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01-06-1958 - Regular Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA January 6, 1958 The meeting was called to order by Mayor Kay at 8:05 P.M. in the West Covina City Hall. PnT.T: r'AT.T. Present: Mayor Kay, Councilmen Barnes, Brown, Mottinger, Pittenger Others Present: City Manager, City Clerk, Planning Comm. Secretary PROTEST HEARING ANNEXATION NO. 159 Petitioner: Ferraro, Hill and Hoke Location: North side of Francisquito Avenue, • east and west of Lark Ellen Avenue. Set for public hearing by Resolution No. 1236 of the City Council at their regular meeting of November 25, 1957. Mayor Kay: This is the time and place for hearing protests on West Covina. Annexation No. 159. 40 City Clerk: Let the records show that the following are contained in Folder of Annexation No. 159. 1) Petition for Annexation and Legal Description dated September 16, 1957. 2) A statement accepting City bonded indebtedness dated September 16, 1957. 3) A letter written to the Los Angeles County Boundary Commission, dated September 18, 1957, describing the boundaries of West Covina Annexation No. 159, and a letter received from the Los Angeles County Boundary Commission, dated October 4, 1957, approving the boundaries as to definitness and certainty of West Covina Annexa- tion No. 159. 4) A Resolution, No. 1236, giving notice of Date of Protest Hearing which was passed by the City Council of West Covina, on November.25, 1957. 5) Affidavits of Posting dated September 12 and 13, 1957. - I - u `r 11 0 0 0 C. C. 1-6-58 ANNEXATION NO. 159 - continued Page two 6) Affidavit of Contiguous territory by the City Engineer dated December 3, 1957. 7) Affidavits of publishing on December 5th and December 12th, 1957 . in the Tribune and Pasadena Star News. 8) Notice dated November 29, 1957,.to the County Board of Supervisors of this hearing and copies of letters dated December 3, 1957 to all the land owners notifying them of this meeting. 9) Affidavit of Compliance by the City Clerk dated January 6, 1958. 10) Letter from the Registrar of Voters, dated December 4, 1957, in- dicating there are two (2) registered voters.in Annexation No. 159. Mayor Kay opened the protest hearing. Mayor Kay: Are there any written protests to Annexation No. 159 from properties within the annexation area? City Clerk: There are neither oral or written protests received on Annexation No. 159 to date. Mayor Kay: This is the time and place for either property owners or their legal representatives, who desire to protest, to be heard at this time. Mr. Ernst Todd of 1314 McWood Street stated that he desired to place some questions before Council. Mayor Kay: Are you a. property owner within Annexation No. 159? Do you own property within that Annexation? Mr. Todd: No, I.am not a property owner in the Annexation that is before you. Mayor Kay: At this time we are trying to hear protests of those people who are included within this annexation. We first must make a determination as to whether there is .a majority protest, then we can hear from anyone who may desire to speak who is not within this Annexation area.. • Seeing there are no property owners or legal representatives who are within this Annexation No. 159 who desire to protest we will declare the period for protesting closed at this time. Has there been determined the assessed vlauation of this district? - 2 - Co CD 1-6-58 Page three ANNEXATION NO, 159 = continued City Clerk.: The assessed valuation records are on file in the Planning Department Office, Motion by Councilman Mottinger, seconded by Councilman Brown that it be entered into the record that Council determines there is not a, majority protest to Annexation No. 159. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kayo Noes: None 40 Absent: None Mayor Kay: Is there anyone who owns property in this Annexation No., 159 or their legal representative, who desires to be excluded from this Annexation No. 159? Hearing no such protests, we will assume there are no persons who have requested exclusion, • Motion by Councilman Pittenger,.seconded by Councilman Barnes that the record shows that there is no request for exclusion from this West Covina Annexation Noo 159. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None Mayor Kay: For the record and the benefit of Council I believe we should have testimony from those people who live around or near this property and who perhaps might desire to express their opinions as to whether it should be.in the City or not, Mr. Todd: There has been a gentleman going around on the South side of this annexation area obtaining signatures of those people on the south. As we understand it and as it has been explained .to us, this property has already been bought from the people who own it. Mayor Kay: I do not know, Mr. Todd: Also there have been plans laid out for this area and these plans were shown which would contain a gas station on the corner of Francisquito and Lark Ellen Avenues, on the northwest corner. Our property, if this is annexed, will back up to commercial and there is a. probability that it will become an R-3 zone. • Mayor Kay: We separate zoning from annexation in accordance with a recent amendment in our zoning ordinance. Any parcel is annexed with that zoning they ha.d in the County, or the closest zone that we would have to it in the City in relation to - 3 - C. C. 1-6-58 Page four ANNEXATION NO. 159 - continued Mayor Kay: (continued) the County. It would come in under that zoning which I'believe is R-1, unless a separate zoning case has been filed and zoning handled separately from the annexation. However, I believe there has been no zoning application filed with the City so if the City annexes this property as it stands it would come in as residential -agricultural or R-1, single family dwellings The zoning matter would be handled separately from annexation and decided on its own merits. Mr. Todd: Have you heard anything of the planning of a shopping areaand gas stations? Mayor Kay: I have heard these things only on a rumor basis but know of no plans other than houses. Mr. Todd: We have already seen these plans and have been asked for signatures of approval of these plans that we have been shown. Mayor Kay: Are there any representatives for the petitioners present that may wish to speak on this matter? • Mr. Francis J. Garvey, Attorney-a.t-Law, stated that he had been requested to represent the legal representative on this matter who could not attend this meeting this evening. "As the Mayor has stated the annexation plans are completely separate from those of zoning and everything would come in as R-1. However, it is the intention to file a petition within the next week or 10 days for a zone change which will show a combination of zoning of 'C' classification along some of the property and an R-3 buffer strip between the 'C' and other residential property. I do not have the maps with me and as they (maps) have just been very recently completed I am sure that Council has not been able to see them. The party going around with the petition for signatures is to permit those property owners who are within the required 300 feet of this area to join in with the proposed plans if they feel this proposal would be of benefit to them and to sign the petition if they desire to do so. If the property owners feel these plans would not be of benefit to them they have the privilege of refusing to sign the peti- tion and to state their reasons before the proper authorities of the City when the zoning matter is brought up. There is a proposal for a. gas station included in the plans, but which • corner it will be on has not been determined. There are two possible corners for gas station sites, but we do not know which one will be included in the request. Mr. Todd: Perhaps there has been some misinformation and just to gain signa.tureso One statement that was made by the petitioner was this was to be made an R-3 zone. - 4 - • Co Co 1-6-58 Page five ANNEXATION NO. 159 - continued Mr, Garvey: I believe any statements made are in regard to the possibilities that are within any proposed plan. It is a good plan to set up a buffering area and I believe these plans might contain two types of R-3 which could be of a medi- cal building type of R-3 or multiple family type of buffering between the possible commercial side of the enterprise and adjoining res- dentia.l. The,,/plan will indicate certain buffer zones, or strips, which will tend to protect residential from any adverse effects of commercial. That is what is being attempted in regard to land use. I would call to the attention of Council that in the original applica- tion there has been reserved the right of request of withdrawal any time up to the final annexation procedure. Councilman Brown: Is this in Area District II -A? Planning Comm. Seely: Under Planning Commission Resolution No. 549, which recommends approval of this Annexation No. 159, it has been suggested by the Commission that this area come in under Area. District II for that part adjacent to II in the City, and Area District II -A for,tha.t part adjacent to II -A in the City. • Both to come in as R-1 zones. Motion by. Councilman Mottinger, seconded by Councilman Barnes and carried that the City Attorney be instructed to draw up an ordinance establishing Annexation No.. 159, subject to the recommendations of the Planning Commissions CITY CLERK ADDITION TO The City Clerk presented a copy to Council of a CITY OF INDUSTRY communication regarding the latest addition to the City of Industry. This is a 210 foot strip that borders the eastern boundary of La. Puente from the City of Industry's northern border up to Amar Road. The City Clerk presented to Council a sample ballot of the coming election to be held February 4, 1958 with respect to Annexation No. 157. Planning Commission The City Clerk stated as follows: Resolution No. 555 for Zone Variance No. 199 Council has requested the Planning Depart- ment, or myself, to inform them when any variance had been passed by the Planning Commission. This has to do with a request for school variance at Rowland Avenue, between Azusa. and Leaf Avenues, The Commission now has granted this variance to the Covina School District. - 5 - r At, • Co C. 1-6-58 CITY CLERK - continued. Page six Mayor Kay: I was present at the Commission at the time of this hearing and it was stated by the school district representative that they could not file a variance earlier, even though work had started on this school, before they had actually acquired the property and the land had only been actually acquired by them just recently. However, they had received a 'right -of -entry' from the owner so they went ahead with the matter and were now asking for variance. It was indicated that Council would not find it necessary to have this variance matter come before them, CITY MANAGER - REPORTS RECREATIONAL PROGRAM Based on earlier approval to proceed in CONTRACTS regard to this matter we have two contracts APPROVED dealing with this matter of the joint recreational program with the Covina and West Covina Elementary School District. I would recommend that Council authorize they be properly executed. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the Mayor and City Clerk be authorized to sign the recreational agreements with the Covina, and West Covina. Elementary School Districts. RESOLUTION NO, 1257 The City Manager presented and read "A Accepting the proposal RESOLUTION OF THE CITY COUNCIL OF THE CITY of Charles Bo Bennett OF WEST COVINA ACCEPTING A PROPOSAL OF and L.A. Bureau of CHARLES B. BENNETT AND ASSOCIATES AND THE Municipal Research LOS ANGELES BUREAU OF MUNICIPAL RESEARCH." ADOPTED Motion by Councilman Mottinger, seconded by Councilman Barnes that Resolution No. 1257 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Mottinger, Pittenger, Mayor Kay Noes: Councilman Brown Absent: None There being no further business, the meeting was adjourned at 8:30 P.M. Next regular meeting January 13, 1958 at 7:30 PoM.