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06-10-1957 - Regular Meeting - Minutes0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF VEST COVINA, CALIFORNIA, June 10, 1957 The meeting was called to order by Mayor Kay at 8.10 P.M. in the West Covina City Hallo The invocation was given by Councilman Mottinger. ROLL CALL Present. Mayor Kay, Councilmen Barnes, Brown, Mottinger, Pittenger • Others Present. City Manager; City Clerk and Assistant Administrative Officer; City Attorney; City Engineer; Planning Commission Secretary; Sanitation Engineer Absent. City Treasurer APPROVAL OF MINUTES Adjourned regular meeting of May 141 1957 - Approved as corrected Adjourned regular meeting of May 20, 1957 - Approved as submitted Regular meeting of May 27, 1957 - - - - - - Approved as submitted • SCHEDULED MATTERS RESULT OF OPENING BIDS. 1911 ACT ASSESSMENT DISTRICT For construction of sanitary sewers in the Thackery A 111 - 56-1. Avenue, Leaf Avenue, and Lark Ellen .Avenue sewer BID AWARDED district. (Martin F. Kordick) The bids were opened as advertised at 10.00 A.M., June '%, 1-957, in the office of the City Clerk and referred to the Sanitation Engineer for recommendation to the City Council at this meeting. The Sanitation Engineer reported that the result of bids were as follows. Martin Kordick - - - - - - - - - - - - - - - - - - - - - - $65,996.35- A. R. Milosevich & Son - Affidavit not signed - - - - - - (763982.30 (Corrected Bid) - - (76,925.30 L. D. & M. Construction Company - - - - - - - - - - - - - 80,818.4o A & P General Contractor - - - - - - - - - - - - - - - - - 106,433.00 Bosco Construction Company - - - - - - - - - - - - - - - - (77,996.70 (Corrected Bid) - - (77,996.20 .Matt J. Vukojevich.& John Kordick - - - - - - _ - - - - - 82,836.50 Philip- Chutuk - , - - - - - - - - - - - - - - - - - - - - - 77,959.63 Mike Raml j ak Company - -. - - - - - - - - - - - - - - - - - 72,124.15 Chorak Construction Company - - - - - - - - - - - - m - - 68,805.70 (Corrected Bid) 68,889.70 _ _ _ _ _ _ Jack Brkich - m _ m -® • -m m 79,989.60 NickJ.Leko&Son--------- ----- - - - - - - 72,759.55 Frank Chutuk Construction - Affidavit not signed - - - 77,621.37 T - H Construction Company - _ - - - - _ -°- - - _ _ - - - 69,760.20 M. Miller Company - - - - - - - - - - - - - - - - - - - - 70,043.35 Cost estimated by Sanitation Engineer was $82,462.91. C.C. 6,,10m57 Page two Sanitation Engineer; Three corrections were noted during tabulation on the Bids fro A. R. Milosevich g Son, Bosco Construction Company and. Chorak Construction Company. After tabulation of these bids, it was noted that the low bid is roughly 20% below the estimate. which should possibly result in about a $50.00 reduction of assessments to each property owner. I would recommend that the contract be awarded to Martin F. Kordick; on their bid in the amount of $65,996.35, as the lowest responsible bidder. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the • resolution awarding contract to perform certain sanitary sewer work in A111-56-1 be read. RESOLUTION NO. 1144 The City Attorneypresented and read "RESOLUTION OF THE Awarding contract to CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR,NfA, Martin F. Kordick for AWARDING CONTRACT TO MARTIN KORDICK WITHIN THE CITY, IN sewer work in A'11®56m1 ACCORDANCE ;"dITH RESOLUTION OF INTENTION NO. 1102." ADOPTED Motion by Councilman Pittenger, seconded by Councilman Mottinger that Resolution No. 1144 be adopted. Motion passed on roll call as follows. 0 Ayes. Councilrrn n Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noe s : None Absent. None ASPHALT MATERIAL Asphalt material requirements for the fiscal year BID AWARDED beginning July 1, 1957. Industrial Asphalt Bids were opened at 10.00 AOM., June 10, 1957, in the office of the City Clerk and referred. to. the City Engineer for report to the City Council at this meeting. City Engineer: Three bids were received for our years' supply of asphalt which amounts to approximately 1800 tons of. this material. The Bids received were from the following companies: Arrow Asphalt Sales Company 400 Arrow Highway Industrial Asphalt Company 4829 Irwindale Avenue Warren Southwest; Inc. 1112 E. Meridian, Duarte $4.00 per ton F.O.B. their plant 4.00 per ton F.O.B. their plant' 3.80 per ton F.O.B. their plant Although Warren Southwest, Inc. presented the lowest bid amount per ton they are located some 3 1/2 miles further away than Industrial Asphalt Company. The • difference in the location, on a F.O.B. basis, might.offset the slight difference in the amount of the bid between the lowest and highest bidder. Motion by Councilman Brown seconded by Councilman Pittenger and carried that the contract for asphalt material for the fiscal year beginning July 1, 1957, for the City of West Covina, be awarded to Industrial Asphalt Company at $4.00 per ton. Material to be picked up at their place of business located at 4829 Irwindale Ave. -2- • C.C. 6-1Om57 Page three GASOLINE REQUIREMENTS Gasoline requirements for the fiscal year beginning BID AWARDED 'July 1,, 1957. Shell Oil Company Bids.were opened.at 10:00 A.M., June 10, 1957 in the Office of the City Clerk with recommendations to be made to the City Council at this meeting. The City Clerk stated that the affidavits of publication had been received from the West Covina Tribune, such notice being published on May 23 and May 309 1957 and that notices were mailed to fourteen oil companies, dated May 20, 19579 and that notification of notice was made in the Daily Contractor News (Green • Sheet). The following bids were received, all bids including the State Motor Vehicle Tax and excluding Federal Excise Tax: Shell.0il Company . Ethyl - 6.2286 maximum per gallon Regular .2012 1f Richfield Oil Corp. Ethyl .229 „ " f° Regular .207 ro It: It Signal Oil Company Ethyl .2404 • Regular .2085 'Standard Oil Company- Ethyl .21�05 Regular .2085 Seaside Oil Company Ethyl .2444 Regular .2124 General Petroleum Co. Ethyl .253 Regular .221 P4 n rr Hancock Oil Company Ethyl .252 bid does not state whether • Regular .226 maximum or not. Union Oil Co. of Calif, Ethyl .263 not maximum price Regular .221 P° .99 11 City Clerk: It appears .that the Shell Oil Company is the lowest bidder on both -the Ethyl at .2286 maximum per gallon and the regular at .2012 maximum per gallon. There were close rates between Shell Oil Company and the Richfield Oil Corporation.with their bid for Ethyl at .229 maximum per gallon and regular at .207 maximum.per gallon. However, Shell is now furnishing our gasoline at .1963 for regular and .2213 for Ethyl which is slightly below the present bids. • I would recommend that the bid of the Shell Oil Company be accepted as the lowest responsible bidder. Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that the bid of Shell Oil Company, at the price of .2286 maximum per gallon for Ethyl gasoline and .2012 maximum per gallon for Regular Gasoline, be accepted as the lowest responsible bidder to supply gasoline to the City for the fiscal year starting July 1, 1957. • C.C. 6-10-57 1 Page four PUBLIC HEARINGS ZONE VARIANCE NO. 206 LOCATION. 3064 E. Garvey Boulevard, between Barranca Mr. & Mrs. Thomas .Rowse Street and Holt Avenue. APPROVED REQUESTS Variance to permit the erection of one d3uble faced, non -flashing neon sign not attached to building. EXISTING ZONE. C-1, with Unclassified Use Permit for a Swim School. • Sign, as such was approved by the Planning Commission at their meeting of May 15, 19S7. The sign of the sign was not agreed upon.,. The Planning Commission decision was appealed by letter from Mr. & Mrs. Thomas Rowse, received May 17, 1957. Set for hearing on this date by City Council at their adjourned regular meeting of .May 20, 1957. The maps were presented by the City Engineer, and Resolution No. 499 of .the Planning_Commission was read. Mayor Kay opened the public hearing. All those wishing to present testimony were sworn in by the City Clerk. Mrs. Thomas Rowse of.746 So. Padua Drive, Covina, applicant, stated as f ollowso We feel that we are justified in asking for this size of sign. As you will notice when neon signs are diminished in size it gives a very blurred effect. We are limited, financially, also as to the type and size of sign we can have and feel that the sign that has been drawn up and presented here to the Council tonight is a type that is well balanced. If we were to limit the size of the sign to that desired by the Planning Commis- sion it would limit the size of the sign too much and would serve no purpose for US. There being no further testimony, the.hearing was declared closed. • Motion by Councilman Brown, seconded by Councilman, Mottinger and carried that Zone Variance No; 206 be approved according,to the drawings as submitted by the Allied Neon Company with the stipulation that no other signs be attached to the building. ZONE CHANGE N0. 88 LOCATION. North side of Garvey Avenue, between PRECISE PLAN NO. 98 Barranca Street and Walnut Creek Wash. Joseph K. Eichenbaam REFERRED BACK TO.THE REQUEST. C-2 Uses and adoption of Official Precise PLANNING COMMISSION Plan. EXISTING ZONE: R-A, and R-A, Potential R-3. Denied by Planning Commission at their meeting of May 15, 1957. Decision of the Planning Commission appo.aled by letter dated May 16, 1957 by Y . Joseph K. Eichenbaum. Hearing set for this date by the City Council at their adjourned regular meeting of May 205 1957. -4- • C.C. 6-lo-57 Page five Zone Change No. 88 & Precise Plan No. 98 o Continued The maps were presented by the City Engineer and Resolution No.- 502 covering Zone Change No. 88 and Resolution No. 503 covering Precise Plan No. 98 of the Planning Commission, recommending denial, were read. Mayor Kay opened the public hearing. All those desiring to present testimony were sworn in by the City Clerk. Is Mrs. E. B. Samuels of 333 No. Citrus Avenue, West Covina stated as f ollowss Applications for approval of Zone Change No. 88 and Precise Plan No. 98 were made for the purpose of permitting needed and proper expansion of the Eastland Regional Shopping Center. Because this is an appeal from the decision of the Planning Commission, a brief review and report on that decision is in order. These applications were filed approximately 9 1/2 months ago. At that time, the Planning Commission asked the owner's permission to hold it over for study in. relation to the new master plan, which study was presumed to be under way with the anticipated time,to be a few months. It now appears that any such plan is at • least another year, away. Each time the extension time expired, the Commission again asked that the owner consent to a new extension, which he did. During the three-quarters of a year in which this application, has been held by the Planning Commission, some definite conclusions have been reached and these are substantiated by the reports of the Planning Commission Minutes themselves, as follows a 1) The Planning Commission felt that the property is unsuited for residential .use. Referring to their own discussions, Commissioner McNutt stated 'it was . agreed that residential was not the answer'. Commissioner Jackson stated, 'we have a problem piece of property here that is not an R-l.piece or even an R-3, piece' . These statements were not questioned by the other Commissioners. 2) That commercial development will not be, harmful to others. It was stated by Mr. Gerschler that 'I cannot think of a piece of property being any better ,buffered than this piece of property'. There were never any protests to this zoning. 3) That the property should properly be zoned for commercial use. I quote • from a statement.of record by Chairman Green, 'in my estimation, it would be very reasonable by the granting of Cm2 here'..'- v5v • C.C. 6-lo-57 Page six Zone . Cb,ange No. 88 & Precise ,Plan No. 98 Continued During this long period of postponement.and indecision, the Planning Commission was trying to find some way by which it could control in every detail the pro- posed development of the subject property, ostensibly to alleviate its fear of 'neighborhood° businesses in this location, a fear for which there appears to be no justification. To this end, the Commissioners made many unusual requests of the property owner, • requests which they, themselves, admitted as usually being onerous and generally unacceptable to owners; the implication being that if the owner were willing to submit to their excessive requests for authority, they would recommend in favor of the zoning* The requests included the following: 1) A minimum size for the first building permitted* The property owner was not adverse to this, suggesting a 20,000 sq* foot building, representing a $1,000,000 per year gross retail business and taking it out of the commercial °neighborhood' type of shopping center completely* Some of the Commissioners felt that the building should be larger, with Commis- s1oner Jackson stating, 'we will probably hold.out for 30,000 sq. ft.' The • applicant agreed to the, 30,000 sq* ft. restriction* 2) Another request made to the applicant was that a list ,of uses be given which would suitably extend the Regional Center type of business. A very highly restricted list was submitted for the owner, and was apparently to the satisfaction of the Commissioners, as stated by Commicsioner McNutt, 'I do not think a list could be any better than the list handed to us'. 3) Another request made was for me to find out whether the property owner would consent to a zone variance rather than a zone change, so that the Planning Commission could completely control this property. • To the surprise of the Commissioners, the owner agreed to this. In fact, the owner agreed to every request of the Commission, and made every effort to demon- strate his good .faith and satisfy the Commission's demands* Please be reminded that during the first few months there was no urgency, .the Barranca overpass was only on paper and Eastland was months away from opening* The time has finally arrived where now a decision is vital, only to find that the owner had been subjected to delays and procedures based on an illusion on the part of the Planning -.Commissioners that they had the right to intrude into the actual mechanics and economics of development;, and, that their misinterpretation of their role and their authority, had imposed undue conditions andcb mands on the onwers . time and efforts* This fact became known when the City Attorney advised the Planning Commissioners that they were trying to go beyond the scope of their proper field of operation* That -it is not the perogative of the Planning Commission to refuse to zone property in .order to maintain a monopoly of commercial zoning for other property owners, and that it is not the right or responsibility of the Commission to decide whether or trot certain firms or tenants ,will locate on a certain property • Coco 6 lo-57 Page seven Zone Change No. 88 & Precise Plan No. 98 Continued Mrs. Samuels-Conti.nuedo only economics will control this, and that the only consideration in this matter is whether Eastland Shopping Center is going to have the drawing power to justify expansion. The only possible source which is qualified to answer that question is the group of people who have already been responsible for the investment of millions of dollars here ' in the regional shopping center and they stand ready to back up their • judgment with further investment,, as well as their original investment. The property must be zoned if the owner is to be permitted to pursue his aims. I submit, and I feel that the Council will agree,, as the Planning Commission did that the physical factors governing this property are sufficient insurance against 'neighborhood' shopping development. I submit, and I know the Council will agree to this, that the qualifications of the owners are such as to give protection against the property remaining indefi- nitely unproductive, as is the case of- much=of the presently zoned,commercial where the owners either have it priced out of the market, or who refuse to sell, at any price, bu t.are not financially able to develop it. • I submit that one has only to look at fabulous Eastland to recognize that the City of west Covina. owes an eternal debt of gratitude to the persons who created and made this possible. It has been a gift to the City. It is something not earned or created by the City itself. If the ,regional shopping center had built elsewhere but within the city limits of West Covina the City could never have .achieved anything comparable. These same people who are responsible for Eastland should not have to come here pleading to be permitted to bring more gifts into the City. Rather they should be asked by the City to continue to expand their services and activities. They should be given every encouragement, because they have proved what they can do by what they have done. • I submit that timing is now vita. on this. If other businesses, who are looking to gi3a�iified developers to provide facili- ties for them, locate outside the City at the present time they will not duplicate their stores within the City in.the forseeable future. Therefore, the City can no longer, afford the luxury of meaningless and unproduc- tive procrastination. Since this property is admittedly destined for future commercial zoning, no useful purpose is to be served by further delays and there may be considerable harm done by it. Lastly,, I submit that on the basis of the record,, the recommendation of the Planning Commission that.this application be denied is unrealistic, inconsistent • and capricious. I regret having to make that statement but I cannot see how it can be said any other way. -7- • c.c. 6-10-57 Page eight Mrs. Samuels m Continued. I request that the Council express its faith in the future of the City and in Eastland Shopping Center and the people who made it possible. That you go on record as encouraging those who make major contributions to the welfare of the City, by ending this unjustified delay and by approving the -needed commercial zoning on this property. Letting this serve as an example for others coming in to offer their services to the City and this be done by stopping the long delay in zoning this property so that the owner may proceed to develop it for the benefit of the City. The City Clerk stated that he had a communication from L. R. Gillis, District Engineer of the State Division of Highways indicating there was no objection to the above mentioned Zone Change. There being no further testimony the hearing was declared closed. Councilman Pittenger. I sat on the early Planning Commission hearings on this _and 'it was my feeling that they were not so much against C®2 but just wanted -restricted use so it would not become a neighborhood shopping area. Mr. Gerschler. I think the Commission has shown an unwillingness to attach restrictions son this. They wanted to know a need for an expansion of the regional center. To. realize a need here for expansion. • Councilman Mottinger. That has been a problem as to whether we have too much commercial or haven't we. However,this is already developed whereas some of the others are not developing and if the owner is willing to move ahead of it, and there are not objections from the surrounding— properties, I would be in favor. Mayor Kay• Mim...Samaels, at one of the Planning Commission meet- ings you read a list of uses. Could you state them here? Mrs. Samuels. This list was made up at the request of the Commission. It stated a department store, probably mail-order type or junior store, furniture;, hardware-, builders emporium )builders and home • equipment not heavy items)}, pottery„ luggage, sporting goods, indoor amusements, automobile appliances, floor covering, specialty foods, dry-cleaning plant, studios, rental similar to Abbey Rentals' music center such as Music City. This. is assuming such retail uses would not preclude medical buildings, office build- ings or restaurant with liquor bar. The owner was willing to restrict to this list if it could be done and indicates no desire. to put in neighborhood stores. Councilman Brown, When this Precise Plan and Zone Change was turned down by the Commission it was my thinking at that meeting that the Commission was looking upon this as a local center, not as a regional center expansion. Consequently, I would return it to them in regard to looking at this as a regional location and not as a local,shopping center. • C.C. 6m10-57 Page nine Motion by Councilman Brown, seconded by Councilman Pittenger and carried that Zone Change No. 88 and Precise Plan No. 98 be referred back to the Planning Commission (to be reviewed., looked upon as a regipnal shopping area and recommenda- tion of approval of Zone Change No. 88 and.Precise Plan No. 98). Mayor Kay called a recess. Council reconvened and the meeting was called to order at 9-15 P,M. GENERAL MATTERS • Concerning discussion of request of H. L. Johnson, Registered Engineer to consider property of Vincent P. Schilz and John A. Schilz for annexation. Held over pending result of meeting with Covina City Council. Mayor Kayo Did we receive a formal written communication in regard to this matter. City Managers We requested one and were under the impression one would -be forthcoming, but, as yet -,we have not received any. Mayor Kays In view of no official communication from the City of. Covina, it would only be fair to read into the Minutes the result of the meeting with the Covina City Council. The net result was that the City of Covina would not oppose annexation of this property as requested in the area even though our 'gentlemen's agreement°3 stated this would go to the City of Covina. As 'a result of that I believe we have the request before us and I think this should be referred to the Planning Commission for further checking, report and recommendations. Motion by Councilman Brown, seconded by Councilman Mottinger and carried that this matter be referred to the Planning Commission for their report::and-recommendation Request of Mr. C. D. McFadden concerning.Self-Service Laundry in C-1 Zone. Request reviewed by the,Planning Commission and referred to the City Council for further action. • Mr, Gerschlers Some time ago the Planning Commission recommended an interpretation under Section 1403,,which would ,allow retail self-service laundries in a C-1 zone. At that time, they put a limit on the number of machines permitted and regulated the :size and horsepower of the machines. Mr.. McFadden has expressed a desire to install some 20 washers and 4 driers at 172 Glendora Avenue. The Planning Commission came to the conclusions that number was not to be considered but that size and type was needed to keep a larger type of machine out of neighborhood zones. They are now recommending that the previous interpretation be amended to eliminate the restriction on number of machines and refer.to these as home domestic wash -type machines., not to exceed 1 horsepower per unit and to be self -operated. This action was to be taken to 40 the City Council who may confirm the action of the Planning Commission by resolu- tion under section 1403 and thereafter all Laundromats shall conform in a C-1. z one . . -9- • CDC, 6m10a57 Page ten A motion by Councilman Mottinger, and second by Councilman Brown.to introduce a resolution was withdrawn in that upon the advise of the City Attorney all that was, necessary was for the .Colrncil to approve the Planning Commission Resolution as indicated and to confirm the Commission's action. Motion by Councilman Mottinger, seconded by Councilman Brown and carried that the Council approve the Planning Commission Resolution on that matter of Self - Service Laundry's in a C-1 Zone and confirms the action of the Planning Commis- sion. • ORAL COMMUNICATIONS Mrs. M. Van Dam .of,1532 E. Garvey Avenue.stated that she thought that the men appointed as Deputy Directors of Civil Defense were being paid too much for part- time',work at the rate of $150.00 per month, each. Mayor Kay stated that the Council, is charged with the responsibility of setting wages of employees of the City. With recommendations of the City Manager and the determinings of the Council it was felt that the salary was justified for the work to be done. It was the understandingthese gentlemen -would be available in late- afternoons and evenings for regular training sessions, with one to be in the City at all times so if an emergency arose one could step in immediately, with the City Manager, to take over any necessary Civil Defense action. • Mayor Kay further stated that the meetings and training activities these men would have to attend, which would be about 8 or 10 per month both in and out of the City the feeling was the salary was justified to get top-notch men and the right kind of work done. In reply to Mrs. Van Dame's question as to weeds not being taken care of between Woolworth's and the Thrifty store in the Plaza, Mayor Kay stated that the proper authorities had been notified of this oversight. WRITTEN COMMUNICATIONS • REQUEST TIME EXTENSION City Clerk presented and read a communication dated _ ON CONDITION OF PRECISE May 27, 1957 in regard to this request. PLAN NO. 42 Albert Handler Motion by Councilman,Mottinger, seconded by Councilman APPROVED FOR ONE YEAR- Pittenger and carried that a time extension of one year be approved on Precise Plan No. 42. PROCLAIMING FLAG WEEK The City Clerk presented and read a communication dated June 8 m 14 1957 May 28, 1957 from Iola H. Petty, President, of the California Federation of Republican Women requesting proclamation of June 8 - 14 as Flag Week. Motion by Councilman Brown, seconded by Councilman Mottinger and carried that • the dates of June 8 to 14, 1957 be proclaimed as Flag Week. m10- 0 c.c. 6-10-57 Page eleven PROCLAMATION PROMOTING The City Clerk presented and read a communication AMERICAN NATIONAL RED CROSS dated June 3, 1957 from Marston D. Young, Chairman., WATER SAFETY SUMMER PROGRAM to proclaim the week beginning June 16P 1957 Week beginning June 16, 1957 promoting Water Safety Summer Program. Motion by Councilman Brown, seconded by Councilman Pittenger and carried., that the week beginning June 16, 1957 be used in the promoting of the American National Red Cross° Water Safety Summer Program. REQUEST KEEPING OF DOGS The City Clerk presented and read a communication • AND KENNELS IN CITY dated June 31, 1957 requesting permit to,keep from Mr. &.Mrs. James E. Johnson four to ten Pekingese dogs on their premises located at 1023 Blue Drive in West Covina, and that they are kept as a hobby only and not a business. City Clerk: The request refers to Ordinance No. 93, which regulates the keeping of Dogs and Dog Kennels in the City and that the.Council may grant a permit to keep four or more dogs on any premises. However Ordinance No, 93 has since been amended and superseded by Ordinance No. 147 which in turn has been superseded by Ordinance No. 325. I spoke to the City Attorney and Mr. Gerschler in regard to this matter and perhaps they may have something to.say in regard to this matter. • Mr. Gerschler: In the zoning ordinance that would now apply this would constitute a Kennel and would not be permitted in an R-1 zone and therefore would require a variance. Mayor Kay stated to ,:the applicants that this would have to be applied for and filed under a variance and be processed by the Planning Commission which has the power for final decision on variances., or if the decision is not favorable it may be appealed to the Council. PUBLIC WORKS CITY ENGINEER TIME EXTENSION Claude L. Barnes. Tract No, 18410 LOCATION: North of Merced Avenue., east of Lark Ellen Avenue. Kemmerer Eng. Co. Expiration date June 25, 1957. One Ye ar APPROVED Upon recommendation of the City Engineer, motion by Council- man Pittenger, seconded by Councilman Brown, that a time extension of one year for filing of Final Map of Tract No. 18410 be approved. Motion passed on roll call as follows: Ayes. Councilmen Brown, Pittenger., Mottinger, Mayor Kay Noes: None . Absent. _None Not Voting: Councilman Barnes • C.C. 6m10®57 Page twelve PROJECT C-55 'Upon recommendation of the City Engineer,, motion by Accept Improvements Councilman Mottinger, seconded by Councilman Brown and. APPROVED carried that resurfacing improvements on Glendora Avenue . from Cameron Avenue to Garvey Avenue (Project C-55) be approved and authorization be given for the release of contract material and labor Bond No. 9665709 of the Federal Insurance Company in the amount of $1996.56. PROJECT C-56 Upon recommendation of the City Engineer, motion by Council - Accept Improvements man Barnes, seconded by Councilman Mottinger and carried APPROVED that resurfacing improvements on Lark Ellen Avenue from • Cameron Avenue to South City Limits (Project C-56) be approved and authorization be given for the release of contract material and labor Bond No. 9665708 of Federal Insurance Company in the amount of $1419.49. RESOLUTION NO. 1145 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Accept Grant Deed WEST COVINA ACCEPTING A GRANT DEED AND DIRECTING Street & Highway Purposes THE RECORDATION THEREOF." (Carl L. & Nadia ZONE VARIANCE NO. 135 Mossberg and Earl & Frances Marron). (State Street) ADOPTED Motion by Councilman Mottinger, seconded by Council- man Brown that further reading of the body of the Resolution be waived. • Motion by Councilman Mottinger, seconded by Councilman Pittenger that Resolution No. 1145 be adopted. Motion passed on roll call as follows 9 0 Ayes Councilme n Barnes, Noes . None Absent. None RESOLUTION NO. 1146 Accept Grant Deed Street & Highway'Purposes TRACT NO. 17325 MB430o10,;11 (Glendora Avenue)' ADOPTED Brown, Mottinger, Pittenger, Mayor Kay 4PA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A GRANT DEED AND DIRECTING THE RECORDATION THEREOF." (Alex E. & Betty Lacy) Motion by Councilman Pittenger, seconded by Councilman Brown ;and carried that further reading of the body of the Resolution be waived. Motion by Councilman Pittenger, seconded by Councilman Barnes that Resolution No. 1146 be adopted. Motion passed on roll call as follows. Ayes. Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes . None Absent. None -12- C.C. 6-10-57 NORTH ORANGE AVENUE STREET IMPROVEMENT Page thirteen The City Clerk presented and read a communication from Mr. Harold Z. Johnson, Director of Public Works., as follows "In connection with the resolution requesting the Board of Supervisors to permit the use of certain gasoline tax money allocated as County Aid to City Funds, for the improvement of Orange Avenue from Garvey Avenue to Grovecenter Street., I wish to -draw to your attention the following information. The improvement of North Orange Avenue is necessary . in the public interest to • provide better traffic carrying conditions on a street which is of major impor­ tance.to the City. The installation of the proposed improvements will also provide a limited increase in the carrying capacity of storm waters from Badillo Street to the Freeway.. However, the proposed improvements will not carry all the storm waters generating from the northerly area of the City and from Badillo Street, which is the outlet of the San Dimas Wash. As you know from our previous reports and studies in connection with speeding up of the Federal Wash Improvement Projects and our local storm drain Master Plan, the San Dimas Wash empties considerable flows upon northwesterly areas of the City of West Covina. `These flows originate in the jurisdictions of the City of Covina, the County of Los Angeles and cause considerable flooding, both in our city and the City of Baldwin Park. Further, as you know., the cities. of Baldwin Park., West Covina and Covina have concurred on the general alignment and scope of the proposed Badillo Storm Drain which, when constructed., will eliminate the following of these general areas and particularly our city. .Resolutions have been passed. by your Council requesting the County Board of Supervisors also to concur on the general alignment and scope of said storm drain. Although the Board of Supervisors has. never officially acted upon these requests, the staffs of the County Engineer Storm Drain Department and the Los Angeles County Flood Control District have indicated their approval. With the rapid increase in organization and the consequent increase in storm water run-off from the general area, we f-:eel that a solution of this drainage problem must be obtained within this year. We believe that we can no longer . continue to live with the problem of the flooding of Orange Avenue and the north- westerly areas of the city and that action must be commenced for the solution of this problem at once. I would recommend that this city institute the -necessary discussions and conferences with the responsible parties on the State, County and local levels to determine an equitable sound financial program to construct the Badillo Storm Drain in the coming year." City Manager.- This letter means we should coordinate further discussion in connection with Orange Avenue Drain due to the fact that Orange Avenue is carrying the water to be taken by the Badillo Drain and the threat of the County., by injunction, to restrain water southerly and westerly . ,and contain it in Orange Avenue. • C.C. 6-10®57. Page fourteen City Manager - Continued.- It is indicated that Orange Avenue cannot be designed to carry all the water and it is felt that the County has some responsibility in constructing the Badillo Drain. We can have these meetings of all those concerned here to bring this,point quite forcefully to them. Now that we are going to do construction on Orange Avenue it must be indicated that its prime function is a streets not a drainage channel. These necessary steps are only to give some relief but that it cannot handle the water in its entirety. • I would recommend that the Council accept and approve this letter from Mr. Johnson and authorize the engineering forces,, myself and those concerned to.act accordingly and we will ,initiate the proper details. It was consensus that this be done as recommended by the City Manager. RESOLUTION NO. 1147 %"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Orange Avenue Improvements WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF ADOPTED SUPERVISORS OF LOS ANGELES COUNTY, CALIFORNIA, TO PERMIT THE USE OF CERTAIN GASOLINE TAX MONEY ALLOCATED AS COUNTY AIDs TOWARDS THE IMPROVEMENTS OF., ORANGE AVENUE FROM GARVEY AVENUE TO GROVE CENTER STREET BY THE CONSTRCUTION OF ASPHALTIC PAVEMENT ON AGGREGATE BASE, CONCRETE CURB AND GUTTERS CROSS GUTTERS, DRAINAGE STRUCTURES AND APPURTENANT WORK." Motion by Councilman Browns seconded by..Councilman Pittenger that further reading of the body of the Resolution be waived. Motion by Councilman Brown, seconded by Councilman Pittenger that Resolution No. 1147 be' adopted. Motion passed on roll call as follows'. Ayes: Councilmen Barnes,:Brown,.Mottinger, Pittenger, Mayor .Kay Noes* None Absent° .None • Motion by Councilman Mottinger, seconded by Councilman Brown and carried that a communication'be sent to the Board of Supervisors by the Acting Director of ,Public Works,, accompanying Resolution No. 1147, completely illustrating the City°s point of view on the matter of the improvement work on Orange Avenue. PLANNING COMMISSION METES & BOUNDS LOCATION: South side of Puente Avenue, between Irwindale SUBDIVISION NO. 135-140 Avenue and Hartley Street. George Stoops .975 acres.- 2 hots - Area District I APPROVED Maps -were presented by the City Engineer, and the rem comendations were,re ad as follows: • 1) That driveway turnarounds be provided for Lots A and B. 2) That sidewalks and street lights be provided on Puente Avenue. -14- • Coco 6-10-57 Page fifteen Motion by Councilman Brown,, seconded by Councilman Barnes and. carried that Metes and Bounds Subdivision No. 135-140 be approved., subject to the recommenda- tions of the City Engineer and Planning Commission. METES & ROINDS LOCATION.- East side of Azusa Ave me., between Badillo SUBDIVISON N0. 135-141 Street and Puente Avenue. Jack Slater 260 Acres 4 Lots - Area Distract II. APPROVED I Maps were,presented by the City Engineer. and the recommendations were read as follows. • 1) That all lots conform to Area District II requirements. 2) That all street improvments outlined in Section 49 of Ordinance No..225s including utilities that are not provided for by the Division of Highways be installed accordingly and meet the approval of the City Engineer,, this to include sanitary sewers,, street lights,, sidewalks and.alley improvments. 3) Dedicate vehicular access rights along Azusa Avenue to all lots or provide plot plan to show vehicular, access to garages. 4) That the map conform to the proposed R.O.W. of the State Division of Highways. • 5) That the alleys shown be deeded to the City of West. Covina and be improved. Motion by Councilman Mottinger,, seconded by Councilman Pittenger and carried that Metes & Bounds Subdivision. No. 135-141 be approved,, subject to the recommendam bons . of the City Engineer and Planning Commission. SANITATION SEWER ASSESSMENT Monthly report on progress in 1911 Acts. DISTRICT STATUS REPORT, Sanitation Engineer: I would like to request., and if the Council would so approve,, that these monthly progress reports be adjusted to bi-monthly reports. In this assessment work, until such time as you complete a plan. or get through the Resolution of Inte,nti,on9 it seems to move slowly and y I,believe that reports on a bivmonthlbasis would provide as much information for the Council. It was consensus this be done, with Councilman Brown stating he would also like a report on cash projects. DISTRICT 56®5 (combined) LOCATION.- Vine & Pima Avenue Sewer District. 1911.Act. Preliminary Report The City Clerk.presented preliminary map for this district and stated that signatures on the signed petition have been validated against the ,last tax roll and "represent 66% of the area of the district. -15- C,C, .6-10-57 Page sixteen The preliminary estimate of cost for this project is $139,,725,00 or approximately between $350.00 and $400.00 per lot which includes construction costs, engineering and incidental expenses. It is recommended that the map be approved and filed with the City Clerk., and the City Engineer be instructed to request the health officer to investigate the sanitary conditions.of the district. It is also 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 Brown and carried that the preliminary map be approved and filed with the City Clerk and the City Engineer be instructed to request the health officer to investigate the sanitary conditions of the district and that the City Engineer proceed with preparation of final plans and specifications for the project. DISTRICT 56-4 (combined) LOCATION*. Irwindale and Garvey Avenues sewer district. 1911 Act Preliminary Report: The City Clerk presented a preliminary map for this district and stated that signatures on the signed petition have been validated against the last tax roll and represent 67% of the. area of the district, . The preliminary estimate of cost for this project is $71,050.00 or approximately $328.84 per lot. This includes construction costs, engineering and incidental expenses, It is recommended that the map be approved and filed with the City Clerk, and the City Engineer be instructed to request the health officer to investigate the sanitary conditions of the district and that the City Engineer ,proceed with preparation of final plans and specifications for the project. Motion by Councilman Brown, seconded by Councilman Mottinger and carried that the preliminary 'nap be approved and filed with the City Clerk and the City Engineer. be instructed to request the health officer to.investigate the sanitary conditions of the district and that the City Engineer proceed with preparation • of final plans and specifications for the project. DISTRICT 57-1 (combined) LOCATION-. Merced and Turk Ellen Avenue selrer district, 1911 ACT Preliminary Report The City Clerk presented a preliminary map for this district and stated that the signatures on the signed petition have been validated against the last tax roll and represents 67% of the area of the district, The preliminary estimate of cost for this project is $119,150.00, or approxi- mately $373.50 per lot. This includes construction costs, engineering and incidental expenses. It. is recommended that the map be approved and filed with the City Clerk, and the City Engineer be instructed to request the health officer to investigate the.sani,tary-conditions of the district. It is also recommended that the City Engineer,tbe instructed to proceed with the preparation of final plans and specifications for .the project, �16_ • C.C. 6-10c57 Page seventeen Motion by Councilman Pittenger, seconded by Councilman Mottinger and carried that the preliminary map be approved and filed with the City Clerk and the City Engineer be instructed to request the health officer to investigate the sanitary conditions of the district and that the City Engineer proceed with preparation of final plans and specifications for the project. CITY ATTORNEY RESOLUTIONS • RESOLUTION NO. _ City Attorney. ..I do not have this resolution; partly Precise Plan No. 17 for the reason I did not have ,the original Ordinance Eleanor B. Green adopting Precise Plan No. 179 which has to be.amended, and partly because there are two amendments to the plan; one being for George Scofield which was .referred back to the Planning Commission. AGREEMENT BETWEEN WEST The City Attorney presented and read the agreement, COVINA &. BRANCH OF THE conducting a Water Safety Program within the City POMONA CHAPTER OF THE of West Covina, by the Red Cross. AMERICAN NATIONAL RED CROSS Motion by Councilman Mottinger, seconded by Council- man Barnes that authorization be given for the Mayor • and the City Clerk to execute this agreement. Motion passed on roll call as follows: Ayes. Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes None Absent. None It was consensus that discussion be held with insura4ce .7ompanies in regard to liability. The Council indicated perhaps $100,000.00 liaility for single occurance and $300,000.00 for all occurrences would possibly be adequate. The City Manager is to confer with insurance representatives. • RESOLUTION NO. 1148 LOCATION. Southeasterly side of Sunset Avenue and Zone Change No. 95 the proposed extension of Cameron Avenue. Precise Plan No. 105 (Marvin Kreeger) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Denying WEST COVINA DENYING A REQUEST FOR A CHANGE OF ZONE AND ,ADOPTED DENYING APPROVAL OF A PRECISE PLAN." Motion by Councilman Pittenger, seconded by Councilman Mottinger and carried that further reading of the body of the Resolution be waived. Motion by Councilman Pittenger, seconded by Councilman Mottinger that Resolutiorn No. 1148 be adopted. Motion passed on roll call as follows. • Ayes. Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes . None Absent. None -17- • c.c. 6-10-57 Page eighteen RESOLUTION NO. 1149 The City Attorney presented and read "A RESOLUTION Appreciation of services OF THE CITY, COUNCIL OF THE CITY OF WEST C,OVINAq Edwin D. McNutt CALIFORNIA, `COMMENDING' MR. EDWIN D. MCNUTT FOR HIS ADOPTED SERVICES AS PLANNINU, COLN1MISSIONER FOR THE CITY OF WEST COVINA." Motion by Councilman Browng seconded by Councilman Pittenger and carried that Resolution No. 1149 be adopted. Motion passed on roll call as follows. • Ayest Councilmen Barnes, Browng Mottinger., Pittenger, Mayor Kay Noes - None Absent., None ORDINANCES ORDINANCE NO. 533 "AN ORDINANCE OF THE CITY COUNCIL -OF THE CITY OF SECOND READING WEST COVINA AMENDING SECTION 230 OF ORDINANCE NO. 325." Amending Section 230 of Ordinance No. 325 -Motion by Councilman Brown, seconded by Councilman (Amendment No. 15) Mottinger that further reading of the body of the F:LLI.ing Station Ordinance be waived. ADOPTED Motion by Councilman Brown, seconded by Councilman Barnes that Ordinance No. 533 be' adopted. Motion passed on roll call as follows. Ayesz Councilmen Barnes, Browng Mottinger, Pittenger, Mayor Kay Noes None Absent., None ORDINANCE NO. 534 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SECOND READING 'WEST COVINA ADOPTING A PRECISE PLAN FOR THE. DEVELOP= Zone Change No. 101, MENT OF CERTAIN PROPERTIES IN SAID CITY, AND REZONING Precise Plan No. 110 SAID PROPERTIES." (La Berge) ADOPTED 1001TIONz East side of Azusa Avenue, between Rowland and Workman Avenues. Motion by Councilman Mottinger, seconded by Councilman Brown and carried that further reading of the body of the Ordinance be waived. Motion by Councilman Mottinger, seconded by Councilman Brown that Ordinance No. 534 be adopted. Motion passed on roll call as follows: Ayes. Councilmen Barnes, Brown, Mottinger,, Pittenger, Mayor Kay Noes: None Absent. None • -18- N, • C.C. 6-10-57 Page nineteen An Ordinance adopting "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Precise Plan No. 112 (1405). OF WEST COVINA ADOPTING A PRECISE PLAN FOR THE (Bowker & Knight) DEVELOPMENT OF CERTAIN PROPERTIES IN SAID CITY, INTRODUCTION LOCATED NORTH OF WALNUT CREEK WASH, BETWEEN CALIFORNIA AVENUE .A ND THE PROPOSED EXTENSION OF VINCE NT AVENUE, AND REZONING S.A.ID PROPERTIES." Motion by Councilman Pittenger, seconded by Councilman Brown and carried that the Ordinance be introduced. • ORDINANCE RELATING TO City Attorney stated that this was discussed BUSINESS LICENSES with the City Manager and City Clerk and indica- tions. were there should be some change in certain sections of the Ordinance. since Licenses are due commencing with the fiscal year of.July 1, 1957. This matter had been.gone over with the City Clerk and the present Ordinance was gone over in relation to particular problems. This matter was brought up on the assumption that it was too late to do anything about the whole of the present..ordinance so far as revision was concerned, which should be started now -for revision by next year, but that this would protect the City from the loop -holes in the present Ordinance. It is my feeling that a business license ordinance never takes less than three or four months to drag up --at the minimum. It was consensus that the City Manager make a survey that might give the Council something more tangible .in relation to this matter so that this would indicate the City as not being too out. of line with other citiese Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that this matter be held over until adjourned meeting of the City Council on Monday, June 17, 1957. CITY CLERK PETITION FOR City Clerk; I have a petition for sewers for the Idahome • SANITARY SEWERS Street and Bixby Avenue Sewer District, and recommend it be referred to he City Engineer for study and report. There are 39 validated signatures, representing 78% of the.total district. • Motion by Councilman Pittenger, seconded by Councilman Mottinger and carried that .the matter of petition for Idahome Street and'Bixby Avenue Sewer District be referred to the City Engineer for proper report. REPORT FROM The City Clerk stated that statement of. Distribution of MUNICIPAL COURT Fines and Forfeitures for the City of West Covina for the month of May, 1957 had been received. ®1.9 m 0 c.c. 6-10-57 Page twenty REPORTS - CITY MANAGER Councilman Pittenger referred,to.a letter to State Division of Highways regarding failure on sections of frontage road. City Managers The State Division,of Highways recognizes failures on sections of frontage road. We are arranging a meting of Mr. Johnson, the City Engineer,, Mr. Williams and myself to clarify in writing those things we feel we could live with and accept and those things that are • a matter of record if we are to accept a portion of the contract work done. We will go over every item as to what would be acceptable and what is not acceptable. ATTENDANCE OF TWO MEN Motion by Councilman Brown, seconded by Councilman FROM FIRE DEPARTMENT AT Barnes that authorization' be given for the atten= FIRST AID TRAINING SCHOOL dance of two men from the Fire Department to Miramonte attend First Aid Tiraining School at Miramonte., APPROVED Calif or at the cost of $100.00., plus nominal transportation expenses. Motion passed on roll call -as follows. Ayes: Councilmen Barnes,, Brown., Mottinger, Pittenger, Mayor Kay Noes*-� None, Absent*. None CENSUS COUNT The official -census count of April 309 1957 shows a popu- lation at 409915 persons and certificates have already been filed with the State, departments concermd. This, mans, an increase of revenue to us in'the neighborhood of $45,000-00 to $46,000.00 from this recent census count., POST AUDIT SERVICE Motion by Councilman Brown, seconded by Councilman COTTON AND FRANCISCO Barnes and carried that authorization be given APPROVED as recommended by the City Manager and Finance • Officer to proce'ed with the post audit services of! Cotton and Francisco per proposal I as submitted. ($112 00. 00 'Plus $300 or special accounts audit.) RESOLUTION NO.-115'0 "A RESOLUTION AUTHORIZING THE CITY MANAGER AND Acquisition of War TWO DEPUTY DIRECTORS AS THOSE PERSONS TO DEAL WITH Surplus Properties,, THE ACQUISITION OF WAR SURPLUS PROPERTY FOR THE ADOPTED CITY FROM STATE AGENCY." . Motion ' by Councilman Pittenger, seconded by Councilman Brown that further reading ofe the body of the Resolution be waived. Motion by Councilman Brown,, seconded by Councilman Barnes that Resolution No. 1150 be adopted. Mot -Lon passed on roll .call as followsg, Ayes*. Councilmen Barnesq,Brown., Mottingerq.Pittengerq Mayor Kay Noes -, None Absent,. None _20- • C.C. 6-10-57 Page twenty-one CIVIL DEFENSE The amount of $2,059.20 is the cities cost for participating PARTICIPATION in Civil Defenae-program Area "D" and will be included in AREA I'D" the ,budget being prepared for the next fiscal year. Budget RECREATION PROGRAM Septembe,r 30, 1957, the recreation district will be diasolved. There will be more detailed informa- tion to firm up revenues and our particular.program in this respect but we feel it will be necessary to employ a director on or about November of this year who will set up a local program with the dissolution of the district for the City to carry on. We will -make official requests to both school districts,, West Covina Elementary and Covina Elementary, to acquire this money from,the community services of the ir, budge ts Motion by Councilman Brown seconded by Councilman Barnes and carried authori- zing the City Manager to proceed accordingly. ROUTE BILLS There I is no more information on the Route Bills which included the .proposed 'extE-nsion of Azusa Avenue south of the freeway. Unless something happens tomorrow these will die., A I Be No. 3168 is not out of committee nor is'S.B. No. 1775. As chairman of the storm drain committee of the Los Angeles Division of.the League of California Cities,I would advise that another of second phase , of a storm drain program is likely in the County and it is -needed, Conditions have changed since the original program was developed., which is 70% complete, and prices have increased substantially since the bond issue was voted and the original estimates are exceeded by construction costs today. The Committee has. gone this far in that the district is agreeable to proceeding • with the second phase of the program and Supervisor Legg has agreed that he would,suppor,t such a program., Colonel Hedger will meet with us and outline views of,'such a program. The Committee has recommended to the Board of Directors that a notice be sent,to each city to begin to prepare a preliminary or master plan on -storm drain locations and these will be tabulated as to,where they y might exist and to what extent,., In this way we would know what sections in the County would be favorably to another issue. Notices willgo out and any city that will not develop its program will not be able to say it has not been warned. • In the event this is possible to develop such a program the earliest §teg e it could reach its final, step would be in November of 1958. We did develop our own master plan of storm drain facilities and it would be simple job to make an revisions if they are needed. am • c.c. 6-10-57 Page twenty-two COUNCIL REPRESENTATIVES IVES Mayor Kay appointed Councilman Brown and Council - TO MEET WITH REPRESENTATIVES man Pittenger to serve as a committee to met OF THE CHAMBER OF COMMERCE with representatives of the Chamber of Commerce Brown - Pittenger to study any possible assistance the City can give' in the coming fiscal year, with the meeting to be made at the earliest possible date. The Chamber of Commerce has asked for a meeting with officials of the City. . CLOSED'PERSONNEL MEETING Saturday, June 15,, 1957,, at 8.00A.M. • DEMANDS APPROVED Motion by Councilman Barnes, seconded by Councilman Pittenger that Demands.as listed on Demand Sheets B-229 C-3.8 and C-39 be approved. The total includes -fund transfers. in the amount of $30.,793-87. Motion passed on roll call as follows'. Ayes.. Councilmen Barnes.., Brown, Mottinger, Pittenger, Mayor Kay Noes- None ,Absent. , None There was no further business, the meeting was adjourned at 10-55 P.M. until • Monday, June 17., 1957, at 8,.00 P.M. Next regular meting June 24, 1957. JAMES W. KAY Mayor of the City of West Covina ROBERT FILOTTEN City C'lerk of the City of West Covina 0 -22-