denial to Thomas Home Products Retail Sale of Play- made at adjourned meeting of City Council, November 7, 19559 Ground Equipment, Slides, to sell playground equipment, slides, and related Christmas and related Christmas items,at 140-142 S, Glendora Avenue as it does not comply items with zoning ordinance and Manning Committee stated it was in violation in C-1 area. Meeting was adjourned at 11:15 P.M. until November 21, 19559 at 8:00 p.m. ROBERT FLOTTEX �0HURSi, U40R