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04-08-1957 - Regular Meeting - Minutes• MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL -CITY OF WEST COVINA, CALIFORNIA April 8, 1957 The meeting1kas called to order by Mayor Brown at 8:03 P.M. in the West Covina City. Hall. Mr; Roy Plummer, Minister of Education First Baptist Church gave the Invocation. ROLL CALL • Presentr Mayor Brown, Councilmen Mottinger, Kay, Pittenger Others Presents City Manager; City Clerk"and'Assistant Administrative Officer; City Engineer; Sanitation Engineer.; Planning Commission Secretary; City Attornwy Absent: Councilman Crumley; City Treasurer APPROVAL OF MIN UrES March 25, 1957 -- Approved as submitted. SCHEDULED MATTERS RECEIVE BIDS PROJECT C-55 Location: Glendora Avenue from Cameron Avenue to BID AWARDED Garvey Avenue. Street improvements to consist of (Warren -Southwest, Inc.) resurfacing the center 22 feet of Glendora Avenue with approximately 1" asphaltic premix"pavement. Bids were opened as 'advertised at 10.00 A.M., April 8, 1957, in the office of the City Clerk and referred to the City Engineer for recommendation to the City Council at this meeting. City Engineer. The opening of these bids took place according to the proper schedule and the following were received. •-,...Warren-Southwest, Inc. :_Unit pr , ice5a53 Total.63.9F93o1'2 x Harvey Construction Company Unit price 8;30 5-843. Crowell & Larson Unit price 60;14 49322.56 W. E. Hall Construction Company Unit price 60254,400.00 We would recommend that the bid we awarded to Warren -Southwest, Inc., in the amount of $3.,893.12 as the lowest responsible bidder. Motion by Councilman Pittenger, seconded by Councilman Kay that the recommenda- tion of the City -Engineer be accepted and the bid award for Project C-55 go to Warren -Southwest, Inc., in the amount of $3.,893.12 as the lowest responsible bidder (with all other bids and bid bonds to be returned to the unsuccessful bidders). Motion passed on roll call as follows. Ayes: Councilmen Mottinger, Kay, Pittenger, Brown Noes: None Absent: Councilman Crumley V.V. 4-8-57 Page two • PROJECT C-56 Location: Lark Ellen Avenue from south City limits BID,AWARDED to Cameron Avenue. Street improvements to consist (Warren -Southwest, Inc.) of resurfacing the center 22 feet of Lark Ellen Avenue with approximately 1" asphaltic premix pave- ment. Bids were opened as advertised at 10:00 A.M., April 8, 19579 in the office of the City Clerk and referred to the City Engineer for recommendations to the City Council at this meeting, City Engineer: The opening of these bids took place according to the proper schedule and the following were received. Warren -Southwest, Inc. Unit price $5089 Total. $29838098 • Harvey Construction Company Unit price 8.30 4'9000.60 Crowell & Larson unit price 6.14 29959.48 W. E. Hall Construction Company Unit price 6.25 39012.50 We amounulofreco83en9'that the bid the lowest warded to Warren -Southwest, Inc. in the 9 , responsible bidder. Motion by Councilmafi Pittenger9'seconded by Councilman Kay`that the recommenda- tion of the City Engineer'be accepted and the bid award for Project C-56 go to Warren -Southwest, -Inc., in -the amount of $2,838.98, as the lowest responsible bidder (with all other bids and bid bonds to be returned to the unsuccessful bidders.) Motion passed on roll call as follows:. Ayes: Councilmen Mottinger, Kay., 'Pittenger., Brown .Noes: None Absent: Councilman Crumley RE: Unclassified Use Permit No. 18 LOCATION: Northwesterly side of Dr. Samuel Ching & Mrs. Lilly.Ching Glendora Avenue, between Service SET DATE�FOR HEARING!:FOR RE -OPENING and Cameron Avenue. APRIL 29,9.1957 REQUEST: Permit to construct and operate a hospital and attendant faci- lities in -Zone R-A Referred back to the Planning Commission from the adjourned meeting of the City Council of April.l, 1957 with the �recomendation for denial due to lack .of evidence presented by the proponents. Mr. Gerschler presented and read -the motion of the Planning Commission at their regular meeting of April 3, 1957 reaffirming their previous decision of recommendation of approval; with further recommendation that the City Council review all testimony and facts presented at the hearing before the Commission and that additional hearing be granted. C.C. 4- 8-57 Page three • Unclassified Use Permit No. 18 - Continued City Clerk presented and read a communication from Eldon R. Clawson. attorney representing the opponents, date April 3. 1957 requesting application be denied by the. Planning rnmmission without prejudice to the Doctor's reapplying, or the matter be referred back to the City Council with a further report; with the opinion that the application may not be Finally approved until substantial evidence tending,to establish that public convenience and necessity and the public welfare require such action is presented to the City Council in public hearing, at which opponents as well as proponents are permitted to present evidence. • The communication further advised that the property owners living within 300' of the property in question desire to present testimony and evidence in opposi- t'ion"in the event application is not denied without prejudice, and further hearings are held by Commission or Council.. The City Clerk presented and read a communication dated'April 8. 1957 signed by Samuel Ching, M.D., Paul B. Seymour, M.D.., Norman G. Snyder. M.D., and Lawrence Moser, M.D, requesting CityCouncilto Grant a new he-ari.ng for those reas ans as stated in the communication. Motion by Councilman Pittenger9 seconded by Councilman Mottinger and carried that'the previous motion made by the Council to deny be rescinded and that • the hearing be re -opened and continued on April 29, 1957. (It was consensus that if possible the Coronado School again be made available for this meeting.) PUBLIC HEARINGS' ZONE CHANGE NO. 95 LOCATION: Southeasterly side of Sunset Avenue and ZONE VARIANCE NO. 193 proposed extension of Cameron Avenue. PRECISE PLAN NO. 105 Marvin S. Kreeger REQUEST: C-2 Uses; Variance for Filling Station Use; DENIED adoption of Official Precise Plan. • EXISTING M-NE: R-A Denied by the Planning Commission at their meeting of February 20, 1957 by Resolutions No. 4679 468 and 469. Decision of the Planning Commission -was appealed by letter dated February 27, 19S7 from Marvin So Kreeger. Set for hearing this date by the Council at their regular meeting of March 11, 1957 The maps were presented by the City Engineer,, and the resolutions and recommenda- tions of the Planning Commission were as follows: 1) That all street improvements outlined in Section 49, Ordinance No. 2259 including utilities, be installed accordingly'and meet the.approval of the City Engineer, This to include street lights, sidewalks, sanitary sewers, • improvements on Sunset Avenue, Cameron Avenue and Crumley Street. -3- C.C. 4-8-57 Page four • Zone Change No. 95 - Zone Varin ance No. 193 - Precise Plan No. 105 - Continued 2) That the Precise Plan conform to the proposed R.O.W. of Cameron Avenue Extension per C.S.B. Map No. 2453-2. 3) That ..all necessary street widening of Sunset and Cameron Avenues shall be deeded to the City of West Covina. 4) That all buildings and signs not exceed one story in height. 5) That all exterior lighting be installed and maintained in a manner eliminat- ing any nuisance to adjacent residential property. • 6) That adequate watersupply and fire protection be provided as required by Ordinance No. 237 and. Ordinance No. 451. 7) That all excavating and grading work conform to pravisons of Ordinance No 3F4. 8) That all bonds, fees and deposits for improvements be posted before building permits are issued. 9) That a 6-foot masonry wall be'constructed along the southwesterly and southeasterly property line. 10) That the site be graded to drain to public streets or that suitable drain facilities be provided, satisfactory to the City Engineer. 11) That all existing buildings be removed or demolished. 12) That all driveway openings be limited to 301 0" in width. 13.} That a 6" concrete curb be constructed 21 Ot' off the property line along the northwesterly and northeasterly sides of the parking areas. 14) That 12t 0" walks be shown along the easterly side of Building No. 1 and the westerly side of Building No. 2 and.the northerly.side of Building No. 3. . All .those wishing ro present testimony in this matter were sworn in by the City Clerk. Mrs. E. B. Samuels of 333 N. Citrus, West Covina speaking for the property owner in this case, stated as follows: " believe the Council has.familiarized themselves with the presentation and details of the hearing when it was before the'Planning Commission and I think for that reason, in view of the Councills heav5r schedule, it will not be necessary to repeat the full presentation unless the Council deems it'necessary. C.Cu 4-8-57 Page five • ZC No. 95 m ZV No. 193 - PP'No. 105 - Continued Mrs. Samuels m Continued: I would like to rely on the statements made at the time of the Commission hearing 'but would mention that the Commission elected to disregard the problems in connection with this property because they felt that the problems that do exist are problems for the Council and not the "Commission to solve. For this reason I would like to ask that the Council give full consideration to this. matter and take it under advisement and_further study to see if some equitable situation that will be favorable for all parties concerned, might be worked out. Councilman Kay: What are you referring to in regard to problems? • Mrs'. Samuels: There are several problems of concern to the City, one is the matter of streets. The fact that Sunset Avenue is being widened to 100-feet and -Cameron Avenue taken off of this property to make 80- foot width represents about one -fifth of this property which would certainly be a hardship and"an unreasonable amount t;o ask the property owner to donate and to improve. There is some question., too., as to Crumley Street on the south as to the way it was originally put in. I think that needs study as' to whether this property owner should'be asked to go beyond their property to'improve a street that was partially installed. • The property lies at the corner of a major intersection 'of the City which, in my opinion., entitles it to more considerations. The new Block Study, made after this application -was made .for the zoning change and approval of the Precise Plan, was, I believe, a pretty hurried thing as it was made in a short time and I'do not believe the staff had the time to give it the consideration they would have liked to. It shows a waste of land in it and the property faces across Sunset from city owned property and will never go into R=1' use e Councilman Kay: II was attending the meeting of the Commission at the time of this hearing requesting C-2 on all of the property, yet • the Precise Plan shows a church plan on the site. Mrs.'Samuels: I believe "it was made'on that. There was no distinction made for'the' two -uses. We had a church interested at that time but I do not know if they are still interested. With only one church interested we'were not sure just how much property they might want. The architect planned it the way it is shown in case they (church) felt they might extend further as regards parking. I have presented statements so far as problems are concerned and the hardship on the owner in that one -fifth is going to major thoroughfares serving the whole city, not just his property. That does not include those thoroughfares going on the inside of this property. -5- Ci. M 4-8-57 Page six • ZC No. 95 - ZV No. 193 - PP No. 105 - Continued Mrs. Samuels - Continued: The property has been under consideration at various times and it has been recognized as having problems. The corner on which we ask zoning for a service station is one that we feel is a logical location for it and is so separated from the residential that they will be protected from any ill effects insofar as facts are concerned. There are always a lot of fancies as to what prompts decrease and/or increase in property values. The rest of the property is thoroughly buffered by Cameron on the north, which will be 80-feet wide. Traffic on Cameron will constitute far more nuisance • than the operation of the service station on the south side. Properties to the north are protected by the width of Cameron, and because they back-up.to Cameron. Properties to the east are some several hundred feet away., Those to the south are some hundred feet away so there is such distance that unless you drove to this particular corner you would not be aware there is a service station there. "Property.to-the east, with the church location shown, is fully protected from any commercial development. If the property has a wall -along the south side and the street that dead -ends at this property is closed, there would be more seclusion on the property to the south than if traffic, is going down to Cameron through this street. • There is real importance in the situation :that pertains to all of West Covina, and that is the fact that in the Precise Plan that had been laid out, you have backups to Cameron Avenue. as on the north side, and -as soon as you start backing'up houses on a major street all the way along, you get an unattractive appearance to everyone going through. I think it is important to protect esthetic values in the city also, I think a clean area with setbacks is far more attractive than -backyards and clothes lines presented from the back, because all you get is a glorified alley on Cameron. You also create a constant permanent maintanence by the city of the area lying between'the curb and lot lines. It has been expressed by your City Manager that he was not in favor of creating any more unnecessary permanent maintainence costs on the part of -the city. • I think there is no question of the need -for more church sites in West Covina because of all the inquiries we have had, and I am sure we have not had as many as those realtors located close to the center -of the city,"` E An'architectural drawing of the project was presented to the Council. Mr. E."Lang of 1319 Crumley Street, West Covina spoke in opposition. «I"believe most of the items as regards,"the opposition have been covered at the hearing before the Commission. Howeyer, I have been asked to speak on behalf of the 150 home owners who have signed the petition against the change in zoning on this particular area. -M c.c. 4-8-57 Page seven ZC No, 95 - ZV No. 193 o PP NO. 105 m Continued Mr. Lang'- Continued- It is our feeling this property can and should be developed into a -single family dwelling area. I think it follows, that more or less of that area to the south of Walnut ' Creek Wash was to be residential. To -allow any deviation from this would be a breach of faith on the part of the Council and Commission in that we bought our homes in this area beleivi.ng it would "develop in that manner (residential); One thing that was not mentioned'is the fact there is a school located 200mfeet from,this particular area, across the -street,' and it is our feeling this would • create an additional burden to the over®taxed teaching staff as it would cause an attractive nuisance for the students in that particular'area. So.far as the church site is concerned all of us would 'be more than happy to have one in that area. The church site would not create the problems of a nuisance and traffic dangers. I"have checked, from a very recent survey made, in regard to the need for shopping facilities. In. an area bounded by Walnut Creek Wash to the north, California Avenue to the east, Merced Avenue to the south it was found there are approximately 168 retail outlets. The entire area on the opposite side of Sunset Avenue„ north of the wash,'has.y0t to be developed fully with commercial. • We see no reason to have commercial in a decent'residential zone such as we currently have in the area." Colonel Holly of 1218 W. Crumley Street., West Covina spoke in opposition. I believe that the Council has a letter addressed to them'on_ this particular sub ject'which we would like to have read into the Minutes. Mayor Brown read the letter raferred to -,'which stated oppoition to this matter. the Mayor stated there were no signatures on the petition attached to this letter. • Colonel Holly clarified this by stating that this was a copy of the same peition and letter presented at the hearing before the Commission. Mr. L. Oaks of 756 S. Broadmoor Street, West Covina spoke in opposition. Mre'- Lang'has spoken on behalf of, those adjacent to th s'property. I would like to speak as the representative of the property owners not immediately adjacent to the area but in the general area.. We are also opposing this zone change and suggest that the Council uphold the recommendation of denial stated by the Commission. We are not stating our opposition on the immediate depreciation of our property as we are less likely • to be affected than those adjacent. However, we are concerned with the long range effect on the whole community of homes in the general area which would be bounded.on the south by Sunset, north by Service, east. by California and west by Merced. -7- C.C. 4-8-57 Pa?e eight • Mr. Oaks - Continued-. Except for this property, plus a few scattered lots, the area is solid with established homes. These homes surround this area on three .sides, and to this application in an established residential area would be a precedent for 'spot zoning' of interest to _.the property of all home owners in the City of West Covina. Mr. R. E. Frances of 1233 Barbara Avenue, West Covina desiring to present testi- mony and not previously sw) rn in was §worn in by the City Clerk. Mr. Frances spoke in opposition. There are"two points in the testimony of Mrs. Samuels which"I would like to • bring out. It'was stated it was necessary-tb_have C-2 zoning for a church site a� this location. It is my understanding. -that is not necessary for a church site.. It was also stated that the church -who was interested in building here might no lDnKar be interested in doing so, therefore, the need for the C-2 would appear to be for a service station and that,we do not need at all. within a two mile area there are five service stations, four operating and one under construction. We feel a sixth one is not necessary in this particular area. Mrs. Samuels.spoke in rebuttal. I"think there are too many thin:rs involved here to be" properly settled in a • minutes time and I would appreciate it if the Council would take this matter under consideration for further study. There being no further testimony, the hearing was declared closed. Councilman Kay: Mr. Lang your testimony indicates that there is no particular opposition to a use of this property for church purposes from surrounding property owners. Mr. Lang: Of course not. We do not see how a church could endanger children or cause a nuisance to the extent the other proposals would. • Councilman Kay: This has indicated a request for heavier zoning than is necessary to a church site. I think there is a situation here that the Council should settle at this time, now that we"have."this property before us, regardless of the zoning matter, and that is acquisition of Sunset and Cameron for widening. We are going- to want to extend Cameron to Glendora at the earliest*possble date and I am sure that we have some funds budgeted for such property acquisition. I think we should settle that much regardless of the zoning application. 7. So far as the general C-2 zoning is concerned I personally feel it would be ill-advised for the Council to accept, but I do like the idea of locating church sites here. I think that isa good idea, but not on C-2 zoning, o8m C.C. 4-8-57 Page nine • Counbilman Pittenger: I agree with Councilman Kay. I think this is a case -of Qspot zoning4. 'We have a natural barrier here, which.is the Wash. and have kept commercial above it and I think we have something in that which should be respected and that business be kept above the Wash. This may be a hardship case but others have developed on the south and have given streets to the City. However, if Cameron is developed it will have to come off this property. I would rather see us buy it than grant zoning on this property (to obtain it). One other thing, regardless of how this is worked out we are going to have • lots on the north side of Cameron backing -up to Cameron so we will have to make the best of a bad situation even if south side lots are made to back-up. Councilman Mottinger: I want to reiterate in regard to the observations made. It will be necessary for the city to procure land one way or another fo.r"streets and it should certainly not be done to the -detriment of property owners."This property has been potentially R-1 on the roaster plan and unless there'is'something here in the way of doing it for the public interest I do not 'believe we should create a difficult situation for the owners of the adjacent property, I would like to comment on the fact that approximately.. year ago we denied R'P zoning almost adjacent to this property on Sunsei,'wh ch is a much lighter Suse than requested -here. I feel this would be a breach of our master plan and I would like to move this be denied. Councilman Kay: I am in agreement with the proposed motion but if we take that action at this particular moment we will kill, the thing completely so far as obtaining R.O.W. goes and I would like to see us get the dedication on Sunset and Cameron settled and to consider the point of view of a church here. I am not opposing the motion as regards commercial but I wonder if it would be best if we were to settle the items that we want to get for the benefit of the city. • Councilman Mottinger: I wonder if the City Manager or'the City Engineer can tell us.anything regarding this matter? City Manager.-. I think the City Engineer could give a detailed report on this but none of this land has been acquired (for city use). Councilman Kay: If we settled the exact use of land then we are going to have property owners come in for dedication and those things we need can be definitely pinned down on the map with improve- ments. The balance is what we.would have to provide and improve on city funds. . -9- C.C. 4_8-51 Page ten • Councilman Kay Continued: If we work out the problem now and attempt to evaluate the detailed needs we•could have exact determinings on what we will have to spend on paving through city funds. If you had a church or subdivision use go in you would require improvement of streets or connection to.existing streets and I think those things we could settle in regard to amounts of improving by property owners and the balance by the city. If we let the case go now we are in poorer position in buying this property for the city. Mayor Brown: On Cameron Avenue we are going to need 80-feet off the 10-acre section. The block study forgot to improve property lines at all in Crumley treet and to put it into R-1, applicant will put in curbs and gutters not'in his 10 acre parcel. !.think it is a problem:.property, although definitely not to go to C-2, but perhaps -the engineer of -the applicant and our city engineer and city manager might be able to work out something here rather than give a flat denial. If it is the thought we might get a church site here, the city might obtain more improvements through that', although back-ups on the north side and on the south .will cause us to have a continuous maintenance problem.. Councilman Pittenger: We.,are going to get dedication on Sunset and we will i . 40®feet or0-feety8is not going to make or.we buy have to buy a portion on Cameron. Whether break the.city. If we have to buy it all we can pay a fair price, put in our street and maintain proper zoning. Councilman Mottinger: I see what you. (Councilman Kay)`are driving at but see no objective to it. I'feel we can be absolutely fair to the property owner and give him a fair price on the land we are going to take aw.y from him. We''have nothing here but.a block study and map utilized by'the property owner and it is certain consensus we w-uld deny this as it now'stands. There could be a new plan presented and a new application showing the church in an entirely different area.. Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that.fone Change No. 959 Zone Variance No. 193 and Precise Plan No. 105 be denied. ZONE CHANGE NO. 98 LOCATION: Tract No. 20551, north of Garvey Avenue, City Initiated south of Mardina Street. APPROVED PROPOSAL: Zone on Lots 1 through 1.4 from R-A, Potential R-3 to Zone R-1 and on Lots 15 through 2.0 to Zone R-3. Recommended for approval by the Planning Commission at their meeting of March 6. 1957, Resolution No. 478. Set for hearing this date by the Council at thaii • regular meeting.of March 11, 1957. _10® C.C. 4-8-57 Page eleven • Zone Change No. 98 - Continued Maps"were presented by the City Engikneer and Resolution No. 479 and .recommenda- tions of the Planning Commission read as follows: 1) Subject property is presently classified.R-A and R-A, Potential R-3 as shown on the official zoning map adopted June 28, 1954. 2) Zone Uhange No. 27 approved by the City Council on February 21, 1955 (Ordinance No. 335) granted R-3 zoning for lots 15 through 20 as shown on the approved Tentative Map of Tract No. 20551., subject to the recordation of 'a' final map conforming thereto:. Upon recordation of Tract No. 20551 the lot numbers were rearranged so as to create conflict with the intent of Zone Change No. 27. 3) The proposal set forth in this consideration is designed to precisely reclassify those properties affected by Zone Change No. 27 accordingly. 4) I'V is the recommendation of the Planning Departme'nt'that Zone Change No. 98 be approved as presented. There being no testimony presented the hearing was declared closed. Motion by Councilman Kay, seconded by Councilman Motiinger and carried that Zone Change No. 98 be approved subject to the recommendations of the Planning Commission. ZONE VARIANCE NO. 200 LOCATION: 909 E. Barbara Avenue Wm. 0. & Lorraine J. Jacobsen REQUEST: Sideyard building set -back variance CONDITIONAL DENIAL EXISTING ZONE: R-1. Denied by Planning Commission at their meeting of March 6, 1957. Appealed by letter from applicant dated March 8, 1957. Set'for hearing this date by the 'Council at their regular meeting of Mareb.11, 1957. The maps were presented by the City Engineer and Resolution No. 477 of the • Planning Commission was read. All those wishing to present testimony in this matter were sworn in by the City Cle,xrk. Mr. Thomas B. Barson, Attorney, of 10352 Southwestern Avenue, Los Angeles spoke in favor on behalf of the applicants. I think that the application submitted before the Commission is also before this Board. At that time our position was to the effect that this variance change is going to affect the applicant in two ways., financially and use in enjby.Ment of their property. This is one home of six, out of 50 homes in the area, that has rear exit at the side of the house, with lot size of 75 x 135 feet in depth. �11� C.C. 4-8-51 • Zone Variance No. 200 - Continued Page twelve Mr. Barson - Continued: This project started out by the putting up of a 6-foot common concrete wall at the side of the property between neighbor and themselves and that is where rear exit is facing. They then decided they would 'like to have a patio and barbecue so they put in the necessary concrete slab and then put up the barbecue. They have spent some $2000.00 in materials, the labor being done by the applicant. Then it was decided they would need a roof. The applicant did not realize this ordinance was in affect, although as stated in the applica- tion that is not considered a defense. • I't is 32-Meet x 20-feet from the house to the concrete wall. The reaBon it is supported on the wall is that it is alarge roof and had to be substantially supported. Altogether it has cost about $2500.00 to do this and will cost probably that much again to tear it down. The unusual circumstances here is that rear exit is usually off of a patio and this originally was not. Every other house, except six, has .:their exit to patio at the rear. So far as setting a precedent we can understand the position of the city. We do not want any precedents set but believe you could hinge this' on'the fact of the rear exit being on the side and therefore to approve this would set no precedent. Those who do not have exit on the side would not put a'patio on the side. iSo far as a failure to maintain a minimum amount of light and air, I do not think-' it is a detriment to others. I think.that if there is any detriment it is far outweighed by causing a detriment to this family. Thirty-two feet out 3f 135-feet does not seem to be too detrimental in that aspect of it. Primarily there is the tremendous financial burden it places. It is an improve- ment to the property itself as well as an improvement to the area generally. 1-1e'have a few people in the immediate neighborhood that have signed a small peti- tion which I will submit, in .favor of this and contains some thirty names. (Petition was submitted to the City Clerk for the record). • Councilman Kayo Did the applicant get a building permit at the time of building. Mr. Barson: No. This project developed over two or three ,years. Jacobson: It was my understanding'a permit was not necessary until we got to the roof and the wiring and the roof was only put up about six months ago. This was under construction' for a period of 2 or 3 months before it was finished. It is not completely enclosed but all se,reened.. Councilman Kay: I am wondering a bout if you bought five feet of area of neighbor. -12m C. Co 4-8-57 Page thirteen • Zone Variance No. 200 - Continued Mr. Jacobson: I had thought of that but understand 70-foot frontage is required on his property so did not feel that it would help. There being no further testimony presented the hearing was declared closed. Mr. Gerschler: There is no report from the Building Department on this matter but we worked closely with them on it. We have copies of several letters that we sent to the applicant and which were signed in conjunction with the Building Department. • Councilman Pittenger: Have there been any complaints from neighbors? Mr. Gerschler: ,. This came to the attention of one of the building inspectors working in the field. As is the usual procedure we were called into this matter and went over to this property immediately with the Chief Building Inspector and advised the applicant to ask for a variance. We also stated that if this variance was not successful he would have to conform to building and zoning ordinances. Mayor Brown: I believe the only possible way to make this legal and enable applicant to keep it would be for him to put theyradof back 2-feet, leave the structure completely open and have it supported by poles. That would be considered legal under rulings for patio. Councilman Mottinger: Perhaps we might ask the Building Department for minimum recommendations that might make this area comply with the law. Mayor Brown: I discussed this with the Building Department and was told that even if extra property was: bought y-t would not be able to conform to the building code. If applicant 'takes five'" feet of land next to him he would still have to file for a variance, and his next door neighbor would also. There has to be 7-Meet from side line of any building in .Area District II and minimum 7-foot set -back is required. • Councilman Mottinger: I think it is the consensus to try to do anything we can in this matter. However a variance of this kind would set precedence and I think it is in order ,lust to deny this Zone Variance. Suggestions have been made of the possible procuring ofproperty or changing of the building9 whichever -would be the lesser cost. Motion by Councilman Mottinger, seconded by Couneilmah Pittenger and carried that Znn e Varinace No. 200 be denied but to check with Building Department for a minimum compliance with existing ordinance. Motion by Councilman Kay, seconded by Councilman Mottinger and carried that the applicant be allowed a period of 120 days to bring the property in conformance or have another -.one variance case before the City before the Building Depart- ment would enforce the Zoning Ordinance. -13- C.C. 4-8-57 Page fourteen • PUBLIC HEARINGS FOR FUTURE SCHEDULE - May 13., 1957 AMENDMENT NO. 15 City Initiated=. -A proposal to amend Ordinance No. 325 to allow certain minor automotive servicing in conjunc- tion with permissible filling station uses in Zone C-l. Recommended for approval by the Planning Commission at their meeting of April 3, 1957. WRITTEN COMMUNI-CATIONS V.F.W. Post 8620 City Clerk presented and read a communication Zane Change No. 99 dated March 279 1957 appealing decision of the • Precise Plan No. 109 Planning Commission on Zone Change No. 99 and SET FOR HEARING MAY 13, 1957 Precise Plan No. 109 for Rm3 uses. LOCATION: South side of Merced Avenue9 between. Willow Avenue and South Frontage Road. Denied by Planning Commission .at their adjourned regular meeting of March 23, 1957• WITHDRAWAL OF APPEAL M. J. Brock & Sons,, Inc. Zone Change No. 97 The City Clerk presented and read'a communication Precise Plan. No. 108 withdrawing -appeal on this matter. City,Clerk: This communication requesting withdrawal arrived before this matter was properly advertised and the City Attorney has informed us it wDuld be in order to delete this matter from the Agenda for the date of public hearing on which is was designated to be held. LANDSCAPING FOR The City Clerk presented and.iread a communication SAN BERNARDINO FREEWAY from Thomas M. Erwiny California Assemblyman, in'regard to CityPs Resolution No. 1103 for freeway landscaping and it was indicated this matter was being given careful study by the Division of Highways. The City Clerk stated that he also had a communication from the State Division of Highways with respect to Resolution No. 1103. • ®14- • • 1] C.c. 4-8-57 PUBLIC WORKS CITY ENGINEER Page fifteen FINAL MAP LOCATION: North side of Puente Avenue, between Lark TRACT NO. 22768 Ellen and Azusa Avenues. 11.2 Acres o 39 Lots Tommy N. No', 2, Inc. Area District II. APPROVED The Final Maps of Tract No. 22768 were presented by the City Engineer who recommended approval subject to the following condition: 1) City Engineer's approval of Sanitary Sewer Plans & Profiles. Motion by Councilman Mottinger, seconded -by Councilman Kay and carried that Final Map of Tract No. 22768 be approved, subject to the conditions of the City Engineer. RESOLUTION NO. 1107 LOCATION: North side of Puente Avenue, between Lark ACCEPT BOND Ellen and Azusa Avenues. Street Improvements Tract No. 22768 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST ADOPTED COVINA, CALIFORNIA, APPROVING BOND GUARANTEEING THE COST OF CONSTRUCTION OF STREET IMPROVEMENTS." Motion by Councilman Kay, seconded by Councilman Pittenger and carried that further reading of the Resolution be waived. Motion by Councilman Kay, seconded by Councilman Mottinger that Resolution No. 1107 be adopted, accepting General Casualty Company of America Bond No. 359321 in the amount of $26,000.00 for Street Improvements. Motion passed on roll call as follows: Ayes: Councilmen Mottinger, Kay, Pittenger, Brown Noes: None Absent: Councilman Crumley RESOLUTION NO. 1108 LOCATION.: North side of Puente Avenue, between Lark ACCEPT BOND Ellen and Azusa Avenues. Sanitary Sewers Tract No. 22768 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST ADOPTED, COVINA, CALIFORNIA APPROVING BOND GUARANTEEING THE COST OF CONSTRUCTION OF SANITARY SEWERS." Motion by Councilman Pittenger, seconded by Councilman Kay and carried that further reading of the Resolution be waived. Motion by Councilman Pittenger, seconded by Councilman Kay that Resolution No. 1108 be adopted, accepting General Casualty Company of America Bond No. 359320 in the amount of $79600.00 for Sanitary sewers. Motion passed on'r_oll call as follows: . Ayes: Councilmen Mottinger, Kay, Pittenger, Brown Noes: None Absent: Councilman Crumley. A15o C.C. 4-8-57 • FINAL MAP METES & BOUNDS SUBDIVISION NO. 135-105 Merrill S. Standage APPROVED LOCATION: Southwest and Elder Street. 4 Lots - 1.9 Acres Page sixteen corner of Van Horn Avenue Area District I. The maps were presented 'by the City Engineer who recommended approval as submitted. Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that Final Map of Metes and Bounds Subdivision No. 135-105 be approved as submitted. TIM EXTENSION LOCATION: East side of Lark Ellen Avenue, north of • Tract No. 18807 Puente Avenue. Sponseller & Sons (October 20, 1957) The City Engineer recommended approval of extension of APPROVED time to install street improvements (2 yrs.) to October 20, 1957, and stated that tract was delayed due to School District Condemnation proceedings. Motion by Councilman Kay, seconded by Councilman Pittenger and"carried that Time Extension on Tract No. 1P807; to install street improvements, to October 209 1957 be approved. TIME EXTENSION LOCATION: West of California Avenue, north of Francisquito Street Improvements Avenue. . Tract No. 18277 Delhaven Company The City Engineer recommended a time extension to complete -(March 18, 1958) street improvements to the date of March 18, 1958. It was APPROVED stated that -the tract is about 65% completed and sanitary sewers have 'been installed in all of the streets. Motion by Councilman Pittenger, seconded by Councilman Kay and carried that time extension on'Tract No. 18277, to complete street improvements, to March 18, 1958 be approved. TIME EXTENSION LOCATION: Northwest side. of Orange Avenue, between FINAL MAP Francisquito Avenue and Merced Avenue. Tract No. 19497 • Larwin Company The City Engineer recommended a time extension to Maiden Fair Co. December 27, 1957 for filing of final map subject Standard Develop. Co. to sidewalks being provided on Orange Avenue. It (December 2.9 1957) was stated sanitary sewers were made a part of the APPROVED tentative map. Motion by Councilman Mottinger' seconded by Councilman Kay and carried that time extension for filing of final map of Tract No. 19497 to December 27, 1957 be approved, subject to sidewalks being provided on Orange Avenue in accordance with the city ordinance. Councilman. Kay: If time limit to carry out certain things on tentative • maps runs out at the end of one year and the Council does not act to extend that time until after time limit, 0 isn't the thing automatically dead? -16- C.C. 4- 8-57 - Page seventeen City Attorney: I would 'be inclined to think, if anyone had raised the point, that it would be. As I recall if the extension is not granted within the year, the applicant must file a new tentative. Councilman Kay: I think it is a matter of administrative work to get these things before the expiration date or the applicant must re -file. City Attorney: If the year passes without an extension being granted I would say it automatically terminates and before action can be taken a new tentative.must be submitted. • City Manager: Some action on this has grown out of the fact that we uncovered some of these matters going beyond the allotted time but with the tremendous amount of processing of subdivisions it has been almost a super -human -effort to keep up with this. We are attempting to set up a file operation so -that perhaps there can be notification 30 days prior to expiration time. Councilman Kay: I do not think it is responsibility of the City. City Manager: No, it is not, but we feel the action to be taken would tie these things together. • Motion;by Councilman Kay, seconded by Councilman Mottinger and 'carried that the City Council instruct the City Engineer to review recommendations -for time extensions on subdivision maps, and if not filed within proper period, starting June 19 1957, extensions not be granted unless requested prior to the expira•- tion date. RESOLUTION NO. 1109 LOCATION-. North side of Dalewood Street, east of ACCEPTING GRANT DEED Glendora Avenue. Tract No. 17325 (Dalewood Street) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADOPTED WEST COVINA, ACCEPTING A GRANT DEED AND DIRECTING THE RECORDATION THEREOF." • Motion by Councilman Kay, seconded by Councilman Pittenger and carried that further reading of the body of the resolution be waived.. Motion by Councilman Kay, seconded by Councilman Mottinger that Resolution No. 1109 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Mottinger, Kay, Pittenger, Brown Noes: None Absent: Councilman Crumley: • -17- C.C. 4-8-57 Page eighteen RESOLUTION NO. 1110 LOCATION.- East side of Azusa Avenue, south of Larkwood STORM DRAIN EASEMENT Street. Tract No. 18221 (L,ot 28) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF WEST ADOPTED COVINA, ACCEPTTNG A STORM DRAIN EASEMENT AND DIRECTING THE RFMRDATION THEREOF." Motion by Councilman.Pittenger, seconded by.Counci.lman Kay and carried that further reading of the body of the resolution be waived. Motion by Councilman Pittenger, seconded by Councilman Kay that Resolution No. 1110 be adopted. Motion passed on roll call as follows. Ayes: Councilmen Mottinger, Kay, Pittenger, Brown Noes: None Absent.: Councilman Crumley PLANNING COMMISSION Subdivisions TENTATIVE MAP LOCATION.On Camilla Road, south of Service and • TRACT NO. 18378 (Revised) north of Margarita Drive. Howard Bertheola 0.78 Acres - 4 lots - -Area District II 4# APPROVED Recommended for approval by -the Planning Commission at their meeting.of April 39 1957. The"maps were presented by the City Engineer and recommendations read as follows: 1) That all street improvements outlined in Section 49 of Ordinance No. 2259 including utilities, be installed accordingly and meet the approval of the City Engineer. This to include sidewalks on Service Avenue. 2) That the subdivider request the opening of one -foot lot 7 - Tract 17077 • for street and highway purposes.. 3) That a minimum 35 foot radius cul-de-sac street be provided on Camilla Road that will permit construction of street improvements having a minimum 30®foot curb radius. Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that revised Tentative Map of Tract No. 18378 be approved subject to the recommendations of the Planning Commission and City Engineer. • 0 • C.C. 4-8-57 METES. & BOUNDS SUBDIVISION NO. 135-138 Mr. Ardin Hotchkiss APPROVED Page nineteen LOCATION. East side of Azusa Avenue, between Larkwood Street and Cameron Avenue. 0.44 Acres - 2 Lots - Area District II -A. Recommended for approval by the Planning Commission at their meeting of April. 3, 1957. The Maps were presented by the City Engineer and recommendation made for approval as submitted. Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that Metes and Bounds Subdivision No. 135-158 be approved as submitted. METES & BOUNDS Recommended for appro�;,al by the Planning Commission SUBDIVISION NO. 135-136 at their meeting of March �3, 1957. 'On March 25., Romac Oil Company 1957, the City'Cauncil referred the matter back to APPROVED the Planning C6mmission for further study. Recommended for approval at the'Planning Commission meeting on April 3, 1957 as plan map submitted. The maps were presented by the City Engineer and it was stated that the CoMmis- sion had reconsidered the alternate location of the streets as shown on the Block Study and it was the Commissions decision that the northerly street would be the most logical and recommended the map be approved accordingly, subject to the following conditiors. 1) That,all street improvements outlined in Section 49, of Ordinance No. 2259 including utilities, be installed accordingly and meet'the approval of the City Engineer, this to include sanitary sewers. 2) That a one -foot lot at the end of the proposed street be deeded to the City of West Covina in fee simple. 3) , That the disposition of existing buildings be shown. Motion by Councilman Kay, seconded by Councilman Pittenger and carried that Metes and Bounds Subdivision No. 135-136 be approved, subject to the conditions of the Planning Commission and City Engineer. PARKS AND RECREATION COMMISSION ORANGE AND MERCED PARK SITE IMPROVEMENTS IN CONJUNCTION WITH PONY LEAGUE BALL DIAMOND (Water line to park site) APPROVED considerable amount of money. City Manager: We.would have to run approximately 800 feet of water pipe line from the nearest source.of water. This line would have to cross the Wash and then down into the portion of the Park to where the baseball diamond is established There are two sizes needed to supply sprinkler and drinking uses and this would run into a _� 9- • 0 • coca 4-8-57 Page twenty Mr. Miller, President of the Pony League stated that if the city can give some form of help so far as pipe., the labor can be supplied by the adults interested in puttin^ this diamond in. It was his understandinn that there would be a closer water source in that area due to a school going in,' possibly by next Year, and that this would be only a temporary arrangement, The City Manager stated that in crossing the Wash the Flood Control District would have to grant the permit to do so. Councilman Kay stated that there seemed to be nothing wrong in the expenditure of approximately $500.00 to get this pipe. It would belong to the City for future use when taken out, and if a permit could be obtained from the Flood Control I believe it would be in order to.go ahead on the matter. Motion by Councilman Kay, seconded by Councilman Pittenger that the City Manager be instructed to see if the proper permits can be obtained from the Flood Control District to carry this water pipe across the ?gash and that an expendi- ture up to the amount of $500.00 be approved to take care of water supply to this site with the necessary arrangements to be made by the City Manager, Motion passed on roll call as follows: Ayes: Councilmen Mottinger, Kay, Pittenger, Brown Noes: None Absent: Councilman Crumley REQUEST FOR ADDITIONAL The Park Coordinator stated that the Parks and PONY LEAGUE SITES WITH Recreation Commission had recommended approval of TEMPORARY FACILITIES AT this matter at their meeting of March 27, 1,057 with ORANGE-MERCED PARK SITE specific stipulation for one ,year only and for APPROVED temporary installation of a backstop. Motion by Councilman Mottinger, seconded'by Councilman Pittenger and carried that request for additional Pony`League Site with Temporary Facilities be approved subject to the conditions of the Parks and Recreation Commission, LITTLE LEAGUE Recommended for approval at the meeting of the Parks BASEBALL DIAMOND and Recreation Commission on March 27, 1957, Coronado Park Site APPROVED The Conditions were read as follows: 1} A yearly permit be obtained for this use. 2) ' Tha-t all of the advertising be confined within the area. 3) That the 'Snack Shack', if there is one, be subject to removal at the end of the year (baseball season). 4) That the area be reserved for public use during the hours.'it is not used for this particular program, -20- C.C. 4-8-57 Page twenty-one • 5) That the construction and maintenance of all facilities.be subject to review and approval of the Building; Department so far as public safety in conformance with the Building Code, 6) All loud speakers and public address systems be designed and operated to eliminate nuisance to surrounding properties. 7) That the Little League provide adequate and proper public liability and personal liability insurance at their own expense. 8) A sign made of water resistant material be placed at the main entrance, not larger that 3 feet by 4 feet stating the objectives and rules of • eligibility of Little League Organizations. 9) Provide two (2) approved type chemical toilets during spring training and playing season until such time as permanent sanitary facilities are provided for in the park by the City. 10) No fees and admission charges to be made to spectators and that the spectator area to be opened at all times. 11) Area be.maintained in dust free condition. It was further recommended in motion of the Parks and Recreation Commission that there be temporary installations ie; removable backstop and'a wire enclosed dugout --if so permitted in the working rules of the Little League,; Mr. Gerschler stated that in regard to the dugout such an enclppure was permissible., Motion by Councilman Mottinger, seconded by Councilman Kay and carried that use of Coronado Park Site for Little League Baseball Diamond be approved subject to the recommendations of the Parks and Recreation Commission. INTERIM PLOT PLAN Recommendedfor approval by the Parks and Recreation Coronado Park Commission.at their meeting of. March 279 1957, APPROVED Motion by Councilman Mottinger, seconded"by Councilman • Kay'and carried that the Interim Plat Plan of the Coronado Park be approved. CHAIN LINK FENCE The Park Coordinator stated that the Parks and DEBRIS CATCH Recreation Commission had recommended approval, at Orange -Merced Park Site their meeting of March 27, 1957, regarding the REFERRED TO CITY MANAGER erection of 250 lineal feet of chain link fence, five -feet high, along the easterly property line of the park site. City Manager. I would call attention to the land purchase arrangement on this property and before any substantial capital outlays are made I would request you refer this matter • to me for further investigation. Motion by Councilman Kay., seconded by Councilman Pittenger and carried that this matter., as per the request of the City Manager, be referred to him to proceed with any necessary investigation. C.C. 4-8-57 Page twenty-two NAME DESIGNATI-ON FOR Reference was -mate to a letter received from the ORANGE & MERCED PARK SITE son -of Mr. Neely asking it be named Neely Park AS 'WALNUT CREEK PARK' Motion by Councilman Kay', seconded by Councilman Pittenger and carried that as this property is' under lease purchase, prior to nanying.it-all elements should be taken under consideration. ACQUISITION OF ADDITIONAL, -LOCATION.- Property" east of Cortez Park LAND ADJACENT TO CORTEZ PARK consisting of 5.66-acres. O.D. Harbert REFERRED TO CITY MANAGER.. Affirmative recommendation to-theCity Council FOR NEGOTIATIONS TO to attempt to acquire this' land was made by ACQUIRE THIS PROPERTY Parks and.Recre8tion Commission at their meeting of March 27, 1957. It was stated that the owner r had expressed willingness for the'City to acquire this land under a lease purchase arrangement. City Manager: Following the referral of this matter. I contacted the. owner and he has indicated he is agreeable to negotiating something with the City if there is evidence we desire to purchase this property. Motion by Councilman Mottinger, seconded by Councilman Kay and carried that the City Manager be instructed to make negotiations, if possible, with Mr. Harbert on the acquisition of this property. SANITATION ACCEPT SEWER FACILITIES LOCATION: Eckerman and Leaf Avenues. Tract No. 22669 APPROVED Sanitation Engineer stated that the improvements have been completed in accordance with plans and specifications and would recommend approval* Motion by Councilman Mottinger, seconded by Councilman KaY and carried that Sewer Facilities in Tract No. 22669 be accepted and auttaoriz'ation be given for the release of General Causualty Company of America.Bond No. 33,8341 in the amount of -,1139900.00'for sanitary sewers. ACCEPT SEIiER FACILITIES LOCATION: Puente Avenue and Butterfield Road. Tract No. 21339 APPROVED Sanitation Engineer stated that the improvements have - been completed in accordance with plans and specl'fica- .tions end would recommend approval. Motion by Councilman Pittenger, seconded by Councilman Kay and carried that sewer facilities in Tract No. 21339 be accepted and authorization be given for the release of Gr4at American Indemnity.Company Bond No. 619319 in the amount of $3,400.00 for s'anitary'sewers. --22- C.C.: 4- 8G57 Page twenty-three RESOLUTION NO 1111 LOCATION: Puente and Leaf Avenues ACCEPT BOND Sanitary Sewers "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST Tract No. 233148 COVINA, CALIFORNIA, APPRO7 IN( BOND GUARANTEEING THE ADOPTED. COST OF CONSTRUCTION OF SANITARY SEWERS." Motion by Councilman Pittenger, seconded by Councilman Kay and carried that further reading of the resolution be waived. Motion by Councilman Pittenger, seconded by Councilman Kay that Resolution No.l 111 accepting Glens Falls Insurance Company Bond No. 72-25-26 in the amount of $3,400.00 for sanitary sewers be adopted. Motion passed on roll call as follows- .Ayes:- Councilmen Mottinger, Kay, Pittenger, Brown �. Noes: None Absent: Councilman Crumley SEWER ASSESSMENT DISTRICTS Sanitation Engineer's monthly Sewer Assessment Status Report Districts Status Report to each member of the ACCEPTED Council. Motion by Councilman Kay, seconded by Council- man Pittenger and carried that report be accepted. CITY ATTORNEY RESOLUTION NO. 1112X LOCATION: West side of. Azusa. Avenue between Rowland GRANTING UNCLASSIFIED and Puente Avenues. USE PERMIT Miniature Golf Course "A RESOLUTION OF THE CITY COUNCIL OF`THt"CITY OF ADOPTED WEST COVINA GRANTING AN UNCLASSIFIED USE PERMIT FOR A MINIATURE GOLF COURSE UPON PROPERTY LOCATED ON THE WEST SIDE OF AZUSA AVENUE BETWEEN ROWLAND AND PUENTE AVENUES." . Motion by Councilman further reading of the Kay, seconded by Councilman Pittenger and carried that body of the resolution be waived.. Motion by Councilman Kay, seconded by Councilman Pittenger that Resolution No. 13-12 be adopted. Motion passed on roll call as follows. - Ayes. Councilmen Mottinger, Kay, Pittenger, Brown Noes: None Absent: Councilman 'Crumley �3Q C.C. 4-8-57 Page twenty-four • ORDINANCE NO. 528 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SECOND READING WEST COVINA, CALIFORNIA, DISAPPROVING 14EST COVINA An Ordinance disapproving NORTHERLY ANNEXATION NO. 149." West Covina Northerly Annexation No. 149 Motion by Councilman Pittenger,, seconded by ADOPTED Councilman Kay and carried that further reading of the Ordinance-be.waived. Motion by Councilman Mottinger, seconded by Councilman Pittenger that Ordinance No. 528 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Mottinger, Kay, Pittenger, Brown • Noes: None Absent: Councilman Crumley ORDINANCE NO. 529 "AN ORDINANCE OF THE CITY COUNCIL. OF THE_CITY OF SECOND READING WEST COVINA, CALIFORNIA, ADOPTING A PRECISE PLAN Adopting -Precise FOR THE DEVELOPMENT OF CERTAIN PROPERTIES IN SAID Plan No. 97 CITY, PURSUANT TO THE PROVISIONS OF ORDINANCE NO. ADOPTED 147 OF THE CITY AND AMENDING SAID ORDINANCE NO. 147 (Granada Development Co.)." • L 0 Motion by Councilman Kay, seconded by Councilman Pittenger and carried that further reading of the Ordinance be waived. Motion by Councilman Kay, seconded by Councilman Pittenger that Ordinance No. 529 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Mottinger, Kay, Pittenger, Brown Noes: None Absent: Councilman Crumley CITY CLERK Reminder made to Council by the City Clerk in reference to invitation from the City of Lakewood to attend the -Pan-American Festival Parade and Flag Exchange Ceremony on Saturday, April 13, 1957. PETITION FOR SANITARY SEWERS Petition requesting the necessary steps be REFERRED TO CITY ENGI14EER taken to provide sanitary facilities for the FOR REPORT Mariana Drive and Suzanna Drive Sewer District. Petition contained 21 signatures representing approximately 72% of the total district. Motion by Councilman Kay, seconded by Councilman Pittenger and carried that petition for sanitary sewers be referred to the City Engineer for proper report. PETTT_TON FOR SANITARY SEWERS REFERRED TO CITY ENGINEER FOR REPORT Motion by Councilman Pittenger, petition for sanitary sewers be Petition representing area between Glendora and Azusa Avenues from Garvey Boulevard to Walnut Creek Wash requesting that necessary steps be taken -to provide sanitary facilities. 616 signatures on petition, seconded by Councilman Kay and carried that referred to the City Engineer for proper report. C.C. 4--8-57 Page twenty-five • COUNCIL COMMITTEES, REPORTS Mayor Brown: I sat with the Planning Commission at their meeting where'a.zone variance was granted to the school district for the property located at Workman and Vinrent Avenues. I would like to appeal the decision of the Planning Commission -upon motion of the Council, based upon the fact that this particular school district is putting a burden on one particular area and is saturating_- the City of West Covina with Children from outside the City. I think we should make some studies of our own. • Councilman Kay: It seems there are a great deal of children being brought into our city schools from outside of the city and taking a great deal of property from our tax rolls. Motion by Councilman Kay, seconded by Councilman Mottinger and carried that the variance in regard to the school district be reviewed by the City Council for final decision and that the date of May 13, 1957 be set for public hearing on this matter. Mayor Brown: I think that perhaps all variances granted by the Commission should be on a supplemental list on the agenda indicating what it was and what action taken. APPOINTMENT OF Mayor Brown: Members of the Council have designated PLANNING COMMISSION Douglas Launer and Ernst Adler as appointees to the MEMBERS Planning Commission. Douglas Launer Ernst Adler Motion by Councilman Kay, seconded by Councilman Mottinger and carried that the appointment of Douglas Launer and Ernst Adler as members of the Planning C6mhiSSiDn be cpnfirmed- to become effective at the next re9 ular"meeting of the Planning Commission, and with a four (4) year term to 'sun from- July 1, 1957. REPORTS -" CITY MANANGER • PETITION FOR ADEQUATE FLOOD CONTROL Containing 27 signatures of property Petition from Mr. Richard Gates owners in the vicinity of North Lark 323 No. Lark Ellen Avenue Ellen Avenue and Workman Avenue, request- ing the City of West Covina contact the -County in an effort to obtain adequate flood control. Presented at regular meeting of the City Council on March 11, 1957, and referred to City Manager for'report. Referred back to City Manager at meeting Df;.City Council on March 25, 1957 for further discussion and coopera- tion with thoseinvolved in this petition. City Managers W6 had another meeting with the property owners and it was agreed some relief was necessary in this particular area but how it was to be accomplished, we did not know, -25- C.C. 4-P-57 Page twenty -,six • City Manager - Continued: The property owners suggested landscaping the rise (in front of their homes) to form a type of diking. We felt there should be further study made upstream and down street to see where the water was coming from and work out some special -type of agreement if it was the feeling this diking could be done with a waiver of liability to the City. However, we do not want to propose anything that will create a future program for y^u. FREEWAY MAINTENANCE - We had a. meeting with assistant diz.tri ct highway engineers and -they havaagreed, or commited themselves,"to certain factors of maintenance in regard to the freeway.. This means it would include some consideration on drainage problems. • BADILLO DRAIN The City of Covina has approved in principle, and align- ments, in regard to this drain. We have thq' approval from Baldwin Park. Now the mat -ter will go before the County Board of Supervisors. PROPERTY AT WALNUT This is a possible location for park use system. We CREEK WASH AND CITRUS were able to arrange with ValenciaWater"Company for meetings and possibility of a lease covering this property at a minimum cost and we also find there is a.p6rticular equestrian group who would like to use a portion of this property. WhetheT they will require 113 or 1/2 of it we do not know. It is possible to lease this land at a reasonable rate and a portion of this can -be used for • this group which will realize a monthly paynent that -will practically underwrite the cost of the lease. There may be some general studies involved in the way of minor improvemen ts. Motion,by Councilman Kay, seconded by Councilman Motting.'er and carried that the City Manager be instructed to prepare the necessary reports and prepare the contract agreements suitable to the City and other parties and present back to the Council. ASSEMBLY BILLS There are several assembly bills pendin"F, to amend certain state laws in regard to street lighting. " I have, looked these over, with the Public forks Director City Engineer and City Attorney.and i t would appear these bills would be to our advantage. FEDERAL AID STUDIES The cities have 'been requested to co6per"ate in the state wide survey attempting to predict future road needs in the State of California, RECREATIONAL PROGRAM Last Tuesday,.the' Board of Supervisors declined to acknowledge the request of the League of California Cities not to reduce appropriations for recreational program until next year., and firmed.their original motion of this plan. • There was a meeting held with Mr. Johnson and the Assistant of the County Parks Department and we were informed they wanted to withdraw from the district. Out of this session grew a meeting with County Councils Office. C.C. 4-8-57 Page twenty seven • Whether or not we want to go on from this point I do not know. I think it is time to stop and take stock and see if it is time to create our own recreation department of Parks and Recreation. I have discussed this matter with Councilman Mottinger. Councilman Mottinger: I would like to recommend the City Manager pursue this matter. I do not think we can recommend whether to form our own recreation district"in the city, including the present three school districts, or if we should continue with so►ae type of district with an interim agreement on a year to year basis. I • think we should get information together to make.a decision on this matter, We are particularly concerned about the recreational program thathas been developed for this summer and we do not want to drop it by the wayside since the'County participation stops on July lst. We should do everything possible to see that the recreation program for the summer should continue. City Manager: If the district had continued under the present arrange- meat we would probably have adjusted'our'participation to take care of the increased population.` Under this other arrangement it may be well to consider a recreation program for our city along. This depends on the final County decision regarding the 1957 summer program. EAST SAN GABRIEL VALLEY Mr. McMicken of Glendora who was chairman of the PLANNING COMMITTEE Special Committee on Reorganization of the East San q briel Valley Planning Committee has requested that the City and Council be given copies of the proposed reorganization rules and regulations of the Committee and -to let the Committee know, through their representative in the various cities, what their feelings would be on this matter. CONSTRUCTION INDUSTRIES We appointed the law firm -of Burke, Williams and LAWSUIT Sorenson as legal counsel for the Cite in lihis matter. They had a meeting last Wednesday in the County Councils office with the Flood Control if people in regard to the engineering work for Merced --Walnut Storm Drain. There was an invoice brought up in the amount of $9137.94 which included $1565.00 for additional services such as soil test, extra plans, etc. submitted 'by Construction Industries. The matter was reviewed the those present declined to approve the invoice as submitted by Construction Industries, feeling. that the amount covered items already included in the original contract total, and should not be considered as additional work performed. Settlement was made on the basis of the invoice less`the. $1565.00 in question which was satisfactory to Construction Industries and the County Council. -27- C.C. 4-9-57 Page twenty-eight • FINANCIAL BUDGET You have received,.the monthly financial statement and REPORT budget report for March indicating the cash position is still good and anticipating another payment of property taxes by May and additional taxes from the state. RESOLUTION OF APPRECIATION The Council instructed the City Attorney to OF SERVICES RENDERED prepare resolutions expressing appreciation of Frank Towner the servicesofMr. Towner & Hr. Morgan rendered Mel Morgan to the City as members of the Planning Commission. • AUDIENCE PARTICIPATION Mrs. M. Van Dame!,suggested that new planners attend Council meetings and that members rotate, much as members of Council now do in attending Commission meetings, to attend Council meetings. DEMANDS APPROVED Motion by CouncilmanPittengerseconded by Councilm4n Kay and carried that Demands in the amount of 363.,606.14 as listed on Demand Sheets No.'B-18, C-30 and-C-319'be approved and which includes fund transfers in the amount of $279368-42., subject to the approval of the Audit Committee. • There was no further business, the meeting was adjourned at 11-30"P.M. Next Regular meeting April 22, 19,57. ROBI21T FLOTTEN ' CityClerkof the, City of West Covina 0 0 JAY D. BROWN Mayor of the City of West -Covilla