12-08-1958 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
December 8, 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 Barnes with the invocation given by the Rev. Mickel of
St. Timothy's Church,
ROLL CALL
/ Present: Mayor Mottinger, Councilmen Heath, Brown, Pittenger,
Barnes
L.J
Others Present, MrL. George Aiassa, City Manager; Mr. Robert Flotten,
City Clerk; Mrs. Fern Merry, City Treasurer (part
time); Mr. Harry C. Williams, City Attorney;
Mr. Tom Dosh, Assistant Public Services Director;
Mr. Malcolm C. Gerschler, Planning Coordinator;
Mr. Walter Nollac, Sanitation Engineer.
Absent: None
APPROVAL OF MINUTES - November 24, 1958
Approved .as corrected as follows.
Page 21 - The statement starting '"In this future administrdtion
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" instead of I'll would
like to see the parents tie-in here", As'indicated,
Page 23 - Councilman Heath "abstained" from voting instead of
"sustained" from voting, as indicated.
Page 29 - Typographical error which should be "car" instead of
y "care", as indicated in statement of Mr. Aiassa under
the matter of City cars,
CITY CLERK'.S REPORT
PROJECT C-82, Storm Drain Review Plans and Specifications
HELD OVER
LOCATION: Easement in Lot 7, Tract
14110 - Rio Verde Drive and Arturo St.
Approve plans and specifications, authorize expenditure for material
in the amount of $1,060.00 from Flood Control Fund, and authorize the
City Engineer to call for informal bids.
40
C. C. 12-8-58
PROJECT C-82 - continued:
Page Two
Mr. Aiassa: At the end of Arturo Street there is a
need for an additional storm drain line.
These is a 12 inch storm drain line now
existing but a 24 inch line paralleling it is needed. We have to
acquire a small portion of easement which the property owner is will-
ing to grant on the condition we put in the storm drain line. The sub-
divider originally put in the 12 inch storm drain line which at the
time appeared would be reasonable to meet the necessary requirements,
but it is not meeting the existing needs now.
Councilman Pittenger: Wasn't the Flood Control Fund to be used
for major flood control and not things
like this?
Mr. Aiassa: This is a flood problem although it may
not -be as,.serious as a number of other
areas.
Councilman Brown: When I voted for this flood control
program fund I thought it was for major
projects and not for something of this
nature.
Councilman Pittenger: What is happening to the water right now?
Mr. Aiassa: This is a -situation we have inherited
now, and :perhaps Mr. Dosh can give a
further explanation.
Mr. Dosh: When the subdivision was developed to
the east, this area received more water
and. ess absorption. The 12 inch line
does not drain the water off fast -enough and it flows over the curb and
into the front yard of the property.
Councilman Barnes: Could we live with this a year or so
until adequate funds are available,to
put in this particular drain?
Mr. Dosh: Iguess we could live with it a long
time.
Councilman Barnes:' Is it needed that badly?
Mr. Dosh: During the last three years there have
been water problems there all the time.
This is something that should be done.
The pipe that is there is completely sub -standard and we have to re-
vise the catch basin.
Councilman Barnes: I would be inclined to agree with what
Councilmen Brown and Pittenger have indi-
cated.
i
• C. C. 12-8-58 y_ Page Three
PROJECT C-82 - continued ;
Councilman Pittenger: We -have some real tough flood problems
elsewhere in the City and I would rather
see.no money go out until the Badillo
Drain is done and then see what we can do about such matters as this.
Mr. Dosh: This a.s something similar to what we
have done at Barranca and Cortez when
the pipe was extended.
Councilman Pittenger: Yes, butithat was a case of saving a
whole intsersection which would have gone
if it had not been done.
Mr. Dosh: On.1this particular corner the water
ponds up like a little lake and if we
had a really severe rain it would be a
real problem there.
Councilman Brown: We have a' situation on North Lark Ellen
and Azusa and Walnut Creek Wash that
affect mare than any two homes. I think
that the flood control money, as it is set up,says it is for major
projects to relieve the majorityof people and notbenefit only one or
two. If this needs to be done, 1r'd much rather take it out of the
General Fund.
Mr. Dosh: The Lark Ellen area is in the bond issue
so,that is a problem which will be
solved in'a couple of years.
Mayor Mottinger: Have we made any survey of this sort of
project existing all through the City?
In.otherwords, it is indicated here
there is a need, and,I believe it is correct, but there may be a lot
of them. Rather than see money go outIlpiece meal" I think we should
have some indication of how far we can go with this sort of thing.
Mr. Aiassa: Since we made the complete survey for
the bond issue we had a look at all the
deficiencies in relation to flooding,
but some were too small to incorporate in the major bond issue. How-
ever, I think that Councilman Brown has a good point and maybe we
should tackle these smaller ones through the General Fund. We would
not have to do it immediately,but at the end of the fiscal year we can
use some of our surplus general funds t 1 0
complete some of the stragglers
and small projects.
Councilman Heath: I think we should make a survey first
of.these and do the most serious ones.
We are not even sure this is the most
serious one.
C. C. 12-8-58
PROJECT C-82 - continued
Mr. Aiassa:
Page Four
i
The'.bond,issue had the big ones well
covered.,.
Councilman Heath: Is this the most important one that is
not in the bond issue?
Mr. Aiassa: Here is the thing. You can get involved
With running back and forth during
flooding,'period. You will be concentrat-
ing your forces at Orange Avenue 'against seriob.s property damage but
you will get calls from these other places to supply sandbags. I would
like to bring the Council up to date on these matters to enable us to
complete these items one at a time. If you do not feel this is the
proper time for this matter as in -relation to major flood problems you
could consider it during the new budget allocation period, but I think
we should consider doing as many of these small items as we can so as
to have them off our hands.
Councilman Heath: I think we should do them in the order
of,theirimportance, however. There is
one, at A4usa that I think is more import-
ant than this and affects more people.
1
Mr. Aiassa: When you speak of Azusa Avenue you are
talking �hout_$350,000.00 and here we
'have.a tousand dollars or less. Also,
we are getting much more stringent flood controls in relation to sub-
divisions with much clearer answers to such matters in subdivisions.
In the past some were not given the proper study in i°elation to these
problems and this was because we had insufficient time to review them
as we have now. There were too many subdivisions to be processed at
one time.
Mayor Mottinger: I think this is a matter that should be
tabled until a more complete survey is
made of items of this nature that are
to be handled by the City.
Motion by Councilman Heath, seconded by Councilman Brown and carried
that Project C-82 be held over pendingpfurther survey as indicated in
the preceding discussion.
Mr. Aiassa: Perhaps we can take a series of these,
have Council take a field trip, review
these things in the area, make _their
decisions in relation to the priority of them, bring them up to date,
and start taking them off the list.
Mayor Mottinger: If you have a list we would be able to
know what is required. If there is suffi-
cient funds to handle all of them we
might go ahead but not allocate our funds right now.
• C. C. 12-8-58 Page Five
PROJECT C-82 - continued
Mr. Aiassa: We•are now concentrating on the bond
allocation projects so as to get major
items ready for plans and specifications.
Councilman Brown: If we had a list of these we could check
them before it rains. We would know
whether it would affect one or a hundred
homes. I think we should spend the money where it will do the most
good.
Mr. Aiassa: I believe, that Council has a better
grasp on this flood problem than I have.
These are,coming through the engineering
office and I am making a list as ,they come up. We could review this
with Council and if we then determine the best solution, a survey would
give us an idea how many thousands of dollars we are involved with and
how serious these situations are.
ACCEPT URROVEMENTS
Metes & Bounds
Subdivision No. 135-141
(Slater and Soranow)
APPROVED
Mr. Flotten:
lease of the remainder of the
LOCATION.. East side of Azusa Avenue,
south of Badillo Street
Accept street and alley improvements
and authorize release of remainder of
deposit in the amount of $92.00.
We have the certification of completion,
the Inspector's final report and the
recommendation is for approval and re -
deposit.
Motion by Councilman Brown, seconded by Councilman Heath and carried
that street and alley improvements be accepted in Metes & Bounds Sub-
division No. 135-141 and authorization be given for the release of the
remainder of the cash deposit in the amount of $92.00.
PLANNING COMMISSION
PRECISE PLAN OF DESIGN
NO. 139
E. Allen and N. Retherford
PLANNING COMMISSION.
APPROVAL AND RECOMMENDA-
TIONS ACCEPTED
LOCATION: 2149 E.,Garvey Avenue, between
Mockingbird Lane and Meadow Road.
REQUEST:,. Adoption of Precise Plan of
Design in Zone R-3.
Hearing conducted by the City Council on November 10, 1958. Hearing
closed and the matter referred to the Planning Commission for report.
Approved with revisions by the Planning Commission at their regular
meeting on December 3, 1958. Review report of the Planning Commission.
•
• C. C. 12-m8-58
•
PRECISE PLAN NO. 139 - continued
Page Six
w
Mr. Flotteno This matter was denied by the Planning
Commission under their Resolution No.658
of October 15, 1958. The matter was
appealed by letter by the applicants on October 20, 1958 and came be-
fore the Council for hearing at their meeting of November 10, 1958.
The hearing was closed and the matter was referred to the Commission
for review. It was then approved by the Commission on -December 3,1958,
after review and various recommendations made.
Mr. Gerschlero Modification was made in the plan. The
walkways and stairways were relocated
and open to the patio area and that
area is enclosed with a fence. They will also provide garage doors on
the parking spaces under the units. The recreational area is completely
enclosed and is not broken up by walkways and stairways and the plan
is now equal to units now on the same block.
Motion by Councilman Brown, seconded by Councilman Pittenger and
carried that the Council accepts the recommendations and decision of
approval of the Planning Commission as pertaining to Precise Plan of
Design No. 139.
RECREATION AND PARK None
GENERAL MATTERS
ORAL COMMUNICATIONS
a
Mrs. Howard Robbins The League of Women Voters are concerned
League of Women Voters with governmental issues. Last year we
City of West Covina printed a pamphlet about the West Covina
City Government which was called City of
Beautiful Homes ® West Covina. There
were 700 copies printed last year which disappeared very quickly. We
have submitted a copy of last year's pamphlet to Mr. Flotten so that
it can go through the various City Departments in order to bring it up
to date because we hope to print this pamphlet again.
We would like the City Council to cooperate with us in the printing of
this pamphlet, if you would. The West Covina Elementary School District
has requested 300 copies from us for use in their classes for study of
city government in West Covina. The Welcome Wagon has requested sev-
eral hundred copies, and we would like to distribute-th-se to the new
.citizens in the`City. However, it is rather difficult for us to do
this printing alone. Last year we had'both the printing and the paper
donated which helped bring our cost down to $40.00 for 700 copies.
The extent -to which Council would care to cooperate in this matter this
year would decide how many copies we could print up.
• C. C. 12-8-58
ORAL COMMUNICATIONS - continued
0
Page Seven
Mayor Mottinger: I think this is a very worthwhile thing
to have published in our community. I
approved of it last year and I think we
should cooperate in this if we can.
Councilman Barnes: Have you any estimate of how many copies
you might want this time?
Mrs. Robbins: We thought of the approximate figure of
3 , 0,00 .
Mr. Aiassa: I would recommend that Mr. Flotten, Mrs.
Robbins and myself talk this matter over
to see if we can get some concrete
figures of cost to present to Council. Then we will know just how
much this will cost dollar wise.
It was consensus this be done.
SCHEDULED MATTERS
BIDS
POLICE FACILITIES BUILDING The bids were opened as advertised at
BID AWARDED 10:.00- A. M., December 5, 1958, in the
(Fry and Fry, Inc.) office of the City Clerk and referred
to the Engineering Department for re-
view and recommendation.
LOCATION: 803 S. Sunset Avenue
Mr. Flotten: The Affidavits of Publication have been
received from the West Covina Tribune,
published November 13 and 20, 1958, and
as a news item in the Green Sheet on November 10, 1958; and there is
on file an Affidavit of Posting "Notice. Inviting Bids" on November 14,
1958 in the City Hall Chambers.
The recommendation from the City.Engineer is that the bid be awarded
to Fry and Fry, Inc. as the lowest responsible bidder and that all
other proposals be denied and.the bid bonds returned to the unsuccess-
ful bidders.
The bids were as follows:
FRY AND FRY, INC. 10� Bid Bond $ 12,654.71
G. R. OURY CONSTR. CO. 10% Bid Bond
F. J. ZOELLE - 10� Bid Bond
13,550.00
14,300.00
•
C. C. 12-8-58
page Eight
BIDS - continued
OLIN CONSTRUCTION
10%
Bid
Bond
$ 14,693.00
CLARK ELLIOTT
10%
Bid
Bond
15,300.00
JOHN HOFIUS
10%
Bid
Bond
15,752.00
ALOSTA CONSTR.,CO.
10%
Bid
Bond
15,840.50
GREGG P. KENT CORP.
10%
Bid
Bond
26,800.00
ROY W. ZIEGLER
10%
Bid
Bond
28,000.00
0
Motion by Councilman Brown, seconded by Councilman Barnes that the
contract for the Police Facilities Building be awarded to Fry and Fry,
Inc., in the amount of $12,654.71, as the lowest responsible bidder
and that all 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
DISTRICT A'11-56-7 LOCATION:, 1. Thelborn Street, Toland Avenue
Sanitary Sewer -District and Osborn Avenue Sewer District.
BID AWARDED
(Jerry Artukovich Bids were opened as advertised at 10:00
Construction Co.) A. M., December 5, 1958, in the office
of.the City Clerk and referred to the
Sanitation Engineer for recommendation
to the City Council at this meeting.
Mr. Flotten: There is on file an Affidavit of Posting
"Notice Inviting Bids" on November 10,
1958 and Proof of Publication in the
West Covina Tribune, published November 20 and 27, 1958, and as a news
item in the Green Sheet on November 13,, 1958.
Let the record show that originally the Plans and Profiles were com-
pleted September, 1958. On October 14,,1958 the Council approved the
district. On October 14, 1958 the Council approved the Plans and
Specifications and -passed a Resolution of Intention on that same date
setting the hearing for November l0, 1958. On November,10, 1958,
Resolution No. 1460 ordering the work to be done was passed by the
Council and the Notices inviting bids were mailed out.
The bids received were as follows:
C. C. 12-8-58
Page
Nine
BIDS - continued
Correction
JERRY ARTUKOVICH
10%.Bid
Bond
$ 63,964.59
A. R. MILOSEVICH & SON
10%
Bid
Bond
64,217.48
MARTIN F. KORDICK
10%
Bid
Bond
67,352.71
L. D. & M. CONSTR. CO.
10%
Bid
Bond
67,981.31
MIKE RAMLJAK CO.
10%
Bid
Bond
68,308.53
($68,299.60)
FRANK CHUTUK
10%
Bid
Bond
69,951.45
($69,050.52)
CHARLES L. BURCH & SON
10%
Bid
Band
76,815.08
M. C. NOTTINGHAM CO.
10%
Bid
Bond
88,586.68
Motion by Councilman Pittenger, seconded by Councilman Barnes and
carried that the bid for work on sanitary sewer district A'11-56-7 be
awarded to Jerry Artukovich Construction Co., in the amount of
$63,964.59, as the lowest responsible bidder and that all other bid
bonds be returned to the unsuccessful bidders.
i
RESOLUTION NO. 1475
Awarding of contract for
sanitary sewers
(Jerry Artukovich)
ADOPTED
Mayor Mottinger:
The City,Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA AWARDING CON-
TRACT TO IMPROVE THELBORN STREET AND
OTHER STREETS IN THE CITY IN ACCORDANCE
WITH RESOLUTION OF INTENTION NO. 1450."
(Sanitary Sewer District A111-56-7)
Hearing no objections, we will waive
further reading of the body of the Reso-
lution.
Motion by Councilman Pittenger, 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. 1475.
0
C. C. 12-8-58 page Ten
SCHEDULED MATTERS - continued
HEARINGS
DISTRICT A°11-56-4 Hearing of protests or objections to
Sanitary Sewer District the confirmation of assessments to
APPROVED cover the installation of sanitary
sewers in the Workman Avenue and Irwin-
dale Avenue Sewer District.
Set for hearing this date in the "Notice of Filing Assessment and
Diagram" dated November 14, 1958.
Mayor Mottinger: The hour of 8 o'clock P. M. having
arr.ived,'this is the time and place
for, hearing protests or objections
against the assessment for improvement of District A911-56-4.
Mr. Flotten>
Let the record show that a Resolution
was passed by the City Council, order-
ing work to be done, on March 10, 1958.
The Council passed a
resolution directing bids to be opened and a
resolution awarding
the bid on April 14, 1958. The contract was
• awarded to the T. H.
Construction Company.
Mayor Mottinger:
Mr. City Clerk, do you have the Affida-
vits of Publication, Posting and Mailing
relative ,to this hearing?
Mr. City Clerk:
Yes, I have the affidavits.
Mayor Mottinger:
I will. entertain a motion to receive
and file the affidavits.
Motion by Councilman Brown, seconded by. Oouncilman Heath and carried
that the affidavits of Publication, Posting and Mailing be received
and filed.
Mayor Mottinger: Mr. City Clerk, have you received any
written.protests or objections against
the assessment, the improvement as
constructed or the proceedings?
Mr. City Clerk: Yes, I do. I have a petition directed
to the City Council in relation to
Resolution•of Intention No. 1313,
Assessment District 56-4, and dated December 5, 1958. This petition pro-
tests the -sewer assessments of the district including Rowland, Shady -
dale, Broadmoor, Hartley.and Mora-da Avenues, and Ellen and Walnuthaven
Drives.
It states the records at the Sanitation Department show that the R-3
lots at the corner of Walnuthaven Drive and the Service Road are pay-
ing the same rate per foot as the R-1 lots.
•
• C. C. 12-8-58 Page Eleven
DISTRICT A111-56-4 - continued
Mr. City Clerk - continued.
It requests an explanation as to why the C-2 zoned acreage at the
northeast corner of Irwindale Avenue and the San Bernardino Freeway
is being charged approximately half the rate being charged the R,l
and R-3 property.
There are 16 signers of thas petition with 11 of them on Walnuthaven
Drive and 5 on No. Ellen Drive.
We also have another protest of this assessment from R. O. Strand of
227 Walnuthaven Drive.
Mayor Mottinger. Is there,anyone present in the audience
who would like to give further informa-
tion or protest regarding this matter?
Mr. R. Wendell I have lived here six years and have
224 N. Ellen Drive been paying taxes. Apparently, since a
West Covina year ago,I have been paying taxes for
sewers that had not been installed. I
protest paying taxes for something we
haven't received.
Mayor Mottinger: The tax which you pay on sanitary sewers
is for the main lines that run through
the City and for the disposal of sewer-
age through those lines which collect it. The tax is not for the
feeder lines or the laterals that go to the individual house. They are
just for the main trunk lines established in the City. It is only a
matter of a few years that the main lines have been in West Covina.
That is what your taxes are for.
However, in order to use those facilities these assessment districts
are formed to take th76 sewerage to the main lines and that is the
part now under discussion - whether or,not this assessment district
should be formed - and the cost of those sewers be distributed among
- the property owners to be served.
Mr. Thompson: What happens in West Covina happens in
every city in California. There is no
city where the city puts in the feeder
lines to the house. The city and the County put in major lines and
provide treatment plants. The city maintains all the main lines once
they are paid for.
0 Mr. Wendell: Could this go on taxes or be paid for?
0
0
C. Co 12-8-58
DISTRICT A111-56-4 - continued
Page.Twelve
Mr. Thompson: If the City should confirm this assess-
ment tonight, tomorrow or the newt day
you would receive a bill from the con-
tractor or bonding house.that you would have 30 days to pay to the
contract if you wish. If you do not pay it, it would be paid over a
period of ten years with 6% interest. You will be billed by the City
Treasurer of the City on the first, day of November each year with 60
days to pay, to pay one -tenth of the installment. On the first of
May each year you get the billing for the interest only. However, you
can pay this off without penalty at any, time.
Now, whether R-1 should pay less than R-2, R-3 and R-4o There has
been a great deal of study given,that matter as to whether there was
any merit in assessing R-2, R-3, R-4 or,C-1 more than R-1 and it has
never been done.
Some years ago in Arcadia, in 1949, the whole city was sewered and it
was a big issue as to whether R-2, R-3 and R-4 should have a larger
assessment than R-1 on a front foot basis. It was settled there and
then for all cities, and the answer was no, However, Pasadena was not
happy with the reply so they made further study of the matter.
Pasadena put meters on the sewers of R-1, R-3 and R-40 hotels and
C-1 in various parts of the city. They.ran those meters for many
months and they came up with the decision that as a matter of fact
there was less sewerage from R-3'than R-lo This may not sound quite
right, but in R-1 you have two or three bedrooms,a man and wife, three
or four children. There are washing of dishes, clothes and there is a
lot of sewerage. However, R-2, R-3 and R-4 tenants were usually just
a man and wife, ate a great deal of meals out, most of the time both
of them worked and were home only a small part of the day, so the
sewerage use was greatly limited. In relation to C-1 and C-2 use
which could be stores, offices, etc., there was very little sewerage.
The only thing was M-2 where there might be a big laundry, chemical
plant or large industry which would use a lot of sewerage.
I have been in this business 34 years, and no cities I know of assessed
more on R-3, R-2, R-4 or C-1 and C-2 than on R-1 for the reasons I have
stated.
There is another reason in these proceedings and that is the state of
flux in which sometimes cities change their zoning or planning. They
change back say from C-2 to C-1 or R-1 to R-3o Very often such
changes take place so it is sometimes difficult for the engineer to
be sure the zones will remain just so, and it has been felt this is
only fair from the facts gathered and the research work that has been
donee
Coming back to this large piece of C-2o There has been the question
of this being assessed less per front foot than other people. This
is not correct. It has been assessed less frontage because of the
f �
•
• C. C. 12-8-58 Page Thirteen
DISTRICT Ae11-56-4 - continued
Mr. Thompson - continued:
fact that the piece of property, if developed into that which it
appears to be, the owner will be at considerable expense to put addi-
tional sewers in there than that which he has. It is our findings
that this assessment here, plus the amount of assessment which will be
added in the future if it is developed, will come out to about the
same amount that he would have paid if:assessed like everybody else.
The assessment is now levied, plus other improvements he would have to
put in there in'the future. 1.
S. Saultenkelrett I would question the statement of more
2339 No Ellen Drive sewerage from private homes as against
West Covina apartments. That might be true in the
case of older apartments but new apart-
ments have washing machines and facili-
ties to be used much like single family
homes.
There were no further comments or protests forthcoming,
• Motion by Councilman Heath,,_.,,seconded`-by Councilman Barnes and carried
that the hearing of protestb and objections in relation to.District
A111-56-4 be closed.
Mayor Mottinger: Since we have received some protests the
Council may desire to overrule and deny
the protests or the protests might be
allowed and/or assessment modified,
Councilman Pittenger: Do we know what portion of the area is
protesting? Have we validated the pro-
tests?
Mr, Aiassa: Yes, and there are 18 protests,
Mr. Thompson: There are 204 parcels, one very large.
Councilman Brown: Are there all single names on the
petition?
Mr, Aiassa: Only two that are double names, Dunlap
and Basgall,
Mayor Mottinger: That makes 16 property owners.
Mr. Aiassa: That is correct,
Mayor Mottinger: That is 16 parcels of property objecting
to this assessment as proposed as against
204 parcels in the district,
•
•
0
C. C. 12-8-58
DISTRICT A111-56-4 - continued
Councilman Heath:
Mayor Mottinger:
Mr. Thompson:
it might be presented since
determined over these years.
Page Fourteen
Has this always been the standard practice?
This has been the first protest we have
had.
This is a type of protest that has not
been brought up in any city since 1949.
I had not given much thought as to that
it is a matter that has been pretty well
Motion by Councilman Pittenger, seconded by Councilman Brown and
carried that the City Council does over -ride and deny the protest pre-
sented on Sanitary Sewer District A111- 56-4.
r
RESOLUTION NO. 1476 The City'Attorney presented:
Confirming sanitary "A RESOLUTION OF THE CITY COUNCIL OF THE
sewer assessment CITY OF WEST COVINA CONFIRMING THE ASSESS -
(District A111-56-4) MENT FOR THE IMPROVEMENT OF WORKMAN
ADOPTED AVENUE AND OTHER STREETS." (A°11-56-4)
Mayor Mottinger: Hearing no objections, we will waive fur-
ther reading of the body of the Resolution.
Motion by Councilman Barnes, 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. 1476
In discussion of the Council, upon a question raised by Councilman
Pittenger -in relation to a better clarification of just exactly what
district these resolutions referred to,, it was the consensus that the
sewer district number designated to it be inserted in parenthesis in
the heading of the resolution, in the future.
Mr. Nollac indicated that he would send a memorandum to Mr. Sorenson
that the sewer district number be so inserted at the end of the Reso-
lution heading for better clarification of the sewer district.
• r}
C.-C. 12-8-58 Page Fifteen
DISTRICT A°1i-57-4 Hearing of protests or objections to
Sanitary Sewer District the confirmation of assessments to
APPROVED cover the installation of sanitary sewers
in the Bixby Avenue, Hartley Street and
Astell Avenue Sewer District.
Set for hearing this date in the "Notice of Filing Assessment and
Diagram" dated November 14, 1958..
Mayor'Mottinger: This is the time and place for hearing
of protests or objections against the
assessment for improvement of Sanitary
Sewer District A,11-57-40
Mr. Flotten: The assessment map was approved by Council
in February, 1958 and Plans and Profiles
were completed the same date. A resolu-
tion approving the district and the Plans and Specifications were
passed by Council in March, 1958. A Resolution of Intention was passed
by Council in March, 1958 for hearing on April 28, 1958. Notices were
properly published and Council passed a resolution ordering work to be
• done in April, 1958. Bids were .opened and the contract was awarded to
Jerry Artukovich in May, 1958.
Mayor Mottinger: Mr..City Clerk, do you have the affi-
davits of Publication, Posting 'and
Mailing relative to this hearing?
Mr. City Clerk: Yes, I have the affidavits.
Mayor Mottinger: I would entertain a motion to teceive
and file the affidavits.
Motion by Councilman Brown, seconded by Councilman Pittenger and
carried that the Affidavits of Publication, Posting and Mailing be
received and filed.
Mayor Mottinger: Mr; City Clerk, have you received any
written protests or objections against
the assessment, the improvement as con-
structed, or the proceedings?
Mr. City Clerk: No protests have been filed.
Mayor Mottinger: Is there anyone in the audience who
wishes to speak in protest or objection?
No protests or objections were forthcoming from the audience.
r
•
- Co Ca 12-8-58
Page Sixteen
DISTRICT A111-57-4 - continued
Motion by Councilman Brown,
seconded by. Councilman Heath and carried
that the hearing of protest.and-objection
on Sanitary Sewer District
No. A'11-57-4 be closed.
Motion by Councilman Brown,
seconded by :Councilman Heath and carried
that Sanitary Sewer District
A'11-57-4 be approved.
RESOLUTION NO. 1477
The.City Attorney presented:
Confirming sanitary
"A RESOLUTION OF THE CITY COUNCIL OF THE
sewer assessment
CITY OF WEST COVINA CONFIRMING THE
(District A111-57-4)
ASSESSMENT FOR THE IMPROVEMENT OF ROWLAND
ADOPTED
AVENUE AND OTHER STREETS."
(District,A°11-57-4)
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
WRITTEN COMMUNICATIONS
TRACT 18807 - Lot 10
ACCESS TO LARK ELLEN
AVENUE - DRIVEWAY
Referred to Engineering
Department
Compunica-tion from Gail W. Sponseller
regarding,driveway access not solved
in accordance with Plot Plan and request-
ing granting of access rights to Lark
Ellen Avenue for this driveway. It was
indicated this was caused by condemnation
of part of the land of the original tract
by the school district and was, in part, a matter not taken into con-
sideration by either City or the subdivider and was partially the
fault of both City and subdivider.
Motion by Councilman Pittenger, seconded by Councilman Heath and
carried that this matter be referred to,;the Engineering Department.
FORGET-ME-NOT SALE Mr. Flottena This matter was held over
American Disabled Veterans pending.investigation in the.matter of.
(December 9, 1958) the question raised..-^e- such soliciting
APPROVED WITH BUSINESS from organizations outside the City.
LICENSE FEE WAIVED
I spoke to Commander Watson and he indicated that local members are
recruited to solicit if they are available, although that it not
always possible due to the fact that many are not physically able to
work. However, up to that point they would get all the local people
they possibly could.
• C. C. 12-8-58 Page Seventeen
FORGET-ME-NOT SALE - continued
Motion by Councilman Pittenger, seconded by Councilman Barnes and
carried that the request of the American Disabled Veterans be approved
and that the business license fee be waived,
COMMUNICATION FROM Mr — Flotteno We have a letter
FRANK G. BONELLI addressed.to the Mayor which acknowledges
his letter of November 26th which re-
quested Mr. Bonelli°s assistance in hav-
ing the County Engineer's office expedite plans and specifications for
the Badillo Drain and the 1958 Storm Drain Bond Issue.
It has been indicated that this matter was discussed with Mr. Lambie,
the County Engineer, and he has advised that he,will proceed with
these plans in the most expeditious manner.
Mayor Mottinger: Should we take any necessary action to
give permission to start these plans?
Mr, Aiassao I believe this has been done by letter
but not confirmed by written agreement.
• This will probably be done in about
another 30 days, possibly by the first meeting in January. However, I
think there has been splendid cooperation by the County to undertake
this project so quickly. This was a joint venture of three cities and
the County and it was the only sensible,way to approach the project,
CHURCH OF JESUS CHRIST LOCATION°, 521 S..Glendora Avenue, be -
OF LATTER-DAY SAINTS tween Walnut Creek Wash and St. Chris -
Richard E. Miner, Bishop topher Street
ZONE CHANGE NO, 125
PRECISE PLAN NO. 132 This communication is in relation to an
application for a zoning change filed
by Bishop Melvin Bo Tew of the West
Covina Ward which is now pending before Council, and the church has
assigned to Bishop Miner the responsibility of the zoning and stale
of this property,
It was indicated that the request.,for zone change, promoting the use
for a mortuary, is good and that the church stands ready to cooperate
in every way possible to bring about the proposed zone change. They
have provided, in the escrow instruction on the sale of this property,
for the dedication of the necessary frontage to complete the proposed
Vincent Avenue through street. Pierce..Brothers, buyers of the pro-
perty, will cooperate in construction and location of this building on
the proposed lot in accordance with City requirements. They would be
willing to place the driveway at whatever location is suggested in
order to facilitate movement of traffic on and off Glendora Avenue.
Mayor Mottingero I believe this matter was held over
pending a block study. When should we
expect it?
C. C. 12-8-58 Page Eighteen
CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS - continued
Mr, Gerschler: There are two cases involved. The R-3
is tied directly to the block study and
interlaced and we could not act on one
without the other. The mortuary did not require a zone change but an
Unclassified Use Permit and was not particularly related to the block
study discussion, The R-3 is not.,.of urgency to them and they have de-
clined to push the block study. The communication is a little con-
trary to the actual. discussion. P.
Mayor Mo'ttintger I believe,;we-should consider taking action
when -it is proper to.do so,
Mr, Gerschler:- If die R-3;-question should be taken along
with the ease of the mortuary I will get
together with the neighbors.
Councilman
Heath:
I
believe.that was part of the
question.
The property is R-3 in its full
depth
and there was a possibility of
it being
R-3 in the
back and they
should
be serviced with some kind of
road
where the
Fire Department
would
have access and it was felt there
• should be
a block study on
that.
lot
Councilman
Barnes:
I
think so, too.
Councilman Brown: It is quite important to securing the.
R.O,W,. for-4-the, Vincent Ave&.ue extension,
and,to what the block study brings up
that might affect the possibility of acquiring the. needed R.O.W. I rep-
resented the City in acquiring R.O.W. for the -Vincent Avenue extension,
and this area having been zoned once under special use permit with
long lots, a different block study will or could have a far reaching
affect on the Vincent Avenue extension project.
Councilman Pittenger:
Everything south of the Wash then in the
block .study included properties affected
by'Vincent Avenue?
Councilman Brown:
This property is not affected by the exten-
sion of Vincent and what affects this pro-
perty should have no bearing
on other property south of the Wash. This
was zoned once.with adjacent
owners plan of development and the block
study should not affect pre arty north of this piece of property.
�-
Mayor Mottinger:
Is there anything in process at the moment?
Mr. Gerschler:
No. A Block study depands upon the coop-
eration of the people involved and so
far they have not been willing to open it.
Councilman Brown:
I think any block study considered
should go through our City Manager,
Mayor Mottinger:
Perhaps we should get something under
way to give these people a reply yes or no.
• C. C. 12-8-58 Page Nineteen
CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS - continued
Councilman Barnes: This was held for a block study.
Mr. Aiassa: The application is for a mortuary but
the question that brought the block
study up was the back portion of the same
lot as to how it was to be develgp.ed and provide am egress to a public
street. This was restricted solely to one parcel of land and the
block study was to consider a bet -ter utilization of the frontage
area of the proper°"ty other • than' for mortuary use';
Councilman Pittenger: Evidently the north boundary of this
property is out of bounds and there should
be no block study on that.
Mr. Gerschler: I would like to indicate the true mean-
ing and importance of a block study. A
block.study is not an adopted street
plan, part of the master plan nor is it mandatory. It is a guide
worked out by the Commission with the full cooperation of everyone
affected. If no cooperation can be obtained then street widening plan
or street alignments will have to be done by ordinance. You can't put
too much stress on a block stufy if there is no cooperation and you
should drop a block study entirely if it is going to create a problem.
Mayor Mottinger: I believe the City Manager is aware of
the:bloc.,study on the property to the
north but perhaps he can get some answer
on this by the first meeting in January.
Mr. Aiassa: I will get together with the Planning
Department.
CITY ATTORNEY
ORDINANCES
INTRODUCTION The=City Attorney presented:
Proposed Amendment No. 26 "AN ORDINANCE OF THE CITY COUNCIL OF
to Comprehensive Zoning THE CITY OF NEST COVINA AMENDING CERTAIN
Ordinance No. 325 SECTIONS OF ORDINANCE NO. 325 PERTAINING
TO ZONING AND ZONING PROCEDURES." (City
Initiated)
Mayor Mottinger: Hearing no objections, we will waive
further reading of the body of the
Ordinance.
Motion by Councilman Brown, seconded by Councilman Barnes and carried
that the Ordinance be introduced and given its first reading.
s
4F
C. C. 12-8-58
ORDINANCES - continued
INTRODUCTION
Proposed Amendment No. 27
to Comprehensive Zoning
Ordinance No. 325 (City
Initiated)
HELD OVER
INTRODUCTION
Ordinance amending
Ordinance No. 390
(Recreation and Parks)
Mayor Mottinger:
Page Twenty
It was consensus this be held over as
per the request of the City Attorney
The City Attorney presented:
"AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING ORDINANCE
NO. 3.90 RELATING TO THE REGULATION OF
PUBLIC PARKS".
Hearing no objections, we will waive
further reading of the body of the
Ordinance.
Motion by Councilman Barnes, seconded by Councilman Heath and carried
that the Ordinance be introduced and given its first reading.
.RESOLUTIONS
RESOLUTION NO. 1478
Permission for Teen -Kan -Teen
to construct foundation for
its building at Cameron Park
ADOPTED
The City_Attorney presented and reads
"A.RESOLUTION OF THE CITY COUNCIL OF
THE C.ITY_OF WEST COVINA ACCEPTING THE
OFFER OF TEEN-KAN-TEEN, INC., TO CON-
STRUCT A COMMUNITY RECREATION BUILDING
IN CAMERON PARK AND GRANTING PERMISSION
TO PROCEED WITH THE CONSTRUCTION OF THE
FOUNDATION THEREOF".
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. 1478
RESOLUTION Grant deed for the dedication of a
Accepting grant deed portion of the proposed extension of
(Robbins) Vincent Avenue between Garvey Boulevard
DELETED FROM AGENDA and Walnut Creek Wash. (Robbins)
TO DECEMBER 22, 1958
It was consensus that this be deleted
from the Agenda as per the recommenda-
tions of the City Manager who stated this had to have the recordation
of two transactions of sale first which had not yet been done but
that this would be presented for the meeting of the 22nd of December.
•
0
C. C. 12-8-58
RESOLUTIONS - continued
RESOLUTION NO. 1479
Requesting restoration
to State Highway System of
portion of State Highway 62
and to realign portion of
State Sign Route No. 39
along Azusa Avenue and
Pass and Covina Road
ADOPTED
Mayor Mottinger:
Page Twenty -One
The City.Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA REQUESTING THE STATE
HIGHWAY COMMISSION TO RESTORE TO THE
STATE HIGHWAY SYSTEM A PORTION'OF STATE
HIGHWAY ROUTE NO. 62 AND TO REALIGN A
PORTION OF STATE SIGN ROUTE NO. 39 ALONG
AZUSA AVENUE AND PASS AND COVINA ROAD."
Hearing no objections, we will waive
further reading of the body of the Reso-
lution.
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. 1479.
INTRODUCTION
Ordinance amending official
zoning maplcorkecting
typographical error in
Ordinance No. 601 which
amends Zoning Ordinance
No. 325
The City.Attorney presented:
"AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA AMENDING
ORDINANCE NO. 601".
Mayor Mottinger: Hearing no objections, we will waive
further reading of the body of the
Ordinance.
Motion by Councilman Barnes, seconded by Councilman Brown and carried
that the Ordinance be introduced and given its first reading.
INTRODUCTION The City Attorney presented:
Ordinance amending ."AN ORDINANCE OF THE CITY COUNCIL OF
Section 1410.1 of THE CITY OF WEST COVINA AMENDING
Ordinance No. 325 SECTION 1410.1 OF ORDINANCE NO. 325
(Teiqporary uses) RELATING TO TEMPORARY USES."
Mayor Mottinger: 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.
0
C. C. 12-8-58
CITY CLERK
LETTERS FROM COUNTY
BOUNDARY COMMISSION
Page Twenty -Two
City of Industry proposal Annexation
No, 36 and No. 37
City of Pomona proposal Diamond Bar
Addition No. 1.
City of Azusa proposal Annexation No. 34.
No protests will be registered.
LETTER FROM BALDWIN PARK Re: Annexation of section of south
side of Francisquito Avenue, east of
Puente Avenue.
No protest will be registered.
PROCLAIMING Motion by Councilman Pittenger, seconded
BILL OF RIGHTS WEEK by Councilman Barnes and carried that
December 9th to 15th the Mayor be authorized to proclaim
December 9th through the 15th, 1958 as
BILL OF RIGHTS WEEK.
REPORT OF CITRUS
MUNICIPAL COURT
Month of November, 1958
$9, 395.48
15 FOOT STRIP There is a 15 foot strip along the
NORTHWEST CORNER OF westerly boundary of Babson Associates
BADILLO AND ORANGE property at the northwest corner of
REFERRED TO CITY ATTORNEY Badillo and Orange. When this was
deeded to the City for easement for
drainage there was stated in error in
the description, 15 feet of Lot 13,
but it was not noticed that Lot 13 extends across the property and
extends down to the south end of property of Mr. Faris of the Baldwin
Park Water Company. Now he wants his 15 feet back as it is a cloud on
his title.
Mr. Williams:
Mayor Mottinger:
It was consensus this be done.
I haven't seen this before.
I think this should be referred to the
City.Attorney and have him give us his
recommendations on the matter.
i�
•
C. C, 12-8-58 Pa4e Twenty -Three
CITY TREASURER'S REPORT Motion by Councilman Pittenger, seconded
October, 1958 by,Councilman Brown and carried that
the City Treasurer's report for October,
1958 be accepted and filed for the
record.
Councilman Heath: The last meeting we had quite a 664tko-
vers,y about a sewer district and I
understand it is being held up pending
settlement.
Mr. Aiassa:
Nothing -is being held up until we call
for the .bids for the improvements. It
is going according to schedule.
Councilman Heath:
There was some misinterpretation last
time and the controversy about the pro-
perty was that it was not in the district
so why is it being held up?
Mr. Aiassa:
It.is.not in the district and the district
is not being held up.
Councilman Pittenger:
We were going to hold up asking for bids
but are going ahead with the work for
Plans and Specifications.
Councilman Heath: Since that problem piece of property is
not a part of the district why can't
that hold be released? There is no need
for holding it now because there is no problem on it.
Mayor Mottinger: We have given the City Manager instruc-
tions to get the facts together for a
clear picture and until he is ready to
present that we are in no position to act.
Councilman Brown: While in the process of straightening
this out there might be some.study
given to similar assessments and to
look into these districts and make sure they are all in good order,
for if one is developed under the 1911.\Act and not paid off it will
be very difficult to get a contractor if there is any cloud on this,
nor will a bonding company go for it.
Mr. Aiassa: The matter has been turned over to
Mr. Sorenson who will advise us on it.
•
•
C. C. 12-8-58
MAYOR " S REPORTS
Page Twenty -Four
COMMITTEE OF I attended this meeting a couple of
MAYOR'S MEETING weeks ago and there was one point of
particular interest. Senator Richards
spoke as Chairman of the committee re-
garding water distribution in the State. To sum it all up, it would
seem the name-calling period is passed and real progress is being
made. They are drafting a constitutional amendment in the committee,
which at present looks as if it will be acceptable to both sides, who
are working hard on it, and there is a good possibility this may be
in the not too distant future as a realization. I have a great deal of
information on the Feather River Project and would refer it to Council-
man Barnes who could perhaps work with the City Manager on it and come
up with a recommendation to us as to whether we should participate in
the Feather River Project.
PROPOSED ANNEXATION AT I was wondering where we stand on this
LARK ELLEN AND zoning problem? Do we need further
FRANCISQUITO AVENUES public hearings or are we at the point
where we:can make a decision without
further public hearings? The reason I
raise these questions is that it is my understanding, verbally, that
the property owner wants a decision this month if possible.
Mr. Aiassa: It was taken off the Agenda to be
called back at the request of Council.
Councilman Brown: I believe it was agreement of Council to
hold this until Charlie Bennett would
give his report.
Mr. Aiassa: T42t .is correct, and that will be
-tomorrow night.
Mr. Williams: I believe adequate hearings have been
held and the Council can take action to
grant or deny the zoning requested,
Mayor Mottinger: I raise the Point because of the way
the matter was left. I believe the
Commission opened the public hearing
again for submission of additional evidence which the opponents said
they had and if that made it incumbent upon us to have public hearings
or not.
Mr. Williams: I am pretty sure that the status of
this matter pending before you is.for
your decision and you can deny or
grant it.
C. C. 12-8-58 Page Twenty -Five
PROPOSED ANNEXATION - continued
Mayor Mottinger: I think we will have to decide prior to
the issuance of the Agenda for next
meeting whether it should come out. Evi-
dently it is not necessary for it to he open for further hearing,
RECLAMATION OF I have a report from the Sanitation
SEWERAGE Board meeting in relation to the poten-
tial reclamation of sewerage now wasting
to the ocean. I'll present that to
Mr.. . Aiassa .
HOST TO LEAGUE OF Councilman Pittenger: The League of
CALIFORNIA CITIES California Cities need a host for general
meetings of May, September or November.
I think we might consider it as it has
been about a year and a half, or longer, since we had it in West.Covina,
Mayor Mottinger indicated that Councilman Pittenger give recommenda-
tion on this matter when the proper time comes.
GAS TAX STUDY A committee has been formed to study the
allocation of gas tax between cities
and county. As an added feature the
committee wanted to make a recommendation to the State to change the
allocation between the north and the south which is 55-45. Mr, Bonelli
came up with 60-40 which would add 5%® to southern cities. The Reso-
lution didn't say this, but it was added and passed that when this 5%
is passed distribution of the additional 5% be allocated in a manner
mutually agreeable with the League, County Board, and the -State. They
do not want to go along with the 5/8ths for cities and the 3/16ths for
County but payment to be more based on mileage and need. Also, there
was some consideration of using this on a broader base within cities,
so that we have more to say on how it is used.
They haven't agreed with county -city formula but agreed in the thinking
that southern counties should get more of the gas tax money than the
north.
Councilman Barnes: I received a report from Captain Ryan
of a sale November 29th with list
attached, but didn't get the list.
Mr. Aiassa: We only had one copy and it was in my
office.
Councilman Barnes: I believe we held over Project C-81 in
relation to Pioneer School improvement,
. C. C. 12-8-58 Page Twenty -'Sias
Mr. Aiassa: That was until money allocation is
approved by the State Allocation Board.
Councilman Barnes: I -had a.letter from Mr. Gillis on
December 2nd on community parking area.
Mr. Aiassao I_am preparing a report on that for you.
Councilman Heath: As Council representative on annexations,
I have been having conferences with those
persons,related to Annexation No. 158.
There is'a possibility of a law suit pending but in talking with these
people I think they are receptive to arbitrate or compromise. However,
I am at a loss to know just what they want, exactly,although I am still
talking with them and negotiating with them and attempting to come to
some understanding. I hope to make a formal report later on.
Mayor Mottinger indicated that Councilman Heath should keep on with
this matter and perhaps an answer could be derived within a short time.
Councilman Brown: On the new storm drain bond issue just
passed the County flood control seems to
feel, according to the records submitted
by the Board of Supervisors, that they are coming up with 20 to 25% less
for Plans and Specifications on all projects under the old bond issue
originally allocated to them. With the portion in the new bond issue
of the amount of money spent in West Covina we might have enough money
to get in another project if that 20 to 25% is thrown back to West
Covina and not into a general slush fund. I think the City Manager
should watch this very closely.
Councilman Barnes: I wanted to commend the Civil Defense on
their program of December 7th at the
Cortez Park Recreation area. It was
well handled.
APPROVE DEMANDS Councilman Heath: What is the $1,000.00
for on Charles Bennett?
Mr, Aiassao One of his installment payments by con-
tract.
Councilman Heath: I see a motorcycle bill on here for
$54,00. The last time there was one for
over a hundred dollars.
C. C. 12-8-58 Page Twenty -Seven
APPROVE DEMANDS - continued
Councilman Pittenger: Is it the same motorcycle?
Mr. Aiassa: No, it is another one. Both are under
repair. If you care to you can hold
the warrant out.
It was consensus this was not necessary..
Motion by Councilman Heath, seconded by Councilman Barnes that Demands
in the amount. of $64,038.20, as shown on Demand Sheets B-51, C-118 and
C-119, be approved; this to include fund transfer in the amount of
$40,834.45. 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 meeing was adjourned at 9:40 P. M.
to be followed by a Personnel meeting.
APPROVED BY CITY COUNCIL
Date / ? )-, D_ -
As submitted^
With the following corrections: