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02-10-1958 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA February 10,rF 1958 The meeting was called to order by Mayor Ray at 7:40 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, City Treasurer, City Attorney City Engineer, Planning Comm..Sec'y, Publics Works Director, Sanitation Engineer, 0 Absent: None APPROVAL OF MINUTES Regular meeting of January 27, 1958 - approved as submitted. The Minutes of the Adjourned Regular Meeting of January 28, 1958 were approved as corrected as follows: • Page 3, Para. 2 should read 'The Planning Commission Secretary read, etc.,' PUBLIC'WORKS DIRECTOR'S'REPORTS PAINTING OF ADDRESS Public Wks. Director: Items No. 5, 6 and 7 on NUMBERS ON CURBS the Agenda include three APPROVED of the matters I was requested to present a. report on. Item 5 was with respect to a business license for the painting of address numbers on curbs. It is my recommendation, in conjunction with the Police Department, that this matter be approved subject to the following: A. Applicant to procure proper business license. B. Applicant to demonstrate operation and use of materials to the Public Works Department and secure their approval of the same prior to any work being done. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the request for a business license to paint address numbers on curbs be granted, subject to the recommendations of the Director of Public Works and the Police Department. TRACT NO. 13892 LOCATION: South of Country Club, east of E1 Rancho Estates Citrus Street. The following report was presented and read by the Public Works Director. 0 C. C. 2-10-58 • PUBL. WKS, DIREC, REPORTS - continued Page two "An investigation of the past records reveals the following- 1. The City Council of the City of West Covina, at a special meeting on May 7, 1946, received a petition for the proposed.annexation of the El Rancho Estates property and a 30' strip of property belonging to Birtcher Corporation, Petitioners were represented by Mrs. Eleanor Samuels, Mr. Birtcher and Mr. Boyle, engineer. 2. Ordinance No. 123 annexing the property was passed by the City Council of the City of West Covina on May 22, 19460 3. The improvement plans, profiles and specifications were prepared • for County submission under date of April 11, 1946. At June 12, 1946 meeting of the City Council one of the petitioners was in- formed the improvement plans and profiles were to be processed through the jurisdiction of the County of Los Angeles. There is no record in the County offices that these plans and profiles were processed or approved by the County. The improvement planes and profiles now on file in the City of West Covina indicate a proposed 21' plant mixed.surfacing (200-300 penetration asphalt). No approval by either the County of Los Angeles or the City of West Covina is.indicated thereon. 4. The City Council accepted the final map of tract No. 13892 on July-,31, 1946. The final map was recorded on August 23, 1946. 5. The City Council was notified in a letter dated February 5, 1947 that the road work was completed and was requested to release the bond, 106. In a. communication to El Rancho Estates dated June 16, 1948 the City Engineer stated certain work failed to conform to the plans and profiles for said work and suggested revisions thereto. 7. In a communication from the City Attorney under date of December 9, 1.948, the El Rancho Estates were informed that the work was not completed in conformity with the plans and profiles and that the City would retain certain funds on deposit. 8. In august, 1955, the City forces rebuilt for drainage reasons, the intersection of Citrus Avenue and Lark Hill Drive. 9, In August, 1.956, the City forces rebuilt 400 feet of Lark Hill Drive easterly of Citrus Avenue. 10. The City has,in its regular street maintenance operations,..patched the streets in the El Rancho Estates. The average yearly mainten- ance costs for the past two years can be obtained from our time • cards. 11. Sewers are being constructed in a portion of this tract. -2- • C.C. 2-10-58 Page three PUBL. WKS, DIREC. REPORTS - continued All streets within the subdivision are local streets which do not qualify for construction projects with gas taxi funds although they could be resurfaced as a maintenance project to the thickness of 1-1/21" at an approximate cost of $23,0W00. Within the City are several other local streets which also require similar treatment. Therefore, the City Council should consider a standard policy for this type of request keeping in mind the need for using funds on highways and streets of major importance. The attached letter from the City Engineer indicates an alternative method to finance the reconstruction of local streets by the 1911 Assessment Act Procedure. 4s there are several streets and highways which have similar needs,, he City Council should consider authorizing a survey of these needs and establishing either an Assessment Act Procedure or a long range program to provide this relief. Uf the people within this subdivision wish to proceed immediately they could do so by the 1911 Assessment proceedings." The following is a communication, referred to by the Director of Public Works in the preceeding report, addressed to Mr. W. 0. Baker of 2904 Far View Lane, West Covina, dated June 11, 1957 from the City Engineer • and in reference to Tract No. 13892. "We wish to acknowledge receipt of your request for street repairs dated March 12, 1957. I believe you have noticed that upon receipt of your request we im- mediately dispatched our repair crew to your neighborhood and repaired several places in the existing road surface. Due to the circumstances and conditions under which the tract you live in was annexed to the City, the City of West Covina is limited in the amount of maintenance that can be applied to streets in the area. The fact that existing streets were substandard when the area was annexed creates a terrific maintenance problem. They were not designed and constructed well enough to withstand the traffic loads and weather elements to which they are subjected. In this case the City's mainten- ance efforts must by confined to repair and maintenance of the upper 1-1/2 inches of the`..existing pavement surface. Any drastic major repairs or rebuilding of 'the existing pavement is a problem that will have to be financed and paid for by residents of the area. The State Statutes have provided ways and means for this type of project to be processed under what is known as the 111911 Street Improvements Act" Such a procedure requires signatures on proper petitions of over 50% of the people of the area. (60% is desired before we would recommend such a proposal to the City Council in order to clear what is known as the Debt Limitation Act.) After quit a lengthy procedure assessments are • made for each property benefited and, if not paid for in cash, the assessments are then spread on the County's tax roll. im a C. C. 2-10-58 Page four • PUBL. WKS. DIREC. REPORTS - continued I have attempted to explain, at some length, the conditions that exist in your area. In reading between the lines of your request, it was apparent that there is some misunderstanding about the City's mainten- ance obligations. I hope we have explained them to your satisfaction, and if further information is needed, we will be glad to confer with you. it Mayor Kay- Boiling the matter down it would appear that if the property owners in this matter do not want to go in under the 1911 Street Improvements Act then it would be necessary for them to wait until scheduled into the local street replacement program. Is that correct? • Dir. Publ, Wks..- That is correct. Mayor Kay: If it meets with approval of Council I believe a copy of the report should be forwarded to the person or persons who made the request. Councilman Mottinger: I believe it would also be in order to request that a survey- be made of similar needs in the City so that an over all picture can be appraised. •It does not put us in a good position to improve streets in one area in deference to those in another area. Mayor Kay: I ' f there is no objection from Council a copy of this report will be sent out to those making this request and there should be a follow up of a program in re- lation to our local street work, 0 It was consensus this be done. The Public Works Director presented to members of Council the Building Department Report for January, 1958. TRACT NO. 21014 LOCATION: South side of Cortez Street, Swartz-Yedor Bldg. Corp. east of Barranca Street. Report of Public Works Director and the City Engineer in regard to site grading operation. The report indicated that an investigation had been made with regard to the grading and drainage . operations as requested by the Council and in response to. Attorney Frances G. Welton's letter of January 27, 1958. That Mr. and Mrs. Howard, the Schwartz-Yedor Building Corporation and the City of West Covina reached an agreement satisfactory to all -4- . C.C. 2-10-58 Page five • PURL, WKS. DIREC.. REPORTS -continued parties involved by the following methods and improvements agreed upon: 1. Schwartz-Yedor has agreed to construct a 1.211 high beim on the easterly line of the tract directly opposite Mr. Howard's driveway to eliminate danger of backing over a six foot cut slope; 2. Schartz-Yedor has agreed to.remove all mud and silt deposited by the erosion of the new fill slopes and will provide a, satisfacto- ry means of preventing additional mud from encroaching on the driveway. 3. The developer has also agreed to extend and provide additional• - drainage facilities that will be satisfactory to the Engineering Department and.will tend to minimize future maintenance problems. Mayor Kay: I believe, with the situation existing as it is, it is very important that certain of these matters agreed upon be taken care of immediately. The Public Works Director indicated that these things would proceed im- mediately. toThe City Clerk stated that four communications had been received in regard to this same problem from the following persons: Albert R. Gibson of 19444 East Cortez Street Harold N. and Margaret J. Lang of 19440 E. Cortez Street Howard V. and Sylvia, M. Calverley of 19226 E.- Cortez Street Raymond R. Lance of 19442 Cortez Street *Mayor Kay:, If .there are no objections from Council, copies of this report should be mailed to those people from whom we have received the - various communications, and to Mr. and Mrs. Howard. It was consensus that this be done. SCHEDULED MATTERS ANNEXATION 157 (ELECTION) Canvass result of electionon Annexation No. 157, held on February.4, 1958. City Clerk: I herewith present to Council, envelope No. 2, con- taining the election returns and envelope No. 4, which contains semi-official returns. Envelope No. 2 is to be opened and checked by the Council. Mayor Kay., There were no absentee ballots? City Clerk: There were no absentee ballots. .C.C. '2-10-58 Page six • ANNEX. #157 (ELECTION) - continued Mayor Kay: In this type of election are these ballots counted similar to a municipal general election or is the certification of the officials at the Polls satis- factory? City Clerk: The certification of the officials at the Polls is acceptable. Mayor Kay: There is shown a vote of thirty-six (36) in favor and two (2) in opposition, signed by the Inspector and the Judge. Thirty-eight (38) people signed to vote in the election, indicating the • number count is correct. There are no challenges or assisted voters. I believe at this time a motion would be in order to accept and declare official, the result of the election on Annexation No. 157 as thirty-six (36) in favor and two (2) in opposition, with no absentee ballots and nochallengingballots. Motion by Councilman Mottinger, seconded by Councilman Brown and carried that the report of the Election Board in the matter of elec- tion held on Annexation No. 157 showing a 'YAS' vote of thirty-six (36) votes and a 'NO' vote of two (2) votes be accepted. RESOLUTION NO. 1279 Declaring the result of a-Special'Election held on February 4, 1958 and isthe result of Canvass of the votes. (Annexation No. 157) ADOPTED The City Attorney presented'and read "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON THE 4TH DAY OF FEBRUARY, 1958, AND THE RESULT OF THE CANVASS OF THE VOTES CAST AT SAID ELECTION." . LOCATION: N/W and N/E corners of Francis- quito and Glendora Ave. Motion by Councilman Pittenger, seconded by Councilman Barnes that Resolution No. 1279'be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None Mayor Kay retired from the Council. Chamber at 7:55 P.M. and the Chair was taken over by Mayor Pro Tem Mottinger. PUBLIC HEARING INSTALLATION OF SANITARY SEWERS District A'11-57-2 APPROVED Hearing of protests or objections to forming 1911 Act Sanitary Sewer Assessment District in the Margarita Drive, Cabana Avenue, and Roseway -6- C.C. 2-10-58 Page seven • PUBLIC HEARING - continued street Sewer District. Set for hearing on this date by -Resolution of Intention No. 1265, passed by the City Council at their regular meeting of January 13, 1958. Mayor Pro Tem Mottinger: The hour of 8:00 P.M. having arrived, this is the time and place for hearing protests or objections againstthe improvement of Margarita Drive, Cabana Avenue and Roseway Street Sewer District as described in Resolution of Intention No. 1265. Mr. City Clerk, do you have the following affidavits relative to this hearing? • 1) Affidavit of. Publication, 2) Affidavit. of Posting. 3) Affidavit of Mailing. City Clerk: I have the affidavits. Mayor Pro Tem Mottinger: I will entertain a. motion to receive and file the affidavits. Motion by Councilman Brown, seconded by Counci lman Barnes and carried that the affidavits be received.and filed. Mayor Pro Tem Mottinger: • Sanitation Engineer: desires to know how much available here. I now ask the Assessment Engineer to read the preliminary assessment spread based on -estimated cost. The Assessment Engineer was unable to be pres ent but I have the tentative spread of assessment before me and if.a,nyone their exact assessment is the information is Mayor Pro Tem Mottinger questioned if there were any in the audience who desired to have specific information with regard to this assessment district. No such request for information was forthcoming. Mayor Pro Tem Mottinger., Mr. City Clerk, have you received any written protests or objections against the doing of this proposed work? City Clerk: There have been no protests received, written or oral. Mayor Pro Tem Mottinger: Is there anyone in the audience who wishes to register protest with regard to this sewer development? No protests were presented from the audience. -7- C.C. 2-10-58 Page eight • PUBLIC HEARING - continued If there are no protests, written or oral, then I believe we should entertain a motion for the closing of this hearing. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that the hearing on the Installation of Sanitary Sewers, District A111-57-2, be closed. RESOLUTION NO. 1280 District A'11-57-2 Ordering work to be done in accordance with Resolution of Intention • No. 1265 ADOPTED The City Attorney presented and read "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING WORK TO BE DONE ON MARGARITA DRIVE AND OTHERS IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 1265.11 Motion by Councilman Brown, seconded by Councilman Pittenger that Resolution No. 1280 be adopted.. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Pro Tem Mottinger Noes: None Absent: Mayor Kay RESOLUTION NO. 1281 The City . Attorney presented and read (District A'11-57-2) "A RESOLUTION OF THE CITY' COUNCIL OF THE Directing bids to be CITY OF WEST COVINA, CALIFORNIA, DIRECTING opened, examined and BIDS TO BE OPENED, EXAMINED AND DECLARED declared by the City BY THE CITY CLERK." Clerk ADOPTED Motion by Councilman Brown, seconded by Councilman Barnes that Resolution No. 1281 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Pro Tem Mottinger Noes: None Absent: Mayor Kay UNFINISHED MATTERS UNCLASSIFIED USE PERMIT NO. 24 LOCATION: East side of Citrus Avenue, Valencia Heights Water Company between Walnut Creek Wash and and Ridge Riders Vanderhoof Drive. APPROVED EXISTING ZONE: R-A REQUEST: Permit a recreational center, privately and/or publicly operated. is C. C. 2-10-58 Page nine UNCLASSIFIED USE PERMIT NO. 24 - continued Recommended for approval by the Planning Commission at their meeting of January ?, 1958. Hearing held by City Council on January 28, 1958. Hearing closed, Held over from adjourned Regular Meeting of January 28, 1958, pending receipt of report from Planning and Park & Recreation Department, Mr. Gerschler: I was instructed to consult with the Ridge Riders (Planning Dept.) in the matter of moving their use across the street. This was done and they indicated they have no objection to such a suggestion and it was further indicated they have no particular preference to which property • they might use. Mr. Gingrich: I contacted Mr. Leslie and basically the report (Recreational Dir.) is the same as stated by Mr. Gerschler of the Planning Department. Mayor Pro Tem Mottinger: Was there any discussion or thought with regard to the location of these activities? Can they be located properly on the adjacent sites? Mr. Gerschler: Speaking for my -self and Mr. Gingrich I do not believe we were instructed to make such an in- vestigation. We have discussed it tentatively but have no report on it at this time. Councilman Pittenger: Didn't we request the City Attorney to find out whether or not we could permit a group such as the Ridge Riders to use City property under a. lease agreement? City Attorney: You can permit the use of City property, other than park property, under a lease agreement, but it is not permitted on park property unless it is terminated as a. public park. You can permit them to use park property but not on an exclusive basis, only as long as the permission leaves the park property open for like use by other people in other groups. Councilman Pittenger: It seems we ate making quite a project our of this. Originally we tried to lease land to accommodate the riding group and also for use as a. baseball park. This idea of moving it across the street came up at the last •Council meeting, and I think that we would have quite a, 'hassle' to move this over to the smaller section of the park. It is smaller in the .section on the east side at Cortez and closer to a house than the rid- ing ring in the far easterly end of the property. -9- C.C. 2-10-58 Page ten • UNCLASSIFIED USE PERMIT NO. 24 - continued I think we should get back and discuss the basic issue before us, as to whether or not we grant this use on this property east of Citrus. I think we can work this out with the riding group and baseball Diamond. Councilman Brown: .1 agree with Councilman Pittenger. The only problem is purely the loudspeaker involved in the park under consideration, and I think that is for the riding group and there could be a time limit put on it regarding the time allowed to start the loudspeaker and the same for the ball Diamond. I think the biggest argument was sleeping late on Sunday mornings and not having this noise of the speaker going. • Councilman Pittenger: I understand that the City could control the loudspeaker, turning it away from those homes and directing it toward the freeway. The ampli- fication also could be controlled. It seems that we have quite a few controls on it and it could be policed so it would not be mis-used. Motion by Councilman Brown, seconded by Councilman Barnes and carried that Unclassified Use Permit No. 24 be approved, subject to the recom- mendations of the Planning Commission and Planning Department, with the condition that the loud speaker is not to be used prior to 10:00 A.M. of a morning. Councilman Pittenger: Is that satisfactory to the riding group? The riding group representative stated that it is a matter that could be satisfactorily worked out and 'that during the week the riding area is used very sparingly with about one horse show a month, usually on Sunday, which would not start before 9 or 10 in the morning. It was his opinion this stipulation of Council would not conflict in any way in controlling and using the loudspeaker system. Mayor Pro.Tem Mottinger: I would remind thoseinterestedin this that part of the Planning Department recom- mendations are that the public address system be used in conjunction with the riding arena (only) and be installed and operated in a. manner eliminating any nuisance to surrounding resi- dences. This should be underlined and if it becomes a nuisance we will have to take appropriate action at that time, GENERAL MATTERS ORAL COMMUNICATIONS Mr. A. R. Jett of 1432 Danes Drive stated that he was here as a. repre- sentative from the Chamber of Commerce.. ffl am here to ask Council to work with us on a project that we think is of interest to the City. That is by appointing a committee composed -10- C.C. 2-10-58 Page eleven • ORAL COMMUNICATIONS - continued of members of the Chamber of Commerce, City Council, Board of Public Works, Planning Department and Realty Board. We think this group all have a common purpose and that is' ' the best development of the City of West Covina that can be obtained." We now have a member of the Realty Board who has talked to the Planning Department and Public Works Department in regard to this and I think the feeling is pretty general that it would be a good thing in that it would save the City money. It is a. group to study needs and future development of the City with the view of recommending to the Planning Commission and the City Council its findings, opinions and ideas of what they think would be good. • We have on file with the City Clerk a. letter to his affect and would ask the City Clerk to read it and that the Council take action upon.it," The City Clerk presented and read the communication, which in essence related to the above statements as made by Mr. Jett. Councilman Brown: There are some 30 merchants in the City that have a, Merchanta'*,'S' Association. I have attempted to contact Mr. 'gentley, unsuccessfully, in •relation to this. I believe we would have to speak to this other group before we can hand this over to the Chamber of Commerce. Mayor Pro Tem Mottinger: Weren't you to work with the Chamber of Commerce and get them going and cover the City as a whole? Is that meeting tomorrow at noon? *Mr. Jett: That is correct.. Is Mayor Pro Tem Mottinger: I appoint Councilman Brown to attend this meeting and we will take definite action later after consulting with the Board of the Chamber of Commerce, which is something we have already attempted to do. However, I would approve of the idea. of this meeting together in the interests of the City. The City Manager introduced Captain Short and Capt. Sein of the West Covina Fire Department, and Chief Hardin, and stated that they should be commended on their recently receiving certificates from the Fire Institute of the University of Southern California for Fire Adminis- tration. The City Manager stated that such interest in these matters are of a benefit to the City and entire community. -11- C. C. 2-10-58 Pag(@*twelve • ORAL COMMUNICATIONS -.continued Mayor Pro Tem Mottinger: On behalf of Council I 'would certainly commend these men in the Fire Department on their work and passing of this course at the University. I acknowledge the fact we were invited to attend the graduation exercises but'that it.was unfortunate that we were involved in too many other things at the same time. However, we did send word and want to congratulate these men on taking this course and successfully completing it. I would,like to see more in the Department advance themselves in this way.' WRITTEN COMMUNICATIONS REQUEST TO SOLICIT • City of Hope APPROVED The City Clerk Presented and read a com- munication from the City of Hope requesting permission to solicit for funds on Sunday, June 8, 1958. Councilman Pittenger: The City of Hope wa,s invited to join the United Fund Drive this Fall. They were in the United Fund in Covina, and I think that the United Fund is where they should be. I would grant this, but at the same time I feel that a letter should be written - to them requesting •that they include their solicit request for funds in.the future with. the United Fund effort. ,Motion by Councilman Brown, seconded by Councilman Pittenger and carried that request of the City of Hope to solicit in West Covina on Sunday, June 8, 1968, be approved.but that it is further stipulated that a communication be sent to them that they are requested to join • with the United Fund in the City of West Covina next year. TERMINATION AS PUBLIC RELATION CONSULTANTS W.H. Montgomery (March 15, 1958) ACCEPTED The City Clerk presented and read a com- munication' -dated February 10, 1958 from W. H. Montgomery which stated that they would be unable to continue to serve the City as Public Relation Consultants and requested that these services to the City be terminated March 15, 1958. Motion by Councilman Brown, seconded by Councilman Barnesand carried that the request of W. H. Montgomery to terminate their services as Public Relation Consultants to the City of West Covina On the date of March 15, 1958 be accepted. EMPLOYEE'S RETIREMENT PLAN STUDY APPROVED The City Clerk presented and read a. com- munication, dated February 7, 1958, from Rom Stever & Company in relati ' on to a Retirement Plan Study to be made for, employee's of the.City of West Covina. C.C. 2-10-58 Page thirteen EMPLOYEE'S RETIREMENT PLAN - continued A cost estimate of a study of such a Plan would be $650000 and con- sideration would also be given to contributions being made by the employee's and the effect these contributions will have on both profits and portion of the cost of the program to be borne by the City. Mayor Pro TearMottinger., The City has adopted a Personnel Ordinance and we have indicated our -desire to establish a retirement system. The only thing we are hesitating on at the present time is the amount of money that is required for retroactive retirement compensation. Under the State Employee's Retirement Plan that would amount to a considerable amount of money, estimated at $100,000.00 to get any definite information on that. , and we haven't been able sWith this before us -we thought we would investigate the Possibility of hatring private concerns, or insurance companies, offer a similar Plan if available to a city and city employee -is and therefore contact was made with two insurance companies, both of whom referred us to this Ron Stever & Company, an actuary firm, for study of the matter. They Propose a study to be made at the cost of $650.00 and it would determine whether we could do better with 2 Private firm or the State Retirement System. Councilman Brown. Due to the fact that the State plan does let you know, the cost from one year to the next, and is not set u no actuary, I feel it is worthwhile to spend the $650.00, andp sowith move. Motion by Councilman Brown, seconded by Councilman Barnes that the services of Ron Stever & Company be accepted to make a study at the OCost of $650.00 in relation to a retirement Plan for the employee's f the City of West Covina.. Motion Passed on roll call as follows: Ayes., Councilmen Barnes, Brown Noes: None Pittenger, Mayor Pro Tem Mottinger Absent: Mayor Kay ZONE VARIANCE NO. 71 LOCATION, 1912 W.'Merced Avenue Church of Christ BOND BE ACCEPTED FOR City Engineer: We have received a, communica- HALF STREET tion in relation to a building permit to build a church building. A question arises in regard to a half street along the northwesterly side� The states as follows: communication "Improvements along the front,we can understand the necessity of, before Wa building permit is issued. However, the half street along the north - esterly side will be built if and when it is necessary for our own -15- C.C. 2-10-58 Page fourteen • ZONE VARIANCE NO. 71 - continued use or if neighbors at 1244 Sunkist, who own adjoining property, wishes the half street. If our thinking is right'on this we are .able to continue with our plans but if we have to put a half street in before building permit is issued, whether street is needed or not, our plans will be held up indefinitely, We await a decision on this point and would appreciate a reply as soon as possible." City Engineer: Maps were presented and it was stated by the City Engineer that this dates back to December_1A_­, 1953 when the Variance was granted under Ordinance No. 269. The conditions of the Variance as set forth in the Ordinance • are as follows: 1) That the necessary widening of 'Kerced Avenue be deeded to the City of West Covina, 2) That a half ,future street be provided along the northwesterly side of the property and improved at the time Merced Avenue is improved. 3) That all street improvements in Section 49.of Ordinance No. 225, including utilities, be installed accordingly and meet the approval of the City'Engineer. This to include improvements along Merced Avenue, before any building permit is issued. 4) That a. suitable Plot Plan be presented to the Building Inspector showing parkAng ratio of one car for each 5 persons. • 5) That said Plot Plan conform to the Los Angeles County Flood Control District R.O.A. 6) That suitable landscaping meet the approval of the City Engineer. 7) Upon any violation of any of the provisions of this Ordinance use herein permitted shall cease and terminate and the property described become part of the zone on which the property is now situated. Since this variance was granted by Ordinance I believe the only way the conditions can be changed is by amendment to the Ordinance. Councilman Brown: Perhaps we could amend the ordinance to where we would accept a bond for this half street. I can't see the necessity for putting in a half street which goes no where at this time. City Engineer- I believe the conditions as read would permit such an action without amending the ordinance. -14- C. C. 2-10-58 Page fifteen CITY ENGINEER - continued City Attorney: I think you could accept a bond for the half street. Councilman Brown: I think this could be worked.out with the Engineering Department and these people. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that in the matter of Zone Variance No. 71, a bond be accepted for the future half street in lieu of improvements as stated by Ordinance. City Clerk stated that the following peition had already been directed • to the attention of the Public Works Department, PETITION OF PROTEST The City Clerk presented and read a NW corner of Francis- petition of protest regarding the condi- quito & California, Aveso tion of the northwest corner of Francis- quito and California Avenue as to stagnant water in the area, causing a health hazard, and the accumula- tion of dirt and trash. The petition further stated that the petitioners realized the City has not yet accepted the grounds from the Delhaven Company and therefore has not taken any remedial measures to this condition, but that as taxpayers it was felt the City should act in the taxpayers interest and have the condition corrected by the responsible party., • Mayor Pro Teri Mottinger called a recess. Council reconvened at 9.50 P.M. CITY ENGINEER TIME EXTENSION LOCATION: South of Francisquito Avenue, Tract No. 22466 (Rev.) between Indian Summer Avenue and Walnut James A, Delaney Avenue, Request for extension of time DENIED for filing of Final Map. Expired Septem- ber 24, 1957. Held over for opinion of the City Attorney. City Attorney: I do not think you can extend a filing of a map after the period is expired. You would have to refile the tentative map, and I do not believe there are any means that you can reverse what is terminated except to refile. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the request for Time Extension on filing of Final Map of'Tract No. 22466 (Revised) be denied, -15- 0 E • • 0 C.C. 2-10-58 CITY ENGINEER - continued Page sixteen FINAL MAP LOCATION: South side of Workman Avenue, west Tract No. 23634 of Lark Ellen Avenue. Winnefred A. Toland CONDITIONAL APPROVAL 1.85 Acres - 10 Lots - Area, District 1. City Engineer: This property has an old residence on it and one condition of the map was that all buildings be removed or demolished. I cannot sign this map until that building is taken off the property or some arrangement is made in regard to it, Planning Comm. Sec'y.: I have discussed this matter with the Engineer and would suggest this be presented to the Planning Commission since there are yard areas involved and they can re- view it and present recommendations to you. Councilman Pittenger: They want to leave the house there? Planning Comm. Sec'y.: That is correct. Mayor Pro Tem Mottinger: I do not believe there is sufficient information, to take action can this map torighte City Engineer: If they move the house off the property I see no reason this could not be approved but any other arrangements would have to come back with recommendations from the Planning Commission. Mayor Pro Tem Mottinger: Could we approve the map subject to all the original provisions and recommenda- tions of the Planning Commission? City Engineer: I believe that would be in order, plus the two conditions stipulated by me this even- 'ing. Mayor Pro Tem Mottinger: Perhaps we could approve it in the way suggested and then if they are ready to comply with those restrictions the map would be ready to go ahead with. Motion by Councilman Brown, seconded by Councilman Barnes and carried that Final Map of Tract No. 23634 be given approval subject to the original recommendations of the City Engineer and Planning Commission and subject to the following conditions of the City Engineer. -16- C.O. 2-10-58 Page seventeen CITY ENGINEER - continued 1) Receipt of utility letter from Southern California Edison Co. 2) City participation in the cost of lowering existing pavement on Workman Avenue not to emceed $1,900.00. (Street Widening and Lowering Fund.) RESOLUTION NO. 1282 A Resolution to accept Travelers Indemnity STREET IMPROVEMENTS Company Bond No. 631678 in the amount of Tract No. 23634 $2,500.00 for street improvements. ADOPTED Mayor Pro Tem Mottinger: Hearing no objections, we will waive • further reading of the body of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Brown that Resolution No. 1282, accepting Travelers Indemnity Company Bond No. 631678 in the amount of $2,500.00 for street improvements in Tract No. 23634 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Pro Tem Mottinger. Noes: None Absent: Mayor Kay RESOLUTION NO. 1283 "A RESOLUTION OF THE CITY COUNCIL OF THE Project No. C-68 CITY OF WEST COVINA ACCEPTING A GRANT Edward & Rose Ruelle DEED AND DIRECTING THE RECORDATION THEREOF." ACCEPTING GRANT DEED ADOPTED LOCATION: N.E. corner of Puente Avenue and.Orange Avenue. For. Street and Highway purpose widening strip of Puente Avenue. Mayor Pro Tem Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Barnes that Resolu- tion No. 1283 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Pro Tem Mottinger Noes: None Absent: Mayor Kay -17- • C.C. 2-10-58 Page eighteen PROJECT NO. C-61 LOCATION: Citrus Avenue at Workman and TRAFFIC SIGNALS Garvey Avenues. Westa.tes Electrical Construction Co. Upon recomendation of the City Engineer, ACCEPTED motion by Councilman Pittenger, seconded by Councilman Brown and carried that Traffic Signal improvements in Project No. C-61 be accepted and authorization be given for the release of Indemnity Insurance Company of North America Bond No. M-132140 for Performance, Labor and Material. ACCEPT STREET IMPROVEMENTS LOCATION: North side of Puente Avenue Tract No. 23348 east of Lark Ellen Avenue. • Cole -Voice Construction Co. ACCEPTED Upon recommendation of. the City Engineer, motion by Councilman Brown, seconded by Councilman Barnes and carried that street improvements in Tract No. 23348 be accepted, and authorization be given for the release of Glens Falls Insurance Company Bond No. 72-2525 in the amount of $14,000.00, subject to receipt of deposit in the amount of $60.00 for street trees not installed to date. ACCEPT STREET IMPROVEMENTS LOCATION, N.W. corner of Citrus • Precise Plan No. 17 - Section 4 Street and Workman Avenue. Eleanor B. Green ACCEPTED Upon recommendation of the City Engineer motion by Councilman Pittenger, seconded by Councilman Barnes and carried that street improvements on Precise Plain No. 17 - Section 4 - be accepted and authorization be given for the release of Michigan Surety Company Bond No. 190124 in the amount of $6,600.00. ACCEPT STREET IMPROVEMENTS LOCATION: East side of Orange Tract No. 23307 Avenue, north of Puente Avenue. Perry Layton ACCEPTED Upon recommendation of the City Engineer, motion by Councilman Brown, seconded by Councilman Pittenger and carried that street improvements in Tract No. 23307 be accepted, and authorization be given for the release of Founders Insurance Company Bond No. 14731 in the amount of $38,000.00, subject to receipt of deposit in the amount of $550.00 for street trees and signs not installed to date. RESOLUTION NO. 1284 "A RESOLUTION OF THE CITY COUNCIL OF THE District A111-56-4 CITY OF WEST COVINA, C.ALIFORNIA, APPROVING SANITARY' SEWERS MAP OF ASSESSMENT DISTRICT FOR THE IMPROVE - Approving Map of Assessment MENT OF WORKMAN AVENUE AND IRWINDALE AND District OTHERS IN SAID CITY." ADOPTED -18- C. C. 2-10-58 'RESOLUTION NO. . 1284 - continued Page nineteen Mayor Pro Tem Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Barnes, seconded by Councilman Brown that Resolution No. 1284 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Noes: None Absent: Mayor Kay RESOLUTION NO. 1285 • District A'11-56-4 SANITARY SEWERS Adopting improvement of plans, profiles and specs. ADOPTED F-1 L 0 1] Mayor Pro Tem Mottinger: Brown, Pittenger, Mayor Pro Tem Mottinger "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING PROFILE AND IMPROVEMENT PLANS AND SPECIFI- CATIONS FOR THE IMPROVEMENT OF WORKMAN AVENUE, IRWINDALE AVENUE AND OTHERS, IN SAID CITY." 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. 1285 be adopted. Motion passed on roll call as follows. - Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Pro Tem Mottinger Noes- None Absent, Mayor Kay RESOLUTION NO, 1286 "A RESOLUTION OF THE CITY COUNCIL OF District A111-56-4 THE CITY OF WEST COVINA, CALIFORNIA, SANITARY SEWERS DECLARING ITS INTENTION TO INSTALL AND Resolution of Intention CONSTRUCT SANITARY SEWERS IN WORKMAN ADOPTED AVENUE AND IRWINDALE AVENUE AND OTHERS WITHIN THE CITY OF WEST COVINA, AND DETERMINING THAT BONDS SHALL BE ISSUED ,TO REPRESENT THE COST THEREFORE, AND DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT." Mayor Pro Tem Mottinger. Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Brown that Resolution No. 1286 be adopted. Motion passed on roll call as follows: -19- C.C. 2-10-58 Page twenty • RESOLUTION NO, 1286 - continued Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Pro Tam Mottinger Noes: None Absent: Mayor Kay SANITARY SEWER. CONSTRUCTION LOCATION: Michelle Street, between Request for City participation Merced Avenue and Casa Grande Drive. APPROVED Upon recommendation of the City Engineer, motion by,Councilman Brown, seconded by Councilman Barnes, that City participation in Sanitary Sewer Construction in the amount of $1,112.78 from the Sanitary Sewer Construction Fund be approved, is Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Mayor Pro Tem Mottinger Noes: None Absent: Mayor Kay DISTRICT A'11-57-7 LOCATION: East side of Vincent Avenue, . Preliminary Report north of Workman Avenue and area between HELD OVER Badillo Street and Rowland Avenue and Astell Avenue and Vincent Avenue designated as "Vincent Avenue and Puente Avenue Sewer District." A preliminary map of this district was presented and it was stated that signatures on the signed petion have been validated against the last tax roll and represent 53.75% of the area oY t-ie—d1-stricto The preliminary estimate of the cost for this project is $219,600000 or $383.10 per lot and includes construction costs, engineering and incidental expenses. It is recommended that some 30 lots adjacent to this area. be included due to their close proximity and that the cost would be prohibitive if they were separated into another district The inclusion of these 30 lots brings the percentage of representation down from 57% to the 53%. There were no petitions circulated for the 30 additional lots. However, a favorable report from the health Officer would enable this area to be included in this district. The preliminary estimate of cost with these 30 lots included would be $219,600.00 but the cost per lot would remain the same. 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. C.C. 2-10-58 Page twenty-one • DISTRICT A'11-57-7 - continued Motion by Councilman Brown, seconded by Councilman Barnes and carried that the matter of District A111-57-7 Sanitary Sewers be held over until recommendations of the Director of Public Works can be obtained. DISTRICT A'11-57-8 LOCATION: Walnuthaven Drive and Ellen Drive, Preliminary Report between Workman and Rowland Avenues, Edith APPROVED Avenue and Casad Avenue, north of Rowland Avenue, and Hartley Street, Morada Avenue and Chapman Street between Rowland Avenue, and Puente Avenue designated as "Rowland Avenue and Ellen Drive Sewer District." . A preliminary map for this district was presented and it was stated that signatures on the signed petition have been validated against the last tax roll and represent 60e3810 of the area of the district. The preliminary estimate of the cost for this project is $82,600.00 or approximately $389.60 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. It is also recom- mended that the City Engineer be instructed to proceed with the prepara- tion of final plans and specifications for the project. Motion by Councilman Brown, seconded by Councilman Pittenger 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 investi- gate the sanitary conditions of the district and that the City Engineer proceed with preparation of final plans and specifications for the project. DISTRICT A'11-57-L LOCATION: Area between Walnut Creek Wash and Preliminary Report Service Avenue and Lark Ellen Avenue and HELD OVER Glendora Avenue and Larkwood Street, east of Lark Ellen Avenue, designated as "Valinda Avenue and Service Avenue Sewer District. The City Engineer recommended that this Preliminary Report be held over in order that it may be resubmitted and included with additional area. Motion by Councilman Brown, seconded by Councilman Barnes and carried that Preliminary Report of District A'11-57-L "Valinda Avenue and • Service Avenue Sewer District be held over at the recommendation of the City Engineer -21- C.C. 2-10-58 Page twenty-two PLANNING COMMISSION None REPORT ON TAXICABS City Clerk. On January 13, 1958 the City Council directed the West Covina Fleetwood Taxi Company to sub- mit a financial report covering their trans- actions to our Finance Director for study. We received the financial report in the matter of the West Covina Fleet- wood Taxi Company today, Monday, 2/10/58, 20 minutes after 4 P.M. and we have a tentative report from the Chief Finance Officer after turning it over to him for review. However, he did not have the proper time fora complete review of it. • A letter of transmittal with this report, from Samuel W. Turner, Public Accountant, states that the submitted financial statement of the Fleetwood Taxi Service is for the years ending 1956 and 1957, The report of Mr. Vaughn Walters, our Finance Officer, states that the financial report of the taxi company was transmitted to his office as of this date for review and examined by him. He reports the letter of transmittal by Mr. Turner, the Public Accountant, is unsigned and further states that these financial statements are statements given by the taxi company without verification of the Public Accountant. It is further stated by our Finance Officer that therefore there is no assurance that the statement accurately reflects the financial condition of the company nor any assurance that the information contained was accurately taken from the books of the taxi company's accounts. • "In view of this it is impossible to make any statement to the Council relative to the actual financial condition of the taxi company since there is not legal basis for same. Although there was not time to completely analyze the statement presented, I do not feel any such study should be made on it other than under a bona -fide financial report or audit report, signed by a public accountant or a certified public accountant." City Clerk: I would like to discuss this matter briefly in regard to the way the matter stands right now with respect to the West Covina Fleetwood Taxi Companyo Their report was submitted, as stated above, but it is also established that the West Covina Fleetwood Taxi Company has five new cars operating that up to January 24 were never reported. It is stated in the Ordinance that when a new taxi takes the place of an old one they come into the City Hall to have the change over registered and the records changed to reflect the number and license of the taxis in service for Police Department. Application for his drivers' permits have just been made, 6 months past due. We are waiting for pictures of the drivers and their fingerprints. -22- 0 • 0 C. C. 2-10-58 REPORT ON TAXICABS - continued Page twenty-three This also was not done until recently and also should have been done last July to We have issued this taxi company a license to operate although that was done in error by the license clerk. Not getting their business license until recently was also five months overdue. There is a penalty of 10%® plus and additional 5q® for each month over- due, which has not been paid by the taxi company. I would like permission to withdraw their business license until.the ordinance has been complied with, in that these people in a letter to the Council stated they developed this ordinance in conjunction with Councilmen of this City. Therefore, there is no reason for these continued violations by them of this Ordinance. I would also suggest the Ordinance be revised in relation to the requirement that Council make an investigation of companies books or to require a business firm to prove they are or are not making money before allowing another similar type of business to come into the City. The penalties, as set forth, seem to be of proper nature and were designed to discourage these violations. At the time of a request for business license by the West Covina Taxi Company, we did not have a reapplication for a license by the West Covina Fleetwood Taxi Company and so informed the West Covina Taxi Company it would be in order for them to make a formal application for a business license. At that time we had only the Baldwin Park Taxi Company who had made formal application for, and received, a business license, starting July of last year. Mr. T. Colewick: I would state for the record as to the cars being inspected and drivers licensed. I have bought licenses here for 11 years now and tried to have cars inspected and drivers' licensed, as done by the County, by receiving a phone call to have cars inspected and drivers' licensed. In the 11 years this is the first time anyone has asked us to comply with this ordinance in any way, shape or formo We have tried to do this before but haven't because all this equipment has been licensed with the County. City Clerk: If this man states in his letter that he developed this ordinance he knew what was in it and there is no reasonable excuse that drivers' or automobile licenses were not applied for here, These people have I copies of this ordinance and there is no reason for these continued violations. The County has nothing to do with the City License. Mr. G. Casen, Attorney, appearing for the Baldwin Park Taxi Company and Covina Fleetwood Taxi Company. -23- C.C. 2-10-58 REPORT ON TAXICABS - continued Page twenty-four This to a strange development, Here we are questioning whether the ordinance is compled with in issuing a license and the City Council made an investigation after it all happened, which winds up in an attack in regard to a business that has been here 11 years, and that is not what is before Councils I think that Council should examine this whole matter from the time of its inception. I think the remarks of the City Clerk tonight may be a back -handed attack because of Council not being correctly advised. If the Ordinance is to be repealed let us know it and not do it in a back- handed way. I made all the arguments when I was here the last time and I believe a grievous error was made and I believe it was made by Council, due to their being improperly advised by the officers who should give this advice> It has now become more than whether a license should be issued to a particular taxi company. It is a question of whether you are being properlyserved by the officers of your City. Mayor Pro Tem Mottinger: We asked our City Clerk to give us a. report and he has followed our instructions and has discovered things that we should • be advised of and is perfectly in order in regard to what he has advised us in this matter. Mr. Casen went on to apoligize that a more complete financial picture was not given at this time and that there had been some discrepancy in the financial report which he had wanted to iron out. Mr. Casen indicated that this service is efficiently operated, up-to-date in its equipment and that Mr. McQueen has been mindful there is no return on this business as yet-, but one which at present earns a, livlihood for his family and that he is looking forward to the future to provide for more fares and in' time be a profitable thing and a, justified in- vestment. It was the suggestion of the Mayor Pro Tem that perhaps any further arguments should be submitted in writing so that the Council could study the whole situation and that at present Council was probably not qualified to answer this problem. Mr. Casen was agreeable that further arguments would be made in writing. Councilman Brown I would get the City Attorney in on this because at the time of the license issuance I asked if the Ordinance had been complied with and it was stated that it had, and a license was issued on that stand. I think we should have a statement from the City Attorney on where we stand legally even if it should prove we should not have issued this license. City Attorneys I think this whole procedure is ridiculous. Is Council, to go into this kind of detail of in- vestigating books to determine whether the books -24- C.C. 2-10-58 REPORT ON TAXICABS - continued of any applicant are correct? What has nothing to do with whether a man should of the ordinance was that if you make a business is operating at a loss through you would want to issue no more permits. or the intent to go.into books, records business. I think the Ordinance should concern is whether public necessity and of another permit. . Page twenty-five taken place here tonight has have a. license. The intent finding that the taxicab no fault of inefficient operation, I do not think it is desirable and accounts of a compatible be amended so that the primary convenience permits the issuance I think it has served one useful purpose, and that is to indicate just, how silly this is. Mr. Casen: The ordinance was brought into being to correct an existing evil. It was Council that established a rule as to licensing, to give those who operated a taxi business in this town a definite legal basis for pro- tecting how they make their investment and how they could carry on with the growth pattern of the City. It may be ridiculous, but is it ridiculous that an essential public transportation use in West Covina does not merit close scrutiny or inquiry?. Mayor Pro Tem Mottinger: We asked the City Attorney a question, asked for his answer and I think that he will study this matter along with us and the report given use The discussion may indicate a need of some revision in the Ordinance to avoid abuses of some privileges that may have been Councils, but the intent was to give the best services in the community. This gets back to the point that you give us further report and when that report comes in, to give it to the City Attorney for his opinion. We will also study it and after it has been studied we will give our answer. Possibly any reply may be by next regular meeting of Council, although we cannot state a definite date as to. a reply on this. Mro McQueen: It has been stated that I had not complied with the Ordinance, but prior to the Ordinance,.several licenses were issued during the time I was operating and they lasted one or two months and one other lasted six months. It did not do me any good and didn't do the others any good but I still went on and had the community at heart to the best of my ability and, as it was needed, added more equipment. I instigated the Ordinance, and when that was done, I was told there would be.some protection because I cannot get a franchise in here. My equipment is kept in top condition and I have tried in all ways to comply with the Ordinance, When I came down to the City Clerk, in relation to the other licenses issued, I was told I was solidly established and had nothing to worry about and that those companies wouldn't last. Thi' last time -I was assured that I would be notified -25- C.C. .2-10-58 Page twenty-six • REPORT ON TAXICABS - continued regarding when the new license was to be issued. Mayor Kay re-entered the Council Chambers at 9.45*P.M. and the remainder of the meeting was turned over to the Mayor. PARKS & RECREATION COMMISSION INSTALLATION OF WATER Recommendation to Council from the Parks MAINS AT ORANGE-MERCED and Recreation Commission to install water PARK SITE mains at the Orange -Merced Park Site. APPROVED $1,500.00. Motion by Councilman Brown, seconded by Councilman Barnes that the recommendation of the Parks and Recreation Commission be accepted for • the.installation of water mains at the Orange -Merced Park Site, at a cost (not to exceed the amount of) $1,500.00 for materials to install a four inch tramsite water line and fittings necessary to the ultimate completion of the entire irrigation system. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None ESTABLISHING PARK AND Recreational Director: There is a critical RECREATION HEADQUARTERS situation regarding working space at the Cortez Recreation Bldg.. present time. Some discussion was held APPROVED with the parties involved in the building. It is my understanding that the United Fund and the Red Cross were given temporary permits for use during their fund drives which I believe are now com- pleted and that is why these particular permits were given. I have also discussed this matter with the Civil Defense and it was indicated that they would like to trade offices with the existing'Parks and Recreation Office which would make our office available for their supervisors to work out of. If necessary the Red Cross and United Fund could possibly double up in the present Red Cross office. -26- CoC. 2-10-58 Page twenty-seven • PARK & RECREATION COMMISSION - continued The City Clerk indicated that the Red Cross had finished their program for this season and would not be using the building on Wednesday nights, It seemed that the United Fund was under the impression they were to keep their office all year around, but they were reminded that we only had permitted this use for this campaign. Councilman Pittenger indicated that it was his feeling that the Red Cross and United Fund could or should share one office in the building. Motion by Councilman Brown, seconded By Councilman Barnes that the recommendation of the Parks and Recreation Commission establishing Park and Recreation headquarters at the Cortez Recreation Building be accepted, and to use their own discretion as to where the others will be placed. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Mayor Kay Noes: Councilman'Pittenger Absent: None STATE RECREATION CONFERENCE Motion by Councilman Mottinger, Attendance of Clyde Busching seconded by Councilman Brown and APPROVED carried that Park and Recreation Commissioner Clyde Busching be authorized to attend the State Recreation Conference at Fresno, to be held February 16th through 19th and that an expenditure of approximately $80.00 be authorized. CITY ATTORNEY • ORDINANCES INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE West Covina Southerly CITY OF WEST COVINA, CALIFORNIA9 APPROVING Annexation Noe 158 THE ANNEXATION TO, INCORPORATING IN AND MAKING A PART OF SAID CITY OF WEST COVINA9 CERTAIN UNINHABITED TERRITORY OUTSIDE THE SAID CITY AND CONTIGUOUS THERETO, KNOWN AS "WEST COVINA SOUTHERLY ANNEXATION DISTRICT NO. 158 b " Motion by Councilman Mottinger, seconded by Councilman Brown that further reading of the body of the Ordinance be waived. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None • Absent: None -27- • 0 • 0 C.C. 2-10-58 CITY ATTORNEY - continued Page twenty-eight Motion by Councilman Pittenger, seconded by Councilman Barnes that the Ordinance regarding West Covina, Southerly'Annexation No. 158 be introduced. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None SECOND READING WEST COVINA SOUTHERLY ANNEXATION DISTRICT ORDINANCE NO, NO. 159 HELD OVER LOCATION: North side of Franci.squitco, west of Lark Ellen Avenue. Held over from Adjourned Regular Meeting of January 28, 1958. It was consensus this matter be held over as requested by the City Attorney. RESOLUTION. NO. 1287 Establishing' voting precincts, polling places and appoint election officers and fixing their compensation ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES AND APPOINTING ELECTION OFFICERS AND FIXING THEIR COMPENSATION FOR THE GENERAL MUNICI- PAL ELECTION TO BE HELD IN THE CITY OF WEST COVINA APRIL 8, 1958" Motion by Councilman Brown, seconded by Councilman Barnes that Resolution No. 1287 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None RESOLUTION NO, "A RESOLUTION OF THE CITY COUNCIL Submission of propose ion OF THE CITY OF WEST COVINA PROVIDING to voters at General Municipal FOR THE SUBMISSION OF A CERTAIN Election on appointive offices PROPOSITION TO THE VOTERS OF THE CITY for City Clerk and City Treasurer AT THE GENERAL MUNICIPAL ELECTION FAILED FOR LACK OF A MOTION TO BE HELD ON APRIL 8, 1958," The Resolution failed for lack of a. motion and a second to introduce the Resolution. Ima C.C. 2-10-58 • CITY ATTORNEY- continued Page twenty-nine Amending Ordinance No. 360 "AN ORDINANCE OF THE CITY COUNCIL OF THE relating to maintenance of CITY OF WEST COVINA AMENDING ORDINANCE NO. swimming pools 360 RELATING TO THE MAINTENANCE OF SWIM - INTRODUCTION MING POOLS," Mayor Kayo Hearing no objections, we will waive further reading of the body of the Ordin- ance. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that the Ordinance be introduced. RESOLUTION NO. 1288 "A RESOLUTION OF THE CITY COUNCIL OF THE •Vacating certain portions CITY OF WEST COVINA DECLARING ITS INTEN- of Sunset Hill Drive and TION TO VACATE CERTAIN PORTIONS OF SUNSET Lemon Grove Avenue HILL DRIVE AND LEMON GROVE AVENUE." ADOPTED • C� • Motion by Councilman Pittenger, seconded by Councilman Brown that Resolution No. 1288 be adopted. Motion passed on roll call as follows: Ayes,. Councilmen Noes: None Absent° None AMENDMENT OF LEASE AND OPTION TO PURCHASE John Bodger & Sons Co.' and City of West Covina APPROVED AMENDMENT OF AMBULANCE SERVICE AGREEMENT APPROVED Barnes, Brown, Mottinger, Pittenger, Mayor Kay EVANGELICAL LUTHERAN CHURCH Law case to be handled by Burke, Williams & Sorenson Motion by Councilman Pittenger, seconded by Councilman Mottinger and carried that the City Clerk and Mayor be authorized to execute the agreement according to the amendments described therein. LOCATION,. N/E corner Walnut and Merced. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the Mayor and City Clerk be authorized to sign the Ambulance Service Agreement according to the amendments described therein. Motion by Councilman Brown, seconded by Councilman Mottinger and carried that the law firm of Burke, Williams and Sorenson be retained to handle the case that involves the Evangelical Lutheran Church. -29- • • • C.C. 2-10-58 CITY TREASURER COUNCIL COMMITTEE, REPORTS CITY MANAGER, REPORTS NO REPORTS Page thirty SPRINKLER SYSTEM AT There is $7,800.00 in the current budget COMIDA PARK but Council wanted to review each capital item before proceeding. A study was made on this particular installation and it was recommended that $7,800.00 be appropriated by Council at this time and that this amount will probably increase to $1,000.00 additional for lines to serve the proposed rest room and drinking fountains. There is also a matter of changing sprinkler heads from 'Rainbirds' to pop-up heads. You could have Plans and Specification and detailed estimate before the actual bidding took place, but it may be that bids will be less than estimated. In the event you acquire additional property the system can be expanded. Councilman Brown, You will have additional equipment being. put in that might no actually be used. Mayor Kayo Wouldn't it be cheaper to wait to see if additional property is purchased rather than put the whole thing in at once? City Manager, I do not believe so because by that time You are getting into drier weather and you will not be able to get any turf in at all. Councilman Mottinger, I believe we should go ahead with the idea and keep in consideration there is a possible expansion. Motion by Councilman Mottinger, seconded by Councilman Barnes that the Engineering Department be instructed to prepare the necessary plans and specifications for sprinkler system at Comida Park and authorization be given to advertise for bids. Motion passed on roll call as follows, Ayes, Councilmen Barnes, Mottinger, Pittenger, Mayor Kay Noes: Councilman Brown Absent, None Councilman Brown voted 'No' in that he felt that the bidder is only being arbitrarily used to establish a price. -30- C.C. 2-10-58 Page thirty-one • REPORTS, CITY MANAGER - continued Mayor Kay: I think the cost extimate should come back to Council to see if it is within the $7,800.00 after plans and specifications. Recreational Director: Such a system could now be laid out for $9,171.29 and under competitive bidding it should be less than that. These sprinkler companies have a lay -out engineer who will lay out a system for you. We have three plans laid out for this area and the cost we have mentioned is the best of the three plans existing. They run to Engineering Department specifications and will meet anything they will require. Mayor Kay: The thing I am getting at is whether we know, • based upon engineering studies made, this will come in at $9,171.29 or less. Recreational Dir.: Yes, without going to bid we could get this put in for $9,171.29. Councilman Mottinger: The Engineering Department has to review those plans submitted by the sprinkler . companies and if it meets with their re- quirements then this will be ready to go to bid. The City Manager indicated that there were no County fire districts remaining within the City after annexations. The City Manager stated that the West Covina. Disposal Company had notified the City that Arnold Thorsen no longer had any interests in the company, indicating a change of officers, but not a, change in corporation structure. The City Manager stated that a communication had been received inviting the inspection of the new Los Angeles County Sewer Maintenance Yard on Friday, February 14, at 2849 So. Myrtle Avenue. The City Manager presented the monthly financial report for the month ending January 31. The City Clerk presented communications from the County Boundary • Commission in relation to the filing for annexation by Pomona of territory known as Walnut Addition and filing for annexation by the City of Industry of territory known as Annexation No. 18. -31- C.C. 2-10-58 • MUNICIPAL COURT CITRUS JUDICIAL DISTRICT Page thirty-two Report of Distribution feitures for the City the month of January, of Fines and For - of West Covina for 1958. The City Clerk presented and read a communication from Assemblyman Frank Bonelli in relation to Assembly Constitutional Amendment No. 1 relative to ceiling and limitation on property tax assessments and rate. The City Clerk stated that a report had been submitted by Mr. Gersch.ler reflecting the action of the Planning Commission'at their meeting of •February 5, 1958 in relation to Precise Plans, Zone Variances, etc., and that from this,Council can decide whether they want to hear any of these. AUDIENCE PARTICIPATION, OTHER MATTERS Mrs. M. Van Dame asked if it were not customary to read the names of the people on the various voting precincts. The Mayor replied that since there are some 200 names that would necessitate reading, it was • made a matter of public record by Resolution. Mrs. M. Van Dame questioned as to the approval of Council in regard to the painting of numbers on curbs. Mayor Kay explained that these people would request permission to paint address numbers on curbs and then if it were so desired, the owner of the property could pay a. donation for this service. Mrs. M. Van Dame asked what Council was trying to do in relation to this closed T.V. circuit matter, trying to tell people in the City what they could look at on their television sets? It was indicated by Mayor Kay that there had been two firms who had requested permission to put closed circuit T.V. in the City and that the League of California Cities had drawn up a, model ordinance on this matter which had been presented to Council, and was a matter to be studied. This would not encroach upon the normal television channels but would take a special channel and be an additional service of enter- tainment on television. DEMANDS APPROVED Motion by Councilman Barnes, seconded by Council- man Pittenger that Demands in the amount of $113,344.68, as shown on Demand Sheets B-37, C-69 and C-70, be approved, this to include bank transfers in the amount of $10,000000 and fund transfers in the amount of $50,784.04. Motion passed on roll call as • follows: C.C. 2-10-58 Page thirty-three 0 DEMANDS APPROVED - continued F_ I L • 9 Eli Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None There being no further business, the meeting was adjourned at 10-40 P.M. -33-