04-11-1960 - Regular Meeting - MinutesC`.
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MINUTES OF THE REGULAR, MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
April 11, 1960
The meeting was called to order by Mayor Brown -at 7e40 P. M. in the
West Covina City Hallo The Pledge of Allegiance was Ted by Council-
man Pittenger with the invocation given by the Rev. Thomas,' Thomasma
of the Dutch Reformed Church,
ROLL CALL
Present: Mayor Brown, Councilmen Heath, Pittenger, Barnes
Others Present: Mr, George Aiassa, City Manager
Mr, Robert Flotten, City Clerk
Mr, Harry C. Williams, City Attorney
Mr. Harold Joseph, Planning Coordinator
Mr, Thomas Dosh, Public Service Director
Absent: Councilman Mottinger (to 8:10 P. M.)
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APPROVAL OF MINUTES
March 21, 1960 Approved as submitted.
March 28, 1960 - Approved as corrected as follows:
Page 3 - The motion under Precise Plan No. 42 should show the
date of June 27, 1961, instead of June 27, 1960, as
indicated.
March 14, 1960 - Amended as follows:
Page 21 - Regarding the motion relative to Tentative Map of
Tract No. 25679, Covina an-d West Covina School District:
Motion by Councilman Pittenger, seconded by Councilman
Heath and carried, that the Minutes of March 14, 1960'
be amended on Page 21 deleting the words "and provide
necessary R/W for Merced street improvements at
Glendora Avenue".
CITY CLERK'S REPORTS
METES AND BOUNDS
SUBDIVISION NO. 135-153
Extension of time of
Final Map (Justin P. Keller)
APPROVED
LOCATION: Northeast corner of Azusa
Avenue and Cortez Street. °
Request to extend time to file final map
of the Metes and Bounds Subdivision with,
recommendation for this extension by the
City Engineer ,for one year, to April 13,
1961.
Motion by Councilman Barnes, seconded by Councilman Pittenger and
carried, that the request for a time extension.to file final map on
Metes and Bounds Subdivision No. 135-153 to April 13, 1961, be approved.
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C. Ca 4-11-60
PRECISE PLAN NO. 129
Extend time of agreement
(Isenberg & Jackson)
APPROVED
Councilman Heath:
City Manager Aiassa:
Councilman Pittenger:
City Manager Aiassa:
Councilman Barnes:
City Manager Aiassa:
Page Two
LOCATION: South of -Garvey -Avenue, east
of Citrus Avenue (Bowling alley)
Requestta extend time on agreement to
install improvements with recommendation
for this extension by the City Engineer
for six months, to June 19, 1960.
This recommendation is to June. Was
this actually due in January or December?
They wanted 90 days but it was felt it
should be considered for 6 months so they
wouldn't go into another extension.
You're only giving them two months.
Actually this extension isn't from
this date.
Do they feel the time is adequate?
Yes.
Motion by Councilman Pittenger, seconded by Councilman Heath and
carried, that the request for a time extension of agreement on Precise
Plan No. 129 be approved to June 19, 1960.
PRECISE PLAN NO, 17, Sec>5
Accept Street Improvements
(George Scofield)
APPROVED
LOCATION: Southwest corner of Citrus
Street and Workman Avenue.
Accept street improvements and authorize
release of American Automobile Insurance
Company's Bond No. S-468560S in the
amount of $5,000.00.
City Clerk Flotten: This takes care of the street improvements
on Workman Avenue but doesn't include
the service station on Citrus and Workman
and does include the drive-in stand north of the Akron store on Citrus.
The service station improvements are already in.
Motion by Councilman Heath, seconded by Councilman Barnes and carried,
that street improvements in Precise Plan No, 17, Section 5, be accep-
ted and authorization be given for the release of American Automobile
Insurance. Company's Bond No. S-468560S in the amount of $5,000.00.
RESOLUTION NO, 1802
Approving Final Map of
Metes & Bounds Subdivision
No. 135-157
(Arthur A. Ciancio)
ADOPTED
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA APPROVING A FINAL
SUBDIVISION MAP OF METES AND BOUNDS SUB-
DIVISION NO, 135-157 AND ACCEPTING AN
AGREEMENT BY THE SUBDIVIDER AND A CASH
DEPOSIT"
LOCATION: South side of Puente Avenue, west of Vincent Avenue.
Cash deposit in the amount of $354.62 for street improvements (sidewalks)
Mayor Brown:
Hearing no objections, we will waive
further reading of the body of the
Resolution,
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RESOLUTION..: NO.1802 continued
Motion -;by Councilman Barnes, seconded by Councilman"Pittenger, that
said Re_solution'be.adoptedo Motion passed on roll call as follows:
Ayes Councilmen Heath, Pittenger, Barnes, Mayor Brown
Noes.' None
Ab enta Councilman:Mottinger
SAid. Resolution was given No. 1802
RESOLUTIONS NO.'.1803 The City Clerk presented:
Accepting"'diant Deod "A RESOLUTION OF THE CITY COUNCIL. OF.
(Precise Plan 140 162) THE CITY OF WEST COVINA ACCEPTING A
(Maur#e..:XAnd,el).1 CERTAIN WRITTEN INSTRUMENT AND DIRECTING
ADOPTED THE RECORDATION THEREOF".
LOCATION East of Sunset Avenue, south of Mariana Street.—
For street and highway purposes to be known as Cameron Avenue and
Sunset: Avenue,
Ma:yorBrown: Hearing no objections, we will waive
further reading of the body of the
Rc�sc�lt� t i can _
Motion by Councilman Barnes, seconded by 'Councilman Heath, that said
Resolution:be.adopteda Motion passed on roll call as follows:
Ayes: - Councilmen Heath, Pittenger, Barnes, Mayor Brown
Noes: None
Absent.: , Councilman Mottinger
Said Resolution was given No, 1803
RESOLUTION NO. 1804 The City Clerk presented:
Declaring intention to "A RESOLUTION OF THE CITY COUNCIL OF THE
.vacate certain portions CITY OF WEST COVINA DECLARING ITS INTEN-
in..Tract No. 21366 TION TO VACATE CERTAIN PORTIONS OF
ADOPTED HILLWARD AVENUE, GREENVILLE DRIVE,.BALBOA
DRIVE, CABRILLO` DRIVE AND JOAQUIN DRIVE"
The City Clerk stated that this Resolution also sets date of protest
hear ng,on this action for May 9, 1960.
Mayor -Brown.- 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 Brown
�. N.oes: None
Absent: Councilman Mottinger
Said Resolution was given No. 1804
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C. C. 4-11-60
RESOLUTION NO, 1805
Adopting budget and
approving first supplemental
agreement for expenditures
of gas tax allocation for
major City streets
ADOPTED
Page Four
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ADOPTING BUDGET AND,
APPROVING FIRST SUPPLEMENTAL AGREEMENT
FOR EXPENDITURES OF GAS TAX ALLOCATION
FOR MAJOR CITY STREETS"
City Manager Aiassa: This is reallocating the receipts set.....
up for bridge program for 1960-61 budget
and also we have included in this amount
the $25,000.00 for Vincent Avenue which was budgeted this year. This
money is set up, plus our maintenance monies for major and secondary
street improvements amounting to 40% of annual allocation.
Mayor Brown::t
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 Brown
Noes: None
Absent: Councilman Mottinger
Said resolution was given No. 1805
RESOLUTION NO. 1806 The City Clerk presented:
Requesting transfer and "A RESOLUTION OF THE CITY COUNCIL OF THE
conveyance of drain CITY OF WEST COVINA REQUESTING THE BOARD
improvements and drainage OF SUPERVISORS OF LOS ANGELES COUNTY
system FLOOD CONTROL DISTRICT.OF THE STATE OF
ADOPTED CALIFORNIA TO ACCEPT ON BEHALF OF SAID
DISTRICT A TRANSFER AND CONVEYANCE OF
STORM DRAIN IMPROVEMENTS AND DRAINAGE
SYSTEMS KNOWN AS SUNSET DRAIN, VINE CREEK
DRAIN AND BAKER'S DRAIN IN THE CITY OF
WEST COVINA FOR FUTURE OPERATION, MAIN-
TENANCE REPAIR AND IMPROVEMENT"
Sunset Avenue Drain (W. C. No. 007), Vine Creek Drain (Eldorado School
(W. C. No. 004) and Baker's Drain (Tract No. 20993 - W. C. No, 003).
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: Councilmen Heath, Pittenger, Barnes, Mayor Brown
Noes: None
Absent: Councilman Mottinger
Said Resolution was given No. 1806
DISTRICT Ae11-60-1 LOCATION: Magnolia and Larkwood Avenues
Sanitary Sewer District
Preliminaty-.report of the Designated as Magnolia Avenue and
City Engineer Larkwood Avenue Sewer District.
APPROVED
The City Clerk presented and read the preliminary report which indicated
the transmittal of a signed petition and preliminary map for the
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DISTRICT A111-60-1 - continued
Page Five
district with all signatures validated against the last'tak-roll"-and
representing 58.62% of the area of the districts The preliminary
estimate of cost is $58,600.00 which"includes construction costs;
engineering and incidental expenses and total construction will provide
for some 1.44 miles of sewers serving 116 residential lots. Although
less than 60% of the district has signed the petition it is anticipated --
to have:a favorable report from the health officer due to poor function-
ing of private disposal facilities in the area and a favorable report
from the health officer will allow the district to proceed under Section
2808 of the Streets and Highways Code and this section provides that -
the City Council may, by a four -fifths vote, override any and all pro-
tests to the proceedings if it is deemed necessary to protect public
health. The recommendation is that preliminary map be approved and
the City Engineer be instructed to request the health officer to inves-
tigate the sanitary conditions in the district.
Motion by Councilman Pittenger, seconded by Councilman Barnes and
carried, that the preliminary report of the City Engineer be accepted
and that he be instructed to request the County Health Officer to make
the necessary investigation of sanitary conditions in the district.
DISTRICT A111-60-2 LOCATION, Hillhaven and Miriam Drives
Sanitary Sewer District
Preliminary report of Designated as the Hillhaven Drive and
City Engineer Miriam Drive Sewer District
APPROVED
The City Clerk presented and read the
preliminary report which indicated the
transmittal of a signed petition for subject district, with all the
signatures validated against the last tax roll and representing 61.73%
of the area of the district. The preliminary estimate of cost is
$33,432.00 or approximately $375.00 per lot and includes construction
costs, engineering and incidental expenses and total construction will
provide for some .78 miles of sewers serving 81 residential lots. The
recommendation is that the report be accepted and filed with the City
Clerk and that the City Engineer be instructed to request the health
officer to investigate the sanitary conditions in the district. It is
also further recommended that the City Engineer be instructed to proceed
with the preparation of final plans and specifications for the project.
Motion by Councilman Pittenger, seconded by Councilman Barnes and
carried, that the preliminary report of the City Engineer be accepted
and"that the City Engineer be instructed to request the County Health
Officer to make the necessary investigation of sanitary conditions in
the district.
SCHEDULED MATTERS
HEARINGS
DISTRICT A°11-57-3
Installation of Sanitary
Sewers (Central Business
District)
tion No. 1757 passed by the
February 8, 1960. Hearing
of work and then continued
easements.
Hearing of protests or objections to
forming 1911 Act Assessment District to
cover installation of sanitary sewers
in the Lark Ellen Avenue and Stuart
Avenue Sewer District. Set for hearing
on March 14, 1960, by Resolution of Inten-
City Council at their regular meeting of
continued until March 28th to include change
to April llth pending investigation of
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DISTRICT A°11-57-3 - continued
The City Clerk presented and -read a -report relative to a meeting -held
on April 8, 1960 with Mr. Frank DeLay and members of the City staff
in the City Manager's office to discuss alignment of sewers within
the C-3 area with respect to Parcel 3 belonging to the West Covina
Development Corporation.
The report went on to indicate that Mr. DeLay had protested verbally
to the City Council and at this meeting with staff he maintained that
the alignment bisects his property thereby depreciating its -value and
limiting its ultimate use. He suggested he would have no objection if
the sewer were designed to occupy a position not more than 35 feet north
of his south property line and this realignment is shown in green on
the aerial.photoo
In checking with the private engineering firm who designed the sewer -
for this district they stated no appreciable difficulty would be anti-
cipated in the redesign, however, a minimum time loss involved would
be four weeks in engineering and new title searches and a minimum of
two weeks in approving the revised plans, in advertising for a new
protest hearing involving the revised plans for a total of six weeks
lost. This figure could easily be ten weeks longer. The exact expense
involved in design and title search is estimated at about $500.00 which
would have to be borne by the district. By comparison the value of
the easement across Parcel 3 as determined by Mr, Verne Cox, the City°s
appraiser, is $225.00. This appraisal was rendered in June, 1959, and
it is conceivable the value would be greater today but still consider
ably less than the estimated $500.00 in additional engineering costs.
Future construction across this easement need not necessarily be pro-
hibited and it is recognized that at times construction must extend
over existing sewer lines and utilities in such cases. Adequate pro-
visions must be provided the utility holder. To assure perpetual use
of these utilities in the case of sanitary sewers, cast iron pipe is
required under buildings. It is believed that in the future if the
West Covina Development Corporation submits plans to the City for an
extension of the existing buildings across the sewer easement, and
said plans are approve6 by the Building Department, that the sanitation
section would approve these building plans subject to the replacement
of the existing clay pipe sewer with cast iron pipe and theconcstruc-
tion of remodeling of manholes as deemed necessary.
With these facts in mind it is the opinion and recommendation that the
protest hearing for A111-57-3 be closed and the City Engineer be
instructed to call for bids in accordance with the approved plans and
specifications.
City Manager Aiassao The aerial photograph outlines the pro-
posal and there is no immediate plans
to expand that building. During 1958 a
precise plan was approved and a building was built in the middle of
the parking lot— At the same time this tentative alignment of street
or service alley behind commercial buildings was part of the precise
plan so that is why the engineering office followed the line as,it
would develop from this precise plan.
Councilman Pittenger:
The line is down the service drive?,
Ctty Manager Aiassa; That is right. The green line is the
one proposed.
(Councilman Mottinger entered the Chambers at 8:10 Po M.)
C. C. 4-11-60
Page Seven
DISTRICT A111-57-3 - continued
Mayor Brown asked if there was anyone present who desired to speak
on this matter,
Mr, David Storey of 226 Myrtlewood was sworn in by the City Clerk.
I would like to make it clear to the City Council how the residents
in this district feel about any delay in this sewerage system; We have
been pumping our cesspools on a monthly or every other month basis for
several years and many of us have two cesspools and our property can't
hold another one. We think we are in the worst condition of any place
we know of in West Covina. We have, marry times, been given unofficial
notice of when these sewers would be started but each time there has
been.a hold-up and we oppose any action at this time that would further
delay this even so much as one week.
There being no further testimony, the hearing was declared closed,
Councilman Barnes. The cost would be much less to go ahead
on the present location and much faster
for these property owners, I know they
do have problems in that area as I have had several calls and.I wander
if this wouldn't be much cheaper for the City.
City Manager Aiassa. Yes, this would save 6 to 8 weeks.
Mayor Brown. Nothing in cash, but in time.
City Manager Aiassa. That is correct, in time; and if we do
not proceed we might end up in winter to
dig our sewers here
Mayor Brown. What happens in the event of a law suit,
does the district or general fund pay?
Say the West Covina Development Corpora-
tion or Mr. Delay decided to sue over this?
City Manager Aiassa. Item 3 on my Agenda is pertinent to this
inquiry. It is being done by condemna-
tion,
Mayor Brown. We have the right to take it by condemna-
tion but if he doesn't settle for that
amount of money who pays, the City or the
District?
City Attorney Williams. The cost of acquisition would be cost to
the district and I would presume, by the
amount of appraisal indicated, that this
would fall well within the 10% limit of acquisition. It can't exceed
10% of the cost of the project and if it does it falls within expenses
of the district.
City Manager Aiassa. Council would have to deny all protests?'
City Attorney Williams. Yes.
Motion by Councilman. Pittenger, seconded by Councilman Barnes, that the
protest on installation of sanitary sewers in District A111-57-3
(Central Business District) be denied. Motion passed on roll call as
follows:
Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown
Noes: None
Absent: None
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RESOLUTION NO. 1807 The City Clerk presented and read -
Ordering work to be done "A RESOLUTION OF THE CITY COUNCIL OF THE
in Lark Ellen and Stuart CITY OF WEST COVINA ORDER.7NG WORK TO BE
Avenues Sewer District DONE ON LARK ELLEN AVENUE, ET,AL.,IN
(A°11,57-3) ACCORDANCE WITH RESOLUTION OF INTENTION
ADOPTED NO. 175711 (A°11-57-3)
WHEREAS, the City Council of the City of Wes.t'Covina, on the 8th
day of February, 1960, adopted.its Resolution of --Intention No,_-1757,
to order the work described therein to be done,- and said Resolution
of Intention having been duly and legally published'as required by
law; and notice of the improvement having been given in the manner
required by law, and protests having been filed by the owners of
the property to be assessed for said improvements, prior to the
time set in the Resolution of Intention for filing protests, and
having been heard and overruled by the City Council,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES
RESOLVE AS FOLLOWS:
SECTION 1, That the public interest and convenience require, and
the City Council of the City of West Covina hereby orders, the work
described in said Resolution of Intention No. 1757 to be done and
the acquisition of necessary rights of ways:set forth in said
resolution, as said work and acquisition were changed and modified
by Resolution No. 1795.
SECTION 20 The City Clerk hereby is directed to post, for five days
on or near the door of the Council Chamber in the City Hall, a
notice inviting sealed proposals or bids for doing the work ordered
and referring to the specification on file, and to publish, for
two days, a notice inviting such proposal, in the "West Covina
Tribune", a newspaper published and circulated in the City of West
Covina, the first of which puW ications shall be not less than ten
days before the date-the'bids are to be opened.
SECTION 3. Reference hereby is made to the Resolution of Intention
for a description of the work, the assessment district, the bonds to
be issued, and for further particulars.
SECTION 4. The City Clerk shall certify to the adoption of this
resolution, and thenceforth and thereafter the same shall be in
full force and effect.
Motion by Councilman Heath, seconded by Councilman Pittenger, that this
resolution shall be spread, in full, upon the Minutes.
Motion by Councilman Pittenger, seconded by Councilman Heath, that said
Resolution shall 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. 1807
RESOLUTION NO. 1808 The City Clerk presented:
District A111-57-3 "A RESOLUTION OF THE CITY COUNCIL ORDER -
(Central Business District) ING EMINENT DOMAIN PROCEEDINGS FOR THE
ADOPTED ACQUISITION OF NECESSARY RIGHTS OF WAY"
(A'11-5?-3)
Ordering condemnation of certain rights of way necessary for the
installation of sanitary sewers in Lark Ellen Avenue and Stuart Avenue
Sewer District.
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RESOLUTION NO, 1808 - continued
Page Nine
City Manager Aiassa. In view of the short time we-have'to
work to close this easement acquirement
it was suggested after a staff meeting
and a meeting with Mr. Sorenson that we go through condemnation so that
we could immediately take possession of the land. There are two or
three of these easements scattered all over.
After considerable discussion we met with four of the principles who
have the largest easements and we couldn't resolve any reasonable
settlement with them and if four would give easement the others would be
reasonable as to the development in this matter.- Mr. Sorenson indicated
that the one easement the City has acquired, since it has not been
recorded, should be returned to the property owner And thereby bring
his property under the over-all condemnation action. This would put
every easement holder in the same status and there can be no question
at a later date as to the equality of appraisal and payment for property
acquired.
In pursuing this condemnation procedure, Mr. Russell on April 4th took
all easement descriptions to Mr. Sorenson's office and then accompanied
him to the Titie In$urance and Trust Company for immediate title searches.
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
Said resolution was given No. 1808
STRAWBERRY CAB COMPANY LOCATION. 15260 Fairgrove Avenue, La Puente
To operate a taxicab service
in the City of West Covina Mayor Brown opened the public hearing and
DENIED stated that all those desiring to present
testimony should rise and be sworn in by
the City Clerk.
Mr, Meisel, applicant, of 15260 E. Fairgrove Avenue, La Puente, stated
that he desired to present rebuttal only.
IN OPPOSITION
Mr. Lee Stallins of the Yellow Cab Company read, in part, Ordinance No.
574, Section 4, Item 50
We have four taxicab licenses here in West Covina and we operate 1 to 3
cabs and feel there is no need for any more taxicab permits to be
issued in the City.
In the northeastern section of the telephone director he is listed
p Y
there as the Yellow Cab Company of La Puente and doesn't or isn't
operating Yellow Cabs.
Mr, A. McQueen I have five licenses here in the City
1414 Shamwood Street and I feel we have sufficient coverage
in the City. I am adding four more cabs
and we also have another company which
has a license in here so we feel another cab company would be too many,
Co C. 4-11-60 page Ten
STRAWBERRY CAB COMPANY - continued
IN REBUTTAL
Mr, H. Meisel- The applicant is the Strawberry Cab
Company and not the Yellow Cab Company,
From the statements placed in opposition it would seem they also admit
the necessity of another cab company as Mr. McQueen states he is putting
on four more cabs.
We have numerous requests from West Covina back to La Puente and with
the idea we. will be giving better and quicker service we are making
this application.
There being no further testimony,, the hearing was declared closed,
Councilman Pittenger: I would like to ask Mr. Meisel if he
has licenses to operate in Covina,
Baldwin Park or other areas to the north,
Mr, Meisel: No, I do not.
Councilman Barnes: I notice you only have $10,000/20,000 on
PL and $5,000 on PD. Do you feel that
this coverage is quite adequate?
Mro.Meisel: I believe our limits are $10,000/20,000
on PL - it is what I am carrying now.
. Councilman Barnes: This says $5,000/10,000,
Councilman Heath: It seems we have three cab companies
in the City and I think they should
amply cover the City. I see no reason
for another one coming in. If more service is needed I feel these com-
panies can cover it very well. I have been satisfied with the way the
service is set up now, and if necessary it will expand within the present
companies.
Councilman Mottinger: Hs3w can we determine if we are having
adequate taxicab service? I am not
closely acquainted with this matter as
I do not use the service myself. Is there any agency in town,or the
City Hall staff, who might determine whether there is a need for better
taxicab service? There has been only personal opinion rendered so faro
City Manager Aiassa: We might do two things - check with the
Chamber of Commerce, who might be inter-
ested in such service as it affects
the community, or possibly do some investigation ourselves. However,
it is difficult to measure such a matte'° as the City is apread out so
far,
Councilman Mottinger:. I realize that and if there is adequate
coverage it would not be necessary to
bring in a new company, but by the same
token we do not want to discourage business ,coming into the City,
Mayor Brown: I believe at our previous discussions
on these matters it was indicated that
if it was desired to keep out any other
such type of companies it should be made known to us just what the
revenue was out of West Covina so it might be used as a yardstick of
judgment,
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C, .Co--�-4-11-60 Page Eleven
STRAWBERRY CAB COMPANY - continued
Councilman Heath: We have three such -companies operating*
within the -City and they are competing.
If there is more. -of a demand for -taxicabs
and.,no:'proper service from one company, people can go to -another., -Out
of three companies there should be someone that knows whether he is
giving service and should add to his fleet of cars. I think this would
be;,the'best indication if good service is being given or not and since,
thl.e`are operating in competition against one another, and in the
event there is not good service being given, one of these companies will
add;mor'e cars to his fleet to give that service.
Mayor Brown: I believe you are correct. One cab
company went under in the last year or
City Attorney Williams:
Mr, Meisel:
City Attorney Williams:
,.Mro.,Meisel:
City Attorney Williams:
Mayor _Brown:
City Attorney Williams:
Mayor Brown:
year and a half.
Is this a 1954 Plymouth and 1956 Ford
being operated?
Yes >s
This isn't a corporation, I take it?
It is a trade name only.
Where is it being operated now?
In La Puente.
Under "Yellow Cab"?
No, application is under name Strawberry
Cab Company.
Councilman Pittenger: I think the fact that the operation ori-
ginates in La Puente,and might give us
service up here,might be.a factor.
I do not know if the present cab services are licensed for, or going to,
La Puente.. Are you owners licensed to La Puente?
Mr.:`Stallins.- Yes, and West Covina, Baldwin Park and
E1 Monte.
Mr. McQueen: Yes, and Covina, West Covina and Baldwin
Park.
Councilman Pittenger: It would appear from that, there is ade-
quate transportation to La Puente if
these people can put additional cabs on
to give service. I do not particularly like this ordinance restricting
business coming into the City, although the County has a similar ordin-
ance.' We are here to enforce our ordinances so we have no other peroga-
tiveo As much as I do not like to, I will make the motion to deny.
Motion by Councilman Pittenger, seconded by Councilman Heath and
carried, that the application of the Strawberry Cab Company be denied
on the finding there is adequate taxicab transportation in the City.
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C,="C, 4-11-60 Page Twelve
PROPOSED AMENDMENT NO. 38' A proposal to amend certain provisions
City Initiated of Ordinance Noo 325 Zoning Ordinance
APPROVED AS STIPULATED relating to the uses permitted -in the-_
C-2 Zone, regulation of service stations,
the creation of --a civic center district
and•.''repealing all provisions relating to the C-R Zone.
Mayor Brown opened the public hearing and stated that all those desir-
ing to present testimony on this matter should rise and be sworn in by
the 'City Clerk,
Mrs. Audrey Schwarz of 1719 Shamwood Street, West Covina, presented a
report dated March 26, 1960, relative to this area. -The-City Clerk
presented and read the report in full, and Council accepted it for the
record.
There being no further testimony, the hearing was declared closed.
City clerk Flotten: I believe Council has copies of the
Planning Commission Resolution No, 876
relative to this matter.
Members of Council read the Resolution referred to on an individual basis.
Councilman Mottinger:
I would like an interpretation of
Sections 4 and 50
--City Attorney Williams: Section 4 amends Section 1000 in that
filling station use is taken out as an
automatic use in C-2 but put in as an
automatic use in C-3a Section 5 amends Section 1200 relating to Unclass-
fied Use Permit and permits filling stations in C-1 and C-2 with the
granting of such use under an Unclassified Use Permit application but
not with it.
Councilman Mottinger: You would have to read both ordinances
to pick this up.
City Attorney Williams: Those now existing would continue to
exist, but for such use in future C-1 or
C-2 they can only come in by Unclassified
Use permit, with right to appeal.
Councilman Barnes: Would the same apply to Section 27
City Attorney Williams: I would assume it would and that they
have one if they are already existing,
Mayor Brown: Something doesn't read quite right in
there: -:perhaps there should be a period
or comma placed somewhere.
After the City Attorney looked over the section referred to he indicated
the word 'which" should be deleted.
Councilman Barnes:
City Attorney Williams:
The same thing would exist in Section 2
under cabarets and automobile agencies?
They were permitted before. This isn't
a new amendment; it was done about a
year ago.
Mayor Brown: On page 3 there is reference to all land
lying between the center line of
San Bernardino Freeway, etc. Do you
mean extend this east of Sunset Avenue?
C. C. 4-11-60
PROPOSED AMENDMENT NO. 38 - continued
Page Thirteen
Mr. Joseph: Sunset Avenue forms a "Y", with -one
portion leading to the Freeway and the
other portion going under the Freeway
and both are known as Sunset, so we had to distinguish between which
Sunset. We meant most easterly property line since there are two
Sunsets existing at the present time.
Mayor Brown: Most easterly line on Sunset or private
property in there?
City Attorney Williams: That is the depth of the shallowest
piece of property on east side.
Mayor Brown: Most of the property on the east side
is developed.
Mr. Joseph: Not within 300 feet.
Mayor Brown: We discussed that and if you added this
it would mean a lot of changing of park-
ing, electroliers, etc.
City Attorney Williams: Not unless they build,- it doesn't take
in any buildings.
Mr. Dosh: There are possibly some buildings
within 300 feet, I think there are two.
Councilman Heath: We should include that area under the
proposal for C-R, whatever that district
was.
Maps of the area were presented by Mr. Joseph for clarification of the
area, as outlined and defined for the proposed ordinance.
Mayor Brown:
It should be a line back to front
Sunset rather than 350 feet easterly
of it.
Councilman Heath: Actually, if you have this zoning apply-
ing to the property at the southwest, which
faces the civic center, you also should
zone that property to the southeast facing the civic center.
Mayor Brown: The majority that is close to the civic
center is already built and built
within 300 feet.
Councilman Heath: Would this make the present development
change in any manner?
City Attorney Williams: Not unless altered or added to.
Mayor Brown: This would mean that anything that is
. now developed there would have to conform
to this. That area near Service has
already developed or is in the process.
Councilman Mottinger: I would be inclined to agree with Mayor
Brown on this. We have discussed this
particular problem before and because
development has been done on the easterly side of Sunset, and also be-
cause of a rather remote condition of the street getting wider and all,
C. C. 4-11-60
PROPOSED AMENDMENT NO. 38 - continued
Page Fourteen
Councilman Mottinger - continued:
and you have one street and drainage ditch between the two Sunsets,
it probably wouldn't enhance the civic center area as an area across
Sunset. If we had a virgin situation here it might be different.
Councilman Barnes: If we want to be fair about this -and
ask all other business be set back 300
feet from the civic center area this
should apply on this area also. If we consider the whole piece, we
should consider everything.
Mayor Brown: Originally, they wanted to make it 300
feet north of the Freeway, too. The
property east of Sunset isn't feasible
to come up to this and to compete against buildings already there
which are not in conformance.
Councilman Barnes: If you apply it to Sunset on the
easterly side and follow that line
where you have a point going up on the
map in red,- would it also be continued from Sunset on the westerly
side?
City Attorney Williams: It would be the same as if you said
300 feet from the northwesterly line
of Sunset.
Mayor Brown: The property is close to the corner of
Servkce, adjacent to Japanese school
house.
Councilman Heath: The idea is to protect the Civic
Center and if you protect it from one
side you should protect it from all
sides, except the Freeway.
Mayor Brown: The majority of those buildings are
already in. Now you want the man who
owns undeveloped property in that area
to meet these requirements, whereas those which are already in would
not do so - his land would be much cheaper. I would hate to be caught
on property that had such restrictions while neighbors did not. How
would you ever get a tenant?
Councilman Pittenger: Perhaps we could figure the easterly
side of the western extension of Sunset
as the base line. I agree it is not
fair to property owners that some people have already built closer
than 300 feet and others did not, and those people are further away
from the Civic Center than those buildings already constructed. We
should go back no further than existing buildings with any restrictions
and if we use the easterly side of westerly extension of Sunset.....
0 Councilman Barnes: How far are these buildings?.
Mayor Brown: About 100 feet from the easterly side
of Sunset.
Councilman Heath: Any new buildings going in then will
have parking area in the front and won't
be an asset if they do not come under
the proposed ruling. You will get no protection from the east in here.
C. C. 4-11-60 Page Fifteen
PROPOSED AMENDMENT NO. 38 - continued
Mayor Brown: All that is there already is closer -'to
the Civic Center than to the'"Y" and
parking is already developed.
Councilman Heath: Only extend back 100 feet from Sunset
any development -put in. You are talking
about parking lot, not building, so if
you go back 100 feet on Sunset you may as well draw the line on Sunset.
If you are not going to protect the Civic Center from here then 100
feet from Sunset is enough, but if you are going to protect the Center
then it should be back 300 feet.
Councilman Mottinger: Establish a boundary as being in front
of existing buildings so you will have
a depth of say 150 feet or whatever the
buildings might be set back, as boundary of Civic Center area so tha-t
we would have control in case --there was to be built some kind of im-
provement adjacent to the street.. I think;we-could accomplish what
we want by including the frontage along the street, and that would not
affect area in the back.
City Attorney Williams:
It leaves out existing buildings, but
if the area gets valuable enough to
build on the street it would destroy the
overlay.
Councilman Mottinger:
If we determine the distance the build-
ings are back, it probably isn't too
far, about 50 feet from the center of
the street.
Mr. Joseph:
The Super Market is approximately 280
feet back from the easterly property line.
Councilman Mottinger:
How far are the other buildings from
street?
Mr. Joseph:
About 90 to 100 feet back.
Councilman Mottinger:
If we establish Civic Center line as
100 feet from centerline of street....
City Attorney Williams:
How wide is the street.
Mr. Dosh:
A 100 foot R/W.
City Attorney Williams:
If you measure from the westerly line =
170 feet from west line to the paint
store?
Mr. Joseph:
Yes, just about that.
Councilman Heath: It is sort of ambiguous talking about a
distance twice the length of this room
and if it makes a difference I do not
know what the difference would be.
Mayor Brown: Considerable distance. We're not
talking about an imaginary line, we're
talking about money to people.
Councilman Heath: If we're talking about 70 feet from the
center line, then knock it down from
the street because you wouldn°t.protect
it (Civic Center).
I
C. C. 4-11-60 Page Sixteen
PROPOSED AMENDMENT NO. 38 - continued
Mayor Brown: You'd protect, it if they wanted to
move closer to the street.
Councilman Pittenger: It would protect appearance from the
street.
Councilman Heath: How would it develop without parking
in there?
Mayor Brown: Most of it has enough property to have
parking in the rear.
Councilman Heath: Chances are they'll put parking in front.
Councilman Mottinger: The Planning Commission didn't want
parking in front of the buildings and
thought it would prove detrimental, and. -
that is the way we wanted to control the center area.- Protect undevel-
oped frontage as it stands and prevent any further encroachment into
that area without architectural overlay and we would accomplish our
objective.
Councilman Heath: You are talking about a distance twice
the length of this room. Buildings
back twice the length of this room re-
quire no architectural overlay.
Councilman Mottinger: The only reason we are qualifying this
is because there are buildings already
there and we do not want to impose un-
necessary restrictions upon further buildings in there and their pro-
perty owners.
Councilman Heath: How much of a penalty would we be putting
on these property owners?
City Attorney Williams: You would be putting a penalty on
vacant property not built with buildings
because they otherwise would be going
in without complying, without this conformance. But if present build-
ings were replaced or enlarged then they would have to conform.
Councilman Heath: Suppose this piece of property next to
the Super Market wants to develop and
has this restriction on him, how much
penalty does he have on him developing this land either cost wise or
construction wise?
Mayor Brown: I do not think the City Attorney can
answer that, he isn't a contractor.
Councilman Heath: What would the developer have to do
differently under this zone than if
under present zone?
1 City Attorney Williams: Submit to the City for approval of the
following: exterior artchitectural
design, general exterior appearance,
landscaping, color, texture of surface material and construction.
City would take in consideration of shape, etc., including public
utility facilities. Some of these things are now taken into considera-
tion but there are other things that would have to be specifically
considered in the center area. If this would cost more to comply, I do
not know.
1%
•
C. C. 4-11-60
PROPOSED AMENDMENT NO.38 - continued
Page Seventeen
Councilman Heath: If a man wants to build an A=l class
building this wouldn't.hurt him, would
it?
City Attorney Williams: I do not think so. The City is always
confronted with this by upgrading.
Councilman Heath: For that reason, move it back on Sunset
as at Service. If you are not going to
enforce similar future development
along Sunset to comply,why require people on Service to do it?
Councilman Pittenger: One thing is a wider road separating
the project.
Mayor Brown: Beginning at the northeasterly point,
following back from the northeasterly
point of Sunset, and you get way back
there, you get almost 300 feet between the two roads now and nothing is
going into it, it is a drainage ditch.
Councilman Barnes: We're talking about 170 feet on one
side and 300 feet on the other - that is
what you are talking about.
Councilman'Heath: I feel if this Civic Center develops
the way the Master Plan shows, being a
large Civic Center in this spot I do
not see why the property developing on Service Avenue would have to be
enhanced when directly to the east you have no restrictions.
Councilman Pittenger: We are talking about restrictions. We
are just moving it up -closer than 300
feet. The easterly side of Sunset is
going back 170 feet and the northern part is going back a good deal
further than that.
Councilman Heath: I think there was a good point brought
out by Mr. Williams regarding upgrading.
City Attorney Williams: Upgrading gives benefit to those
already built and imposes on the
builder who hasn't built yet.
Mayor Brown: I still feel it is a handicap to pro-
perty owners.
Councilman Heath: I do not think we want to hold this up.
Start at the farthest distance and work
down in increments and let Council vote
on each increment.
City Attorney Williams: If 70 feet measured from east side.....
Councilman Pittenger: We're talking about 170 feet from
westerly side.
Councilman Heath Use westerly side as basis and come
back 300 feet.
Councilman Pittenger We have stores there that are closer
than that. This is what the problemis.
If you do not put the same restrictions
on them as on other people who haven°t developed under them you
penalize them.
C. C..4-11-60
PROPOSED AMENDMENT NO. 38 - continued
Page Eighteen
Councilman Barnes: You feel 170 feet, -which is from the
westerly side of Sunset, at that point
where those buildings are, continue
00 north from that point and then go on the easterly side and continue
that distance or just go up to where the ditch is shown on the map?
•
•
Councilman Pittenger:
Councilman Barnes:
Councilman Pittenger:
Keeping back from Civic Center site.
Wouldn't it follow the easterly side?
It wouldn't make any difference, just
control how far back they set.
Motion by Councilman Pittenger, seconded by Councilman Mottinger and
carried, that Proposed Amendment No. 38 be approved as indicated under
Planning Commission Resolution No. 876, with the exception that we
change Section 6 to read "all land lying between center line of
San Bernardino Freeway, a line 70 feet easterly of most easterly pro-
perty line of Sunset Avenue".
INTRODUCTION
Ordinance amending certain
provisions of Ordinance
No. 325 relating to uses
permitted in C-2 zoning
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 THE USES PERMITTED IN THE-C-2 ZONING,
REGULATION OF SERVICE STATIONS, THE
CREATION OF A CIVIC CENTER DISTRICT AND
REPEALING ALL PROVISIONS RELATING TO
C-R ZONING"
Mr. Williams indicated he had deleted the word "which" asindicated in
earlier discussion, and changed 300 feet to 70 feet, and that the
rest remained the same.
Mayor Brown:
Hearing no objections, we will waive
further reading of the body of the
ordinance.
Motion by Councilman Mottinger, seconded by Councilman Pittenger
and carried, that the ordinance be introduced and given its first reading.
Mayor Brown called a recess. Council reconvened at 9:35 P. M.
PROPOSED AMENDMENT NO. 37 A proposal to amend Section 1405 of
City Initiated Ordinance No. 325 (Zoning Ordinance)
HELD OVER TO 4/25/60 re: "Translating Potential Classifica-
tions to Permissible Use", to require
Precise Plan of Design.
Approval recommended by Planning Commis-
sion Resolution No. 880.
The City Clerk read.the resolution of the Planning Commission.
Mayor Brown opened the hearing and stated that all those desiring to
present testimony should rise and be sworn in by the City Clerk.
There was no testimony presented.
•
•
C. 4-11-60 Page Nineteen
PROPOSED AMENDMENT NO. 37 - continued
Councilman Pittenger indicated he felt -there should be further study -
on this and perhaps the new Council should study it further. Council-
man Heath stated that although the new Council would have to -live
with it, it would take some time for the new members of Council to
become acquainted with various procedures and if the matter is of any
importance perhaps this Council should act upon it since it knows
what it is about.
Councilman Mottinger questioned as to whether this wasn't just a
clarification of the present ordinance and not a change, and the City
Attorney replied in the affirmative and that the present ordinance
reads in such a way as to not to make it too clear as to the meaning
in the wording of it and this would clarify the matter.
Motion by Councilman Heath, seconded by Councilman Mottinger and
carried, that this matter be held over and continued until Council
meeting of April 25, 1960.
RECREATION AND PARRS Expenditure allotted for park beauti-
ficAtion and improvement.
The City Manager indicated that Council had received a breakdown
relative to the $9,500.00 expenditure of Recreation and Parks and that
he felt Council should look it over and tefer any comments or notations
to him.
Councilman Pittenger:
City Manager Aiassa:
Councilman Pittenger:
I see something about the purchasing
of some big trees at $4.5.00 a tree.
Why are they in such a hurry to get
these up:? -
We have some desolate looking parks.
We have grass in and I think we can
wait on trees for a little while.
City Manager Aiassa: These are good size trees and we are
getting a good discount from the
nursery on them as they have to get
rid of them after a certain time when they become so large. There
weren't many trees purchased at that price.
Councilman Pittenger: We didn't say spend this for trees and
shrubbery, we said improvements, and
that includes playground equipment, etc.
City Manager Aiassa: We had the same idea and looked at
those planted in Cameron and in four
years these will give good shade while
the smaller ones will take from 5 to 7 years before they serve any
purpose.
Councilman Pittenger: Was this approved by Commission?'
City Manager Aiassa: This was approved by Commission, but
they desired to show this to Council
since you gave them what almost amounts
to a blank check. However, the trees are a small portion of the expen-
ditures of the monies allotted.
Councilman Barnes: There are only a few of these large
trees and if they expire they will be
replaced free of charge and they do
give much more shade because of their size.
C, C, 4-11-60 Page Twenty
RECREATION AND PARKS - continued
Councilman Mottinger: So far as expenditures on park beauti-
fication, we did delegate this project
to them and spent quite a bit of time
studying it. I think they are pretty farm in.their belief that'this
is a proper way to spend the money allotted to do the most good, and
it would be my feelings we should confirm their request and permit
this money to be spent as they have suggested.
Councilman Pittenger: I still feel we should have equipment
before this $45.00 expenditure for trees.
Councilman Barnes: Is there to be any purchase for park
equipment?
City Manager Aiassa: Yes, it is outlined as to benches and
other things.
Mayor Brown: As a City Council if we are always going
to specify what to do in City parks, I
do not see why we have this Commission
then, They are capable men and I believe they can handle it properly
and should be permitted some leeway.
Motion by Councilman Heath, seconded by Councilman Mottinger, that
Council approves the proposal of the Recreation and Park Commission
to spend the $9,500.00 for park improvements as per their recommenda-
tions. Motion passed on roll call as follows:
• Ayes: Councilmen Heath, Mottinger, Barnes, Mayor Brown
Noes: Councilman Pittenger
Absent: None
WRITTEN COMMUNICATIONS
City Clerk Flotten: We have a communication from the West
Covina Coordinating Council Board re-
ferring to the Minutes of October 13,
1959, as follows:
"Mrs. Van Dame questioned as to the possibility of placing on
_the ballot the issue of swimming pools in the City. Mr. Brown
indicated this had been done and nothing had come of it. Council-
man Heath indicated that post cards had been sent out to a cross
section of the City by the Coordinating Council and people defi-
nitely had indicated from the return of the cards they were not
so much interested in the pools as in street improvements and
sidewalks and sewers, Mrs, Van Dame was of the opinion this
issue should be brought out again anyway."
The request in the communication was to delete the words "Coordinating
.Council" and to have the Council review the subject and clarify the
Minutes.
Councilman Heath: My memory isn't that good, I do not re-
member saying this. I think it was
someone else. I looked into this and
4t indicates the "Coordinating Council" but to the best of our knowledge
it was the Youth Council. I sat in with Judge Martin and whichever
group he was connected with. I would like to suggest we change our
Minutes in any way that we can to eradicate "Coordinating Council" and
insert "Youth Council
•
C. C. 4-11-60
Page Twenty -One
WRITTEN COMMUNICATIONS - continued
Councilman.Pittenger: Just delete "Coordinating Council
We do not know if it was the Youth
Council.
Councilman Mottinger:
It went out through schools and P..T,A.
Motion by Councilman Heath, seconded by Councilman Barnes and carried,
that the Minutes of October 13, 1959 be changed to strike out the
words "by the Coordinating Council" and add the word "the" before the
word "people" relating to Mrs. Van Dame's comments about swimming
pools.
It was indicated that the City Clerk advise the Coordinating Council
that this matter has been officially taken care of,
Mr, Bloom: Several people in this room addressed
cards and stuffed envelopes which were
sent to about every fifth person in the
registered voters list and we do not know how many of these people
actually had swimming pools,
AIRPORT LIMOUSINE SERVICE City Clerk Flotten: We have previously
presented to you an application of the
Airport Service, Inc., to conduct
limousine service to airports. They have now sent us a communication
indicating the application is now before the Public Utilities Commis-
sion and if you would favorably consider supporting the proposed ser-
vice they would appreciate a resolution directed to the Utilities Com-
mission. The Chamber of Commerce has drawn up a resolution in favor
of this service and we have one to present for your favorable de6isione
RESOLUTION NO,'.1809
Citing need for scheduled
public transportation to
airports
ADOPTED
Mayor Brown:
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA CITING THE -
NEED FOR ESTABLISHMENT OF REGULARLY
SCHEDULED PUBLIC TRANSPORTATION BETWEEN
WEST COVINA AND LOS ANGELES INTERNATIONAL
AIRPORT"
Hearing no objections, we will waive
further reading of the body of the
resolution,
Motion by Councilman Barnes, seconded by Councilman Heath, that said
resolution be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Heath,
Noes: None
Absent: None
Pittenger, Mottinger, Barnes, Mayor Brown
Said resolution was given No, 1809
CITY MANAGER REPORTS
STOPS AT LARK ELLEN AVENUE A letter from the State Division of
AND FRONTAGE ROAD Highways indicates that a 4-way boule-
vard stop at this intersection is advis-
able with action to be taken as quickly
as possible.
n
�J
I
C. C. 4-11-60
Page Twenty -Two
CITY MANAGER REPORTS - continued
Mayor Brown: Is that stop on both sides, at off -ramp
and south of Frontage Road on the Avenue?
City Manager Aiassa: For the present it will be a four way
sign installation.
DEPOSIT REFUND Tract Nos. 18073-21524 - Mr. Millar
Council received a report on this matter
and after a lengthycost breakdown by Mr. Lathrop the matter ends up
that the net amount of refund is $740.00. This was checked outwith
staff and it would appear this is a valid amount of refund to Mr. Millar
for these tracts.
Motion by Councilman Pittenger, seconded by Councilman Barnes, that
Mr. Millar receive a refund in the amount of $740.00 relative to
Tracts No. 18073 and 21524. Motion passed on roll call as follows:
Ayes: Councilmen Heath,
Noes: None
Absent: None
PROJECT C-69
AGREEMENT AMENDMENT
way, relieve them of any of
matter of wording.
City Attorney Williams:
Pittenger, Mottinger, Barnes, Mayor Brown
This is an agreement with the_West Covina
School District"pertaining to Wescove
School regarding which Mr. Dosh met
with Mr. Eastman. This does not, in any
their original commitments but is just a
So far as I can see there'is no major
change.
Motion by Councilman Heath, seconded by Councilman Nottinger and
carried, that the Mayor and City Clerk be authorized to sign the
amended agreement relative to Project C-69.
ZONING FEE CHARGE
Recommendation of the Planning Department.
City Manager Aiassa: We felt i,t advisable
to send these back to the Planning
Commission because they would have to administer it. Council has re-
ceived copies of this. At their meeting of April 6, 1960, the Commis-
sion unanimously voted in favor of this proposed scale of zoning fees.
City Attorney Williams: This $125.00 on the zone change appli-
cation,- that would include going to
Council although if the recommendation
of the Commission was for denial it does not automatically go to Council
unless appealed. If it goes to Council then I would assume the appeal
fee should not apply to that zone change.
Councilman Heath: I take my favorite stand on the matter
again and would remind Council as to this
fee for appeal. The Planning Commission
,refuses to grant a request and it is appealed to the Council and there
is a fee of $25.00. I would like to remind the Council that the Commis-
sion is staff and being staff they are nothing more than an advisory
group bas$ng their decision wholly and -completely on the laws -and rules
directly before them and cannot, and are not, permitted to deviate from
them. Therefore, if, -a' man is requesting the slightest deviation from
the rules set down, the Commission has to reject his request and then
you penalize the man by making him come to the Council. In other words,
•
11
C. C. 4-11-60
ZONING FEE CHARGE - continued
Councilman Heath - continued:
Page Twenty -Three
if a man wishes to have a slight deviation from the rules -he is penal.-
ized to the extent of $25.00 to get this decision by Council. I do not
feel there should be a fee for appealing and on this basis I would like
to qualify my "No" on this vote.
Councilman Pittenger: I think you are confusing the Planning
Department with the Planning Commission
as to latitude and they have no latitude
as they have to follow what is indicated and the Commission can
recommend to the City Council. The fee is for the time taken for post-
ing property, stamps, mailing notices, and is somewhat based on the
time it must take. A man doesn't have to appeal and only does so be-
cause he thinks he will gain by appealing.
I think if there is any charge it should be on appealing, and it is
the smallest fee charged, but it should be charged.
Councilman Heath: A man should have the right to appeal
without being charged for it and the cost
should be absorbed into something else.
Councilman Pittenger: Your liberty stops where my nose begins
\~ and he shouldn't be allowed to take up
time for nothing if nobody else can.
You are then taxing the taxpayer.
Couriciliftan Heath: The taxpayer shouldn't be charged but
the applicant's case should be allowed
to be appealed, and by possibly adding
a small amount to the other fees you can get by without an appeal cost
from him or general fund.
Councilman Barnes: I can see in this particular case where
there is some cost applied to this, by
staff, but you can make these come out
just about the way you want to. The first thing on the zone change was
$100.00 and then it came to this point and have raised it to $125.00
and in the end you can still justify it. I think we should look at
these realistically. One item here doesn't have Council on it at all.
I think that is where some study should be made on it.
City Attorney Williams: It would appear on the face of it, to be
somewhat inconsistent, as the variance
and unclassified use permit follow the
same procedures same notice, hearings and procedure precisely, yet one
would be $50.00 and the other $100.00.
Mayor Brown: You advertise an ordinance twice.
City Attorney Williams: Neither have an ordinance, both are by
resolution and under the same section.
City Manager Aiassa: I think this matter should be referred
to the City Attorney.
Motion by Councilman Heath, seconded by Councilman Barnes, that this
matter be referred to the City Attorney.
CouncilmanMottinger: I do not think this is a matter for the
City Attorney. I felt that the fees
that we charged were not sufficient to
cover the cost, but until we can determine for sure these figures have
Co C. 4-11-60
ZONING FEE CHARGE - continued
Page Twenty -Four
Councilman Mottinger - continued:
been properly enumerated I might be reluctant to accept them. If the
00 figures have been properly arrived at, they should reflect the cost
but if a variance and permit follow exactly the same procedure, and I
believe Mr. Williams to be correct, maybe there is an error.
•
City Manager Aiassa: However, there is a very significant
difference in the staff time consumed by
these two items,
'Councilman Pittenger: 8 hours for a variance and 21 hours for
a permit.
Councilman Mottinger: The point taken is a good one and since
a time analysis was prepared by the
City Manager and his staff I believe we
could reasonably be sure the results are corrects
Councilman Heath and Councilman Barnes withdrew their motion and second
-to. -.refer this matter to the City Attorney, as this isn't a matter on
which the City Attorney can concern himself.
Mayor Brown: It is costing $75.00 out of the taxpayers'
pocket and I can't see sitting still and
not enacting this as the longer we hold
up on it we are losing money.
Motion by Councilman Mottinger, seconded by Councilman Barnes, that
the zoning fee changes be accepted as presented to Council. Motion
passed on roll call as follows:
Ayes: Councilmen Pittenger, Mottinger, Barnes, Mayor Brown
Noes: Councilman Heath
Absent: None
RADIO FREQUENCY Council was advised about a year ago
that the F.C.C. was going to make some
changes in radio bands and frequencies
in this area and made request to apply for another frequency, making a
different change in 63. We have the application on file so that if
any changes were made this particular bid would be made.
Motion by Councilman Heath, seconded by Councilman Barnes and carried,
that the City Manager be instructed to coordinate with the cities of
Covina, Azusa and Glendora relative to an application for a radio
frequency band change for the Fire Departments.
WEST COVINA MERCHANTS We have an item of information as to
GIFT SOLICITATION policy recommendation from the Chamber
of Commerce regarding this matter which
indicates they do not feel they are in
the position not to recommend permission relative to the Covina School
District since students attend school in both districts.
Po A. SYSTEM FOR Report from Mr. Vaughn Walters relative
COUNCIL CHAMBERS to a public address system installation
in the City of Monrovia suitable for
purposes here.
L_ I
0
C. Co 4-11-60
CITY MANAGER REPORTS - continued
Page Twenty -Five
EMERGENCY POWER Under the CD program you have received
copies of this. It will probably cost
us $2,500.00 but will be done under
matching funds.
Councilman Barnes: What about power system at Police Station
and next door at Corporation Yard?
City Manager Aiassa: That is required. We can do this very -
inexpensivelyo We could have authoriza-
tion from Council to proceed with this
emergency power. However, it is actually an administrative matter and
if you would so desire I can proceed on this.
It was the consensus this be done administratively.
SUBURBAN WATER SYSTEM Stockholders meeting on April 20, 1960
at 5:00 Po M. Councilman Heath was
designated by Mayor Brown to attends
M1 SCELLANEOUS.SHORT REPORTS The City Manager itemized, very quickly,
some 20 items relative to Regional
Library, Vincent Avenue Extension and
storm drain at west side of Vincent, County Aid for Cameron Avenue
Bridge, Route 39, Badillo Drain, change in City Hall parking, uncurbed
and unguttered areas.in City, South Hills Country Club, street lights
relative to school participation, full inventory of City equipment,
annex to City Hall, bridges involved at Azusa, Lark Ellen and Hollen-
beck, amendment to Von's Market plan, budget schedule, etc.
CITY ATTORNEY
ORDINANCE NO. 654
rezoning certain property
(De Pietro)
ADOPTED
The City Attorney presented:
"AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA REZONING CERTAIN
PROPERTY LOCATED AT 149-150 ROBERTO'
AVENUE AND 1523-1545 DENNIS PLACE"
(Frank De Pietro)
Motion by Councilman Pittenger, seconded by Councilman Heath and
carried, that further reading of the body of the Ordinance be waived.
Motion by Councilman Pittenger, seconded by Councilman Heath, that
said Ordinance be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown
Noes: None
Absdint None
Said Ordinance was given No. 654
INTRODUCTION The City Attorney presented:
An Ordinance rezoning certain "AN ORDINANCE OF THE CITY COUNCIL OF
property (Sugar Constr. Co.) THE CITY OF WEST COVINA REZONING CERTAIN
PROPERTY LOCATED AT THE NORTHEAST CORNER
OF FAIRGROVE AND TONOPAH AVENUES''
(Sugar Construction Co,)
Motion by Councilman Pittenger, seconded by Councilman Barnes and
carried, that further reading of the body of the Ordinance be waived.
•
•
C. C. 4-11-60 Page Twenty -Six
INTRODUCTION OF ORDINANCE REZONING PROPERTY - continued
Motion by Councilman Pittenger, seconded by Councilman Mottinger and
carried, that the Ordinance be introduced and given its first reading.
Mayor Brown:
City Attorney Williams:
RESOLUTION NO, 1810
Approving Precise Plan
of Design No. 213
ADOPTED
Mayor Brown:
Since we will have
it be advisable to
meeting of Monday,
That is right.
a new Council would
adopt this at our
April 18th?
The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA APPROVING PRECISE
PLAN OF DESIGN NO. 21311 (Ferned Corp,)
Hearing no objections, we will waive
further reading of the body of the
Resolutions
Motion by Councilman Pittenger, seconded by Councilman Mottinger, that
said Resolution be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Heath, Pittenger, Mottinger, Mayor Brown
Noes: Councilman Barnes
Absent: None
CITY CLERK
NOTIFICATION FROM COUNTY Proposed Annexation No. 225, east unin-
BOUNDARY COMMISSION habited to the City of E1 Monte.
No protests.
LOS ANGELES COUNTY Request to solicit - July, 1960
EPILEPSY SOCIETY
Solicitation by let�ters, personal appeals,
radio, newspapers and television, and
in addition placement of collection cannisters in stores, restaurants
and banks with permission of their management. No door-to-door campaign.
Motion by Councilman Barnes, seconded by Councilman Heath and carried,
that permission to solicit be granted to Los Angeles County Epilepsy
Society.
LICENSE DEPARTMENT REPORT
March, 1960 - 1257 licenses
$51,347.50 total income
VON°S GROCERY COMPANY Application for off -sale general
liquor license.
No detrimental report from Police Depart-
ment. No action necessary,
1
0
I
Ca C. 4-11-60
-CITY CLERK - continued
Page Twenty -Seven
EASTLAND CHARITY FAIR Request of Eastland Businessmen's
Association - May 19, 20, 21 and 22, 1960.
Motion by Councilman Mottinger, seconded by Councilman Barnes, that
permission be granted to conduct Eastland Charity Fair as indicated,
subject to the approval of the various City departments.
REQUEST TO OPERATE CIRCUS This is located at the northwest corner
AT GARVEY AND CITRUS of Garvey and Citrus and was spdnsored
by the Covina Chamber of Commerce but
denied by Council when requested. Now
it is being sponsored, at the same location, by the West Covina Junior
Chamber of Commerce. They want to have this circus at this location
on April 16tho. However, it could have a detrimental affect on the
area as it is next to homes.on the west, with the exception of the
Raymond School for children and Akron's adjacent to it. It is C-1 and
C-2 zone.
Mayor Brown: It was indicated, I thought, that these
circuses would have to go through
regular ehahnelso
City Clerk Flotten: This request is way late. It can be
approved by Council in any zone but has
to have Council approval since it does
not have the 30 day notice and there is public health and safety to be
considered.by Council and Commission at all times. This is somewhat
detrimental to public health as there will be 20 elephants and other
menagerie animals. There will only be a circus ring show, no side shows.
The man has gone ahead with advertising,
Councilman Mottinger: We have fought to have these properly
processed in plenty of time for some
time now.
Mayor Brown: We had this same thing about 2 years
ago with the Junior Chamber of Commerce
and I felt that we_ ha-d-made it clear
then what we expected as to these being properly processed and the time
element.
Councilman Pittenger: Two or three times this has happened
at the Plaza And we discussed enforcing
what we have in relation to such matters
and I think we should start enforcing this thing, we have to start
somewhere.
Mayor Brown: I believe there should be enforcement
on this.
Don Adams, President,
Jr, Chamber of Commerce
the funds. We were stung
Covina Chamber of Commerce
but the Chamber called us
We weren't notified in time but the
Chamber of Commerce called up and stated
they would like the circus. We didn't
plan the circus, although we could use
two years ago and know the rules, but the
tried to put this in but were turned down,
and asked us if we would like to take it.
Councilman Pittenger: It would appear the Junior Chamber of
Commerce has no money invested in this
thing at this point so they won't be
hurt. We have this ordinance and should enforce it, although I do it
reluctantly, because people put us in a spot by spending money on ad-
vertising. We have notified the people through the newspaper of this
and I think it should be enforced,
•
I
C. C. 4-11-60
CIRCUS - continued
Page Twenty -Eight
Motion by Councilman Pittenger, seconded by Councilman Mottinger and
carried, that this request for a circus be denied.
PETITION OF REQUEST To consider the area between Barranca
RELATIVE TO CHANGE and Oregon and Virginia Avenue and the
OF ZONING TO R-3 Wash relative to the study being made
of zoning in the City. The petition has
11 signatures.
Motion by Councilman Mottinger, seconded by Councilman Pittenger and -
carried, that this matter of rezoning be referred to the Planning Com-
mission for their recommendations.
RESOLUTIONS FROM CITIES OF Re: Requesting producers, etc., of
LAKEWOOD AND LONG BEACH motion pictures to cease presentation
of films involving narcotics addiction
and other films violating the principles
of good taste.
DRAIN INLETS INTO Motion by Councilman Mottinger, seconded
WALNUT CREEK WASH by Councilman Barnes, that the amount
of $2,552.50 be transferred from the
special flood control fund to be sent
to the County of Los Angeles Flood Control District for work to be
done by the County Road Department on drainage inlets into Walnut
Creek Wash. Motion passed on roll call as follows:
Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown
Noes: None
Absent: None
COMMENTS BY MRS. VAN DAME I have been trying to get directional
signs for the City.and Mr. Dosh was
supposed to take me on a tour and show
me where they were. He did show me the one by the City Hall but I
think there should be one at the City Hall entrance to show where the
Police Station is. 'If there is no sign up against the building it is
not going to be seen. Don't you agree, Mr. Dosh?'
Mr. Dosh:
It has merit.
City Manager Aiassa: Possibly we can turn this over to
Mr. Dosh for report.
Mrs. Van Dame: The swimming pool idea wasn't presented
properly to the people the last time or
you -would have had them. There are 5,000
pools in the City but there are many children who have no pools avail-
able to them for swimming and I think it should be on the November ballot.
Mayor Brown: Perhaps what you state was true, but we
feel we would be spinning our wheels to
try for it again.
Councilman Mottinger: It might be time to make another try at
it. I think the Recreation and. Parks
Commission might be planning to revise
the Master Plan of parks and this should show the needs for swimming
C. C. 4-11-60
Councilman Mottinger - continued:
Page Twenty -Nine
pools and then they might be in a position to recommend what action
might be taken,
Mrs. Van Dame:
Councilman Mottinger:
Councilman Pittenger:
What about putting in on the November
ballot?
That might be a bad time for such a
matter to come up, but the Recreation
and Park Commission should recommend.
I think the November election is a bad
time to bring it up.
Councilman Barnes: The last five or six years we have put
extra money into buying park sites. I
think a determined effort should be
made by the Council toward developing something on these sites. We
should develop now if we expect our children to enjoy them. These de-
velopments should be placed in our present parks. One thing we can do
under the State aid to schools is that although we can't put a
swimmingpool on school grounds, what you can do is put the swimming
pool on City owned property next to a school and rent it to the school,
from the City, for approximately $39a10 per day. This would help to
keep up the maintenance of the swimming pools.
MAYOR'S REPORT
• SUBMITTAL TO CITY MANAGER City Clerk Flotten: We have a number
FOR OLD POLICE BUILDING of offers to purchase and lease the old
BY CIVITAN CLUB police building. We have an offer
within the last few days which may in-
volve a variance application and we are
trying to find out the best proposal so the City can make the most
amount of money. Zone C-1, Fire Zone II, is on the property now and
you run into very restrictive fire rulings which mates it almost
impgssible to sell it because the restrictions are so high. We are
trying to find out what is the best deal for the City and arrive at
the best conclusions.
Mayor Brown: I realize that but I do not believe the
Civitan Club could conduct the school
they want to conduct there. We have
been sitting on this due to fire regulations and couldn't allow them
to open up school in present buildings.
City Clerk Flotten: We spoke to them to that effect.
Mayor Brown:
Councilman Heath:
Mayor Brown:
They didn't understand it then, so
perhaps you should put it in writing and
mail it to them.
We shoudln°t consider leasing because
when we set up the schedule we figured
money from that to finance other fire
stations, *tco
Do Al oT
Inagree on the lease deal. I do not know
where that idea came from but the thing
is everybody seems to want to lease it,
C. C. 4-11-60
Page Thirty
CIYITAN CLUB BID FOR POLICE PROPERTY _ continued
City Manager Aiassa: Best thing to do is have fire drill on the
site and burn the building.
Mayor Brown: Maybe it might be worth more by the
building not remaining there. I think
we should get all the deals available
and have them ready for the new Council.
WALL ON WESCOYE-.PLACE,.,. To a.question of Mayor Brown about time
permitted relative to replacement of
the wall. on Wescove Place, It was indi-
cated that a 6 months time limit had been originally permitted.
BATTALION CHIEF WOLF Mayor Brown: I had occasion to be at a
dinner where our Battalion Chief Wolf
spoke on fire protection and other re-
lated items, and I would like to compliment him on how he handled him-
self and how well he knew his subject and conditions in the City and
-o`t-her communities. I think he is an asset to the City and the staff
and I feel he should be commended.
COUNCIL COMMITTEE REPORTS
TRAMPOLINE CENTER Councilman Heath requested that
• Unclassified Use Permit No. 44 and
Precise Plan No. 223, Trampoline Center,
be called up for hearing at Council.
CHAMBER OF COMMERCE Mayor Brown: Councilman Heath and I met
with the Chamber of Commerce last
Wednesday. Their contract, which runs
to July lst, will remain in effect. They will not indulge in political
issues locally or in the County and issues will be before full member-
ship and_not just the Board of Directors as was done in the past.
DEMANDS APPROVED
Motion by Councilman Heath, seconded by Councilman Pittenger, that
Demands in the amount of $79,264.01,as listed on Demand Sheets C-192
and C-193 be approved; Demands C-6666.and C-9711 having been voided;
this total to include fund transfers in the amount of $48,721.14.
Motion passed on roll call as follows:
Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown
Noes: None
Absent: None
Councilman Mottinger left the Chambers at 11:10 P. M.
C. C. 4-11-60
Page Thirty -One
DISCUSSION OF INTERPRETATION Mr. De Pietro: I have the -problem of
FOR PLACEMENT OF WALL ON a masonry wall to be constructed, but
DE PIETRO PROPERTY would like to know from where to where.
Mr, Joseph: This matter goes back to
1955 when he came in for approval of
this particular plan and Council passed an ordinance approving the
Precise Plan, as well .as the zone change. The ordinance at that time
was passed by Council indicating that a 6 foot masonry wall be in-
stalled along the easterly side of the property line. It is Item 6 of
Ordinance No. 490.
Mr, De Pietro questioned this as he did not feel the wall should go
from Garvey to the heavy blue line and I referred to the legal descrip-
tion of the property and the legal description describes that whole
piece of property on the dark blue line and the ordinance refers to
this particular piece of property. Mr. De Pietro feels that Council
did not mean this and desires an interpretation.
Mayor Brown: I believe I was the only one present
here on Council at the time of this
passing and I am sure that Mr. De Pietro°s
interpretation is correct. We shouldn't have asked for any block wall
on what would have been along R-2 property, only commercial property.
City Attorney Williams:
seems to be wrong and the
• to use the fruits of the
for interpretation, when
is left there now.
Mayor Brown:
City Attorney Williams:
The ordinance requires a wall, there
is no question about it, as indicated -
along whole easterly line. The thing
interpretation makes sense but for a person
thing and then that person comes in and asks
the fruit has been built, then only the burden
Nothing is built on there.
It wasn't when you placed this wall
there, either,
Mr, De Pietro: The original plan called for a building
on the middle of the lot but now we
changed it under variance 6 feet from
the easterly line instead of about 25 feet. If you want to put the
wall over there I will do so, but it will come about. 4 feet away from
the existing wall of the building. Another thirig over there we have a
window and this will block the window. However,that is my fault be-
cause when I submitted the application for the building I took it
for granted that changing the Precise Plan would not need the wall as
indicated before. For the R-2 lots we have.a resolution of January 24,
1957, of the Commission and there is nothing about the wall and that
is one of the reasons I felt the wall was below not above the R-2 lots.
However, I need to tell the contractor where to begin and where to end.
Councilman Heath: perhaps the City Attorney has answered
this for use The ordinance says it has
to be the full length of the property
41 whether the ordinance is written wrongly or not.
Mayor Brown: Start building the wall on thosstwo lots -
and ask for us to delete the wall up to
the commercial building because that is
commercial, so what is the difference?
Councilman Heath: Can we do that?
•
C C., 4-11-60 Page Thirty -Two
WALL ON DE PIETRO PROPERTY,- continued
City Attorney Williams: If you make an amendment you hold
hearings, but this man who has protested.
the wall has the right to -take 'the
matter to court. He better put it all the way because the man is
going to take him to court.
Mr. Joseph: The party who is objecting here is
objecting to the parking lot that he
can see from his back yard and is not
objecting from building to street, but from building back to parking lot.
Mayor Brown: The wall should cover the parking area,
City Attorney Williams: If he cameto back of the building.maybe
there would be no objection, and there
may be some sort of finding that the
building serves as a well as to the part where the building is, and
that might end the objections, and you can amend it in due course.
Build the wall from back of building all the way back.
There being no further business, !notion by Councilman Pittenger,
seconded by Councilman Heath and carried, that the meeting be adjourned
at 11:30 Po Me to Monday, April 18, 1960, at 7:30 Po M.
ATTEST:
City Clerk
APPROVED
Mayor -