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11-24-1958 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST.COVINA, CALIFORNIA November 24, 1958 The meeting was called to order by Mayor Mottinger at 7:35 P. M. in the West Covina, City Hall, The Pledge of Allegiance was led by Councilman Heath, with the invocation given by the Rev. Donald Locher of the West Covina Methodist Church. ROLL CALL Present: Mayor Mottinger, Councilmen Heath, Brown, Pittenger, Barnes Others'Present: Mr, George Aia.ssa, City Manager; Mr. Robert Flotten, City Clerk; Mr. Harry C. Williams, City Attorneys. Mr, Tom Dosh, Assistant Public Services Director; Mr. Malcolm C. Gersch.ler, Planning Coordinator. Absent: None APPROVAL OF MINUTES i November 3, 1958 - November 10, 1958 - CITY CLERK'S REPORT Approved as submitted Approved as submitted PROJECT NO. C-81 Rowland Ave. - Urich Station HELD OVER UNTIL NEXT REGULAR MEETING OF COUNCIL LOCATION: Rowland Avenue, from Azusa Avenue to 400 feet westerly. Approve plans and specifications and authorize expenditure for lowering existing pavement to grade, Amount $1,500.00. Mr, Flotten stated that the estimated cost of this project was $1,406.85 and presented a. report in reference to this project. It was recommend- ed that the cost of the westerly end of this project was to be borne from Traffic Safety Funds in the amount not to exceed $1,500.00. Mr. Dosh indicated that improvements would be put in but that a request is being made for some committment from the adjoining property owner as to whether we will go ahead with the street improvements, otherwise they will go ahead only to the existing pavement. Mr. Dosh stated that the Covina. School District had taken bids for improvements in front of the Pioneer School and had submitted the bids to the State Allocation Board for approval. A report should be received shortly on this matter, which would bear some relation to this area project, a Co Co 11-24-58 Page Two PROJECT NO, C-81 - continued Councilman Heath indicated it was his opinion that perhaps this matter should wait on the State decision in the matter of the school, Mr. Aiassa stated that it might be possible that the City could work together with adjoining property owner in this matter and tie it in with Pioneer School improvements. Motion by Councilman Heath, seconded by Councilman Barnes and carried that the matter of Project C-81 be held over and presented at the next regular meeting of Council, RESOLUTION NO. 1468 Requesting Board of Super-. visors approval of expendi- ture of County Aid Funds (Project C-80) ADOPTED Mayor Mottinger: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY, CALIFORNIA, TO PERMIT THE USE OF CERTAIN GASOLINE TAX MONEY ALLOCATED AS COUNTY AID TOWARDS THE IMPROVEMENT OF ORANGE AVENUE FROM DURNESS STREET TO MERCED AVENUE BY THE CONSTRUCTION OF ASPHALTIC PAVEMENT ON AGGREGATE BASE AND APPURTENANT WORK," LOCATION: Orange Avenue from Durness Street to Merced Avenue AMOUNT, $5,400.00 Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Pittenger tha.t 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. 1468. FINAL MAP OF TRACT LOCATION: South of Francisquito Avenue, NO. 22466 east of Walnut Avenue, APPROVED, CONDITIONALLY Area District II - 4 Acres - 11 Lots Mr, Flotten: The original tentative tract map was approved in September,.1956. There was one request for extension and then a second request for extension, which was denied in February, 1958. The map was resubmitted in May, 1958 and approved, subject to the same conditions of the first, with the additional requirement of sidewalks along Fra.ncisquito Avenue. C. C. 11-24-58 Page Three TRACT NO. 22466 - continued The report of the City Engineer recommends approval subject to the following: 1) Receipt of utilities map. 2) City Engineer's approval of Street Plans. 3) City Engineer®s approval of Fewer Plans. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that Final Map of Tract No. 22466 be approved, subject to the recommendations of the City Engineer. RESOLUTION NO. 1469 Tract The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE Approving Final Map of No. 22466 and accepting bond CITY OF WEST COVINA APPROVING THE FINAL ADOPTED CONDITIONALLY SUBDIVISION MAP OF TRACT NO. 224669 ACCEPTING THE DEDICATIONS THEREIN OFFERED, ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND TO SECURE THE SAME." LOCATION: South of Francisquito Avenue, east of Walnut Avenue. Massachusetts Bonding and Insurance Company Bond in the amount of $12,500.00 for street improvements (No. 881205) and sanitary sewers (No. 881206). Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Barnes, seconded by Councilman Pittenger that said Resolution be adopted (subject to the recommendations of the.City Engineer) Motion passed on roll call as follows: Ayes, Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1469 • C. C. 11-24-58 Page Four ACCEPT STREET IMPROVEMENTS Tract No. 22741 Grisham -Ford -Worthington APPROVED CONDITIONALLY LOCATION: North of Bromley Avenue, west of Pacific Avenue Accept street improvements and authorize the release of Pacific Employers Insur- ance Co. Bond No. 11-B-54353 in the amount of $22,000.00. Mr. Flotten stated that the Inspector's final report, with certifica- tion of completion dated September 19, 1958, was on file and the recommendathn is to accept the street improvements and to release the bond, subject to retaining the amount of $200.00 for street signs (not installed to date). Motion by:Councilman Pittenger, seconded by Councilman Heath and carried that street improvements in Tract No. 22741 be approved and authorization be given for the release of Pacific Employers Insurance Company Bond No. 11-B-54353 in the amount "of $22,000.00, subject to the retaining of $200.00 for street signs (not installed to date). RESOLUTION NO. 1470 Final Map of Metes and Bounds No. 135-149 ADOPTED Mayor Mottinger: The City Clerk -presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF METES AND BOUNDS SUBDIVISION NO. 135-149 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND." (J. M. Slough) LOCATION: East side of Spring Meadow Drive. Area District III - 1.86 Acres - 2 Lots No bond or street improvements required Hearing no objections, we will waive further reading of the body of the Reso- lution. Motion by Councilman Heath, 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. 1470 0 C. C. 11-24-58 Page Five •PROJECT C-79 LOCATION: Glendora Avenue, from Garvey Approve plans and specifiea- Avenue to State Street. tions and authorize expehdi- Spring Meadow Drive from Lark Hi11.Drive ture for resurfacing northerly. APPROVED CONDITIONALLY Lark Hill Drive from 500' westerly to 200' easterly of Spring Meadow Drive. Councilman Brown: For some time the City has been having pavement failures. Some time ago a re- port was brought out from the Asphalt Institute to clarify some of those failures. I see we are still using the same type of material here again which is State Type B instead of State Type A. Mr. Dosh: There is nothing objectionable to using State Type A so long as it is specified in the plan. Mr. Aiassa: I think you could go ahead and approve this subject to that correction. I do not believe it will make that much difference in the amount of cost. Try Type A and give it a test and then change specifications. Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that the City Clerk be authorized to advertise for bids for • Project C-79 and that the Plans and Specifications be approved, subject to the using of State Type 'A' asphalt mix (in Project C-79). DISTRICT A'11-58-3 Baymar Street and Norma Avenue. Sanitary Sewer District HEALTH OFFICERS Report of Los Angeles County Health REPORT ACCEPTED Officer The report of the County of Los Angeles Health Officer was submitted and read. The recommendation was for the acceptance of the report and that the City Council authorize the City Engineer to proceed pursuant to the provisions of Section 2808, Division 4, of the Streets and High- ways Code. The report of the Health Officer stated as follows: RECOMMENDATIONS: It is respectfully recommended that sanitary sewers be installed in this district. ANALYSIS: This Department has made an investigation of the Baymar Street and Norma Avenue Sanitary Sewer District, A111-58-3, City of 'hest Covina, as shown on the attached map. During the course of this investigation 93 house -to - house calls were made. Of this number 37 occupants were not at home or did not answer the door. Of the 56 property owners or tenants actually contacted 29 or 51.7% reported having experienced trouble with their individual subsurface sewage disposal systems. C. C. 11-24-58 • DISTRICT A°11-58-3 - continued • • Page Six They complained that the systems 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 systems or the construction of new seepage pits was necessary. The soil within the area of this proposed sanitary sewer district consists mostly of heavy clay and loam. 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 installation of sanitary sewers in the proposed Baymar Street and Norma 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. SIGNED, Kenneth H. Sutherland, M.D. Assistant Health Officer for and in the absence of Rohr 0. Gilbert, M.D. Health Officer Motion by Councilman Heath, seconded by Councilman Pittenger and carried that the report of the Health Officerbe accepted and his report be spread in full upon the Minutes of this meeting and the City Engineer be instructed to proceed pursuant to the provisions of Section 2808, Division 4, of the Streets and Highways Code. RESOLUTION NO, 1471 Baymar Street and Norma Avenue Construction of sanitary sewers as a health measure The City Clerk presented: A111-58-3 "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THAT THE CONSTRUCTION OF CERTAIN SANITARY SEWERS IS NECESSARY AS A HEALTH MEASURE IN BAYMAR STREET, AND OTHER STREETS KNOWN AS THE BAYMAR STREET AND NORMA AVENUE SANITARY SEWER DISTRICT". Mayor Mottinger: Hearing no objections, we will waive. further reading of the body of the Resolution. C. C. 11-24-58 Page Seven Am, RESOLUTION NO. 1471 - continued • Motion by Councilman Heath, seconded by Councilman Brown 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. 1471. SCHEDULED MATTERS BIDS STAFF AND POLICE CARS HELD OVER TO ADJOURNED MEETING DECEMBER 1, 1958 Mr. Flotten: • The bids were as follows: The Bids were opened as advertised in the office of the City Clerk at 10:00 A. M. Friday, November 21, 1958, and referred to the Finance Officer for review and recommendation. Let the record show that notice of this bidding was published in the West Covina Tribune on November 6, 1958. 6 4 PATROL STAFF CARS CARS TOTAL $1,310.00 & Russ Davis Ford $13,610.38 $8,690.45 850.00 $22,300.83 Cashier's Cks. Harry A.Biszantz Ford 13,665.60 8,985.60 10%O Bid Bond 22,651.20 Hoffman Chevrolet 14,295.84 8,944.00 No Bid Bond 23,239.84 Clippenger Chevrolet 14,106.21 8,946.87 10% Bid Bond 23,053.08 Page -Lowe Mercury Edsel 14,678.34 9,349.40 Uncertified 24,988.90 Ck. $2498.89 Potter Motor Co. Same price all cars No Bid Bond 25,399.50 The report of Vaughn D. Walters, Director of Finance, was read as follows: "No bids were received for the leasing of vehicles. In the absence of bids, we have contacted Fontana. Motors, Western Auto Leasing, Vehicle Leasing and Larson Oldsmobile and none of these it organizations are interested in -negotiating a lease contract for 1959. • L •C. Co 11-24-58 STAFF AND POLICE CARS - continued Page Eight Bids for purchase of vehicles were opened at 10:00 A. M., Friday, November 21, 1958, with the following results: Russ Davis Ford $22,300.83 Harry Biszantz Ford 33,651.20 Clippenger Chevrolet 23,053.08 Hoffman Chevrolet 23,239.84 Page -Lowe Edsel 24,988.90 Potter Motor Co. 25,399.50 No bid bonds accompanied the bids of Potter Motor Co. and Hoffman Chevrolet. These bids are not low and no further consideration is recommended due to the lack of the bid bond. The bids have been reviewed in detail with Chief Sill of the Police Department and it is our joint recommendation,that the bid be awarded to Russ Davis Ford whose bid was low. There is a minor technicality which I wish to make known in connection with the bid of Davis Ford which is being recommended for acceptance. In the proposal on the six police cars the bid letter states, "minimum 200 H.P." Our specifications for these six units call for a mini- mum of 220 H.P. Upon checking with Russ Davis Ford by telephone call to Mr. Dean Evans, Assistant Sales Manager, this date, he states that the quote of minimum of 200 H.P. applied to the four staff cars only and that the six patrol cars were 220 H.P. as stated in the specifications. We believe this explanation is acceptable. As to the matter of funds to cover the cost of purchasing these vehicles, the following information is provided. There will be approximately $7`%000.00 remaining under the equipment rental account which can be applied. In addition, we find in reviewing the account for repairs and maintenance, that we have experienced substantial saving in the first five months of this year and can safely use $3,000.00 from this account towards the purchase. There is $2,200.00 budgeted under the motor pool account for one vehicle. This would leave a total of $10,100.83 which, in my opinion, can be appropriated from the unappropriated surplus of the General Fund." Mr. Aiassa: We were notified that December 31st is the termination of our existing lease with the Oldsmobiles we are now operat- ing. It is also thought that we would probably process the patrol cars annually and keep the staff cars two or three years. That means every year reselling at least 6 units and every two years reselling 9 units. I feel this should be tried one year and see if we can purchase vehicles Igand keep an accurate accounting program to see what the cost.would be in relation to a lease program. C. C. 11-24-58 Page Nine • STAFF AND POLICE CARS - continued • Councilman Pittenger: How much mileage a year? Mr. Aiassa: '60,900 a year. Councilman Barnes: Some have 35,000. Mr. Aiassa: Limited mileage on these cars gives them a greater trade-in value. In one year's time cars are not badly damaged or accumulate 'too many miles. Councilman Heath: If you are expecting the type of mileage it mentions in the report, and maybe this is justifiable, - but in reviewing the account for repairs and maintenance, we have experienced substantial saving in the first five months of this year and can safely use $3,000.00 from this account towards the purchase. We still will have that much expense and repair? Mr. Piassa- Not this fiscal year. The cars will be new the first six months and only minor repairs would accumulate until possibly over 25,000 miles. • Councilman Heath: No doubt there is a good market for cars now and dealers don't.seem to be inter- ested in leasing out cars. You have contacted leasing agencies? Mr. Aiassa: That could be the reason. Mayor Mottinger: It would seem there is no choice but to buy our own cars although I believe E1 Monte has leased their cars. Mr. 'Walters: A_company has leased to Covina but they won't lease to us. The best price is .05 per mile. Mr. Aiassa: I think the purchase of our own cars would be a good experience and we could keep some good accurate records. Mayor Mottinger: In discussion at the Police Officers meeting relative to purchasing and leasing, several cities felt they would make money for themselves on purchase arrangement and would be able to operate police cars at .061 a mile. r� C. C. 11-24-58 Page Ten STAFF AND POLICE CARS - continued • Mr. Aiassa: We also have a hidden cost in leasing. To repair the cars they have to be taken to Alhambra and if the repairs take time, it will require a man to wait for it to be done. This is time wasted which is an added expense to the City. Councilman Barnes: Is there any tentative arrangement for repair? Mr. Aiassa: I believe a great deal of the minor repair work'.we.-co*U d ha.ve.'.done,by-our awn repair man.- Anything.of a major nature might have to go out. Councilman Pittenger: I question the figure about how far a car is going to go without service. I think the State Highway Patrol trades a car in at 35,000 miles and at 60,000 miles a car needs major service. I do not think you can go that far without pretty much need of major repairs. I think we should get this lease thing developed and possibly check with the Highway Patrol and see how they come out on it. Mayor Mottinger: • Councilman Pittenger: our cars but I do not think we Our contract runs out at the end of December and we don't want to find our- selves without cars. We'll have a study session Monday night of next week and we can go over this then. I am not against the purchase of should figure these going 60,000 miles. Mr. Aiassa: After July 1st we can summarize what six months operation is going to look like and then carry on to December or terminate and attempt leasing them again if the cost of owning them is out of line to leasing cost. I have never leased cars, but cars that we have purchased have been operated economically. Mayor Mottinger: Mr. Aiassa: Councilman Barnes: Mr, Aiassa: Possibly there is an error in your surmise we are going to go that far. It would seem to me actual mileage was running to 40,000. The figure I gave could be high. Some of the Police cars are not doing traffic duty as much as others do. You have some rural areas to patrol in other areas. That's true. Councilman Heath: What is the delivery on these cars? C. Co 11-24-58 Page Eleven STAFF AND POLICE CARS - continued • Mr, Aiassa: Thirty days. Councilman Brown: When we used to buy our own cars before, they lasted less than 9 months - by this time they were completely gone - and they averaged over .08 a mile to operate. Nine months will put 40,000 to _45,000 miles on them. I would suggest a lease plan so long as it is under .08 a mile. This was our experience at.one time and I do not see how it would have changed today. Mayor Mottinger: I believe we can discuss this further at next Monday night's meeting and we can adjourn this meeting until.that time. I would now call for an adjourned meeting next Monday night at which time there can be a decision on this matter, UP AR T NGS ZONE VARIANCE NO, 243 •South Hills Baptist Church Rev. Lee Thomas DENIED parking uses in Zone R-A. LOCATION: 424 S. Lark Ellen Avenue, between Leaf Avenue and Walnut Creek Wash. REQUEST: Church School Uses, to include kindergarten and elementary school and related administration, playground and Denied by the Planning Commission Resolution No. 661. Mr, Flotten stated that a letter of appeal was in the file from the South Hills Academy, dated November 6th and this matter had been set for this date as the earliest possible time for hearing. Notices were published in the West Covina Tribune on November 13, 1958. The Resolution of the Planning Commission 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, IN FAVOR Mr, George Pike, Attorney 121 Monterey Avenue E1 Monte Clerk and ask if he will I am here as the attorney and spokesman for all of those that have applied and been an applicant for this variance. I would like to hand a communication to the members of Council and to the City read it to the Council. C. C. 11-24-58 Page Twelve • ZONE VARIANCE NO. 243 - continued • Mr. Flotten presented and read the communication, dated November 21, 1958, signed in the name of Board of Trustees, Lee Thomas, J. A. Baltzelle, James N. Dunham, Paul R. Adkins, S. Tracht, Helen Whittaker, S. E. Harris, which in essence requested that the request for variance and any privileges granted by Council be carried forward henceforth and lodged in the name of the South Hills Baptist School and its trus- tees whose signatures appear as signers of this communication. Paul Adkins, Superintendent of the South Hills Academy, is Chairman of the Board of Trustees and official leader of the school and the Trustees are a body of individuals_ selected and approved by the congregation and voting members of the South Hills Baptist Church to decide and carry on the affairs of the Christian day school under the name of South Hills Academy. Mayor Mottinger: Do you mean by this that you are asking that the applicant be changed from the original status as presented to the Planning Commission? Mr. Pike: The purpose of the letter was go give it the best concrete form; that the application was being made by a responsible group of men for the benefit of the church and that the administration would be carried on by those six people, but in a non- profit form, for the benefit of the church..rather than in the name of Lee Thomas, and would be responsible for committing themselves in re- lation to whatever possible arrangement could be made. Mayor Mottinger.: What about this, Mr. Williams? Mr. Williams: The application on a zoning matter pertains to the property and not the individual. This probably amounts to a name change of the applicant but it seems this is more proper than when it was in the name of Lee Thomas for the Baptist Church. Where a non- profit organization has been formed for the purpose of conducting a school, this is a more proper application and this letter transfers the application from Thomas's name to a Board of Trustees. The applicant you are now about to hear is the.Board of Trustees of the school. If it is granted it could be granted on the condition that so and so operate it. I do not think there is any objection to the transfer of the name of the applicant as zoning pertains to land and not to the individual filing it and as long as the applicant has a legitimate connection with the property, and this would seem to show a legitimate connection with the property, there could be a substitution for the name of the applicant that had been filed in the first place. IM • Co C. 11-24-58 • ZONE VARIANCE NO, 243 - continued Page Thirteen Mr, Pike: I haven't seen a case in which the applicant and all those interested in the matter have tried r6o hard, although we have made fumbles and have erred, to find a way in which to come into agreement with the City. It seems that everything we have said or done has become an unhappy event to someone or made someone dis- pleased. We hope it has not been so and if offense ha,s been taken we would extend our apologies because it has only come from a sincere desire from so many people to try to accomplish one thing - to carry on a. Christian day school. Many -people had their own ideas and their own approaches to the situation in the goal of trying to find a solu- tion to this problem and with the belief and opinion this land is rightly, properly and genuinely suited for a limited school use; that it is land not suitable for R-A, as it is -now zoned, nor suitable for R-1 under the condition of a variance granted for a church proper on the front 22 acres, with variance for a pre-school nursery on the back portions There would seem to be these two facts essential to the condition of variances on it so that it is no longer useable for R-1 and also the fact that we have expensive school building of a. Class "C'• which is suitable and designed for occupancy of more than four hours school per day. The use of those and the land use tied into that portion will be only partially used and it can only be used'fully by granting this under some limited conditions of the variance we have sought so long to obtain. With reference to the back property Mr,-Whitenall, in the old pre-school nursery case, found on special investigation that the easterly portion was not suitable for R-1 because of the economic and physical factors of it, although R-1. may be feasible for the very end - an acre.., How- ever, in pure logic and in open minded consideration, this requested use is suitable and a proper way to solve the handicaps of the property. There have been objections to this being next to R-1, next to homes, but it is true of all private schools in West Covina and most of the City schools are here along the Wash or in between or alongside homes. We have built our fence which would additionally buffer the area. inso- far as offensive sight of children or whatever other reasons and there will be additional landscaping to make people feel they are not being troubled. I believe that there is physical proof from engineering data that shows that noise is not really a factor. Movement and control of the students can bring that down to a minimum, and not over one-third of the students would be upon the grounds, when they are using it for various reasons, at any one time. Under the conditions of a maximum of 200 students this year, with present enrollment of 162, there would be a very small number of persons present. We,had'a test of 170 students, with parents and cars, going into the area and it was found that additional noise was lower than the surrounding level noise and would not be a detriment. A •Co Co 11-24-58 • 0 ZONE VARIANCE NO, 243 - continued Mr, Pike - continued: Page Fourteen With reference to the traffic, the church is substantially and essen- tially committed to the completest development of the front area. There were agreements relating to that at about the same time the fence was arranged for. We are still committed to the front develop- ment and off -lane. There is plenty of parking within the school zone grounds. There were about 40 cars for the 170-pupils that came by. If you double that there is still more than enough for parking and those cars only arrive and leave at given times and their arrival does not conflict with the elementary school hours. I believe a crossing guard is the recommendation of your Planning De- partment and the Board of Trustees would commit itself to that program. With reference to the dust, no doubt there has been dust and at times past we have annoyed some of our neighbors when cars sought to go out Leaf Avenue. We would commit ourselves to black -top or gravel the area to remove the dust. Dust is only a temporary condition. We are willing to do whatever we can do in order to carry on our school beyond these present properties and ask the request be granted under whatever terms and limitations the Council chooses to grant this under. Rev. Wittlinger I am the Minister of the church which St, Martha's Church is next door neighbor to this church, 520 So Lark Ellen Ave. I believe very strongly that the people should be allowed to have this school for one reason, and.that is, that it is a tradition in Roman Catholic Churches, Baptist Churches, Lutheran Churches, and in my own church that education is a normal part of church life and not an added attraction but a normal part of church life. We have considered it so. I had a, word to say in relation to not being in favor when the request was asked for a church here, but now that the church is here for you to indicate what a church may do as a normal part of its life as a church is to take a serious step when this step goes contrary to the rule of the church which is education. It is only in recent times that the church has not assumed education of people. History shows the church in relation to education and on this one consideration alone I feel very strongly that as a parish priest and as a neighbor of these people this should be allowed in order to fulfill the normal function of a christian congregation, with Sunday School and day school as a full time education to christian living, C. C. 11-24-58 Page Fifteen • ZONE VARIANCE NO. 243 - continued IN OPPOSITION Mrs. W. Clark In the absence of Mr. Twomey I would 1440 Sunset Hill Drive like to read a statement and act as West Covina spokesman for the property owners in the immediate area. We do not question the value of any school in the community, but we feel that the property is unsuitable for school use. The school activities would be very close to residential property. It is a narrow piece of property, and I,do not believe that you could in any way alleviate noise to houses less than 40 feet from the parking lot. This request would bring in a problem which will exist six days a week if there is a school function with the church, and the privilege of privacy and property value would be taken away from us. This use, to be practically built on top of homes has little regard for either the legal or normal uses in the City. We bought in R-1 and felt we ha,d some protection in that respect and unless this is denied other people who wish to buy homes in the City would no longer buy here. is of feel the grandiose plans that were presented are not in the interest of the area or in the interests of the traffic problem or noise which will be magnified many times with this use here. If this request for school had been handled in a normal manner it would have been denied. It seems to us,,in this case, an injustice that a. group of taxpayers should be burdened upon to "pay the piper" for the misadventures of this group. Mr. R. Hills I live within the posted area of this 409 S. Lark Ellen request for variance. West Covina. During the time that this matter was before the Commission, which was at their hearing and certain presentatiops made,at their meetings of October 29th and November 5th, there were many changings of mind by those in favor. First, there was a, definite stand in relation to the economic need for a minimum of 300 students, despite the recommendations of your Planning Department; then there was a letter presented indicating willingness to accept the maximum number of 200 students on the present acreage and abide by the recommendation of 80 students per acre on future use. At the meeting in which the Commission rendered their decision a, communication was read from Dr. Thomas, although it was not considered new evidence, asking that permission be granted to occupy the school for the rest of the school year. This letter was to take precedence over any and all previous written or verbal requests then pending before the Commission. . C. C. 11-24-58 Page Sixteen • ZONE VARIANCE NO. 243 - continued Mr. R. Hills - continued: The children involved are now being taught at temporary quarters, and the mid-term is not too far away, at which time they can, if it is so desired, be placed in the public schools to finish out the remainder of the school year. To render any decision that might allow them to open up their school for the balance of the year would only give them a "foot in the door" and the danger of this being dumped into the laps of the City again before the start of a new school term in the Fall. I say this because I feel there has been a great breaking of faith and a basic lack of integrity with the surrounding home owners, and with the City, through this whole thing. This piece of land was originally termed a problem piece of land. I believe it'may have been, but only in part, and that part has now been brought up to parity with the surrounding area. by the construction of the church. However, the area for which this variance is requested is not a problem and it does not have quite the same problems of grad- ing, fill and shape so that it could not be made economically feasible for R-1. I base the idea on the understanding that there has been, or might be, a parcel set aside for possible residential use of some type near Leaf Avenue. If even just one residence can be considered feasible on this requested portion, there can certainly be others. The request for a, variance of the zoning ordinance has been based partly on the fact that the land was just not economically suited for uses now in the surrounding area. I donIt believe this to ,be so, and any hardship that may look to be created here has been due to the actions of the applicant. In the matter of traffic, it has been brought out at other hearings that the street could carry more traffic than it does now, but this has very little to do with the problem. The entrance to this area is so close to, and so much below, the level of the narrow two lane bridge over the Wash that it would be entirely impractical to attempt to place crosswalks, crossing guards or other types of co -called safety features designed to protect pedestrians and cars entering or leaving the pro- perty. Any changes in the bridge or road itself are at least 5 years, or more, away. This statement was made at one of the previous meetings. Entering and leaving private properties that have complete visibility for great distances both ways present hazards which we should not inflict here where visibility to the south is so restricted and when a use adds traffic hazards at a time of peak traffic use. I live not more than 200 yards from the bridge and there is a good many mornings that I have to wait while traffic goes both ways before I can get out of my driveway. Co Co 11-24-58 Page Seventeen ZONE VARIANCE NO, 243 - continued • Mr. R. Hills - continued: Ordinarily, when school use is requested for a piece of property, the City requires as much buffering from surrounding homes as the entire width of this piece of property. I would also state that this would now give a seven day use of the Property which would be extremely unfair to the surrouning property owners and there would hardly be a single day, or night, in which the home owners could enjoy their homes and yards in the manner anticipated when they bought them and have enjoyed for five years. Mr. Bloom 229 So Myrtlewood West Covina the Planning Commission from all over, not just and there would be more already have a problem. I would like to bring out one point. It. is unfortunate that this matter of Leaf Avenue comes up again. We have been trying to get'a crossing guard at Holly Oak, Stuart and Azusa and as Pointed out this church school has children from within the City like the public school, traffic coming in through the area where we I hope Council might give us a crossing guard at our area, ,& REBUTTAL Mr, Pike: I would point out that use of the pro- perty for one day a week is hardly a and that when the church says thatlitnhopesptotusesitoforhtherresttof the week what it is trying to do in land use terms is to say it has a. real point to bring to you to ask a more complete use for this property in which you all know we have invested considerable money in buildings, improvements and other matters. The objections are not new as they have been stated here. We simply believe they are exaggerated and that they are not serious and material. The adjacent land owners would.like to believe this land was not there, they didn't like it when it was, nor the dump conditions, and they would like to believe that it wasn't there again. There has been no objections with what we have done with the church property. The initial applications here were based on 21 acres. The reason additional lands were mentioned and referred to was simply this. Your City said, we would like to know what your hopes are. What you Ewould like to do. So we sought to phrase our petition including verything possible, C. C. 11-24-58 Page Eighteen OZONE VARIANCE NO.,243 - continued • Mr. Pike - continued: Our last communication was to show that at least if the 21 acres is too small there was an acre,,. plus, available. It would still be consistent with the Planning Directors ideas and he did not view it lightly and meant it when he thought it was a suitable use and could have suitable limitations. Whatever we have asked for and whatever we have said we could do, you can limit. Spell out what is acceptable as to manner of using this property more fully in the terms of a school use of it. Whatever terms or limitations you might feel would make this acceptable we would abide by. There being no further testimony, the hearing was declared closed. Councilman Heath: Mr. Flotten: Mr. Aiassa.: Councilman Heath: Mayor Mottinger: we could find statistics in the Do we have any record of how many people were objecting to this? All we have is the folder from the Planning Commission.. I believe you have something on that in the Planning Commission minutes. If there: is not enough people in the area objecting to this, or not taking time to protest it, evidently they are not in objection to it. Actually, I do not believe that has a. major bearing on the matter. Objections were voiced by apparently three, although record on that. Councilman Heath: I think it has a great bearing on the case. If people in the area are not in objection to this and with other things considered favorable, it has a. great bearing an it. These other points brought up, traffic and so on, could be gone over but I think they can be resolved. Mr. Flotten: Seven people in objection were on the original application. Councilman Heath: I think rather than take the time if I recall there were seven and although this may be incorrect I believe three or four withdrew. Only one withdrew? That would leave six. Rather than waste any more time I believe I have enough information to answer my question. Ca C. 11-24-58 Page Nineteen • i ZONE VARIANCE NO. 243 - continued Councilman Browne I see no playground areaon your plan. You are going to have 200 students and no place to play? Mr, Pike: Easterly and southerly side of the land behind buildings. Councilman Brown: Plan shows parking area to the east, Mr, Pike: There is now but there is still 100 feet at the easterly end with width of the property making a playground area - We want to make it as far,to the south as we can and easterly of the black -top area.. Councilman Brown: That isn't on the plan. This is supposed to be precise as to what you are going to do with the property, parking spaces, buildings. You said at no time would there be any more than one-third of the children outside for outdoor activity. Mr. Pike: It could be so designed and planned that it could be done, Councilman Brown: What about lunch periods, Mr. Pike: That could be staggered also, Councilman Pittenger: I would like to make a, reply to the Reverend Wittlinger that the City should not deny churches the right to conduct schools and that Council should not presume to tell a church whether it can conduct a school in conjunction with the church. The thing we are discussing is a school on church property, a private school, in relation to surrounding R-1. It was mentioned at the Planning Commission that schools are put in R-1 property, they are surrounded by R-1 property but that they are usually public schools and service the area immediately around there. I looked at the peti- tion signed by the people who want this school and found names in Pomona, La Puente, Covina., Mostly names were from West Covina but there were many other names from surrounding communities so that people are coming into this City to use this school and I do not think it is the obligation of the City Council to provide a school for other communi- ties, to the possible detriment of surrounding property. I sat in on the Planning Commission meetings on this and anything said here would not change the fact there would be a noise factor and there would be a traffic hazard on Lark Ellen,and at the church variance these matters were also mentioned. That still is so. I thought the church was a good use as the church operated on Sunday, and the high school and Cameron School operated during the week and I felt there would be no increase in the two factors mentioned with a church use here C. C. 11-24-58 Page Twenty • ZONE VARIANCE NO. 243 - continued Councilman Pittenger - continued: with limited use and not necessarily on.school days. However, when you put a school here for 300 students and the people involved all going down or up Lark Ellen Avenue with a 26 foot wide bridge, and when it is to be fixed is a matter of conjecture, then it is a differ- ent matter. You have more traffic, more noise and then the size and shape of the property. I can look at that map and find it would be an inadequate arrangement to have a school here. Perpaps only six people objected to this, but how many houses abutt up to this, maybe a dozen, but I believe everyone would have cause to object before this would get done. Acknowledging the economics, they ca.n't, operate with 200 children then there would be a request for a larger number of children and you would soon have as many children in that area, say 500, which is as many as Cameron School or Sunset School were built for originally and which is on a 10 acre site. This is what the State recommendations are and I do not think that Council is in a position to grant this when they know it doesn't fit. Regardless of how many people signed for it, 130 or 20309 if it is wrong it is wrong and it is up to us as a Council to do what is right for the City. I sympathize with these people, with the children, and I think they were misled as to how this Academy would operate, but if this was granted as discussed at the Planning Commission on a temporary variance it would be prolonging the agony. I do not think it is our place to do it. Mayor Mottinger: The suggestion has been made by'some of the parents that possibly a temporary variance might be granted so that the school could be operated for the balance of the school year and then their variance would term- inate at the end of the school year and permission would not be granted for any further utilization of that property. If we felt so inclined to do that, would that prejudice our situation and make it untenable for subsequent denials if that should arise? Mr. Williams: It would have some bearing on the sub- ject because finding of hardship that would require granting of the variance is hardship relating to the land and not to the situations individual persons have gotten themselves into. However, I think if you did that you could eliminate any substantial dangers of getting -yourselves in the position where you perhaps could not later deny it if one of the conditions.of the temporary variance is a, signed acceptance of the conditions imposed, including a statement that this will not be used in any subsequent or legal proceedings as grounds for subsequent requests for a variance and would be only granted on those conditions. It would have to be a variance with a time limita- tion. �C. C. 11-24-58 ZONE VARIANCE NO. 243 - continued Page Twenty-one .Councilman Browne Talking about a. temporary variance, I heard about class rooms, as inspected, tonight. So far as the City knows there are no class rooms there fit for students for every day use. These are listed on the building permit, -and signed by the applicant as Sunday School use only. I think there is a whole lot to look into. It was mentioned not to stop the church from having a school. At the time of the hearing of the request for variance on the church it was stated and was inquired into, there would be no school of this type here and if it ha.d been indicated I would never have voted for a church day school use here. Councilman Pittenger: Councilman Bfflomma I think that is right. a In this future administration building, have you any idea how soon you would develop this? Mr. Pike: If the Council limits this variance, indications would then be there would be no need for thos build- ings because there would be no justification for the additional in- vestment to be made in such a, structure for just a year. If there were hopes of further use beyond the year then it would be a matter of defining and limiting the use of such additional space. Mr. Williams' suggestion of the legalities of limitation would certainly be acceptable. Councilman Heath: In view of these facts brought up, many are legitimate and in all possibility this is not the best environment for a perman- ent school, that is true. Whether the school is adapted to a day school I think is a question that ca.n be answered in that if you hold Sunday School in there it is a good indication that there can possibly be day school use. However, I think we have some people now who find themselves in a predicament, not through their own doing but through some misunderstand- ing. Theyare trying to educate their children and I do not believe their education should be interfered with. I think we should work out some compromise and perhaps we could give a temporary variance and have a definite committment from the Trustees of the school that when June came around they would not ask for renewal. If that could be taken care of I believe we could resolve the problems such as traffic, dust, etc. We can't do much about the noise but we could limit the number of students there and perhaps come to some compromise where these people could have this use until June. Councilman Pittenger: That may be the easy way to do it but I do not know whether we should take the easy approach. If we granted this under any conditions I think we would find it very difficult to take it away. Now they do not have the right to use the day school, but once you grant it it may be hard to take it away from them. C. C. 11-24-58 Page Twenty-two ZONE VARIANCE NO. 243 - continued Councilman Barnes: If we had a specific date and they signed that, they would request no further variance? Councilman Pittenger: They can appeal it every month. They changed the name of the group tonight and there would be nothing to keep them from doing it again. Whether they signed anything or not they could come in under another name. Mayor Mottinger; I feel very strongly that this area is too small to operate a school and I am speaking on the basis of my experience with public schools. The State certainly prefers 10 acres for a school of this size or if such a size is to be attained. Councilman Brown mentioned it, and I wish to emphasize it because I know I was instrumental in getting approval for the church. If I had known at that time that the application was going to be for a day school I would not have voted for approval at that time. It was not understood, nor was it concerned about, that there was going to be day school on this property. We have other churches in the community that have similar type of class rooms. It was mentioned that the application for a building permit stated that the building was for Sunday School only and that is the reason there was no investigation made by the City at the time of their construction. Other churches have similar buildings and they could be used in a similar way if so desired, but they would have to get proper permission. I think that we can be treading on very dangerous ground in setting a precedent. I brought up this subject because I am concerned in the interests of the people who are enrolled in the school and I would do everythirg possible to help them out for the balance of the school year, but that is the reason I brought up precedence if we granted a temporary variance. I do not know whether Mr. Williams has given me the full confidence of being on safe ground or not. Councilman Barnes; I would like to see the parents be hz= for the remainder of the year be- cause they were misled in this matter but if it would establish a precedent on this piece of property I would not be in favor of it. This is the one thing I would want to be very sure of saying, that the date was June 20th and would be only to that ISday, and the variance would end there and there would be no further seeking for variance on this property. Then I would like to go with it if I could be sure that would be the case. But I do not know wh�thet it would be or whether they would make another application. C. Ca 11-24-58 Page Twenty-three • ZONE VARIANCE NO. 243 - continued Mr, Williams: There will be a change in the law between now and June 30th. It was recommended by the Planning Department and approved by the Planning Commission that church and school uses not to be assigned to specific zones any longer but may be permitted in any zone only on the granting of conditional use permits That would mean it would not be a variance but an Unclassified Use Permit which would have to be sought and the grounds for that will be different than that of variance. I feel that in granting a temporary variance that if you find grounds to exist today how can you find grounds not to have it exist next June? Council would have to make findings of a two -fold nature in that facts exist now but will not exist next June. However, I think it is a.t least reasonably possible to keep danger to a minimum,, but I can.°t'say there is none. I think someone could file this application and someone could contend that you found unusual circumstances with no adverse effect to the property and that the situation is no different, in fact it might be better, so how can you find to the contrary now? Councilman Brown: I can't.help but feel sorry for the children involved but in talking about getting a release on the zone variance so as not to hold it against the City after a certain time, I want to bring out, you have four changes now and there could be a fifth one next week, Councilman Pittenger: I think Mr. Williams said if conditions exist now for granting this why wouldfl't that same condition exist: then in June? It's been said public schools in West Covina are crowded and on double sessions, but West Covina has very little double sessions and if these people want their children in small classes now they will want it next year and won't want to place them in the public schools. The use of the property is not right for a school site. That was what the Planning Commission recommended in the first place and I think it is right. Motion by Councilman Pittenger, seconded by Councilman Brown that Zone Variance No. 243 be denied. Motion passed on roll call as follows: Ayes: Councilmen Brown, Pittenger, Barnes, Mayor Mottinger Noes: None (f ��y{ Absent: None Iv, U'�C Councilman Heath 7 from voting, IsMayor Mottinger called a recess, Council reconvened at 9:35 Po Me o n 1 C u ci man Pittenger did not return to the Chambers for the remainder of the meeting, Co Co 11-24-58 Page Twenty-four A LJ • Is RECREATION AND PARK TEEN-KAN-TEEN Recreation and Park Commission recommends that the City Council grant permission to the Teen -Kan -Teen, Incorporated, to proceed with construction of the foundation of the foundation of the Teen -Kan -Teen building at the designated area. in Cameron Park, contin- gent upon the approval of all plans by the affected City Departments and by legal procedures determined by the City Attorney, and with the stipulation that all construction costs and the completion of the foun- dation be assured by Teen -Kan -Teen, Inc. Upon completion property is to be maintained and operated by the City, Mr, Williams: I think this could be done under a simple permit from the City Council which would permit the Teen -Kam -Teen, Inc. to con- struct this improvement on City property subject to the conditions that the plans be first approved by the City Council; that they bear all costs and do it on a, cash basis so there would be no question of .labor or material not being paid for and possible filing of lion against the City; post a notice of the non -responsibility of the City in that they are not doing the.work and are not responsible for the cost; and the possibility of requiring some kind of a bond to guarantee completion. I am thinking about the matter to guarantee a structure so that it isn't half built and enthusiasm anal/or funds run out and it is left that way. I'do not see any particularly difficult legal problems. I think it is to indicate our advance willingness to accept the gift providing it corresponds to approved plans and is suitable -to the City and this being so they can erect.a gift on public property. Mayor Mottingera Could we pass a resolution stipulating these terms? Mr, Williams: It would be more precise to do it by resolution. Councilman Brown: I think we should take.this piece-mea-1 as they have funds. I understand" that if they put in the foundation it will be used for a dance floor, and other activities. I would rather take it on a step-by-step phase and any use -that the City gets out of it as a gift it is still a gifts Why put the added cost of a bond on this? Councilman Barnes: I would put this in phases and have this first portion which they want to start an January lst or sodh after, to be for the foundation only which is to be used for various recreational things and then at some later time come in for a resolution to cover certain portions of the building after that. They might not be able to complete the next phases -0C. C. 11-24-58 0 TEEN-KAN-TEEN - continued Mayor Mottinger: Councilman Brown: Mr. Aiassa: not let them start on the it reasonably. Page Twenty-five I think the crux of the situation.is that no liens be made against the City property and we want to be assured of that protection. I think we should just get a guarantee at this time of getting the foundation. 'What you can do is to carry this matter on a three phase project and as one phase is completed accept it, but do second phase until they have the money to do Mr. Madott: As fast as we go along we will have money to pay for it and won't go ahead other- wise. Mayor Mottinger: It still might be in order to go along the lines of Mr. Williams thinking but leave the bond of guarantee out of it. Mr. Williams: I do not think the bond would be neces- sarily a legal requirement but I men- tioned it as a. practical matter to pre- vent any possibilities. However, it might be well to have the plans and entire structure picture before beginning any construction. Mr. Madott: We are having plans done for the complete thing and expect to have them within the week, or possibly two, but the only thing we have in mind tonight is the slab, Mr. Gerschler: You have a complete descriptive veri- fication of plans, in addition to model, size, shape and type of architecture. What is lacking is engineering calculations necessary for detailed con- struction. So far as describing how it looks, the materials, etc., I think you have that in the drawings. Mayor Mottinger: What is the desire of the Teen -Kan -Teen this evening? Would you wish us to indicate some action on it? We could put this in the form of a resolution but it would take the City Attorney more than few minutes to do so. However, if we indicated that such a resolution would be passed as soon as the proper form is established, is that your desire? Mr. Madott: It.would be suitable to us for you to istake action on that basis. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the City Attorney be instructed to prepare a, resolution granting the Teen -Kan -Teen permission to complete the foundation in Cameron Park. C. C. 11-24-58 Page Twenty-six PUBLIC HEARINGS CONTINUED 4 PROPOSED AMENDMENT NO. 26 Proposal to amend Sections 1200, 1705, City Initiated 17069 1707, 1708, 1709, 1710, 1711, APPROVED 1712, 18011 1802, 1805, 1806, 1810, 1811, 1812, 1813, 1814, 1815, 1900, 1905, 1908, 2100, and 2300 of Ordinance No. 325, the Comprehensive Zoning Ordinance. Adopted by Planning Commission Resolu- tion No. 662. The City Clerk stated that 'notice of', this hearing was prow rly published 'in thb West Covina:Tribune on November 13, 1958 The City Clerk stated that this matter was properly posted November 13, 1958. Mayor Mottinger opened the public hearing. There being no tes- timony presented, the hearing was declared closed. The City Attorney read over the various points and changes indicated in this proposal. Motion by Councilman Brown, seconded by Councilman Barnes and carried that Proposed Amendment No. 26 (City Initiated) be approved as per the recommendations and that the City Attorney be instructed to prepare the proper ordinance for introduction. PROPOSED AMENDMENT NO. 27 Proposal to amend Zoning Ordinance City Initiated No. 325, by amending provisions pertain - APPROVED ing to the various multiple family zones (Zones R-2, R-3a, R-3b and R-4), includ- ing the regulations of permitted uses, size, height and location of buildings and other elements of their physical design. Adopted by Planning Commission Resolution No. 663. The City Clerk stated that notice of this hearing was properly published in the Nest Covina Tribune on November 13, 1958. Mayor Mottinger opened the public hearing. There being no testimony, the hearing was declared closed. Motion by Councilman Brown, seconded by Councilman Heath and carried that Proposed Amendment No. 27 (City Initiated) be approved as per the recommendations and the City Attorney be instructed to prepare the pro- per ordinance for introduction. CITY CLERK'S REPORT CONTINUED ACCEPT SEINER FACILITIES LOCATION: Lolita and Thackery Streets. Tract No. 24139 APPROVED Motion by Councilman Brown, seconded by Councilman Heath and carried that sewer facilities in Tract No. 24139 be accepted and authorization 4 C. C. 11-24-58 TRACT NO. 24139 - continued 0 Page Twenty-seven be given for the.release of Fidelity and Casualty Company of New York Bond No. 81181746 in the amount of $3,000.00. ACCEPT SEWER FACILITIES LOCATION: Holly Place, Indian Summer Tract No. 21631 Avenue,.Herring Avenue and Susanna Avenue. APPROVED Motion by Councilman Brown, seconded by Councilman Barnes and carried that sewer facilities in Tract No.. 21631 be approved and authorization be given for the release of Seaboard Surety Company Bond No. 522430 LA in the amount of $6,550.-00. ACCEPT SEWER FACILITIES LOCATION: Cameron Avenue, Eddes Street, Tract No. 21479 La, Serena Drive and Los Cerrilos Drive APPROVED Motion by Councilman Barnes, seconded by Councilman Brown and carried that sewer facilities in Tract No. 21479 be approved and authorization be given for the release of Continental Casualty Company Bond in the amount of $27,700.00. • SEWER PETITION Fircroft and Vine Avenue Sewer District HELD OVER TO ADJOURNED MEETING OF DECEMBER 1,1958 There are 9 non -validated signers, rep- resenting 56% of the total district. It is recommended that the petition be presented to the City Council on November 24, 1958 for referral to the City Engineer for proper report with the suggestion that it be added to the existing District A'11-58-1, provided that it will not in any way delay completion of the original district. Councilman Heath: As you know, in the last meeting I questioned why one block in the district was not included. I spoke to a couple of people in the area and they said the original petition that came around was dropped off at one person's house one night and picked up the following night and it went on its way and never did get back to that area, so it was thought that the block did not want to be in the district. They got up petitions and since that petition more people have voiced that they wanted to go in on that block. Councilman Barnes: The City Manager was going to have a report on the portion of this district on Lark Ellen. I have called the City Hall to see if an easement between houses to Lark Ellen Avenue could be acquired by the City, in that this particular district is City ini- tiated, going back 16 lots behind the homes on the east side of Lark Ellen, just in case something else happens and I have to use a tract aC. C. 11-24-58 • SEWER PETITION • Page Twenty-eight map on that portion of the property. I,think an easement should be required because it is pretty hard for an individual to acquire an easement as this property can't be".sewered to.Merced, it has to be, sewered to Lark Ellen. It may be a shallow sewer but I would like some sort of an easement to come out between properties to Lark Ellen Avenue. There is no developer who will take it without such an ease- ment and to require an easement of people who are not interested, they just do not want to give it. I think an easement should be required. I would like to see this done before this district is resolved. Motion by Councilman Barnes, seconded by Councilman Heath and carried that Sewer Petition on Fircroft and Vine Avenue Sewer District be held over until the adjourned meeting of Council pending report to be sub- mitted at that time. SEWER PETITION California Avenue and Crumley Avenue REFERRED TO CITY ENGINEER Sewer District 206 non -validated signers, representing 65% of the total district. Motion by Councilman Barnes, seconded by Councilman Brown and carried that the petition be referred to the City Engineer for proper report. CITY CLERK'S REPORTS PLANNING COMMISSION METES AND BOUNDS LOCATION: Northeast corner of Orange SUBDIVISION NO. 135-150 Avenue and Puente Avenue E. Ruelle APPROVED 0.80 Acres - 3 Lots - Area District I Maps were presented and the recommendations were read as follows: 1) That all the conditions specified in the Planning Commission Resolution No. 567 be complied with. 2) That the required street improvements include those portions of Orange Avenue and Puente contiguous to subject property. 3) That driveway turnarounds be required on Lot No. 3. Motion by Councilman Brown, seconded by Councilman Barnes and carried that Metes and Bounds,Subdivision No. 135-150 be approved, subject to the recommendations of the Planning Commission. ,• Co C. 11-24-58 Page Twenty-nine • RECREATION AND PARK - CONTINUED AMENDED PARK ORDINANCE Motion by Councilman Brown, seconded by NO. 390 Councilman Barnes and carried that the REFERRED TO CITY ATTORNEY City Attorney be instructed to bring in the necessary ordinance of the changes as recommended by the Recreation and Park Commission pertaining to Park Ordinance No. 390 Mr. Aiassa> Perhaps Council could review this and if they have any comments in the matter of changes, Mr. Williams could make those changes before he brings in the final draft. GENERAL MATTERS ORAL COMMUNICATIONS MRS. VAN DAME BUSINESS FLY-BY-NIGHTS There are people in business in West IN WEST COVINA Covina that are fly-by-nights. How come you give permission to these people to operate and you don't get their home address? You only are interested in the business address. They have no street address, no home address, and you can't check on them even though money is involved. When you give a business permit I think you should get a home address. Mayor Mottinger stated there might be a point here and Mr. Flotte n stated he would check on the situation. CITY CARS Why do we want 10 cars when we only had 9 last year? Mr. Aiassao The extra car is to replace one car-W in the pool which was transferred to the Fire Department. Mrs. Van Dame: Who has come up to the height that he needs a car?' Mayor Mottinger: No one is coming up to any height but there is a problem in the performance of functions in the City that this need has arisen. Mr. Aiassao The Fire. Department budget had an amount for a new station wagon for the Battalion Chief but we gave him one of it the older cars and they repainted it and fixed it up and now we have to replace that one for the service pool and use of staff. O C. C. 11-24-58 Mrs. Van Dame: • 9 9 the schedule of pick-up two weeks. Page Thirty I would commend and congratulate you on the wonderful work the street sweeper has been doing. He has been following days and has been very regular for the last HIGH SCHOOL AT They are planning to put a high school AZUSA AND CYPRESS on Jobe's property and I certainly do not think that is the best place for such a use. At one time Azusa was con- sidered dangerous in relation to traffic for business to be on it and now they are going to put this use in up there. RAISE IN SALARY I think that Mr. Aiassa has proven that FOR MR. AIASSA he is entitled to at least half his salary in addition to what he is getting. He is a fine man who can do his work well and I think he should have an increase in salary. CONTRIBUTION BY CITY Mr. Flotten stated that he would like to EMPLOYEES TO UNITED publicly commend the employees of the COMMUNITY FUND City on behalf of the United Community Fund for their most generous contribu- tions during the recent drive. The amount of $1,478.00 was collected from the employees which averaged about $1.0.00 per person. WRITTEN COMMUNICATIONS LETTER FROM FRANK G.BONELLI Mayor Mottinger stated that it should REGARDING STORM DRAINS be made a matter of record that members of the City Council had received copies of the communication from Frank G. Bonelli regarding storm drains. SCHOOL CROSSING SIGN AT Mr. Bloom stated that the present sign INTERSECTION OF AZUSA AND was placed in such a way that right STUART AVENUES turning traffic was not aware of it nor REFERRED TO MR. DOSH was its visibility particularly good from any point. Mr. Bloom suggested the possibility of a triangular shaped sign or a different placement. Mr. Dosh was requested to investigate this matter. C. C. 11-24-58 CITY ATTORNEY • ORDINANCES SECOND READING ORDINANCE NO. 605 Abandoning and Terminating Annexation No. 157 ADOPTED Mayor Mottinger: Page Thirty-one The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ABANDONING AND TERMINATING ANNEXATION NO. 157". Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Brown, seconded by Councilman Barnes that said Ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Barnes, Mayor Mottinger Noes: None Absent: Councilman Pittenger Said Ordinance was given No..605 RESOLUTIONS RESOLUTION NO. Requesting the State Highway Commission HELD OVER UN L E ULAR to restore a portion of State Highway MEETING ON DECEMBER 8, Route No. 62 and to relocate State 1958 Highway Sign Route No. 39. RESOLUTION NO. 1472 The City Attorney presented: Widening of existing "A RESOLUTION OF THE CITY COUNCIL OF San Bernnardino Freeway THE CITY OF WEST COVINA, CALIFORNIA, to eight lanes REQUESTING THE STATE OF CA.LIFORNIA, ADOPTED DEPARTMENT OF PUBLIC WORKS, TO EXPEDITE THE WIDENING OF THE EXISTING SAN BERNARDINO FREEWAY TO EIGHT LANES THROUGH THE CITY OF WEST COVINA IN THE EAST SAN GABRIEL VALLEY, COUNTY OF LOS ANGELES OF THE STATE OF CALIFORNIA". Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Barnes, Mayor Mottinger Noes: None Absent: Councilman Pittenger Said Resolution was given No. 1472. 40 C. C. 11-24-58 RESOLUTION NO. 1473 Naming "Palm View Park" ADOPTED Mayor Mottinger: Page Thirty-two The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA NAMING PALM VIEW PARK". 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, Barnes, Mayor Mottinger Noes: None Absent: Councilman Pittenger Said Resolution was given No. 1473 RESOLUTION NO. 1474 Adopting certain amendment to Precise Plan No. 17 ADOPTED Mayor Mottinger: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING CERTAIN AMENDMENTS TO PRECISE PLAN NO. 17.11 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, Barnes, Mayor Mottinger Noes: None Absent: Councilman Pittenger Said Resolution was given No. 1474 CITY MANAGER REPORTS DEED OF PROPERTY FOR VINCENT AVENUE EXTENSION (Robbins) HELD FOR MEETING OF MONDA.Y, DECEMBER 1,1958 the signature of the spouse L7 Mr. Williams was of the opinion that the title report was insufficient. It is signed by someone as guardian of a --- minor but there was no court order nor authorization of the guardian notarized. There also appeared to be a married person°s signature without added to it. C. C. 11-24-58 0 DEED OF PROPERTY - continued 0 n U Page Thirty-three Mr. Aiassa indicated that as long as this minor exists he would suggest this be tabled until Monday, December 8th. Mr. Aiassa stated this matter had been gone through twice and doubted if there would be much more results from this. Mr.Ckowley handled this for the heirs and suggested the matter be turned over to Mr. Williams to get provi- sions for the release for the minor, since all other parties are agreeable with the exception of the minor. In relation to the meeting with three property owners, Mrs. Hanifan, Mr. Aiassa indicated, had the greatest problem because we would be taking part of her chicken business which now helps her income. There was also the matter of R.O.W. of flood control for Walnut Creek improve- ment on her property and possible cash settlement for that could be reviewed with the Flood Control District. Mr. Aiassa stated that it was his thought that perhaps Verne Cox might review Mrs. Hanifan's property and give us some estimate as to what the cost of the service severance damage might amount to. Councilman Brown was of the opinion that prior to the suggestion being carried out in relation to Mr. Cox perhaps the City should see what the County is going to do on it. It was Councilman Brown's thought that if the County would go ahead and require the R.O.W. (for flood control) it would possibly take a large piece off of the property and. perhaps the County would be paying for most of the severance damages. However, it was thought that possibly it could be a matter that could be checked with Mr. Cox to give us an estimate of cost as to what was involved here and it would be a good aid for any presentations that might be made to the County. Councilman Heath questioned as to whether the evaluation by Mr. Cox would change after the flood control makes their "chop" out of the property. Councilman Brown indicated that sometimes the flood control buys pro- perty two or three years in advance and it might be something the City should work together with the County on. Mayor Mottinger indicated to go ahead with the matter of the flood control R.O.W. here and he was of the opinion it would cost the City nothing to get an estimate of what an appraisal would be (by Mr. Cox) on this particular matter. WATER CONTRACT Mr. Aiassa indicated this matter was WEST COVINA SCHOOL DISTRICT in relation to the water line to MERCED-ORANGE SITE Merced and Orange Avenue Park Site and desired to hear what Council had to say. about the approval, in the past, of $3,500.00 for this line. It was requested that if this was in order that he would like authori- zation to reimburse the school district and to negotiate a contract with the Suburban Wa.ter District for said amount. C. C. 11-24-58 Page Thirty-four 0 WATER CONTRACT - continued Mayor Mottinger stated that the school district put the water main in and sized it for the City to utilize the line in the park then to re- imburse them at_such time when the City wished to use the water line in the park. The amount was in the neighborhood of $3,500.00. Councilman Brown indicated that the school had bought a piece of what was park property but the school was ready for water before we were but there was not anything available in the immediate areaso they put the whole thing up and the City was to reimburse them in this year's budget. Mr. Aiassa stated that the question he had was how was the break down to $1,600.00 and.$3,500.00 made? The $3,500.00 was the City shares of the installation and the $1,600.00 was the West Covina, School District share, and wonders why there was the difference between school and City share.. Mr. Gerschler stated that the water company has some of the figures on this and it was pro -rated on usage. Mayor Mottinger indicated that apparently what he had stated confirmed Council°s remembrance on this matter and that Mr. Aiassa might get the remainder of the information from the water company. Mr. Aiassa indicated that it was evident that Council ha.d investigated this originally and he had not known anything about this particular matter so that he had wanted to check with Council. FRONTAGE ROAD MAINTENANCE frontage road and underpasses stopped by the problem that no road, it is a "no man°s land" Mr. Aiassa stated that he and Mr. Williams had talked with Mr. Telford on frontage road acceptance which had solved nothing except that a legal description of the is wanted by the City. The matter was one is doing maintenance on the frontage and'getting into a bad condition. The only thing that can be seen is to wait for legal description from the State which would have to be adopted by them by resolution and that we should have the condition to accept the frontage roads but not maintenance agreement. The contract of 1953 with the State has been adhered to. Mr. Aiassa presented to Council that if there are complaints on the frontage road condition, the only thing that might be done is that we do a little sweeping. Mayor Mottinger questioned as to whether there was any possibility of taking the stand that as a, matter of record any work we do (on the Itfrontage road) is not accepting the Freeway. C. C. 11-24-58 Page Thirty-five 0 FRONTAGE ROAD MAINTENANCE - continued Mr. Aiassa indicated that has no bearing on the matter but that Council is on official notice that the State Division of Highways had fulfilled all of the requirements of the contract of 1953. Mayor Mottinger stated that the statement might be true but that if it was made a matter of record that we would work on the frontage road now along the line of sweeping and maintenance but that it isn't accept- ing the frontage roads and underpasses, would not that serve City,'s purpose? It was indicated we are going to accept the frontage road, that we know, but it is a technical point as to where and how. Mr. Aiassa stated that in relation to landscaping, Pacific Avenue and Irwindale had,been left outcompletely and that even Mr. Dana. Bowers could see no reason why this was done. Councilman Brown stated that landscaping wasn't even spoken about in 1953 but that we have got a lot mae out. of them (State) than was in the agreement and that it was his thought that the City is almost at the point of having to accept the service road if the City would desire any more aid from them (State) again. Mr. Aiassa, indicated to Council that they do not have to accept the responsibility of the slopes, and that is one matter that should be given some thought because they are now in bad condition without Uproper landscaping. Also, the State can't relinquish the street under the Freeway. Another question was storm drains and it is not seen why The City is maintaining the storm drains directly under the Freeway when the State is not relinquishing those areas. Mr. Williams stated that Mr. Telford is willing to discuss a maintenance agreement separate from the obligation to accept into the City street system, the frontage roads and relocated City streets. They concede the merit of the City's contention that these should be adequately defined. There is no particular argument except in the area which involves streets that cross under the Freeway. Where there is a. cut there is a bank. The original position taken was City would only take the paved road. However, it was indicated by Mr. Williams that he did not think the City could adhere to that and that we would be forced to take the cut slope included in the street normal R..O.W. to where the City would have the bottom one-third and they would have the top two- thirds. They do not agree with the extensions of property lines. The,agremnt says we will take back the reconstructed City streets and the question is what do they mean from top of slope to the street surface or half way up the slope is required as part of the street. The difference is just one thing, difference in lack of agreement only on those particular streets where there is a cut and slope and how far up the slope and how far from curb line does City take. Does City take a portion of slope or total to the top of the slope? C. C. 11-24-58 Page Thirty-six O FRONTAGE ROAD MAINTENANCE - continued Mr. Williams' thought was that the State has an argument in some cases in that if it is private property on each side, the State will not maintain a strip half -way up the slope. However, there is some consideration in the possibility of the State owning an area at the top of the slope in the way of a. big turnaround. If that was so, then this is an area, where a compromise would have to be worked out between the City and State. It was indicated that the only thing delaying this City firming their position in the matter of slope areas is as to what the City will take and what in reason and justice it will not take. Mr. Williams thought it might be a question of surveying each one of these (slopes) and de- termining what the City is going to take responsibility of and will this be acceptable to the State. When the question is answered, the releasing of the frontage road will be accomplished. Mayor Mottinger indicated there seemed to be a. meeting of minds on that particular matter, Mr. Aiassastated that this matter has been discussed for almost 40 minutes, and that the State has made a proposal of relinquishing the frontage roads and underpasses as per the 1953 agreement. The question now is will the City Council accept their entire proposal, O It was indicated that Council might take the north and south frontage roads as there is not much in the way of complications there and do nothing about the underpasses until we get the descriptions because there has been one bad slide already and there will be more, Mayor Mottinger stated that it should be kept in mind that a, resolution was passed in relation to 8 lanes on the Freeway and the service roads would almost have to be ours or they (State(.could say that the service roads are theirs and they are going to use 15 feet of it. Councilman Barnes was of the opinion that an engineering survey be made and try to work out something that we think will be feasible and then go to the State and say here is what we can do and if we can trade we can settle this frontage road matter. Mr. Aiassa stated that if the frontage roads are accepted then the City would get involved with off and on ramps because a portion of these frontage roads are occupying off ramps; also, a portion of Vincent Avenue interchange. Councilman Brown indicated that they (State) will probably keep off the ramps right where they a,butt on our service roads. Mayor Mottinger indicated that if we could get the determinings itpointed out by Mr. Williams that we should be in a, position to accept the service roads. C, C. 11-24-58 Page Thirty-seven FRONTAGE ROAD MAINTENANCE - continued • Mr. Aiassa indicated that another point was that if they landscaped and provided a sprinkler system, the slopes would be no serious prob- lem. All of the areas that have that would have no great mainten- ance problem but that he would hate to have a slide and have to sit down and argue who should clean up the streets. Mayor Mottinger indicated it was a good possibility that the sugges- tion be accepted that we accept service roads and not accept under- passes for the moment so then we would have legal descriptions out- lining the slopes and underpasses. Mr. Williams stated we could separate the maintenance agreement from acceptance of frontage roads. Mayor Mottinger stated that it was his thought that you could separate frontage road from underpasses. Mr. Aiassa indicated that there is outlined in the 1953 agreement for acceptance of frontage roads, and if we accept frontage road do we accept underpasses as well, but we don't have to accept any mainten- ance agreement. This was not provided in the 1953 agreement. Councilman Brown stated there was no legal description on more than 100 feet underneath the Freeway of underpasses. • Mayor Mottinger stated perhaps we could go ahead on the basis indicated and as soon as there is more data given to Council on this problem. The Council should be willing to accept the frontage roads as soon as it is felt to be practical from an administrative point of view. Mr. Aiassa stated then it would be a matter of taking the north and south frontage roads by form of Resolution and holding off on the underpass. Mr. Williams stated that he did not think that the City could take the easy part and let the State hold the bag on what they want to get rid of Councilman Brown was of the opinion that we have pushed this too far and if the City ever wants to have anything done from the State it was his thought it was high time to accept the frontage road. Mr. Aiassa stated that it could be made a factor that we would accept them by legal description. Mr. Williams stated that they (State) have indicated they will provide the City with sufficient description if the City will accept and then they will follow it with a deed to the City and if the City will commit themselves in 60 days they will convey the deed. The only problem is whether you will accept that which the State wants you to accept. It would seem the slopes should be relatively stable by now from slides. �J 0 Co CD 11-24-58 Page Thirty-eight FRONTAGE ROAD MAINTENANCE - continued Motion by Councilman Brown, seconded by Councilman Barnes and carried that as soon as we get legal description we will accept service roads and underpasses. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the necessary City departments be instructed to sweep the frontage roads in view of the City taking them over, but it is to be understood that sweeping is being done on State property until the City takes them over by proper resolution. CITY CLERK APPLICATION TO SELL CHRISTMAS TREES APPROVED CONDITIONALLY 1) Southeast corner and the Freeway, (Ramond Ahumada) of Azusa Avenue C-1 Zone Motion by Councilman Heath, seconded by Councilman Barnes and carried that approval be given to Raymond Ahumada to sell Christmas trees at the southeast corner of Azusa Avenue and the Freeway, subject to all necessary departmental clearances. 2) 950 S'< Glendora Avenue. C-1 Zone • (George Zaccaro) Motion by Councilman Heath, seconded by Councilman Barnes and carried that approval be given to George Zaccaro to sell. Christmas trees at 950 So Glendora Avenue, subject to all necessary departmental clearances. PERMIT FOR CIRCUS West Covina Methodist Church at Azusa APPROVED CONDITIONALLY near Cameron, from 1:00 to 2:30 P. M. on November 29, 1958. Motion by Councilman Barnes, seconded by Councilman Brown and carried that the application for a circus permit from the West Covina Methodist Church be approved, subject to all necessary departmental clearances and that the business license fee be waived. PERMIT FOR CIRCUS Pioneer School P.T.A. Project, December APPROVED CONDITIONALLY 133, 1958 from 12:00 Noon to 5:00 Pe M. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the application for a circus from the Pioneer School P.T.A. be approved subject to necessary departmental clearances, and the business license fee be waived. A* C. C. 11-24-58 Page Thirty-nine CITY CLERK - continued VARIANCE FOR "WELCOME TO It was indicated there might be the WEST COVINA" SIGNS possibility of the placement of four REFERRED TO PLANNING of these signs - 2 on the Freeway, one COMMISSION FOR INITIATION on Azusa Avenue and one on Glendora OF VARIANCE Avenue. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the Planning Commission be re- quested to initiate proceedings for a zone variance in relation to the placement of "Welcome to Vest Covina." signs. DEMANDS APPROVED Motion by Councilman Heath, seconded by Councilman Barnes that Demands in the amount of $177,710.03, as shown on Demand Sheets C-116 and C-117 be approved; this to include fund trans- fers in the amount of $40,105.18 and deposit of interest bearing account in the amount of $100,000.00. . Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Barnes, Mayor Mottinger Noes: None • Absent: Councilman Pittenger There being no further business, motion by Councilman Barnes, seconded by Councilman Brown and carried that the meeting be adjourned at 11:45 P. M. until Monday, December 1, 1958 at 7:30 P. M. APPROVED BY CITY COUNCIL December 8, 1958 Date 1. As submitted 2. With the following corrections: x 16( . I Page 21 - The statement starting "In this future administration building" was made by Councilman Barnes and not by Councilman Brown, as indicated. Page 22 - Last paragraph should read "I would like to see the parents be allowed a school's instead of "I would like to see the parents be in here",a.s indicated. (over)