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11-23-1959 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA November 23, 1959 if The meeting was called to order by Mayor Brown at 7:35 Po M. in the West Covina City Hallo The Pledge of Allegiance was led by Councilman Pittenger with the invocation given by the Rev. Conrad.Koosman of the Christ Lutheran Church. RnT.T. r AT,T. Present.- Mayor Brown, Councilmen Heath, Pittenger, Mottinger, Barnes Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Harry Co Williams, City Attorney Mr. Tom Dosh, Public Service Director Mr. Harold Joseph, Planning Coordinator APPROVAL OF MINUTES November 9, 1959 - Approved as submitted. CITY CLERKS REPORTS PROJECT.NO, C-98 LOCATION: Walnut Haven Drive from Accept Street Improvements Garvey Avenue to Workman Avenue. Ea Ca Construction Co. APPROVED Motion by Councilman Heath, seconded by Councilman Mottinger and carried, that street improvements in Project No. C-98 be accepted and authorization be given for the release of St. Paul Fire and Marine Insurance Company Performance Bond No, 404FF5349 in the amount of $1,154.92. PROJECT NO. C-104 LOCATION: Service Avenue between Accept Street Improvements Walnut Creek Wash and Evanwood Avenue. Warren Southwest Co, APPROVED Motion by Councilman Barnes, seconded by Councilman Heath and carried, that street improvements in Project C-104 be accepted and authorization given for the release of Federal Insurance Company Contract Bond No. 8002-56-68 in the amount of $1,1591.75, PROJECT NO. C-54 LOCATION: South side of Merced Avenue Accept Street Improvements between Primeaux and Lark Ellen Avenues. W. R. Wilkinson Co. APPROVED \ Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried, that street improvements in Project No, C-54 be accepted and authorization be given for the release of The Traveler's Indemnity Company Contract Bond in the amount of $3,292.02. r Cn Co 11-23-59 TRACT NO. 16876 Accept Street Improvements Tellis Construction Co. APPROVED Page Two LOCATION- North side of Vine Avenue west of Pima Avenue. City Clerk Flottena The item of $2,575.00 relative to the street improvements on Gretta Avenue was the maximum amount to be allowed. Our estimate and check-up on the cost reflect the fact that the total expenditures would be $2,655.05 which is in excess of the maximum amount allowed. The recommendation is for payment to the Fergusons of the amount of $2,575.00 as indicatedo Motion by Councilman Pittenger, seconded by Councilman Heath, that street improvements in Tract No. 16876 be accepted, authorization be given for the release of New Hampshire Fire Insurance Company Bond in the amount of $12,750.00 and authorization given for payment of $2,575o00 to Lawrence do and Marion S. Ferguson for street improvements on Gretta Avenue, between Thackery Street and Vine Avenue, upon receipt of an itemized statement of expenditures. Motion passed on roll call as follows,. Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None RESOLUTION NO. 1699 Approving Final .Map of Tract Noa 24813 and accepting bond for street and sewer improvements ADOPTED The City Clerk presented-, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A FINAL SUBDIVISION MAP TRACT, ACCEPTING DEDICA- TION THEREIN OFFERED, ACCEPTING AN AGREE- MENT BY THE SUBDIVIDER AND SURETY BOND TO SECURE THE SAME". (Tract No. 24813) LOCATION: South of Francisquito Avenue, east of Walnut Avenue. Ohio Casualty Insurance Company Bond No. 928012 in the -amount of $19,000.00 for street and sanitary sewer improvements. Mayor Brown,. Hearing no.objections, we will waive further reading of the body of the Resolution. Motion by Councilman Mottinger, seconded by Councilman Heath, that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes,. None Absent,. None RESOLUTION NO. 1700 The City Clerk presented,. Accepting a grant deed of "A RESOLUTION OF THE CITY COUNCIL OF easement for sanitary THE CITY OF NEST COVINA ACCEPTING A sewer purposes (Ross) CERTAIN WRITTEN INSTRUMENT AND DIRECTING ADOPTED THE RECORDATION THEREOF". (Chandler Co and Mary Florence Ross) LOCATION: R/W N/0 Larkhill Drive and Springmeadow Avenue, A portion of Lot 30 in Tract No. 13892 - Metes and Bounds Subdivision 135-149. Co Co 11-23-59 RESOLUTION NO. 1701 Accepting a grant deed of eaifsement for sanitary sewer purposes (Sherman) ADOPTED r� Page Three The City Clerk presentedo "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF"% (G. A. and Margaret Ro Sherman) LOCATION° R/W N/0 Larkhill Drive and Springmeadow Avenue. A portion of Lot 33 in Tract No. 13892 - Metes and Bounds Subdivision 135-149. RESOLUTION NO. 1702 The City Clerk presented; Accepting a grant deed of "A RESOLUTION OF THE CITY COUNCIL OF easement for sanitary THE CITY OF WEST COVINA ACCEPTING A sewer purposes (Lynch) CERTAIN WRITTEN INSTRUMENT AND DIRECTING ADOPTED THE RECORDATION THEREOF", (William Eo and Gertrude Jo Lynch) LOCATION% W/W N/0 Larkhill Drive and Springmeadow Avenue. A portion of Lot 32 in Tract No. 13892 - Metes and Bounds Subdivision 135-149. RESOLUTION NO. 1703 The City Clerk presented: Accepting a grant deed of tfA RESOLUTION OF THE CITY COUNCIL OF easement for sanitary THE CITY OF WEST COVINA ACCEPTING A sewer purposes (Slough) CERTAIN WRITTEN INSTRUMENT AND DIRECTING ADOPTED THE RECORDATION THEREOF". (Jack M. and Wilma Jo Slough) LOCATION° W/W N/0 Larkhill Drive and Springmeadow Avenue. A portion of Lot 30 in Tract No. 13892 - Metes and Bounds Subdivision 135-149. Mayor Brown, Hearing no objections, we will waive further reading of the body of the Resolutions. Motion by Councilman Heath, seconded by Councilman Pittenger, that said Resolutions 1700, 1701, 1702 and 1.703 be adopted. Motion passed on roll call as follows- Ayes-, Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes-, None Absent% None RESOLUTION NO. 1704 Accepting bond to guarantee cost of sewer installation in Tract No. 1.3892 and Metes and Bounds Sub. 135-149 ADOPTED Mayor Brown-, The City Clerk presented-, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A BOND NO. 12-1805-59 FROM THE FIDELITY GUARANTY COMPANY IN THE AMOUNT OF, $3,100.00 TO GUARANTEE THE COST OF INSTALLING SANITARY SEWERS IN TRACT NO- 13892 AND METES AND BOUNDS SUBDIVI- SION NO, 135-149° Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Barnes, seconded by Councilman Mottinger that said Resolution be adopted, Motion passed on roll call as follows: Ayes-,; Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes, None Absent-, None 1f Co Co 11-23-59 DISTRICT A°11-57-6 Street Resurfacing CITY MANAGER AUTHORIZED TO ISSUE PURCHASE ORDER Page Four LOCATION° Service Avenue from 200 feet W/O Pima Avenue to Lark Ellen Avenue. Contract with Bo Jo Zarubica for resurfacing in connection with the com- pletion of sewer improvements Motion by Councilman Heath, seconded by Councilman Barnes that the City Manager be authorized to issue a Purchase Order to Bo Jo Zarubica for the resurfacing of Service Avenue in District A011-57-6,for the amount of $1,738.83. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes- None Absent: None RESOLUTION NO. 1705 The City Attorney presented: Approving map of sewer "A RESOLUTION OF THE CITY'COUNCIL OF assessment District THE CITY OF WEST COVINA APPROVING A MAP A111-57-7 OF ASSESSMENT DISTRICT FOR THE IMPROVE - ADOPTED MENT OF VINCENT AVENUE AND OTHER STREETS IN THE CITY OF WEST COVINA (A°11-57-7) Mayor Brown- Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Barnes, seconded by Councilman Mottinger 'that said Resolution be adopted. Motion passed on roll call'!as follows: Ayes- Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent- None RESOLUTION NO. 170'6 Adopting the Profile and Improvement Plan and Specifications A11.1-57-7 ADOPTED Mayor Brown - The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING THE PROFILE AND IMPROVEMENT PLAN AND SPECIFICATIONS FOR IMPROVEMENT OF VINCENT AVENUE AND OTHER STREETS IN THE CITY OF WEST COVINA", (A°11-57-7)0 Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Heath, seconded by Councilman Pittenger that said Resolution be adopted. Motion passed on roll call as follows - Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None RESOLUTION NO, 1707 The City Attorney presented- Declaring the intention "A RESOLUTION OF THE CITY COUNCIL OF THE to improve certain CITY OF WEST COVINA DECLARING ITS INTEN- streets A111-57-7 TION TO IMPROVE VINCENT AVENUE AND OTHER .ADOPTED STREETS IN THE CITY OF WEST COVINA; DE- TERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED'UPON A DISTRICT".(A°11-57-7) C. Co 11-23-59 RESOLUTION NO, 1.707 - continued By the adoption of for the setting of December 28, 1959. Mayor Brown. - Page Five this Resolution, proceedings were also initiated a date of hearing protests on this proposal for Hearing no objections, we will waive further reading of the body of the Resolution.' Motion by Councilman Heath, seconded by Councilman Pittenger that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Noes.- None Absent.- None SCHEDULED MATTERS BIDS Pittenger, Mottinger, Barnes, Mayor Brown FOUR -DOOR SEDAN FOR Bids were opened as advertised in the FIRE CHIEF office of the City Clerk at 1.0.-00 A. Ma , CONDITIONAL BID AWARDED Thursday, November 19, 1959, and re-' ferred to the Finance Director and Fire Chief for review and recommendation, An Affidavit of Publication has been received from the West Covina Tribune of publication of notice inviting bids in the West Covina Tribune of November 5, 1959. CLIPPINGER CHEVROLET Price $2,217.64 (Biscayne) Tax 88.71 2, 30 67. U-5 Trade In 400.00 $1,906.35 EL MONTE MOTOR CO, (Ford) Price $29279.04 (Fairlane) Tax 91.16 2,3 Trade In 350.00 $2,020.20 In the report of the Director of Finance -it was indicated as follows: El Monte Ford stipulates a maximum delivery date of 30 days. Clippinger Chevrolet stipulates delivery to be made after resumption of factory production. We recommend that.the bid be conditionally awarded to Clippinger Chevrolet, with the requirement that delivery be made within 30 days or the bid bond will be forfeited. If they do not accept the award under this condition, then we 'recommend the bid be awarded to the E1 Monte Motor Company. Motion by Councilman Mottinger, seconded by Councilman Barnes that the recommendation of the Director of Finance be accepted which reads that the bid be conditionally awarded to Clippinger Chevrolet in the amount of $1,906.35, with the requirement that delivery be made within 30 days or the bid bond will be forfeited, and if the bid is not accepted under this condition the bid shall then be awarded to the E1 Monte Motor Company in the amount of $2,020.20. 0 Co Co 11-23-59 Page Six BIDS FOR SEDAN FOR FIRE CHIEF - continued Councilman Heath-. I would like to ask a question before a roll call is taken on this matter. Is it so urgent that we have this car within 30 days that it would prove necessary to spend another $114,00? City Manager Aiassa: The only thing that would cause a delay would be the red paint job and we didn't want the matter.delayed any longer than necessary. Councilman Heath: But it says in the report that Clippinger stipulates delivery to be made after resumption of factory production. We can wait another 60 days and save $100.00. I do not think that we necessarily need this within 30 days. Councilman Pittenger: You can wait 60 days but you'll get less on your turn in. The bid isn't good indefinitely. Cars might be more plenti- ful later and price may go down but so will the trade-in price. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None HEARINGS SANITARY SEWER DISTRICT Hearing of protests or objections to the A111-58-1 confirmation of assessments to cover the installation of sanitary sewers in the Hollenbeck Street and Vine Avenue Sewer District. Set for hearing this date in the "Notice of Filing Assessment and Diagram" dated October 30, 1959. Mayor Brown: Mr. City Clerk, do you have the affidavits of Publication, Posting and Mailing relative to this hearing? City Clerk Flotten: I have the affidavits. Motion by Councilman Barnes, seconded by Councilman Pittenger and carried that the Affidavits of Publication, Posting and Mailing be received and filed for the records. Mayor Brown: Mr. City Clerk, have you received any written protests or objections against the assessment, the improvement as constructed, or the proceedings? City Clerk Flotten; There have been no such protests received. Mayor Brown: Is there anyone in the audience who desires to register a protest on this matter? There were no protests forthcoming from the audience. Motion by Councilman Mottinger, seconded by Councilman Heath and carried, that the hearing of protests or objections on District A°11-58-1 be closed. Ca C, 11-23-59 RESOLUTION NO. 1708 Confirming assessment of District A111-58-1 ADOPTED Page Seven The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONFIRMING THE ASSESSMENT FOR THE IMPROVEMENT OF LAYTON WAY AND OTHER STREETS" (A®11-58-1) Motion by Councilman Heath, seconded by Councilman Pittenger that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: Nora Absent: None ZONE VARIANCE NO. 293 LOCATION° North side of Workman Avenue Wright Oldsmobile Co. between Citrus and Calvados Streets, APPROVED Request to permit double-faced, 120 sq. ft. detached identifying sign, as per drawings submitted, in Zone C-2o Denied by Planning Commission under Resolution No. 817. Appeal filed by applicant on November 6, 1959. Maps were presented and the City Clerk presented and read the letter of appeal from the applicant and the Resolution of the Planning Commission. City Clerk Flotten: Let the record show that there is on file an affidavit of the publication of notice of this hearing as published in the West Covina Tribune November 12, 1959. �i Mayor Brown opened the public hearing and stated that all those desiring to present testimony should rise and be sworn in by the City Clerk. IN FAVOR Mrs. Eleanor Bo Samuels of 110 Shoppers Lane, Covina., At the time thj�94 � Council made it possible for us to bring this fine automobile in ere, there were certain conditions that had to be met to make it feasible and practical for them to try to do business here, and one was the matter of proper and adequate signs within the Sign Ordinance of the City. For that reason a free standing, or detached, sign was shown on the Precise Plan which was approved by the Planning Commission at that time. Apparently the draftsman who did this work placed the sign on the west side instead of on the east side, where it was always intended to be, and the architect's sketch showed it. It is better on the east side as it is further from the homes that are on the west side of this property and it also makes a better balance in relation to the whole thing. It wasn't brought out clearly at the Planning Commission meeting and there is already approval on the Precise Plan of a detached sign, which wasn't given proper consideration. The sign itself conforms to the sign ordinance and it is simply a matter of the request to place it on the east side of the driveway instead of on the west side, I think you will grant this as being reasonable and in conformance with the intent in every way with the Precise Plan, which showed a detached sign, Mr. E. Breismeister, speaking for the applicant: There were a few things indicated at the Planning Commission, one of which was that we could put the sign on the roof without any further request and it would be in conformance with the code. However, to do this we feel it would be more of a nuisance to the surrounding homes than where it is proposed. The drawback was that putting it on the Co Co 11-23-59 Page Eight ZONE VARIANCE NOo.283 - continued Mr. E. Breismeister - continued. - southeast corner of property blocked the views Both buildings are set back considerably from the street. This sign is also entirely interior lighted and 37 feet in height, which is much lower than if it were to be placed on the roof. I would also bring up at this time a matter which was inadvertently left off at the Planning Commission hearing which is in regard to a set of letters to be placed on the building to be 30 feet in length. We would like the length to be 40 feet on that. The total area of the letters is 124 feet or less. IN OPPOSITION Mr. K. Stallmann of_ 18241 E. Workman Avenue, Covina: I live on the corner and see the Firestone sign. All the people around there see that sign and this sign would not help the area any. We have a lot of signs in the area now, IN REBUTTAL Mrs. Samuels: At the time of the hearing before the Planning Commission there was no oppo- sition to this. To place it on the east side of the driveway, adjacent'to the sidewalk, is an area in which it would be the furthest from any houses that might be affected. This is an actual improvement from their standpoint. There being no further testimony, the hearing was declared closed. Councilman Mottinger: It was stated to the effect that this sign does conform to the Sign Ordinance, Public Service Director Dosh: As presented it would conform, if it was an attached signs Councilman Mottinger: There was the matter of another sign but I do not believe there is anything else we could consider except the application at this time, Public Service Director Dosh:.. The other sign mentioned is.a sign of letters indicating "Oldsmobile" across the building. The request is not in conformance With what he is allowed in square feet and I believe would also require a request for variance. Councilman Mottinger: Councilman Pittenger: I do not believe we could.act on that as it has evidently not gone through the proper variance procedure on that particular request. I notice this extends 5 feet over the sidewalk, Public Service Director Dosh: The sign attached to the building aspect is all right, the overhang over the right of way is all right, but the only thing here is.the detached sign and that is the basis of the variance request. It is not within the Sign Ordinance. Co Co 11-23-59 Page Nine ZONE VARIANCE NO. 283 - continued Councilman Mottingero The Planning Commission Resolution pointed out one item which we considered at the time of approving the Precise Plan which was in regard to any glare or lighting of neighboring resi- dences. It would seem it has been confirmed that it is an interior lighted sign and there will be no glare from it, and so on that basis I would be in favor of granting it. Councilman Heath: It would seem that it is only a matter of moving it from one side to the other; they have permission to have this sign so I would see no objection. I would like to make a remark concerning the glare on adjacent property in that at the time the motion was made to prohibit this I couldn't see how it might be done, but the motion was "no light from this establishment onto the adjacent houses". I still do not see exactly how that can be achieved but evidently the contractor and the developer are in agreement with this and are going along that line to cut glare on the lighting. Mayor Brown. I would go along with the sign being detached. If it were attached there would be more light on the residences than if it were moved out as indicated, and they would be permitted to have a sign if attached to the building. Councilman Barnes: I would question the height of 37 feet, Don't we have a limit of 35 feet? Public Service Director Dosh: I believe it is 45 feet, Mayor Brown: It would be the same as building height in a C-2 area. Councilman Mottingero I do not believe it is necessary to send this back to the Planning Commission, Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried, that Zone Variance No. 293 be approved and that the design cover only the applicant's design No. 5077 which is the one being considered. PRECISE PLAN AND RECLASSI- LOCATION.- Southeast corner of Pacific FICATION NO. 192 (1405) Avenue and Pacific Lane Walter L. Schroeter (2011 Pacific Avenue) HELD OVER Request to reclassify from Zone R-A, Potential C-1 to -Zone C-1 and adopted Precise Plan of Design. Recommended for approval by the Planning Commission under their Resolutions Nos. 815 and 816. Maps were resented b the City Clerk who re onted and read the P P Y Y P� Resolutions of the Planning Commission relative. 'to this matter, Mayor Brown opened the public hearing and stated that all those desiring to present testimony should rise and be sworn in by the City Clerk. Co Co 11-23-59 Page Ten PRECISE PLAN NO, 192 (1405) continued IN FAVOR Walter L. Schroeter, applicant, of 2931 E. Mesa Drive, West Covina: Before I purchased the property I checked with the Planning Department to see just what "Potential C-1" meant and whether I would be permitted to put up this type of building. I was told that provided I had a reasonable building and plane it would be reasonable to expect the C-1 would be permitted to go through. As for the remainder, I think the Resolution covers the ground pretty well insofar as I am concerne&.. IN OPPOSITION Mr. Harry Lauder of 245 Morris Avenue, West Covina: In general the residents of this area feel this type of venture is an invasion of a residential area. We do not feel there is a need here for this use. I do not think it has been brought out just what this is going to be, but it is our understanding it is to be a liquor store and neighborhood grocery. We feel the Planning Commission has set a precedent in not providing this residential area with a buffer zone. Across the street .is 7 acres zoned C-1 and with which we have bo quarrel, but we feel a buffer zone is needed to separate the C-1 and residential area. Insofar as need goes, there is a liquor store on the service area not far from this location. We further feel there are adequate and planned areas in the City for ventures such as this sort. This will increase the traffic on the street during late hours and we have a great deal of traffic on Morris now —in summer a lot of traffic and in winter a lot of water. We do not feel that because Mr. Schroeter went to the Planning Depart- ment and said "what can I do" and they advised him is any reason of defenses We do not feel they should assume the responsibility for a person purchasing property before zoning is secure. At the hearings of the Commission I believe the City Attorney advised that it was not necessary to zone this C-1 just because of the potential,. As I understand it they were obligated to zone C-1 or'they could lift the potential zoning off. We do not have petitions to present this evening but there was: sub- mitted a petition bearing 52 signatures to support the fact that we feel we do not need this type of venture here. W. Wittingham of 212 Morris Avenue, West Covina. - As I see in these plans there are three driveways along Pacific Lane portion of the street which would be strip zoning, meaning more poten- tial buildings such as this and which I am against. Ho Co Fenley of 248 Morris Avenue, West Covina. I stand opposed to any development for commercial purposes along this entire residential area until such time as there is some evidence of commercial zoning coming in to the southwest corner triangle and until the area is served by a sewer. The property should be developed to its Co Ca 11-23-59 Page Eleven PRECISE PLAN N0, 192 (1405) - continued Mr, Ho Co Fonley - continued: highest and best use and the applicant isn't putting the property to its highest and best use and with no development showing in the area adjacent to it for the zone which it has, this may never be put to its highest and best use. Mr. Hupmyer of 218 No Morris Avenue, West Covina: We like the area and with no saloons or whiskey selling in the area, nothing so objectionable near use This proposed use is getting into the flat -iron point there and is nothing more than a wedge coming in in order to get later petitions for things even more objectionable than this use. There were 17 signers opposing this use who were legally eligible, or 90% of all the people living in that area, IN REBUTTAL Mr, Schroeter-. I would like to call to your attention that I will give up 10 feet of property to the City which will widen the streets in the area. You will notice the awkward way there is to get into Morris Avenue and you can see the advantage of the curb in there. I do not anticipate any great traffic due to this building. This build- ing will not face their property and will be at least 200 feet from the nearest house on Morris Avenue. The people who actually adjoin my property have no objection to this building. The reason for the hear- ings was for the location of the building. The first plan wasn't very good. It is my intention to pave Pacific Avenue along the whole line: of the property and to develop the rest of it in possibly professional use. There are some doctors interested in a medical building site. Potential C-1 has been on this property for 5 years and it would seem the City would have removed it if it was not right. In regard to a buffer zone, I think there is a portion set up because at the back and corner it is potential R-3o The original petition of the 17 signatures within the 300 feet of the property comprises about 18% of the property in the 300 feet. There being no further testimony, the hearing was declared closed, Councilman Heath-. I sat in on these hearings at the Commission and there was considerable controversy about this piece of pro- perty. I think the main point that was brought out at the Commission was the "bug -a -boo" that is also haunting us - the obligation on poten- tial property. I do not know whether the records show it or not but I feel, and am convinced, that the final granting upon the part of the Commission of this zoning was due to the fact they felt there was an obligation to the person who had this property. This is the reason there were a number of hearings. As for myself, the property across the street is six times the size of this piece of property and it is zoned firm C-lo As the applicant has indicated, this was zoned five years ago, at least. I believe it was the intention at that time that this was potential C-1 because of a possible overflow from the firm C-1 across the streets Co C. 11-23-59 Page Twelve PRECISE PLAN NO. 192 (1405) - continued Councilman Heath- continued: However, there has been no need yet established on this firm C-1 and if there has been no need yet established for the firm C-1 I do not see how there would be a need for the Potential C-1, From testimony given here tonight, and in the Planning Commission, there has been no need established for this type of enterprise. I call to your attention one other facto This entire piece of property is under consideration for C-1. If this entire piece is given firm C-1, all that is left to do with the balance of the property is present a presentable plan for any other use in C-1, and then we can't turn it down, I think in the confusion that has been in the minds of the Commission, and in some of our own minds, we should ask Mr. Williams to again state to us the facts stated to the Commission as to our obligation on the potential zoning, bearing in mind this zoning has been established for 5 years. At that time there may have been a need established for that commercial zoning and now it may have gone the other way, it is .not needed. The question came up as to why the potential was not re- moved. I hardly think it would be advisable to remove the potential C-1 '-until we see how the firm C-1 developed because if that developed there might be a need for firm C-1,- a question of the need for the potential to firm., City Attorney Williams: This question has come up several times, the most recent is this matter which was before the Commission. The zon,ing ordinance indicates that where there is a potential zoning that upon the filing of a satisfactory precise plan the zoning shall be made firm. The only reason then that you could use to deny the zoning would be that the precise plan is not sufficient - you could not use the reason this is not the proper zone for the use. However, potential zoning, like any other zoning, is not permanent and you can change the zone, so if you determine the use was improper, rather than the precise plan was improper, I think you could not then simply deny the application but rezone it so that it is no longer in a potential zone. As long as you allow it to remain you can hardly use the basis that it is not suitable for that purpose as the reason for denying the zone change. Councilman Barnes: Can we possibly deny it because of that,- there wouldn't be a need at this time? City Attorney Williams: You could if at the same time you initiated proceedings to take commercial zoning off. It is inconsistent to deny the Precise Plan, that it shouldn't be commercially used, and still leave the zoning commercial. Councilman Pittenger: man bought this as potential basis and then comes in with denied the plan but we remove certainly be an economic loss but know of many cases in the This is a basic argument that I am not sure I interpret as does Mr, Williams, You go into economics here. What if a zoning of C-1 and paid for it on that a Precise Plan to develop and is not only the potential zoning on it? It would to him, and I site not only this case City where this could happen, N • • -" C o C o 11-23-59 PRECISE PLAN NO, 192 (1405) - continued City Attorney Williams: and someone have money invested R-1 - it is legal and nobody has determined time and time again, Page Thirteen I am not suggesting you do so as there is the point of the moral and practical aspect, but you could have firm zoning and you still legally could zone it vested right in zoning. This has been Councilman Pittenger: If we, as a City, want to develop we can't afford to get a reputation for removing zoning when eve feel like it, regardless. We should ask for business rather than turn business away. It is a serious thing and gets into a lot of potential zoning, City Attorney Williams: I would agree, unless it is obviously a mistake. Councilman Pittenger: We did not make the mistake, the mistake was made a long time ago. Councilman Barnes: So far as the economics mentioned by Mr. Pittenger, Mr. Schroet.er bought this property not over 6 months ago and as far as I am concerned it is a speculative deal in this case, on this potential, and if a man who is in real estate as the applicant is, and buys property that is not firm zoning without taking option to buy on the basis of zoning, I do not think this is very sound thinking on the City°s part that this piece of property has to be zoned firm. The second thing is that I do not see any need for a liquor store or a grocery store on that corner. We have liquor stores. to the east on the frontage road in this area. There is no need for it. There was mention of acreage in the area to the south of this zoning which has firm.C-1. and I do not think it will be good development to start a C-1 along this strip, and strip zone clear to the corner be- cause this is potential C-1, and then have to develop this 6 acres in apartment houses to support it, I again refer to the survey made by Charles Bennett which stated we had too much potential and firm C-1, 2 and 3 in the City and that the economics were not good. I would recommend that this property along this strip be referred to the Planning Commission with the recommendation to rezone it to R-3 and possibly R-P on the corner. Councilman Mottinger: I recall that back at the time an appli- cation was placed to have a filling station established on this corner, and I think we pretty well concluded at that time it wasn't necessary, together with the fact it wasn't a C-2 zone and we either just prior to or immediately afterwards eliminated filling stations from C-1 zone but recognized this was a potential C-1 zone. With regard to the use the property is to be put, we are not in a posi- tion to judge other than that it will or will not be used as a C-1 zone and uses are already spelled out in our ordinance. We may conclude a particular use is not desirable but we would have to make that stipu- lation as a separate qualification if we wanted it to be that way. I feel the proposal made can be put in a classification of a desirable use in a C-1 zone, r C. Co 11-23-59 Page Fourteen PRECISE PLAN NO. 192 (1405) - continued Councilman Mottinger - continued, There is one thing we lose sight of too often, we are continually searching for ways to bring business into our City and we turn around and discourage developers from coming in by making it so difficult to jump the hurdle of potential zones, and we know the problems we had in our C-R zone and some of the others. I think we should keep in mind what is good for the over-all community and commercial developments certainly are going to help. I feel we are under obligation to property owners, home owners and all, and since there is and has been a potential zone on this property for many years, I feel we have a moral obligation to stand by ito Mayor Brown- I think Councilman Pittenger stated that if this was potential it was none of our mistake, but I was on the Council when this was done. The report indicated by Mr. Bennett was that we had enough of everything but houses and "M" zoning, At the time this was given potential C-1 and R-3 it was figured as a buffer against the C-1 across the street and I sincerely feel this Council owes an obligation to any property, regardless of how long an owner has it, and under prior acts of Council and Planning Commission. Councilman Heath: other three sides are open to this indicated from one be if we had residential. on Mayor Brown - We also have an obligation to home owners in this City. In this development here you have homes on one side and the or vacant, If we have the type of objections side I feel it is indicative to what it would three sides. I would agree, but at the time of the potential there were no protests, Councilman Barnes- That was 5 years ago and there were not too many residents that knew about it in the area. Also, in the Bennett report we were high on the R-P but below average on R-3o Mayor Brown- when I read the report I did not take it that way because R-P is R-3 by the same token. 3o far as the zoning being on here 5 years ago, it was strictly the responsibility of the person buying the property adjacent to it to know what was, or might be, going in here. City Clerk Flotten- 1959, There were 36 protest and there is that a 6 foot block this is granted, Councilman Barnes: Let the record show that publication of notice of this hearing was advertised in the West Covina Tribune on November 12, residents within the 300 foot radius in written a letter from Charles Do Pray of 1920 Pacific Lane wall go along the whole easterly property line if the street developed back to the If this is granted a block walLto the north should extend to the end of the development, sidewalks be provided and end of the proposed change of zone. N L7_1 C. Co 11-23-59 Page Fifteen PRECISE PLAN NO. 192 (.1405) - continued Mr. Lauder! If this block wall would be put in along the easterly area it would be worse than ever relative to the water problem during the rains, Mr. Hupmyer.- Last winter the water went down Morris Avenue, hit Pacific Lane and over- flowed at this point, except for the water that ran west to Willow. Any wall along that side that would prevent an overflow onto this lot at the corner would back it up Morris, La Sena and Pacific Lane before it could run out to Willow. Public Service Director Dosh- The wall would be an obstruction at this time because there was a lake at this C-1 area, but if the drainage problem is taken care of,as anticipated in the Spring it would solve the water condition now existing here. Mr. Schroeter.- The engineer has indicated the possible lowering of the area to help drainage. Mayor Brown.- You would run into even more problems, drainage -wise, if it were lowered. It would never drain no matter what you could do. Possibly before any action is taken on this we should have a report from the Engineering Department as to what would happen if the Badillo Storm Drain is put in. Motion by Councilman Barnes, seconded by Councilman Pittenger and carried that Precise Plan and ROclassification Noo 192 (1405) be held 'Over pending a report from the Engineering Department relative to the drainage and lowering of ground as to flooding. PLANNING COMMISSION METES AND BOUNDS SUBDIVISION NO. 135-163 APPROVED AS STIPULATED LOCATION.- Northeast corner Avenue and Padre Drive 0.59 Acres - 3 Lots - Area F. A. Langston, Subdivider of Morris District I. Motion by Councilman Mottinger, seconded by Councilman Barnes and carried, that Metes and Bounds Subdivision No. 135-163 be approved, subject to the recommendations of the Planning Department, excluding the area to the east, 221 x 1001, which is not a part of this subdivi- sion. Motion by Councilman Heath, seconded by Councilman Pittenger and carried, that the City Manager be authorized to investigate the avail- ability of the adjacent 100 feet to this Metes and Bounds Subdivision No. 135-163. ZONE CHANGE NO, 145 and PRECISE PLAN OF DESIGN NO, 199 (Frank Horny) HELD OVER LOCATION.- North side of Workman Avenue between Azusa and Hollenbeck Avenue, Request to reclassify from Zone R-A to Zone R-3a and adoption of a Precise Plan of Design, The City Council reviewed the matter on November 9, 1959, The hearing was closed and referred back to the Planning Commission for restudy of density, drainage, setback, play area and parking, • Co Co 11-23-59 ZONE CHANGE NO. 145 and PRECISE PLAN NO, 199 - continued Page Sixteen Councilman Pittenger- At the Planning Commission there was the matter of making the street wider and I understood that Mr. Horny was going to revise the apartments to accommodate that. Public Service Director Dosh- He would revise apartments or apartment parking stalls, install diagonal stalls or change apartment design to widen the street. Councilman Pittenger - Public Service Director Dosh- Has he accomplished that? It hasn't been changed as yet. Mr. Horny- It hasn't been done as yet but I stipu- lated that I would widen the street to 24 feet or make diagonal garages for parking there and then the width could stay at 20 feet. I would appre- ciate it if you could act on it tonight so that I can give a written communication to the F.H.A. of firm zoning to obtain my financing, a formula which is necessary for them to have. Councilman Pittenger- I heard the discussion at the Commission and I do not think they have particu- larly changed their position insofar as the approval of the plan is concerned. One of the things we discussed was the drainage problem which apparently is correct as proposed. They did question the width of the streets which Mr. Horny felt could be properly established and the other thing was the one-story building next to any R-1 zoning but not next to the variance for the school. They would allow two-story construction along the school property. I think that was pretty much what was in the report referred back to the Commission. Councilman Heath - Councilman Pittenger., Councilman Heath: If it is changed to angle parking you have lost spaces somewhere. It was indicated there was more than ample parking to be provided anyway. There was also the question of the parking area and the playground area overlaying one another, Public Service Director Dosh- In section 4 of the report it is indi- cated the applicant has called the play area courtyards and if they are one and the same, even though called courtyards, it will meet requirements regardless of what he calls them. The entire center area isn't neces- ary so far as meeting requirements. Councilman Mottinger- There was something in our minds also about the small amount of open area and large number of apartments in this block. Apparently nothing was done about that, although the figures would indi- cate there are maximum units and minimum play area, Councilman Pittenger- The Commission indicated this meets the requirements and is the same that has been given to other such type developments. Ca Co 11-23-59 Page Seventeen ZONE CHANGE NO, 145 and PRECISE'PLAN NO. 199 - continued Mayor Brown-. I still feel there is the question of the proper drainage here. The drain- age comes from the subdivision to the north of this property, down Thelborn, in front of the'Legion Hall,- Danny®s Doughnut Shop and the Service Station, and doesn't hit Azusa until it gets down to this point, and the property was designed to have the water go through the center of this property and down to Work- man Avenue. This drainage, as it is, is only on a temporary basis,' Motion by Councilman Heath, seconded by Councilman Barnes and carried that Zone Change No. 145 and Precise Plan of Design No, 199 be held over for further study and particularly in regard to a check relative to _. the drainage for the area, ZONE VARIANCE NOo 280 LOCATION° Service Road east of Azusa Ave. Ray La Anderson Service Station request DENIED Motion by Councilman Pittenger and seconded by Councilman Heath that Zone Variance No. 280 be denied. Motion passed'on roll call as.followso Ayes, Councilmen Noes-. Councilman Absent, None . GENERAL MATTERS Heath, Pittenger, Barnes Mottinger, Mayor Brown WRITTEN COMMUNICATIONS REQUEST FROM THE COVINA Re, No sign Ordinance on residential VALLEY BOARD OF REALTORS properties. The City Clerk presented and read a communication which stated, in part, "The following uses are expressly prohibited in all R-1 zones: 'For Rent' and "For Sale' signs and all other signs of similar type and nature displayed for the purpose of offering to lease or sell any interest of the owner." The communication further indicated this be used as a regulatory measure relating to such signs on residential properties with consideration to be given to a possible ordinance relative to this matter. Mr, Milton E. Nelson, President of Covina Valley Board of Realtors: Before I camehere this evening I received quite a number of telephone calls in reference to the article printed in the newspaper under today°s date, and would read that article in that a request for an ordinance regulating "for sale" signs on homes will be heard by the City Council, The request by the Covina Valley Board of Realtors would prohibit signs in front of residential properti.dso An informed source said it was aimed at persons who sell their own homes without the services of a real estate agent. I would read and refer to a letter directed to the Council last July, Nr, Nelson read the letter which cited the importance of real estate people to the community, the specific programs provided for training in land use, community improvement and the various conferences and refresher courses held to aid and support the community planning. Co Co 11-23-59 Page Eighteen COVINA VALLEY BOARD OF REALTORS REQUEST - continued Mr. Milton E. Nelson, -,continued - Now there has been much discussion in our realty board by realtors and sales people in our organization, members of Covina and west Covina, as to what can be done about these "for sale" signs. It does something to the people coming into the area to buy homes to see these signs. Through this type of discussion we were authorized to write to various cities in California where they have such sign ordinances and we re- ceived replies from 12 cities, We took it up with our attorney, Mr. Erickson, and we realize we cannot have a "no sign" ordinance, but that you can regulate the size, number and location of these signs. Many cities have done it very effectively. It helps people to buy in not seeing a City all cluttered up with such signs. We try to give the best results we can to the communities and we know more about what goes on in the area than the ordinary citizen, who is not interested in that phase of it. It is within your power to make some regulatory ordinance, and we know that when people come into an area that is not cluttered with such signs there is a favorable response from the people wanting to come in. You have too many such signs that indicate "for sale by owner", people question as to what is the matter with the place, and that is why we have'so much surplus houses in the City. I think it is something that should be considered seriously in order to arrive at some ordinance to regulate the use of such signs. • Mayor Brown- Do you have copies of any ordinances of these various other cities? Mr. Nelson- Mr. Erickson has them. Mayor Brown- Perhaps he could get copies of them to the City Clerk. Councilman Heath,. We have some indications that what was received, and what was presented in testimony, is different. Mr. Nelson: We cannot require removal of all signs. If an owner wants to sell his property we cannot say he cannot have a sign to sell it, I would stipulate this is an amendment to the letter which was received by the City. City Attorney Williams- You already have such an ordinance, Councilman Heath- A move to eliminate all signs is defi- nitely a breach of democracy. Mayor Brown- I think we should have copies of the ordinances that other cities might have. As to the letter that was written I would go along with you,Councilman Heath, and say I would want no part of it when you tell a man he cannot do something such as this on his property. Mrs. Van Dame,. With all due respect to the realtors and sales people I think it is a terrible thing to think that a person cannot have a sign on his property to advertise it for sales That would be just a dictatorship and I don't think the people would stand for it anyway. Possibly the realtor might do a better job in selling the property but the person shouldn't have his right to sell his own pro- perty taken away, F1 Co C. 11-23-59 COVINA VALLEY BOARD OF REALTORS REQUEST - continued Mr. Nelson, he has the right to do it, but Page Nineteen I am not in favor of any despotism; We - want to protect property owners, but if he sees. fit to sell his own property there should be some control, City Attorney Williams° You have a provision in every zoning, including R-1, for the proper size and use of such signs for property on which it is to be displayed. You have what I believe other cities would have in this regard, although possibly not exactly the same thing. Mayor Brown° CITY MANAGER REPORTS I think we should take a look at the ordinances referred to so that we know what they might actually have in mind relative to this matter, RECOMMENDED POLICY ON City Manager Aiasszao I believe this IMPROVEMENT OF EASEMENTS recommendation will provide the City AND ACCEPTANCE OF staff and Council with a good guide, INSTRUMENTS CONVEYING and I would like to have a motion to EASEMENTS TO THE CITY have it spread upon the Minutes. Motion by Councilman Heath, seconded by Councilman Pittenger and . carried that this recommendation of policy regarding improvement of easements and acceptance of instruments conveying easements be spread in full upon the Minutes. to No easement or instrument conveying an easement shall be accepted without approval of the City Council. 20 Where the easement is to benefit the grantor, it shall be the policy of the City to require that the easement be improved before acceptance or that a bond to guarantee improvements be posted at the time of acceptance. ao This would apply to subdividers in all cases. The improvement of the easements should be included in the improvement agree- ment and bond, The only exception to this might be where the City requests an easement through the subdivision to benefit property other than the subdivision itself. bo Precise Plano co Lot splits. do Zone changes, eo Other cases where the easement is to benefit the landowner giving the easement. 3. Where the City requests the easement for public benefit, no improve- ments or bond need be required, but each case shall be judged on its own merits and the City shall negotiate concerning the improvements 4e In cases where the City accepts an easement over a piece of property for the benefit of some other property, the City should obtain a bond for the improvement from the owner of the property to be benefited, but not from the grantor of the easement unless he, too, derives benefit. Co Co 1.1-23-59 Page Twenty EASEMENTS POLICY - continued 5. In 1911 Acts proceedings, it is usually impracticable to obtain a bond for the improvement from the grantor of the easement since the improvement will be paid for by the 1911 Act proceedings. 'In these cases the easement should be accepted by the City only after it appears evident that the improvement proceeding will be conduc- ted to a satisfactory conclusion. 6. Governmental agencies, such as schools, County, Flood Control Districts, etc., the City shall have the final say as to when and how these easements shall be received and the extent of the improve- ments required through negotiations. ADDITIONAL COST OF STATE City Manager Aiassao We have just COMPENSATION INSURANCE received an invoice in the amount of APPROVED $20,000.00 which represents the initial deposit on our premium for 1959-60. In order to make the initial payment, it will be necessary to appro- priate an additional $12,000.00 from the. Unappropriated Reserve for this account, there having been $8,000.00 budgeted. The amount of this deposit has been increased considerably this year as an adjustment for the following factors- (1) Increase in rates; (2) Increase in payroll; (3) Last year's experience record, • Final payment of premium will be based on the actual payroll and exper- iences for 1959-60. Our net cost for the past two years was $6,993.00 and $13,3310000 It is doubtful the premium will run the full $20,000.00 unless our experience in 1959-60 is poor; however, we have no choice at this time insofar as the $20,000.00 deposit is concerned. At the time the budget was prepared we had not been advised of the rate increases. Councilman Heath-, From your checking this over, does it sound logical to go from $6,000.00 to $13,000.00 to $20,000.00 in 3 years? City Manager Aiassao Yes, as you make salary changes and payroll increases and dropping the Civil Defense on this increase, The $13,000.00 factor we can't dispute too much as what happens is that we pay it and then get a refund. They bank that on the possible bad experience over the year and if that happens they use it if you do have it. I can give you a breakdown on this. Councilman Heath- No, I do not want it,if you have checked it that is enough for me. Motion by Councilman Mottinger, seconded by Councilman Barnes, that the amount of $20,000.00 be paid to the State Compensation Board as indi- dated in the report, with the additional appropriation of $12,000.00 to be added to the $8,000.00 budgeted amount, to be taken from the Unappropriated Reserve for this account. Motion passed on roll call as follows. Ayes. Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes. None Absent-, None C� Ca 11-23-59 CITY MANAGER REPORTS - continued Page Twenty -One BODGER PROPERTY City Manager Aiassa. We have a letter CLEARANCE AND ESCROW dated November 18, 1959 from John F. Bodger, which indicated they would. prefer to have the escrow handled by the South Hills Escrow Company at 220 So Glendora Avenue in West Covina, In accordance with the agreement on file, it is necessary to initiate action to purchase the Bodger property and the following should be scheduled. 1, Notice in writing of intent to purchase. 20 Open escrow on or about December 15, 1959. 3. Processing of payment at Council meeting of December 14, 1959. Sufficient funds were budgeted for this purchase, and no appropriations are necessary. Motion by Councilman Heath, seconded by Councilman Pittenger and carried, that there be a notice in writing of intent to purchase. Motion by Councilman Barnes, seconded by Councilman Pittenger and carried, that escrow be opened on or about December 15, 1959, and no earlier. . Motion by Councilman Pittenger, seconded by Councilman Heath and carried, that payment is to be processed at Council meeting of December 14, 19590 STOP SIGN AT City Manager Aiassa: We have a report SUNSET AND SERVICE from the Traffic Engineer. A 24 hour approach volume traffic count was made and the accident history of the inter- section was made. The report follows. No accepted warrants have been developed for four-way stop control, and warrants suggested by the Standards and Specifications Committee of the Institute of Traffic Engineers are as follows: (a) Minimum hourly volume averaging 500 vehicles entering the intersection for 8 hours with at least 40% of the total entering the Intersection from the secondary street. (Note. It should be emphasized that because of the delaying effect, "four-way stops" should be used only when the volume of traffic on the intersections roads is about equal.) (b) Occurrence of 5 or more reported accidents of a type susceptible of correction by such control within a 12 month period. M(c) Pedestrian volume. (Does not apply) Inasmuch as there has been only one accident and traffic volume warrant is not satisfied, I do not believe it is advisable to install additional stop signs at this time. Some relief will be obtained when Project C-102 (Sunset lateral) is completed and we are able to fill the ditch on the east side of Sunset Avenue north of the intersection. When Walnut Creek Parkway is extended to Sunset Avenue and the Service Avenue Bridge is constructed, this intersection will probably require signal-ization. or some other type of control, Co Co 11-23-59 Page Twenty -Two STOP SIGN AT SUNSET AND SERVICE - continued City Manager Aiassa.- I would delay this for a month and see when the ditch gets improved what occurs, and we can take another look at it. Councilman Barnes- We can put stop signs in until we extend the Parkway. We will have more traffic through there after the Parkway has been extended. City Manager Aiassao That's what I meant. To hold it over and then take tests and watch the traffic through there. AUCTION SALE November 28, 1959 at the Police Station A.M.A. CONFERENCE Motion by Councilman Heath, seconded by Councilman Pittenger that authoriza- tion be given for either the Mayor or the City Manager to attend the A.M.A. Conference in Denver in November, Motion'passed on roll call as follows- Ayes.- Councilmen Heath, Pittenger, Mottinger, Barnes Noes. None Absent- None Not Voting; Mayor Brown SPECIAL FINANCE REPORT City Manager Aiassao This is report ON VARIOUS ITEMS of various items to Council. There is one item that might be clarified. All available funds at June 30, 1959, were carried over for use during this fiscal year. It was necessary to charge the final payment ($19,500000) on the Glahn property to this carry_Dvero The present balance, free of encumbrance, which can be utilized for subject con- struction is $14,845.38. From previous conversations, I assume that funds derived from the sale of the old police station would be made available for this project. This is a breakdown of incidental expense which we have gone through for the (a) Police facilities; (b) Fire Station; (c) Paving and fencing Police and Fire area; (d) Remodeling City Hall and old Fire Station; (e) A general, report on Budget items and funds. "CLOSING OUT SALES" The City Manager presented and read a ORDINANCE communication from the City Attorney relative to this ..matter indicating his finding that such a regulation is con- tained in the Business License Ordinance, No. 142. The regulation was outlined in the communication and is to be found in Subsection (15) of Section 28. Copies of this were presented to members of Council. At the end of the report the City Attorney indicated that if the provi- sions made do not seem to be adequate he should be so advised and given recommendations as to -any possible change and that although the exist- ing provisions seemed to be reasonably sufficient it was suggested the possible deletion of the second paragraph of Subsection (15), possibly an increase of the.license fee and.a reduction of the maximum time during which such sales may be conductedo r Co Co 11-23-59 Page Twenty -Three AUDITOR'S REPORT AND Reports presented to Council., EMPLOYEES' EVALUATION REPORT FINAL REVISION OF Reports presented to Council, and the BRIDGE DEFICIENCIES -City Manager stated that they...should-be filed with the City Clerk as the City Council°s final decision on Bridge Betterment. CITY ATTORNEY SECOND READING The City Attorney presented: ORDINANCE NO.. 643 "AN ORDINANCE OF THE CITY COUNCIL OF An Ordinance rezoning THE CITY OF WEST COVINA. REZONING certain property CERTAIN PROPERTY LOCATED ON THE NORTH- (Dubrove) WEST SIDE OF CALIFORNIA AVENUE, NORTH ADOPTED OF WALNUT CREEK WASH" (Dubrove) Motion by Councilman Mottinger, seconded by Councilman Barnes and carried, that the reading of the body of the Ordinance be waived. Motion by Councilman Heath and seconded by Councilman Pittenger that said Ordinance be adopted. Motion passed on roll call as follows: Ayes., Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown • Noes., None Absent-, None Said Ordinance was given No. 643 RESOLUTION NO, 1709 Granting Unclassified Use Permit No. 27 (Dubrove) ADOPTED Mayor Brown, The City Attorney presented., "A -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING UNCLASSIFIED USE PERMIT NO. 27t4 (Dubrove) Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Heath, that said Resolubion be adopted. Motion passed on roll call as follows., Ayes., Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes. None Absent., None Said Resolution was given No. 1709 RESOLUTION NO. 1710 Requesting the Los Angeles Flood Control to expedite construction of Badillo Storm Drain ADOPTED The City Attorney presented and read., "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA URGING THE LOS ANGELES FLOOD CONTROL DISTRICT TO EXPEDITE THE CONSTRUCTION OF THE BADILLO STORM DRAIN" Motion by Councilman Barnes, seconded by Councilman Heath, that said Resolution be adopted. Motion passed on roll call as follows: Ayes., Councilmen Heath, Pittenger, Mottinger, Barnes Noes., Mayor Brown Absent., None, Said Resolution was given No. 1710 Co Co 11-23-59 Page Twenty -Four RESOLUTION NO, 1710 - continue'd Mayor Brown stated that he voted "No" on Resolution No. 1710 because he did not feel that he knew enough of the facts and it may be that" the County Engineering Department did support it and maybe they didn't but that Mr. Bonelli had stated that-dverything possible was being done. Councilman Barnes: It was intimated that no one would take bids for storm drains this time of year but there is a bid on the agenda of December 13th for a drain as indicated by the minutes from Mr. Bonelli°s office, They did bid them and would possibly get this through this winter, Councilman Pittenger: But what is completion date on the bids? Councilman Barnes.- That I do not know. Mayor Brown.- A storm drain is still different from a Wash. Councilman Pittenger: I think it makes sense that no one is going to get down there this time of the year. If there is no completion date, where are you? Councilman Barnes: What about the ones released around October and November? • Mayor Brown: It might be a storm drain but not necessarily a Wash. RESOLUTION NO. 1711 The City Attorney presented.- Denying Zone Variance "A RESOLUTION OF THE CITY COUNCIL OF No. 288 and Precise THE CITY OF WEST COVINA DENYING ZONE Plan of Design No. 195 VARIANCE NO. 288 AND PRECISE PLAN OF (El Rancho Estates) DESIGN NO, 19511 (El Rancho Estates, Inc.) ADOPTED Mayor Brown.- Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Heath, seconded by Councilman Pittenger, that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilman Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None Said Resolution was given No, 1711, CLAIM OF RALPH MURPHY, Suppr for Court Action No. 733674. JR., et al. -vs- CITY OF WEST COVINA, et ale Motion by Councilman Pittenger, seconded by Councilman Heath and carried, that the claim of Ralph Murphy, Jr,, et al,, be denied and it be referred to the City°s insurance carrier, • Co Co 11-23-59 RESOLUTION NO. 1712 Proposed Annexation No, 16 to County Sanitation District No. 22 ADOPTED Page Twenty -Five The City Clerk presented: °A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING.ITS CONSENT TO THE ANNEXATION OF A CERTAIN PORTION OF SAID CITY TO COUNTY SANITA- TION DISTRICT NO. 22" (Alaska Street Annex' Mayor Brown: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Mottinger, seconded by Councilman Heath, that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes.- None Absent.- None Said Resolution was given No. 1712 RESOLUTION NO. 1713 Proposed Annexation No. 28 to County Sanita- tion District No. 15 ADOPTED Mayor Brown: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING ITS CONSENT TO THE ANNEXATION OF A CERTAIN PORTION OF SAID CITY TO COUNTY SANITA- TION DISTRICT NO. 1511 (Doublegrove Street Annex) . Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Heath, seconded by Councilman Pittenger, that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None Said Resolution was given No, 1713 REQUEST OF NORTH POLE Request for helicopter landing at the SANTA CO., LTD, Eastland Shopping Center on Friday, APPROVED November 27, 1959. Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried, that the request of the North Pole Santa Co., Ltd., be approved, APPLICATION FOR PERMIT Re: Christmas Fair at Pioneer School FROM PIONEER SCHOOL PTA on December 12, 1959 APPROVED Motion by Councilman Heath, seconded by Councilman Barnes and carried, that the request for a Christmas Fair by the Pioneer School PTA be approved and the license fee waived. 4?1 • Co Co 11-23-59 APPLICATION FOR PERMIT FROM WEST COVINA ELKS LODGE APPROVED AS STIPULATED Page Twenty -Six Re.- Benefit Christmas Dance, tent for overflow, at 8.41 W, Merced Avenue on December 5, 1959. Motion by Councilman Heath, seconded by Councilman Barnes and carried, that the request of the 'West Covina Elks Lodge be approved, subject to the approval of the tent by the Clearance Committee. APPLICATION TO SELL Covina Charitable Enterprises, Inc. CHRISTMAS TREES 2520 Workman Avenue APPROVED Motion by Councilman Mottinger, seconded by Councilman Barnes and carried, that the application to sell Christmas Trees be approved subject to changing name of applicant to L.D.S. Church, Covina 2nd Ward. COMMUNICATION FROM Re.- Tract No, 21014 FRANCIS G:e WELTON, Schwartz-Yedor Building Corp., Developers ATTORNEY AT LAW REFERRED TO CITY MANAGER Damage and drainage problem to the property of Mr. Edward L. Howard of 19438 Cortez, Covina, created in connec- tion with the development. Motion by Councilman Pittenger, seconded by Councilman Heath and carried, that this matter be referred to the City Manager, pending work sessions CITY TREASURER COUNCIL COMMITTEE REPORTS Motion by Councilman Mottinger, seconded by Councilman Barnes and carried, that the City Treasurer's Report for October, 1959, be received and filed for record. Councilman Heath: There was a Planning Commission meeting on November 19th and we have 10 days to appeal. We are now in the 5th day and I received a paper today of the actions taken but I still do not know whether I might want to call something up here or not. I think that we need more information on these so as to know just what they are. City Manager Aiassa: The Planning Department has been instructed to sedd you copies of just what has been done, Councilman Heath: I think that something should definitely be done about stop signs at Lark Ellen and the frontage road. City Manager Aiassa: Technically, it is still a State highway, I am having a meeting to discuss the possibility of putting in four-way stops. However, we can stop them in the City going north, but I doubt if we can put a sign on the ramp off the Freeway, and it is the off - ramp traffic that is vicious. City Manager Aiassa: There is some consideration being given to placing better lighting in that particular area. C. C. 11-23-59 COUNCIL COMMITTEE REPORTS - continued Page Twenty -Seven Councilman Heath-. A peace -officer at the Vincent Avenue • interchange might be better for traffic than the traffic light. Also, a sign might be posted at the end of State Street indicating no right turn, which I think would alleviate a lot of trouble. City Manager Aiassa-. Could possibly talk to Curtis and Schlanger relative to encroachment on their property - one way right hand turns. Councilman Heath: No right turn - keep off State Street, Mayor Brown: It might help during Christmas, no parking along there. City Manager Aiassa-. I gave Council a suggestion some six months ago for some possible signal installation which might have alleviated this problems The way it is laid out now it is almost impossible to do anything. Councilman Mottingero I think it might be given special con- sideration and it was given special attention last year during the Christmas rush. Explore it and give special recommendations. • Mayor Brown: I do not think we should do anything that might block any of the shopping centers. v Councilman Barnes: Councilman Heath and I attended the Upper San Gabriel Water District meeting and they are holding the elec- tion on December 8th to form the district. 120,000 folders are to be distributed within the district and the district directors names were submitted. District 1, Mr. Frank Va-chon; District 2, Mr, Forester and Mr, Orr; District 3, Mr, Clemensonp District 4, Mr. Hawkins,,.and District 5, Mr. Radford. The law suit remains status quo between Long Beach and Upper San Gabriel Valley Water., District. Councilman Mottinger: I`_would 'like.:=to .ask about'some• •in-forma- ,tion ande investigation' wi=th.' regardl ;.to_,' sewiar_installa-tiori:..in:'ahe area north of Walnut Creek Wash and'the Freeway, between Azusa and Lark Ellen Avenues. Public` Service Director Dosh: That is our largest assessment district and we have some complications relative, to some 30 easements to be acquired. Our last schedule was to start in March but this cannot be assured. City.Manager Aiassa: The problem is some 15 or 17 various types of easements we have to acquire for the main trunk sewer line through to commercial area. Co Co 11-23-59 Page Twenty -Eight COUNCIL COMMITTEE REPORTS - continued Councilman Mottingere Maybe this is another one to give to the newspaper in the form of a map to clarify the situation for the public. Councilman Barnes: The sewer district below the Freeway and to the west off Willow, which we processed recently, there have been several calls on that one and those people are anxious to speed it up as they are having a great deal of trouble in the area also, Mrs. Van Dame: What about the signs for the Police Station? When will they be out? Mayor Brown: We are working on those and they are under way. DEMANDS Motion by Councilman Heath, seconded by Councilman Mottinger, that Demands in the amount of $410,791.02,as shown on Demand Sheets B-62, C-173 and C-174, be approved. This is to include fund transfers in the amount of $105,498.56 and bank transfers in the amount of $225,OOO.00. • Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None Motion by Councilman Heath, seconded by Councilman Mottinger and carried, that the meeting be adjourned at 11:05 Po M. APPROVED F ATTEST: OW MY Clerk Mayor