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02-24-1958 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL • CITY OF WEST COVINA, CALIFORNIA February 24, 1958 The meeting was called to order by Mayor Kay at 7:35 P.M. in the West Covina City Hall, The invocation was given by the Rev.. Lauren Egdahl of the Calvary Lutheran Church. ROLL CALL Present: Mayor Kay, Councilmen Barnes,. -Brown, Mottinger, Pittenger Others Present: City Manager, City Clerk, City Treasurer, City • Attorney, City Engineer, Planning Commission Seely, Public Works Director. Absent: None APPROVAL OF MINUTES - February 10, 1958. Publ. Wks. Dir. I would like to have some clarification in the matter of the motion of Council as shown on Page 30 of the Minutes of the meeting of February 10th. I, believe the Plans and Specifications were prepared by the Recre- ational and Planning Departments on this matter and they embrace the use of plastic pipes I did not know whether these Plans and Specifications were to be submitted for checking'by the Public Works Director and the City Engineer, or whether we should just review the bids. Mayor Kay: Do you object to plastic pipe? Mr, Johnson: There is no uniform agreement in the depart- ments with respect to that type of pipe. We do not object to perhaps trying it out, it is used in many other parks, but I did not know, upon conversation with the administrative staff, whether bids would be for.plastic pipe or whether plans & specifications could be prepared for bids on alternates, Councilman Mottinger: I do not believe the motion was passed particularly on plastic pipe. Through the recommendation of the Park and Recreational Director plans .would be drawn by the City and approved • by Engineering Department. They had obtained some plans and pro- posals that they knew this job could .be done within a. certain given amount, but felt the job could perhaps be done cheaper upon bid, -1- • C.C. 2-24-58 Page -two My personal opinion would be to rely on the Engineering Department in regard to materials used and an alternate might be in order. I do not know what the difference in price is. Schools that have been using the plastic material.ha:ve evidently found it reasonably successful. Councilman Brown: I thought this was the reason we asked this to be sent to the Engineering Department for a check, Mr. Johnson: Would it be that you would want this matter reviewed by the Engineering Department on that basis, that plastic pipe be used? • Mayor Kaye The Engineering Department should check Plans and Specifications to be sure that we -know what we are getting on them. That is an engineering problem and they should review it and if they are not satisfactory state so in the specifications. Councilman Pittenger: I think the Engineering Department should make a statement on it. ,c ' Councilman Brown: I think we -should have recom- mendations on plans before us before we ask for any bids. City Engineer: The Plans and Specifications will be laid before the Council and that is the understanding before the Public Works Director on all improvements. Mayor Kay: Have the Engineering Department review the plans, make any adjustments neces- sary and if Council feels they want them back to look at it, this could be done at our adjourned meeting which we will have next Monday might or the meeting two weeks from tonight. Councilman Mottinger: If the Engineering Department has suf- ficient information they could prepare a proposal for bid. I think, however, they should proceed with haste so the sod could be put in as quickly as possible. Mayor Kay: Since there seems to be some di.screp- ency in this matter, I do not think it will hurt to wait one or"two more weeks. • Mro,Johnson: I would assume our Public Works Depart- ment is also entered into the recommenda- tion? - 2,- . C. C. 2-24-58 Page three • Mayor Kaye That is correct. Correction on Page 5, Para 1 which should read 'a. 12" high berm' instead of 'a 12" high beam' as shown. The Minutes of the Meeting of February 10, 1958 were approved as corrected. PUBLIC WORKS DIRECTOR'S REPORT REMOVAL OF TREES The removal of these trees has ON NORTH LARK ELLEN AVE. taken place. ' The extimated cost • fJ! of removal was $1.200.00 but actual removal cost was $809.65.-*&&t--e4 3/ay11� �✓ t.d-fe3aee—®� c + F" arcs we were able to purchase a chain saw for the Street Dept. 0 11 SEWER ASSESSMENT DISTRICT This report is listed as Item No. 6 STATUS REPORT on the Agenda and I would present to Council copies of this bi-monthly report on the progress of 1911 As- sessment'Acts. POLICE FACILITIES In the matter of Police facilities, there is nothing in the Minutes that instruct me to proceed with proposals that you might have in mind, and I am wondering if you could clarify this matter this evening. (See page 33) CITY ENGINEER EXTEND AGREEMENT Tract No. 23537 Lou do Co. & Lou do Co. No. 2 LOCATION: South side of Badillo Street, east of Azusa Avenue. (Louis D. Cummings, Pres.) City Engineer: This tract is being To March 18, 1959 developed in conjunction with a APPROVED school on Badillo Street, and inas- much as the school will construct more than one half of the street that effects the frontage of houses on this particular street. I would recommend extending of the agreement time to one year. Upon recommendation of the City Engineer, motion by Councilman Brown, seconded by Councilman Barnes and carried that the Agree- -3- • • C. C. 2-24-58 CITY ENGINEER - continued Page four ment time to install improvements in Tract No. 23537 be extended for one-year to March 18, 1959. ACCEPT STREET IMPROVEMENTS Tract No. 19768 (Numerous Corporations) LOCATION: East side of Orange Avenue, North of Delvale Street. Don Wilson, President Upon the recommendation of the ACCEPTED City.Engineer, motion by Council- man Barnes, seconded by Council- man Mottinger and carried that street improvements in Tract No. 19768 be accepted and authori- zation be given for the release of Seaboard Surety•Company Bond No. 521393 LA in the amount of $36,000.00 ACCEPT STREET IMPROVEMENTS PRECISE PLAN NO. 56 Sec. 1 - Richfield Oil.Corp. LOCATION: Northwest corner of Azusa. and Puente Avenues. ACCEPTED Upon the recommendation of the City Engineer, motion by Council- man Mottinger, seconded by Councilman Brown and carried that the street improvements on Precise Plan No. 56 be accepted and authorization be given for the release of Pacific Indemnity Company Bond No. 224318 in the amount of $5,500.00. ACCEPT STREET IMPROVEMENTS LOCATION: South side of Cameron Tract No. 21479 Avenue,'east of Barranca. Street. . Myers -Smith, Inc. ACCEPTED The City Engineer recommended acceptance of street improvements and authorization for release of American Indemnity Co, Bond No. 616651 subject to receipt of the following items:' a.) Bond and Agreement for street improvements on Cameros Avenue in the amount of $6,000.00. b) Deposit for street trees not installed - $200.00 c) Deposit for street signs not installed - $120.00 City Engineer-- There is a problem of constructing improve- ments on Cameron Avenue which are involved with the alignment the County of Los Angeles has adopted. Since none of their construe• tion work has been done it is impossible for the subdivider to proceed with his responsibility of improvements. We would recom- mend this be accepted -as indicated. -4- C.C. 2-24-58 • CITY ENGINEER - 'continued Page five Upon recommendation of the City Engineer, motion by Councilman Mottinger, seconded by Councilman Barnes and carried that street improvements in Tract No. 21479 be accepted and authorization be given for the release of American Indemnity Company Bond No. 616651 in the amount of $52,000.00, and subject to the conditions of the City Engineer. Mr. D.A. Simonson, representing the applicant, stated as follows: We have improved this project to the completion of plans and speci- fications on file and this matter of the bond is for work off the tract which we feel should not properly be included in here. There is no objections to the other items of condition but would like to have acceptance of this without work on -Cameron which is not a portion of the subdivision. Mayor Kay: I believe it was the condition of your Tentative Map for this improvement to be included, City Engineer: It was a condition of the Tentative Map that this portion be improved.. The original bond covered it. Mr. Ted Walsh: Do you know how long this bond may go on here. It may be years before this is improved. We had one alignment on this and then it took us some time to realign it with the County. Normally when we put in future improvements we at least put them on plans to show future improvement. Actually this is a secondary highway, when it will be built no one knows and how long will this bond have to go on? Talking about improvements on a. street, it seems this should come out of gas tax funds. One condition was a back-up to Cameron, which was agreeable. How- ever, there was only a small piece dedicated for future widening, the rest has been pushed north. When we estimated the amount of improvements in bond of this tract we turned in $49,000.00. The City Engineer raised it to $52,000.00. Whether that was to take care of improvements on Cameron I do not know but now it is for $6,000,00. How long will that go on? City Engineer- This is a difficult question to answer in the term of years. The bond could be made to run for four or five years and if it needs to be renewed perhaps it could be so done. -5- • 0, 0 is C.C. 2-24-58 Page six Councilman Pittenger: On this alignment spoken of, apparently it does not line up with what County. has in mind? City Engineer: It will be changed from the present alignment. Councilman Pittenger: Why not put up bonds when alignment is established? Do you know when it will be done? City Engineer- We have had no notice. Mayor Kay- There is no problem in holding a bond indefinitely? City Engineer: I believe in doing this, the City would be protected if covered by a sufficient bond and agreement. Mayor Kay: Is this an unusual requirement, holding a bond like this? Has it been done before? City Engineer: There is a similar situation in regard to tract No. 12002 in the City. RESOLUTION NO. 1289 "A RESOLUTION OF THE CITY COUNCIL OF THE INTENTION TO VACATE CITY OF WEST COVINA DECLARING ITS IN - Portion of Michelle TENTION TO VACATE A CERTAIN PORTION OF Street in Tract No. MICHELLE STREET." 18205 (Setting date of hearing March 24, Mayor Kay: Hearing no objections, we 1958) will waive further reading of the body ADOPTED of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Brown that Resolution No. 1289 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None RESOLUTION 90. 1290 Authorizing, ratifying and confirming a certain Quitclaim Deed ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA.AUTHORIZING, RATIFYING AND CONFIRMING A CERTAIN QUITCLAIM DEED:" (One foot lot. East end of Michelle Street in Tract No. 18205) W-2 C.C. 2-24-58 • RESOLUTION NO. 1290 - continued Page seven 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. 1290 be adopted.. Motion passed on roll call as follows- Ayes.- Councilmen Barnes, Brown, Mottinger, Pittenger,Mayor Kay Noes: None Absent: None REIMBURSEMENT AGREEMENT NO. 20 LOCATION.- Hollenbeck Street, between Zone Variance No. 59 Garvey Avenue and Walnut Creek ,.(Stark Inv. Corp.) Parkway. APPROVED The City Engineer recommended approval of reimbursement agreement with Stark Inv. Corp. for construction of sanitary sewers in Hollenbeck Street. The City Clerk presented maps in relation to this reimbursement agreement to Council. Motion by Councilman Brown, seconded by Councilman Barnes that sub- mitted -report, Agreement and Map be approved and authorization be given to the Mayor and'City Clerk to sign Reimbursement Agreement No. 200 Motion pkssed on roll call as follows - Ayes. Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None REIMBURSEMENT AGREEMENT NO. 22 LOCATION- Orange Avenue, between Orange Avenue Trunk Garvey and Merced Avenues. SS APPROVED Project No. 3. The City Engineer recommended approval of reimbursement agree- ment with West Covina Properties, Inc. for construction of sanitary sewer in Orange Avenue. The City Clerk presented maps in relation to this reimbursement agr'eement,,to Council. Motion by Councilman Brown, seconded by Councilman Barnes that sub- mitted report, Agreement and Map be approved and authorization be • given to the Mayor and City Clerk to sign Reimbursement Agreement No. 22. Motion passed on roll call as follows.- -7- 0 0 0 Co Co 2-24-58 REIMBURSEMENT AGREEMENT NO. 22 -.contin!ued Page eight Ayes, Councilmen -Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes-.. None Absent: None RESOLUTION NO,, 1291 Accepted Dedication of Easement (District A'11-56-4) ADOPTED LOCATION- Right -of -Way north of Garvey Avenue and Right -of -Way east of Irwin- dale Avenue. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPT- ING EASEMENT TO THE CITY OF WEST COVINA." (John A. Lesser and Herman Kranz) Mayor Kay: Rearing no objections, we.will waive further reading of the body of the Resolution, Motion by Councilman Barnes, seconded by Councilman Mottinger that Resolution No. 1291 be.adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None SCHEDULED MATTERS AWARD OF BIDS PROJECT C-66 Street improvements on a section of STREET IMPROVEMENTS Orange Avenue, between the easterly and the BID AWARDED westerly limits'of Tract No. 19497. Cox Bros. Constr. Co. Improvements to consist of excavation, grading and, the construction of 211 asphaltic pavement on aggregate base and all incidental work thereto. The bids were opened as advertised at,10,-05 A.M. February 24, 1958 in the office of the City Clerk and referred to the City Engineer for recommendation to the City Council at this meeting. The City Engineer reported that the result of bids were as follows: E. C. Construction Co. Crowell & Larson A-1 Contractors, Inc. Cox Bros. Construction Co'. 10% bid bond $3,306.50 10% bid bond $2,743.25 10% bid --Pond $2,922.35 10% bid bond $2,386.35 C.C. 2-24-58 • AWARD OF BIDS - continued Warren Southwest Co. William Kirkland Harvey Construction Co. 10% bid bond 10% bid bond $425.00 Cashiers Chk W.E. McKnight Construction Co. 10% bid bond Page nine $2,826.74 $3,216.50 $4,154.25 $3,699.95 City Engineer: After the meeting and the opening of bids, we received an additional bid from Boddum Construction Company. Since the meeting had been concluded we had no right to open this late bid we had received and believe it should be sent back ®. to the company unopened. It was consensus this be done. City Engineer: We have checkad all the items, extended them and found them to be correct. They are before the Council and we would recommend that the award be made to Cox Brothers Construction Company on the basis of their being the lowest responsible bidder, in the amount of $2,386.35. Upon the recommendation of the City Engineer, motion by Councilman Pittenger, seconded by Councilman Brown that the award of the bid on Project C-66, Street Improvements on a section of Orange Avenue between the easterly and the westerly limits of Tract No, 19497 go to Cox Bros. Construction Company as the lowest responsible bidder in the amount of $2,386.35 (with all other bid bonds returned to the unsuccessful bidders). Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None PROJECT C-68 Street improvements on a section of STREET IMPROVEMENTS Puente Avenue, between a point 50 feet BID AWARDED easterly of Orange Avenue and the Warren Southwest Co. westerly limits of Tract No. 19337. Improvements to consist of the con- struction of concrete curb and gutter, excavation, grading and the construction of 2" asphaltic pavement on aggregate base and all incidental work thereto. The bids wee opened as advertised at 10:05 A.M. February 24, 1958 in the office of the City Clerk and referred to the City Engineer • for recommendation to the City Council at this meeting. The City Engineer reported that the result of the bids were as follows: IM 0 0 0 p C.C. 2-24-58 PROJECT C-68 - continued E. C. Construction Co. A-1 Contractors, Inc. Cox Bros. Construction Co. Warren Southwest Co. William Kirkland Harvey Construction Co. W. E. McKnight Constr. Co. Page ten 10% bid bond $3,297.40 10%® bid bond .$3,312.15 10%® bid bond $3,160.25 10% bid bond $2,836.21 10%® bid bond . $3,431,60 $350.00 Cashiers Chk , $3,386.50 10%® bid bond $3,720.00 City Engineer:*.: We have checked all the items, extended them and found them to be corredt. They are before the Council and we would recommend that the award be made to Warren Southwest Co. on the basis of their being the lowest responsible bidder, in the amount of $2,836.21. Upon the recommendation of the City Engineer, motion by Councilman Brown,, seconded by Councilman Mottinger that'the award of the bid on Project No. C-68 (Gas Tax Project) on a section of Puente Avenue between a point 50 feet easterly of Orange Avenue and the westerly limits of Tract No. 19337, go to Warren Southwest, Inc. as the lowest responsible bidder in the amount of $2,836621 (with all other bid bonds returned to the unsuccessful bidders). Motion passed on roll call as follows. Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None UV AV T Wt'-Q PRECISE PLAN & RECLASSIFICATION NO. 1.20 (1405) Robbins, Albert A., et al (Lewis & Wheeler) APPROVED LOCATION: 333 South,Glendora Avenue between Walnut.Creek Wash and State Street. I Recommended for approval from Zone R-A Potential C-3 to Zone C-3. Planning Commission Resolution No. 559. Maps were presented by the City Engineer,and the Planning Commis- sion Secretary read Resolution No. 559 of the Planning Commission recommending approval. The recommendations, were as follows: -10- M, 0 • 0 0 0 C.C. 2-24-58 HEARINGS - continued Page eleven 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.O.W. of the Los Angeles County Flood Control District. 3) That adequate water supply and fire protection be provided as required by Ordinance No. 237 and.Ordinance No. 451. 4) That all necessary street widening of Vincent Avenue, Glendora Avenue and "Access Street", shall be deeded to the City of West Covina. 5) That all excavating and grading work conform to provisions of Ord. No. 384. 6) That the site.be graded to drain to public streets or that suitable storm drain facilities be provided, satisfactory to the City Engineer, 7) That all existing buildings be removed or demolished. 8) That off-street parking conform to the provisions of the zoning ordinances Planning Commo Sec'yo The Planning Commission has initiated studies to consider the relocation of Walnut Creek Parkway from the position shown on the Precise Plan northerly of the proposed building to a position parallel to Walnut Creek Wash on the southerly side of the building. The studies will be completed shortly and recommenda- tions will be presented to Councils However, the buildings here are so located as to not interfere with the future plan, Mayor Kay opened the public hearing, and stated that all those desiring to testify would rise and be sworn in by the City Clerk, Mr, Don Wheeler of 705 Cucamonga Street, Claremont spoke in favor, "It is our intention to build a, bowling center on this particular piece of property. As you will notice by the Plot we are providing adequate parking. We feel this use will be an asset to the business area of West Covina and of good use to both the adult and juvenile population of the Community. If there are any questions that Council may have we will be glad to answer them -11- C.C. 2-24-58 Page twelve HEARINGS - continued There being no further testimony, the hearing was declared closed. Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that Precise Plan and Reclassification No. 120 (1405) be approved, subject to the recommendations of the Planning Com- mission and City Engineer, ZONE CHANGE NO. 111 LOCATION° On the north side of San Berndt - Moritz Pick dino Road, approximately midway between APPROVED Irwindale Avenue and Azusa. Canyon Road. Recommended for approval from Zone C-1 to Zone "M-1" - except the easterly 250 feet by Planning Commission Resolution No. 565. Planning Comm. Sec'yo Under the new ordinance -regarding approval of Precise Plan of Designs, the method of adoption set up is similar to an application of Variance in that the Precise Plan receives final approval by the Planning Commission unless it is appealed. This is the first case to come through under this new ruling and e it is now a question as to whether Council desires to review the Precise Plan as they consider the zoning map. No appeal has been on the Precise Plan in this case. It was consensus that since there was an appeal on the zone change and some zoning problems in relation to this matter the Precise Plan should be presented to Council. Maps were presented and Resolutions 565 and 566, relating to the Precise Plan and listing conditions as set forth, were read as follows: City Engineer's Recommendations 1) That all street improvements outlined in Section 49, Ord, 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 all necessary street widening of San Bernardino Road and the R.O.W. of proposed street shall be deeded to the City of West Covina. 3) That proposed streets be 60 feet in width. 4) That all exterior lighting be installed and maintained in a. manner eliminating any nuisance to adjacent residential property. -12- C.0 2-24-58 Page thirteen CITY ENGINEER'S RECOMMENDATIONS - continued 5) That adequate water supply and fire protection be provided as required by Ord. No. 237 and Ord, No. 451. 6) That all excavating and grading work conform to the provisions of Ord. Noo 3840 7). That all bonds, fees and deposits for improvements be posted before building permits are issued. 8) That a 6-foot-masonry wall be constructed along the easterly property line. 9) That the site be graded to drain to public streets or that suitable storm drain facilities be provided, satisfactory to the City Engineer. 10) That one foot lots at north end, west end of proposed street be deeded to City of West Covina in fee simple. 11) Any division of the property for sale shall require the ap- proval of a. Subdivision map as stipulated by the Subdivision Ordinance e12) That the driveway openings be subject to the approval of the City Engineer, Planning Dep'to Recommendations 1) That on the easterly 250 feet the following conditions shall • apply: a) Solid screen type landscaping as shown. b) All uses to be conducted wholly within enclosed buildings. No outside storage except employee and customer parking, c) No use except vehicular traffic which would increase the ambient noise level at the easterly property line by more than 107o shall be permitted unless expressly authorized by the approval of a Conditional Use Permit. Any use causing dust, smoke, odor of vibrations shall be prohibited. d) That a minimum set -back of 90 feet from the easterly property line be provided. 2) That approval of this plan shall supersede and nullify the validity of Precise Plan No. 94, previously approved for this property. It was further stipulated in a motion by the Planning Commission -13- C�C� 2-24-58 Page fourteen PLANNING DEP'T, RECOMMENDATIONS - continued at their meeting of February 5, 1958 that the easterly 250 feet shall remain under submission with .the Planning Commission for future action and recommendation and that all buildings be of masonry or stucco constructiono Mayor Kay opened the public hearing and stated that all those desiring to present testimony on this matter would rise and be sworn in by the City Clerk. Mr. Moritz Pick, applicant, of 1928 E. Merced Avenue spoke in favor. The piece of land involved here is ideal for M-1 the way that it is located, adjoining to the west with M-1 and to the north with • M-lo It has a railroad track nearby which means a great deal to industrial development and I feel it would mean much to the City of West Covinain the matter of revenue and employment. Mr. W. J. Reeves, Assistant Industrial Agent with the Pacific Electric, spoke in favor. We would go on record as favoring this proposal much along the lines as stated by Mr. Pick. We feel the property is ideally situated for industrial development and such property use is quite scarce in the City of West Covina and would benefit the City greatly from the industrial standpoint as to revenues. It should be an asset to the community so long as the conditions imposed are com- plied with, and I am sure they will be, There is a site available for similar type of development in the • City of Covina along Vincent Avenue which has two industrial buildings at the present time and one is under construction by a drug company involving an investment of from 300,000 to 400,000 dollars, Mayor Kay: Is your track along the back of Pick's property in the City of West Covina.? Mr, Reeves: There is a division along there. I believe part of the R.O.W. is and is not. The opera- ting R.O.W. is excluded, and by that I mean the 50-feet lying along the track. Mayor Kay: I believe you had asked for exclusion, during annexation, from the City of West Covina on that part? Mr, Reeves: Of the operating R.O.W., yes. Mayor Kay: If this matter was granted it might be well for them to consider annexation into the City. -14- C.C. 2-24-58 Page fifteen Mr, L. Gross of 1723 San Bernardino Road spoke in favor and stated that he was in accord with the statements made in favor of this classification. Mr, Ho Blacka.rd of 1611 San Bernardino Road stated he was owner of property adjoining this and would also go along with the statements made in favor of this change of classification. Mrs. Duplissis of 4114 Foxdale Avenue spoke in opposition and stated that it was her opinion that such industrial use going in here would greatly depreciate the value of surrounding homes and that taken home by home it might be a. greater loss than what would be gained by putting industrial use in here. It was her opinion that there may not be much greater revenue derived by the City from Industrial use here than if commercial would go in. ® Mayor Kay.- I believe it was stated in the Planning Commission regarding the desirability of the property for com- mercial uses and it was found that due to certain changes in the area it would not now be suitable for C-1 development. Mrs. Duplissis.- I know that revenue has something to do with this matter for Mr. ]Dick and for the City of West ® Covina yet I do not believe anyone would like to have industry half a block from their residence. When a person buys a home they do not want to be in the midst of heavy industrial area, Mayor Kayo How far on Foxdale do you live? • Mrs. Duplissis.- Right in the middle of the block, Mayor Kay.- It has already been pointed out that property im- mediately to the west of Pick's has been zoned M-1 for a. good number of years, Mrs. Duplissis° That is quite a. distance from my residence, Mr, Go Thompson of 15906 Bellentine spoke in opposition. My residence is in a tract of homes that is just adjacent and to the east of this property. I submitted into the record of the Com- mission two maps showing the zoning in this area and would request they be brought before Council for their perusal. This request was carried out, and the maps referred to were pre- sented to Council. I want to point out on these maps that this piece of property forms the southernmost tip of a very large island of 'M' zoned property that goes northward quite a few miles. This is the terminal corner of the southeast termination of that whole manufacturing area and -15- LJ • C.C. 2-24-58 Page sixteen as such I would submit to you that it seems somewhat logical that this property might well serve some transitional use between heavy manufacturing and residential area that is well established here. The residences to the west and to the south comprise a portion of a very large residential area in the community. I would also point out that the property just west of Pick's,and I believe adjacent, has been zoned 'M' for a. considerable number of years and this is yet undeveloped and I am wondering if this request for zoning is in the best interests of West Covina, or Mr. Pick, inasmuch as we do have so much undeveloped 'M' zoning in the area. I think this bears looking into as to whether it is wise to zone this 'M' zone when we already have so much un- developed type of 'M' zoning adjacent to this property. There is a situation developing to the south of this community in the incorporated City of Industry where there are tax advantages and other incentives for 'M' zone districts to exist there and I feel that it exists competitively with this area under consideration tonight. There is one point I wanted to bring forth and that is the Certifi- cate of Necessity that has been filed by the Covina. School district for approximately nine acres of land that is situated on the south- east corner of the intersection of Orange Avenue and San Bernardino Road, This tract, the part that is the easterly portion of the tract, is opposite the westerly part of this tract under considera- tion, directly across the street from it. Since this Certificate of Necessity was filed by the school district since the hearing before the Commission, I am wondering if this may not possibly change the character of the situation and if it would not be in order to determine what possible effect the placement of this would have with the development the school district has in mind, Mayor Kayo Are you suggesting that light manufacturing zoning would be less desirable near a school than com- mercial zoning? Mr, Thompsona: Yes, I believe that might be my opinion. There would also be the possibility the school district might want this tract of land, inasmuch as this is about the same size and this would permit the tract on the southeast corner of Orange and San Bernardino Road to be released for a higher use. I think it would be more suitable for residential or some type of possible commercial rather than a school. Mayor Kaye In this particular case we have no control over the school district regarding land. Mr. Thompson: I have brought forth the ideas I had in mind and comment briefly on the fact that I lave within the -16- C.C. 2-24-58 Page seventeen 300-foot radius of this use. The exclusion of the easterly 250' indicates a thoughtful effort on the part of the Commission to reach a. suitable use satisfactory to all parties concerned on this matter, but I am wondering what use might be made of that portion of property to make it compatible to residential.. The history of this piece of property in that when C-1 was requested for it we spoke in favor of it. Now they want 'M' zoning and the people are greatly concerned about the value of their residential property if this industrial zoning does go through. Mrs. Johnson of 4136 No. Yaleton, stated that the former owner, not Mr. Pick, had been turned down on 'M' zoning on this property by the County and had then attempted to annex to the City with 'M' zoning and had been also turned down at that time, It was her • opinion there was no greater need for 'M' zoning here now than at that time, and that Mr. Pick must have been fully aware that it had been turned down previously on those terms. Mrs. Johnson in- dicated that Mr. Pick was not as much interested in the welfare of the City as he was in benefit for himself. It was also indicated by Mrs. Johnson that she felt industrial was not as good as commer- cial near a school district. Mrs. Bissell of 1830 Adams Drive, West Covina, questioned as to what • type of manufacturing would go in here. Mayor Kay stated that under Ord. 325 it corresponds roughly with M-1 zoning in the County and Councilman Brown indicated that the city's M zone is even more restrictive than the County M zoning, with stipulation against certain uses unless under a special use permit. Mr. Thompson stated that he wished to submit the idea of perhaps • multiple dwellings on this property. Mr. Pick spoke in rebuttal. It has been stated that the west side adjoining property is not developed yet, but the west side is developed, it is owned by Mr. Blackard and developed and the other part is owned by me which is developed. In regard to the school, I spoke to the owner of the property mentioned and he indicated that he does not know anything about the school proposal except what was noted in the newspapers. About C-1 zoning, when I received that zoning and was dealing with a Market they required a survey to be made which we did. In that time Walker's Market was built and then two McDanie.l's Markets came in, which brought the value of a. Market use down. You need 5000 potential buyers and at the time of the survey we had 3000 but these Markets that came in cut that amount down almost com- pletely and no use for a market exists there now. There being no further testimony, the hearing was declared closed. -17- C.C. 2-24-58 Page eighteen Councilman Brown: In the recommendations you ask for a 60- • foot street. There is shown 8-foot side- walks. Are you going to have a. parkway or 44-feet for street purposes? City Engineer: There will be an 8-foot parkway with 44- feet of pavement from curb to curb. Motion by Councilman Brown, seconded by Councilman Mottinger and carried that Zone Change No. 111 be approved, subject to the recommendations of the Planning Commission and the City Engineer. AMENDMENT NO. 21 A proposal to amend Ord, No. 325 (Zoning City Initiated Ordinance) to modify the regulations per - ADOPTED taini.ng to required yard areas in resi- dential zones. Recommended for adoption by the Planning Commission, their Resolu- tion No, 563. It was recommended that Section 1507 of the Zoning Ordinance be amended to read as follows: SECTION 1507: Cornices, eaves, etc,, may project into yards. . Cornices, eaves, belt courses, sills, buttresses or other similar architectural features may extend or project into a sideya.rd not more than two (2) inches for each one (1) foot of width of such side yard and may extend or project into a front or rear yard not more than thirty (30) inches. Provided that single story • dwellings in the residential zones shall be permitted the following side yard eave projec- tions: 1) Where the required side yard is 5'-0" eaves may project not more than V-011. 2) Where the required side yard is 7'-0" eaves may project not more than 31-011. Mayor Kay opened the public hearing and stated that all those desiring to present testimony on this matter should rise and be sworn in by the City Clerk. There being no testtmony presented, the hearing was declared closed, Councilman Brown: This does not include fireplaces? • Planning Comm. Sec'y: This does not include fireplaces. Councilman Brown: I think this should include fireplaces mum C.C. 2-24-58 Page nineteen Councilman Brown - continued also. Fireplaces along side of buildings would be better than straight lines. Councilman Mottinger: I think this corrects a situation that has existed and I do not believe that the fireplace portion has caused too much trouble. I agree with the Planning Commission and their findings. Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that City Initiated Amendment No. 21 be adopted in accordance with the recommendations of the Planning Commission, WEED ABATEMENT Set for hearing this date by City Council Resolution No. 1271 of January 28, 1958. City Clerk: We have affada.vits of publication in the West Covina. Tribune dated February 6 and February 13, 1958. City Engineer: I have an affadavit of property posting com- pleted prior to February 14, 1958. • Mayor Kay opened the public hearing and stated that all those desiring to present testimony on this matter should rise and be sworn in by the City Clerk. There being no testimony presented, the hearing was declared closed. Motion by Councilman Mottinger, seconded by Councilman Brown and carried that weeds be abated and Council directs the Street Super- intendent to proceed on all the properties described in reports. Recess was called by Mayor Kayo Council reconvened at 9:20 P.M. GENERAL MATTERS ORAL COMMUNICATIONS Mr. L. Servia of'the West Covina Cab Company stated that he would like to get another taxicab into service in the City. He in- dicated that he had been issued a license in November and that business had picked up and he needed another cab. City Clerk: Mr, Servia was directed not to take on any more • equipment until the matter of taxicab companies was solved. The West Covina Fleetwood Taxi company was directed to put into writing any further statements they might desire to make in 'regard to this -19- C.C. 2-24-58 CITY CLERK - continued Page twenty matter but to date we have received nothing from them. Mayor Kayo On that basis perhaps it might be well to wait another two weeks on the matter as we have not completed the report on it. Mr., Servia: The Baldwin Park Taxi Company, as well as the West Covina Fleetwood Taxi Company, are now send- ing their cabs into the City and they are push- ing me out. If I go to the May Company they are waiting with two cabs in this end of town. Mayor Kayo You would like another cab to protect your own interests? Mr, Servia: That is correct. Councilman Mottinger: It might be in order to see if the City Clerk can have the needed further in- formation in to us by next Monday night. . Councilman Pittenger: Let's put a deadline on this. I think we have been very tolerant of this other cab company so far as I am con- cerned. We have gone along with it for some time now and think we should draw a line on it. Councilman Brown: I would put a deadline on this for next • Monday night, with the report in soon enough for study to be given to it by that time and then a decision given. Motion by Councilman Pittenger, seconded by Councilman Barnes that any necessary information that is to be forthcoming in writing from the West Covina Fleetwood Taxi Company be presented prior to meeting to be held by Council next Monday night, with Council to take action at that time. WRITTEN COMMUNICATIONS The City Clerk presented and read a communication from Arthur Jo Will, dated February 19, 1958, in appreciation for the various scrolls, letters, telegrams and good wishes received from various City Council, particularly those of the City of West Covina and further stated his appreciation of the attendance of the City's local officers at the luncheon. -20- C.C. 2-24-58 Page twenty-one • REQUEST FROM HENRY H. WHEELER, JR. The City Clerk presented and read a request from Mr. Wheeler that at the conclud- ing of annexation proceedings the parcel of 241 acres involved in Annexation No. 158, which property fronts on Valley Boulevard, be zoned in classification 'MI. REQUEST OF CENTER The City Clerk presented and read.a MERCHANTS ASS'N, OF communication of this group dated . WEST COVINA February 22, 1958 from Harry So Holden, President. This communication requested approval of the City Council to erect two (2) 6 x 8 signs immediately west of the City Hall, along the San Bernardino Freeway, to aid the buying public to reach the Center, and to further assist those seeking to avail themselves of the services and merchandise of their businesses they desired to erect smaller directional signs at the California -Vincent turn-off near the Vincent intersection and at Lark Ellen and Garvey. It was further stated the signs will not be more than directional and. will. be in keeping with the type of signs that the State High- way Department prefers to exhibit in behalf of freeway information. • Mayor Kaye It might be advisable for Council to take a realistic look at the necessity of signs along the freeway and it might not be out of order to consider at least a directional sign for each of the shopping areas within the City. • Councilman Brown: I think it would be in order and I think that we can secure 'Business Center Ahead' signs from the State Highway Department for all of them. Councilman Mottinger< I would be willing to go along with designating proper places of turn-off for business centers, but not adver- tising for individual centers. Mayor Kaye Perhaps the best way to handle this problem would be to deal with and through our Chamber of Commerce to discuss the problem with them, the need and what we can do about it. Rather than being arbitrary on the matter we can have Council committee sit with the Chamber of Commerce and go over this matter. Councilman Pittenger: I believe that Councilman Brown and I • have such a meeting coming up in the immediate future and this could be added to the Agenda for discussion at .that time. -21- C.C. 2-24-58 Page twenty-two CENTER MERCHANTS - continued Mayor.Kay. I think the request is reasonable and I think that in meeting with the Chamber of Commerce you could get into this -thing to see if some solution can be worked out to notify the public of our business centers. Councilman Mottinger: One facet to this problem ' is to keep in mind that we are heartily in favor of advertising our own business centers as properly as we can, but keep in mind we are setting a prece- dent for other cities in this valley and this matter should be in keeping with anything that might develop along the freeway. . CASA GRANDE BUILDERS City Clerk: We have a communication from the Casa Grande Builders, dated February 24, 1958 in reference to Tract No. 18205. This is located south of Merced, east of Azusa Avenue. It is a request for the return of deposit covering one electrolier and street improvements. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that this matter be referred to the City Engineer and Director of Public -.Works for report. PLANNING COMMISSION SUBDIVISIONS TENTATIVE MAP. TRACT NO. 24411 LOCATION- On hoof Drive between the south side of Vander - Mesa Drive and Barranca West Covina Builders Street. APPROVED ' 2.1 Acres 4 Lots -.Area District III Recommended for approval by the Planning Commission at their meet- ing of February 19, 1958. Maps were presented by the City Engineer, and the recommendations were read as follows.- 1) That all lots conform to Area District III requirements. 2) That all street improvements outlined in Section 49 of Ordinance No. 225, including utilities, be installed accordingly and meet the'approva.1 of the City Engineer. This to include re- construction of existing improvements to present City standards if necessary. • 3) Provide storm drains and easements, where required, satis- factory to the City Engineer. -22- 0 0 L� C.C. 2-24-58 SUBDIVISIONS - continued Page twenty-three 4) That one foot lots at the end of Vanderhoof Drive be dedicated to the City of West Covina in fee simple. 5) That approval of this map be made conditional upon subsequent approval by the City Engineer of a lot grading plans No final map approval will be given until the lot grading.plan has been approved and the feasibility of the map has been substantiated accordingly. Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that Tentative Ma.p.of Tract No. 24411 be approved sub- ject to the recommendations of the Planning Commission and City Engineer. METES & BOUNDS. LOCATION, Northeast corner of Glendora. and SUBD. NO. 135-144 Vine Avenues. E o Go Hotchkiss APPROVED - 2.6 Acres - 4 Lots - Area District II Recommended for approval by the Planning Commission at their meet- ing of February 19, 1958. Maps were presented by the City Engineer and the Recommendations were read as follows: 1) That all alley. improvements meet the approval of the City Engineer, 2) That all parcels be graded to drain to public streets and alleys. 3) That Parcel No. 1 will be divided as three (3) undivided interests to each of the remaining parcels. 4) That the applicant shall record a. deed restriction holding this property (Parcel No. 1.) for parking purposes exclusively. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that Metes and Bounds Subdivision No. 135-144 be approved, subject to the recommendations of the Planning Commission and the City Engineer. GENERAL MATTERS REQUEST FROM C.C. TOLAND TO AMEND CONDITIONS ATTACHED TO TENTATIVE MAP OF TRACT . No. 23634 APPROVED -23- Maps were presented by the City Engineer, and the Planning Com- mission Secretary stated as follows. "One of the conditions of the ,map was that al] buildings be C.Co 2-24-58 Page.twenty-four 'GENERAL MATTERS - continued removed or demolished. The property owners have since expressed a desire to retain the old stucco dwelling with the minimum set- back as shown. These things have been permitted in some cases where the exposure of the house has not been critical, as in this case. This has been recommended for approval subject to the original conditions attached to the Tentative Map with a stipulated amend- ment to allow the continuance of the one-story stucco dwelling to remain as a 'Non -conforming Use.' Motion by Councilman Brown, seconded by Councilman Barnes that the • request of C.C. Toland to amend conditions attached to Tentative Map of Tract No. 23634 be approved, in accordance with the recom- mendations of the Planning Commission. PARK & RECREATION COMMISSION- No reports. ORDINANCE NO. - . WEST COVINA City Attorney: I wrote to SOUTHERLY ANNER-A-T-1-0-N79158 Mr. Chapman and Mr. Ca,ldecott • (Second reading) asking them to request the HELD OVER City in writing to hold this up 'for the reasons we do not want delay to operate against us'. Mr. Chapman called me and stated that for this meeting he would agree with that and would contact Mr. Caldecott and if he agreed, will, put this in writing. INTRODUCTION ORDINANCE Temporary Interim Zoning Ordinance affecting a portion of Southerly Annexation District No. 158 The City Attorney presented and read "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA BEING A TEMPORARY INTERIM ZONING ORDINANCE AFFECTING A PORTION OF SOUTHERLY ANNEXATION DISTRICT NO, 1580" Motion by Councilman Brown, seconded by Councilman Barnes amd carried that this Ordinance be introduced and given.its first reading. SECOND READING ORDINANCE NO. 562 Amending Ordinance No. 360 relating to main- tenance of swimming is pools. ADOPTED "AN ORDINANCE OF THE CITY COUNCIL THE CITY OF WEST COVINA AMENDING ORDINANCE NO, 360 RELATING TO THE TENANCE OF SWIMMING POOLS." -24- OF MAIN- C.C. 2-24-58 Page twenty-five ORDINANCE NO. 562 - continued Motion by Councilman Brown, seconded by Councilman Barnes and carried that further reading of the body of the Ordinance be waived. Motion by Councilman Barnes, seconded by Councilman Brown that Ordinance No. 562 be adopted. Motion passed on roll call as follows: Ayes. Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes., None Absent: None City Attorney: I have written a letter to Council, at the request of Mr. Mottinger, in regard to what may be done with C-R zone and have given copies of.that letter to each member of Council. • RESOLUTION NO, 1292 Granting an Unclassified Use Permit for a Recreational Center Privately and/or publicly Operated. ADOPTED 0 "A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF WEST COVINA GRANT- ING AN UNCLASSIFIED USE PERMIT FOR A RECREATIONAL CENTER PRIVATELY AND/OR PUBLICLY OPERATED UPON PROPERTY LOCATED ON THE EAST SIDE OF CITRUS AVENUE BETWEEN WALNUT CREEK WASH AND VANDERHOOF DRIVE." Mayor Kay: Hearing no objections, we will waive further'read- ing of the body of the Resolution. Motion by,Councilman Mottinger, seconded by Councilman Pittenger that Resolution No. 1292 beadopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None AN ORDINANCE REGULATING, "AN ORDINANCE OF THE CITY COUNCIL OF Signs and Billboards THE CITY OF WEST COVINA REGULATING INTRODUCTION SIGNS AND BILLBOARDS." • Motion by Councilman Brown, seconded by Councilman Barnes and carried that the Ordinance be introduced and given its first reading. -25- 0 7 0 C.Ca 2-24-58 SIGNS & BILLBOARDS - continued Page twenty-six The City Attorney read the recommended changes before introduc- tio ' n of this ordinance and stated this, was in relation to Section 33 of the Ordinance and were changes in the structural part of the ordinance. AN.ORDINANCEAMENDING certain sectionsandadding thereto of certain section of Ordinance No. 325 (Zoning Ord.) and repealing Ord. No. 418 INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING SECTION 700.1; 801; 900.2; 1001 and 1407 AND ADDING THERETO SECTION 1105 OF ORDINANCENO. 325 OF THE CITY OF WEST COVINA KNOWN AS THE COMPREHENSIVE ZONING ORDIN- ANCE AND REPEALING ORDINANCE NO. 418 OF SAID CITY OF WEST.COVINA.11 Motion by Councilman Pittenger, seconded by Councilman Brown and carried that the Ordinance be introduced and given its first reading. The City Attorney stated this ordinance has to do with certain signs permitted and amendment to zoning ordinance and there are no changes to be made to it. CITY CLERK PETITION FOR ANNEXATION NO. 154 LOCATION, South side of Francisquito Avenue, between Azusa and Lark Ellen Avenues. City Clerk: On November 25, 1957 the City Council passed Resolution No. 1238 accepting Notice of'Intention to Circulate Petition for the Annexation of territory Designated as "Annexation No. 154 and an affidavit of publication thereof. We have received a, County Boundary Commission communication ap- proving as to the definiteness and certainty of the boundaries of Annexation No. 154. The petition was circulated within the proper time in that it cannot be circulated until 21 days has passed after the Resolution has been adopted. We now have an Affidavit of the circulator, Williams J, Banks, that the signatures are genuine signatures of the person whose name it purports to be and that each signer is a registered voter of the County of Los Angeles, State of California and of the territory proposed to be annexed. We do not have a written affidavit from the Registrar of Voters as to the number of registered voters in the area.but by oral -26- • • • - C.C. 2-24-58 CITY CLERK - continued Page twenty-seven report it is indicated there are 96 (registered) voters. 32 registered voters signed the petition and that is more than one -quarter required by law. Therefore the petition is in order and the affidavit is in order. Council may accept this petition for annexation and direct the City Attorney to set a, date of hearing. Motion by Councilman Mottinger, seconded by Councilman Brown and carried that the petition for annexation, known as Annexation No. 154, be accepted and the City Attorney be instructed to draw up a Resolution setting a date of public hearing on this matter. PROPOSED ANNEXATION NO. 4 LOCATION: Southwest and south - of the City of Baldwin Park east.corners of Puente and . Francisquito avenues. The City Clerk stated that a communication had been received from the County Boundary Commission, dated February 13, 1958, in regard to the filing.of a proposal by the City of Baldwin Park for the annexation of territory known as Annexation No. 4, filed on February 6, 1958. PETITION FOR SANITARY SEWER DISTR. There are 331 non -validated A'11-57-B signatures out of 543 parcels in this district, represent- ing 61% of the total district. Motion by Councilman Mottinger, seconded by Councilman Brown • and carried that this matter be referred to the City Engineer for report. PETITION FOR,SANITARY SEWER DISTR.. There are 57 non -validated A111-N signatures, representing approximately 70% of the totaldistrict. Motion by Councilman Brown, seconded by Councilman Mottinger and carried that this matter be referred to the City Engineer for report. CITY TREASURER January, 1958 Report Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that the City Treasurer's Report for January, 1958 be accepted and filed for the record. -27- C.C. 2-24-58 Page twenty-eight FUNDS RECEIVED UNDER City Attorney. I have written a letter 1911 ACT PROCEEDINGS in response to an inquiry as to how to handle funds received under the 1911 Act proceedings. A new bank account -should be opened in the name.of the City Treasurer as City Treasurer's Trust Fund, for deposit.of 1911 Act monies, keeping different proceedings separate for accounting purposes as separate funds but depositing all in the same bank account. Neither the Mayor nor the Director of Finance should be concerned with these funds and withdrawals should not be made by regular. warrant but by check of the City Treasurer, 0 COUNCIL, COMMITTEE, REPORTS RESULT OF STUDY BY CITY COUNCIL Mr. Gilmore- I read in the news - OF PROPOSED TELEVISION FRANCHISE paper that those of you present would have some objections. The objections stated were valid but there are answers to each in that we do not necessarily agree with or ask for the ordinance that was prepared by the League of California Cities. We had said we.would agree with whatever you (Council) would wish,to improse upon us and what we asked for is not the type of franchise asked for by the City of Los Angeles and we are not connected with the companies who asked for the franchise from the CityofLos Angeles. We are asking for a, license and permission to cross the street in less * than 100 places, 89 to be exact. In each of these cases we would cross over -head with line no larger than a, telephone line. We would in no way put in additional poles or add additional over- head lines to the ones existing now because we would cross the existing telephone and power lines. This makes, in my opinion, a completely different picture than has been presented as paid T.V. We are not paid T.V. in the sense that has been brought out by the publicity. We are'not connected with the two companies involved and will provide for closed circuit TV which in no way supresses T.V. but adds a local channel and provides for seeing first -run pictures from local motion picture houses. The pictures will be supplied by distributors in the area. In those two- cases we are proposing nothing to take anything away from what T.V. users see nor interfere in any way with . what pictures are sent from Mt. Wilson. With these things stated I.think your objections could be answered. You say the franchise could be transferred. In our case I think you are making it non-exclusive so there would be no reason to • transfer the franchise. 190 C.C. 2-24-58 Page twenty-nine -COUNCIL COMMITTEE, REPORTS continued Mayor Kay: Do Mr. Gilmore's statements change the situation in any way brought about previously by request, or deviate from the recommendations of the League? City Attorney: Only in a matter of degree. I do not know what objections you found in the Ordinance or recom- mendations of the League. I sent a. copy of this to Polyview and they indicated they felt there was some ambiguousness to where the 2% would apply to total un- related income. I think the Ordinance is clear in that the 2% is from their closed circuit T.V. operations or any income derived from that source. • So far as I am concerned the guiding principle is that use of public streets for facilities of any kind is not lightly granted. It -is granted when benefit is to be derived by the public and it seems there should be a demonstrated benefit, and demonstrated that the public wants it before property is allowed to be used by public concerns. Councilman Pittenger: I voiced some objection to this from • time to time. The City Attorney's last statement is my main objection in that I think there .is no need. It -seems the only people wanting it are those interested in paid T.V. ' I have gone to some demon- strations and only those that had interest did the talking. It was mentioned there would be no interference with local programs. • I think that Mr. Gilmore may believe it, but I do not believe it myself. Advertising is now the principle means of programs on T.V. but if T.V. programs can be sold, the advertiser will not be able to keep up with it and everyone will have to be paying to see T.V. The good programs are limited, views of sports events would be what I would have to pay for because advertising could not compete with those that can bring itin by piping it into a house for pAyinent, I think what would happen. is that all good pro- grams would go.on paid T.V. and we would get worse programs, and I think advertising feels the same way. I feel there is no need in this community for paid T.V. at this time,_and I am against any license for paid.T.V. at this time. Mayor Kay: On October 28, 1957 this was discussed in detail and a.motion was made that the City Attorney be instructed to study the ordinance submitted by the League with the view of drawing an Ordinance for the City of West Covina, issuing a franchise for a closed • circuit T.V. to Polyview Corporation. Prior to that there was considerable discussion with those present that they would agree to maximum changes and they wanted to have some indication so -29- C.C. 2-24-58 Page thirty • COUNCIL COMMITTEE, REPORTS continued they might place their order for equipment. Councilman Pittenger:. It was also stated at that time that we*coul.d give them,a letter of intent that we were going to provide an ordinance in the near future but the City Attorney said there, would be nothing officialabout it and that we could change our minds. The whole thing was, these people stated they must get their equipme nt ordered, However, Los Angeles is not going ahead with this thing so I believe there is no such equipment urgency now. Mr. Gilmore: We did proceed and do have on order camera equipment, studio equipment and a co -axial cable. We did it on the basis that you have -stated. We intended to put this in West Covina. Councilman Pittenger: It was stated that we could change it tomorrow. Mr. Johnson I get the idea you are going to turn it down. Polyview Corp. I wonder if before anyone else puts this in, • you will give us the opportunity to reapply? Mayor Kay: We haven't -taken any action. We discussed it at an informal meeting but could take no formal action at that time. Mr. Johnson: I have the feeling that the unfortunate hearing • between F.C.C. and T.V. as against paid T.V. has influenced your decision. However, I would in- dicate there is a difference between paid T.V. from closed circuit T.V. as we propose. In Los Angeles area they run into trouble in that they have no extra, bands so on broadcast T.V. they would take one of the existing channels and convert it to paid T.V. and if they do that all of the other existing channels will demand the right to go to paid T.V. Ours would come in on Channel 6 and not interfere with any existing channels and the granting of a franchise in West Covina is not going to effect free T.V. at all. If they grant paid T.V. in Los Angeles you will have it cause an effect on free T.V., but then if you had closed T.V. in West Covina you could pick up programs you might lose. All.these other cities would not affect Los Angeles. Councilman Pittenger: I think ' the minute you start paying cash for programs then advertisers can't • afford putting free programs on tele- vision. -30- 1; C..C, 2-24-58 Page thirty-one • COUNCIL COMMITTEE, REPORTS - continued Mr. Gilmore: We do not propose to compete with advertised programs. We are proposing to extend the availability of motion pictures. We will not compete with television. We are going to do this in cooperation with the theatre owners.themselves. This is a different thing we are talking about. Councilman Mottinger: One of the things that concerned me was the apparent dispute that is coming up with regard to control by F.C..C. and apparently there is no solution to it as yet. In the light of those things, and there will be some further development sometime in the future, is it • urgent from your point of view that a franchise be granted right away, or could we wait until findings come up? Mr, Gilmore: We would like to proceed and since we would be crossing private property we do not propose to use public property but very little. We would like to proceed on one other basis in that you are going to be faced with an increase in schools. During the day this network of cable would be available as a use for an extension of your • schools with school programs and bring school to the home. This is a real important part in relation to lack of teachers and school rooms. It is urgent since it takes time to put this in. Whether people will accept it is important because if -people do not accept it there is no point in doing it. My surveys have indicated 80% . would accept it. Any area that would not accept it 80% we will not serve. That is the answer as to whether the people want it or not. From the financial standpoint we have a sense of urgency because we have 200 miles of cable on order and what can be done about it. Councilman Brown: There is a difference of opinion tonight as to what has been discussed in the past when we originally discussed this paid live T.V. Now we are not discussing viewing of sporting events and such things for television viewing.- What we actually con- sidered originally seems to have been thrown out and now we are speaking of something different. Mr. Gilmore: The reason for not including baseball games, etc. is that there are no facilities to bring it in and the Los Angeles Dodgers . made no arrangements. I am personally against Fights and could bring them in but also have no facilities to do so. That would be an F.C.C. decision. -31- C.C. 2-24-58 Page thirty-two • COUNCIL COMMITTEE, REPORTS - continued We would have first run motion pictures;.that is not live T.V. but it is something that is very desirable. You could have a free local channel, live for West Covina, paid for by advertising and get local features on it such as Council, and high school athletic games. You would have a free channel on 'A' and Channel 'B' and 'C' would be motion pictures and those would be the only ones that would be by the exhibitors. Mr. Johnson: We will not broadcast.from Mt. Wilson. This is a closed circuit transmitting we will have. Councilman Browne If you are not going to use any poles but you go up a. street with four people taking it and then have to skip one house, what do you do to reach the rest? Mr. Gilmore: If someone does not desire this service we will ask permission to go over their homes. If we are not permitted in that case, we will go to the telephone company for joint use of a pole and in West Covina they are not on private property • but public property through an easement. We would request you hold this over as perhaps it is a different type of proposal than when first mentioned. Mayor Kay- Perhaps you could be present at our study meeting next Monday and if you feel this is a different presentation, revise your request. • Motion by Councilman Mottinger, seconded by Councilman Brown and carried that the matter of the T.V. Franchise be held over for further study a.t,,the request of the proponents. Mayor Kay: The City Manager leaves us prior to our next Council meeting and our selection for a. new City Manager will. not be completed by March 1. At this time I would propose Harold L. Johnson to serve as temporary City Manager, pending an agreement on a permanent City Manager, on a full time basis as Acting City Manager starting March 1, 1958. Motion by Councilman Mottinger, seconded by Councilman Brown and carried that Harold L. Johnson be designated to serve as Acting City Manager on a. full time basis starting March 1, 1958. -32- C.C. 2-24-58 Page thirty-three • Mayor Kayo Harold Johnson has asked us to consider a formal request to him regarding leasing of additional space by the City for use by our Police Depart- ment,•Engineering Department and other facilities. We discussed this on a study basis. There were proposals in the budget to add to the existing police building but the wiseness of this was questioned. There was suggested the possibility of leasing on a temporary three year basis facilities for Police Department and Engineering Department. Perhaps he should be instructed to procede in regard to leasing such facilities on the part of the City. Motion by Councilman Pittenger, seconded by Councilman Brown and • curried that the Public Works Director be authorized to proceed with getting proposals for leasing of temporary space for Police Department. • Councilman Brown: Councilman Pittenger and myself, in working with the Chamber of Commerce, decided to expand this committee to include all shop- ping centers or merchants organizations within the City limits. Our next meeting is March 4 and the letter submitted this evening will be taken under consideration. Councilman Brown: There was a matter of banking procedure discussed earlier this evening and I would like to say that we are now banking in three banks and.still banking in Covina. I think all our banking should be done in West Covina and spread throught the three banks in the City. Councilman Pittenger: I think that would be in order also, and I am wondering what we might have left in checks and drafts on other banks. Do they amount to anything? -33- 0 11 • 40 C.C. 2-24-58 Page thirty-four Chief Finance Officer: I believe our supply is down to where it would not be too expensive to change over. City Attorney: This matter is entirely up to the City Treasurer but Council can certainly express their desire. Motion by Councilman Brown, seconded by Councilman Barnes and carried that Council recommends to the City Treasurer that all of the City's monies be distributed with the banks in West Covina on as near equal basis as possible, Councilman Mottinger: I have received a letter from Senator Kuchel pertaining to our interest in flood control in West Covina. He quotes from a letter received from the U.S. Army Engineers, which indicates that a lifting of the expenditure ceiling will permit the award of the contracts for the work for the protection of the West Covina -Baldwin Park area in the current fiscal year as completed prior to the establishment of the fiscal year 1958 expenditure limitation, Councilman Pittenger: I attended a Water Board meeting in the Valley which I thought might in- terest Council.. They are trying to get several cities together to form a water district, but find they must take all of any number of. communities. Part of Pomona is in another water district so it will take a. repeal in legis- lature in that particular matter, but it is being worked on, REPORTS - CITY MANAGER SAN DIMAS-BADILLO DRAINAGE We received a, communication from AREA Assemblyman Erwin in regard to this matter as it affects the community. In discussing this matter with Council it was felt that Council- man Brown and Councilman Pittenger would meet with Assemblyman Erwin at some future date to see what might be done on this matter. It will probably be sometime in March, REVISED LEASE FROM VALINDA This was delivered just prior HEIGHTS WATER COMPANY to this meeting this evening and it appears that all our terms have been complied with but feel it should be authorized after it has been checked by the City Attorney. -34- Coco 2-24-58 Page thirty-five • LEASE FROM VALINDA HEIGHTS WATER CO. - continued Motion by Councilman Pittenger, seconded by Councilman Brown and carried that the Mayor and City Clerk be authorized to sign the revised lease from the Vali,nda. Heights Water Company after check- ing as to form by the City Attorney and if approved then to enter into an agreement with the Ridge Riders to use a portion of park facilities for Riding Arena on a .lease basis for the City. City Manager: There has been preliminar approval negotiation from the Ridge Riders butfouraCity Attorney would have to prepare a draft of agree- ment between Council and that organization, COUNTY LIBRARY I have been informed by the County they are to proceed with plans for the County Library in the Civic Center and they desire to meet with the City for negotiations of the site. It has been moved up so it would be included in the next current budget of the County if that is approved. • I have information from the Administrative Office of the County that the report is being prepared on the Sheriff's and Fare Services and would be in final draft for delivery to you by the end of the week or early next week. Councilman Pittenger: I gather they are putting this contract together and probably had no actual set • up for these things. City Manager: The problem is the converting of an existing or established department to County services. That is probably making the difference. Councilman Brown: I think we should have this by the tenth of March or all negotiations'are off, Councilman Pittenger: I think you are being say by the first of March. erous, I would Motion by Councilman Pittenger, seconded by Councilman Brown and carried that complete information on this matter should be obtained by March 1 so that action can be taken and the County be so notified to that affect or else Council shall take action. C.C. 2-24-58 Page thirty-six • SERVICING OF ELECTRICAL The City Manager indicated that the WIRING IN CITY HALL wiring in the City Hall was very hazardous and this servicing is needed to be done to eliminate those hazards. Motion by Councilman Brown, seconded by Councilman Barnes that the amount of $130.00 be appropriated for study of existing electric circuits in connection with special servicing with the electrical wiring in the City Hallo Motion passed on roll call as follows - Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None Upon completion of the Capital. Improvement Program I would suggest and recommend that when this is done that a final report in some kind of print form be made available to the public. Once this is done, and with your fiscal program in sound condition and your personnel system, your capital improvement program will be the most important thing you will have in years to come. I would appreciate approval of accrued vacation time on my part that I have had to carry over and request approval of my 1956 vacation which I could not use this past year. Motion by Councilman Brown, seconded by Councilman Barnes and carried that allowance for vacation "accrued since 1956 but not taken" be given to City Manager Petrie. AUDIENCE PARTICIPATION Mrs, M. Van Dame: I hope you are not planning on selling out the Fire and Police Department to Los Angeles County. Why not add to it instead of killing it? There is no need to go to the County. I think that Mrs. Merry your City Treasurer, in view of the money she handles and the position she holds, should have more salary and I also think that Mr. Flotten, your City Clerk, should have a little more. Council salaries should also be raised but the Mayor should get no more than the rest of Council. I think they should have at �. least $50.00 per meeting. -36- Coco 2-24-38 Page thirty-seven • DEMANDS APPROVED Motion by Councilman Barnes, seconded by Councilman Brown that Demands in the amount of $185,587.91 as shown on Demand sheets B-38, C-71 and C-72 be approved, the total to include funds transferred in the amount of $134,253.60 and bank transfers in the amount of $15,OOO.00. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay Noes: None Absent: None APPOINTEES.FOR PERSONNEL BOARD The following names were noted: Mr.. Cole, Mr, Shives, Mr, Zoelle, Mr, Sorensberger and Mr. Sullivan. • As a new Personnel Board they would be present next Monday March 3, 1958, at 7:30 P.M. • • There being no further business, the meeting was adjourned at 11:05 P.M. until 7:00 P.M. Monday, March 3, 1958. -37-