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04-14-1958 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING.OF THE CITY COUNCIL CITY.OF WEST COVINA, CALIFORNIA April 14, 1958 The meeting was called to order by Mayor Kay at 7:30 P.M.'in the West Covina City Hall. The invocation was given by Councilman Pittenger. ROLL' 'CALL Present: Mayor Kay, Councilmen Barnes, Bkown,-Pittenger Others.Present: Director.of Public Works and Acting City Manager, City Clerk, City Treasurer, City Attorney, City Engineer, Planning Commission Secretary, Park and Recreation Director, Absent: Councilman Mottinger Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that Councilman Mottinger be excused from this meeting. APPROVAL OF MINUTES March 24, 1958 The Minutes were approved as corrected as in- dicated on the Agenda in that Pbge 22 should be corrected to read.'April 14, 1958.1 March 31, 1958 The Minutes were approved as submitted. SPECIAL AWARD OF EMPLOYEE Mayor Kay. It was the feeling of our SERVICE CERTIFICATES Council and the Acting City Manager that recognition should be given to those ,employees who have served the City for five (5) years or longer. Certificates are to be presented at this time, and pins will be presented at a later date. Certificates for meritorius service were presented to the following: NAME DEPARTMENT NO, OF YEARS OF ACTUAL WORK Fern Sayers Merry Treasurer 18 Ben A. Ruegge Street 17 Percy R. Jackson-- Building 15 Thelborn J. Stanford Special Services Officer 14 -1- C.C. 4-14-58 Page two AWARDS - continued NO. OF YEARS NAME DEPARTMENT OF ACTUAL WORK Capt. Marshall Fa Henson Police 11 Sgt. Keith Martin Police 1.2 Capt. William M. Ryan Police 12 Adeline Auer Maintenance 8 Lela W. Preston Deputy City Clerk 8 Roy Co Craig Street 8 • Capt. Jo C. Gaines Fire 6 Capt. W. Guerin Fire 6 Ralph E. Hardin Fire Dep t. Consultant 6 Capt. Joseph Sein Fire 6 Capt. Ora M. Short Fire 6 Mabel I. Hoffland City Clerk's Office 6 Robert Flotten City Clerk 5 Laurence C. McMillan Engineering 5 Rawlston E..Pontow City Engineer 5 Sgt. Rudolph S. Phillips Police 5 Officer Donald 0. Rund Police 5 Fern Eileen Cronogue Police 5 Sgt. Ralph W. Laughlin Police 5 Ira J. Sha.fer Parks and Recreation 5 FINAL REPORT OF WAYS AND MEANS SUB -COMMITTEE OF CIVIC IMPROVEMENT COMMITTEE." Mr. Henry Hughes: On behalf of the Ways and Means Sub -committee of the Citizens Civic Improvement Committee • I present the final report of our committee. The report has been reviewed by our committee, and by the general Civic Improvement Committee and been approved by them. -2- C.C. 4-14-58 WAYS & MEANS - continued Page three Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the Final Report of the Ways and Means Sub -committee of Civic Improvement Committee be accepted. Mayor Kay extended the appreciation of the City Council for the work done on this matter.. PUBLIC WORKS LOCATION: Montezuma Way from Cameron Avenue to 555' + Southerly. TRACT NO. 19192 Petition requesting City participation in the installation of sanitary sewers in subject Tract. Referred to the Director of Public Works for further report by City Council at their adjourned regular meeting of April 7, 1958. The Public Works Director stated that the. City Engineer would present.the report on this matter, "Property owners of lots 3-10, Tract No. 19192 on Montezuma Way south of Cameron Avenue have by a letter and petition to your honorable body, dated April 1, 1958, requested City aid in the installation of sanitary sewers. As indicated in said letter the petitioning property owners are willing to pay for two of the four ,non -participating lots on a reimbursement basis and request the City to participate in the mainline construction for the remaining two lots. In addition they request that the construction inspection fees be waived. Based on preliminary estimates, the mainline sewer costs will be $269.00 per lot. House connection costs will be an additional $96.06, totaling'$365.00. If the City participates as requested in the amount of approximately $538.00, then each of the eight petitioning property owners must pay an additional $67.00 or a total of $432.00. The City would repay the petitioning property owners when the non -participating lots connected and paid their charges. The City funds invested would be returned in the same manner. Sometime ago your honorable body indicated your intention not to participate in these type of projects and on that basis the follow- ing recommendations are made: I. The.petitioning property owners finanibe the entire in- stallation. 2,, The City would enter into a reimbutsement agreement with .those owners to repay them for lots 1, 2, 11 and 12 as those lots connected to the sewer and paid their charges. 3.,The City could waive the construction inspection fees as has been done on similar projects in the past. -3- • C.C� 4-14-58 Page four 0 TRACT NO, 19192 - continued Motion by Councilman Pittenger to accept the recommendations of the City Engineer failed for lack of a second. Mr. R. Klema of 843 Montezuma Way stated as follows° I am the owner of Lot 6. I am a. Civil Engineer and I came to the City to request advice as to how to handle this problem and was informed the City would participate to some extent. I have prepared a complete set of engineering plans to have this done and have made a proposal on,the basis of this. We know that some City par- ticipation has been carried on in the past and we are just asking for some help, Those who are not interested in this are either selling their homes or say that they can hook into Cameron Avenue (sewer). We are not asking for money but some of the surplus that is available for such use. We are doing more than our share to help out with more than half of these people that do not want these sewers. There isn't a. home there that pays less than $650.00 in taxes a year and some are up to a $1000.00 and we feel we certa.in.l.y should have some help. We have facilities we cannot even use, such as Dishwashers and Washing Machines. I also talked to the City Engineer in regard to the possibility of a 1911. Act. Mayor Kay° I believe our City Attorney has previously ruled it is .illegal to use funds in this method, City Attorney: The thing I think you cannot do is to allocate the cost of an improvement over a certain number of lots and have the City back up the bill for certain of the lots that do not want to participate or are unable to participate and to work out some arrangement for the City to'be paid later. For the City to contribute a lump sum to aid the project is legal but the lump sum must go to the project as a whole and not be 'earmarked' for certain lots not entering into participation. Councilman Pittenger: If we make a contribution we would be putting ourselves in_a. position of having to do that in other cases and I do notthink we could go along with that. We may have a lot of people who have 85% signed for participation and then say, you dial it for one group why not do it for use I think we should do every- thing we can to help but not to start something we may not be able • to.stopa City Engineer: There is money available in the Sewer Construction Fund. -4- • C,C. 4-14-58- Page five TRACT NO. 19192 - continued Mayor Kay: City Engineer,: Mayor Kay: Councilman Brown: How much? About $10,000.00. ' Is that unencumbered money? Wasn't that money to relieve in certain instances such as this? Acting City Mgr.: The purpose of that money was for ex- tending sewer trunks or taking care of matters in the public interest of more than just local scope. We have used some of this money for such installations under the San Bernardino Freeway which would have cost the property owners much more if it was put in after construction of the Freeway. We have used it for similar requests when there has been a, large area. involved and it involved a trunk sewer. In this case you have a -few lots and the proportion of the lots not contributing upsets the program and puts this out of balance. We had our sewer ordinance revised so that in the case of a cash deal it could be carried on if somebody else would pick up the check. Here we have a local sewer problem and sewers are for the benefit of private property and tha:t is the problem. Councilman Pittenger: How'many lots won't hook up? City Engineer: There are four lots, but we would recover, actual charges. Councilman Pittenger: What if two lots go to the other sewer line? City Engineer- That would be their privilege but it would cost them more for their con- nection as the lateral is much longer and much deeper, Councilman Brown: Is this inspection for sewer or filling of Septic Tanks and are we talking about $5.00 or $20.00 a house in waiving of fees? City Engineer: I believe this only goes to the property line. • Mayor.Kay: How do we, stand on waiving those fees? City Attorney: If Ordinance permits waiver you can, but if not, you cannot, -5- 4-14-58 Page six TRACT WO.''19192 '--'cOntinUe'd' City Engineer. These fees have been waived in three other instances. Councilman Pittenger: If we could find out some way to do this without getting too involved I would like to see money advanced to take care of this proposition and also waive fees. City Attorney: Advancing money you cannot do. You can contribute to the project but when it comes to paying shares of four lots tha.t is what you cannot do, Mayor Kay: Wha.t about a $500.00 contribution from the City? City Attorney: You cannot advance credit of the City to get something done and then get it back when they hook up, Councilman Brown: When was this submitted to the.Ci ty? City Engineer: Petition was dated March 31, 1958. Mayor Kay, I think Mr. Klema, that you can understand what the ruling of the City Attorney is, and we can't go against that. Mr. Klemm: It was indicated that we couldn't use the 1911 Act because of the size of this so where do we stand? We want help and we must ask you for it and we do not want to carry it all by our- selves, so where do we go? Motion by Councilman Pittenger, seconded by Councilman Brown and carried that this matter be referred back to the City Attorney and the Acting City Manager to see if we can't get this thing worked out (to give some aid in this matter) and report to be presented at next Council meeting. SCHEDULED MATTERS BIDS - 8:00 P.M. 1911 ACT ASSESSMENT DISTRICT • A'11"56-4 BID AWARDED T-H Construction Co. Workman Avenue and Irwindale Avenue Sewer, District Et al. Bids were received as advertised at 10.00 A.M., April. 11,- 1958 -6- • C.C. 4-14-58 Page seven 11 • C1 BID 'AWARDED - continued in the office of the City Clerk and referred to the Sanitation Engineer for recommendation to the City Council at this meeting. Bids were received from the following: T-H Construction Company $52,993.68, Martin Kordick 54,023.10 O'Sha.ughnessy Construction Co. 54,068.06 Mike Ra.mljak Company 55,203.04 A.H. Famularo 56,445.19 Frank Chutuk Construction 56,8.10,70 Jerry Artukovich 57,343.46 Charles J.-.Dorfman 58,426.16 A. R. Milosevich & Son 59,560.21 L. D. & M. Construction Co. 60,286.71 L.L. Craig 61,879.93 George Dakovich .61,951�09 Izzi Construction & Quinones 64,226.18 J. & M. Grizel 67,629.23 The City Engineer recommended that the award of contract be made to the T-H Construction Company as the lowest responsible bidder in the amount of $52,993.68 and that a. Resolution be adopted awarding said contract. RESOLUTION NO. 1320 "A RESOLUTION OF -THE CITY COUNCIL OF Awarding contract to THE CITY OF WEST COVINA, CALIFORNIA, Improve Workman Avenue AWARDING CONTRACT TO IMPROVE WORKMAN and Irwindale Avenue AVENUE AND IRWINDALE AVENUE AND OTHER and other streets STREETS AND RIGHTS -OF -WAY WITHIN THE (A111-56-4) CITY, IN ACCORDANCE WITH RESOLUTION OF ADOPTED INTENTION NO. 1286." (T-H Construction Company) Mayor Kayo Hearing no objections, we will waive further reading of the body of the Resolution. -7- • C.C. 4-14-58 BIDS continued Page eight Motion by Councilman Pittenger, seconded by Councilman Barnes that Resolution.No. 1320 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger COMIDA PARK IRRIGATION SYSTEM Furnish Labor and/or materials necessary to complete an irrigation BID AWARDED system in a public park area. Jackson Supply Company (Comida. Park) . Bids were received as advertised at 10:00 A.M. on April 14, 1958 in the office of the City Clerk and referred to the Engineering Depart- ment for recommendation to the City Council at this meeting. • • • The following bids were received: Edwards Supply Company Allied Sprinkler Company Jackson Supply Company Valley -Cities Supply Co. Cert. Chk. $714.40 Exclude items 2 to 8 and 49 Bid Bond $1,400.00 10% Bid Bond Cash. Chk. $866.00 Item #1-$5,797.23 Item #2- 7,144.07 Item #1-$8,400.00 " #2- 9,500.00 #3-10,490.00 " #4-11,800.00 #5- 1,890.00 " #6- 2,220.00 Item #1-$7,172.34 it #2- 8,511.97• Item #1-$7,429.07 " #2-. 8, 656.65 Paul Argersinger Bid Bond $1,200.00 Item ##3-10,475.77 #4-11,301.86 #5- 2,000.00 #6- 2,150.00 *Item #4 - with the exception of 425 ft. of 4" galvanized pipe. J. C. Nees -Turf Supply Co. This bid, in the amount of $4,109,93, i•s.only on a portion of the material required and there was no bond attached and the envelope was not marked "Bid". City Engineer: We checked these bids with the Park and Recreation Department and reviewed various -8- • C.C. 4-14-58 BIDS continued Page nine alternates and providing that money is available we would recom- mend as follows: A) That the award be made to Jackson Supply Company on the basis of their low bid on Item No. 2 (galvanized pipe) in the amount of $8 , 51.1.97 . B) That all other bids be rejected with their bid bonds returned to the respective bidders. C) That the Park Department be a.uth6rized to proceed with the installation of the sprinkler system using Park Department labor. • D) That the Park Department be authorized to take advantage of offer to provide 5120 tin, ft. of trenching at $0.07 per foot. Acting City Manager: If Council. desires to do this we can, by administrative order, take from another project which will not be construed this year. Motion by Councilman Brown, seconded by Councilman Barnes that bird award be made to Jackson Supply Company on the basis of their low bid on Item No. 2 (galvanized pipe) in the amount of $8,511.97 plus tax, for pipe for Comida Park and that all other bid bonds be returned to the unsuccessful bidders. Motion passed on roll call as follows: • Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger Motion by Councilman Brown, seconded by Councilman Barnes that the Park Department be instructed to proceed with the installa- tion of the sprinkler system, using Park Department labor and that the Park Department be authorized to take advantage of offer to provide 5120 lin. ft. of trenching at $0.07 per foot. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes None Absent: Councilman Mottinger HEARINGS • PROTEST HEARING LOCATION: South side.of Francisquito ON ANNEXATION NO. 154 Avenue, between Azusa and Lark Ellen HEARING CONTINUED Avenues. -9- • CX. 4-1.4-58 Page ten City Clerk: Resolution No, 1306 of the City Council set hearing for this date and this was advertised in the San Gabriel Valley Tribune on April 2, 1958 and April 9, 1958. On April, 3, 1958 we sent copies of this resolution to the owners in the area.- The land value in the area. is $84,800.00 and has 78 registered voters. We have just received requests from Clyde ID Batchelder and Marjorie M. Batchelder to exclude Lots 302 and 318 from this Annex- ation and from Emanual He Burke to exclude property at 1811 No. Azusa. Avenue from this annexation. MAYOR KAY OPENED THE PROTEST HEARING, Mayor Kay: Are there any other persons in the audience • who desire to protest annexation to the City -under Annexation No. 154? There were no protests forthcoming. Mayor Kay: Under inhabited annexation proceedings I believe we have to give additional time for protests. Were those requests for exclusion sufficient to kill this annexation? City Clerk: No, they were not. City Attorney: There is a 10 day extension in which supple- mental. protests may be filed so you should continue this hearing for two weeks and authorize the City Clerk to bring in a complete summary of these and any additional protests at that time. • Mayor Kay stated there was a 10 day time limit to submit protests making a deadline of April 24, 1958. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the Protest Hearing on Annexation No, 154 be con- tinued -until the meeting of April 28, 1958 and the City Clerk be authorized to bring in a complete summary of protests received, and any additional protests, at that time, ZONE VARIANCE NO. 224 LOCATION: Southeast corner of The Cl.assis of California Cameron and Valinda. Avenues. (Reformed Church of America) HELD OVER UNTIL APRIL 28, 1958 Mayor Kay: I believe there is quite a. group here this evening who would like to know something about the committee meeting in relation to the request for a church at Valinda. and Cameron. -10- • C.C. 4-14-58 Z.V.'NO'.'224 - continued Page eleven Councilman Barnes: I think I may have misled these people who are here tonight in one respect because I may have indicated this meeting was to be two weeks from the night they were here and.they would be notified again. However, this matter does not appear on tonight's Agenda.. There was a meeting on April 5th attended by Reverend Koosman, Reverend Locher and Reverend Gunn, two members of the Planning Commission, two members of Council and the Planning Commission Secretary, In the discussion that took place at that meeting we came up with the following summary: 1) Wewouldstrive for the idea of locating churches at least one- third of a mile apart. • 2) When churches wish to come into the community they should demon- strate a community need for that church. (One way would be by survey of the neighborhood and asking questions in that area they have in mind.) 3) A committee should be selected to which new church organizations could be referred for guidance in the selection of sites. This committee should be selected by the Ministerial Association. 4) There will, be another meeting on Thursday, April. 24th, to dis- cuss this matter further because the Planning Commission Secretary was requested to present City maps and show available property for this use, so we could help the churches and keep them at the one-third mile distance. • Motion by Councilman Barnes, seconded by Councilman Brown and carried that Zone Variance No. 224 beheld over until, the meeting of April 28, 1958. ZONE CHANGE NO. 113 PRECISE PLAN NO, 121: Ferraro, Hill and Hoke DENIED LOCATION: Northeast and Northwest corners of Lark Ellen and Francis- quito Avenues, Denied R-3, R-P and C-1 Uses and Adoption of Precise Plan under Plan- ning Commission Resolutions No. 571 and 573. Decision of the Planning Commission appea"l.ed by letter from T. Kirk Hill dated February 24, 1958. Hearing held on March 24, 1958 by:the City Council with Hearing continued to this date to allow'..-idl evidence to be presented. Maps were presented by the City Engineer and the Planning Commission Secretary reviewed the pertinent part of the Planning Commission Resolutions denying this request. The Recommendations of the Planning Commission and City Engineer are written into the Minutes of the Council meeting of March 24, 1.958. _11- • ti • C.C. 4-14-58 Page twelve Z.'C'.' .'NO.' 113 - oghtinued Mayor.Kay; At this time we shall continue the hearing from the meeting of March 24, 1,888 and .allow the proponents to make their presents,-. tion. Can the proponents estimate the time for their presentation? Mr. Francis J. Garvey of 700 Orangewood Drive, Covina, and the Attorney representing the applicants stated that if Council would grant 30 minutes he believe the proponents presentation could bs made in that time. It was consensus this be done, with the same amount of time being permitted to the opponents and five minutes for rebuttal. • Mr. Garvey; This parcel of property is divided by Lark Ellen Avenue.with a"portion .to the east and west and running along Franci.squito Avenue. We are asking that the portion to the east of Lark Ellen, along Francisquito be zoned as C-1 at the corner for a distance of 150 feet and the remaining 150 feet of depth be allocated to R-P with proposed professional buildings there. We have a proposed architectural rendering of the property involved. • I direct attention to the Planning Commission decision. Emphasis was on the limited depth creating some problem of design in lot sizes and that is something that connot be over estimated. There is 130 feet of depth running from Francisquito in a northerly direction in which there would have.to be streets, certain right- of-way and it is almost unusable for residential purposes. There • are enough problems of street designs without having to go to vertical strip lots. I do not think immediate action on'this property is a critical test. If the position of the.property shows justification for need for commercial use., due consideration should be given to it whether the need is for today or four or "five months fiom now,. because it requires time and planning. We feel this property would justify a commercial return at this time which would justify a business man investing there. We have provided certain buffer zones. We have provided buffer zones to the entire eastern portion of proposed professional building. A buffer zone to the south of apartment buildings and to the west we have provided another apartment building site. We believe West Covina can stand more multiple dwellings than it has and they do have.an economic base that tends to support the City. We must take into consideration the future growth of the City and whether there are enough neighborhood shopping areas. There should be a.certain amount of reservation made for such use of land. -12- .,. C C. 4-1.4-58 Page thirteen z10 C.o. NO. 11.3 continued We have hired an independent consultant to tell, us whether such use here was right or not. I would present Mr. Simon Eisner and ask him to give you the results of the survey made by his organ- ization. Mr. -Eisner: When -we took this job we realized we might come up with adverse advic(p) as well as advice in favor to the applicants. In our studies we started from a premise that this must be justified from a planning, or in other words, land use standpoint. We used standards that have been generally accepted in the national picture of those developed by Urban Land Institute of the Realty Board and we made a rather thorough research of shopping facilities • now on the land and serving the people. We found the closest facilities were ni.ne-tenths of a mile, or about two minutes driving time from the center of this site. Other facilities ranged from 1.4 miles to the Glendora -Vine shopping area to 3.4 miles to the Eastland area. Each of these facilities, were serving people within West Covina.. We took Francisquito area, Stassils Market, the McDaniels site at Glendora, the Vine and Glendora area, the West Covina Center, the Fairgrove Center, the Plaza shopping center, includLng Shopping Bag Market, the Glendora- • Amar Center, the market,on Valley at Pass and Covina Road and again Eastlandi at Hiram's Market. If centers are a mile apart they have a tendency not to overlap area of purchasing power available to each of them, The neat thing was driving time. Normally people will. drive not in excess of six minuteE which places most of West Covina within driving range. • We noted an earlier study presented to the Commission had included much of territory close to existing markets. We did not, we analyzed what we believed was the attracting power of each of these centers. Where center was small there was less distance and where facilities were strong we came a greater distance and we included primary trading area for a. center in this location. This is not to say this is the only location for shopping center in West Covina. but we were asked what would it draw from without doing actual economic damage to other markets. If this were to be developed tomorrow it would cut into buying power in the area., but in over-all development of the area and from standpoint of convenience and facilities available to have these centers at approximately one mile would be sufficient to support them. The next element was population. Is there support in terms of numbers of people within area. We found from careful examination • of material made available and a field check as to portion now used and that which is vacant that within the area. there are 1980 families. We also found within the area there is additional potential of some additional 1500 people. This was calculated -13- C.C. 4-14-58 Page fourteen Z.C." No. 1:13 - continued on the normal standard for subdivision of property in the City. We took into consideration vacant lots when they appeared within the area. We used families instead of population in that families are related to purchasing power while the number of people are not. We used the most conservative figures that we could so that whatever we came up with it would be the minimum available. We figured at the present moment the population could support a food market of 13,000 square feet and that there is potential development of 20,000 square feet is a, reasonable assumption. We felt further that the size of the marketing area stores that would exist over - and above the market would be 24,000 square feet and in total amount there would be 44,0000 of gross floor area. Some would be used for storage and other purposes besides just sales. We asked ourselves whether this, as a site for such use, was suitable. Is this a location reasonable for a market. We have a secondary highway located on the easterly side, Francisquito, while not a major or secondary highway, is used considerably by cars moving in this area. As we go further north Francisquito • is a secondary .street but in this area. it is a. collector street for traffic rathern than secondary. .We asked the question as to whether or not this as a site would be usuable for purposes of a market:. We examined the proposed plan with revised buildings on it and found the proposed develop- ment could be planned in such a. manner on this site so as not to create an economic or personal hardship on abutting property. • I realize this is an unacceptable statement to every property owner adjacent to this but I believe if this is done well that there can be real benefits to the area and community without causing any kind of hardship, financial or personal„ There should be a specific buffer of a 6-foot masonry wall be- tween properties on the north and the shopping center. We have suggested that no building be located closer than a minimum of 60-feet from that property line and that portion of land along property line be planted withh trees and thus offer a physical buffering. That no trucking or storage be in the rear of the area. The major service area is to the side of the super -market, almost completely enclosed, It is large enough for trucks to get in and to get out. There would be a wall and separator to the west and the east would also be walled and .landscaped, and to.the south, abutting on the street facing on residential buildings there would be a • 10-foot planting strip and a three-foot wall to protect resi- dences on the opposite side of the street. To protect abutting property it is proposed by the developers that sidewalks be constructed all around these properties. -14- • C.Co 4-1 4-58 Z.C. No. 113 - continued Page fifteen The other major factor is of use on easterly side where there is a proposed medical center and suggestion was made for a Pharmacy to be located there. In order to make a transition between residential and commercial some type of use that is somewhat on the commercial. side is necessary but not necessarily the type of commercial use that would tend to bring strips of commercial. properties along.the street or highway, Professional offices, if located in these areas, make successful buffering and also make a. stopping point for any further commercial en- croachment. We believe we have hedged this in such a manner this can become an entity and a successful one if Council would agree with the proposals. We had no stake in this except as a specific charge to us to find out whether or not this would be a good site for such use and whether it; could be economically supported. Everything learned about shopping center planning can be applied to this area- You can create internal pedestrial traffic without being involved in traffic movement. I believe the area. should be landscaped to protect residential uses, that a masonry wall should be provided and that signs should be rather vigorously regimented so as not to interfere with residential, area. Signs can be attached to buildings and not go above it. The other elements of this plan is in relation to multiple dwell- ings. If these are adjacent to shopping centers it is convenient and it keeps the rental high and the vacancy factor low. • This as a planning proposal is good and can fit into the location with 13,000 square foot for market today or 20,000 square foot for the future. The spacing of this facility being nine -tenths of a mile from its closest competitor is not too small a distance and could become a real improvement in the area because of sidewalks and other things.that could be added. Mr. Garvey presented copies of studies made by Mr. Eisner's organization to members of Council. Mr, Co Powell of 1313 McWood Street, West Covina spoke in opposi- tion. I I am within the buffer zone of this request, and am representing those in the area, It is our opinion there are three main points of decision. The question is whether or not a need exists • for such additional facility in this area in the southeast West Covina area. This must be answered affirmatively or it is not necessary to consider another point. -15- C.C. 4-14-58 Page sixteen Z.G. No'. 113 - continued We would like to discuss the value of that land as commercial property and whether it is good as such a, use and whether good for the City as a, whole, We would like to state that in a case of this type the burden of proof lies with the proponents where the welfare of citizens are affected. It would be an invasion of a residential zone bringing about that type of activity which we have attempted to escape by moving out here. Those whose back- yards abutt this facility would suffer a loss of privacy they now enjoy, There was a 6-foot wall suggested but it was not told that there is a slope to the land that the six foot wall would not prevent people from looking into backyards. It wouldn't be of any use • in multiple dwellings, that would go to second story, It i's perfectly clear that a wall, no matter how tall, could not eliminate the noise and the flashing of advertising lights. Although suggestion was made of no signs above buildings their drawing shown that there is one so planned to go above building. It is,important to prove need beyond a shadow of a doubt. • We contend.this is not the best use for this property for a. shopping center, All testimony indicates this is an installation for a major market. The Precise Plan does not allow enough total ' area for parking lots alone. It has been pointed out that parking ratio is 4.3 to one which doesn't mean too much and looks like more on.the picture than in actuality. If there is that parking ratio then the shops will be so small that this would not come up to what is being proposed as a major shopping center, • We believe there will be requests for further spreading of com- mercial if this is permitted in the area, When this was first proposed one area was left out and before hearing began it was postponed because of another party wanting to go in and there is no reason to think that more will not be asked for. If we were to ask for a shopping center one block east of Sta.ssi and Humphrey's it would be turned down as unnecessary. Then we go on to Azusa Avenue, Hollenbeck and Citrus and the further we get the more need there is for shopping facilities. This is too close. If the southeast area needs it then put it far to the east of Lark Ellen Avenue where it is needed. Mr. Eisner stated Lark Ellen is a secondary highway but it happens that it is a. deadend street on its two ends. If it is a good approach street as has been stated to be used for trucks the mileage posted would have to be removed and changed. I -can't see it as a secondary as trucks coming from downtown could come off the freeway southbound but in going north.they would have to take another street to go west. It would be the same for trucks coming from the east they would have to get off at another street in order to get to Lark Ellen, but in going back they could get on the freeway at Lark Ellen to go eastbound. -16- C.C. 4-14-58 Page seventeen Z.C. NO. 113 -'continued It would be a, very fine thing to have the sidewalks as has been suggested but we would have to have them at more than just this market area. They would be needed clear to the Wash since this street is a. very heavy feeder street for children going to the various schools in the area. To have trucks travel on Lark Ellen would also place a burden of improving the street, to carry such heavy traffic loads, on the City, On Azusa, Avenue we have a street that is already or will become a,pa.rt of highway 39. -It affords ready access both coming and going for both shoppers and suppliers. It is better located in • the unserved area in the southeast section of the City. We suggest that the proposed center would be a, better asset on Azusa or Citrus or Hollenbeck or on any of those streets where it is needed. It was indicated by the Commission that there is a. master plan for the C , ity which does not include commercial at this point and so is opposed to that plan. The Commission pointed out that our • present central business districts are far from complete and it was indicated that such presently zoned areas should be developed first before extending into any more such uses in the City. We have never argued.the point; as to whether people could support this market or not or if it -would be a. profitable venture. it probably could be. • In Mr. Garvey's rebuttal at the Commission hearing he stated our objections could be summed up in a few words 'we just don't want it', but that is only half of it; and there is much incomplete factual information on * their part, The pictures tell a good part of the story but not all of it. They do not show the populated area enough and they do not show what people are going where to shop. This doesn't tell need figures it tells consumption figures. In spite of all the fine figures presented here they never did just ask us. No one has ever, been asked if we needed this, They sent a, solicitor in the area requesting signatures to favor' this zoning. He had a. head start of two weeks and obtained some 33 signatures. 'Then we got a, petition circulated and obtained 388 signatures against it. Seventy-three were in the actual buffer zone and the balance were in the area immediately surround- ing the buffer zone and all are in an area of less than a half • mile radius. There were also 12 of the 33 signatures in favor which were withdrawn and entered on the petition in opposition. 17- 0 C.C. 4-14-58 Page eighteen Z.G.' NO, 113 - continued This area, has produced many leaders in civic enterprises in the City. They have attempted to help in order to make West Covina. a. better place to live and to be'actively interested in the community. We.must consider justice in this matter and compare these people as against those people who are now just coming in and attempting to make a change here. We feel the argument of the proponents can be summed up in the words, 'we do want it and there is a need'. However, we feel the need is only on the part of thethreefamilies es and they have lived on the edge of West Covina, for many, many years and could have become part of it andpaidtaxes into the City long ago but did not. Now they see a chance for unearned increase in their property values and they want to become part of the City, This is not a need of the people in the neighborhood but only the selfish desire of three people who now want.to come in for their purposes yet have failed to support the City in the past, Mr. J. Sedler of"16757 E. Alwood, Mr. Kaupp of 1:709 Franci.squitd Avenue, Mr. Belas of 1240 South Lark Ellen Avenue, spoke in oppo'si- tion. Mr. R. Rockwell of 1247 Wilson Drive stated he wa.s.in op- position. Mr. Rockwell stated that it was his opinion that the so called 60-foot setback at the rear was not actually a buffer zone but actually a parking space and there would be traffic back and forth. Mr. Garvey indicated it was an open space for parking with a 6-foot wall. Mr. Garvey spoke in rebuttal, You have 300 feet here and if you put streets in there with 66 feet of dedicated right-of-way the 66 feet from 300 would leave 234 feet into whit-h to fit lots and to take care of 25-foot setback lines and you, would not get good residential, lots out of that. You might get 30 lots out of 1.0 acres. In answer to school children problem I believe that action of Council, and their predisessors indicates an answer to that in that they located Eastland across the street from Barranca School. If Council considered a shopping center of that size not adverse to children certainly several blocks of separa',tion of this to the closest school.could not be considered adverse. 1 am not familiar with the fact that sidewalks cannot be put on a hill but I would point out that San Francisco has accomplished this and the only deficiency of sidewalk placement here would be in areas projecting or owners not caring to go to the expense of putting sidewalks in, 0 C.C. 4-14-58 Z.C. No. 113 - continued Page nineteen Mr. Eisner: The question was raised in regard to Lark Ellen as a secondary street. It is indicated as such on the master plan as adopted. I was not authorized to make any house -to -house canvass to determine where the people wanted to spend their money but we do have * exper- ience in the field of placement of shopping centers. We had to make a research and ask ourselves the various questions that we did in order -to make basic conclusions. I do not believe this land would lend itself to residential uses. You could get some 30 or 35 lots based on the standards of the City but you would have a whole series of intersections on Francisquito if this were to happen.. There being no further testimony, the hearing was.declared closed. The Planning Commission Secretary stated that petitions as stated had been submitted to the Planning Commission and the figures in- dicated on the petitions of the proponents and opponents had been stated correctly with 12 of the 33 petitioners in favor withdrawing • their signatures and going with those in opposition. Mayor Kay: Do you feel Mr.- Eisner that this is an out- standing location as compared to other in- tersections in the near vicinity? Mr. Eisner- We were not asked to answer that question. we were asked whether a. center could be • justified on this site. Perhaps there could be better locations but this site has adequate relationship to such facilities to fill the level of a neighborhood center and could successfully function and serve the people in the area. Mayor Kay: Do you feel this commercial, development would fill the need in the southeast portion of the City or would there be further, need for such development- in the area? Mr. Eisner:A center of this kind can be supported by .between 1000 to 1500 families and if there are as many as 3000 in the area, another center of this size could fall into this area and not disturb the economics of this one. Mayor Kay: Would your recommendations include single or two story buildings? Mr. Eisner: We did not go into that but assume.a. 1 11 shop- ping facilities would be one story height. However, we were not involved in. the architectural plan. -19- C.C. 4-14-58 Z.C. N'O.'113 - continued Page twenty Councilman Pittenger: I think that Mr.. Eisner has already answered part of the question in my mind when he said there might be a more ideal site in'that section of the City. J.think we have turned down two sites, also represented by Mr. Garvey, that were much more ideal so far as people and traffic than this present site. I also think that possibly we. are taking the attitude we have to have a site in that area -as a commercial -site, but the opponents brought out the point there wasn't to be any commercial in that area. 1, too, drive to stores to shop and plan to continue and want to do so. The most important thing is that we -owe these people 'something. We have gone a1ong on the ba,si.s.of the master plan,and they bought their homes on that basis and I feel there is no justification to change our master plan in that area of the City. Councilman Barnes: How close are the large buildings to the property line in the front. Mr. Eisner; It is more than 80 or 90 feet from property line from the street and 60 feet from rear property line. Councilman Barnes: Don't'you feel that is too close to Francisquito? Mr. Eisner. It is not unusual and it is that you have a space that lends itself to parking.. Councilman Brown: This has been quite a presentation and there ­is a different Precise Plan than first submitted but it hasn't changed my opinion from three weeks ago. Mayor Kay: So far as I am concerned I think a couple of good points were brought up and if we considered an area with no commercial development it is certainly our southeasterly section. It was felt there would be need in some southeastern part of the City, however, I think that Council has brought some of this upon themselves and if there is -a feeling on the part of the Council and the Commission that there is a, need for commercial in this part of the City go back to what was said four years ago about placing some potential zoning in the southeastern area and to in- dicate where it should go after some planned study. -There has been a basic asic plan of commercial carried out throughout the City except on the southeasterly part of the City and some which had been stipulated have gone to residential areas.' I think it is incumbent upon Council to set certain standards and make it clear -20- 41 C.C. 4-14-58, Page twenty-one .it does not want commercial in the southeasterly portion or else pick a site and zone it on their own initiative in that this is the best part of the City for such use. Motion by.Councilman Pittenger, seconded by Councilman Barnes and carried that Zone Change No. 113 and Precise Plan No. 121 be denied.. Mayor Kay ca,lled'a recess, Council reconvened at 10.05 P.M. ZONE CHANGE NO..116 LOCATION.- North side of Puente Avenue, west City Initiated of Azusa Avenue. APPROVED To consider the proposal to Reclassify from Zone R-A, Potential R-P to Zone R--1 on Lots • 1 through 4, inclusive and Lots 28 through 39, within Tract No. 22768, Recommended for approval by the Planning Commission in their Resolu- tion No. 580.. The Planning Commission Secretary presented and read Resolution No. 580 of the Planning Commission recommending approval of this Zone Change No. 116. Mayor Kay opened the public hearing and stated that all those desiring to testify inthis matter would rise and be sworn in by the City Clerk. There being no testimony presented', the hearing was declared closed. • Motion by Councilman Brown, seconded by Councilman Barnes and carried that the recommendation of approval by the Planning Com- mission be accepted and that Planning Commission Resolution No. 580 be adopted. CITY ENGINEER TRACT NO, 17101 C.N. & W. Construction Co. Request to start construction of four houses prior to filing of Final. Map. APPROVED LOCATION: North of Framcisquito Avenue, east pf Sunset Avenue. I I The City Engineer recommended that the request be granted in conformance with. policy established in connection with Tract No. 19453 and 23082 as follows, 1. That Bond and Agreement be provided for street improvements for the entire tract. 2. That no occupancy permit be granted until Final Map is recorded. -21- • C.C. 4-14-58 Page twenty-two TRo NO. 17101. continued Motion by Councilman Brown, seconded by Councilman Pittenger, and carried that in accordance with the recommendation of the City Engineer the request to start construction of four houses prior to filing of Final, Map of Tract No. 17101 be approved, subject to the recommendations of the City Engineer. 0 0 0 3"Ma "TIR Metes & Bounds Subd.. LOCATION: Northeast corner No. 135-90 (see Resolution 1321) of Yarnell Street and Willow Frank H.-Ban.dy Avenue. APPROVED 0.4 Acres - 2 Lots Area District 11, The City Engineer recommended adoption of a. Resolution accepting Metes and Bounds Subdivision No. 335-90. RESOLUTION NO. 1321 "A RESOLUTION OF THE CITY COUNCIL OF Approving Final -Sub- THE CITY OF WEST COVINA APPROVING division, Map -of M & B THE FINAL SUBDIVISION MAP OF METES Subdivision No.. 135-90 AND BOUNDS SUBDIVISION NO. .1.35-90 AND ADOPTED ACCEPTING AN AGREEMENT BY THE SUB- DIVIDER AND A SURETY BOND." Mayor Kay: Hearing no objections we -will waive furt1her reading of the body of the resolution. Motion by Councilman Barnes,.seconded by Councilman Brown that Resolution No. 1-321 be adopted. Motion passed on roll call as f o 1.1 ows: Ayes. Councilmen Barnes, Brown, Pittenger,,Mayor Kay Noes: None Absent: Councilman Mottinger ACCEPT SEWER FACILITIES Spring Meadow and Lark Hill Drive Tract No. 13892 Sewer District. APPROVED. LOCATION. Spring Meadow and Lark Hill Drive. Upon recommendation of the City Engineer, motion by Councilman Brown, seconded by Councilman Barnes and carried that sewer facilities in Tract No. 13892 be accepted and that cash deposit in the amount of $981.27.be released. PETITION' FOR SEWER A!11-57-J Ardilla Avenue and Ituni Street REFERRED TO CITY ENGINEER Sewer District. The City Clerk -stated there were 87 non -validated signers in this district comprising 62% of the total district. -22- 0 0 C.Co 4-14-58 Page twenty-three A'11-57-J - continued Mr. Smith of 1310 Halinor Street stated that this area was in extreme difficulty regarding cesspool use and questioned if there was any way to hurry this and push it through as it is a very ba.d health problem. Mayor Kay indicated the various steps that would have to -be taken under the 1911 Act and that unless it would be resolved on a, cash basis, which would facilitate it much faster, it would have to go through the initial steps and take longer ever with it being done As fast as possible. Mayor Kay indicatedthatuntil the Resolution of Intention was put through it would be possible for these people to have this done more quickly on a cash basis and would give them about a, month to consider, doing so., . Motion by Councilman Pittenger, seconded by Councilman Brown and carried that this petition be referred to the City Engineer with the request that it be expedited as quickly as possible, particularly Halinor and Siesta. Streets.. PLANNING COMMISSION REQUEST FOR CONTINUANCE LOCATION. San Bernardino Freeway OF MAY COMPANY DIRECTIONAL SIGNS DENIED Mr. P. Nitri.ni, representing the May Company, Granada Realty and Eastland Businessments Association requested that the directional signs for Eastland located at Hollenbeck Street and at South Lark Ellen Avenue be.permitted to continue for an.unlimited time, Mr. Nitrini stated that it was felt these signs were still needed for the purpose of direction to people entering the area,, and that a communication had been received from Mr. Gerschler stating these signs were to be taken down April 10, 1958. Mr, W. DeMuth of the Center Merchants Association stated that 8 weeks ago A request was made -for permission to.put up equal directional signs regarding the Center. Although they were never formally notified it was,'Mr. 'Mr. Demuth's opinion that the wishes of the Council had been that the business areas be given an opportunity to post such directional signs along the freeway, outside the fence. Mr. DeMuth stated that since Council should decide whether they will permit these signs or not it would seem unfair to have the Eastland signs removed only to possibly have to put them up again if the Center is allowed such signs. Mr. DeMuth'stated that Mr. Bentley of the Plaza was in accord with these signs also. -23-' CX. 4-14-58 Page twenty-four PLANNING COMMISSION continued Councilman Brown: I think it was agreed that all business centers should have some type:of signs indicating direction and approved by State so as not to interfere with federalaid to the freeway here. Mr...DeMuth: I do not think there is any conclusion reached in regard to what constitutes a penalty in relation to signs and where State may get more if they do not put up such signs, Bef6re the groundwork is laid on defining this matter I believe the advertising billboard people will fight it. Mr. Nitrini: The signs indicated are not billboards they are purely directional signs.and are in keeping with other such type of signs and I do not believe it is the type of sign that would interfere with federal-a,id to the State, Councilman Brown: I do not know how.the federal government feels about it but question how State Highway Division feels about it. Councilman Pittenger: We haven't accepted land along the freeway and we may be out of order to have the signs there now. I think also that we are over estimating the val,TTe of that sign and the Eastland site can be seen very clearly. Mr. Nitrini; The size of the site has nothing to do with it • it is the importance of the direction and how to get to it. Councilman Barnes: The fii'st application was for January 1, 1958 and then it was extended to May at which time the action was for these to remain to May 1, 1968 or until the sign ordinance was adopted. I think it has now reached that pointandI do not think we should grant your extension without granting other like signs for the Center and the Plaza, Mr. Nitrini: I have no objection to other signs being erected, but I am here in reference to the Eastland signs. How- ever, I believe the other shopping areas are in order to ask for. directional signs. o Councilman Pittenger: I think our first responsibility is to • the City and how,it'stac'ks up with the State by doing this. If we grant this it may be accepting the service road and we know that is not right as it stands now. -24- . C.C> 4-14-58 Page twenty-five Mr. Nitrini: If it violates any State or Federal laws we do not want the signs then. Councilman Brown: I think all our centers should be allowed to have directional signs but that all should be of the same type and size perhaps. I think the Eastland sign is too large. I think it might be an imposition on someone having a sign and telling them to take it down only to turn around and tell the business centers they can put such signs up. There should be no advertising for merchants but just directional signs to indicate how to get to the business centers. Mayor Kay: I would agree. 'We permit business to come • into the City and then do not permit these signs. .I see, no harm in directional signs for any of the shopping centers and believe it would be in order. I think it is a good thing to have on our freeway and I would like a, policy established to have such adequate signs. Council could establish such a. policy and submit it to the Planning Department for approval and it be made an administrative policy. Councilman Pittenger: I think that every directional sign should be the same and that these Eastland signs should, be taken down. Motion by Councilman Brown, seconded by Councilman Barnes that this matter be held over for discussion until next Monday evening. Motion was not put to question by Mayor Kay. • Councilman Pittenger: We told Mr. Nitrini and the May Company they had a certain time to have these signs up and I think that now the signs should come down and if we can put such signs on the freeway and not jeopardize ourselves with the State then we should have the same type of sign for all.such use. Mr. Nitrini: What are you gaining to tear this.down if you are going to have directional signs.'anyway. It is serving an important use. Councilman Pittenger: I believe the size of the site is sufficient to be easily seen and there are two ways to get off the freeway to approach the site. • It was stated from the audience that a moratorium should be made. on the new sign law until some reasonable thing can be done on it and that there are certain signs that: should be permitted to remain along with the directional signs and that more thought could be put into this sign ordinance. -25- C.C. 4-14-58 Page twenty-six DIRECTIONAL SIGNS - continued Mr. DeMuthe I object to the procrastination on the part of Council, but it seems to me that 8 weeks ago Council was talking about giving us.some type of sign and considerable time has elapsed so that you present must have been able to make up your minds and now you want to delay another week. We want to put up directional signs and Mr. Nitrini desires to keep his up but you are not allowing him his request nor are you allowing us ours. Why not give us a decision? Councilman Brown: I believe we could reach a, decision by just denying any such signs at all, Councilman Brown stated that he would withdraw his second to the motion made and that it was his opinion that a, precedent had been set: but that the Eastland signs should come down, study this matter, but that the other part is already passed. However, it was the first of May or until the sign ordinance was adopted that these Eastland signs were to remain. Councilman Brown: I. didn't vote on the sign ordinance and I'm glad I didn't because I: think it is ambiguous in that we encourage persons to have businesses in the City and then we do not allow them to. advertise it. Mayor Kay: Business is permitted to come Into the City and then we. hamper it, I thank we should go ahead with directional signs for any shopping center or area to indicate the off -.ramp to get off the highway • to get to it. If it is a question of detail and sire it can be done at a. study meeting, The May Company can be required to cut down the size if necessary but I think it an injustice to all the shopping centers for this Council to encourage commercial zoning and then not permit them to have what is needed and what I feel is necessary to them. Councilman Pittenger: Mr. DeMuth's group went over this sign ordinance and approved it with some changes that tney wanted and which were made. We do not know whether or not the State is going to permit this type*of sign. Mayor. Kay: One sign is on State property already, Councilman Pittenger: Under special use. Work out a policy that is right let these direction • signs come down and give them directionalsigns if it is all right all around. -26- • C.C. 4-14-58 Page twenty-seven DIRECTIONAL S'IGNS'continued Mayor Kay: What if the signs come down and then you establish a policy to have such signs six weeks from now. Isn't that unfair? Councilman Pittenger: It would be if we thought we would go along with the size of the signs now up but I do not believe we would. We also set a date for these signs to come down and I am tired of granting these special privileges. Mayor Kay: I would like to see the other centers have these signs and I do not think it means abat- ing this use but planning these other direc- tional signs Mr. Nitrini: It is our duty to come before Council to ask .for whatever we feel is important to our business and Council should have interest regardless of how many times we come in with these considerations or requests. Acting City Mrgs: We have been to Sacramento and the Los Angeles office in the last 30 days bringing up this problem in directional signs. The number of policies you are talking about establishing are bound up in the State Highway Division. If you are speaking of directional signs at on and off ramps of the.freeway, they are still studying that subject. . Mayor Kay: I am proposing a broad policy of approving directional signs for the shopping centers, Councilman Pittenger: I would be willing to go on record in favor of it, but get signs off now if that is policy of the State. Motion by Councilman Brown, seconded by Mayor Kay that it is the intent of this Council to secure directional signs for all of the business centers and establish such a policy and grant the extension of the directional signs of the May Company until, this matter is settled. Motion tied on roll call as follows: Ayes: Councilman Brown, Mayor, Kay . Noes: Councilman Barnes, Councilman Pittenger . Absent: Councilman Mottinger Mayor Kay: Mr. Nitrini, the instructions of the previous permit required that within a certain period -27- • C. C. 4-14-58 Page twenty-eight of time the directional. signs would have to be removed would seem to have carried through and as the time limit has expired I would suggest it be conformed to as it is indi.cated'by action of Council it has not granted an extension of time. PARKS & RECREATION POLICY FOR USE OF Recommended by Recreation & Park CORTEZ RECREATION Commission for adoption by the City BUILDING Council., ADOPTED Motion by Councilman Brown, seconded by Councilman Barnes and carried that the Policy for the Use of Cortez Recreation Build- ing as submitted by the Park and Recreation Commission be adopted. FEES AND CHARGES Recommended by Park & Recreation Com- SCHEDULE FOR RECREA- mission for adoption by the City TION BUILDING Council. ADOPTED Motion by Councilman Barnes,,seconded by Councilman Pittenger and carried that the Fees and Charges Schedule for the Cortez Recrea- • tion Building as recommended by the Park and Recreation Commission, be adopted. PARK RESERVATION POLICY Recommended by -Park & Recreation Com- ADOPTED mission for adoption by Council. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the Park Reservation Policy as recommended by the Park and Recreation Commission be adopted. "RECREATION AIDE" Park '& Recreation Directorz This CLASSIFICATION money has been figures into the APPROVED budget but we do not have the classi- fication. This matter was submitted to the Personnel Officer and to the Acting City Manager for their approval, and I believe they are in accord with it. The Acting City Manager stated this matter had his s approval. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the creation of "Recreation Aide" classification be approved at.the rate of $1.00 per hour. The Park and Recreation Director stated in the way of a reminder of the adjourned meeting of the Park and Recreation Commission on Thursday at 8 P.M. in the City Hall. The P & R Director stated that a letter approved by the Park and Recreation Commission was to.be sent out to advise various groups in relation to needed equipment to be put in the park areas. -28- • C.C. 4-1.4-58 Page twenty-nine GENERAL MATTERS ORAL COMMUNICATIONS. None 0 • 0 WRITTEN COMMUNICATIONS CITY ATTORNEY SECOND READING ORDINANCE NO, 570 Rezoning certain property (Zone Change No. 114) ADOPTED The City Clerk stated that an appeal from the decision of the Planning Commission with respect to Zone Change No. 118 and Precise Plan No. 1.17 had been received fromJames L. Allen and Albert L. Snell. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST'COVINA REZONING CERTAIN -PROPERTY LOCATED ON THE NORTHWEST CORNER OF VINCENT AND GARVEY AVENUES." (Bertolini) Motion by Councilman Pittenger, -seconded by Councilman Barnes and carried that further reading of the body of the Ordinance be waived. Motion by Councilman Brown, seconded by Councilman Pittenger that Ordinance No. 570 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger ORDINANCE NO. PROVIDING FOR THE PURCHASE AND SALE OF SUPPLIES, SERVICES AND EQUIPMENT, (Introduction) HELD OVER FOR FURTHER STUDY. RESOLUTIONS RESOLUTION NO. 1.323 Accepting Dedication of Easement (Precise Plan No. 17) ADOPTED LOCATION: Workman Avenue and R/W west of Citrus Avenue, between 345 S/O and Workman Avenue, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ACCEPTING EASEMENT TO THE CITY OF WEST COVINA." (George Schofield, Dorothy Rose Schofield) Mayor Kay: Hearing no objections, we will waive further reading of the body of the resolution. ' . -29- • C.C. 4-14-58 Page thirty 0 • • CITY ATTORNEY - continued Motion by Councilman Brown, seconded by Councilman Barnes that Resolution No. 1323 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger RESOLUTION NO. 1322 The City Attorney presented and read, Creating and Establishing "A RESOLUTION OF THE CITY COUNCIL OF Industrial Development THE CITY OF WEST COVINA CREATING AND Commission ESTABLISHING INDUSTRIAL DEVELOPMENT ADOPTED COMMISSION AND PRESCRIBING ITS POWERS AND DUTIES." Motion by Councilman Pittenger, seconded by Councilman Brown that Resolution No. 1322 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger In discussion there was some question as to what purpose it would be to adopt this at this time and perhaps more information should be obtained. Mayor Kay stated he felt this should be adopted now in that there will be matters the City would be concerned with in the next few weeks and it might be well to get a start on the program even though thinking could be changed, Councilman Pittenger indicated that it would be a simple matter to rescind this Resolution so long as there are no appointments to it and it was his thinking it is more for effect at this particular point. RESOLUTION NO, SET DATE OF PROTEST HEARING ON ANNEXATION NO. 161 Location: N/E and S/W corners of Barra.nca and Cameron Avenues. HELD OVER FOR TWO WEEKS RESOLUTION NO, 1324 The City Attorney presented and read, Expressing sympathy "A RESOLUTION OF THE CITY COUNCIL OF to Vernon R. Mottinger THE CITY OF WEST COVINA EXPRESSING ADOPTED SYMPATHY TO MR. VERNON Re MOTTINGERe" Motion by Councilman Barnes, seconded by Councilman Brown and carried that Resolution No, 1324 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger -30- • C.C. 4-14-58 Page thirty-one RESOLUTION NO. 1325 The City Attorney presented and read, Appreciation for past "A RESOLUTION OF THE CITY COUNCIL OF services THE CITY OF WEST COVINA EXPRESSING ADOPTED APPRECIATION TO MR, RALPH E. HARDIN FOR HIS SERVICES AS FIRE CHIEF TO THE CITY OF WEST COVINA." Motion by Councilman Brown, seconded by Councilman Barnes that Resolution No. 1325 be adopted. Motion passed on roll, call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger RESOLUTION NO. 1326 The City Attorney presented and read, Expressing appreciation "A RESOLUTION OF THE.CITY COUNCIL OF of past services THE CITY OF WEST COVINA EXPRESSING ADOPTED APPRECIATION TO MR. HORACE R. GREELEY FOR HIS SERVICES AS DEPUTY DIRECTOR OF CIVIL DEFENSE FOR THE CITY OF WEST COVINA." Motion by Councilman Pittenger, seconded by Councilman Brown • that Resolution No. 1326 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger AMENDED REIMBURSEMENT Referred to City Engineer and City • AGREEMENT #14 PRECISE Attorney by the City Council at their PLAN #11 regular meeting of March 24, 1958. APPROVED Motion by Councilman Brown, seconded by Councilman Barnes and carried that Amended Reimbursement Agreement No, 14, Precise Plan No. 11, be approved and authorization be given for the Mayor and City Clerk to execute the agreement, City Attorney: RESOLUTION NO, 1327 • Installing of sprinkler system in Comida. Park to be done by City forces ADOPTED -31- In checking action of Council earlier, advertising for bids did include labor for installing sprinkler system in Comida. Park so a. Resolution must be adopted to have it done by the City forces "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING THAT A PROJECT FOR THE FURNISHING OF ALL LABOR FOR THE INSTALLATION OF A SPRINKLER SYSTEM IN COMIDA PARK CAN BE PERFORMED MORE ECONOMICALLY BY DAY LABOR AND ORDERING THE PROJECT DONE IN THAT MANNER." • C.C. 4-14-58 Page thirty-two Motion by Councilman Pittenger, seconded by Councilman Barnes that Resolution No. 1327 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger RESOLUTION' 1328 "A RESOLUTION OF THE CITY COUNCIL OF Amending Resolution THE CITY OF WEST COVINA AMENDING No. 1277 relating to RESOLUTION N0. 1277 RELATING TO THE Senior Bldg. Inspector POSITION OF SENIOR BUILDING INSPECTOR." ADOPTED Mayor Kay: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Pittenger that Resolution No. 1328 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger • RESOLUTION N'0. 1329 "A RESOLUTION OF THE .CITY COUNCIL OF Amending Resolution THE CITY OF WEST COVINA AMENDING No. 1.277 relating to RESOLUTION NO. 1277 RELATING TO THE position of 'Recrea- POSITION OF 'RECREATION AIDE.' tion Aide' ADOPTED • Mayor Kay: Hearing no objections, we will waive further reading of the body of the Resolution, Motion by Councilman Pittenger, seconded by Councilman Brown that Resolution No. 1329 be'adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger RESOLUTION NO. 1330 A RESOLUTION OF THE CITY' COUNCIL OF Establishing class spec. THE CITY OF WEST COVINA ESTABLISHING for 'Special Services CLASS SPECIFICATIONS FOR SPECIAL Officer and 'Recreation SERVICES OFFICER AND RECREATION AIDE,'' Aide' ADOPTED • Mayor Ka.y: Hearing no objections, we will waive further reading of the body of the Resolution -32- • C.C. 4-14-58 I* • RESOLUTION NO, 1330 - continued Page thirty-three Motion by Councilman Pittenger, seconded by Councilman Brown that Resolution No. 1330 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF Ordinance rezoning THE CITY OF WEST COVINA REZONING certain property CERTAIN PROPERTY LOCATED AT 1030 (Lot: 32 of Tract GLENDORA AVENUE." (Delaney) 14681 ) Motion by Councilman Pittenger, seconded by Councilman Brown and carried that the Ordinance be introduced. and given its first reading. PUBLIC WORKS DIRECTOR REPORTS BADILLO STORM DRAIN The Problem - Resolving a cooperative program among our neighboring com- munities and jurisdictions for both a permanent and interim solution to relieve the impossible drainage conditions of the Lower San Dimas Wash resulting from its deletion from 'The Comprehensive Plan for the Control and Conservation of Flood Water in L A 1 C t' os es oun Y. Realizing that it might be several years before a permanent • solution could be agreed upon, the City of West Covinaproposed an immediate interim solution to this problem and proposed the sum of $125,000 as its share toward this coopera.tive solution early in 1957. The City of West Covina then pointed out the responsibilities of the other agencies and asked that they do their part. Since that time the Los Angeles County Flood Control District has offered to do its portion, which they believe to be an open dirt channel from Orange Avenue easterly to Vincent Avenue if an outlet could be provided to the west and if the construction would be completed by the fall of 1958. The Los Angeles County Road Department orally agreed to permit the construction of the open channel in that portion of Badi.11o Street, a major highway, within its jurisdiction. The State Division of Highways, the County Engineer, and the U.S. Army Engineers have refused to participate in this project. The Cities of Baldwin Park and Covina have failed to answer our many formal • and informal requests and conferences on the interim proposal. They have failed to indicate any constructive suggestions or ideas or even whether they would permit the project within their bound- aries. Also, they have failed to reply to our several requests for financial participation. -33- • C.C. 4-14-58 Page thirty -four PUBLIC WORKS REPORTS - continued The Los Angeles County Flood Control District has now proposed an open channel of a, smaller size than that proposed by the City of West Covina, On Tuesday April 15, 1958, the City Engineers have agreed to meet with County Officials on this latter proposal. At the suggestion of the City Administrator of the City of Baldwin Park, I have called for a. meeting of the City Manager and two Councilmen from each City with a representative from the Super- visor's office. This meeting is to be held at 4:00 P.M., Thurs- day, April 24th in the Council Chambers of the City of Covina. I recommend that we be represented, and further, I recommend if satisfactory agreements cannot be reached at the April 24th meet- ing that the City of West Covina take immediate steps to solve this.problem by another method. I hereby request you to authorize the City Attorney and the Director of Public Works to investigate the advisability of removing the paved berm in Badillo Street westerly of Orange Avenue, permitting the runoff of - storm waters to return to their original westerly flow into the area of Baldwin Park, Councilman Barnes: Ever since I have come on the Council we have been fighting this Badillo Drain to the north of us and I do not think that the -citizens in the City can put up with it much longer. It is costing the City a great deal, of money after every storm and 4576 of this water runoff is from the County area and 4576 of it is from the City of Covina. The State is now lowering Azusa. Avenue which will cause more flood waters to come through the streets and San Dimas Wash. It is both these agencies that can force more water in the City of West Covina by making it go west and making it go south. I think there is something wrong here and that we have talked long enough. We have offered a practical. solution and nobody wants to do anything about it. We have waited for other agencies to take their responsibilities about this but we are the only ones that have been trying to do anything about this and we are not the cause of these problems as the water comes through San Dimas Wash, through Covina. and through Orange Avenue. The 'berm' at the westerly side of Orange stops it from taking its normal westerly flow that it used to do for years. Motion by Councilman Barnes, seconded by Councilman Brown and carried that the City Attorney and Director of Public Works be authorized to investigate the advisability of removing the paved 'berm' in Ba,dillo Street, westerly of Orange Avenue to allow • storm waters to return to their original westerly flow onto the area. of Baldwin Park. Mayor Kay appointed Councilman Brown and Councilman Pittenger as -34- • • C.C. 4-14-58 PUBLIC WORKS REPORTS - continued Page thirty-five representatives from the City of West Covina Council to attend the April 24th meeting as indicated in the report of the Public Works Director. A communication was received from G. T. McCoy, State Highway Engineer in relation to freeway deficiency project and the 10 point program and part of the matter is still under study. It was indicated by the Public Works Director that on April 11, another letter had been filed with the State Department of Public Works,Di.vision of Highways. The Public Works Director indicated he had not heard anything further on.participation request of Vincent.Avenue Bridge but that there had been favorable recommendation from the Road Department but nothing forthcoming from the Supervisors Office. Reminder of League of California Cities Meeting to be held at the California Country Club on April 24, 1958 at 7:15 P.M. CITY MANAGER REPORTS We have received a report of the Revised Retirement Plan from Ron Stever and Company and I believe this should take some action to refer it to the employees of the City. 0 Motion by Councilman Barnes, seconded by Councilman Brown and carried that the Revised'Retirement Plan Report of Ron Stever and Company be accepted and that it be referred to the City Employees Association for study. CAPITAL INVESTMENT REPORT Acting City Mgr.: I would recommend this report be turned over to the City Manager to implement the program for accomplishing recommendations. Motion by Councilman Brown, seconded by Councilman Barnes and carried that this report be turned over to the City Manager as recommended. RIDGE RIDERS AGREEMENT I think we should have authorization to expend funds up to and not exceeding • $1000.00 to attempt to accomplish the first stage of this program. I would like to have some authority to take three proposals to see if we can't move this structure with- in the next.three weeks. -35- C.C. 4-14-58 CITY MANAGER - continued Page thirty-six Motion by Councilman Brown, seconded by Councilman Pittenger that the City Manager be authorized to spend up to, but not exceeding $1000.00 for on site improvements for Ridge Riders lease. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger. REQUEST OF COUNCIL.FOR Motion by Councilman Brown, seconded PUBLIC HEARING ON ZONE by Councilman Barnes and carried that VARIANCE NO, 227 Zone Variance No. 227 be brought before • Council for public hearing. PLANNING DEPARTMENT Motion by Councilman Pittenger, REQUEST FOR APPROPRIATION. seconded by Councilman Barnes that OF FUNDS FOR PRIVATE a.ppropriation up to the amount of ENGINEERING SERVICES -IN $1000.00 be authorized to be used for CONJUNCTION WITH CURRENT private engineering services in con - ANNEXATION STUDIES junction with current annexation APPROVED studies, the expenditure of this money • to be subject to the approval of the City Manager, with required amount to be taken from the General Fund. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None • Absent: Councilman Mottinger DEMANDS APPROVED Motion by Councilman Barnes, seconded by Councilman Pittenger that Demands in the amount of $124,565.43 as shown on Demand Sheets D-41, C-77 through C-82 be approved, this to include fund transfer in the amount of $75,462.58. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Kay Noes: None Absent: Councilman Mottinger There being no further business, the meeting was adjourned at 12 o'clock, midnights until Tuesday,.April 15, 1958 at 7:30 P.M. • -36-