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10-14-1958 - Regular Meeting - Minutes• MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNZA October 14, 1958 The meeting was called to order by Mayor Mottinger at 7:30 P. M. in the West Covina City Hall. The Pledge of Allegiance was led by Councilman Barnes, with the invocation given by the Reverend Konrad Koosman of Christ Lutheran Church. ROLL CALL Present: Mayor Mottinger, Councilmen Heath, Brown, Pittenger, Barnes Others Present: Mr. George Aiassa, City Manager; Mr, Robert Flotten, City Clerk; Mr, Harry C. Williams, City Attorney; Mr, Malcolm Co Gerschler, Planning. Coordinator; Mr. Tom Dosh, Assistant Public Service Director. APPROVAL OF MINUTES • September 15, 1958 - Approved as sumbitted. September 22, 1958 - Approved as submitted. September 29, 1958 - Approved as submitted. CITY CLERK'S REPORTS TIME EXTENSION REQUEST LOCATION: Northeast corner of Azusa and Tentative Map of Tract Vine Avenues. No. 22004 - Albert Handler DENIED Request extension of time to file Final Map, Times expires October 10, 1958. Mr. Flotten presented and read a communication from the applicant's engineer requesting this extension of time. Previous extension had been granted from October 10, 1.957 to October 10, 1958. Mr, Flotten: I am not so sure we haven't established a policy that would only grant such matters as -this an extension of one year and no more. This request would be the second time extension in this particu- lar instance. 60 Also.,, the second item, which is a time extension request in relation to Tract No. 21913, received an extension from 1956 to 1957 and from 1957 to 1958. That was subject to installation, if available, of sewers and sidewalk policy in effect at that time. In relation to Co C. 10-14-58 Page Two TIME EXTENSION REQUEST (Handler) -- continued this item a letter was written by the City Engineer to the applicant, W. Co Billsborough, explaining that no further, extensions could be considered by the City Council. Possibly these matters are affected by legal decisions. Councilman Pittenger: Item 2 on the Agenda, was granted two extensions already? Mr. Flotten., Yes, the map was approved in 1955. On October,, 1956, an extension was granted to October, 1957, and then another year s extension was granted to October 24, 1958. Councilman Brown. I believe our City Attorney told us once that we could not extend these more than once. Mr. Williams read from the "Business and Professions Code" Section 11-554 which, in essence, inUl-catedthat time extension requests on such matters as have been submitted may not be granted (more than once) not exceeding one year by the governing body. • Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that time extension request on Tentative Map of Tract No.22004 be denied, Mayor Mottinger indicated that the applicants of the time request should be advised of the decision and reference made to the Code and Section as indicated by Mr. Williams. TIME EXTENSION REQUEST LOCATION: South side of Merced Avenue Tentative Map of Tract east of Valinda Avenue. No. 21913 W. Co Billsborough Request extension of time to file DENIED Final, Map. Time expires October 24,1958. Motion by Councilman Brown, seconded by Councilman Heath and carried that time extension request on Tentative Map of Tract No. 21.913 be denied since one extension had already been granted. ACCEPT STREET IMPROVEMENTS LOCATION: West side of Irwindale Avenue, AND RELEASE BOND approximately 370 feet north of Garvey Tract No. 12002 Avenue. West Covina Estates APPROVED J'Mr. Flotten-. This bond was actually accepted in 1950. This was the first large subdivision in the City extending from Irwindale Avenue to Nora Avenue and from Del, Norte School, to Garvey Boulevard. All 11 C. C. 10-14-58 Page Three • TRACT NO. 12002 - continued improvements were put in the tract with the,exception of the extension to Garvey known as Yaleton Avenue between Workman Avenue and the Freeway. We would not release the bond until all improvements were in. We tried to contact the Estates people regarding this situation and the bonding company tried to locate them also. A considerable amount of time was spent in that attempt. Application had been made to the Highway Division to connect Yaleton Avenue with the old Garvey Boule- vard. This was denied because the Highway Division was going to build Garvey into a Freeway section, which would 'affect the street design. In the years that have followed there has been no one to help us straighten the matter out and finally the bonding company permitted us to accept proposals for the work to be done on Yaleton. We received four proposals and sent them on to the bonding company who then recommended the Harvey Construction Company, who was the lowest responsible bidder in the amount of $1,286.60. We now have the check of the bonding company in that amount for this work to be done and I believe this will take care of all claims we have against the bonding company. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that street improvements in Tract No. 12002 be accepted and authorization be given for the release of General Casualty Company of Americ4 Bond No. 162574 in the amount of $30,000.00. AWARD OF CONTRACT FOR Motion by Councilman Brown, seconded by WORK ON YALETON AVENUE Councilman Barnes that the award of this Harvey Construction Co. contract go to Harvey Construction APPROVED Company, in the amount of $1,286.60, for improvements on Yaleton Avenue. Motion passed on roll call as follows. - Ayes. Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None ACCEPT STREET IMPROVEMENTS LOCATION: A section of Puente Avenue, Project No. C-68 between a point 50 feet easterly of APPROVED Orange Avenue and the westerly limits of Tract No. 19337. Mr. Flotten.. This is a gas tax project and the contract was awarded to Warren Southwest, Inc. in February, 1,958. Bonds were dated Feb- ruary, 1958. We have budgeted money in the amount of $5,000.00 for this project. We have the Inspector's final report dated May 6, 1,958 and recommend acceptance of the improvements and release of the bond. 0 C. C.. 10-14-58 Page Four 0 PROJECT NO. C-68 - continued Motion by Councilman Pittenger, seconded by Councilman Brown and carried that street improvements in Project C­68 be accepted and authorization be given for the release of Federal Insurance Company Bond No. 9670011 in the amount of $2,836.21. RESOLUTION NO, 1448 The City Clerk presented and read Approving map of assessment A RESOLUTION OF THE CITY COUNCIL OF THE for sewer CITY OF WEST COVINA APPROVING MAP OF A111-56-7 ASSESSMENT DISTRICT FOR THE IMPROVEMENT ADOPTED OF THE THELBORN STREET, TOLAND AVENUE AND OSBORN AVENUE SEWER DISTRICT." Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes. Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1448. •Councilman Brown, I would ask if it is possible for the work on the sewer to be started first on Osborn Avenue. This had been split up into three pieces Ond-then, the piece on Osborn Avehue was held' -up to enable the three pieces to be taken in under, one district. The people on Osborn Avenue have had a great deal of trouble and have been continu- ously Pumping. It has been over two years now since they originally requested sewers. The City Attorney indicated this could be done by specifying in the contract or specifications the order of work to be done and if the contract becomes part of the bid you would have to have it known to the bidder. Motion by Councilman Brown, seconded by Councilman Heath and carried that the specifications (for Sanitary Sewer District A111-56-7) be modified to provide that the sewer trunk line on Osborn Avenue be the first one to be installed. RESOLUTION NO, 1449 (Amended) Adopting improvement plans and profiles, and specifi- cations for sewer District A111-56-7 ADOPTED Mayor Mottinger: The City Clark presented-. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING IMPROVEMENT PLANS AND PROFILES, AND SPECIFICATIONS FOR THE IMPROVEMENT OF THELBORN STREET, TOLAND AVENUE AND OSBORN AVENUE SEWER DISTRICT (AS AMENDED)." Hearing no objections, we will waive further reading of the body of the Reso- lution, LJ 0 C. C. 10-14-58 RESOLUTION NO. 1449 (Amended) - continued Page Five Motion by Councilman Heath, seconded by Councilman Barnes that said Resolution be adopted. Motion passed on roll call as fol,lows-. Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1449, RESOLUTION NO. 1450 Resolution of Intention to initiate proceedings for 1911 Act Improvement and setting date of Protest Hearing A111-56-7 November.10,1958 ADOPTED Mayor Mottinger-. The City Clark presented. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA TO INITIATE PROCEEDINGS FOR THE 1911 ACT IMPROVE- MENT 01' THELSORN STREET, TOLAND AVENUE AND OSBORN AVENUE SEWER DISTRICT."' Set date of Protest Hearing on Novem- ber 10., 1958. Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Barnes that said Resolution be adopted-. Motion passed on roll. call as follows.. Ayes., Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent-. None Said Resolution was given No. 1450. RESOLUTION NO, 1451 The City Clark presented, - Accepting Grant Deed "A RESOLUTION OF THE CITY COUNCIL OF Precise Plan 261) Part III THE CITY OF WEST COVINA ACCEPTING ADOPTED GRANT DEED OF EASEMENT AND RECORDATION THEREOF." (Sylvan Shulman) Mr. Flotten stated that action on this matter had been postponed from the last meeting to enable a check to be made as to any inter- ference with Walnut Creek Parkway and it was found there would be no interference. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. • 0 Co Co 10-14-58 RESOLUTION NO. 1451 ® continued Page Six Motion by Councilman Barnes, seconded by Councilman Brawn that said Resolution be adopted. Motion passed on rol.l ca4ll, as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes., Mayor Motti nger Noes: None Absent: None Said Resolution was given No. 1451a RESOLUTION NO, 1452 Granting consent for proposed Annexation No to County Sanitation District No. 22 (Cameron Avenue Annex) ADOPTED The City Clerk presented, "A RESOLUTION OF THE C I TY COUNCIL OF 12 THE CITY OF WEST COVINA,, CALIFORNIA, GRANTING ITS CONSENT FOR; THE PROPOSED ANNEXATION NO. 12 TO COUNTY SANITATION DISTRICT NO. 22 OF LOS ANGELES COUNTY (Cameron Avenue Annex)." Mr. Flotten presented and read a communication in relation to this matter from the Los Angeles County Sanitation District. 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: said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilman Heathy Brown, Pittenger, Barnes, Mayor Mottinge,r° Noes: None Absent: None Said Resolution was given No. 145& CITY CLERK'S REPORTS PLANNING COMMISSION METES AND BOUNDS LOCATION: North side of Sunset Hill SUBDIVISION NO. 135-147 Drive, between LaSe.r"ena Drive and Charles Co Hanes Manington Place APPROVED 1.3 Ades - 4 Lots - Area District III Approved by the Planning Commission at their meeting of Octcber l s 1J58 • C. C. 10-14-58 Page Seven METES AND BOUNDS SUBDIVISION NO. 135-147 - dontinued Maps were presented with recommendations as follows. 1) That all conditions specified in Planning Commission Resolution No. 567 be complied with. 2) That all existing buildings be removed or demolished, 3) That the required street improvements include that portion of Sunset Hill Drive contiguous to subject property. Mr. Gerschler stated that about a, year and a, half ago a block study was worked out for this whole area and that this Metes and Bounds Subdivision does meet the requirements of the Block Study. Motion by Councilman Brown._ seconded by Councilman Heath and carried that Metes and Bounds :subdivision No. 135-147 be approved, subject to the recommendations of the Planning Commission and City Engineer, HALLOWEEN BAZAAR To be held on October 31., 1958 at Cortez P.T.A. Cortez School, Rio Verde and Hollenbeck, CONDITIONAL APPROVAL Mr. Flotten stated that proper application had been received and recommends approval subject to proper departmental clearances. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the request of the Cortez Parent-Teacher Association to operate a Halloween Bazaar at Cortez School on October 31, 1958 be approved, subject to necessary departmental heads approval. APPLICATION FROM To be held October 16, 1958. ST. CHRISTOPHER SCHOOL FOR BAZAAR CONDITIONAL APPROVAL Motion by Councilman Heath, seconded by Councilman Brown and carried that the request of St. Christopher School to operate a bazaar on October 16, 1958 be approved, subject to the necessary departmental clearances. SCHEDULED MATTERS BIDS PROJECT NO. C-72 Bid awarded to Boddum Construction .Company, Inc. Street improvements in a section of Francisquito Avenue from Tonopah Avenue to Sunset Avenue. The bids were opened as advertised in the office of the City Clerk at 10 000 A.M. October 14, 1958, and referred to the City Engineer for recommendation to City Council at this meeting. 0 0 t C. C. 10-14-58 PROJECT NO. C-72 - continued Page Eight Mr. Flotten stated that the record should show that the opening of bids had been advertised in the West Covina Tribune on the 2nd and 9th of October, 1958 and in.the Green Sheet October, 3, 1958. The bids were as follows: A-1 CONTRACTORS, INC. BODDUM CONSTRUCTION CO.,, INC. COX BROS. CONSTRUCTION CO. CROWELL & LARSON E. C. CONSTRUCTION CO. HARVEY CONSTRUCTION CO. WARREN SOUTHWEST, INC. 10% Bid Bond $ 7,135.00 $600.00 Certified Check 5,708.10 1.0% Bid Bond 6,423.00 10% Bid.Bond 89151.00 10% Bid Bond 7,374.60 $865.00 Cashier's Check 8,619.14 10% Bid Bond 7,679.40 Recommendation was that bid be awarded to the Boddum Construction Co., Inc. as thelowestresponsible bidder in the amount of $5,708.10. Motion by Councilman Brown, seconded by Councilman Barnes that contract be awarded to Boddum Construction Co.,, Inc. in the amount of $5,708.10, as the lowest responsible bidder on ProJect No. C-72 and all other bids and bid bonds be returned to the unsuccessful bidders. Motion passed on roll call as follows. Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger, Noes: None Absent: None Mr. Aiassa stated that the amount budgeted for this project would -.be short $708.10 and recommended that Council. authorize this amount be taken from the Traffic Safety Fund. Motion by Councilman Brown, seconded by Councilman Pittenger that authorization be given for the amount of $708o10 to be transferred from the Traffic and Safety Fund to Project C-72. Motion passed on roll cqll as follows; Ayes: Councilmen Heath, Brown, Pittenger, B&xnes, Mayor Mottinger Noes: None Absent: None • C. C. 10-14-58 HEARINGS it Page Nine AMENDMENT TO ADOPTED - LOCATIONa South side of Merced Avenue, PRECISE PLAN OF DESIGN NO. between Willow and Garvey Avenue. Simon F. Pepper and Earl Gish APPROVED Recommended for, approval by the Planritng Re3,Dllution No. 568. . First hearing held by Council May 12, 1958 and hearing closed. Decision held over to meeting of October, 14, 1958, per letter of request from proponents dated September 26, 1958. Mr. Flotten stated that the record show this matter was held over to this meeting date by written request of the applicant. Communica- tion was presented and read confirming telephone conversation regard- ing this being placed on the Agenda. for the first Council meeting in October. Mr. Gerschler: There was a study plan prepared for the joint meeting of Council and Commission a mOUltb 2.90 R.TjRJY7,JkJ39 Property. The new plan presented is a1most exactly in accordance, with that. I find it meets 'he w1nirmm. spec�if Jea C. t!,4.Dns (i,;f R-3A and would reccn)mmend the plan be approved as subL,,,kitted. Mr. Aiassa- I would point out that there has been several meetings with the property owners and the architects since Mr. Ger-schler made the survey on R-3 and R-3, as well as prior, discussion, and they have tried to meet all -the requirements of the survey with the minimum standards. Motion by Councilman Brown, seconded by Councilman Barnes and carried that Amendment to Adopted Precise Plan of Design No. 109, as submitted dated October 1.0, 1958, be approved. ZONE CHANGE NO. 125 Bishop Melvin B. Tew, West Covina Ward LDS Church REFERRED BACK TO THE PLANNING COMMISSION' LOCATION,-, 521 South Glendora Avenue, between Walnut Creek Wash and St. Christopher Street. REQUEST: R­3 Use. EXISTING ZONE. R--A (With 'variance for Church Use) Recommended for approval by the Planning Commission Resolution No. 652. The City Clerk presented and read PlannirAg Co-atmission Resolution No. 652. Mayor Mottinger opened the, public hearing and stated that all those desiring to present testimony on Zone Change No. 125 should rise and be sworn in by the City Clerk. • C. C. 10-14-58 Page Teri • ZONE CHANGE NO. 125 - continued IN FAVOR Mr. Clinton 1 am adjacent to the proposed piece of 521 Glendora Ave. property. From some of the previous West Covina hearings it has been b.-ought out that the apponerat-, of this particular zoning have stated this zoning would be detrime_nita..11. to property adjacent to it. Being a property owner there a great number of years, l would take exception to this statement. With a piece, of property, 600 to 700 feet it: .is too deep for, business to come in and take up the whole area, even with parking facilities for that area, but with multiple dwellings going in and the proposed street cutti.rag to the rear of it, we will be able to use all the property that we have. All the pro- perty owners have the same depth and unless we would have a shopping center there we would lose some use of it ;its vie can't use the back part of it. With multiple dwellings backing to property owners on Sandy Hook Street and putting in single story,, l can see no reason this zone should not go through. This would be a buffer zone, their a street, then -any additional dwellings could be put on the east side of that, area in there. • Mr. Whitnall made a zone study of this area, and it was his advice then that a street be brought through from St. Christopher Street to Blue Ash Road to facilitate the use; of the property as it is right now. With the piece of property, t.h3it. -we property owners have along there, this would be about the only -way we could get any use out of the back of it (property) at all. IN OPPOSITION Mr. B. Van Horn l have property di.rectl,y east of the proposed property across Glendora, Avenue. The property in the whole area there was originally a proposed C-1 ;zoning. There is going to be, according to the new plan of Vincent Avenue, quite an intersection at Vincent and Glendora, 1 do not think it is quite appropriate; to put; a mortuary on a very busy corner as Glendora, and Vincent will be. Mayor Mottinger: We haven't opened the hearing Mr. Van Horn: a, Mayor Mottinger-. We are not considering the Unclassified Use Permit, just the zoning for ,the entire property as R=3 uses. on the mortuary use. This is for the: reaar., of the property„ a change of zone? That is correct. The back part of the property. 9 I C. C. 10-14758 Page Eleven ZONE CHANGE NO. 125 - continued Mr, Van Horn: What is the purpose of this if they do not :intend to put a mortuary use in there? Mayor Mottingero They do, but that happens to be a separate item under Unclassified Use Permit. This Is gust the hearing on the R®S portion. Do you have any objections to the R­3 development in here? Mr. Van Horn- No, x do not Mr, Bo Lucas 1-have just recently moved on Sandy Hook Sandy Hook Street and would like to have this matter clarified. The property this hearing is for is this property west of Glendora Avenue? Mr. Lucas was presented with a map for his perusal and at a question from Mayor Mottinger Mr. Lucas stated that he had nothing to state at this time. There being no further testimony presented., the hearing was declared closed, Councilman Pittenger. This 50 foot access, is this a proposed road to get into the apartments until the so-called future street can be built? Mr. Gerschlera Yes, Councilman Pittenger, That is not dedicated or anything? Mr. Gerschlero That is correct. 1t is simply part of parking lot Councilman Pittenger: Apartments on the rear, are they proposed one story or two story? Mr. Ger°schler o The Commission suggested they be limited to one story. Councilman Heath-. Can you get 'the Fire Department in there? Mr. Gerschlerg The east -west street is up in the air and we have to get together with the property owners to discuss the matter more fully. Councilman Pittenger. Why grant zoning when you do not know what the block study will indicate. The street may not be practical, yet you would be already committed to zoning. C. Co 10-14-58 Page 7`we.".ve • ZONE CHANGE NO,125 - continued Councilman Pittenger - continued-. A think this thing should be held up until you have a block study and know what's what. Mr. GerschlsrT, Since the appl-cant can't get a Precise Plan approved it would not hinder, anything to hold up the zoning, too, Mayor Mottinger: So far' as these str(&Sts ,are concerned, there is no information available, 'no plans made and any approval of zoning would be subject to a precise plan of .later design, which we are not sure exactly how it can be developed, Mr. Gerschlero The matter of ,design is completely open. There is a sale of property in- volved here and they are vitally inter- ested in what the zoning would be, Mayor Mottinger: as there a, precise plan being worked • on right now? Mr. Gerschlero Not diligently, We have not., as yet, gotten the people together, and we are dealing with 5 or 6 property owners Councilman Brown: Are the developers working on a precise plan' Mr. Gerschlero l do not believe so. Councilman Pittenger: You do not know what the block study is going to show as to exact streets and whether they cam be brought :f.n or not. You establish R-3 here and everybody in both directions is going to want R-3 and we haven't anything planned. Motion by Councilman Pittenger, seconded by C«,)unc.ilman Barnes that Zone Change No, 125 be denied. Mr. Williams questioned as to why not hold this matter in that to deny it would entail the applicant paying another fee. Councilman Pittenger: Flow long would you hold it? It see no practical reason, this thing could go on for a year Councilman Brown. Outright denial would make applicant pay another fee Co Ce.10-14-58 ZONE CHANGE NOo1125 - continued Page Thirteen The motion of Councilman Pittenger and the second of Councilman Barnes to deny were withdrawn. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that Zone Change No. 125 be referred back to the Planning Commission with the recommendation it be resubmitted With a Precise Plan and Block Study. Mayor Mottingero It is the intent of Council now to not :indicate they are apposed to R-3 zoning but that they cannot determine what the future development mould be., at this time, Jif we were to grant this zoning. UNCLASSIFIED USE PERMIT LOCATION; 521E South. Glendora Avenue NO. 29 between Walnut Creek. Wash and Bishop Melvin Bo Tewy St. Christopher Street. West Covina Ward LDS Church HELD OVER FOR FURTHER REQUEST. Mortuary Uses. STUDY Recommended for approval of Mortuary Uses in Zone R-A by Planning • Commission Resolution No. 651. Maps were presented and Planning Commission Resolution No. 651 was read. Mayor Mottingpr opened the public hearing and stated that all those desiring to present testimony should rise and be sworn in by the City Clerk, AST . FAVnR Mr, Clanton We have lived in West Covina. :for quite 521 S o Glendora Ave. a while and noted the growth of the West Covina. City and the facilities needed to take care of the growth -within the City itself. We know we have a mortuary within the City and yet quite a. few citizens travel outside the City for this type of services and also the use of ambulance service is used outside the, City. In a city growing such as we are we could easily use another mortuary within its boundaries. I have also heard that C-1 zoning isn't feasible for this use, yet I look around and such use Is located 1n C-h and is not detrimental to the C-1 area. We have such a use in C-1 now and business adjacent 60 to it is doing all, right so I can see nothing detrimental to business in the placement of such use in or near C-lo Adequate parking has been planned for a, large number of vehicles, LA • • C. C. �0-14-58 UNCLASSIFIED USE PERMIT NO. 20 - continued. Page Fourteen As to actual revenue there would not; be as much, or, none, from Church use where there would be revenue to the City from such a, use as this. I live adjacent to this and see no reason why anyone would feel bad with the type of st-ructure Pierce Brothers would put up. In fact, they have good landscaping and good architecture, as to most of these uses and they are usually a fine asset too, the communities. IN OPPOSITION Mr, Bert Van Horn other areas that would be more with Mr. Clinton there may be City but it can be located in I would repeal;, what I said before and I do not feel this mortuary should be in proposed C-1 zoning. There are appropriate for it. I would agree a need :fox- another ,such use in the a zone more appropriate for it. This is going to be a prominent corner. I have been here quite a while and have seen zoning come and go, seen property build up and seen quite a bit happen here. I happened to be on the City Council when the proposed C-1 zoning was put into play and at that time it was not the purpose of Council. to make C-1 appropriate for this. use. It is true there is a mortuary use in C-1 zoning but at that time we had that building which was a, detriment to, the community and I do not knav how many were here to see that building before it was remodeled. We studied that matter for quite some t::J,mc?; before granting; the use in a C-1 zone and felt at the time that as the City grew the use: would be relocated to some other part; of the City„ It also comes to my mind that I do not see ho%w much more benefits a city can receive than they do from a church. A city receives more benefits from a church than any other use I can think of, directly or indirectly, and I think Council should consider those things and not put such an establishment on such a busy corner as this will be in the future. Mr. G. Dempke I have ;seven children and I would cer- 1731 Larkwood tainly hate to see one of my children West Covina have to cross Glendora to get to a. church located there:. It would seem to me that Mr. Ilan Horn is not thinking of the tr°affic..situation in relation to a church use. A mortuary building is usually, a very attractive type of building and we need such a use in this City which is building up and when these type of buildings come in they actually help to beautify the City, Mr, Clinton: I remember when they remodeled the old home to -t�aLnsform it into a mortuary and the only thing they added to it was a garage and black topped the side and back. They dial away with the corral or barn, but that is the only thing that was done. 0 0 C. Co 10-14-58 Page Fifteen UNCLASSIFIED USE PERMIT NO. 29 - continued There being no further testimony, the hearing was declared closed. Councilman Pittenger: I think we have recently changed our zoning ordinance in relation to mortuary use so that it, is not pinned down to any specific area with the exception of not being able to be placed in R-1 or R-2. I do not feel that I have studied this enough to want to arrive at a decision on this. Traffic is to be considered and also adjacent property owners with firm zoning, I do not think we should act on this thing until we study it ourselves. Councilman Brown: You will have four different intersec- tions of traffic and with mortuary use pouring more traffic out I do not think it is the best location. Councilman Heath: I agree with those comments. I think to carry commercial down Glendora is the tentative plan. I can see another mortuary in the City but would question this location.. Councilman Barnes: I do not question the possibility of another mortuary in this area but the fact is that we are, studying this area now and there will be an extension of Vincent Avenue through this portion of the City. Traffic might be a problem and another type of development might be better in there. I -think this should be studied before putting this use at this location. I would hesitate to vote for it at this time, Motion by Councilman Barnes, seconded by Councilman Pittenger that Unclassified Use Permit No. 29 be held over for further study. Councilman Brown: I do not think this needs any further study. We have the recommendations of the Commission, and they had a hard time arriving at a decision on it themselves. Councilman Heath: I understand there is a motion on the floor-, but maybe it should be considered that the matter be finished up tonight as there is enough feelings that way. Mayor Mottinger-, I feel there may be some phases of this problem of which I am not too sure and I would be willing to study it. Upon the question, the motion and second to hold this matter over for further study was carried on the following vot;e of 3-2 in favor. Councilmen Pittenger and Barnes voted "Aye" Councilmen Heath and Brown voted "No" Mayor Mottinger voted "Aye" 0 Co C. 10-14-58 Page Sixteen ZONE CHANGE NO, 131 LOCATION. 301, to 311 N. Azusa Avenue, Charles R. Zug between Rowland and Workman Avenues, APPROVED REQUESTS Reclassify from R-P to Zone C-1, Recommended for approval by Planning Commission Resolution No. 649. Maps were presented, and Planning Commission Resolution No. 649 read. Mayor Mottinger opened the public hearing, and stated that all those desiring to present testimony should rise and be'sworn in by the City Clerk. There being no testimony presented, the hearing was declared closed. Motion by Councilman Brown, seconded by Councilman Heath and carried that Zone Change No. 131 be approved, subject to the reommendations of the Planning Commission and City Engineer. RESOLUTION NO. 1453 The City Clerk presented: Accept Bond "A RESOLUTION OF THE CITY COUNCIL OF Precise Plan No. 34 THE CITY OF WEST COVINA ACCEPTING BOND ADOPTED GUARANTEEING INSTALLATION OF STREET IMPROVEMENT AND SEWERS IN PRECISE PLAN NO, 34. 11 (C_b,,arles Zug) LOCATION. Azusa Avenue, between Workman and Rowland Avenues. Aetna Casualty and Surety Company Bond No, 33 S 42771 in the amount of $2,700.00. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Reso- lution.. Motion by Councilman Brown, seconded by Councilman Pittenger that said Resolution be adopted. Motion passed on roll call as follows: Ayes. Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger. Noes: None Absent: None • :7 C� Co C. 10-14-58 Page Seventeen CITY PARTICIPATION IN Mr. Flotten presented and read a communi- STREET LOWERING OF cation from Mr. Charles Re Zug which WORKMAN AVENUE IN stated that: plans have been completed CONJUNCTION WITH ZONE to improve property on Workman Avenue CHANGE NO, 131 to Fleetwell Street, some 280 feet, and APPROVED he would desire to cooperate with the City in the lowering of Workman Avenue to Fleetwell as has been done on the east, side of Azusa. Avenue, on Workman Avenue, recently. Mr, Aiassa stated that he would recommend participation and acceptance of Mr. Zug°s proposal at a cost not to exceed $1.,800000, Motion by Councilman Brown, seconded by Councilman Pittenger that authorization be given for the Citv of Test Covina to participate in the street .lowering of Workman Avenue, in conjunction with Zone Change No. 131., with cost of participation not to exceed the amount of $1,800.00. Motion passed on roll call as follows. Ayes. Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes. None Absent. None ZONE CHANGE NO, 130 LOCATION. West side of Glendora Avenue, Weldon A. Hunter, Robert between Westcove and Vine. Broadwell and Frank Bowker APPROVED REQUEST. Reclassify from R-3 and C-1 to Zone C-1. Recommended for° approval by the Planning Commission, their Resolution No. 650. Maps were presented and Planning Commission Resolution No, 650 was read. Mayor Mottinger opened the public hearing and stated that all those desiring to present testimony should rise and be sworn in by the City Clerk. Mr. Charles Kupferer, Sr. I am generally in favor of anything in 938 California Avenue that area that would improve it. West Covina I reside at 938 California Avenue, which is directly behind this proposed development. Approximately a year and a half ago I was before the Council. and the Commission to have a zone change on the eastern portion of this property here, about the time when this property here in question now was changed to R-3. I applied for R-3 zoning, along with my neighbors, C. C. 1O-14-58 Page Eighteen ZONE CHANGE NO. 130 continued Mr. Charles Kupferer, Sr. - continued - which took in about 400 feet. I applied for a 125 foot depth as a buffer zone.to this R-3 zone that was granted at the back of our property. At that time the property owners there dedicated 30 feet to the City. Now I believe this property is being dedicated again on this requirement for zone change. There is nothing definite on this matter as to whether a half street is going to be put in there or whether it is.noto We each have 618 feet depth, speaking for four property owners in that section. At the present time, and for the future too, there is 458 feet of that that is absolutely "deadwood" to us. We did have livestock on it but that had to go out. We have been sitting there for 12 years waiting too. If this development goes ahead, which I hope it does, I would like Council to consider this half street to come in somewhere from Glendora and come up in back of us in the business zone so that we will have some wedge to make use of our ground, if the four property owners should get together and sell the back part of their property. It was stated the other night at the Planning Commission meeting this wa's proposed R-3 which was back of our ground. This is what we want.. It is no good for R-1, it is too deep. It would be good for multiple units as it is secluded, off the main streets and if developers put this half street in we would have some sales point to sell to a large developer, otherwise we have nothing. If we should put our half street in there it would be blanked at both ends. A long time ago Council, stated they would never bottle this property up so at this time I would like to remind Council that we have as much ground there as the ground in question for zoning tonight. If you include that half street, - that it would be put in when development is put in, we are in favor of this, There being no further testimony, the hearing was declared closed. Mr. Gerschler presented and made reference to redesign of Block Study No. 45 and explained the matter to members of Council. Councilman Barnes,. I am trying to think back, - going back to the proposed extension of Vine Avenue. I do not remember for sure whether it is in the Minutes, but I believe that, Mr. Broadwell tried to establish some of this zoning due to the proposed extension of Vine Street, didn't he at that time? Saying this would be a main intersection there and recommending it for this kind of zoning, • Co Co 10-14-58 Page Nineteen 0 ZONE CHANGE NO, 130 - continued • Councilman Brown: This was zoned in 1955 on the over-all zoning of the City. This Vine Avenue was zoned at the initiation of the City and the property owners to initiate a traffic flow down there. This was zoned subject to precise plan, potential C-1. since 1.955. Mr. Gerschl.er: If the Block Study is not changed, which might happen with meeting of the pro- perty owners and it not being acceptable to them as the Precise Plan shows, it can go ahead with the, original block study and it would not interfere with that. Motion by Councilman Brown, seconded by Councilman Heath and carried that Zone Change No, 130 be approved, subject to the recommendations of the Planning Commission in their Resolution No. 650. Mayor Mottinger called a recess. Council reconvened at 9:20 P. M. RECREATION AND PARK AUTHORIZATION TO NEGOTIATE Mr. Azn.ssa stated that he had received FOR LAND ADJACENT TO a written recommendation from the Rec- DEL NORTE PARR reation and Park Commission that the W. Bo Hindrichs City Council. consider negotiations in APPROVED relation to the purchase of land owned by Mr. W. Bo Hindrichs which is adjacent to Del Norte Park, Mr, Hindrichs has indicated he would-be willing to negotiate the sale of his property. Mr. Aiassa stated that there is no allocation in the 1958-59 budget for this item but that he would recommend that Council give him authorization to negotiate with property owner to see if the land could be purchased and to set it up in the next current budget. Motion by Councilman Brown, seconded by Councilman Barnes and carried that authorization to negotiate for this land be given to Mr, Aiassa. GENERAL MATTERS ORAL COMMUNICATIONS Mrs, Van Dame stated that with due respect to Mr. Aiassashe finds a great deal of fault in where the "coke" machine is now placed and suggested the "coke" machine be placed where the cigarette machine is at present and the cigarette machine be placed in the lobby where both thing would be easily available for everyone. C. C. 10-14-58 Page Twenty • ORAL COMMUNICATIONS - continued Mayor Mottinger stated that it was his thinking that Mr. Aiassa was endeavoring to give the City Hall a good lobby and doing a good job. WRITTEN COMMUNICATIONS PROCLAIMING UNITED COMMUNITY Motion by Councilman Pittenger, seconded FUND DRIVE by Councilman Barnes and carried that Latter half of October the Mayor be authorized to proclaim the latter half of October, 1958 as West Covina United Community Fund Drive. COMMUNICATION FROM THE Mr. Flotten presented and read the CITY OF MONROVIA EXPRESS- communication from the Director of ING APPRECIATION TO THE Monrovia Civil Defense expressing CITY OF WEST COVINA appreciation for the concern and offer COUNCIL AND ADMINISTRATION of help to Monrovia during the recent disastrous fire. LETTER OF APPRECIATION Councilman Heath stated that it was ! AND COMMENDATION TO his opinion that during the time of CLEO BOSCHOFF the recent emergency in Monrovia that Cleo Boschoff had done a wonderful job and given outstanding service and report during this time. Council- man Heath stated that he felt a, letter should be directed to Cleo Boschoff stating that the Council realized the effort and work done at this time and commending ,her for her services. Motion by Councilman Heathy seconded by Councilman Barnes and carried that the City Clerk prepare a letter of appreciation and commendation to Cleo Boschoff in recognition of her efforts during the Monrovia fire. AMERICAN MUNICIPAL To be held in Boston at the Statler ASSOCIATION Hilton Hotel November 30 - December 3, 1958. CITY ATTORNEY ORDINANCES INTRODUCTION The City Attorney presented° iendment No. 24 amending ."AN ORDINANCE OF THE CITY COUNCIL OF THE adopted Sign Ordinance CITY OF WEST COVINA AMENDING CERTAIN No. 563 PROVISIONS OF ORDINANCE NO. 325 RELATING TO FILLING STATION SIGNS." (City, Initiated Mayor Mottingero Hearing no objections, we will waive fur- ther reading of the body of the Ordinance. C. C. 10-14-58 • AMENDMENT NO; 24 - continued • 11 Page Twenty -One Motion by Councilman Barnes, seconded by Councilman Pittenger and carried that the Ordinance be .introduced and given its first reading. INTRODUCTION Amendment No. 25 amending Zoning Ordinance No. 325 relating to funeral parlors,and mortuaries Mayor Mottinger: The City Attorney presented-. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 325 RELATING TO FUNERAL PARLORS." (City Initiated) Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the ordinance be introduced and given its first reading. SECOND READING ORDINANCE NO, 593 Rezoning certain property owned by the City ADOPTED Mayor Mottinger: The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REZONING CERTAIN PROPERTY OWNED BY THE CITY." (City Initiated) LOCATION-. Northwest side of Sunset Avenue, between Merced and Cameron Avenues, adjacent to Corporation Yard, of the City of West Covina Hearing no objections, we will waive fur- ther reading of the body of the Ordinance. Motion by Councilman Pittenger„ seconded by Councilman Barnes that said Ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent. None Said Ordinance was given No. 593. SECOND READING, AS AMENDED The City Attorney presented:. ORDINANCE NO. 594 "AN ORDINANCE OF THE CITY COUNCIL OF THE Ordinance amending CITY OF WEST COVINA AMENDING ORDINANCE Ordinance No. 142 NO. 142 RELATIN'G`'}TO THE LICENSING OF ADOPTED BUSINESS, TRADES 'ND OCCUPATIONS." Councilman Heath: I believe it was previously stated that there would be questions that would be permitted in regard to this. 0 0 0 8 C, Co 10-14-58 Page Twenty -Two ORDINANCE NO. 5949 AS AMENDED - continued Mayor Mottinger: That is correct, Councilman Heath: There are some questioniiii I would like clarified. If the numbers are right, with the information I have, the largest businesses in the City are taking a reduction in business license (fee) under this statute, are they not? Mr. Flottenz Yes, they are. Councilman Pittenger: We studied three plans and under one plan they would pay much more than they are presently paying. However, under, this plan they did not pay as much, relatively speaking. Councilman Heath-, The ratio under the first plan put out was that the small operator had his license fee doubled and the large operator had it increased a slight percentage. Then there was a re- vision to that and it ended up, as I understand, with 12 businesses now getting a cut under what they paid in the original. arrangement in licenses yet the small fellow getting a 50% increase in -the initial cost of the license. I believe the cost per employee dropped from $5.00 to $3.00� Councilman Pittenger: What we talk about in licenses is to pay the City for, services rendered for police and fire protection. By licens- ing we are not attempting to tax because by collecting sales tax we get revenue from stores. What we are actually trying to do, and we discussed this, was to get back from the small operator what it actually costs us to maintain police and fire protection for him, A small real estate place requires alert protection as much as a store with 20 employees. We use licensing as a form of revenue versus cost of protection. Councilman Heath: The cost of protecting the small man has gone up 50% while the large operator's has dropped, Councilman Pittenger: The small, man's protection was never fully covered by license and that is the theory we worked on. Mayor Mottinger: The larger businesses actually were not paying the fee as we intended they pay it anyway-, and the consideration was bringing the fee within proper range for the large business as well as the small business. 0 4 CoCo 10-14-58 ORDINANCE NO. 59C AS AMENDED - continued Page Twenty-three Councilman Brown: They were not paying for part time help or stock help, only paying for salesmen. They all agreed that the City must have revenue from somewhere for police and fire protection for merchants. Actually, in discussing this, four merchants were hit harder, yet we give no greater protection and in some cases they have their own watchmen and a policeman is not of real value. To smaller merchants, p6lice render more service than some larger merchants. Councilman Barnes: I believe it was consensus, at least of one of the smaller owners, that, $36.00 and $3. 00 was adequate. I believe that was his statement in your report, Councilman Brown. Councilman Brown: That is correct. Councilman Heath: I wasn't in on the beginning of this discussion which was before. my time on ,Council and the question came up in my mind as to being equal, Mayor Motti.nger-. We will give this new ordinance a try and then we will know whether we were right or wrong, Councilman Heath: Were all parties happy with this arrangement? Councilman Brown: They weren't all happy but they realized new revenue had to be raised. Councilman Heath: Was there any cry of discrimination? Councilman Brown: They did at first but then they felt better, especially when it turned out solicitors would be charged. The small merchants are being more hurt by solicitors than by the bigger businesses. Mayor Mottinger-. Hearing no objections we will waive further reading of the body of the Ordinance. Motion by Councilman Barnes, seconded by Councilman Pittenger that said Ordinance be adopted. Motion passed on roll. call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Ordinance was given No. 594. 0 L� C. Co 10-14-58 Page Twenty-four INTRODUCTION Amending Ordinance No, 142 The City Attorney presented. relating to Business Licenses "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING ORDINANCE NO. 142 RELATING TO BUSINESS LICENSES," Mayor Mottingero Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the Ordinance be introduced and given its first reading. INTRODUCTION The City Attorney presented - Rezoning certain property "AN ORDINANCE OF THE CITY COUNCIL OF (Pacific Development Co.) THE CITY OF WEST COVINA REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF BARRANCA STREET;, SOUTH OF WALNUT CREEK WISH (Pacific Develop- ment Co.) • Mayor Mottinger4 Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Heath, seconded by Councilman Pittenger and carried that the Ordinance be introduced and given its first reading, Councilman Brown voted "No", CITY MANAGER REPORTS AUTHORIZATION TO EMPLOY Motion by Councilman Brown„ seconded MR. VERN COX TO MAKE by Councilman Pittenger that authoriza- APPRAISAL OF PROPOSED ton be given to the City Manager to RIGHT-OF-WAY IN RELATION employ Mr. Vern Cox to make an appraisal TO CAMERON AVENUE EXTENSION of the proposed right-of-way through property owned by .Mr. Kendall for the proposed extension of Cameron Avenue not to exceed the amount of $650.00, for complete summary and report of value to be prepared for City Council review. Motion passed on roll call as follows-, AyesCouncilmen Heath, Brown, Pittenger„ Barnes, MayorMottinger Noes: None Absent: None C. Co 10-14-58 Page Twenty-five • CITY MANAGER REPORTS - continued REVIEW OF PROPOSED Mr. Aiassa requested clarification as ANNEXATION NO, 161 to the extent to be made to property owners as to rep u3r,ements of streets improvement if and when this territory should come into the City. • 0 Mayor Mottinger: I believe there were two different actions and I could not advise the City Manager of just what they were. How- ever, it was my thinking on the matter that ,#e wT,shed to tell the people in this area we would accept annexation, but if there is any future dedication of the street it must be brought up to City standards, However, I think that in one of the motions it was indi- cated that the streets and drainage problem would have to be solved prior to annexation. Councilman Pittenger: I -remember the street had to be' brought up to standard before annexation. Councilman Heath: I believe that was stipulated, but is that a street? I. believe it is a. driveway or . easemer�t-p. «11'� "* Councilman Barnes: It would have`to be developed as a street, Councilman Heath: When it is subdivided It must be developed and at, that time the improve- ments could be pp_ t; .in. At the present time it doesn't rate as a street. Councilman Brown: what this one is. and never come back Mayor Mottinger: rp , You should'"ta.ke a. look at the contour of this. The main street for drainage would come up from the other side from This will probably develop into a short cul-de-sac to Cameron to get drainage and improvement on it. stipulate that the street the property owners might to improve the street for no problem there. Councilman Pittenger: Mr, Gerschler: Another consideration Councilman Brown had in mind was that if we did create this annexation and didn't clearly had to meet standards, at some future date feel they were justi.f;ied in asking the City them. If not a dedicated street, there is Indications are this is a private drive Could they subdivide and continue to use the rest of the street? Not under present city ordinance. They could not expand it any more for use than it is now, Co Co 10-1.4,'58 Page Twenty-six CITY MANAGEkREPORTS continued Review of Proposed Annexation No. 161 continued Councilman Heath: I think if you approve a subdivision map and insist sewers be put in and streets imprGved 'that settles that. Councilman Pittenger- If the front of the property is sub-, divided, yes, but that is just in front of existing houses. How are you going to make him inAprove that portion? You cans make him even hook up to the sewer. Mayor Mottinger. At the ' back and of this driveway which is not dedicated or, would not be dedi- cated because of lack of 2-snprovements, if they wanted to make a new development, it would be within our rights to insist any egress from that property, be over properly developed streets? Mr. Williams: I think your ordinance requires now that a lot abutt upon, public street. I am not familiar with this location,, but if this should be a public street, Include on the, condition that it should be improved and dedicated, Mayor Mottinger: It is a short driveway which three or four property owners in there use as a common driveway and it is the only access to the street. Councilman Pittenger-. If they can go ahead and develop by metes and bounds and continue to use what is now a private street, then ,re can't make these people there now using a private street hook up to sewers and improve the street. Mr. Gerschler: You could take Willow Lane as an example of a case that is a private street. They wished to further subdii;ide by metes and bounds and the City stated that until it, was brought up to City standards the metes and bounds won't 'be allowed. Councilman Pittenger-. People on both sides subdivided? Mr. Gerschler: Yes, you control that one. Councilman Pittenger: Here are People preset tly on it and you can't do a thing to make them hook up or give a street. Mr. Aiassa: You also have County territory between the public street and the City of West L. Covina c1ty limits. • C. Co 10-14-58 Page Twenty-seven • CITY MANAGER REPORTS m continued Review of Proposed Annexation No. 161 - continued Mayor Mottinger: Could we have proper control if we made a provision of annexation that any street to be dedicated would have to be brought up to City standards before we accepted dedication. Make it a clear stipulation in this matter. I do not believe in the other cases it was clearly stipulated,or if it was we did not have definite standards at that time. Mr. Doshg What if they asked to improve that street and we said yes? Mayor Mottinger: We could permit streets to be improved up to the City street or County line. Mr. Dosh. This is like an island, - it has to cross private property. Mr. Aiassa-. Perhaps we could turn this over to the Engineering Department to see if they could survey the street and the island of County territory another egress. and leave this as private easement and have Councilman Brown: When you follow the boundary of the annexation you have less than half of this street within the City. Mr. Williams: I think the chances are you could protect the City. However,, I am thinking of the Hidden Valley case of Monrovia where they allowed people to build on an undedicated street and here you are not allowing them to build but they have already built and you are inheriting a situation. The City of Monrovia was servicing those people with mail and rubbish collection and the court held they were treating it as a public street and thus the City could not refuse to grant additional building permits on this. The court held that since the City was servicing them the City could not require dedication or improvement, that the City had implicitly accepted dedication by doing these things and could not deny building on exten- sion of this street. This is what bothers me. If it was how in the City you would not allow this to develope with- out street dedication. To take it into the City you -would require the same thing that you would require if it was already in the City and that would be dedication of the street. 8 0 C. Co 10-14-58 CITY MANAGER REPORTS - continued Mr. Williams - continued. Page Twenty-eight I can't answer the problem of going through County territory because it is under separate ownership. You could have the same ownership dedicate to the County the part that is in the County. Councilman Heath: The people there claim they have given some land as easement. Mr. Williams, Frequently easement includes right to dedicate. Councilman Heath: Put the annexation through to get the thing firmed up and state in the annexa- tion that at any time that this street is to be dedicated it must be improved at that time and you will control the rest of it by subdivision plan, Councilman Barnes. I would like to do that too, if possible, but can we do it without accepting it? Mr. Williams: You have other, areas that are landlocked, not abutting public street, but are they improved? Councilman Heath. How can we force them to improve that drive with a portion of it in County? silly to do it with the rest. If we can't enforce that it would be Mr. Williams: It is possible the people who own in the County would be content, to dedicate to the County and improve that short leg of it if You will. improve the rest of it. Mr. Aiassa: I think Council is assured as to the value of the annexation in case they may be subject to street improvements. Mayor Mottinger. If we accept it; as an annexation and we ran into a legal block with regard to dedication of sheet: we might be faced with some expenditure there. Mr. Aiassa: You might be in the same position as Monrovia. It was consensus that the City Manager be directed to have the Planning Department and Engineering Department study this matter and make formal recommendations. • C. C. 10-14-58 CITY MANAGER REPORTS - continued • r� CONFIRMING REPORT OF THE CITY MANAGER IN RELATION TO AWARDING OF ENGINEERING WORK ON SEWER ASSESSMENT DISTRICTS Page Twenty-nine Motion by Councilman Barries, seconded by Councilman Heath and carried to con- firm the Special Assessment Distribu- tion Report in the awarding of engineer- ing work on sewer assessment districts for the year of 1958 as submitted by the City Manager PRELIMINARY BRIDGE AND Mr. Harold Johnson and Mr. Dosh met STORM DRAIN with the County Flood Control represen- tatives and obtained certain tentative approval of storm drain for acceptance by Los Angeles County Flood Control District. The map that is before you indicates the items acceptable, shown in red, by the Los Angeles County Flood Control District officials on October 7, 1958; the items shown in green acceptable with minor repairs by these officials on October 7, 1958 and the remainder, as outlined, not acceptable at this time. We will draft proper resolutions for Council's next meeting on October 27, 1958. It was consensus this be done. NEGOTIATION WITH PROPERTY Motion by Councilman Heath, seconded by OWNERS IN RELATION TO Councilman Barnes and carried that the VINCENT AVENUE EXTENSION City Manager be designated as City representative and Councilman Brown designated as Council representative, forming a committee to negotiate with property owners in regard to Vincent Avenue extension. AUTHORIZATION TO NEGOTIATE Motion by Councilman Barnes, seconded FOR LAST PARCEL OF LAND by Councilman Pittenger and carried that ADJOINING COMIDA PARK the City Manager be authorized to nego- tiate with Mr. McCall in. relation to property adjoining Comida Park, last parcel facing on Puente Avenue. Mr. Aiassa indicated that there is notsufficient funds budgeted in 1958-59 to cover the total cost of the three parcels and he would report at the next meeting as to where extra funds would be obtained to cover the total purchase. 0 Co C. 10-14-58 CITY MANAGER REPORTS - continued Page Thirty BIDS FOR IMPROVEMENTS OF Councilmen Heath and Barnes indicated POLICE STATION ON SUNSET they desired to study this matter, fur - AVENUE ADJOINING CORPORATION ther and it was consensus this be held YARD over and put on Agenda of Study HELD OVER TO STUDY SESSION Session on October 20, 1958. CITY CLERK TIME EXTENSION REQUEST One year time extension on zoning and Sidney Pink special use permit for motion picture (October 14, 1959) theatre on South Glendora Avenue. APPROVED Discussion was held on this matter since there had been other time extensions denied. It seemed this might not; apply to zoning and therefore there would be no basis for not granting extension since time limits were not on zonings but on precise plans. The City Attorney indicated that time limits were ineffective on zonings, and so far as use permits, that would be A discretion of Council. Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that the time extension of Sidney Pink be granted to October 14, 1959. PETITION FOR SEWER Maplewood Street and others. Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that this matter be referred to City Engineer for proper report. PETITION FOR SEWER Thackery Street and others. 66% non -validated signatures. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that this matter be refer -red to the Engineering Department for proper report. APPLICATIONS FOR To be considered at next meeting with CHRISTMAS TREE SELLING suggestion by Councilman Pittenger that some type of notification be given, if at all possible." so that all the applications are received for decision at one time. 9 0 0 0 C. C. 10-14-58 CITY CLERK - continued INTER -COMMUNITY HOSPITAL DINNER NOTICE OF COUNTY BOUNDARY COMMISSION OF CITY OF INDUSTRY PROPOSALS FOR ANNEXATIONS NO. 34 and NO. 35 FILED SEPTEMBER 29, 1958 CITY TREASURER REPORTS BADILLO DRAIN REPORT Page Thirty-one Mayor Mottinger indicated he would attend with his wife. No protests will. be made. None Councilman Pittenger: We have presented a report on the Badillo Drain and had a study meeting with County agencies and Baldwin Park in an attempt to solve this problem. As reported, Baldwin Park at a recent meeting said they were not interested in any kind of drain at this time, temporary or otherwise,, and preferred to wait for the November bond issue to be decided before discussing any drains, although they know that even if the bond issue is passed it will be two years before construction is done, In closing the report we have suggested we remove at least a portion of the berm on Badillo and return some of this water to its original percolating area. We think there is no reason for us to carry the burden of the water that is originating in the County., Covina and Irwindale, down Orange. There has been no response from any agencies and we feel we must protect the people in the City. Councilman Barnes: I met with all the County people such as flood control, road department, supervisors, and Baldwin Park committee on this and through all the plans we have had, we have not solved anything. We feel the berm should be lowered from its existing height, and to let a portion of this water flow westerly. We feel quite strongly that a portion of this should go down the old Badillo drain to the west the Way it used to go. I believe that in 1954 the County put in this berm and as I understand it was without the permission of the City of West Covina. I think Councilman Pittenger and myself met with as many people and tried as hard as we could to get this job done. I think that Council- man Pittenger has made even more meetings than I have and done a fine job. -A • C. Co 10®14-58 BADILLO DRAZY REPORT m continued Councilman Barnes - continued: Page Thirty-two We should investigate this matter with our City Manager,, Engineering Department and City Attorney to see if we can divert some of this water. Councilman Brown: I agree and I always felt that should be done. Motion by Councilman Brown„ seconded by Councilman Barnes and carried that the recommendations in relation to the Badillo Drain Report be accepted and instruct the City Manager, City Engineer and City Attorney to do all things necessary to see about removing the berm as it now exists on Badillo Street. Mayor Mottingero I think this report should be taken in the light of a report to the citizens of West Covina. It has been almost a year since the last rainy season and we have accomplished nothing that they can see,and they should know on the basis of such a report what has been done and the effort made to attempt to resolve this matter. Councilman Barnes: I think the County recognizes this water should go westerly. Councilman Brownquestioned as to matter of C-R zoning, It was indicated that a report would be forthcoming very shortly, possibly at the study session Monday evening, Councilman Brown: There are several cases in the City where we are allowing lots to be de- veloped that drain to the back of the lot through the next lot and into next street. The F.H.A. says drain is to the streets We have no ordinance for that and should have one. Mr. Williams: The County Building Code contains drainage and grading clauses right in the building code, and we are now, through the City Manager's office, working to amend our present building code ordinance to include this provision. C. C. 10-14-58 I CLAIM AGAINST CITY Mary Kathleen Peters by Matthew Peters REJECTED AND REFERRED TO INSURANCE COMPANY HEALTH CONTRACT REPORT OF MAYORS MEETING OF CIVIL DEFENSE MEETING IN MONROVIA Page Thirty-three Motion by Councilman Brown, seconded by Councilman Barnes and carried that the City of West Covina rejects the claim brought against them of Mary Kathleen Peters by Matthew Peters and refers it 'to the insurance company. Held over until next meeting. Councilman Heath presented the report, as representative of the Mayor, attending this meeting. Possibility was discussed of having sirens and they are going to make a survey of warning devices in Area D. Need was mentioned of more men for the Radef Program. The state is releasing more requipment for testing radiation activity conditions. Mr..Hoover of the County has just completed a joint power and mutual aid agreement to be used in Area D. Situation needs some legal straightening out. It seems the County cannot participate in this program until a ruling comes back from the Attorney General as to whether the County can put money into something like this when it is not a declared emergency. Discussion was made on the moving of the control center from Claremont. They had radio problems and they could not pick up West Covina due to location of City. I believe they have changed radios and have taken care of this matter. Committee has been appointed to study a location for this center and they will report back. It was brought out at this meeting that most of the participants in this Area D are concerned about West Covina. First, in that it has radio center above ground, whereas other cities are getting them into basements' of public buildings, etc. They would like to see it below ground. Mr. Ingram was nominated and elected for another year. Study is being made on how traffic can be controlled in case of emergency on state highways. The Monrovia fire brought this question up as police couldn't block off a state highway. A resolution was adopted commending Colonel Welling on his services. Bradbury has entered Area D. C. C. 10-14-58 Page Thirty-four DEMANDS APPROVED Motion by Councilman Heath, seconded by Councilman Brown that Demands in the amount of $407,901.37, as shown on Demand Sheets C-108, C-110, C-111 and B-50, be approved. This to include fund transfers in the amount of $42,345.93, bank transfers in the amount of $132,124.50 and time deposits in the amount of $180,000.00. Motion passed on roll. call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None There being no further business the meeting was adjourned at 11:10 P.M. Study Session - Monday, October 20, 1958, at 7.30 P. M. APPROVED BY CITY COUNCIL 'z 7---5-P Date 1. As submitted_,,�. 2. With the following corrections-,