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11-25-1957 - Regular Meeting - Minutes01 0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA November-25, 1957 The meeting was called 'to order by Mayor Kay at 8:00 P.M. in the West Covina City Hall, The Reverend Charles Ashman of the West Covina.Brethioen Church gave the invocation. ROLL CALL Present: Mayor Kay, Councilmen Barnes, Brown, Mottinger, Pittenger Others Present: City Manager, City Clerk, City Attorney, City Engineer, Planning Commission Secretary, Public Works Director Absent: City Treasurer APPROVAL; OF MINUTES November ll, 1957 ® Adjourned to date of November 12, 1957. November 12, 1957 o Held over for approval until meeting of December 9, 1957. AWARD OF BIDS Public Works Director: In the matter of.the following bids I wish to designate them as follows: 1) TWO FORDOR SEDANS - For the City Engineer and City Manager 2) 1/2 TON PICK-UP TRUCK ® Street Department 3) 1-1/2 TON TRUCK CAB AND CHASSIS - Parks Department 4) 1/2 YARD TRUCK LOADER ® Street Department 5) DUMP TRUCK WITH FRONT -FIND LOADER - Street Department 6) TWO TON TRUCK CAB AND CHASSIS - Parks Department 7) 2-1/2 TON TRUCK CAB AND CHASSIS o Street Department 8.D BRUSH CHIPPER (12 INCH BLADED m Parks Department 9) BRUSH CHIPPER (15 INCH BLADED 0 Parks Deparment . With respect to the various department indicated, and not speaking for the Parks and Recreation Department, we would like to have these awards held over 30 days until we are able to submit to the Council a written recommendation. That would be on Itdms No, 1, 2, 4, 5 and 7. 0 • r� U C.C. 171-25-57 Page two Councilman Brown: I would like to see all of the items held over forifurther discussion and review. Motion by Councilman Brown, seconded by Counci.l,manPittenger that the matter of the award of bids be held over for 30 days for the purpose of sturdy review and report. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None PUBLIC HEARINGS ANNEXATION NO. 157 LOCATION: North of F°rancisquito Avenue, Protest Hearing both east and west of Glendora Avenue. HEARING CONTINUED Resolution No. 1224 giving notice of this hearing was published in the San Gabriel Valley Daily Tribune on November 1 and 4, 1957. Mayor Kay City Clehk: 1) Map of Annexation. Does the City Clerk have any matters which should be entered into the record on this Annexation No. 157? Yes, the records should show that the following are contained in the Annexation folder; 2) Petition for.consent to the commencement of annexation proceeding 3) A c, py of Resolution No. 1184 consenting .to commencement of proceedings. 4) An affadavit of the ciruclLa.tor of the petition. 5) An affa.davit of publication of notice to circulate petition to annex. 6) A petition for annexation and legal description. 7) Two brown line prints of map. 8) Certified copy of boundary (description from the Boundary Commission. 9) Certified copy of Resolution No. 1224 giving notice of the date of hearing protests. 10) Affadavit of mailing to each of the owners in the area. 11) Affadavit of contiguous territory by the City Engineer. -2- • C.C. 11®25-57 Page three Annexation No. 257 m Continued 12) Affidavits of publishingi in the Tr.ibu7ne do November 1 and 4, 1J57. 1�) Affadavit of compliance. 14➢ A lettef from the Registrar of Voters certifying the number • of registered voters in the area. tayor Kaye. Have all the legal requirements as specified by law been properly fulf illed? City Clerk: Yes, they have. Mayor Kaye Are there any written requests for withdrawal • or protesting? City Clerk: No, there are not. Mayor Kay opened the public hearing for hearing protests on Annexa- tion No. 157 and stated that all those desiring to testify on this matter would stand and be sworn in by the City Clerk. Fames Judge, Attorney of 128 E. Amerish Street, Fullerton, stated as follows I am here to register protest 1 or Mr.. Charles Moore; Mr. Charles Moore, Jr., and and Katherine J..Moore, Domeninco and Catherine Cagliero and Armide Banks. I am speaking for fir. Moore, who I represent in particular, and isI wish to state briefly his opposition, and the opposition of the Cagliero°s, in being included in this annexation. They feel their property is not properly included in inhabited annexation and they feral it is p,-vacti(_:011y agricultural and that -their property is not necessary to carry out the annexation to'bb'tain contiguity to other parts. They feel they have expressed and made their desires known in that they do not Wish to be annexed to West Covina at any time. In addition their property, although assessed valuation,is close although not over the 50%. their area is over the 50% of Annexation No. 157, and that is the position of the Mcgre°s and Cagliero°s. 'Councilman Pittenger: Is that territory all north of Francisquito? Mr. Jndgee To my knowledge, it is all `north. • Mayor Kay questioned the City Clerk as to whether he had records available to determine whether there is a majority protest on this matter or not and the City Clerk stated that such records were available. -3- w,o • C.C. 11-25-57 Page four Annexation No. 157 - Continued Mayor Kay.- W we have a majority protest? City Clerk: The total value is $149,220.00 Land and Improvements. Protests appear to total approximately $37,000.00 Land value. Mayor Kay: P� would appear that'we do not have a majority protet as of this evening. .Since there is no further testimony to be given at this time we will continue this hearing two weeks from tonight to fulf'i",2 ;'1 the requirement of 10 days for the submitting of any further p otests that might be forthcoming. • This hearing will be continued until December 9, 1957.at 5:00 PM. ZONE CHANGE NO. 100 LOCATION: North side of Garvey Avenue;, Vincent P. Schilz between Barranca Street and Grand Avenue. APPROVED REQUEST: R-1 and R-3 uses. EXISTING ZONE: R®A, Potential R-3. Recommended for approval by the Planning Commission at their mee'tt;- ing of October 16, 11957. Resolution No. 546. Notice of this public hearing published.in the West Covina Tribune October 31, 1957 Heating continued from November 12, 1957 to this date in order to be considered in conjunction with Precise Plan No. 111. Maps were presented by the City Engineer. The Planning Commission Secretary read Resolution No. 546 of the Planning Commission recommending approval of Zone Change No. 100, and.stated that the Commission had recommended R-3 only and not the C-1 as shown on the Precise Plan. Mayor Kay opened the public hearing on Zone Chaixge No. 100 and Precise Plan No. 111 and stated that all those desiring to testify should stand and beswornin by the City Clerk. Mr. Richard Hart of.17639 Van Owens Street, Van Nuys stated as follows: I believe most of this matter was discussed at the previous meeting of the Council and I am here now to answer any questions the Council may have in relation to the Precise Plan. Mayor Kay: What was your intention in regard to the C-1 request? • Mr. Hart: We felt that a projett of this size needs space for the servicing of the R-3 develop- ment. The area would be used for such services as baby sitting, and possibly a small delicatessen and Laundromat. Things of that nature. -4- G.C. 111-25-57 Zone Change No. 100 - Continued Page five Mr. Hart ® Continued: Originally we wanted a garden type of apartment that would completely rely on itself for. servicing but we cannot quite din that because of the land that 4a being taken out for alignment, so we decided to fit thes C-1 into the plan the best way we knew how. The intent of the Cml was to service the R-3. Mayor Kay: How many snits are in the area? Mr. Hart: The way this is drawn, if we used ill one bedroom. apartments, minimum ap&:�rtents, there would be approximately 145 units. However, this we wUl not do and it is an economically wrong thing to do. Mayor Kay: What about parking? Mr. Hart: There is enough covered parking space for one car per each person and half a space uncovered for rest of parking, if we used maximum apartments. Councilman Pittenger: Is that a Carport or a garage? Mr. Hart: If full garage was insisted upon we would do it. If not we could use carports. Mayor Kay: Do you plan on two-s1•ary development? Mr. Hart: Yes, with a maximum height of 35 feet. Mayor Kay: Why didn't you consider the development of • the Additional triangle shown? Mr. Hart: That piece of land does not belong to Mr. Sbhilz. Councilman Pittenger: The piece of land at the lower right is the beginning of the slope is it not? Mr. Hart: Projected, yes s1r. There being no further testimony presented the hearing was declared closed. Motion by Councilman Mottinger, seconded by Councilman Brown and carried that Zone Change No. 100 be approved, subject to the condi- tions of the Planning Commission. • C.-C. 11-25-57 Page six PRECISE PLAN NO. 111 LOCATION: North side of Garrey Avenue, Vincent P..Schilz between Barranca Street and Grand Avenue. APPROVED REQUEST: Adoption of an Official. Precise plan. EXISTING ZONE: R-A, Potential R-3. Recommended for approval by the Planning Commission At their meeting of November 6, 1957. Resolution No. 547. (NOTE: Zane Change No. 160 which affects this Precise Plan was recommended fog° apy,m'az by the Planning Commission for R-3 uses only at their regular meet'-6 ing of October 16, 1957.) The Planning Commission Secretary read Resolution No. 547 of the Planning Commission recommending approval. The Recommendations were as follows: • 1) That all street improvements outlined in Section 49, Ordinance No. 225, including utilities, be installed accordingly and meet'the approval of the City Engineer. This to include street lights, sidewalks and sanitary sewers. 2) That the Precise Plan conform to the proposed ;R. 0. W. of the Los Angeles County Flood Control District for the development of Walnut Creek Wash. 3) That the Precise Plan conform to the proposed R'.iO.W. of the Division of Highways and the Los Angeles County Road Depart- ment for the development of Grand Avenue including that necessary for any interchange connections. 4) That all necessary street widening of proposed Grand Avenue shall be deeded to the City of West Covina. • 5) That all exterior lighting be installed and maintained in a manner eliminating any nuisance to adjacent residential property. 6) That adequate water supply and fire proteption be provided as required by Ordinance No. 237 and Ordinance No. 451. 7) That all excavating and grading work conform to provisions of Ordinance No. 384. 8) That all bonds fees and deposits for improvements be posted befpre building permits are issued. 9) That all existing buildings be removed or demolished. 10) The cul-de-sac street at the northerly end of the access • street be shown as the 50®foot property line radius. 11) That access street be dedicated to the City and approved to meet our street standards. IM n U C.C. 22-25-57 Page seven Precise Plan No, 112 - Continued It was indicated in -the motion of the Commission which recommended approval of this Precise Plan that approval died ,not conatitfr e the granting, or any indication of granting, 'the C-1 as shown. Motion by Councilman Mottinger, seconded by Councilman Brown and carried that Precise Plan No. 122 be approved for the Rm3 uses only and in accordance with -the recommendations of the Planning Commission and the City Engineer. VACATION OF A PORTION 'Resolution -No. 1222 Declaration of Intention OF BARRANCA STREET apd setting this date for protest hearing Protest Hearing was published,.in the West Covina Tribune APPROVED On November '14, 2957. Mayor Kay opened the public heaving. There being no testimony presented in protest, the hearing was declared closed. RESOLUTION NO. 2234 The City Attorney presented "A RESOLUTION Vacation of a portion OF THE CITY COUNCIL OF THE.CITY OF WEST of Barranca.Street COVINA ORDERING THE VACATION OF A CERTAIN ADOPTED PORTION OF BARRANCA STREETo11 LOCATION: Northwest corner of Bar:lanca Street and the San Bernardino Freeway. Motion by Councilman Mottinger, seconded by Councilman Brown 4nd carried that further reading of the bandy of the Resolution be waived. Motion by Councilman BrottQ, seconded by Councilman Barnes that • Resolution No. 1234 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None LOS ANGELES COUNTY A proposed Ordinance adopting the Los BUILDING LAWS Angeles County Building Laws 1956 Edition Protest Hearing with certain changes therein set forth. APPROVED The Electrical Safety Order 1955 Edition and the National Electric Code 1956 Edition. Notice of this public heaving published in the West Covi na.Tribune November Y and 149 1957. Mayor Kay opened the public hearing. There being no protests presented to this matters .th6 hearing was declared closed. -7- III I -I L .J • C.C. 271-25-57 Page eight Los Angeles County Building Laws - Continued ORDINANCE NO. 554 "AN ORDINANCE OF THE CITY COUNCIL OF THE (Second Reading) CITY OF WEST COVINA ADOPTING BY REFERENCE Los Angeles County THE 'LOS ANGELES'COUNTY BUILDING LAWS! Building Laws 2956 EDITRON 'THE. ° ELECTKRCAL SAFETY ADOPTED ORDERS ° ; R955 ED:Sr' ION, AND THE 7 NATIONAL ELECTRACAL CODE°, 1956 EDITION AND PRE- SCRIBING PENALTIES FOR THE VIOLATION THEREOF.'' Mayor Kay; Hearing no objectigns, we will waive further reading of the body of the ordinance. Motion by Councilman Brown, seconded YK Councilman Mottinger, that Ordinance No. 554 be adopted. Motion Passed on roll call as follows; Ayes; Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent; None AMENDMENT NO. 18 A proposal to amend Ordinance No. 147 and City Initiated 325, affecting permissible uses within Zone C-2, by adding thereto as a permissible use "filling stations;• The Planning Commission Sec.wetary preyented and read Resolution No. 548 of the Planning Commission recommending approval. Mayor Kay opened the public hearing. There being no testimony presented in protest of this matter, the hearing was declared closed. Motion by Councilman Mottinger, seconded by Councilman Brown and carried that the City Attorney be instructed to bring in an Ordinance covering the recommendations of the Planning Commission regarding Amendment No. ' 18 to amend Ordinance No. 147 and 325. ORAL COMMUNICATIONS Mr. Sidney Pink introduced a Citizen's Committee in relation to the meeting on the matter of takes to be held at `M-L. San Antonio College Tuesday, November 26, 1957. A request was.made of the Council that a resolution be,darawn up, for action by Council, asking all people of this City to attend that meeting and that the Council backs the endeavor of this committee in an attempt to re -assess the valuations in the City ;aT West Covina. Mayor Kay: I would suggest at this time, with consent of the Council, that we have a motion to • honor this request and that the City Attorney draft such a Resolute ,. tion for action by Council before our meeting is adjourned tonight. Im r C.C. 22-25-57 Page nine • Councilman Mottianger: I believe It is in order for us to urge the e tizens to attend the meeting and so far as reassessing the valuations in the City, I believe we are &111 9 both i,nd_1v1dual1„ty and in favor of the endeavor: Motion by Couanci.lman ar'own, o(Qc,,om d1ed by Counci Lman "Boas axes and carried that the Cou)DncU eadloiNssa the datiosns of Mr. Pink and that the City Attorney be Instl_�,acted to Taft such a Resolution. The Planning, Commission stated that a written request had been received from a Harry C, Brown and a Guy B. Baldwin to use a temporary building at 2007. State Street for office space in relation to the opening of a Used Car lot. This would be until a more definite plan is fo)Nthcomizng as to the amount of of f idO space that is to be needed. Mayor Kayo I would like a recommendation from our Public Works Directc->r and Planning; Department'. Public Works Director: It, looks like this would be an exception to the use. Wouldn't he have to file an except-,11»n at this time? Planning Comm. Seely-. I believe this type of thing has been done before, although perhaps we should have a ruling by.the City Attorney. City Attorney: I do nut know what the zoning ordinance • indicates, but I think that. -the Building Code prohibits this use I d«) not think there is anything that can be done to waive it. I 'think the . Bui.ldi,ng Inspector could answer that. There are conditions sit forth in the Building Code under which trailers may be used, but I do not know *hat those conditions are. Mayor Kayo Have you applied to the Building Department? Applicant: The Building Department people have been down and I believe Mr. Mossbergq who is the owner of the property, has contacted thus. However, tib-) is is only a temporary deal. This is not a metal it, _Ij a Mks ]Like a small wooden house. Mayor Kay: Have you ask(!,!9d our Building Department whethc.�, or not you could do this? Applicant: They told one to -ask the Council when I • came down and applied for the business license. We have a six year }lease and pZt:ns ca2li ' for a building, MI C.C. 21-25-57 Page ten • City Attorney: This is subject to a Precise Plan so far as zoning is concerned. The only thing necessary wound be an amendment of the Precise Plan that We ald Perm: t this as a. temporaryl use, i:n lieu of building shown. I think it might be done p)ro7 i,ding it does not vioaa.te the Build- ing Cede'-'. I think you cou'i! d adopt a Rc sc�))_�utton amending the Resolution adopting the Precise Plan to state the 'temporary condition wader which this wills be pe ragi L;e d provided it does not vio2q. o 'the uniform Building Codce. Planning Comm. Seely- This was brought t<s our att(e;ntion as not a-onfurming to the fire regulations in the area and with -the City Attorney os hits. pretation I be>k ieve there is no modiTication and it wound have) to stand. Motion by Councilman Brown., seconded 'by Councilman Barnes and • carried that this matter be referred to the Planning Department and the Public Works Director for full report at next meeting of the CouncI . WRITTEN COMMUNICATIONS RESIGNATION FROM THE The City Clerk Presented and read a PLANNING COMMISSION communication from Mr. E. 0. Adler, E. 0. Adler dated Novamber l$, 1957, tendering his ACCEPTED resignation from than Planning Commission effective as soon as convenient. Motion by Councilman Brown, seconded by Councilman Mottinger and carried that the resignation from they Planning Commission by Mr. E.'O. Adler be accepted with regrets and that a Resolution be drawn up extending appre -tion for his services to the City. • APPEAL OF DECISION LOCATION: West side of Irwindale OF THE PLANNING Avenue between Workman and Rowland Avenues. COMMISSION DENYING ZONE APPLICATION 223 The City Clerk read a letter from Wm H. and Rosalie Lockett appealing the decision of the Planning Commission on Ya:ri a nh��e Applica,ti(Orn No. 223 and the hearing, 'on this matter befa:se this be -set s „c' the date of Dec,,ember 23, 1957. MEETING WITH THE The Clay Clerk Presented and read a WEST COVINA MINISTERIAL communication from the West Covina ASSOCIATION Ministe.:dal Association inviting the Council to a. dinner meeting at 'the Dinnerhorn on next Monday evening December 2nd at 6a30 P.M. It was consensus of the Council that the invitation be accepted and the Ministeria..11 Association be notified that .members of the Counc:ill must heave not, later than 8,15 P.M. in order -to attend p study meeting planaied for later that evening. ME C.C. 117E-25-57 Page eleven • The City Clerk stated that a letter had been received from State Assemblyman Frank Bonelli, copies of which had been provided for the Council, in relation to his inquiry to the Attorney General and the Legislative Counsel regarding limitation and ceiling on Real Property Tax (land & improvements) in the County of Los Ang6les. PLANNING COMMISSION ZONE CHANGE NO. 109 LOCATION: Easterly side of Sunset Avenue, Maurice Kandel southerly of the proposed extension of DENIED Cameron Avenue. REQUEST: R-1 and R-3 uses EXISTING ZONE: R-A Recommended for approval by the Planning Commission at their meeting of October 16, 1957. Resolution No. 545. Notice of public • hearing before City Council on November 22, 1957 published in the West Covina Tribune October 31, 1957. Hearing closed and the matter was referred back to the Planning Commission by the City Council at their adjourned regular meeting of November 12, 1957. Maps were.presented showing the various possibilities of R-.1 development. • The Planning Commission Secretary stated that these maps had been presented at the meeting of the Commission, the matter had been reviewed in the light of these maps, the various study sessions, the remarks made by the Planning Department and those stated at the hearings. The Planning Commission had, upon this restudy, re -recom- mended the approval'of the Precise Plan and the zoning on the basis of their first recommendation and for the reasons given in the first instances. • The Planning Commission Secretary pointed out the various plans as shown on these maps, to members of the Counci!1l, and stated that the majority of protests were from residents on Crumley Street at the Commission hearings and it became apparent to the Commission that this protest was removed when the Commission stated that R-1 was to be developed prior to, or simultaneously with, the R-3 to guarantee the buffer along Crumley Street., Councilman Pittenger: What provision for parking off Cameron? Planning Comm. Sec°ya Driveway access rights are denied off Cameron, forcing all parking off the alley. Motion by Councilman Brown that Zone Change No. 109 be approved, subject to the recoiunendations of the Planning'Commission and City Engineer. . The motion failed for lack of a second. 4 C.C. 21-25-57 1 Zone Change No. 209 Contlnued Page twelve Councilman Pittenger: Apparently the Commission has done a, consi- derable study of plans before they sent it -back to usl. However, I sti: 1 can't see any particular need for R-3 in this area and I am not even convin(�ed we need more in the City. This may be a problem piece of property out I du not think we have any particular obli4ation to 'bail' somebody out even if it is a problem piece. We have a lot of traffic there, we realize, coming out on Cameron but 31 dots of R-1 are not, bo be compared to the 168 units you would have with R-3 to add -to the traffic. I do not see why we should pick these lots to be R-3. It is separated from the business district. I feel we had a natural buffer .in the Walnut Creek Wash and see no reason to go to this particular ,piece, say this is a problem piece, and that we want to help therm out by giving it an R-3 zoning. Councilman Mottingero I do not have a.11 the objections that Councilman Pittenger has to this piece of property, but I st-1;.22 feel very stroilgly Rb,:)ut zoning R--JL t® R-39 or inside a zone 'chit has been pretty well established as a resi- dential zone and people have planned on it as such. We have talked about a revision in our Master Plan and we have done some work on it, but nothing to indicate that we Should change the zone within this aria. Councilman Brown: It seems to me that if the property happens to lay in one certain. place it is not ' desirable for R-3, but if not, it is. Some weeks ago there was a church passed in the n►a Adlle of a residential area which none of the people wanted but it was passed because it was a problem piece. I think we should give it favorable consideration when we ask for a street to be both dedicated and improved by them. The backing up to their property by the subdivision to the north was in my opinion poor planning in the first place. We should allow this man to get his property in so that it is equal to somebody, else ° s. Councilman Barnes: I think we should look this thing over for awhile and hold it up uuntil such time as . we can review this land use and perhaps know what we should have there— I think that might help. Councilman Mottingero I do not believe we can leave the property owner dangling to wait for investigation of the Mas�i�er Plan. if there was some really constructive use in doing so we could, perhaps, hold it over for awhile. -12- C.C. 11-25-57 Page thirteen Zone Change No, 109 m Continued Councilman Pittenger: I think the best potential is Study B and extend Bruce Street to Camixdn. We are going to get no more traffic out of that than with 168 units and two openings on to Cameroun. Councilman Brown: You may not get more traf'fic but you are going to have a. lot more work for the Street Department to clear up rubbish that could be thrown onto a major street, Mayor Kay: You also have to take the problem that if Plan B is considered the City would be obliged to pave it and improve it. • Councilman Pittenger: I understand that, but I feel very strongly about this zoning and'in fairness to the people who own property here we should solve the R.O.W. ourselves and maintain the zoning we should have. Mayor Kay: If this is stuck R-1 to meet the program houses would front on Cameron Avenue. I think it is a foolish move in over-riding the actions of the Planning Commission on this pa;ticulam case. Theme is a problem here that has been recognized for a long time, The Commission has done a study that indicates that R-1 will be properly buffered and this .use could bring in much more revenue to the City and it is not detrimental to R-1, Councilman Mottinger quest6_aved as to where the wmsidentes of the people in objection to this were and who of th6s( objecting were • in the Council Chambers. The addresses -given at the Councilman's request were indicated to be located at 2218 W. Crumley a .1319 Cruumisy 9 1324 W. C;rum'j ey, 1335 Crumley, and 2329 S. Rosewa.y. ti Motion by Councilman Pittenger, seconded by Coca1;,cilmaaan Mottinger that Zone Change No, 109 be denied. Motion passed,on roll call as follows: Ayes: Councilmen Barnes, Mottinger, Pittenger Noes: Councilman Brown, Mayor Xxy Absent; None TENTATIVE MAP LOCATION: Easterly side of Sunset Avenue, TRACT NO. 24225 southerly of the proposed extension of Maurice:Kandel Cameron Avenue, DENIED 7.8 Acres - 24 Lots - Area District 11. • Recommended for approval by the Planning Commission at their meeting of October 26, 1957. Held over from.the.City Council.-meeting.of October 28, 1957. Held over , by City Council at their adjourned regular meeting of November 12, 1957 pending report from the Planning Commission on Zone Change No. 109. 0 E C`,C. 11-25-57 Page fourteen Tentative Map of Tract No. 24225 - Continued Motion by Councilman Pittenger, seconded by Councilman Mottinger that' Tentative,' Map of Tract No, 24225 Be d6nidde Motion passed on roll call as follows: Ayes: Councilmen Barnes,'Mottinger, Pittenger Noes; .'-Coun+cilman Brown, Mayor Kay Absent: None Mayor Kay called a recess. The Council reconvened at 9�:40 P.M. TENTATIVE MAP LOCATION: South of Walnut Creek Wash, TRACT NO, 22268 between Larkwood Street and Azusa Avenue. Fern A. Ryder 6.5 Acres - 17 Lots - Area District II -A. DENIED Recommended for approval by the Planning Commission at theirmeeting of October 26, 1957, Held over by the City Council at their meeting of November 12, 1957. Maps were presented by the City Engineer, Mayor Kay: Since the time of our last meeting I have receivedtwenty some odd letters from people that live reasonably close to the property and in which they express sincere concern in the property going R-3. They have requested that if it is at all legally possible we reverse the decieion of the Planning Commission, I think I expressed myself at the last meeting and I would like to see the Council reverse the Commission's decision on the R-3 consi- . derat&om',­-which would have effect on the Tentative Map No,' 22268. • City Attorney: I do not see how you can repeal a resolution of the Planning Commission where the time in which you could acquire jurisdiction is passed. Without question of the proceeding as to who gave this -and as to whether you could revoke the zoning, it is the general observation that the City has the power to take back any zoning given providing that the zoning has not been relied on or used. If they have not changed their posi- tion to their detriment the City has the power to revoke, 'However, I am puzzled as to how you would revoke it,' It would seem the resolution of the Planning Commission would have to be revoked by the Planning Commission, If this was done I beleive it would stand up, r Mayor'Kay: The Commission.,derives:.its power and grant- ing of variances -through Ordinance No, 325. • City Attorney: The Court has held that changes in variances are not legislative, - `they' are- administrative - authorization could not be..done by the Planning Commission otherwise and you must follow the ordinance and you have only the power the ordinance gives, so you do not retain some inherent changes in .administrative changes but you do so in legislat&,, a changes. It does not state, -however, *hat can be done after the time limit has been passed. C.C. 11-25-57 Page fifteen •' Tentative Map of Tract No. 22268 - Continued Mayor, Kay: We have not adopted the Tentative Map and ,we would presume he could not go a.hea.d -- legally. City Attorney: It is a, question of whether the Planning Commission retains the power to revoke its decision. Councilman Mottinger: Would it be in order to make a recommendation to the Planning Commission in the light of protests, for them to reconsider their action? City Attorney: I think it would be in order and safer than this body trying to do anything. • Mayor Kay: The letters: I rece-i`ved stated that the people who were present at the Planning Commission did not hear the Planning Commission state that an appeal had to be made within 10 days. .,However, ignorance of the law is no excuse, but that it the reason we did not receive a. written protest from those people now protesting, within the.10 days period. Councilman grown: We; lave a cul-de-sac that is 1230 feet long which in my. opinion is a good reason to turn down 'any subdivision map. Mayor Kay: The established policy for the Council has been, I believe, no cul-de-sac street shall exceed 600 feet in length?, Planning Comm. Sec'y: That is 500 feet. Mayor Kay: Would it be better from the point of traffic flow to have a connected street on down it? Planning Comm. Sec'y: In some respects, yes. However, after the study the Planning Commission found very substantial objections to highschool traffic flowing through the street. It was considered at Planning Commission level that their prime -reason for not connecting the street was on the basis of testimony presented in regard to objection of through highschool traffic. Mayor Kay: Was there anything in regard to R-3? Planning Comm. Sec'y: The applicants did plea hardship such as lots only would be on ohe side, relative location of various schools and the shape of the lots. • Mayor Kay: The street to service lots presently facing Larkwood could be cut up the middle of the property and back up to the school. . -15- C.C. 11-25-57 Page sixteen Tentative Map of Tract No. 22268 - Continued Planning Comm. Sec'y: Lots would be very sub -standard. Councilman Barnes Shouldn't Larkwood have gone through? Planning Comm. Sec'y: Yes, at the time this study before you was made. However, that was before the high- school made its acquisition of the easterly 10 acres of land and upset the street pattern. Councilman Mottinger: I believe there is a similarity here to the matter just preceeding this and I would recommendedto the Planning Commission to reconsider the variance with the recommendation that the zoning given is not the proper zoning for the area. • Mayor Kay: What about holding up the Tentative Map? City Attorney: If it is done on the basis of criticism of the map but if you base it on the fact of not liking the variance they would probably file a. Writ of Mandate. Councilman Brown: In my opinion I think the interpretation • of the variance has been stretched a. bit in this case, without prd.or notification of Council. In my own opinion, I would not want to pass this subdivision map due to the long cul-de-sac. City Attorney: The Commission asked.me how this could be accomplished. I was questioned as to how to grant nothing else but the multiple family dwellings indicated and stated it could be done by variance. • Motion by Councilman Mottinger, seconded by Councilman Barnes that the matter of this variance be referred back to the Planning Com- mission for consideration of denial. Motion passed on roll call as f of lows : Ayes: Councilmen Barnes, Mottinger, Pittenger, Mayor Kay Noes: Councilman Brown Absent:. None Motion by Councilman Brown, seconded by Councilman Barnes and carried that Tentative Map of Tract No. 22268 be denied in that it is not in accordance with Section 11-A of the Subdivision Ordinance..' • -16- 0 C.C. 11-25-57 PUBLIC WORKS DIRECTOR'S REPORT Page.eeventeen DEFICIENCIES We have received a letter from the State ON FREEWAYS Division of Highways dated November 19', 1957, in which they transmit two sets of preliminary plans covering works they propose to do on the San Bernardino Freeway and is in reply to our request for many changes. The City Engineer and I looked over the plans and basically speaking the only things they are going to do is take care of drainage problems set forth in the deficiency report. In view of the way they put the letter I would ask your approval and we will sign the plans but still we will keep in reserve our request for the additional items. Motion by Councilman Mottinger, seconded by Councilman Barnes and carried that authorization be given to the Public Works Director to sign the plans indicated, subject to his recommendations. I have given you copies of the letter from the County Engineers' office relative to Sanitary Sewer to the West Covina, County Building, • Capital Project No. 7170.11, P.C. 4594, proposing that the City of Wert Covina contribute 50% of the total cost of the sanitary sewer to be constructed from the intersection of Orange and Service Avenues in Service Avenue, to serve the County Court. I would recommend that the Council approve this proposal, using funds from the Sewer Construction and Maintenance Fund, Account -No. 151 and if it meets with your approval I will answer the letter accord, ingly. -Motion by Councilman Pittenger,;,seconded..by Councilman Barnes and wc,arred that the proposal of the County Engineers' Office as stated by the Public Works Director be approved and to proceed accordingly. 1911 ASSESSMENT_ Under your�Minutes of May 27, 1957,(page 12) DISTRICT 56-4 you authorized Ted M. Walsh and Associates to prrform surveying and construction engineering stakina at:the rates of $6.75 per hour for office .engineering work'and $132.00 per day for three, -man field party work. Because of the extra of.fice;load in the Sanitation Division we required them to assistus in preparing the -preliminary plans and studies for the proposed Second County Wide Storm Drain Bond Issue, ,and we would recommend that the,.agreement with Ted Walsh and Associ- :ates be amended to include the office work required to prepare the sewer plans and profiles for this district. • -17- o C.C. 11-25-57 Page eighteen Sewer Assessment Distr,i.ct 56-4 - Continued Motion by Councilman Brown, seconded by Councilman Barnes that amendment to the agreement with Ted Walsh and Associates to incluee office work required to prepare the sewer plans and profiles for District 56-4 in the amount of $2700.00 be approved. Motion passed on roll call as follows: Ayes: Counc°ilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None SEWER ASSESSPAENT Motion by Councilman Mottinger, seconded DISTRICIr A111-57-1 by Councilman Brown that the recommendations of the Public Works Director be approved ..with regard to Sewer Assessment District A'11-.57-1 as per letter dated November 19, 1957 directeO to the City Council. Motion passed . on roll call as follows: Ayes: Councilmen Barnes, BrovA Mottinger, Pittenger, Mayor Kay Noes: None Absent: None CITY ENGINEER TIME EXTENSION The City Engineer recommended that the PROJECT SS-3 request for a 60 day time extension to ORANGE AVENUE TRUNK complete the contract be approved. Nick J. Leko & Son APPROVED Upon recommendation of the City Engineer, motion by Councalman Brown, seconded by Councilman Barnes and carried that the request fora time extension of 60 days to complete contract in regard to Project'SS-3 (Orange iAvenue Trunk Sewer) be approved. PROJECT C-39 Improvement at Southeast corner of Vine Plans &;;Specs and Glendora Avenues. APPROVED ._The City Engineer recommended approval of plans and specifications and approval of City participation in the project on the following basis: Property owners participation in contract for concrete work $680, 00 City's participation in contract for concrete work. 302.79 Total amount of Concrete Contract $983.45 Concrete Contract Cost to.City 302.79 Estimated cost of Pavement Materials by City 612.00 Total estimated cost to city $914.,9 C.C. 11-25-57 Page nineteen • Time Extension on Project SS-3 - Continued Labor on pavement work to be done by the West Covina Street Department. Project to be financed from Contingency Fund. Upon recommendation of the City Engineer, motion by Councilman Mottinger seconded by Councilman Brown and carried that approira.l be given to plans and specifications and to City participation in Project C-39, subject to the recommendation of the City Engineer. TRACT NO. 24259 LOCATION: South side of Rowland Avenue, City Participation :: between Azusa Avenue and Neil Street. in Improvements (L. R. Gieselma.n) The City Engineer recommended participation APPROVED. by the City in the cost of lowering existing pavement in front of subdivision Tract • No. 24259. Estimated cost $550.00. Upon recommendation of the City Engineer, motion by Councilman Brown, seconded by Councilman Pittenger and carried that the City participAte in the cost of lowering existing -pavement in front of subdivision Tract No. 24259. TIME EXTENSION LOCATION: South side of Workman Avenue, • Tract No. 23634 (W. A. Toland) east of Toland Avenue. APPROVED The City'Engineer recommended the request of.-2 one year time extension for the filing of final map of Tract No. 23634 be approved. Upon recommencation of the City Engineer, motion by Councilman Brown, seconded by Councilman Barnes and carried that a time exten- sion of one year, for the filing of f inal map of Tract No. 23634, be approved. TIME EXTENSION The Planning Commission Secretary stated Overholtzer & that a request for one.year time extension Valley Vaqueros for the development of a Precise Plan in NO ACTION TAKEN regard to zoning granted Overholtzer and Valley Vaquero's property at Citrus Street and Garvey Avenue has been requested. Councilman Pittenger: I believe the first stipulation on that Precise Plan was that''improvements be begun within a certain time on the property. Councilman Brown: It was supposedly the foundation of all the buildings., Councilman Pittenger: The man has built a service station on the . property so presumably he has begun. -19- 0 C.C. 11-25-57 Page twenty Time extension for Overholtzer & Valley Vaqueros - Continued Mayor Kay: When'the Planning Commission became involved in the Eastland Shopping Center it was stated that if development of this area was not started within two years that the property would revert back to the original zoning -- if the zoning was not granted an extension. if the person started a development and stopped, or did not comply with the intentionr-of the zoning as granted the zoning could be reversed on the remainder of the property. I do not think that the service station can be considered tying this Gown as regards construction when you have 29,000 square feet of store buildings propp5ed. A Mr. C. R. Wilson stated that he was the prospective buyer of this • property which is now in Escrow, and upon a question of Mayor Kay as to how soon he expected to take title of the property Mr. Wilson stated that it would now be in about three weeks. Mayor Kay: When you modify a Precise Plan adopted by ordinance the owner must file an amended plan to the Precise Plan and then request a time extension. I think it would be advisable that they (bwners) file a plan or you file . a plan and that will peen the case and get a new time limit on it. Mr. Wilson: I haven't had time to plan it to what I feel would be to the benefit of the City or myself. Councilman Brown: It would take six months for us to revert this back, even if we started proceedings right now. Couldn't you have some sort of plan in by that time or before? Mayor Kay: Apparently the best thing would be no action to be taken now on the part of the Council and that would still give you your present zoning and then you present your plan within a reasonable length of time and then you could get a, new time limit oA-your zoning. PARKS & RECREATION COMMISSION Recommendation for the formation of citizen participation "sports council'. Held over by the City Council from their meeting of October 28, 1957. Parks & Recreation Commission Resolution No. 100. The City Attorney presented and read "A RESOLUTION OF THE CITY COUNCIL OF THE CITY:.OF-WEST COVINA ADOPTING CERTAIN POLICIES IN REGARD TO ORGANX=D SPORTS IN THE CITY OF WEST COVINA." -20- C.C. 11-25-57 Page twenty-one Motion by Councilman Mottinger, seconded by Councilman Brown and carried that the City Council adopt the Resolution as submitted by the Parks and Recreation Commission with the suggested revisions as submitted by the City Attorney. (Resolution No. 1241) CITY ATTORNEY RESOLUTIONS RESOLUTION NO. 1235 The City Attorney presented and read "A Urging taxpayers of RESOLUTION OF THE CITY COUNCIL OF THE CITY the City to attend .OF WEST.COVINA URGING ALL TAXPAYERS OF THE meeting and approving CITY TO ATTEND A CERTAIN MEETING AND APPROVING general purpose thereof THE GENERAL PURPOSE OF SAID MEETING.." Motion by Councilman Brown, seconded by Councilman Mottinger that . Resolution No. 1235 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None. RESOLUTION NO. 1236 The City Attornely presented "A RESOLUTION • Setting time & plpce OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, for hearing of CALIFORNIA, GIVING NOTICE OF THE PROPOSED Annexation No. 159 ANNEXATION OF CERTAIN TERRITORY ADJACENT AND ADOPTED CONTI.GUOUS TO THE PRESENT CITY LIMITS OF THE CITY OF WEST COVINA ("WEST COVINA SOUTHERLY ANNEXATION DISTRICT NO. 159") Location: North side of Francisquito Avenue from 150 feet east of Lark Ellen to 1500 feet west of Lark Ellen Avenue. • Mayor Kay: Hearing no objections we will waive further reading of the body of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Mottinger that Resolution No. 1236 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Myyor Kay Noes: None Absent: None RESOLUTION NO. 1237 Withdrawal from Los,. Angeles County Fire District ADOPTED i THE SAME WITHDRAWN FROM Mayor Kay: The City Attorney presented "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST. COVINA, CALIFORNIA, DESCRIBING CERTAIN PORTIONS OF THE CONSOLIDATED COUNTY FIRE PROTECTION..DISTRICT WHICH HAVE BEEN INCLUDED WITHIN THE CITY OF WEST COVINA AND DECLARING SAID DISTRICT Hearing no objectsions, we will waive further reading of the body of the Resolution. -21- C.C. 11-25-57 Page twenty-two • Resolution No. 1237 - Continued ' 0 Motion by Councilman Brown, seconded by Councilma.n Mottinger that Resolution No. 1237 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None RESOLUTION NO. 1238 The City Attorney presented "A RESOLUTION Acknowledging receipt OF THE CITY COUNCIL OF THE CITY OF WEST of notice of Intention COVINA ACKNOWLEDGING THE RECEIPT OF A COPY to Circulate Petition OF NOTICE OF INTENTION TO CIRCULATE PETITION ANNEXATION NO., 154 FOR THE ANNEXATION OF TERRITORY DESIGNATED ADOPTED AS "ANNEXATION NO. 154" AND AN AFFIDAVIT OF PUBLICATION THEREOF AND APPROVING THE CIRCULATION OF THE PETITION." Location: South side of Francisquito Avenue between Lark Ellen and Azusa Avenue. .Mayor Kay: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Barnes that • Resolution No. 1238 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None RESOLUTION NO. 1239 The City Attorney presented "A RESOLUTION Request to State Board OF THE CITY COUNCIL OF THE CITY OF WEST COVINA of Equilization to REQUESTING THE STATE BOARD OF EQUALIZATION TO examine use tax records PERMIT THE TAX COLLECTOR OF WEST COVINA TO ADOPTED EXAMINE CERTAIN SALES AND USE TAX RECORDS." Mayor Kay: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Barnes that Resolution No. 1239 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None Councilman Pittenger: I would .like to re4uest that the following statement be spread in full upon the Minutes. . Considerable friction seems to be growing in the Walnut Area over the competition between our Annexation District No. 160 and the proceed- ings,.,for the incorporation of the proposed City of. Walnut. It has been charged that the City of West Covina, while asking the people of Walnut to consider annexation, is holding an axe over their heads in the form of an annexation proceeding which legally threatens their right to self-determination. C,C. 11-25-57 Page twenty-three • Councilman Pittenger - Continued In my opinion, this City 6hould not take any action which will cause ill feeling and set faction against faction within the Walnut area, nor should it take any action which would deprive the people of that° area of a free and democratic opportunity to select their own form of local self-government. Even though our City Attorney advises us that our annexation proceed- ings take precedence over the incorporation proceedings because the annexation was commenced first and the approval of the Boundary Commission is not necessary to the validity of the proceedings, I feel that West Covina should attempt to accomplish the voluntary annexation of substantially the entire area or else abandon the effort to annex ..any part of the area described within the incorporation proceedings. • If Annexation District No. 160 is terminated, West Covina should be free to attempt to win the favor of the residents and landowners of Walnut by the submission to them of the facts showing the merit and advisability of annexation to West Covina on a free and voluntary basis and wii;hout any threat of litigation hanging over their heads. In the meantime, this City should submit a new and revised boundary description for a future annexation to be used only in the event the incorporation movement does not succeed. I therefore, move as follows - That the City Attorney be instructed to prepare a resolution for submission later in this meeting rescinding Southeasterly Annexation District No. 160 without prejudice to the right to reinstitute the proceedings in the event the incorporation of Walnut Should fail; • That the City of..West Covina submit to the people and property owners of Walnut facts and arguments favoring annexation to this City for their free and voluntary consideration but that this City shall not otherwise oppose the proceedings for the incorporation of the proposed City of Walnut;` That there be prepared and submitted to the County Boundary Commission a revised description for the annexation of territory in the Walnut area to be ready for use only in the event of the failure of the incorporation proceedings; That this City take no step which would jeopardize the right of democratic self-determination. Councilman Brown seconded the motion made by Councilman Pittenger in the above statement and the motion was unanimously carried. • -23- i x� t C.C. 11-25-57 • RESOLUTION NO. 1240 Repealing Resolution No. 1225 (Annexation No. 160) Pa0e twenty-four The City Attorney presented and read "A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REREALING RESOLUTION NO. 1225." ADOPTED Motion by Councilman Brown, seconded by Councilman Mottinger that Resolution No. 1240 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None ORDINANCES ORDINANCE NO. 553 "AN ORDINANCE OF THE CITY COUNCILOF THE CITY SECOND READING OF WEST COVINA FIXING THE TIME AND PLACE OF Fixing time & place of REGULAR MEETINGS OF THE CITY COUNCIL, AMENDING 40 City Council meetings. ORDINANCE NO. 502:, AND REPEALING_ ORDINANCE ADOPTED NOS. 1 AND 236." Mayor Kay: Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Brown, seconded by Councilman Pittenger that • Ordinance No 553'be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None ANNEXATION NO. 158 The City Attorney suggested revision in the Description revised description of the area of Annexation No. 158. Motion by Councilman Brown, seconded by Councilman Mottinger ordering the exclusion of less than 5% in area of the territory within that Annexation. consisting of a strip beginning on the south line of that annexation; 295 feet West of the most Southeasterly corner of that annexation; and of a depth which will leave a strip between that Annexation and Annexa.tion.No. 6 to the City of Industry of 205 feet in width from this point to the point where the westerly line of Annexation No. 158 meets the north line of Valley Boulevard. That the Engineering Department prepare a description of the territory so to be excluded and that a revised description of the boundaries of Annexation District No. 158 be submitted to the County Boundary Commission for a report. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Bronw, Mottinger,, Pittenger, Mayor Kay • Noes: None Absent: None -24- iA n LJ C.C. 11-25-57 ORDINANCE NO ANNEXATION NO.-M HELD OVER KNOWN AS 'WEST COVINA ORDINANCE CHANGING SPEEDLIMIT ON SOUTH SUNSET AVENUE Introduction Held over Page twenty-five APPROVING THE ANNEXATION TO, INCORPORATING IN AND MAKING A PART OF SAID CITY OF WEST COVINA, CERTAIN UNINHABITED TERRITORY OUT- SIDE OF THE SAID CITY AND CONTIGUOUS THERETO, SOUTHERLY ANNEXATION DISTRICT NO. 158'." Reducing speed limit on South Sunset Avenue from 55 MPH to 35 MPH. Held over -SPEED LIMIT SIGNS Mayor Kay: In the matter of signs a request Vine Avenue came to me to have some speed limit signs posted on Vine Avenue from Citrus Street to • Azuxa. Avenue. However, there is a conflict in that'iboth County and City own part of the street. Motion by Councilman Barnes, seconded by,Councilman Brown and carried that this matter be referred to the City Manager for investigation in obtaining the cooperation of the County with the City in the matter of signs to be posted. • PERSONNEL ORDINANCE Establishing a personnel system for the City Introduction Held Over of West Covina and repealing all Ordinances and parts of Ordinances inconsistent therewith. This Ordinance is to be submitted at the personnel meeting of Council to take place Monday, December 2, 1957, with -intention of revision of the Ordinance Wore introduction. City Attorney: There is an Ordinance to be introduced and I . would state in regard to it as follows: This ordinance is urgently required for the immediate preservation of the public peace, health and safety and is hereby declared to be an urgency measure and shall take effect immediately upon its passage A statement of the facts constituting its urgency is as follows: That there are now pending proceedings for the annexation to the City of West Covina of territory completely unsuited to the R-1 Zone that Ordinance No. 535 now provides that all territory annexed to the City shall be zone R-1 upon annexation; that such zoning would be contrary to the beneficial use of said territory and that it is imperative that provisions for its proper zoning be made prior,.to the effective date of said annexations." Motion by Councilman Brown, seconded by Councilman Pittenger and r carried that the findings of these facts, as stated by the City Attorney are true and the urgency exists. -25- • • C.C. 11-25-57 Page twenty-six An Ordinance amending "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY provisions of zoning OF WEST COVINA AMENDING THE PROVISIONS OF 7HE ordinance relating to ZONING ORDINANCE RELATING TO"M ZONING OF zoning of annexed terri-ANNEXED TERRITORY, DECLARING THE SAME TO BE tory, declaring to be AN URGENCY MEASURE AND RECITING THE FACTS an urgency measure CONSTITUTING THE URGENCY." INTRODUCTION Motion by Councilman Mottinger, seconded by Councilman Brown and carried that the Ordinance bVintroduced. CITY' CLERK CHRISTMAS TREE SALES FOR 1957 Additional requests for Christmas tree lots and sale of trees for 1957. Requests were received from the following: 1) M. B. Parker and R.-W. Goede LOCATION: Lot at 1005 South Glendora Avenue 2) Vernon W. Snell LOCATION: 1046 West Garvey Avenue (.Lot next to Woolworth's in the West Covina Plaza) 3) Jack Sullivan LOCATION: Lot next to Union Oil. Station, corner of Citrus 'Avenue and Service Road. 4) The American Legion - West Covina Post No. 790 'LOCATION: Lot at 330 North Azusa Avenue and Lot located on the West side of Glendora Avenue, south of the Wash. • Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that permission be granted to sell Christmas Trees as requested by the Applicants at the locations designated, providing there is the purshasing of the proper business license from the City, and subject to the inspection of the Fire Department and Police Department. APPLICATION FOR TAXI- Applicant: West Covina. Cab Company (Delbert CAB OPERATOR''S PERMIT Schappell and Louis Servia) Motion by Councilman Br6*h, seconded by Councilman Pittenger and carried that this application be approved provided it meets with the Ordinance set up by the City in regard to taxicabs, subject'to'a. possible change in color of the taxicabs as designated by the County. REQUEST FOR CONSTRUCTION Planning Commission Secretary read the OF HOME WHILE SUBDIVI__ request by applicant, C. K. Boyd. SION MATTER IS IN PROCESS • M & B Subdivision'135-143 LOCATION: Southeast corner of Vine Avenue DENIED and Valinda Avenue. Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that the request of C. K. Boyd.for the construction of his home on property while the subdivision matter is in process'be denied. • C.C. 11-25-57 Page twenty-seven CONTRACT AGREEMENT Motion by Councilman Brown, seconded by CHAMBER OF COMMERCE Councilman Barnes and carried that the _. CONDITIONAL APPROVAL Council approve the contract agreement with the Chamber of Commerce, subject to their accepting the changes designated by the City Attorney and that the Mayor and City Clerk be authorized to execute the agreement. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Bronw, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None CITY TREASURER Motion by Councilman Brown seconded by Report for October, 1957 Councilman Barnes and carried that the City Treasurer's Report for October, 1957 • be accepted and filed for the record. COUNCIL COMMITTEE,'REPORTS BADILLO DRAIN Councilman Brown: I,contacted Supervisor Legg in regard to flood control and it was stated they cannot help us with the flood control situation and that it is a local problem. It is my intent to indicate to them that they • have changed the master plan of flood control with additions and that if they can do that without public hearings that I*pee no reason why they cannot do it for us also. Mayor Kay: I talked with Supervisor Legg also and it was indicated that this matter was a local problem and not a County problem sand that we would -have to solve ' it ourselves. 'He agreed to set up this matter for us for discussion with Col. Hedger the first week in December',. -:-but would not attend himself. MEETING OF THE COUNCIL It was consensus of the Council that any WITH SENTOUS HOLDING CO. day for a, luncheon meeting that could be AND MR. WINNETT arranged for next week, or Tuesday ev'aning of next week for an evening meeting would be in order. City Manager and/or City Attorney to make the arrangement. Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that the City Manager be authorized to attend the AMA meeting in San Francisco if his schedule can be so arranged. REPORTS, CITY MANAGER There had been the possibility of an arrangement for the Baldwin Park Water District to use the City Water, line in Azusa Canyon Road with • the details to be worked out between the Baldwin Park Water District and the Azusa. Irrigating Company. However, they could not seem to come to any,,agreement between them and now there is indication that the Baldwin Park Water District is going ahead with their own line and not use the City line. In addition to the arrangement difficulties, it was found the present line was below the standards they use in their district. They are going around us and making other arrangements with the Azusa Irrigating System. C.C. 11-25-57 Page twenty-eight • City Manager•- Continued We spoke of the matter of the State Retirement System and your notice of intention in Resolution form to accept this. However, I would suggest that the Council, employees and staff sit with the State representatives in regard to this matter to discuss the details of this System. The information that came back to us contained the basis of a contract for this program and there are some things I think the Council should have clarified in their minds before proms ceeding. Part of the recommendations of the Board of Fire Underwriters in connection with our recent regrading was in relation to the hiring of additional fire personnel. -In the form of Captains to give us full • time captains with each shift. They recommended this be done along with m"ther things such as additional engine companies. We have no provisions in the budget for additional captains. Motion by Councilman Brown, seconded by Councilman Mottinger and carried that authorization be given for the increased employement in the Fire Department as recommended by the City Manager and to proceed as indicated. We have had approval of our request to use Eastland facilities, exclusively to West Covina., to facilitate our Civil Defense and Disaster Program. • The City Manager presented the annual Audit Report and also an Audit report" df•'Specia.l Account which .the'Council 'e6tablished years ago reflecting the cash deposits of developers and subdividers. The City Manager presented a copy of the annual inventory of safety activities. AUDIENCE PARTICIPATION Mrs. M. Van Dame stated that since the City gives $300.00 per month to the Chamber of Commerce she did not think that their office should be brought into the City Hall and that they should have a place of their own and pay their own expenses. Mrs. N. Van Dame stated that it was her opinion that the members of, • the Parks and Recreation Commission should receive some renumeration for 'their work and suggested the amount of $15.00 a meeting. Mayor Kay stated that Councilman Brown would be designated as a com- mittee of one to discuss this problem with Mrs. Van Dame. -28- • C.C. 11-25-57 Page twenty-nine DEMANDS APPROVED Motion by Councilman Barnes, seconded by Councilman Pittenger that Demands in the amount of $196,310.66 be approved as shown on Demand Sheets B-32, C-60 and C-61. This to include fund transfers in the amount of $71,807.40 and bank transfers in the amount of $90,000.00. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None There being no further business, the meeting was adjourned at 12:01 A.M. • • • -29-