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03-12-1958 - Regular Meeting - Minutes• MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL 0 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. - 1 - 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 2 • 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. - 3 - • • 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 • 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. - 5 - • 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? • • s • 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 7 - 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 - 9 - • 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. • • • 0 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. - 10 -