03-12-1958 - Regular Meeting - Minutes• MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
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CITY OF WEST COVINA, CALIFORNIA
March 12, 1958
The meeting was called to order by Mayor Kay at 7:40 P.M. in the
West Covina City Hall.
ROLL CALL
Present: Mayor Kay, Councilmen Barnes, Brown, Mottinger,
Pittenger
Others Present: Public Works Director and Acting City Manager,
City Clerk, Planning Commission Secretary.
PUBLIC WORKS
DIRECTOR'S REPORT
Public Works Director: Councilmen Pittenger, Brown and myself
(Mr. Johnson) went to Sacramento and submitted a pre-
sentation of various freeway deficiency
• problems and various problems that are
anticipated in connection with the free-
way, and the extension of Azusa Avenue within the next few years,
There were ten (10) items in a comprehensive report which were
related to five (5) other reports and we filed those with the
various members of the State Highway Department.
We ha,d a heart-warming reception but have no definite results
to report at this time.
Councilman Brown: Mr. Johnson has covered the matter very
well., and I also wish to state that our
reception this time was indeed a very pleasant one.
PLANNING COMMISSION
TIME EXTENSION TO Building permit application for West
COMMENCE CONSTRUCTION Covina Theatre. Expired December 28,
West Covina. Theatre 1957 (Ord. No. 443)
(Sidney Pink)
July 1, 1958 -
Planning Comm. Sec'y: Ordinance No. 443 granted a Zone Variance
and Precise Plan on this matter and
• stipulated construction within two years.
This was passed on November 28, 1955
and became effective December 28, 1955.
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is C. C. 3-12-58 Page two
PLANNING COMMISSION - continued
A Building Permit Application is now in and it is indicated the
work is about ready to proceed so perhaps some time extension
may be in order if Council so desires.
Motion by Councilman Pittenger, seconded by Councilman Mottinger
and carried that the request for an extension of time to commence
construction on the West Covina. Theatre be granted to the date
of July 1, 1958 and if it is indicative that an amendment to the
ordinance is necessary to be drawn up the City Attorney be in-
structed to do so. Councilman Brown 'Not Voting'.
REQUEST FOR DETERMINATION LOCATION: North side of Garvey Avenue
OF REQUIRED STREET AND between Grand Avenue and Walnut Creek
• ALLEY DEDICATIONS Wash.
(Precis6 Plan No. 111)
John & Vincent Sch1lz
Planning Comm. Secly: This request is to have Council con-
sider property the City might desire
for dedication under the possibility
of future subdivision here.
• We have worked with the Engineering Department and they have a
map, which is before Council, which shows stub alleys that might
be put in if these lots were subdivided.
The Planning Commission feels that the necessity for alleys exists
where you have to cross one man's property to get to another man's
property. Where the parcels lie immediately contiguous to the
alley, in each case there is no reason for dedication.
• As a matter of Precise Plan we would have to hold driveway widths,
etc., so there are no service problems. The Commission,recom-
mends street dedication be made but no alley dedication but the
area be reserved for use.
Motion by Councilman Barnes, seconded by Councilman Pittenger
and carried that Revised Precise Plan No. 111, dated February 6,
1958, be approved subject to the recommendations of the Planning
Commission,
SECOND READING "AN ORDINANCE OF THE CITY COUNCIL OF
ORDINANCE NO. 565 THE CITY OF WEST COVINA BEING A
Interim Zoning on a TEMPORARY INTERIM ZONING ORDINANCE
Portion.of Annexation AFFECTING A PORTION OF SOUTHERLY AN -
No. 158 NEXATION DISTRICT NO, 158.11
ADOPTED
• Councilman Pittenger: The thing that we should think about
here is what we are doing to the possi-
bility of Annexation No. 158 materializ-
ing if we go ahead and grant this. if
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C.C. 3-12-58
Page three
ORDINANCE NO'. 565 - continued
this is granted we are committing ourselves on one piece of
property and it might be to the disadvantage of other owners in
the same annexation.
I attended the meeting of the Planning Commission and believe
there was a. request for a. Cemetery use on this property. If
that is the best place for such use, well. and good, but if not
it will have a bearing on how the other people in this annexation
feel.
I do not think we should grant any Interim Zoning on anything
until we look at the whole thing.
Mayor Kay: If you do not grant some zoning of some kind
• on this particular ground you have automatic-
ally any to have a SpecialiUsedPermitpal on�R-A, Y Permit as it is
it in one of the zones. You have to have
These people are actually applying for a Special Use Permit at
the Planning Commission.
Councilman Mottinger: I believe that Councilman Pittenger is
• pointing out that it might be ill-advised
to consider this for the Cemetery use
that the Commission is considering at the
present time.
Councilman Pittenger: Is what you are going in this Interim
Zoning granting 'M, zoning in here?
• Mayor Kay: Yes, so we would be in a
Positionto
take any necessary action. (fit came
in R-A we could not do that.
Councilman Pittenger: The only thing we are doing, I think,
is scaring everyone who owns property
in that area. I had comments made to
me that this would hurt the whole thing and they were made by
those not necessarily opposed to Annexation 158. If you come in
with a Special Use here, then where are we going to be?
Mayor Kay: I have checked with the closest
Property
owners and I believe there was arepresentative
who spoke the other night (at the Planning
Commission meeting) who stated he was not necessarily in opposi-
tion but gave opinions on this matter.
• We are not considering a Cemetery zoning as such, we are con-
sidering an Interim Zoning here as 'M, zoning which is what they
would get if they go to the City of Industry.
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C.C. 3-12-58 1 Page four
Councilman Brown: I think you might be putting the 'cast
before the horse' to zone this before it
is in the City. If this is zoned for a
Special Use we are going to defeat anything we might want in the
way of manufacturing.
Mayor Kay: We could not even look at a. Special Use Permit
unless the property was in a zone other than
in R-A.
Councilman Brown: I think we should not look at a special
zoning unless it is in the City.
Councilman Mottinger: It seems that it might be rather foolish
to consider this zone. What advantage
are we going to gain by having interim
zoning.
Mayor Kay: If you want to keep a 'toehold' on Annexation
158 and not have everyone on your back I think
Council could see going along with 'M' zoning
here.
Councilman Brown: I think we should hold this over until
we get the advice of the City Attorney.
Mayor Kay: The City Attorney stated at our regular meeting
that this interim zoning ordinance needed a.
four -fifths voteand that is why it was deferred.
Councilman Barnes: I think that on this matter we should
have the good will of the people in
• Walnut and I do not think that if we
do this now, before their election is completed down there, that
we will have their good will. They will think that someone is
trying to get ahead of them in the area,
Mayor Kay: I think you are forgetting about the manufactur-
ing purposes wanted here. If there is not an
'M' zoning, and if the election in Walnut fails,
it will go into the City of Industry.
Councilman Mottinger: How does this area stand in relation to
the tentative zoning that was studied
at one time?
Planning Comm. Sec'y: I believe a, portion of this area was
shown as commercial -manufacturing and
then the`more rugged terrain was shown
• as possible.high density -residential. However, I believe the
greater portion was such that it would be mostly commercial -manu-
facturing.
ME
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C.C. 3-12-58
Page five
Councilman Brown: How much longer are we going to hold
this ordinance over on Annexation No. 158?
,Mayor Kay: I would say possibly not more than one
to two meetings to get it straightened
out with the property owners involved
down there. There are indications that we are almost in agree-
ment with the people who intended to sue the City if this an--
nexation went through, and part of this work was done by the
interim zoning applicant who worked on our behalf.
Councilman Pittenger: That doesn't seem to 'jell' with what
was stated in the Planning Commission
meeting. He (applicant) may feel that
way but the adjacent property owners do not necessarily seem to,
• Mayor Kay: I am talking about the 'M' zoning issue,
which is the first step to take down there,
but if you are talking on the basis of
comparison with the City of Industry, what happens when the
people join the City of Industry if incorporation fails? If we
do not use this mechanism of interim zoning it will come in as
R-1 and raise taxes, which they do not want. They want this
interim zoning for other uses.
• Councilman Pittenger: We are leaving ourselves wide open for
everyone else in the annexation to come
in for interim zoning and perhaps we
have not convinced ourselves that this
is M-1 use. We discussed R-1, R-3 or commercial.
Mayor Kay: I think that it would seriously damage
• any annexation that we do have if we do
not go along with this interim zoning
basis. At this stage if we do not go along you will cut off any
hopes of further expansion in this area. The problems this might
cause would be ]Less than the problems there will be if this is not
taken in.
Councilman Mottinger: Most of the criticism seemed to be in
relation to the request for a. Special.
Use Permit.
Mayor Kay: This interim zoning puts us on a par
with the City of .Industry zoning. They
do firm zoning before they annex. There
is not question (with them) of any
Precise Plan or public hearings.
• Here, this would be subject for use to a Precise Plan and they
would have to process a permanent 'M' zone change because this
is an interim zoning.
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• C.C. 3-12-58 Page six
Councilman Mottinger: Would this whole property, being 'M'
classification, fit in with what we set
up for a tentative Master Plan in the
Walnut area?
Planning Comm. Sec'y: As the map is defined, it would. I
believe the intent was to use all of
it that may be economically feasible,
for manufacturing uses. Even the entire parcel, with certain
grading, might be feasibly 'M' zone.
Councilman Mottinger: I would be in favor of granting an
interim zoning. However, I think it
should be understood very clearly that
our normal concept of planning of the whole area is to be considered
first, before we zone anything 'piece meal.' and that this should
• go no further than 'M'zoning.
Councilman Brown: If this is subject to a Precise Plan I
would not have too much objection to
giving this an interim zoning.
Planning Comm. Sec'y: It must, at some time, transfer from
interim zoning to firm 'M' zoning and
you would need a public hearing.
Between time of firm zoning and potential zoning, while the in-
terim zoning is on, if a building permit is filed than you must
grant it. However, if nothing is done to improve the property
the interim zoning might be .rescinded at the time of public hear-
ing.
Councilman Pittenger: I am concerned about the fact that if
• 'M' zoning is down there, and you grant
interim zoning with understanding it
might be firm zoning, then there might be no chance to go back,
if it is annexed, and say that we changed our minds on this. If
we can go back and say there can be R-P, R-3 or R-1 on some of
it then I see no dangers in granting this. However, I think that
we have scared some of the people down there.
Mayor Kayo I do not think we can say that we have
(scared the people) but one of the
persons in the application may have.
Planning Comm. Sec'y:
possibility of.applying a.
• Councilman Barnes:
In granting interim zoning you might
attach a statement setting forth your
intention to re -study zoning with
different zoning.
Didn't the City Attorney state that he
did not see why we wanted this interim
zoning ahead of Annexation 1.58 coming
into the City?
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•
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C.C. 3-12-58 Page seven
Mayor Kay: No, I do not believe so, as that is the actual
purpose of this so 'that ;zoning can be defined
before it might come in to the City.
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Ordinance.
Motion by Councilman Mottinger, seconded by Councilman Brown that
Ordinance No. 565 be adopted.
Motion passed on roll call as follows:
Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger,
Mayor Kay
Noes: None
Absent: None
RESOLUTIONS
City Clerk: It has been brought to our attention by the
City Attorney that the action taken by
Council at their regular meeting of March 10,
1958 in relation to Resolution No. 1302
needed a.four-fifths vote of Council. It is his recommendation
that Council rescind their action on this Resolution and re-
adopt the Resolution with a. four -fifths vote
Motion by Councilman Barnes, seconded by Councilman Mottinger
that the action of Council at their meeting of March 10, 1958,
in relation to Resolution No. 1302, be rescinded.
Motion passed on roll call. as follows:
Ayes: Councilmen Barnes, Mottinger, Mayor Kay
Noes: None
Absent: None
Not voting: Councilmen Brown, Pittenger
RESOLUTION NO. 1302
Determining that construction
of certain sanitary sewers
is necessary as a health
measure
ADOPTED
Lark Ellen Avenue and Stuart
Avenue Sanitary Sewer District.
"A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, DETERMING
THAT THE CONSTRUCTION OF CERTAIN
SANITARY SEWERS IS NECESSARY
AS A HEALTH MEASURE IN JAMES
AVENUE, AND OTHER STREETS, IN
THE LARK ELLEN AVENUE AND STUART
AVENUE SANITARY SEWER DISTRICT,"
Mayor Kay: Hearing no objections,
reading of the body of
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we will. waive further
the Resolution.
• C.C. 3-12-58 Page eight
RESOLUTION NO. 1302 - continued
Motion by Councilman Mottinger, seconded by Councilman Brown
that Resolution No. 1302 be adopted. Motion passed on roll call
as follows:
Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger Mayor
Kay -
Noes: None
Absent: None
MANAGER'S REPORTS
Acting City Manager Police and Fire Chief Appointment.
(Mr. Johnson)
• I have a, memorandum addressed to me from
Vaughn Walters in relation to transfer
of T. J. Stanford, and I would approve
the report which reads as follows:
"In the study meeting of Monday, March 10, 1 was instructed by
the Council to submit a recommendation as to the proper classi-
fication title for a. new position the Council was creating for
T. J. Stanford. The information provided was that subject
• employee was to be assigned duties connected with license enforce-
ment, zoning enforcement and such, additional duties as might arise
commensurate with this type of work. It was further stated that
they (Council) desired to establish a salary of Range'42, Step Y,
$700.00 per month for this position.
It is my suggestion that this position be entitled either Zoning
and License Investigator or if this term is deemed too specific,
• Special Service Officer. Duty assignments would include, but
would not necessarily be limited to, the following activities:
1) Enforcement, of business licenses ordinance. This would in-
clude periodical city wide investigations to ascertain that
all businesses or individuals were properly licensed.
2) Necessary patrolling of the City to enforce business licenses
ordinance as it concerns itinerant merchants, delivery trucks,
door-to-door salesmen, etc.
3) Investigation and reporting on matters pertaining to zoning
violations including the handling of complaints, etc.
4) Investigation and reporting on matters relative to conducting
of business in private residences as concerns both the zoning
and licenses ordinance.
• 5) Such other ordinance enforcement work as may be deemed advisable
or necessary by the City Manager.
• C.C. 3-12-58 Page nine
MANAGER'S REPORTS - continued
For organizational purposes this position would be subject to
the administrative.supervision of the City Manager, however,
since the City Clerk, by ordinance, is .responsible for issuance
of business licenses those duties which pertain to business
license enforcement will be performed in cooperation with the
City Clerk's office.
Mr Johnson: We should have an organizational chart and
resolution approved by the Council, but this
would more properly be left for the permanent
City Manager to do. Due to the present
confusion in the various department duties, for the present
I would recommend that this position. be directly responsible to
the City Manager so that I can coordinate the work with the
• Special Services Officer until a permanent Organization Chart
is approved.
Motion by Councilman Barnes, seconded by Councilman Brown, that
the Acting City Manager recommendations in regard to 'Special
Services Officer' be accepted and approved.
Motion passed on roll call as follows.
• Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger,
Mayor Kay
Noes: None
Absent: None
FIRE CHIEF APPOINTMENT In relation to this item as taken up
by Council at their regular meeting of
. March 10, I find that in going through
the personnel files with the Personnel
Officer it would appear by indication of correspondence, and
also from what I have been told in regard to this matter, that
the present Fire Chief would remain on the payroll up to June 1,
1958 to help orient the new man into the Fire Department,
Mayor Kay: I believe the understanding was that the
present Fire Chief would remain on at his
present salary and title until June 1, 1958.
Mr. Johnson: I would like clarification in regard to the
item taken up by Council in relation to
additional facilities and proposals exclusive
of Police Facilities.
• Mayor Kay:. What we were basically thinking of is that
we need some more space for the expansion of
other city departments. Af we are going to
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• C.C. 3-12-58 Page ten
lease for Police facilities and also build or lease for some
other departments we might come out better financially if there
is a larger area needed for lease.
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•
•
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It was actually to summarize the needs but it may be that there
would only be the transfer of one city department out of the City
Hall and the expansion of any others, if needed, within the City
Hall. It might be this would be administrative as to how much
more space is needed for city employees to work in.
There being no further business, the meeting was adjourned at
8:20 P.M.
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