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05-12-1958 - Regular Meeting - Minutes4r MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA' May .12, 1958 The meeting was called to order by Mayor Mottinger at 7:30 Po M. in the West Covina. City Hall. Councilman Barnes led the pledge of allegiance to the flag. Invo- cation was given by Councilman ROLL CALL Present: Mayor Mottinger, Councilmen Barnes, Brown, Pittenger and Heath. Others Present: Planning Com,Secretary, City Engineer,_City Manager,, City Clerk.,, Assistant Engineer, City Attorney. Absent: None Mayor Mottinger: Approval of the minutes of April 28th. Are there any additions or corrections? Councilman Brown: Correction on Page 27, last paragraph. Mayor Mottinger: What is the correction: Councilman Brown: It should read that the motion was made that the signs stand status quo. It is now worded that the Eastland directional signs remain status quo. It should read that the signs remain status quo. Mayor Mottinger: I would like to make two corrections on Page 2 in paragraph 40 .The last line should read Commissioners instead of Commissions, In Para- graph 10 it should read "committee was working with the chamber". Are there any other corrections? If none, then the minutes will stand approved as corrected. 11 At this time I would like to introduce to the citizens of West Covina our new City Manager, recently the City Manager of Tulare. We are a. little bit belated in our introduction publicly, but this is the first regular meeting since Mr. Aia.ssa has come with use We are very proud to announce his appointment as City Manager, Would you like to say a few words? Mr. Aia.ssa: No, thank you, Mayor. Just glad I'm in West Covina. Co Co 5-12-58 Mayor A#ottinger: Page two At this time, I believe Mr. Frank Smith has something to say. Mr, Frank Smith: Your Honor, City,CouAcilmen, Ladies and Gentle- men* On March lst of this year the Boy Scouts, Cub Scouts and Explorer Scouts held their annual Scoutorama in the Covina High School athletic ' field.- Tanis. particular 'event, there were over 3500 Cub Scouts, Boy Scouts and Explorer Scouts that took part in this participation. In the afternoon we held a mammoth parade that really took a lot of cooperation on the part of the Police and all of the men of that department, to stage. That evening the Explorer Scouts put on a disaster demonstration which also took a lot of coordination and planning, which many hours were spent in than particular part of the program. Tonight, as the Boy Scouts representative of the Monte Vista District, I am here tonight to pay honor to one of the men that took a good stand in that event, Chief Allen Sills; would you please come up here. He doesn't know that we were going to do this, or he probably would draw the line. Allen, on behalf of all the Boy Scouts of this district, it gives me great pleasure to present you with this little token of appre- ciation for the many hours you have put in in working for the preparation of this event, and many other successful events. Chief Sills: Thank you very much, Mr. Smith. This is indeed • a surprise. I certainly didn't know what was going to happen tonight, and Fiords really fail me except to say that it was a pleasure to work with you, and I hope that we will beable to do the same for you next year, perhaps done in the City of West Covina. Thank you very much, PUBLIC WORKS DIRECTOR'S REPORT Mayor Mottinger: Mr. Aiassaa will you take over on the Director's Report. Mr, Aiassa: I think the first item on the agenda is this agreement with Mr. Harbert's property. I have two copies of his tax bill, and I think the City's approximate share would be approximately $300.00 to $345.00. This year only the pro -rationed cost to the City of West Covina will be $141o57e Mr, Harbert pays two-thirds and we pay one -thirds That would have to be a single tax bill because there is no recording of the deeds, so he would continuously be receiving tax balls and we would have to have a certified copy sent back to us so we would know the pro -ration -- if the Council agrees to consummate it. AGREEMENT TO PURCHASE HARBERT PROPERTY FOR ADDITION TO CORTEZ PARK . 7ouncilman That'.s land only? Pittenger: C, C,.5-12.-58 Page three DIRECTOR'S REPORT - continued Mr, Aiassa: Yes. Mr. Williams: It was anticipated we would let the taxes go delinquent. Mr. Aiassa: If the contract fails and we decide not to buy the land, then the City may be obligated to pay the delinquent taxes, plus penalties, wouldn't they Mr, Williams? Mr. Williams: Yes. Councilman And.all the rest of his property would be in Pittenger: jeopardy? Mr; Williams: No, ohe part of the agreement is -they will have separate tax bills. He will pay his own taxes, and as to what you do on the other, the agreement is you will be responsible fog° them. The- plan- actually is to purchase the property eventually, so you could let them go delinquent and when you purchase the property cancel the back taxes. • Councilman Could we separate it before we actually pur- Pittenger: chase? Mr. Williams: You're doing it on the Neeley and Bodger property, Councilman We actually went into escrow before those Pittenger: things were separated. Mr. Williams: On one of those things it is the same transac- tion. The Neeley and Bodger is the same. as on this. Mr. Aiassa. I.think maybe I was misled, because I checked the Neeley, and Bodger file. Mr.. Williams: That's a purchase. Mr. Aiassa: Up north they wouldn't separate the tax bill unless it was an out and out purchase. Mr. Williams: I understand Petrie agreed that once the agree- ment was signed they would segregate the bill- ings. This is third hand, but that's what I heard. Mayor Mottinger: Is'that agreement ready except for that infor- mation, Mr. Aiassa? t C. Co 5�_12-58 DIRECTOWS REPORT - continued Mr, Aiassa,: everythingon it. for exhibits? Mr. Williams: RESOLUTION N0.,1347 approving lease ADOPTED Page four Yes. We have the letter, optional purchase agreement, which I will turn over to Mr. Williams. It has the legal descriptions and Here's your resolution. Do you want the maps That can be attached later. "A RESOLUTION OF THE CITY COUNCIL -OF THE CITY OF WEST COVINA APPROVING A LEASE AND OPTION TO PURCHASE AND AUTHORIZING THE EXECUTION THEREOF." Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilihan Pittenger, seconded by Councilman Barnes, . that Resolution No.1347 be adopted. Motion passed on roll call as follow-9- Ayes: Councilmen Barnes, Brown, Pittenger,.Heath, Mayor Mottinger Noes: None • Absent None Mayor Mottinger: Item No. 2 Mr, Aiassa: I believe I'll call on Mr. Pontow to report on 2, 3, 4-,-5, & and 7. Mr. Pontow: There is a detailed recommendation report from the City Engineer. These were passed on to each Councilman by the City Manager. Items`"'2 and 3 are more or less connected. -Item 3 is a resolution accept- ihg grant deed which willcompleteall requirements in development for this particular precise plan.' RESOLUTION NO. 1348"A RESOLUTION OF THE CITY COUNCIL OF THE accepting certain CITY OF WEST COVINA ACCEPTING A CERTAIN instruments WRITTEN INSTRUMENT AND DIRECTING THE ADOPTED RECORDATION THEREOF." Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Council�an Pittenger:-,: seconded by Councilman Brown, that Resolution No. 1348 be adopted. Motion passed on roll call as follows. - Ayes.: Councilmbn Barnes, Brown, Pittenger, Heath, Mayor Mottinger 'Noes: None Absent: None J Co C. 5-12-58 DIRECTOR"S REPORT - continued Page five TRACT NO. 22768 LOCATION- North side of Puente Avenue Accept Street between Lark Ellen Avenue and Azusa Improvements Avenue. (CN & W Construc- tion Co.) Upon the recommendation of the City APPROVED Engineer, motion by Councilman Brown, seconded by Councilman Heath, and carried that street improvements in Tract No. 22768 be accepted and authorization given for the release of General Casualty Company Bond No. 359321 in the amount of $26,000.00. PRECISE PLAN NO. 54LOCATION: N. W. corner Sunkist Avenue Street Improvement, and Garvey Avenue. (Exc alibur Construc- tion Co.).. Upon.the recommendation of the City APPROVED Engineer, motion by Councilman Pittenger, seconded by Councilman Brown, and carried that street improvements in Precise Plan No. 54 be accepted and authorization given for the release of Massachusetts Bonding and Insurance Co. Bond No. C-794060 in the amount of $7,000.00. PROJECT C-71 LOCATION: Baranca, Street and Workman Traffic Signals Avenue, APPROVED Upon the recommendation of the City Engineer, motion by CoqAcilman Brown, seconded by Councilman Barnes, and carried that to proceed on Project C-71. METES &.BOUNDS Request of Subdivider, George Stoops. ,SUBDIVISION NO. 135-140 APPROVED Mr. Pontow: This is a request that came before the council,at the last meeting. There is a report attached to the back of the recommendations. Mr. Pontow.read the following recommendation. "Harold L. Johnson, Dik. Public Works May 9, 1958 R. E. Pontow, City Eng. Metes & Bounds Sub, 135-140 George R. Stoops "In accordance with the request of City Council May 5, 1958, an investigation was made of the requirement for sidewalks in connection with Metes & Bounds Sub. 135-140. "The Final map of subject subdivision was approved by City Council on November 12, 1957 and, in connection therewith, a deposit in amount of.$270.00 together with inspection fee of-$10.80 and an agreement was prqvided in accordance with the requirements for the subdivision. Co Co 5-12-58 Page six DIRECTOR',S REPORT - continued These fees and agreements were provided in conformance with Section 3 of Ord. 499 which requires subdividers to provide sidewalks on certain streets shown on the Master Plan. These same requirements were made and have been complied with on five other subdivisions on Puente Ave. since Ord. No. 499 has been adopted. "The City of.West Covina will be able to replace the two existing maple trees which are approximately five years old. The use of the proposed sidewalks will be for the benefit of the whole public and children or other pedestrians should not be denied the normal use of theme "In view of the above facts and circumstances, it is our recommendation that the sidewalks fronting the subject property be installed. R. E. Pontow, City Engineer" ..Councilman Pittenger: Ijow much .frontage is involved here? Mr. Pontow: About 154 feet. Coouncilman Brown: What is the Property on each side? Mr. Pontow: Tracts have been developed, but were put in �ri6r to sidewalks requirement. Councilman Brown: This 150 feet would be the only piece on that block? Councilman Pittenger: Is there any room'for sidewalks for the other.portions of it? The other tracts on either side? Any right of way? Mr. Pontow: Yes, we have sufficient right of way. Trees have been set in such a manner that when the sidewalks are put in they will not interfere. Mayor Mottinger: What is the action that we require on this? This was just a request? Mr.- Pontow: This was a request from the owner to re- linquish the requirement of sidewalks. Councilman Brown: 150 feet of sidewalks and a subdivision built up on each side of it -- it looks like this would be a playground for the whole neighborhood. I would be very much.in favor of waiving it. If latter on the City would like to put it in, it wouldn't cost over $400.00,and I think it would be an awful nuisance.. C. C. 5-12-58 Page seven DIRECTOR'S REPORT continued Mayor Mottinger: Of course, we're setting a precedent. Councilman Brown: I still think that if there are no side- walks except 150 feet in a block, it just isn't worth it. Mr. Aiassa: How much existing sidewalk is now construc- ted in this block? Mr. Pontow: There is noneinthis block. It extends all the way from Irwindale almost all the way to Hartley Street. Councilman Pittenger: How many lots are proposed here? Mr. Pontow: Two.; division of properties into two lots. Coqnc,ilman Heath: Are there any more undeveloped lots along that street? Mr. Pontow: None, Councilman Brown: T'll make a motion that the sub -divider • give the City a letter of intent that he will -install the sidewalks at any time the City should desire it, and waive the requirement at the present time. C'ouncilman Pittenger: I'll second the motion if you will make it a bond instead of a letter of intent. 0bun(fUman Brown: I won't make it under those conditions. C'ouncilmam P-i,ttengqr: We have made that on other sidewalks. We will have to make a motion stating how long we will hold it. Mr. Pontow: We have his deposit now for $270.00 to cover the cost of it. Councilman Brown: How long a time would you say was reason- able.? Councilman,.Pi;ttenger: I would say three years is reasonabld.: Caunft,lm&,iT,: Barnes: That's reasonable: Cbuncilman Brown: I'll amend my motion to be that we accept ,the $270.00 bond for.a period of three years. If, at the end of such time the City is not willing or able to put in the sidewalks, the money will be refunded. I t r_1 LJ • ,7•A:} C. C. 5-12-58 DIRECTOR'S REPORT - continued Councilman`Barnes: Second it. Mayor Mottinger: All in favor, aye. so ordered. SANITARY SEWER CONNECTION AND INSPECTION RATES, HELD OVER - Page eight Opposed? Passed and Mr, Aiassa: If the'Council.will permit, we would like to delay this until our next meeting•on the sanitary sewer inspection fee'. Mayor Mottinger: Will you explain a little for these -people? Mr. Aiassa: We. want to check a11- the, other cities.thht charge thii§ type ,of fee.- We _ have' An old survey on file now. At the time this rate was established there was a definite seriousness about these old cesspools and septic tanks -not being filled in properly, and some child or even adult might get seriously injured. At that time they requested that the inspector stay on the job until that job is completed. Name Not Obtained: The inspector is on a salary, is he not? Mr. Aiassa: Yes, but that is taking him from other inspection jobs Most of his job is in the street and City right of way. Unknown: All the other cities around here have the same condition. Mayor Mottinger: Let's don't debate this until the City Manager is ready to report. We'll hold this matter over, Mr. Aiassa: It will be ready at the next meeting. Unknown: May we be notified when this comes up again? Mayor Mottinger: Can you give us a. date, Mr. Aiassa? Unknown: We got word round about, about this agenda tonight. We would like to hear it first hand' this time. Mr, Aiassa When is our next meeting, Mr. Flotten? Mr. Flotten: 26th. • u C. C. 5-12-58 DIRECTOR'S REPORT - continued Mr. Aiassa: Page nine On the evening of the 26th. Unknown: In that particular petition that was pre- sented, there are four different cities that have been checked. The rates were checked on the same thing. Mayor Mottinger: I'm sure our City Manager will observe that.information. It's probably the reason why he isn't sure now and doesn't have a recommendation to make. RESOLUTION NO. 1349 LOCATION; East side of Glendora Ave. North Approving Final Map of Vincent Ave. Metes & Bounds No. 135-144 "A RESOLUTION OF THE CITY COUNCIL OF THE (E. G. Hotchkiss) CITY OF WEST COVINA APPROVING THE FINAL APPROVED SUBDIVISION MAP OF SUBDIVISION." Mr. Aiassa.: I would like to have Mr. Pontow take care of this - Mr. Pontow: On the requirements for Metes & Bounds Sub- division No. 135-144. This is Mr. Hotchkiss's property which they have divided into four parcels. We have a resolution, the attorney will. present it. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Barnes, seconded by Councilman Brown, that Resolution No. 1349 be adopted. Motion passed on roll call as follows: Ayes: Councilmeh Barnes, Brown, Pittenger, Heath, Mayor Mottinger Noes: Name Absent: None RESOLUTIONS NOS, 1350;""RESOLUTIONS OF THE CITY COUNCIL OF THE CITY 1351, i352, 1353, 1354 OF WEST COVINA ACCEPTING A CERTAIN WRITTEN bnd 1355 INSTRUMENT AND -DIRECTING THE RECORDATION (WayneEnterprises,Inc.) THEREOF." (Bert A. Tilton) (Myers Bios.Constr.Co.) (Robert D. Wossnor) .('Title Ins. & Trust Co.) (Gerald B. Plumb) APPROVED Mr. Aiassa: Items 10, 11, 12, 13, 14 and 15 are about the same thing -- sanitary sewer rights of way. Cp CD 5-12-58.. DIRECTOR'S REPORT - continued Page ten Mr. Aiassa - continued: I I think Mr. Pontow hqp a map showing that right of way. It's up on the hill area of the City. Mr. Pontow: The topography of the land is such that we can't get all the sewers down on the streets. Mayor.Mot,tinger:, That's for these next five resol'Otions then? Mr. Aiassa: Yes, Mr. Williams has them. Mr. Williams: Six of them. The title of all of them is the same. May6r-Mottinger: .-.Hearing no objections,*e'.will waive-,- further reading of the body of the Resolution, Motion by Councilman Brown, seconded by Councilman Barnes, that Resolutions Nos.1350, 1351, 1352, 1353, 1354 and 1355 be adopted. Motion passed on roll call as follows: • Ayes: Councilman Ba,rnes,-Brown,'Pittenger, Heath,'Mayor Mottinger Noes. None Absent: None Mr. Pontow: Calling attention to our recommendation sheet, before we take up 16, Item 15A should be taken care of. 15A - we have received the health officer's report for District.A'11-58-1. He states: "County of Los Angeles Health Department 241 North Figueroa Street Los Angeles 12, California April 24, 1948 "Honorable City Council. City of West Covina 1444 W. Garvey Boulevard West Covina, California Gentlemen: ."SUBJECT: Hollenbeck Street and Vine Avenue Sanitary Sewer District, A111-58-1, City of West Covina C. C. 5-12-58 Page eleven DIRECTOR'S REPORT - continued "RECOMMENDATION: It is respectfully recommended that sanitary sewers be installed in this district. "ANALYSIS: This department has made an investiga- tion of the Hollenbeck Street and Vine Avenue. Sanitary Sewer District, A111-58-11 City of West Covina, as shown on the attached map. During the course of this investigation 47 house -to -house calls were made. Of this number 17 occu- pants.were not at home or did not answer the door. Of the 30 property owners or tenants actually contacted, 13 or 43=I/3% reported they had experienced trouble with their individual subsurface sewage disposal systems. They com- plained that the seepage pits filled up, causing raw sewage to back up into the house plumbing fixtures or to overflow on to the surface of the ground, also that frequent pumping and cleaning out of the seepage pits was necessary. "The soil within the area of this proposed sanitary sewer district consists of heavy adobe and clay. This type of soil is not conducive to the proper functioning of any type of individual subsurface sewage disposal system, as it has very poor leaching qualities. "In view of our survey, I, the undersigned Health Officer of -the County of Los Angeles, having been officially designated by the City Council of the City of West Covina to perform public health services for the City of West Covina, do hereby ,recommend that proceedings be instituted at once for the con- struction'of sanitary sewers in the Hollenbeck Street and Vine Avenue Sanitary Sewer District, City of West Covina, as an improvement necessary to the protection of.public health and pursuant to the provisions of Section 2808 of the Streets and Highways Code. Very truly yours, ROY 0. GILBERT, M. D. Health Officer ROG:LCH:db cc'o City of West Covina (2) . Dr. Meehan, D.H.O. " Mr. Pontow: Recommendation, that the sanitary sewers be installed in the district. Our recom- mendation is to accept the report and in- struct the City Engineer to proceed pursuant to -Section 2808 Division 4 of the Streets & Highways Code, Motion by Councilman Brown, seconded by'Councilman Heath, that the Health Officer's report be accepted and the Cit9°Engineer be instructed to proceed pursuant to Section 2808, Division 4 of the Streets & Highways Code. I • • C. C. 5-12-58 DIRECTOR'S REPORT - continued Mayor Mottinger: Page twelve All in favor, say aye Opp®sed?; So ordered... RESOLUTION NO.1356 "A RESOLUTION OF THE CITY COUNCIL DETERMIN- Sanitary Sewers ING THAT THE CONSTRUCTION OF CERTAIN SANITARY, APPROVED SEWERS IS NECESSARY AS A HEALTH MEASURE IN THE HOLLENBECK STREET AND VINE AVENUE SEWER DISTRICT" Mayor Mottinger: Hearing no objections, we will waive further ,reading of the body of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Barnes that Resolution No. 1356 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Heath, Mayor Mottinger Noes: None Absent: None K yor Mottinger: Do you have any other resolutions? Mr. Pontow: The next three items are consolidated in that they have already passed thkough the Health Officer's report and are now -ready to recommend for adoption, a resolution approving assessment district map for District A' 11-56"-`o RESOLUTION NO. 1357 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY A'11-56-5 OF WEST COVINA APPROVING.MAP OF ASSESSMENT,., APPROVED DISTRICT FOR THE'IMPROVEMENT OF VINE AVENUE AND OTHER STREETS IN SAID CITY. Mayor Mottinger; Hearing no.objections, we will waive further reading of the body of the Resolution. Motion by Councilman Pittinger, seconded by Councilman Brown that Resolution No. 1357 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, .Brown, Pittenger, Heath, Mayor Mottinger Noes: None Absent!,' None Mr. Pontow: Having approved the map, the next thing in order is to approve plans and Rrofiles and the specifications which I have in the folder here. C. C. 5-12-58 Page thirteen DIRECTOR'S REPORT continued RESOLUTION NO. 1358 "A RESOLUTION OF THE CITY COUNCIL OF THE Adopting.,improvement CITY OF WEST COVINA ADOPTING PLANS AND plans and p 1,°ofiles PROFILES AND SPECIFICATIONS FOR THE IMPROVE - APPROVED MENT OF VINE AVENUE AND OTHER STREETS IN SAID CITY1t Mayor Mottinger - Hearing no objections, -we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Pittenger that Resolution No. 1358 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Pittenger, Heath, Mayor Mottinger Noes: None Absent: None RESOLUTION NO. 1359 "A RESOLUTION OF THE CITY COUNCIL OF THE District A'11-56-5 CITY OF WEST COVINA DECLARING ITS INTENTION 1911 Adt- TO INSTALL.AND CONSTRUCT SANITARY SEWERS APPROVED ON VINE AVENUE AND OTHER STREETS AND DETERM- INING THAT BONDS SHALL BE ISSUED" • Mayor Mottinger: Hearing no objections,. we will waive further reading of the body of the Resolution. Motion by Councilman Pittenger, seconded by,Councilman Barnes that Resolution No. 1359 be adopted. Motion passed on roll call as follows': Ayes: Councilmen Barnes, Brown, Pittenger, Heath, Mayor Mottinger Noes., None Absent: None 'Mr. Pontow:. On our recommendation sheet we have another additional item which pre6eOes Item 20. It pertains to the health officer's report. This is dated April 30, 1958. "Honorable City Council April 30, 1958 City of*.West Covina 1444 West Garvey Boulevard West Mbvina,, California Attention: Mr. R. E. Pontow, City Engineer Gentlemen: SUBJECT,. Service Avenue, Barbara Avenue and St. Malo Street SanitarySewerDistrict, A111-57-6, City of West Covina. C. C. 5-12-58 Page fourteen DIRECTOR'S REPORT -.continued Letter - April 30, 1958 - continued "RECOMMENDATION: It is respectfully recommended that sanitary sewers be installed in this District. "ANALYSIS. This department has made an investigation of the Service Avenue, Barbara Avenue and St. Mal-o Street Sanitary Sewer District, A111-57-6; City bf West Covina, as..shown on the attached map. During the course.of this investigation 130 house - to -house calls were made. Of this number 40 occupants were not at home or did not answer the door. Of the 90 property owners or tenants actually contacted, 48 or 53-1/3% reported having experienced trouble with their individual subsurface sewage dis- posal systems. They complained that the seepage pits filled up, causing raw sewage to back up into the house plumbing fixtures or to overflow on to the surface of the ground, also that frequent cleaning out of the seepage pits or the construction' of new pits was necessary. "The soil within the area of this proposed sanitary sewer district consists of loam end clay. This type of soil is not conducive to the proper functioning of any type of individual subsurface sewage disposal system as it.has very poor leaching qualities. "In view of our survey, I, the undersigned Health Officer of the County of Los Angeles, having been officially designated by the City Council of the City of West Covina to perform public health services for the City of West Covina, do hereby recommend that proceedings be instituted at once for the construction of sani- tary sewers in the Service Avenue, Barbara Avenue and Ste Malo Street Sanitary Sewer District, City of West Covina. This recommendation is made as an iinp.rovement necessary to the pro- tection of public health and pursuant to the provisions of Section 2808 of the Streets and Highways Code. Very truly yours, ROY 0, GILBERT, M. D. Health Officer ROG:LCH:b cc: City of West Covina (3) Roy 0, Gilbert, M. D. Dr, Meehan, DHO " RESOLUTION NO, 1360 "A RESOLUTION DETERMINING THAT THE CONSTRUC- Sanitary Sewers TION OF CERTAIN SANITARY SEWERS IS NECESSARY APPROVED AS A HEALTH MEASURE IN THE AREA SOUTH OF WALNUT CREEK WASH" Mr. Williams: This includes Barbara Avenue between Valinda and Glendora. t C. Co 5-12-58 DIRECTOR'S REPORT - continued Page fifteen Mayor Mottinger: H#acing no objections, we will ,waive further reading of the body of the Resolution. Motion by Councilman Barnes, seconded by Councilman Brown, that Resolution No. 1360 be adopted. Motion passed on roll call as follows Ayes: Councilmen Barnes, Brown, Pittenger, Heath, Mayor Mottinger Noes: None Absent, None Mr. Pontow: Tract 23537. We have a final inspection report. TRACT no. 23537 LOCATION: Southwest.corner of Badillo Accept Sewer Street and Phillips Avenue. Facilities APPROVED Upon the recommendation of the City Engineer; motion by -Councilman Pittenger, seconded by Councilman Barnes and carried that sewer facilities be accepted and authorization given for the release of Hartford Accident and Indemnity Co. Bond in the amount, of $5,500.00. . TRACT NO. 19497 LOCATION: Northwest side of Orange Ave. Accept Sewer between Francisquito and Merced Avenues. Facilities APPROVED Upon the recommendation of the City Engineer, motion bk Councilman Heath, seconded by Councilman Brown and'cattied that sewer facilities be accepted and" authorization of Seaboard Surety Comp,an.y.: Bond No. 522157 LA in the amount of $11,800.00. ZONE VARIANCE NOe194 LOCATION: Alley south'of Badillo Street Accept Sewer Facili- and.crossing Phillips Ave. ties - Sunkist School APPROVED Mr, Pontow: This is a little different in that it is a facility constructed by a public school with no bond required. The report states that leakage tests have been performed satisfactorily and every- thing is in accordance with City standards and we recommend the acceptance of the sanitary facility. Upon the recommendation of the City Engineer, motion by Councilman Brown, seconded by Councilman Heath and carried that sewer facili- ties be accepted.,. • r C. C. 5-12-58 Page sixteen DIRECTOR'S REPORT - continued PETITION A111-57-B Referred City Clerk: This memo was directed to the City Council and requests that the petition for this installation'be accepted and the City Engineer be directed to furnish the preliminary report. There are 354 non -validated signatures -- 555 lots, 64% Mayor Mottinger: I believe it is in order that this matter be referred to the City Engineer for his study. Motion by Councilman Pittenger, seconded by Councilman Barnes, that Petition A'11-57=B be referred to the City Engineer for preliminary report. Mayor Mottinger: All,.in favor of turning this over .to the City Engineer say ayes Opposed? Passed and so ordered. SCHEDULED MATTERS HEARINGS ZONE VAR.&ANCT.-NO. 224 LOCATION: Southeast corner of Cameron and The ,Classic of Cali- Val4nda Avenues. fornia HELD OVER Mayor Mottinger: Here is Item 24, zone variance. We have a letter from Reverend Van Dyke asking for a postponement until May 26th. Appar- ently the committees have not come to a conclusion on their studies and that is the reason for the request for delay. ZONE VARIANCE NO. 117 LOCATION: 1932 East Garvey Avenue, between Morris & Rita Pynoos Juniper and Baymar Streets & Joseph Le Brun APPROVED Mr. Gerschler: In the matter of Zone change No. 117, Planning Commission Recommendation 589. Mr. Gerschler then read the recommendations of the planning depart- ment regarding Item 25. Mr. Gerschler: Would you like to hear the conditions? Mayor Mottinger: Yes; C. C. 5-12-58 Page seventeen HEARINGS - continued Mr. Gerschler then read the conditions of recommendation in regard to Item 25, zone change No. 117. Councilman Brown: Would you read that last paragraph on parking? Mr. Gerschler: They completely enclose the garages pro- vided for off street parking. Councilman Brown: Not stating how many, though? Mr. Gerschler: The recommendation is on off street parking. Mayor Mottinger: This is the time and place for public hear- ing on Zone Change 117 and Precise Plan 126. All those _desiring to speak in favor of them or against these applications will please rise and be sworn in by the City Clerk. No one wishes to speak for or against these appli- cations? If not, we will declare the public hearing closed. C®'unci'hman Brown: I think this:. -garage ought to be cleared up. It shows 40 apartments and 38 parking spaces. . Mr. Gerschler: Through the Planning Commission's,,resolu- tion they would have to be enclosed garages. Mayor Mottinger: It would probably call for some change in their drawings because they wouldn't want an -enclosed garage out in front. Motion by Councilman Brown, seconded by -.Councilman Barnes that Zone Change No. 117 be granted subject to approval of the Precise Plan. Mayor Mottinger: It is moved a.rid.seconded that Zone change N0.117 be granted subject to approval of the precise plan. All in favor aye. Passed. Motion by -Councilman Brown, seconded by Councilman Pittenger, that Precise Plan 126 be approved subject to all the regulations of the Planning Department, and in addition there be a garage for each apartment. -... Mayor Mottingek: - ---Moved Moved and seconded. All in favor say aye. Opposed? Passed and so ordered. 0 • • C. C. 5-12-58 HEARINGS - continued AMENDMENT TO ADOPTED PRECISE PLAN OF DESIGN NO. 109 Simon F. Pepper & Earl Gish HELD OVER Mr. Aiassa: be referred back to the tion, on the condition taining to the original number of names on that Mayor Mottinger: they should be heard. Mrs Gerschler: Page eighteen LOCATION: South side of Merced Avenue, between Willow and Garvey Avenues. Planning Commission Resolution No. 588 We do have a petition on protest on this particular change of Design 109. I would like to recommend to the Council that this Planning Commission subject to that peti- that additional information or facts per - hearing might be substantiated with the petition. We have called a public hearing and if there are those here who desire to speak in protest of this Precise Plan I think In regard to the amendment I have the following recommendations Mr. Gerschler then read the recommendation of the Planning -Depart- ment regarding Item No. 27. He also read the conditions whereby this Item would be approved, Mr. Gerschler: The applicant submitted some additional evi- dence that he may wish to show during the hearing. We have been over this and find it is in accordance with the Planning Commission requirements. Mayor Mottinger: This is the time and place for the public hearing on the amendment to adopt the Precise Plan. All those desiring to speak in favor of or against this amendment, please stand and be sworn in by the City Clerk. The City Clerk then administered the oath to the following: NED GILBERT My name is Ned Gilberts I represent the 714 North Foxdale owners of the property and this plan that Avenue, West Covina is being submitted here this evening is a plan that's been evolved after many plans. It's been about a, year and a half now that plans and counter -plans and counter suggestions have been made. The group that purchased this property originally had been most discouraged as a result of the opposition they have received. The lack of cooperation at times -- they went in supposedly, the first proposition, to put in an investment of over a half million dollars in'a.partments. We believe it is a sound plan to put apartments in that area. The neighborhood warrants apartments. C> C. 5-12-58 HEARINGS - continued Page nineteen ,There are none in the westerly part of West Covina, and eventually, as I've discussed with members of the City, the houses in that particular area are considered a possible trouble area. I am re- ferring to the older houses. Eventually it could become a slum area where the houses are presently now 14, 15 and some are 20 years old, We believe that this particular plan is one that repre- sents a sound plan, both from the point of view of building and from the point of view of financing, and we're having difficulty now, as -1 said, with several of our prospective investors because they haven't found the cooperation in.the City that they require, and further delay is only going to convince them that they're not going to be able to put up an apartment house of this magnitude. We would like to urge the City Council, that in view of the fact that it's been a year and a half, and the Planning Commission con eiders this is a good plan and has been recommended by the Planning Commission, that they pass.it this evening. T.. E. MOORE Gentlemen of the Council. As Mr, Gilbert 1304 Ardilla, pointed out, there's been hearings and re - West Covina hearings on this thing; so much, I'm sure we're all sick of it. However, we, the property owners of that area, have been a little bit disgusted,our- selves over these people here where it seems to me.that someone • just tries to ramrod something down somebody's throat, and this slum area happens to be people who have bought in the last two or three years, with children. I admit they are not in the $40,000.00 class. Many of us moved from other cities to get into an area that would have certain rules and plannings. We have tried not to be narrow minded on this and try to point out silly things. We have pointed out things we are interested in and we believe you will be" too. This thing on parking has been brought out time and time again. The lack of play area for children,. The builder now says there will be no children. In the past they pointed out they were all one bedroom apartments, but Mr. Brown said, ."What -are the. two bed room apartments doing in here?" and some explanation was given. They were told they were all covered garages and one of the other gentlemen in the Coqpnil at that time pointed out, "Well, here are some open carports. How did they get in the plans?" Then it was pointed out that the artist's description did not match the plans. Well, "the artist didn't get a chpnce to get them to match the plans." Well, in our own opinion, these people are business minded and they're trying to get as many units on a piece of land as possible, with no lot for children. I think it's nothing to be proud of that we won't have children. It's a city of -children. This parking is extremely important. The average family has two automobiles; many of them have three., It's almost essential to have two automobiles. On the street where I live, out of eleven houses there are nineteen automobiles and I believe sixteen children too. It was pointed out this was close to the Freeway, not good for any other type of building other than an apartment house. I only speak for myself. I am not fighting apartment houses, but I am against them building with no forethought to the future. I think C,.C, 5-12-58 Page twenty HEARINGS - continued they have shown they are not willing to come before the Council or -`Manning ?Commission -- the first hearing we were notified of was before the City Council At that time one-half of the Precise Plan was thrown out. They appepted the V.F.W. --,a gentleman from Baldwin Park had four lots and they were in such a hurry to build -- they had to start right then. They voted to split the original Precise Plan, and the V.F.W. turned over one shovel of' dirt sever4l months ago, and.the gentleman who bought the four lots who was in such a hurry to build, he comes down and looks at the lots about once a month. He said he was going to try to sell off part of the property to get a street -through or something. 'One-half was approved because they were in such a hurry to get it started. The second hearing it was turned down for the same reason, because of these garages and play area and two bedroom apartments, and we asked at that time -- I believe that was the latter part of March. I believe we asked at that time that before anothfr hear- ing -- it was set aside by the Planning Commission -- we asked to be notified if it was going to come up before the Planning Commis- sion. I hear tonight it came up on the 16th and was approved with these changes. On April 3rd I wrote a letter and had some of the neighbors in.the area -- asked them to sign it, and sent it to the members of the City Council at that time and pointed out some of the things that we were fighting. At that time I also sent a clipping from one of our neighboring cities, San Gabriel, where they had a very serious problem where they had 85 apartment units in one area and 109 automobiles, and the city police department was being ridden pretty hard because people were parking their cars all night on these streets, and since it was against the City Ordinance the police were issuing citations, and the apartment owners were abki.ng them to release the City Ordinance, and until that time they had not done so. I.think cities of this type should take these things into consideration. We who have bought.our property have intentions of staying for a long time, and we would like tohave this be an'area to be protected, not an area where developers can come in and build just as many as they can because the more units they can get on there the more they can sell it for, and I can't think of any ordinance that can stipulate that no children shall live there. I ask that the thing be kicked out again on these grounds. Mayor Mottingero Any other speaking,in opposition? Will you please stand and be sworn in? CYRIL B. ESHELBY I have lived in the City and V ve seen it 1219. Se Willow, progre0s and build good.houses, and I just West Covina want to state one thing, If they are allowed to build these two story apartments you're on the way to a.slum area in West Covina, and no,two ways about it. Of course, we have got some good houses there right now, and if they .tart to build this rubbish they're going to build it's just good-bye beautiful West Covina. ni 0 0 C. C. 5-12-58 HEARINGS - continued Page twenty-one GEORGE SMITH I am the owner of the Algiers Apartments in 1511 Hollyoak Dr., West Covina on Bandy Street. I believe West Covina they should all be kept in the same area, not be spread over our beautiful city. This. parking is a problem and we property owners would like to keep them off the street. I believe they should have off street parking. I would like to see them all kept in one area. We have lots of vacant land. I have looked at over 22 lots already zoned instead of going into areas that weren't rezoned at the present time. I am thinking of building adjacent to mine now. MRS. 9SHELBY I just wanted to know if they Are sure that they have these closed garages, is that in this latest plan?, Mayor Mottinger: I think that is'in. Mrs. Eshelby: Can they be trusted to build what they have onpaper? Mayor Mottinger: Well, they have to, and they can't build unless they do go by those recommendations. Mrs. Eshelby: We won't be able to see any further than the back of our garden. It will shut off everything for those people. There will: be no -privacy of any kind. HOLROY In listening to these arguments for and 2748 East Garvey, against apartments, it�seems to me that t West Covina pretty near all the big cities have apart- ments. I -am not particularly.interested in this area, I don't have a home right there. However, if I did. I don't believe that -I would be against having a nice building built adjacent to it, or in the same neighborhood; maybe right next door, but I -have seen a lot of two-story construction that looks pretty goodtome. 'I have seen a lot of homes that weren't too good; they don't keep their yards up and they have bicycles a . nd tricycles lying around. It also seems to me that every time someone tries to develop something in a city you always have a lot of home owners running down to squawk. A lot of times people squawk a lot and they're not really hurt. I think the people who run an apartment house like.that don't want too many children in the apartment because it isn't good business, and I can't see running these people',bdt"to Anaheim -or some other place and pay taxes. Mayor Mottinger: I would like to give the gentleman .for the proponents a few moments rebuttal. Ce C. 5,-12-58 Page twenty-two' 4F. HEARINGS - continued Mr. Gilbert: If I may, I will make it very brief. The question has been raised about children. I resent the fact that this gentleman is implying we don't want children. I am a father and I have children here in school in West Covina, and I would .be the first to oppose any opposition to children. The fact is that one and two bedroom apartments are designed for adults or teenagers, and this is a matter of business and ha# nothing to do with sentimentality off° children; About parking, we have conformed strictly to the ordin- ance of West Covina which requires one parking space in a closed garage off street in this development. If the city required any more, we would try to conform.__ As far as the comments about shutting off views, I can't comment on that. We're not in a'posi- tion to let land that is so valuable as.this lay idle for someone to enjoy the view.. .Uity Clerk: Mr. Mayor, this petition referred to by our City Engineer has 158 signatures on it and protests the proposal to construct two-story apartment building" on this property, Mayor Mottinger: What is.your recommendation, Mr. Aiassa? Mr, Aiassa: I was going to suggest that the people who are against the rezoning who have mew testimony which the Planning Commission has not.heard; that it might .be referred back to the Planning Commission subject to new testimony, unless the Council feels that they have heard all that.they would like to hear on this matter. Mayor Mottinger: I thought maybe you had additional infor- mat ion o . Mr, Aiassa: Subject to this petition. Mayor Mottinger: We will close the public hearing on the amended Precise Plan No. 109. Cbunci;lman Brown: How large are you figuring on these apart- ments being? Say a one bedroom? Mr. Gilbert: 600 for the one, approximately 750 for the two. Gbunci;lman Brown: You. have 114 units., CbunciImAn; Heath: Is this to scale? Mr; Gilberto This was just drawn on Thursday and the dimensions on each lot are supposed to be drawn to scale. CD C. 5-12=58 Page twenty-three Ar HEARINGS - continued Counc'ilma.n Brown: I think this is completely overbuilding the area, and if this is drawn to scale I come up with roughly -- Heath and I -- 450 feet to a single apartment. I think this is entirely too small to be an adequate apartment, and I think it's completely overdabildfng the area. CounciliAn Heath: I feel 114 apartments in there is too much. They will be crowded in so close. Some of the units are 10 feet apart, five feet off an alley, backed up against garages. I can't see it. Councilma.n,,Pittenger: Mr. Gerschler, are you satisfied these sizes are what they are supposed to be? Mr, Gerschler: They would have to be before the building permits could be issued. It does require 600 feet for one bedroom and 750 feet for two bedroom. I haven't reviewed these plans in detail. These were submitted late today. There again, the planning commission analyzes only the general layout.. Councilman.,. Pittenger: I am inclined to state it's overbuilding, but I would say that about a. lot of zoning that has come in. It's our restrictions. If this man meets the minimum requirement, then we better change our ordinance if we turn down a map like this. I personally would be in favor of doing this. Several times we have had precise plans in here that did meet minimum, which we have passed. I think we want to take a good look, whether we think it's overbuilt or not. It's hardly for us to decide if .he meets the requirements in our ordinance. Councilman°Ba.rnes: Malcolm, weren't all of the buildings back of these two alleys in your Planning Com- mission recommendation supposed to be single story? Mr. Gerschler: The buildings at the southern end of the plan. 49ounailman.. Barnes: Clear up to the alley? Mr. Gerschler: They're shown that way on the revised plan. Councilman Brown: No, they're shown two-story. Mr. Gerschler: The revised recommendation that we read to- -night combined two lots, making three large lots on the east side and leaving the one original lot on the tentative map for single story construction. 0 • C. C. 5-12-58 HEARINGS - continued Mayor Mottinger: Mr, Gerschler: Coundilman ' Ba.rnes : Counc'i'1ifian Heath: are 20 x 25 feet. If Page twenty-four Is this according to the latest recommenda- tion? Yes, These involve some modifications. I was at that Planning Commission meeting, and I thought everything back of the alley. was supposed to be single story. I understood the same thing. While he's looking for that, if this is to scale it looks like the single bedroom apartments this is to scale, 20 x 25 is 450 square feet, Mayor Mottinger:. 500 square feet. The thing that disturbs me particularly about our objection to this plan, along the same line that Mr. Pittinger just expressed: We have certain rules and regulations in our zoning ordinance that we apply that are applicable and yet we don't.like to back them up entirely. In view of the fact that this is the second such application in as many months that we have run into, this is reversing the Planning Commission's recom- mendation -- if -we are to reverse it -- and it may need some study and work With them to find out where our differences really area I hate to take an arbitrary stand. Mr. Williams: You will recall that the ordinance was changed when the ordinance relating to precise plan of designs was adopted. It makes the requirements of the zoning ordinance minimum require- ments, but you.have a right to require more stringent requirements. In other words, more open space, greater air, than the minimum requirements of the zoning,ordinance in approving a precise plane Otherwise, there would be no purpose in a precise plan. This precise plan ordinance permits you -- not, it's true, in any arbi- trary fashion -- there's a, guide.set forth, and the guide is that you consider the best interests of the health and safety and wel- fare of the community. That is the yardstick so that you may re- quire a larger area., more open space. You can't permit any less than the zoning ordinance, Mayor Mottinger: If we're staying so far above the minimum maybe they're wrong, because they're mis- leading to the applicants. Counc .bman Brown: Maybe our minimums are too small in some areas, but whenever R-3 is being put down in a residential area, I think the restric- tions could be much greater and be justified. I would like to male a motion that this beheld until we have a meeting with the Planning Commission on R-3 in general before a decision is rendered, because I can't see anything beyond the alley being Co Go 5-12-58 Page twenty-five 'HEARINGS - continued two-story. I think it's too much for the area. Set back is 15 feet, when right across the street is 25 feet. C , ounciLlman,-Pittenger. I'll second that motion. Mr. Mottinger.-. Made and seconded that this matter be held for a decision until after,'we have a meet- ing with the Planning Commistion. All in favor say aye. Opposed no. It is so ordered, and this matter will be held until.we have a chance to study it. Mr. Moore-. Thank you gentlemen'. This is the third time that this has-been kicked'back. Can't we ask for a chance to'see these revised plans this next time ahead of a meeting? Each times they come in the same night or in the afternoon before-, so that the Planning Commission and everyone gets to see Mayor Mottinger: I believe if you will leave your name with the Secretary of the Planning Commission he will give you notice and you can let the neighbors know about it. ZONE VARIANCE NO. 227 LOCATION: 856 South Sunset Avenue between Co W. Waldrip Roseway Street and Marianna Avenue. Professional office use Zone RA JaPROVED Mr. Alassal It's actually a zone variance, Mayor Mottinger: Mr. Gerschler; you have the recommendation on Zone Variance 227? Mr, Gerschler: I have, Mr. Mayor. Mr. Gerschler then read the recommendation of the Planning Commis- sion, recommending approval after certain conditions are met. Mayor Mottinger:. This is the time and place for public hear- ing on Zone. Variance 227. All those who wish to speak with regard to this matter 'will please stand and be sworn in by the Clerk-. JOHN EASTMAN: I am representing the owner of this property 554 North Nora at his request. As an employee of the Avenue, West Covina school district, we occupied this building for approximately four years as our district administrative offices. The only request to the Council now is for their'consideration of a Possibility of a. five year variance rather than the yearly renewal provisions and, further, that the Council give some consideration for the use of the front part as partial parking for the use of this particular building. The building 1 • • C. C. 5-12-58 HEARINGS - continued Page twenty-six itself is a residence that has been adapted, modified and altered to make it adequate for certain types of professional use, offices and so forth, and he feels it can continue to be used for those purposes. I will be happy to try to answer any questions you might have. Mayor Mottinger: Are there any others who'r'`desire to speak either for or against this application? We'll.declare the public hearing closed. Councilman Heath: Mr. Eastman, does that mean that the front yard of that building would be black - topped? Mr. Eastman: The owner would be happy to do that and provide :proper parking. Councilman Heath: And driveway? Mr. Eastman: Yes. We used it for parking there. There were nine of us attached at that office. C"oundi'lman Pittenger: Is there room behind the building for ade- quate parking? Mr. Eastman: There is some room behind the building. There are some buildings back there, how- ever. There are two garages, one lean-to shed back behind the building. Kind of cuts up that back there. Couuncilma.n.,Pittenger: There's no access to Bruce Street? Mr. Eastman: No, sir. Craunci,lma:m. Pittenger: We're actually acting on the --- Mr. Gers.chler: It was discussed that the parking was not allowed in.the front, and in order to obtain the nec*ssary room in the rear the shed would have to be removed. It was indicated that this could be done. I might have overlooked it. Councilman Pittenger: Are we just acting on the variance of the Planning.Commission? We can't introduce any new things, a new stipulation. Mr. Williams We could introduce new conditions. This is up on appeal and you can grant it subject to different conditions. Co Co 5-12-58 Page twenty-seven HEARINGS - continued Mayor Mottinger: In other words, the applicant is asking._, that permission be granted for five years. I would assume on that it's difficult to get a lease for one year, and that some parking be permitted in front of the house„ Would it be agreeable that there be a certain amount of landseping in addition to parking?In other words, if there was sort of a circular driveway so that the .cars could stop in front, but there would be some landscaping out in front. Mr. Eastman: Yes, sir, There is probably some land- -scaping'immediately behind.the sidewalkt Mayor Mottinger: In other words, if it is going to be a doctor's office there might be two or three or four cars there and that would probably be the extent of it. Councilman Brown: We turned down RP use on this piece a year ago;_and I can't see where the conditions have changed any now from where they were at that time. The school has moved out of it. We have it back now for a variance for some special use, and I'm afraid that's what it's going to be from now on. I would rather grant RP and be done with it if this is what we're going to .do. Councilman Pittenger: We have a little bit different condition here. I think maybe you have a point, but next door we have a non -conforming use which has several years to go. Is that right, Me. Gerschler? Mr, Gerschler: Yes. Councilman -Pittenger: Ultimately, the whole property will have to be dealt with, whether it's R-1 or RP or whatever, and across the street we have a city yard which is non -conforming use 4or the area. I don't know that I go for five years, but I do think we should make it possible for the man to get a lease and use his -property until the non- conforming lease has run -out next door. It doesn't particularly jeopardize a.ny neighbor because on the south there is fZ-nce which is alley -width away, and on the north the lots back up to the non- conforming use property on the north of this particular property', and it goes clear through to the next street, so there are no houses particularly jeopardized by the use. I certainly would rather see it as a variance for an RP use than as a non -conforming use of the north side, Councilman Brown: I wouldn't object to a one-year.variance, but other than that, if the non';oonforming use should change first thing you know you would be granting a variance to the one next to it and eventually you're extending. A variance is only supposed to bring one piece N • • C. C. 5-12-58 HEARINGS - continued Pap twenty-eight of property up.to another one. A variance is not to mean that this gives it a special privilege; it's only to bring one piece of property up to another piece of property which is adjacent, or this piece of property lies in between. Mayor Mottinger: I think I intend to agree with Dole in this case, though. It's an unusual condi- tion. The house is not being changed. In fact, the requirements would be that it would be improved and if it would make it practical for the owner to get a lease, there would be a, review at the end of that period or extension with re- gard to the non -conforming use adjacent to it. There's no use giving it an approval. that isn't practical to use. Counc.ilman.Barnes: I think that probably we should give it at least three years. If he is going to im- prove this property inside and the parking in the front, and all of these things cost money, without at least a three year lease he wouldn't .be getting his money or value back on the property. I don't think you can lease anything for less than three years and make anything. Councilman Brown: I am asking Malcolm again, was it not the recommendation that no physical changes be made? Mr. Gerschler: That the building not be increased or enlarged. Councilman.Barnes: Outside. Mayor Mottinger: It has to be refinished. Cdunci'lman Brown: Well, we turned down zoning in that general area some time ago. I think we're opening the door to the same party coming back and asking again. I think you have to establish a policy. If you give it to one, you have to give it to the other. . Mayor Mottinger: -I think the previous application was for this entire area. CounciL,man Brown. This one was denied and another piece right across from the city yard was denied. Mayor Mottinger: That was C zone. Councilman Brown: INo, it was R-3o Mayor Mottinger: At the present time it's just for the use of the existing residence. C. C. 5-12-58 4 F HEARINGS - continued Page twenty-nine Motion by Councilman Pittenger, seconded by Councilman Barnes that Zone Variance No. 227 be approved for a -three year term, subject to review; that parking be permitted in the front with circular type driveway and proper landscaping; All.other provi- sions required by the Planning Commission to be included. Mayor M®ttinger: All in favor say aye. Councilman Brown . opposed.' Motion is passed. UNCLASSIFIED USE LOCATION: North'side.of Malley Boulevard PERMIT NO, 25 between Center Street and Camino De Teodoro. Henry H. Wheeler,_: Jr. APPROVED Mr. Aiassa.: This annexation 158. We haven't had our second reading, so we could do it legally. That's subject to Council's action first. We haven't had the second reading on that ordinance. Of course, mamy times they will run the two together, the annexation and .rezone change, if the Council so desires. It will expedite time if they do it. • Mr. Williams: If this is -approved, it will have to be approved effective contingent on annexa- tion. This would be granted by resolution and the annexation, if approved:by ordinance, it wouldn't be effective until thirty days later, so that this will be on condi- tion that the annexation carries. Mayor Mottinger:. In other words, it's,just interim zoning. Mr, Williams-. It's quite similar in that it would be effective only after annexation. May I ask, Harry, is it necessary that we make this use permit at this time? Couldn't this be held over until such time as the second reading of the annexation, until after, I should say. Mr. Williams Yes. Mayor Mottinger:. Let's proceed with the hearing and see what we develop. Mr. Gerschler: Planning Commission Resolution No. 591. Mr. Gerschler thereupon read the recommendations,and conditions of the Planning Commission. Mayor Mottinger: This is the time and place for public hear- ing on Unclassified Use Permit No. 25. All C. C. 5-12-58 Page thirty HEARINGS - continued those desiring to give testimony in this matter please stand and be sworn in by the City Clerk. FRANCIS J. GARVEY I am an attorney and I represent Mr. 700 Orangewood Dr., Wheeler, the applicant in this matter. I Covina think Mr. derschler's report sets forth the pertinent facts and I would like to add only one or two more. There is another property covered here, approximately 241 acres. Now, there were in the area between Pomona, and El Monte during 1957 about 2150 deaths, and a cemetery of this nature can take -care of about 1350 graves per acre, so that it would be a considerable time before it would be necessary to use any part where there might be problems of adjoining lands. There are relatively few cemeteries in this area, and I think this is a growing area, one in which I have heard officials state that it is expected to reach a population close to three -fourths of a million before 1975. We know we have a high birth rate, and with those we must expect death rates. Now, the cemeteries around the area at the present time are, of course, Rose Hills in Whittier, the new Catholic cemetery approximately three or four miles south, Oakdale between Covina and Glendora, which is practically filled, and Live Oak MemorialPark over in Duarte, which is approximately eight and a half to nine miles from the City of West Covina and probably 13 or 14 miles from the subject property. With respect to the 500 feet, at the present time I am not clear as to what is meant. There's a jog in the property, as you can notice and, of course, we have an easterly section here and one there, and I think it should be quite clear in any restrictions where these can apply. As was pointed out in the Planning Commission's re- port, the property is well adapted to this type of use. It's a gently rolling piece of land; it's surrounded by manufacturing on the opposite side of Valley Boulevard. There,is some area of housing along the Walnut side to the east, but this is generally fairly well sheltered by the crest of the hill. If the 500 foot adoption -- or restriction would be adopted at this time, time would judge as to what would happen in there iand it could be taken care of. The use of the property to the north is agricul- tural.. The property in there is dedicated, but not improved, to a proposed County Road, and there are two chicken ranches down in there. We feel we can satisfy, at the time of the development, all of the financial requirements. If you have a perpetual care set up, you do have a trust fund and will also assure adequate financing over a long period of time. `We feel it is desirable for the.City as a matter of long range planning to provide for burial places as well as places for the living, and we feel on this proposed annexation of so much land that it would be well now, long range, to make such a decision and to locate this far from the existing residences, then to designate it so that as the other portions of it develop the purchasers will be on some notice that this has been so zoned so that there will not be the question of trying to adapt land to this use after other develop- ments have come in. If you have -any questions, I should be happy to answer them. C. C. 5-12-58 Page thirty-one HEARINGS - CONTINUED Mayor Mottinger: Are there any others who wish to speak in favor of this application? In -opposition to the application? D. W. STANY I'm in the same condition I was the last 19015 E. Valley hearing. I hardly know what to say in re - Blvd., LaPuente gard to this. Where we are situated there, West Covina is reaching that way, the City of Industry is reaching that way, LaPuente would like to if they could, Walnut is an unsettl6d condition, Where we -are going to land we don't know. Of course, at the present time we are in County territory and we may be part of West Covina some time. I don't know, but that's neither here nor there, but as far as this is concerned, if you're going to give a variance.on the east side of 500 feet, as I understand that's questionable; whether that will be a cemetery or not, if you're going to make 500 foot strips all around it, because there won't be much left for a cemetery and, furthermore, when it comes on the other side there, you con- sider that that's.a,�.strip of ground that's shown on the map there tha , i"s connected with th your present city by a shoestring somethifig a little over 200 feet wide. I just don't see the propriety of sticking a cemetery in other territory where it's only connected with your city territory by a strip 210 feet, or some such amount, • wide. If the whole area was in the City of West Covina that would be a different thing entirely, but at the present time it looks like ­a chance. Your man here already said your annexation is not complete. We don't know whether for certain it's going to -be part of West Covina. Looks to me like it should be the thing to post- pone it for a while, at least until we know it's going to be a part of West Covina or not, Mayor Mottinger: Mr. Stany, where is your property located? Mr. Stany: Along Center Street there.. Mayor Mottinger: To the west of this property? Mr. Stany: Yes, to LaPuente Road, north to LaPuente Road, except what borders on Valley, what they refer to as a chicken ranch. Mayor Mottinger: Do you wish to make any rebuttal, Mr. Garvey? Mr. Garvey: No, sir. I believe the committee has all the facts. Mayor Mottinger: Public hearing closed. O Councilmampittenger: Could I direct the question to the City Attorney., This perpetual care cemetery, do they actually put up funds to guarantee perpetual care, and do they do it only as they develop it? C. C. 5-12-58 Page thirty-two HEARINGS continued Mr. Williams: I don't know the exact mechanics. Maybe Mr. Garvey could explain better than I. The matter is regulated by State law and the.Sta,te requires some sort of.,security. Now, whether they have to , provide for the eventual perpetual care of the entire acreage or whether they are allowed to use only some portion and guarantee the perpetual care of that, I can't answer. Mrs. Van Dame: From experience, which.I have my lot and grave and what for, you pay $50.00 for the whole thing. So I suppose it's the same thing at other cemeteries. .'Councilman Pittenger: Welly I'm sure they have to underwrite it before they sell the lots., Mrs. Van Dame: Well,, I bought the lot. Councilman Pittenger: You would be the ultimate purchaser. Does the cemetery assocation have to guarantee that if the y1re going to set up a perpetual * care on 10 acres, do they have to guarantee that will be carried through in four or five acres and leave the rest go? Mrs. Van Dame- I know we bought a lot and, that was $50.00 for perpetual care. Counc1,1man Brown: Malcolm, the 500 easterly fee, I assume, starts.at Valley Boulevard running north .on the easterly side. Mr. Gerschler: Yes. Our proposal was to have it go clear through LaPuente Road, on Section 159, just below LaPuente Road, there is an existing dedicated street and in our opinion thereshouldbe a connection between that street and the street here.' If that connection were made youwouldhave to go around the hill and would jut three or four hundred feet into the subject property, and we feel that should be precise before the zoning permit would be granted. Mayor Motiinger: 500 feet wide? Mr. Gerschler: Yes. 500 feet was arbitrary, of course. Councilman -Barnes: You didn't have any idea as to'what the street alignment would be? Mr. Gerschler- We made no block study. It probably would be more than sufficient. Cbu.ndklmain Brown: You just want to get around, the hill with the road? 1 • C. C. 5-12-58 HEARINGS - continued Mr. Gerschler: Page thirty-three It would be our intention when this was precise, the line would be redrawn and adjusted accordingly, Mayor Mottinger: I think the whole problem involved is the. matter of letting those people know, with whom we may have to deal on further annexa- tion, what kind of zoning they could expect, because actually they couldn't use the zone we did -grant here until the annexation is complete._ Councilman Heath: This would give them notice that they would have the cemetery if this annexation goes through. Mayor Mottinger: That is the point. At the same time, there will be future annexations and property owners, before they would want to say yes or no, whether they would want to object to an annexa- tion, would like to know what the eventual use of the property would be and, of course, a.good.share of.the land in this Valley has been set up on the maps of the Regional. Planning Commissioner as an industrial area. Of course, at the same time I want to re- mind any who might be interested, we have changed our zoning laws so that property that is brought into the City through annexation does not change in its zone condition from what it might be.in the County. In other words, if it's any particular zone in the County, it would come into the City with exactly the same zone so that there would be no change in assessed valuation. C'ouncil.man Heath: Right now it's agricultural. If this annexation goes through, that territory would come into the City as agricultural and then, after a period of time, it would be given an unclassi- fied use permit. Mayor Mottinger:., Well, this use permit would become active at the conclusion of the annexation. Mr. Williams: Isn't this the same property that was sub- ject to an interim zoning ordinance so that it would come in as M-l? Councilman Pittenger: But only that portion which they decided to develop at this time would be unclassi- fied use for a cemetery, and they could return the rest of it to M-1, Mr, Williams: They wouldn't be obligated to use it? Councilman Pittenger: They could use a portion of it for a cemetery. C.C. 5-12-58 Page thirty-four. HEARINGS — continued Mr. Williams: All or any part. Mr. Gerschler: It would require a submission of a precise plan for whatever use they made. Mayor Mottinger: This would be just a permit, but would not be effective without the approval of a, precise plan. Motion by Councilman Brown, seconded by Councilman Heath, and carried that the permit be granted subject to Planning Commission recommendations and the completion of the annexation. ZONE VARIANCE LOCATION: West side of Irwindale Avenue, NO. 118 and PRECISE between Puente Avenue and Badillo Street PLAN OF DESIGN (.James L. & Mary E. Allen and Albert J. & NO. 127 Opal M. Snell HEARING CLOSED, City Clerk: I have a letter from James L. and Mary E. Allen and Albert J. and Opal M. Snell. This letter is dated May 9th delivered today to our office and directed to the City Council, which is a request for the withdrawal of their letter of appeal. Mayor Mottinger: You have heard the applicant request that this matter be withdrawn. However, we have opened it for public hearing. I don't think it is necessary, but it will give any who wish to speak in this matter an opportunity .to speak with regard to it. HERB TICE Is there any particular number of times Irwindale this particular petition can come up before the Planning Commission or the City Council? Mayor Mottinger Y'm afraid as long as the owners own the property they can continue to request some - use of that property. Mr. Tice: I am opposed to that because of the fact that we do have a shopping center, or a market that is being built on Irwindale and San Bernardino and since then Puente is opened up to Orange. Mayor Mottinger: If there is a new application the people in the area will be so notified. Mr. Brown s?ugts it would have to go clear back through the Planning Commission and then to the City Council so that they have to start over now that they have withdrawn it. Hearing is closed on this matter. 1 C. C. 5-12-58 PARKS AND RECREATION Page thirty-five Mr. Aiassa„ We have two items. No. 1, we have some estimates on the palm tree problem. We have 36 palms and we have got some informal bids. Mr. Gingrich got them. One price was $9.75 and one was $9.00 per tree, and they will skin them, and it would be our job to remove the remains if it was on the ground. It will run about $340.00 and that will relieve us at the present time of the basic headache we have on some of those palms; not all the palm trees, but these are the bad ones that we've had a lot of complaints and written communications on, and we do have an appropriation in the Parks and Recreation budget we can use for this purpose. I would like to have authorization from the Council to go ahead and take care of the 36 and get them off our hands. Maybe next year we can develop a definite tree program on the parkway. Mr. Aiassa: It will be coming from capital outlay money. Motion by Councilman Brown, seconded by Councilman Barnes that the City Manager be instructed to proceed on cleaning up the palm trees. Motion passed on roll call as follows: Ayes: Councilmen Brown, Barnes, Pittenger, Heath, Mayor Mottinger Noes: None Absent: None Councilman Pittenger: How often does this have to be done? Mr. Aiassa: Approximately every two or three years.. Some of them are way down, but I"think if we keep these dressed up this won't happen. They go to a certain length and then drop down like a sleeve. A man can get hurt very bad. We don't have an aerial ladder and we don't have the equipment to get up that high. We have one more item along with this. Mr. Aiassa: Mr. Gingrich has been able to make contact with a private party in West Covina that is willing to remove all our dead walnut trees for the wood. He will take the trees out and bring everything back to a clean condition. All he wants is the wood value from the trees. I think that's an economical way. The only stipulation is, only dead ones. Councilman Heath: Mr. Aiassa: Councilman Pittenger.: Mr. Aiassa: lie will remove the stump? He will fill in the holes. Is this an.ethical operator, or might, he make some of them come up dead first. I recommend it if we c 4n work it out. C. C. 5Al2-58 Page Thirty-six PARKS AND RECREATION - continued Motion by Councilman Pittenger, seconded by Councilman Heath, and carried that party contacted by Mr -Gingrich be permitted to remove all dead walnut trees for the wood. WRITTEN COMMUNICATIONS City Clerk: This is a communication from the American Legion Post 190 to declare and proclaim 'May 23rd and 24th Poppy Day in West Covina. We had one from the 3',,F.W._ and we did so proclaim it. PLANNING COMMISSION TENTATIVE MAP OF LOCATION„ South side of Merced Avenue, TRACT NO. 20714 between Willow and Garvey Avenues Mr. Aiassa: He has prepared a map for all of these and I think, if it is acceptable, we will just let you review where these tentative maps are being posted, so it gives the area and city where it is being considered. I think that will expedite it a little bit. • Mayor Mottinger: Items according to the agenda,numbers? Mr. Aiassa: Yes, 33 to 38. Councilman Heath: .I think this is.a good idea. Mayor Mottinger: Is there any engineering data? Mr. Aiassa: I think these.are all tentative maps. They ,all go to the City Engineer's Office anyway. Councilman Brown: Well, this particular map is the one we just discussed, the R-3 on. Item 32. Mr. Aiassa: .34 is the one on the Donson Farms. 35 is Gale View. Councilman Brown: What you're saying is that we'll only be pre- sented with the final maps. The City Engineer will review all the final maps and we'll bring up all our basic requirements at that time. You have to put your restrictions on the tentative map. Mr. Aiassa: The Planning Commission has reviewed the tentative maps. Mr. Pontow: We have reviewed the tentative maps and made recommendations. 1 • Co C. 5-12-58 PLANNING COMMISSION - continued Page Thirty-seven Mr. Aiassa: Your basics are pretty well established on your tentative. Mr. Williams: For instance, you can't require the im- provement on an adjacent street as part of a subdivision improvement, but you -can require it as.an addition to the tentative map. All the sub- division maps allow is the street being dedicated, but on a tenta- tive map you can say, "We will only approve this if you agree". Councilman Brown: I think Item 32 should be held, Mr,Williams:' If you don't act in 10 days it's approved, remember. You have to get their consent. About the only action you could take is to hold it on condition that they consent' to it being held and if they don't you disapprove. Mayor Mottinger: If it's being held on approval -of a Precise Plan? C'oundilman Brown: They drew a map to conform to the Precise Plan. Mr. Williams: You've held the precise plan. Cbu.n klman Brown: -This could be denied. Mr, Aiassa: You would be safer to deny it. C.bund 1-man Brown: I move we hold it subject to the approval of the applicants, in which case if they do not give the approval that we deny it. Councilma.n:Pttenger: Our objection to this wasn't the street; it was the _number of the apartments and the use of two story apartments behind the alley. Glemind't1man Brown: But if you approve this, you're saying here that it is all right. unctil,mznr : Barnes: I have a question on this Map 20714. You show 3.14 acres, 11 lots, and on the re- vised plan you show only seven lots,, 90 I don't think this would conform to the revised plan anyway. Coundil;man Brown: Yes, this conforms Mr, Williams: I think the motion probably is correct. The State Sub -division Section says that the advisory agency shall make its report to the governing body, which body shall act upon the report C� • C.`,C. 5-12-58 Page Thirty-eight PLANNING COMMISSION - continued within ten days or at its next regular meeting after receipt of the report. If no action is taken within these time limits the tentative map is deemed approved, and it shall be the duty of the clerk to certify the approval. The time limits may be extended by mutual consent of the sub -divider, governing body or advisory agency. So Mr. Brown's motion, as I understand it, is correct. That action on this tentative map shall be contingent until action is taken on the precise plan governing the same area, provided that wihin -- provided that wihin ten days from today -- Councilman Brown: This is the first time. Mr. Williams: Within ten days, and if the applicant does not so consent in writing within ten days, that this tentative map shall be denied and rejected. Councilman Pittenger: I'll second that motion. Mr. Gerschler: This was brought to the Commission on the 28th. I:t was held over from the 28th at the request of the applicant. The Council took no action and did not consider it on the basis -- Councilman Brown: But he revised the map in the meantime? Mr. Williams: This is the first time this particular map has been presented? Councilman Brown: It was changed from 11 to 7 lots. Mayor Mottinger: You have heard the motion. All in favor say aye. So ordered. Mayor Mottinger then left the meeting and Mayor Pro Tem Pittenger took charge of the Council meeting. TENTATIVE MAP OF LOCATION: North side of Lark Ellen Avenue, TRACT NO. 24035 hotth of Puente Ave. (Mary G. Hillsten) (Revised) APPROVED Mr. Gerschler: There's a 12-foot strip along the easterly side of the property which was lost through a. lot of years, and a title company is not able to issue title insurance. We refer to them as no man's land. Eventually it will be either given up as tax land or there will be some solution found. The Commission feels the property owner should be allowed to proceed with the development. The lot line is moved over in red. Councilman Brown: This has been kicking around here for almost a year now. t 0 C. C. 5-12-58 PLANNING COMMISSION continued Mr. Gerschler: Correct. Councilman Brown: I move for adoption. Councilman Heath: Second it. Page Thirty-nine Mayor ProTem Pittenger: So ordered. TENTATIVE MAP OF LOCATION: North side of Vine Avenue, TRACT NO. 16875 west of Pima Avenue (Donson Farms) (Revised) APPROVED Mr. Aiassa: This has a new right of way for a city street. I would like to have the City Engineer comment. on that. Mr. Gerschler: The Planning Commission recommends approv- al subject to the following conditions. Mr. Gerschler then read the.recommendation and conditions of the Planning Commission. Motion by Councilman Brown, seconded by Councilman Barnes, and carried, for the adoption of Tract No. 16875, subject to all the conditions. TENTATIVE MAP OF LOCATION: West side.of Nora Street, be - TRACT NO. 21443 tween Rowland and Workman Avenues (Gale APPROVED View Estates) Mr. Gerschler: This is the property on'the west side of the Del Norte School site. The City asked that Nora. Avenue be continued from Rowland to Del Norte. The street is in and,the improvements are in except for street lights. Mr. Gerschler then read the rest of the recommendations and conditions.' Mr. Gerschler: Lots 1 and 2 are sub -standard in depth but they are sufficient in area. Mr. Pontow: The Council should make note of the note that .is written in on Nora Avenue. Mr..Gerschler- Being offered for dedication by the West Covina School District. Mr, Aiassa-. Have the school Authorities been notified? Mr. Gerschler: Yes'. r CJ • C. C. 5-12-58 Page Forty PLANNING COMMISSION"- continued Motion by Councilman Barnes, seconded by Councilman Brown and carried that Tentative map of Tract No. 21443 be accepted, subject to the recommendation of the Planning Department and City Engineer, TENTATIVE MAP OF LOCATION: North side of Franc.isquito TRACT NO. 21566 between Conlon and Sunset Avenues (Don APPROVED Wilson) :"Mr. Gerschler: Planning Commission recommends approval subject to the following conditions. Mr. Gerschler read the conditions of the Planning Commission. Motion by Councilman Brown, seconded by Councilman Barnes and carried for the adoption of tentative map No. 21566 subject to the recommendation of the City Engineer .and Planning Department. Mr. Gerschler: Sidewalks are-required'on'all those streets. Mr. Mayor, there is some question as to the. requirement for dediction to access rights on the maps We would like to make the suggestion -- Mr. Ai,assa: There are four lots involved. I think those should be in the motion accepted by the Council,. Mr. Gerschler: --One,�ninety-six, twenty-six and thirty- six, abandon access rights to public streets, Sunset and Francisquito respec- tively. Councilman Brown: So moved, to be added to the motion.. Councilman --Barnes: Seconded. Mayor ProTem Pittenger: So ordered. METES & BOUNDS SUB- LOCATION: On the north side of Rowland, DIVISION NO. 135-146 between Irwindale and Vincent Avenues. APPROVED (Walter R. Starbuck) Mr. Gerschler then read the recommendation of the Planning Com- mission. He also read the accompanying conditions. Mr. Pontow: Are you going to require sidewalks?, Mr. Gerschler: Yes. Councilman Brown: Are there any other er sidewalks in this immediate. area?. Mr. Pontow: I don't believe'Rowland is on the master plan. a t C. C. 5-12-58 Page Forty-one PLANNING COMMISSION continued Mr. Gerschler: There are no sidewalks between1cith and the next street to the east, which is Hartley.. Councilman Brown: Quite a distance, isn't it? Mr. Gerschler: Three or four huOdred feet. Councilman Brown: I move that the tentative map be accepted :subject to the recommendation of the Planning Department and the City Engineer other than the sidewalks. If the sidewalks are not completed within three years the bond will be returned. METES & BOUNDS SUB- LOCATION: on the south side of Los DIVISION NO. 135-148 Cerillos,Drive, east of LaSerena Drive.',,. APPROVED, (Myers.Bros.C,onstruction Co.) Mr. Gerschler then read the recommendations of the Planning Commission, as well as -the conditions. • Mr. Gerschler: pose of the other one is lot it is serving. This previous occasions. Mayor ProTem Pittenger: Mr.­Gerschler: Mr. Pontow,.� Councilman Brown: • The Planning Commission recommends approval subject to the condition that sanitary sewers be provided. The pur- to allow the private road to be on the is a situation we have recommended in What is this 's,lope,easement? Is that a pretty steep slope!' Yes, sir. Any time it gives us trouble we can go in there and maintain it. Move. that be approved subject to the recommendation of the Planning Depart- ment and the City -Engineer. Counc-ilman.-,Barnes. Seconded, Mayor ProTem Pittenger: We have a motion and second. All in . . favor say aye. So ordered. C. C. 5-1.2-58 Page Forty-two PLANNING COMMISSION continued RESOLUTION NO. 1361 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF"WEST"'COVINA REQUESTING THE U. S. ARMY CORPS OF'ENGINEERS TO INCLUDE THE Regarding Planning LOWERING OF THE GLENDORA AND VINCENT.AVENUE Commission Resolution BRIDGES IN CONJUNCTION WITH THE FORTHCOMING No. 593, WALNUT CREEK WASH PROJECT TO PERMIT THE, Walnut Creek Project COMPLETION OF CERTAIN INTERSECTING -!SECOND- ARY HIGHWAYS. Mayor ProTem Pittenger: Hearing no objections, we will waive further reading of the body of the Reso- lution. Councilman Brown: This was held up to be sure that the wording was correct. When this was first presented to the Countil it was worded in such a manner that this was what we demanded, and we wanted to be very sure.. We instructed Harold, when he was acting City Manager,-, to be very careful of the wording not to jeopardize any funds. Mr. Williams: it's quite short.. (The Resolution was read in its entirety.) Motion by Councilman Brown, seconded by Councilman Heath, that Resolution No.1361 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Heath, Mayor -pro Teri Pittenger Noes: None Absent: Mayor Mottinger ORDINANCE 4572 AN ORDINANCE OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF PUENTE AVENUE WEST OF AZUSA AVENUE. (City initiated) Second reading) Mayor ProTem Pittenger.* Isn't this some property that's already been subdivided? Mr. Williams: Yes. Mayor ProTem Pittenger Hearing no objection, we will waive fur- ther reading. Motion by Councilman Brown,, * seconded'by Councilman Barnes, that Ordinance #572 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Heath, Mayor Pro Temi Pittenger Noes: None Absent: Mayor Mottinger LN, • • C. C. 5-12-58 PLANNING COMMISSION - continued AMENDMENT TO ORDINANCE #556 Mr. Williams: Councilman Brown: Councilman Heath: Councilman Brown: Mayor ProTem Pittenger: Page Forty-three AN ORDINANCE OIF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING ORDINANCE NO, 556 RELATING TO THE PERSONNEL SYSTEM (Second reading) This, you will recall, provides that the recommendation of the Personnel Board shall be binding. We arrived at no conclusion. I think it should be held over for further study in our next meeting for study.. I move it be held over. Seconded. That will be a.further study session. Mr. Williams: There's another matter on a zoning matter you heard last time. An ordinance of the rezoning for the property located at the southeast corner of Westcove Place and Glendora Avenue, William W. Lovett, rezoned RP. .Mayor ProTem Pittenger: Waive further reading. May I have a motion to enter a first reading. Councilman Brown: So moved. CoundilmAn Heath: Seconded, Mayor ProTem Pittenger: We have been given the first reading of this ordinance. AMENDMENT TO PERSONNEL Regarding gesolution No. 1277, we have a ORDINANCE Mr.Williams- change relating to the position of battalion chief. This changes the words "Assistant Fire Chief" as now contained in that resolution. Mr. Aiassa: Reviewing the overall master plan of the Fire Department personnel, it was the consensus of opinion, both of the Fire Chief and myself that it is better to create the position of Battalion Chief in lieu of Assistant Fire Chief because of the different types of responsibility that the Battalion Chief would have. I feel if you create the position of Assistant Chief, it is created with the idea that man will be chief some day. I said to the Fire Chief, "Is that the man you would like to be your successor?'', and there were certain reservations. If the man shows his ability as Battalion Chief, then in the near future we will post the classification as Assistant Chief. C. C. 5-12-58 Page Forty-four RESOLUTION NO. 1362 "A RESOLUTION ADOPTING CLASS SPECIFICA- ADOPTED TION OF BATTALION CHIEF Motion by Councilman Brown, seconded by.Councilman Heath, that Resolution No.'1362 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Heath, Mayor Pro Tem Pittenger Noes: None Absent: Mayor Mottinger RESOLUTION NO. 1363 "A RESOLUTION AUTHORIZING MR. AIASSA ADOPTED AND ASSISTANT DIRECTOR OF CIVIL DEFENSE TO SIGN FOR AND ACCEPT SURPLUS PROPERTY." Mr, Williams, Resolution suggested by somebody in Civil Defense that Mr. Petrie's name be removed from certain authorizations and Mr. Aiassals substituted. This is a resolution authorizing George Aiassa, Director of Civil Defense, and Pinkney Randal, Jr., assistant, to accept certain surplus property in accordance with Ahe Civil Defense Administration's offer. Motion by Councilman Brown, seconded by Councilman Heath, that Resolution No.,1363 be adopted.' Motion passed on roll call as follows: Ayes: Councilmen Barnes, Brown, Heath, Mayor Pro Tem Pittenger Noes: None Absent: Mayor Mottinger CITY ATTORNEY Mr. Williams: There are a couple of matters relating to litigation that require some brief action. A matter that Guy Corning started, by George Hokum and William Jensen.in the Lutheran Evangelical Synod relating to some kind of zoning variance. The Council indicates that it wished me to take this up where Mr. Corning had left off. This requires a substitution of attorney. Mr. Flotten has to see that the Council adopted a motion substi- tuting the attorney. Councilman Brown- So moved. C,0un&ilmin,Heath: Seconded, Mr, Williams: The other item is a matter of a claim presented against the City by W. T. Harrison who, I think, is the Manager of the California Bank, in which he alleges more or less that the City built a dike across Qrange-Avenue where it's supposed to go into the Walnut Creek Wash, and diverted it in such a way that it filled up his swimming pool.with mud and uprooted shrubs, all 6o his annoyance and damage to the sum of two hundred and t 0 r� C. C. 5-12-58 CITY ATTORNEY - continued Page Fdvty-five some dollars. If you will refer it to the City's insurance carrier they will attempt to make a settlement. Councilman Brown. So moved. 0oundlMhn Heath:. Seconded, CITY MANAGER REPORTS Mr. Aiassa: I want to apologize to the Council, not giving you a written agenda, but next time you will have one. First item is the delayed business that was postponed at the last meeting, a letter from Francis J. Garvey. This matter was reviewed both with the Planning Commission and the City Attorney, and I would like to read a quick resume of the City Attorney's opinion. Mrs Aiassa then read the resume concerning modification of Precise Plan 17. Mr, Aiassa: I advised the Planning Commission that certain amendments could be made without notice in hearing. I should have spelled out in detail the instances where changes can be made without notice of hearing. We are recommending -that this case -- that modi- fication of Precise Plan 17 be referred back to the Planning Com- mission for reconsideration. doundilman Barnes: Councilman Brown: Mayor ProTem Pittenger: ,Councilman Brown: So moved. Seconded. So ordered. Let's expedite this. Mr. Aiassa: Mr. Garvey stated to me that the two parties are trying to amend both Precise Plans and wash out all this problem. The next item, we have a, notice from the County Boundary Commis- sion proposin ! g annexation of District 1,61 to the City of West Covina. Mr. Aiassa then read the report concerning this item. Mayor ProTem Pittenger: Goun&i.1maa-,Barnes: Mr. Williams: Describe that for me. That's the one with the house on the hill. You'll need a resolution for your next meeting initiating this. N, Co Co 5-12-58 CITY MANAGER REPORTS — continued Page Forty-six City Clerk: In talking to Mr. Mottinger, he indicated he thought the Council should have a little conference with the dwners down there. What he had in mind, I don't know. Mr. Aiassa. Do you have any comments on that zoning? Mr. Gerschler: Only that it's suggested a zoning that might be forthcoming. The Planning Commission recommending R-1 Area. District 4. Mayor ProTem Pittenger: Can we put that on the agenda for the study session next Monday night? In the meantime we can see what Mr. Mottinger had in mind. Mr. Williams: Is this what is known as the Cameron .property? Mr. Gerschler: Tha.t's a portion of it. Mr. Aia.ssa: In this notice from the.County Boundary Commission, "This will notify you that the City of Industry has filed a propo- sale for annexation known as Annexation No. 22 filed April 24, 1958. Enclosed is a. photostatic copy of description to be annexed." I thought,we would remind the Council of this if there is any interest. Harold Johnson has given me one item that the Council might like to consider. It's called the Badillo-Orange Avenue problem. Due to the delay of the financing of the cooperative plan, I recommend that the City Council recommend that the resurfacing of Orange Avenue as contemplated in the budget be held over, and further investigation of the removal of the Badillo and Orange Avenue problem be made. Councilman.. -Barnes: I would like to hold this over for study myself. I'll make that a motion, that we hold memo from the Director of Public Works until next Monday night at our study session. That is the Badillo-Orange Avenue problem. C"ound l'min Heath: Second ebunft,-lman Brown: Do you think you can have all the facts so that we can make a decision Monday night? 0 • C. C. 5-12-58 Page Forty-seven CITY MANAGER REPORTS - continued Mr. Aiassa: I think Mayor Pro Tem Pittenger is now working with the City of Baldwin Park. Councilman Brown. As -far as.I'm concerned, I think it's a wash up, but what I want to know is will we have the legal facts so we can act.. Mr. Williams: Well., I talked to Warren Ferguson today. At your last meeting you indicated you wanted some legal indication. It was at this meeting, as I understand it, that the party that flatly re- fused to cooperate wasn't Baldwin Park, but Covina. Baldwin Park, it's true, has not put a definite figure in your hands, but it is willing to grant what is essential, and that is permission to. cross it. In addition, they're willing to pay whatever they can afford out of their budget. Cutting the burn won't hurt Covina. If you do that you raise the water on the one who agrees to cooperate and you don't on the one who won't cooperate. What can' you force Covina to do? Nothing. The upper land on a water course has the right over the lower. The lower one is the serv- ing tenants There's getting to be a divergence from straight legal concepts for that when it comes to floating bond issues. But assume, though, the upper owners have the right to flow. He only has that right when it flows from a natural source, and with the development and urbanization of the territory the flow is changed. Therefore, in the concept of the Flood Control District and it's growing to be a concept rather generally accepted -- there is a sufficient burden on -the up stream owner that he can be charged a proper charge in assessment proceedings. So if it went to a proceeding, and it was carried out, Covina could -- legitimately they would be assessed a legal portion. However,. short of an assessment proceeding, I.,don't think there's anything cooercive we can do to make them do anything, Councilman -Brown: What if they have changed the natural drain on the contour of the land to such a point where they diverted the water to where it goes back to the -San Dimas now? Mr. Williams: They can probably be enjoined from doing that. How -long has that been going on? Has that been five years ago? C'a-une `lftan Brown: There's been some since then. This is where we were trying to impress on them that they had some responsibility for the water down below. They were allowing subdivisions to be de- veloped in such a manner that they changed the water course. Couno'ilm n . Heath : Where else would thei water have gone? Co Co 5-12-58 Page Forty-eight CITY MANAGER REPORTS - continued Councilman Brown- It could flow clear on down Barranca. Citrus and Azusa could pick up a lot of water that's now diverted into the wash, Mr. Williams.. Covina was acting in a governmental function. You would have to go to the sub -divider. tru4p,the City approved, but they are exempt from liability. I don't think there's any- thing short of voluntary agreement that will enable you to get one cent. With this exception, thatifthis project can go through, it's within theCounty Flood Control District, in case the bond issue goes through. If it does, the County could allo--: cate a greater portion against Covina's share,, out of that bond issue, because the County controls that allocation. Cbuneilman Brown: You want to make a report next Monday night? Covina and Baldwin Park have both withdrawn what they first submitted for this drain, to where the last I knew it could not be devel- oped with the money they were allocating out of their bond issue. Mr. Williams.. Well, I'think it was a situation where with these lesser standards it could be developed with the money the County was :willing to put in, Councilman Brown: I'm talking about a permanent solution. They have withdrawn money which they first said they were going to put in, I realize the County can say, "You are going to put this money in". I think it's 150 some thousands short, Mr. Williams: I think with the amount of effort that's gone into this thing that it's*essen- tial now that you wait until a supervisor is elected for the first district. I am convinced that the Governor will appoint whoever receives the election in the June primary. Try to work with him and see what you can do. Cutting the burn and doing it all at your own expense isn't going to solve the problem. I don't think this is.a time to take a desperate measure. �:.Mayor ProTem Pittenger*. All in favor aye. So ordered. Mr. Aiassa,z I would like to be designated as City Representative on the negotiation of the proposed piece of land for that master improvement plan we suggested some time ago. We have a meeting with the property owners scheduled tomorrow afternoon. I would like to have some identity with the Council so that when I talk to the people they will know I have some sort of represen, tation. 0 C. C. 5-12-58 CITY MANAGER REPORTS - continued t,6unC'_'Ali ah " Barnes, So' moved Coun4:Alkhn Heath: Seclonded. Page Forty-nine Mr. Aiassa: We have one thing that Malcolm and I have been kicking around with the downtown merchant's group.. We have a tentative beautification plan here that will probably end up in a joint venture. Mr. Aiassa: It's tentative, but we would like to have your thinking on it. I thought we could present it to you and then you people could review it and make a recommendation. The Council then looked over a large map presented by Mr. Gerschler and Mr. Aiassa: Mayor ProTem Pittenger: I, think we should know something about the cost and maybe we can talk about this Monday night in the study session. Not only the initial installation, but the maintenance of it. • Mr. Aiassa: We have another idea we would like to kick around. We're going to decorate with those colored stones and then put redwood planter boxes in and put pyracantha in it. Your initial installation is probably a, little more, but there's no mainten- ance. Mr. Gerschler: The merchants would like to take it in degrees. The proposal has been made that the merchants would provide the materials if the city would provide the work. Mr. Aiassa: We don't want to go before the merchants group until the Council has some note of it. We will bring you a cost esti- mate later., C_Ouneklman Brown: We want to be very careful because we're setting a precedent. Mr. Aiassa: Let's get the beautification in at the time the thing is developed and not go into the planning stage after it's all over with. Let's suggest the next time that they have a landscap- :ing program that is approved by.the City. We'll end up with the maintenance, but we'll at least know what's going in. • • C. C. 5-12-58 Page Fifty - CITY MANAGER REPORTS - continued Mr. Aiassa: We have Tom Dosh with us and he has the building reports of the building departments, and so we thought we would indoctrinate him a little tonight. Mr. Dosh: This is our monthly Building Department Report. I won't read the whole thing, but I'll give you a. few figures. Total valuation $415,000.00. I'll file this report with Mr. Flotten. One commercial building. REMINDERS Mayor ProTem Pittenger: Item 42 - Reminder of the League of California Cities. City Clerk:_ I forgot to say what city it is in. It's in the City of Santa Fe Springs at 4000 E. Telegraph Road, Mr. Aiassa: Do we have a roll call who is going? Mayor ProTem Pittenger: I didn't plan to go and I'm the delegate. (To Mr. Aiassa.) I think you.want to go and take Harry along. That would be fine. Mr. Williams: This amendment to the by-laws, how do.you vote? Mayor ProTem Pittenger: Every other month. This is a regular meeting of the Board of Directors. Will you also introduce Mr,.Aiassa.to any State or County people who might have money? Mr. Flotten? City Clerk: I'm all through. COUNCIL REPORTS Councilman Brown: Under CD we kicked it around for dis- cussion.. Dale Ingram, the Mayor of E1 monte, tells me that our City Attorney has drawings up there so we should be well advised. Mr. Aiassa.: I haven't got it in written form for your Council., but it's ready to go. I C. Co 5-12-58 COUNCIL. REPORTS --continued Councilman Brown: CD Director. They have is going to come in to supposed to be in this Cbunciltan Heath: Page Fif ty one What their proposal is for this year should be mailed to the City. It may be in the hands of Pinkney Randal, our arrived at the conclusion that the County this Area D financially. It's all report they have out. When, though? Councilman Brown This year, It's being recommended by the County Manager. As a, matter of fact, they're making a study out of this ,Area D, and under the new proposal our personnel, if called out of the City, will be protected the same as they are with our joint powers agreement with Covina or adjacent cities; so until I get to read this report -- from the latest news, I think maybe they're on the right track and would be willing to stay in one more year, whereas before I was opposed to it. How Dale Ingram found out I was opposed I don't know. He tried to get me to agree all in one evening. Mr, Aiassa,: Colonel Welling came in to see me also, • and brought me up to date on all the other items that have transpired, and John has provided me a financial statement on 1955 to 1958, $5,734.05. Councilman Brown: Incidentally, under this new set-up this Colonel, or whoever, cannot declare an emergency by himself. It has to be this group of mayors.* Under the old set-up the head could imme- diately declare it. That's the only way the County will go along with it. Mr. Aiassa.: I'll try to have this in the mail for the Councilmen. Councilman Barnes: There will be a meeting of the upper San Gabriel Valley Water Board on May 14th. Mr. Pittenger couldn't go that night so Mr. Heath is going in his place. At 7:00 at Eaton's, Santa Anita, and I would also like to make a Board ,keport in the meeting of the 24th with the Ministerial Associa- tion. We didn't have any ministers except Mrs Van Dyck repre- senting the church, but at that time they agreed to survey all the different areas for church sites, possible church sites, I should say, within the area, and try to come to some solution as to what they could possibly get. Now at this time they have a . possibility of acquiring a present church Bite at Merced and Orange where there's a variance. From the Church of Christ. They are not able to develop at this time, and there's a chance that the church may buy this piece of property. They could then C. Co 5-12-58 Page fifty-two COUNCIL REPORTS - continued dispose of the other site on Cameron. They had to wait until the 19th of this month to have a meeting in Los Angeles with their Board of Directors, for this question on this zone variance 224 -- I believe -it's 224 or 227, which is it? Caun6i:rman Brown: 224 0- VunF3;-.I;mari,:Barnes: -- to be held over for another meeting on the 23rd. At that time they would hope -- or they had hoped to have some solution to this problem, and we could have something firm and definite to report to the Council and hope we could go ahead with the variance or another site at our next regular meeting on the 26tho That's all I have to report. All the County representa- tives were there except the three representatives of the church, Mr, Gunn, Reverend Woodman and Reverend Lobhex°,who were out of town. Mayor ProTem Pittenger: I have a couple of things. This Federal storm drain thing -- I was appointed from across the room, but let's make this official. • Motion by Councilman Heath, seconded by Councilman Brown and carried that Mr. Pittenger be appointed as representative from West Covina to serve on the committee to contact the flood con- trol -- L. A. Flood Control and any other agencies necessary to obtain a'solution to the federal drain. Mayor ProTem Pittenger: We discussed some time ago with the Recreation Department the painting of signs on the Little League Ball Park, I had a call from Mrs. Berger who lives behind the Pony League Park, She was very upset. They were painting signs practically in her front yard. She called to my attention last year she per- mitted the Pony League to take their water line across their property. How did we resolve that thing? I thought they said they wouldn't paint the signs. Coounclilman Brown: Mayor ProTem Pittenger: Coouncilmam Brown:. field fence, this is the fence? We gave them permission provided they were removable. Didn't they come back and say they wouldn't paint them on. From her front room all she can see is the same thing she saw last year. Her house is back there. This is the out - diamond. How can she see over the C. CD 5-12-58 Page Fifty-three COUNCIL REPORTS - continued Mayor ProTem Pittenger: If that is what we agreed to do, how do we enforce taking those signs down? uncilma:n Brown: They're removable. Mayor ProTem Pittenger: Not all of them, Councilman:Ba.rnes: Those were built that ways They have holes, and they just pick those up, Councilman Brown: I myself can feel no sympathy. They are trying to sell their property but stay there; still, they want to complain about everything, .They want to exclude this house and they're worrying about sitting in back of a ball diamonds The party who wants to buy it wants the whole works. Mr, Aiassa: Mr, Gingrich came in the middle of it and Valcolm handled it a little bite Mayor ProTem Pittenger: It might be well for us to makea visit and tell them that the Council took the • action, and that's all there is to it, She said they had worked very well with them last year, Mr, Gerschler: I thought the signs were to be confined to the inside of the outfield fence, Councilman Brown: She can see them only from her driveway, not from inside her residence property. Councilman Heath: I have had quite a few comments on weeds within the city. It looks like we're not making progress on having these weeds turned under. The ,.program seems to be pretty slow. Shouldn't we have some other units out churning up these weeds? They're grow- ing faster than we're getting rid of them, Mr, Aiassa: We have to go out and.post the property and give them due notices Mr, Pontow: We have ha.d a. difficult time with weeds this year. It rained for three months when we should have been doing something about its The ground hardened up. The weeds got so high we had to get special discs. The other discs were.laying the weeds down and running over the top of theme C6uncilma,n Heath: Are we making any headway on getting it done? Co C. 5-12-58 Page Fifty-four COUNCIL REPORTS - continued Mr. Aiassa.: We're also working on this chemical con- trol. I haven't gone into it deep .enough,. A lot of these obnoxious weeds you find around parkways. Next year I think we'll just do a weed control with,chemicals and the ones that are large we'll continue discingo Mr. Pontow: Last year was the only year we were able to abate the weed nuisances without com- plaints about high taxes, This year people are letting their lots go in anticipation that the City Will. take care of it for them. Councilman Heath:. That's not helping us, really. Mr, Aiassa: If they get too high you just have to fight them tooth and nail. If we can set one price you can just go ahead, where if you have several different prices -- Owuneilxii,n Heath: I thought it would be. -- in the fact that the lot would be posted, that these • weeds must be taken down by a certain time. If he doesn't, the City equipment goes in and does it. The tariff must be high enough so that next time he'll get something and do it sooner. He's getting a bargain. The City price is so low that he's going to let it set. Mr. Aiassa: We found out that we finally got a price that would cover all our expenses and the depreciation of the equipment. It was better for the City to do it because if you have a private guy do it you have to go back and inspect it and usually it's not done right. Then the guy comes back and says, "What are you complain- ing about, we did it". Especially, when you have to do it twice, then they're really hostile. Councilt n Heath: I don't think the City should go into the wholesale weed removal. Mr. Aiassa: In the cities where they don't ban burn- _ing the Fire Department takes the bad ones out. We might get the off shift firemen to make that a special project of their own. Coune !man°Barnes: In that very same situation at my two and a half acres down there, I asked a, commercial man to come in and disc because I told the engineering department I would take care of it. He came in and charged me $30.00 and the job was terrible. He didn't have any weights, or the right kinds of weights. There's really no t • • C. C. 5-12-58 COUNCIL REPORTS - continued Page. Fifty-five good'discing job done. He was going to take it to small claims court, so I paid him with a lot of resentment. It wa.s'very lousy and I'm still not satisfied with it. Councilmam Heath: Well, if that's the only way we can get weed abatement, let's jack the price up and get more equipments I am now speaking to George Aiassa. We took a tour Saturday and one thing that struck me was that we came to some place., or places, where there are abandoned reservoirs which I think should be removed. I think we should start working toward an ordinance for that. Also, I think there is need for some type of ruling,on the elimination of these shacks that used to be used for roadside sale, abandoned chicken coops and the like. They're fire hazards and they certainly don't add to the appearance of the city. Councilman°Barnes: You could add some of these streets that are private streets that we should take over if we possibly could. Cbuncilman.Brown: We should have a joint meeting with the Planning Commission, City Council and Planning Commissioner. Motion by ,Mayor Pro Tem Pittenger, seconded by Councilman Barnes and carried for the approval of demands, $54-,090,52 as listed on the demand sheets Numbers B-43, C-85, C-86 and C-87. This total includes fund transfers of $39,123.73.' Mrs. Van Dame: I think you gentlemen are to be compli- mented on hiring such a fast thinker and a very nice City Manager as you have. He's right on the .ball. Believe me, the employees are going to be well looked after if I'm a judge, and that includes Mr. Flotten, The weeds on the service road belong to the State, so what's going to be done? Mr, Aiassa: We will give them notice. Mrs. Van Dame: These Council meetings, up to now you've had two policemen on the job which .creates kind of a nice atmosphere you know, and so far, the last meeting, they haven't been here, so why? Mayor ProTem Pittenger: I think probably the answer is we have a little rougher looking Council then we did, C. Co 5-12-58 COUNCIL REPORTS - continued Page Fifty-six Mrs. Van Dame: Who is responsible for the coke machine being where it is? I can't go down- stairs and I have to ask someone to go for the coke machines Lots of people didn't,know the coke machine was here. I'd rather have a. coke machine, but at least have it where people can get to it. Mr, Aiassa: They were getting that syrup all over the floor and someone is going to slip and then the City may be sued for a. nice quiet five or ten thousand dollars. Mrs, Van Dame: Can't you put a rubber mat underneath? Is there something wrong with the machine? Mr. Aiassa: No. Sometimes they don't drink all of it and it drips and everything. Mayor ProTem Pittenger: I'm very happy to see them move the machine, because I.didn't like to see it in the lobby of the City Hallo I'm very much in accord with Mr. Aiassa's decision to move it, Mrs. Van Dame: Another thing is this loud speaker. Supposedly it's in the agenda. People in the back row can't hear a thing and I hope you'll do something to put the coke machine where it's more convenient. Mayor Pro Tem Pittenger: We'll guarantee to get you someone to get a coke at recess, but leave it out there. We have a. meeting tomorrow morning at 11:15 and a personnel meeting next Monday night at 7:30 and a, study session after that. There being no further business, the meeting was adjourned at 12:00 Midnight. •