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03-23-1959 - Regular Meeting - MinutesC N MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA March 23, 1959 The meeting was called to order by Mayor Mottinger-at 7:35 P. M. in the West Covina'City Hall. The Pledge of Allegiance was led by .. Councilman Barnes with the invocation given by Councilman Pittenger. 1P?(1T.T. PAT..T. Present: Mayor Mottinger, Councilmen Heath, Brown, Pittenger, Barnes Others Present: Mr. George Aiassa,.City Manager Mr. Robert.Flotten, City Clerk Mr. Harry C. Williams, City Attorney Mr. Tom Dosh, Assistant Public Services Director Mr. Malcolm C. Gerschler, Planning Coordinator Mrs. Fern Sayers Merry, City.Treasurer APPROVAL OF MINUTES: March 9, 1959 Approved as corrected as .follows: Page 24 - Paragraph 1 should read "four feet" instead of "four inches" as shown. CITY CLERK'S REPORT TRACT NO. 17848 LOCATION: Lot No. 48 at 101 Butter - Request for Driveway Access field Road.. HELD OVER Request for driveway access to Garvey Avenue. RESOLUTION NO. Lot 48 - Tract No. 17848 Granting a permit for driveway access to Garvey Ave. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the matter of the request for driveway access and the Resolution to grant permission for same in Tract No. 17848, Lot-48, be held over, as per the request of the City Clerk, pending completion of the report on these items. C.. C. 3-23-59. Page Two TIME EXTENSION TO FILE LOCATION: East of Sunset Avenue south FINAL MAP OF TRACT NO. 17101 of Yarnell Avenue (September 24, 1959 - 6 months) APPROVED C.N.W. Construction Company Expiration date: March 24, 1959. City Engineer recommends six months extension to September 24, 1959. No previous extension has been granted. Councilman Brown stated that this was being permitted a six months extension where -normally Council has permitted a year extension in such matters and it was questioned as to whether this final map could come back for another six months time extension if it would be so desired. Mr. Williams indicated that he believed that would be correct, if it would be so desired. . Motion by Councilman Barnes, seconded by Councilman Brown and carried that the request for time extension to file a final map on Tract No. 17101 be granted for the period of six months, to September 24,1959, as per the recommendation of the City Engineer. • ACCEPT STREET IMPROVEMENTS Zone Variance No. 199 (Covina School District) APPROVED LOCATION: Pioneer School site at Rowland Avenue and Eileen Avenue. Accept street improvements and authorize payment in the amount of $1,795.71 to the Covina School District. Mr. Aiassa indicated that the original amount on this item had been $1,789.40 but there was an additional $6.32 which was the City's portion of legal advertising relative to having this work done bringing the correct total to be paid to $1,795.71. Motion by Councilman Brown, seconded by Councilman Pittenger that street improvements in Zone Variance No. 199 be accepted and.authorization be. given for payment in the amount of $1,795.91 to the Covina School District. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes. None Absent: None PROJECT NO. C­�79. LOCATION: On -Glendora Avenue and also Accept Street Improvements Spring Meadow Drive and Lark Hill Drive. (Warren Southwest, In,c.) APPROVED Accept street improvements (maintenance resurfacing) Authorize release of Federal Insurance Co. Labor, Materials and Per- formance Bond No. 9670616 in the amount of $3,451.00. Co C. 3-23-59 Page Three PROJECT NO. C-79 - continued Motion by Councilman Pittenger, seconded by Councilman Brown and carried that street improvements in Project No. C-79 be accepted and authorization be given for the release of Federal Insurance Co, Labor, Materials and Performance Bond No, 9670616 in the amount of $3,451.00. RESOLUTION NOo'1534 The City Clerk presented: Accept Bond A RESOLUTION OF THE CITY COUNCIL OF Precise P1an.Noa 136 THE CITY OF WEST COVINA APPROVING A ADOPTED BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND TIME OF COMPLETION IN PRECISE PLAN NO. 136 (West Covina Apartments Co.) LOCATION: North side of San Bernardino Road, east of Orange Avenue. Indemnity Insurance Company of North America Bond No, M-203497 in the amount of $22,600.00 for street improvements and sanitary sewers, Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Heath, seconded by Councilman Brown that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1534. RESOLUTION NO, 1535 The City Clerk presented: Accepting Corporation Grant "A RESOLUTION OF THE CITY COUNCIL OF Deed - Precise Plan No. 136 THE CITY OF WEST COVINA ACCEPTING A ADOPTED CERTAIN WRITTEN INSTRUMENT AND DIRECT- ING THE RECORDATION THEREOF (West Covina Apartment Co,) LOCATION: North side of San Bernardino Road, east of Orange Avenue, Widening of San Bernardino Road for street and highway purposes to be known as San Bernardino Road. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayer Lottinger Noes: None Absent: None Said Resolution was given No. 1535. C. C. 3-23-59 Page Four RESOLUTION NO, 1536 The City Clerk presented: Accepting Grant of Easement "A RESOLUTION OF THE CITY COUNCIL OF Precise Plan No, 136 THE CITY OF WEST COVINA ACCEPTING A .ADOPTED CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF (West Covina Apartment Co.) LOCATION: North side of.San Bernardino Road, east of Orange Avenue. For Sanitary sewer purposes. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Pittenger that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution.was given No. 1536. Is RESOLUTION NO, 1537 The City Clerk presented: Accept Bond "A RESOLUTION OF THE CITY COUNCIL OF Precise Plan No. 153 THE CITY OF WEST COVINA APPROVING A ADOPTED BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND TIME OF COMPLETION IN PRECISE PLAN NO. 153". (Union Oil Co.) LOCATION: Southwest corner of Workman Avenue and Azusa Avenue. United Pacific Insurance Company Bond No. B-38794 in the amount of $3,500.00 for street improvements. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Barnes that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1537. • C. C. 3-23-59 Page Five RESOLUTION NO. 1538 The City Clerk presented: Accepting Grant Deed "A RESOLUTION OF THE CITY COUNCIL OF Tract No. 12002 THE CITY OF WEST COVINA ACCEPTING A ADOPTED CERTAIN WRITTEN INSTRUMENT AND_ -DIRECTING THE RESOLUTION THEREOF." (Edward J. Ammer) LOCATION: Northeast corner -of Garvey Avenue and Yaleton Avenue. Street and highway purposes to be known as-Yaleton Avenue. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Barnes that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1538. RESOLUTION NO. 1539 Accepting Grant of Easement Precise Plan No. 112 ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECT- ING THE RECORDATION THEREOF". (Frank B. Bowker) LOCATION: South side of Walnut Creek Parkway, east of California Avenue. For storm drain purposes. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1539. 0 Ll ti C. C. 3-23-59 RESOLUTION NO. 1540 Accepting Grant -'of Basement Lot 7 - Tract No. 14110 ADOPTED Page Six The City Clerk.presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECT_._ ING THE RECORDATION THEREOF". (Stanley H. Peterson) LOCATION: Rio Verde Drive and Arturo Street. for storm drain purposes. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Barnes, Iseconded by Councilman Pittenger that said Resolution be adopted. Motion passed on roll call as follows:. Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1540. RESOLUTION NO. 1541 The City Clerk presented: Authorizing execution of "A RESOLUTION OF THE CITY COUNCIL OF Quit Claim Deed THE CITY OF WEST COVINA AUTHORIZING Lot 7 - Tract No. 14110 THE EXECUTION OF A QUIT CLAIM`DEED". ADOPTED (Stanley H. Peterson) LOCATION: Rio Verde.Drive and Arturo Street. Quit Claim Deed to existing easement along northeastern five (5) feet of Lot 7,.Tract No. 14110. Mayor Mottinger: Hearing no objections, we.will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman,Barnes that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent -None Said Resolution was given No. 1541. C. C. 3-23-59 Page Seven GENERAL MATTERS ORAL COMMUNICATIONS Mr. E. H. Lewis Several Months ago the City Council offered to act as final judge in rela- tion to an essay contest in the West Covina High School sponsored by the Jewish War Veterans organization. There were in excess of 1,000 entries this year, but in consideration of the time available to the Council we boiled the number down to thirty essays. We would present these thirty essays for your considera- tion and we would request there be a first, second and third place winner selected inasmuch as we have provided for these placement prizes. This can be done at the convenience of Council. Mayor Mottinger indicated that although it had been stated that the judging of these essays could be done at Council convenience he felt it was a matter that should be done as soon as possible and requested Mr. Aiassa to have his Secretary catalogue these essays in the way of dividing them among the members of Council so they could all be reading some of them at the same time. • Mr. Lewis: Within the past week I have had a little project dropped into my lap from Temple Sholom, one of the religious organizations in the City. It seems they find themselves,in a predica- ment financially and I have been asked to raise several thousand dollars for them in the next month or month and a half. I would like to request permission from the City Council to solicit merchandise from the retail merchants and manufacturers in the City of Covina and West Covina to be sold at an auction and bazaar, with the entire proceeds to go to the Temple Sholom. Motion by.Councilman Brown, seconded by Councilman Heath and carried that permission be granted the Temple Sholom to conduct a bazaar and auction to raise funds; that the permit fee be waived subject to the meeting of the requirements of the City Manager and Police Department. SCHEDULED MATTERS REMOVAL OF WEEDS This date set as the time and place for the hearing of any and all protests or objections from property owners or other interested parties by Resolution No. 1524 passed by the City Council on February 24, 1959. , .. _A Utz C, C. 3-23-59 Page Ei a�r�e} .1 g u . REMOVAL OF WEEDS - continued Mr. Flotten stated that the record should show there has been received, Affidavits of Publication of the notice of this hearing in the West, �.,"_. Covina Tribune on March 5, 1959 and March 12, 1959 and in the Daily''' Construction Sheet on March 2, 1959; and Affidavit of Posting signed by the.City Engineer. It was indicated that up to this time no oral or written protests have been received in the CityClerk°s office. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the Affidavits be accepted and filed for the record, Mayor Mottinger stated that this was the time and place for the hearing of any protests in relation to Weed Abatement in the City of West Covina and that all those desiring to present testimony should rise and be sworn in by the City Clerk. ` There were no protests forthcoming but a question was asked by, a.member of the audience as to cost and it was indicated that the chargegwould be what the City would have to pay for it and that bids received on weed removal was the next item on the Agenda. .Mr. Aiassa indicated the costs show on the bids and there would'pe a fee for administrative handling also, the figures showing the cost as"to, • bid and the administrative cost separately. There were no further comments forthcoming -and the hearing was declared closed. AWARD OF BID FOR REMOVAL Bids were opened by the City Clerk as OF WEEDS - John C. Warner advertised, checked for chertified APPROVED checks, were publicly read by Mr. Dosh, Assistant Public Services Director, and referred to the City Engineer for review and presentation to .the City Council at their regular meeting of March 23, 1959 at 8:00 P — M. There were two bids received - from John C. Warner and Carbohad Corp.,Inc. Mr, Aiassa: Written reports have been presented to members of Council and after due con- sideration it is recommended that Mr. John C. Warner should be awarded the bid. These bids were opened on March 17, 1959 and were duly advertised as per the attached sheet. Councilman Barnes questioned as to whether the proper kind of equipment would be used by'this contractor in order to do a good job, Mr. Dosh stated there are only 6 or 7 contractors who do this work on a continu- ous basis throughout the County and this contractor has done such work for the State and many cities in the surrounding area. It would be his opinion that if he wanted this work next year it would have to be properly operated.. However, it was not known what his equipment was like. • • ti C. C. 3-23-59 AWARD OF WEEDS REMOVAL BID - continued Page Nine Mr. Aiassa stated that the first pass would be examined and'then there would be knowledge available of the type of work he would do. Councilman Barnes indicated that it appeared to be necessary for a City Inspector to follow this contractor around inspecting his work and the comment in thereport was that he (contractor) would be in several different places and it would be difficult to do the inspection. Mr. Dosh stated that it was stated it could be difficult but he did not believe there would actually be any difficulty as the inspector would not have to be where the inspector was all the time provided he knew where he (contractor) was working and the kind of work he was doing. Councilman Heath: The administrative charges include wages of this inspector plus the cost of running this through the books? Mr. Aiassa: Yes. There are so many parcels involved that the cost isn't out of line. Also we must send and post notices out in the field. Last year we did the discing ourselves so there was not as much need for detailed inspection. This year the inspector will have to be out more in the field and we will keep a time card on him. Also, we have to know if the contractor is doing a good job and if not we. would have to ride him harder. Councilman Heath: In this matter of fair charges if you take $3.00, $5.00 or even go up to $6.00, I think it would be equitable since there is travel time back and forth and the inspection of the properties and this includes the time to put charges on the right property. That would use up an hour's time quite quickly. Mr. Aiassa: We could run a trial basis on one piece of property. Councilman Pittenger: If it takes an hour for a man to inspect one piece of property we should get another person. I can't see charging $6.00 as he can't just inspect one'lot, - he has to inspect others. Mayor Mottinger: I think there will be a charge on all the operation that goes into it but we do not want to be in the weed removal business and have it cost us money. Mr. Dosh indicated that a report will be given,after the first discing takes place. Councilman Barnes stated that anyone should have the right reserved to have a private company come in and do their own discing if they wish to. L� C. C. 3-23-59 Page Ten AWARD OF WEEDS REMOVAL BID - continued Councilman Brown stated there was a time schedule indicated -on this matter for. April 1 and any time after that the City forces can move in and remove the weeds. Motion by Councilman'Brown, seconded by Councilman Heath that the Street Supwintendent be ordered to abate the weeds in the City of West Covina and that he and the City Manager are to enter into a contract with Mr. John C. Warner to have this work done (and that all bids be returned to the unsuccessful bidders).. Motion passed on roll call as follows: Ayes: Councilmen Heath, Noes: None Absent: None AUTHORIZATION TO WORK WITH THE STATE RELATIVE TO STATE PROPERTY IN THE MATTER OF THE WEED ABATEMENT PROGRAM Brown, Pittenger, Barnes, Mayor Mottinger Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that the Council directs the City Manager to work with the State in the matter of Weed Abatement Program. ZONE CHANGE NO. 138 LOCATION: Easterly side of Sunset Maurice Kandel Avenue, between Mariana Street and APPROVED Crumley Street. REQUEST: Reclassification from Zone R-A to Zone R-3 and R-1 and Adoption of Precise Plan of Design. Recommended for approval by Planning Commission Resolution No. 705. (Precise Plan approved by Planning Commission Resolution No. 706). Maps were presented and the City Clerk presented and read Resolution No. 705 of the Planning Commission, approving Zone Change No. 138. Mayor Mottinger opened the public hearing. There being no testimony, the hearing was declared closed. Motion by Councilman Brown, seconded by Councilman Heath and carried that Zone Change No. 138 be approved, subject to the recommendations of the. Planning Commission and City Engineer. C. C. 3-23-59 Page Eleven TENTATIVE MAP -OF TRACT LOCATION: On the north side of NO. 24909 - Maurice Kandel Crumley Street, between Sunset Avenue APPROVED and Evanwood Avenue. 1.701 Acres - 8 Lots - Area District II Maps were presented arld the recommendations were read. Motion by Councilman Brown, seconded by Councilman Barnes and carried that Tentative Map of Tract No. 24909 be approved, subject to the recommendations of the Planning Commission and the City Engineer. ZONE VARIANCE NO. 262 LOCATION: Northeasterly corner of Lawyer Development Co. Fairgrove and Sunset Avenues. APPROVED REQUEST: Reduction of basic lot re- quirements as proposed in Tentative Map of Tract No. 16457 in Area District II,. Zone R-A. Approved by Planning Commission Resolution No. 703. Maps were presented and Planning Commission Resolution No. 70� • approving Zone Variance No. 262,was read. Mayor Mottinger opened the public hearing and stated that all those who desired to testify should rise and be sworn in by the City Clerk. Mr. Pond, engineer for this project and representing the owners of this property, stated that he had worked with the staff of the Commission and particularly with Mr. Gerschler with the idea of developing a sub- division that would be a credit to the City and that a street pattern had been worked out that would allow a good development, but to do so it was felt that it would be necessary to reduce the lot depths while maintaining the lot widths throughout the tract. Basic lot size in Area. District II is 68-feet width with 105-feet depth. The request for this variance was because this subdivision is in excess of the subdivisions already in the area and can be developed on the property. There being no further testimony, the hearing was declared closed. In discussion it was felt that due to the surrounding area being developed on three sides into lots smaller than this, in the County, there was good reason to grant this request which gives a good develop- ment and yet gives it parity with the surrounding area. Motion by`Councilman Brown, seconded by Councilman Pittenger and carried that Zone. Variance No. 262 be approved, subject to the recom- mendations of the Planning Commission and City Engineer, C. C. 3-23-59 Page Twelve TENTATIVE MAP -OF TRACT NO.16457 LOCATIONe 'Northeasterly corner of Lawyer Development Co., et al. Fairgrove and Sunset Avenues. APPROVED 33 Acres - 147 Lots - Area. District II. Maps were presented and the recommendations were read. Mr. Pond stated that dedication had been required of a 1-foot lot at' the east end of Janetdale Street but that Janetdale is already a 60-foot wide dedicated and improved street to the east of this property so that the 1-foot strip is unecessary and desired it deleted. Motion by Councilman.Brown, seconded by Councilman Pittenger and carried that Tentative Map of Tract No. 16457 be approved, subject to the recom- mendations of the"Planning Commission and City Engineer, with the stipu- lation that requirement of dedication in Fee Simple of the 1-foot strip on Janetdale Street be deleted. .ZONE VARIANCE NO. 266 LOCATION: 1818 Workman Avenue, J. Edmund Mayer between Azusa and Hollenbeck Avenues. HELD OVER Request to operate existing drug store O in Zone R-P to include retail'.sales allowed in Zone C-1. Denied by Planning Commission Resolution No. 708. Decision appealed by letter from Mr., Mayer dated March 6, 1959. Maps were presented and Planning Commission Resolution No. 708 was read. Mr. Flotten stated the record should show that proper notice of this hearing.was published on March 12, 1959 in the Nest Covina Tribune. Mayor Mottinger opened the public hearing and stated that all those desiring to present testimony should rise and be sworn in by the City Clerk. Mr. Mayer, applicant, stated that at this time this is in R-P zoning where only prescriptions from those doctors in .the medical building can be filled and this works a hardship. This is not sufficient to keep a drugstore going and at the present time the store area is empty. He would like it changed to commercial zoning where other things besides just prescriptions can be sold. It would relieve a handicap, otherwise the portion of the building must be left empty. There being no further testimony, the hearing was declared closed. Councilman Heath stated that in the Commission meeting there was a question as to.whether this should come in under a zone variance or under a zone change to C-1. C. C..3-23-59 Page Thirteen ZONE VARIANCE NO. 266 - continued Councilman Brown stated he was on Council at the time this zoning __._ was established and that rules were set up for along Azusa Avenue and this was given R-P zoning. It was also indicated this is over=built in that it is short 8 parking places forR-P zoning, and that if this is broken down all the Area around it would be entitled to C-1 instead of R-P, and would be opening the door for everyone else. Councilman Barnes questioned as to the area of Lot 282 carrying C-1. Mr. Gerschler stated that the property is R-A, potential R-P. However, Councilman Barnes stated there is a variance for a used car lot on Lot 282 and Mr. Gerschler indicated there was for one year only. Councilman Barnes indicated he could see no precedent being set in this case.before Council since there is already a variance for a used car lot directly across the street. Some discussion was held in relation to improper amount of parking stalls but Mr. Gerschler said although there appears to be a shortage of some 6 or 8 parking areas there is actually a joint use parking area and that gives the sufficient spaces. The City Attorney was asked for an interpretation in relation to Section 1702 of the Zoning Ordinance, the requirement of which the soapplicant failed to conform to and was thus denied his application for variance by the Planning Commission. The -requirements of Section 1702 are as follows, as read by Mr. Gerschler: 1. That there are exceptional or extraordinary circumstances not applicable generally to the other property or class of use in the same vicinity and zone. 2.. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 4. That the granting of such variance will not adversely affect the comprehensive general plan. Mr. Williams: There are two ways of permitting the broader use, by rezoning or variance. The variance is not to be used as a disguise for rezoning and isn't proper to be so used and if it is simply a situation that the property should be C-1 then the remedy is to make it C-1. If there are good reasons in proper land use and zoning practice why this shouldn't be Cal and as long as it isn't C-1 and kept in R-P or lower zoning, and it suffers some kind of hardship 0 O S C. C. 3-23-59 ZONE VARIANCE NO, 266 continued Mr.;• 'Williams - continued: Page Fourteen because of a peculiar situation of what is around it or the size or, shape, then raise it to economic ue by variance. This would indicate a variance of limited use, not full use in C-1, but if it is no more objectionalbe than anything in C-1 it would seem proper zoning to change it. If you do not want everything as in C-1, yet feel relief should be granted, then a variance is correct, Councilman.Heath: Councilman Pittenger: Councilman Heath: Mayor Mottinger: If you restrict it to articles per- tinent to drugstores, look what they can get in. If it is restricted to a pharmaceutical drugstore there aren't enough doctors in the area to support that type of use. Does this serve the doctors there (in the building)? It was open to the public but couldn't sell to outside trade as products were limited only basically to doctors' prescriptions. Councilman Pittenger: I..can't see that because the business: hasn't been profitable is of immediate concern. It is concern to the City but I can't see that we can be in a position to give a man different zoning that wouldn't turn out profitable business either. There are other uses in R-P zoning besides a pharmacy and if you let down that bar and grant C-1 you have many other corners along Azusa presently R-P which could bring in cases for C-1 zoning, Councilman Barnes: I do not think there is any reason not to grant C-1. in a small section of a building by variance for a limited time. Councilman Pittenger: Let's not give C-1 under variance disguise because if you grant C-1 by variance you won't take a growing business away a year from now. Councilman Brown: The variance .calls for the whole piece of property, Councilman Heath: They could serve the whole neighborhood in a pharmacy capacity now. Mr, Gerschler: No, I believe the intention of the Ordinance under R-P zoning is only for prescriptions obtained from doctors on the premises. C. C. 3-23-59 ZONE VARIANCE NO.*266 - continued Councilman Pittenger: Councilman Heath: Councilman Barnes: not C-1 in the whole area. for variance of this type? Mr, Williams: Page Fifteen That is pretty impossible,. I would be in favor of permitting sales.of all pharmaceuticals to the public but not going to C-1. I would favor a drugstore in just that portion of the building where pharmaceuticals were sold before but Can you set aside a portion of the building You can make that stipulation, Councilman Brown made a motion to deny Zone Variance No. 266 and confirm the decision of the Planning Commission, The motion failed for lack of a second, Councilman Pittenger: Is there any way possible for us to give a decision to permit the sale of pharmaceuticals to the general public,but not in the general drugstore manner as zoned in C-l? Mr, Williams: I think you could grant a variance under this application that would be more stringent than those applied to ,such use in C-1. You could indicate a drugstore in which would be sold only the pharmaceuticals, soft drinks, comic books, etc., whatever you think you would like to allow. Motion by Councilman Pittenger, seconded by Councilman Barnes and carried.that.Zone Variance No. 266 be held over for further study and discussion, C I TY CLERK'S REPORTS PLANNING COMMISSION TENTATIVE MAP OF TRACT NO. 21480 CONDITIONAL APPROVAL LOCATION: Southeasterly side of Sunset Avenue, between Farlington Street and Francisquito Avenue, SUBDIVIDER:' Donald Watt 11.24 Acres - 43 Lots - Area District II Approval recommended'by Planning Commission on March 11, 1959. Maps were presented and the recommendations were read. In discussion it was indicated the possibility of getting improvements on the 400-feet, beyond the 1300-feet., left out on the map. The City Attorney indicated that since this in effect would seem to be a lot C. C. 3-23-59 Page Sixteen TENTATIVE MAP OF TRACT NO. 21480 - continued split and a single owner and only a portion of the split lot is being used as a subdiVision this possibly could be required. Mr. Gerschler.indicated this was somewhat of a departure from usual Council procedure on such matters and suggested this matter be held for further discussion. Councilman Brown stated that this was also -a departure.from the usual format in that it is leaving out this corner, which is a bad intersection also. Councilman Pittenger made a motion that this Tentative Map be held over for further discussion as to improvements but the City Attorney indicated that unless the subdivider consents this must be acted upon within 10 days or.at next succeeding meeting. Motion by Councilman -Brown, seconded by Councilman Heath that Tentative Map of Tract No. 21480 be approved, subject to the recommendations of the Planning Commission and the City Engineer, with the stipulation that 446-feet on Sunset Boulevard to Francisquito Avenue contain all improve- ments with full curb return. Councilman Pittenger: Before the question I'd like to ask, is this a motion that can be acted upon. . Councilman Browne Once this subdivision map covered this whole piece of property and now they are revising it. Mr. Williams: I think it can. You are approving it on certain conditions and one of the conditions you always impose is that they improve an adjoining street, although not part of the subdivision. That is all you"are doing here. I think you could require this be treated as a lot split if you wanted to and that is, in effect, what you are doing. If it was all an original parcel you could treat it as part of the subdivision under the lot split. Councilman Pittenger: If it was under separate ownership? Mr. Williams: I do not think you could do it if it was under separate ownership. Mayor Mottinger: The matter would indicate he is the owner of the entire property so we must consider he owns the whole piece of. property. Mr. ,Williams: This is no different than in order to avoid expense he left a lot out and marked -it not a part of the subdivision. You could still make him improve the corner, couldn't you? Upon the question by.Mayor Mottinger, the motion of Councilman Brown and thesecond of Councilman Heath, as indicated, was carried. C. C. 3-23-59 Page Seventeen SUBDIVISIONS RENTATIVE MAP OF TRACT LOCATION: On the south side of NO. 24914 Horny Corp. Merced Avenue, between Sunset and APPROVED Evanwood Avenues. 9.4'7T Acres - 34 Lots - Area District II Maps were presented and the recommendations were read. Motion by Councilman Heath, seconded by Councilman Brown and carried that Tentative Map of Tract No. 24914 be approved, subject to the recommendations of the Planning Commission and City Engineer. TENTATIVE MAP OF TRACT LOCATION: On the north side of NO. 24923 - Warren H. Blake Service Avenue, between California (Plaza Manor) Street and Sunset Avenue, south of APPROVED Walnut Creek Wash. 4-� Acres - 15 Lots - Area District I Maps were presented and the recommendations were read. Motion by Councilman Brown, seconded by Councilman Barnes and carried that Tentative map of Tract No. 24923 be approved, subject to the recommendations of the Planning Commission and City Engineer. METES AND BOUNDS SUBDIVISION LOCATION: northeast corner of NO. 135-153 - Justin P. Keller Cortez Street and Azusa Avenue. HELD OVER UNTIL NEXT MEETING OF COUNCIL 1.3 Acres - 4 Lots - Area District II -A. Maps were presented and the recommendations were read. In discussion there was some thought of whether these lots could actually be developed as indicated and also that the figures arrived at on the map did not seem to jibe. Mr, Gerschler indicated that it was his opinion that if the applicant or his engineer.were present perhaps more information could be gained from them and he suggested that perhaps the matter be held over. Motion by Councilman Heath, seconded by Councilman Barnes and carried that Metes and Bounds Subdivision No. 135-153 be held over for further study until next meeting of Council. . 0 C. C. 3-23-59 RECREATION AND PARK PARK FACILITIES IN DEL NORTE PARK_ Sunset Pony League APPROVED (Permit) fee; and that it Inspector. PARK FACILITIES IN PALM VIEW PARK Pacific Coast Little League APPROVED Page Eighteen Motion by Councilman Brown, seconded by Councilman Heath and carried that the Sunset Pony League in Del -Norte Park shall proceed with the Park Building; that the plans be accepted; that the City shall pay the Building be subject to the approval of the Building Building (Permit) -fee;and that Building Inspector. Motion by Councilman Brown, seconded by Councilman Heath and carried that the Pacific Coast Little League in Palm View Park shall proceed with the Park Building; that the plans be accepted; that the City shall pay the it be subject to the approval of the • Motion by Councilman Brown, seconded by Councilman Heath and carried that the City Attorney be instructed to draw up a contract in relation to concessions operating in all City parks. S FIRE CIRCLE IN CORTEZ PARK Motion by Councilman Barnes, seconded APPROVED CONDITIONALLY by Councilman Heath and carried that the Fire.Circle in Cortez Park be approved, subject to the approval of the Fire Department and -Air Pollution Control Board. ACTION OF THE RECREATION & PARK COMMISSION REGARDING LITTLE LEAGUE SIGNS ON INSIDE OF BALL PARK FENCE RECOMMENDATIONS OF THE RECREATION AND PARK COMMISSION ACCEPTED The West Covina American, National and Edgewood Little League desires to put up signs for the 1959 season. Approval was recommended by the Recreation and Park Commission subject to the following: 1) Signs are not to be placed on the ball park fence prior to 30 days of the start of the 1959 baseball season. 2) The signs are to be painted out ,within two weeks after the close of the 1959 baseball season. Mr..Gingrich: The Commission is not in favor of these signs and they so stated their the investigate further the matterof opinion to the Leagues and suggested Y g getting out brochures which would show the schedules and have advertising in them. However, the C. C. 3-23-59 Page Nineteen LITTLE LEAGUE SIGNS - continued Mr. Gingrich - continued: time element was not great enough to accomplish it this year but there is some effort to get this off the ground as soon as the season is over this year and to try to eliminate the use of these advertising signs by this manner. The Commission indicated they would not go along with the approval of outfield fence signs next year. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the recommendations of the Recreation and Park Commission, regarding Little League signs on inside of ball park fence, be accepted, STREET LIGHTS ALONG CORTEZ Motion by Councilman Heath, seconded STREET ON CAMPANA FLORES DRIVE by Councilman Barnes that the require - NOT TO BE INSTALLED ments of the subdivider as to street lighting installation in Tract 21014 be installed as originally directed by the subdivision ordinance. Motion failed on roll call as follows: i Ayes: Councilmen Heath, Barnes Noes: Councilmen Brown, Pittenger, Mayor Mottinger Absent: None Motion by Councilman Pittenger, seconded by Councilman Brown that the subdivider of Tract 21014 be instructed to install all street lights except those on Cortez Street.. Motion passed on roll call as follows: Ayes: Councilmen Brown, Pittenger, Mayor Mottinger Noes: Councilmen Heath, Barnes Absent: None - WRITTEN COMMUNICATIONS Covina Valley Board of Mr. Flotten presented and read this Realtors offering support in communication zoning and community services Mayor Mottinger suggested that copies of this communication be made available to the Planning Commission so they may avail themselves of the service also. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that copies of Planning Commission and Council Minutes and Agendas be sent to the Covina Valley Board of Realtors and that a letter of thanks be written'to them for their kind offer of assistance to us in planning. 0 C. C. 3-23-59 INVITATION TO OPENING OF REGIONAL OFFICE OF COUNTY ENGINEER CITY ATTORNEY ORDINANCES r SECOND. READING ORDINANCE NO. 618 Amending certain provisions of Ordinance No. 325 relating to places where dancing is permitted ADOPTED Mayor Mottinger: Page Twenty San Dimas - April 1, 1959 at 2:00 P.M. From the Board of Supervisors. The City Attorney presented: "AN ORDINANCE OF THE CITY.COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 325 RELATING TO PLACES WHERE DANCING IS PERMITTED". Hearing no objections, we will waive further reeding of the body of the Ordinance. Motion by Councilman Barnes, seconded by Councilman Pittenger that said Ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, 1,11ayor Mottinger Noes: None Absent: None INTRODUCTION The City Attorney presented: Ordinance amending "AN ORDINANCE OF THE CITY COUNCIL OF Ordinance No. 612 THE CITY OF WEST COVINA AMENDING ORDINANCE NO. 612". (Use of Non-metallic boxes - Electrical Code Section) Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Brown, seconded by Councilman Heath and carried that said Ordinance be introduced and given its first reading. INTRODUCTION The City Attorney presented: Ordinance rezoning certain "AN ORDINANCE OF THE CITY COUNCIL OF property THE CITY OF WEST COVINA REZONING CERTAIN PROPERTY LOCATED AT 2804 EAST GARVEY AVENUE (Bowers)". Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Ordinance. 0 • 0 i C. C. 3-23-59 ORDINANCE REZONING CERTAIN PROPERTY - continued Page Twenty -One Motion by Councilman Barnes; seconded by'Councilman Brown and carried that said Ordinance be introduced and given its first reading. RESOLUTIONS RESOLUTION NO. 1542 Denying Zone Variance No. 255 ADOPTED Mayor Mottinger: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING ZONE VARIANCE NO. 255-FOR. SERVICE STATION USES". (Hathcock) Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Pittenger,seconded by Councilman Barnes that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Barnes, Mayor Mottinger Noes: Councilman Brown Absent: None Said Resolution was given No. 1542. RESOLUTION NO. 1543 The City Attorney presented: Alignment of Walnut Creek dash "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA ADOPTING AMENDMENT NO. 23, MASTER PLAN OF WASHES AND DRAINAGE COURSES". Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1543. C. C. 3-23-59 RESOLUTION NO. 1544 Setting protest hearing date of Annexation No. 164 ADOPTED Mayor Mottinger: Page Twenty -Two The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GIVING NOTICE OF THE PROPOSED ANNEXATION OF CERTAIN TERRITORY ADJACENT AND CONTIGUOUS WITH THE PRESENT CITY LIMIT OF THE CITY --OF WEST COVINA". (Northeasterly Annexation District No. 164) Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Heath that said Resolution be.adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1544. • RESOLUTION NO. 1545 Setting protest hearing date of Annexation No. 163 ADOPTED The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GIVING NOTICE OF THE PROPOSED ANNEXATION OF CERTAIN TERRITORY ADJACENT AND CONTIGUOUS WITH THE PRESENT CITY LIMIT OF THE CITY OF WEST COVINA (Southerly Annexation District No. 163) Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Heath, seconded by Councilman Barnes that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1545. • C. C. 3-23-59 Page Twenty -Three CITY MANAGER REPORTS AUTHORIZATION FOR COUNTY TO Motion by.Couhcilman Heath, seconded by PROCEED WITH AMENDING OF Councilman Barnes and carried that the EXISTING MASTER HIGHWAY PLAN City Manager be authorized to instruct - AT CITRUS STREET IN WEST COVINA the County to proceed with the amending of the existing Master Highway Plan at extension of Citrus Street in West Covina. MAINTENANCE RESURFACING BY CONTRACT Zone Variance No. 172 APPROVED West Covina School District, Orangewood School. LOCATION: Orange Avenue between Farlington and Durness Streets Estimated cost $980.00. Motion by Councilman Brown, seconded by Councilman Heath and carried that the City Manager be directed to authorize the City Engineer to proceed with the project to correct the crown grade.at the south section of the area in front of West Covina School District property known as Orangewood School. NEW GASOLINE TANK We�received three informal bids and INSTALLATION the bid was accepted as submitted by Corporation Yard. the Romac Oil Company.for $535.38. APPROVED Motion by Councilman Brown, seconded by Councilman Heath that the City Manager be instructed to proceed with -the installation of the new gasoline tank installation in the Corporation Yard (by Romac Oil Company at a cost of $535.38). Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None IMPROVEMENTS AT NORTHEAST We have a letter from the Covina CORNER OF AZUSA AND CAMERON School District in relation to the AVENUE hazardous wal..ing conditions in this CONDITIONAL APPROVAL area for children going to school. The owner will allow the City to pull some trees, to.do minimum grading, and to allow school children to walk across his property. It was indicated in discussion that a survey be made in relation to similar problems in other areas. Mr. Aiassa indicated that such a survey was now going on. • i • C..C. 3-23-59 `IMPROVEMENTS, AZUSA AND CAMERON - continued Page Twenty -Four Motion by Councilman Heath, seconded by Councilman Barnes-that'the City Manager be authorized to proceed with suggested improvements in this area, in the amount of $181.86, subject to the proper agreement with the property owner. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None CHANGE ORDER IN NEW Motion by Councilman Brown, seconded POLICE FACILITIES by Councilman Barnes that the City .APPROVED Manager be authorized to proceed with - the Change Order on new Police facili- ties as listed in the report, at a cost of approximately $1,500.00.. Motion passed on.roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None PAYMENT FOR COMPLETION OF WORK Motion by Councilman Pittenger, COVERED IN THE CONTRACT WITH seconded by Councilman Barnes, that FRY AND FRY RELATIVE TO authorization be given for the payment PROJECT C-78 of $4,479.84 to Fry. and Fry, Contractors, APPROVED for the satisfactory completion of work covered in the contract in accordance with Plans and Specifications andsuch alterations as have previously been authorized and approved. Motion passed on roll call as follows: Ayes: Councilmen Heath,Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None It was indicated in discussion that perhaps in the matter of future buildings all contingencies be placed in the report that might be needed. OUT OF STATE CONFERENCES Motion by Councilman Heath, seconded APPROVED by Councilman Brown and carried that a maximum amount of $175.00, plus .three days attendance and one day,'-s traveling,be permitted to any City employee attending conferences out- side of the State, with the approval of the City Manager, C. C. 3-23-59 'LA PUENTE CO-OP WATER COMPANY PROPOSED.AGREEMENT HELD OVER PROJECT .SS-6 Page Twenty -Five Mr. Aiassa requested this matter be tabled pending discussion with the Fire Department on March 30, 1959 - Hydrant rental. Sanitary sewer for Corporation Yard, Fire Facility Building and Police Facility Building. LOCATION: 819 S. Sunset Avenue Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the City Manager be authorized to negotiate informal.bids on Project SS-6. Mr. Aiassa indicated that in relation to improvements around Police Station and Corporation Yard there would be discussion held on March 30th when review is made of Fire Department improvements. Mr. Aiassa stated that in relation to Flood Control bond.issue plans • and specifications it had been tentatively suggested the possibility of having one of the projects undertaken by three local firms and there will be a meeting with the City Attorney to draw up the proper instru- ments. Councilman Brown stated that he believed it was to be the Merced -Vine project. Mr. Aiassa indicated that the ABC is attemtping to do something in relation to amending State law to permit just so many liquor stores, Bars, etc., in any one area, and that the City has another off sale beer license requested for 318 Glendora Avenue. The City Clerk will send Police report to ABC showing the crowded situation on Glendora Avenue. State Division of Highways has accepted development of eight lanes on the Freeway through West Covina. Mr. Aiassa suggested this matter be given to the Planning Commission relative to future development along the frontage road. City Manager read letter from Mr. L. Gillis of the State Division of Highways on this matter. Mr. Aiassa indicated he desired authorization from Council to have a meeting with Occidental Insurance Company relative to the proposed retirement plan. The meeting would be held with the City Attorney, City Manager, a member of Council and President of the Employees' Association in attendance. Council indicated favoring this idea but Mayor Mottinger suggested that Council be told just when the meeting is to be arranged so as to be certain what Councilman would definitely be able to attend. C. C. 3-23-59 Page Twenty -Six INTRODUCTION OF LEGISLATIVE BILLS AB-607 - Collective Bargaining Bill AB-8.17 -. County. Appropriations for fire protection SB-97 - Limitations - Alcoholic Beverages Issuance of licenses AB-1316 - Incorporation of cities AB-882 - Rental from property acquired for State Highway purpose AB-1358 - Professional inspectors Gasoline Tax (11� additional) - Oppose - Oppose - No definite ._._ opinion - Opposed - Favored - Opposed - Divided opinion SEWER IMPROVEMENTS IN Motion by Councilman Brown, seconded METES AND BOUNDS by Councilman Heath and carried that SUBDIVISION 135-151 instead of a bond being posted for CASH TO BE POSTED said improvements in Metes and Bounds Subdivision No. 135-151 that cash be required for the amount of the improve-. ments, plus 10% for any contingencies. TREASURER'S REPORT January, 1959 CITY CLERK Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that the Treasurer's Report for January, 1959 be accepted and filed for the record. APPLICATION FOR TEMPORARY Little John Circus on April 25, 1959 PERMIT - P.T.A. Rowland School 12:00 noon to 5;00 P. M. APPROVED Motion by Councilman Brown, seconded by Councilman Pittenger and carried that request.of the P.T.A. Rowland School be granted subject to meeting all the conditions of the various City Department heads. REQUEST FOR THREE KIDDIE Motion by Councilman Brown, seconded RIDES AT THRIFTI-MART by Councilman Pittenger and carried Business Men's Association that the request for three Kiddie Rides APPROVED at the Thrifti-Mart be approved, subject to meeting all requirements of the various City Departments. i • ti C. C. 3-23-59 Page Twenty -Seven REQUEST FOR PACIFIC COAST March 26th through 28th. SHOWS AT SUN-FRAN _ SHOPPING CENTER Motion by Councilman Brown, seconded Business Men's Association by Councilman Heath and carried that the request for Pacific Coast Shows at Sun -Fran Shopping Center be approved, subject to the meeting of all requirements of the various City Depart- ments and payment of $50.00 per day license fee. PRECISE PLAN OF DESIGN Motion.by Councilman Brown, seconded NO. 159 - F. W. Place by Councilman Pittenger and carried that Precise Plan of Design be brought up in conjunction with the public hear- ing to be held on Zone Change No. 136. FEDERAL GOVERNMENT CONFERENCE It was indicated that perhaps this was RELATIVE TO PROBLEMS OF a matter to be turned over to the YOUTH IN COMMUNITIES AND Youth Coordinating Council and could RESOLVING OF THOSE PROBLEMS be further discussed at a study meeting. Mrs. Van Dame indicated the possibility of more law enforcement officers in the City, particularly after the write-up in the newspaper relative to how bad crime is in West Covina. Mrs. Van. Dame also indicated the possibility of placing on next year's election ballot the matter of an increase in salary for members of Council. Mr. Aiassa indicated that he and Mr. Harold Johnson were meeting with the County relative to discussing the matter of the City's bridges. DEMANDS APPROVED Motion by Councilman Heath, seconded by Councilman Brown that Demands in the amount of $71,715.68, as shown on Demand Sheets C-134 and C-135 be approved. This to include fund transfers in the amount of $46,742.28. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None • C. C. 3-23-59 Special meeting on Monday, March 30, 1959 at:"7:00 P. M. Page Twenty -Eight There being no further business, motion by Councilman Pittenger," seconded by Councilman Barnes, at 12:20 A. Me, that the meeting be adjourned. APPROVED BY CITY COUNCIL Date -//, As submitted • With the following corrections: S