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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: