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12-22-1958 - Regular Meeting - Minutesr • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA December 22, 1958 The meeting was called to order by Mayor Mottinger at 7:35 Po M. in the West Covina City Hall. The Pledge of Allegiance was led by Councilman Pittenger, with the invocation given by Mayor Mottinger, ROLL CALL Present: Mayor Mottinger, Councilmen Heath, Brown, Pittenger, Barnes Others Presents Mr, Deane Seeger, for Mr, Aiassa Mr. Robert Flotten, City Clerk Mr, Harry C. Williams, City Attorney Mr. Tom Dosh, Assistant Public Services Director Mr, Malcolm Ca Gerschler, Planning C6ordi.nator Absent: Mr. George Aiassa, City Manager APPROVAL OF MINUTES December 1, 1958 Approved as submitted December 8, 1958 - Approved as submitted CITY CLERK'S REPORT ACCEPT STREET IMPROVEMENTS LOCATION: North side of Vine Avenue, Tract No. 24139 East of Azusa Avenue. (Harry C. Battaglia) APPROVED Accept improvements and authorize re- lease of Firemans Fund Indemnity Co. Bond No. C-7034679 in the amount of $5,500.00 and additional deposit for street improvements in the amount of $1,206.57. Retain deposit in the amount of $80.00 for street trees not installed to date. Mr, Flotten: The Final Map was approved and the bond accepted for sanitary sewers and street improvements in May, 1958. The sewer bond was accepted in the amount of $3,000.00 and this was released on November 24, 1958. We now have the certificate of completion and the Inspector's final report with recommendation for acceptance and release of bond and additional deposit, I Co C. 12/22/58 Page Two TRACT NO. 24139 - continued Motion by Councilman Heath, seconded by Councilman Brown and carried that street improvements in Tract No. 24139 be accepted and authoriza- tion be given for the release of Firemans Fund Indemnity Co. Bond No. C-7034679 in the amount of $5,500.00 and the additional deposit for street improvements in the amount of $1,206,57; retaining a deposit in the amount of $80.00 for street trees not installed to date. ACCEPT STREET IMPROVEMENTS Tract No. 15860 (Gregory Estates, Inc., et al) APPROVED of $43,500.00; retain deposit not installed to date. LOCATION-. Southeast corner of Merced Avenue and Walnut Avenue. Accept street improvements and -author- ize the release of Seaboard Surety Company Bond No. 521430 in the amount in the amount of $280.00 for street signs Mr. Flotten-. The Final Map was approved and the bond accepted in the proper manner. Sewers were accepted and the sewer bond was released as of October 14, 1958. We have the certificate of completion • dated November 5, 1958 and the Inspector's final report. Recommendation is to accept the facilities and release the street improvement bond. Motion by Councilman Brown, seconded by Councilman Heath and carried that street improvements in Tract No. 15860 be accepted and authoriza- tion be given for the release of Seaboard Surety Co. Bond No, 521430 in, the amount of $43,500.00; _retaining a deposit in the amount of $280,.000 for street signs not installed to date. ACCEPT STREET IMPROVEMENTS LOCATION-. 820 So Barranca St. Metes & Bounds Subdivision No, 135-11 (John Zsenyuk) Accept street improvements and auihot- APPROVED ize release of deposit in the amount of $200.00. Mr, Flotteno This deposit was accepted on July 21, 1958. We have the certificate of com- pletion dated December 11, 1958 and have the Inspector's final report. Recommendation is to accept the im- provements and release the deposit. This is on curbs and gutters only Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that street improvements in Metes and Bounds Subdivision No. 135-11 be accepted and authorization be given to release the deposit in the amount 010 of $200.00. C. C. 12/22/58 ACCEPT STREET IMPROVEMENTS Precise Plan No. 62 Zone Change No. 57 (Spencer Jones) APPROVED Page Three LOCATION. Northeast.corner of Azusa Avenue and Puente Avenue. Accept street improvements and authorize release of United Pacific Insurance Co. Bond No. 276282 in the amount of $3,000.00. Mr. Flotten. This bond was accepted quite some time ago, August, 1956, under Resolution No. 1005. We have the certificate of com- pletion dated October, 1958 and the Inspector's final report. Recommenda- tionis to accept the improvements and release the bond. This Precise Plan was adopted in 1955. Motion by Councilman Brown, seconded by Councilman Heath and carried that Street Improvements in Precise Plan No. 62 and Zone Change No. 57 be accepted and authorization given for the release of United Pacific Insurance Co. Bond No. 276282 in the amount of $3,000.00. ACCEPT STREET IMPROVEMENTS Project No. C-73 (Cox Bros. Construction Co.) APPROVED Mr. Flotteno report. Recommend acceptance LOCATION. Walnut Creek Parkway,.east of California Avenue. Accept street improvements and authorize the release of Continental Casualty Co. Labor, Material and Performance Bdnd No. 1521669 in the amount of $4,363.34. The contract was awarded to Cox Bros. in July, 1958. We have the certificate of completion and the Inspector's final and release of bond. Motion by Councilman Barnes, seconded by Councilman Pittenger and carried that street improvements in Project No. C-73 be accepted and authoriza-.. tion be given for the release of Continental Casualty Company Labor, Material and Performance Bond No. 1521669 in the amount of $4,363.34. ACCEPT STREET IMPROVEMENTS LOCATION. Miniature Golf Course,.west Unclassified Use Permit side of Azusa Avenue, north of Rowland No. 19 .(Russell E. Uhl) Avenue. APPROVED Accept street improvements (sidewalks) and authorize release of remainder of deposit in the amount of $182.50. Retain $300.00 deposit for street lights. 0 Mr. Flotten. Deposit was accepted in April, 1958. We have the certificate of completion dated September 15, 1958 and the Inspec- tor's Final Report dated October, 1958. Recommend acceptance and release of deposit. 4F C. C. 12/22/58 Page Four • UNCLASSIFIED USE PERMIT NO. 19 - continued Motion by Councilman Brown, seconded by Councilman Heath and carried that street improvements (sidewalks) in Unclassified Use Permit No. 19 be accepted and authorization given for the release of the remainder of the deposit in the amount of $182..508 retaining $300.00 deposit for street lights. RESOLUTION NO. 1480 Restoring vehicular access to Lark Ellen Ave, from Lot No. 10, Tract No. 18807 ADOPTED AS AMENDED The City Clerk presented and read: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING A PERMIT FOR DRIVEWAY ACCESS TO LARK ELLEN AVENUE". LOCATION: Southwest corner of Lark Ellen Avenue and Louisa Avenue. Subject to construction of driveway turnaround. Mr. Gerschler: Councilman Brown: Mr. Dosh: The Planning Commission reviewed this matter and they recommended the access be permitted provided that a driveway turnaround be installed. I think we can accept this one but in the future I feel we should look these over in relation to the 90 day revoca- tion clause in the resolution, There is nothing in the Resolution stating that he must install the drive- way turnaround. Motion by Councilman Brown, seconded by Councilman Barnes that said Resolution be adopted subject to the condition that the installation of a driveway turnaround be included in the body of the Resolution and.., that the 90 day revocation clause be stricken from the body of the Reso-' lution. Councilman Barnes: I think that such a thing is permanent and you can't restrict it to 90 days. Mayor Mottinger: A subdivision map is not subject to such a time limitation. Once improvements are completed and put in they are not revocable as this Resolution would indicate. City Attorney Williams: This is a situation where you are giving beck an access right to which you have title, However, you can keep the title but give someone a permit to cross it. In that way the title is still in the City. The best practical way to treat this is as City property with the right being permitted, revocable at any time, and I think the • Co Co 12/22/58 Page Five RESOLUTION NO, 1480 - continued City Attorney Williams - continued: Resolution is properly worded. If it is a hardship on the parties to build the garage you can waive it, but if you do so you waive the City°s right to that property. However, the Resolution could be so worded that this use could be revocable when such use would no longer exist. The motion of Councilman Brown and the second of Councilman Barnes was withdrawn. Mr. Williams presented and read the Resolution as amended in relation to the installation of driveway turnaround and the City's right to revoke the permission given when such use ceases to exist for which permission was given. Motion by Councilman Brown, seconded by Councilman Pittenger that said Resolution be adopted, as amended. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No, 1480 PROJECT C-80 LOCATION: Orange Avenue from Durness DELETED FROM AGENDA Street to Merced Avenue. Street improvements. Approve Plans and Specifications. Instruct City Engineer to advertise for bids. Mr„ Flotten stated this item should be deleted from the Agenda in that the Plans and Specifications were not quite completed. It was consensus this be done. PLANS AND SPECIFICATIONS LOCATION: Rowland Avenue, from Azusa PROJECT No. C-81 Avenue to 400 feet westerly. Rowland Avenue Urich Station Approve Plans and Specifications and APPROVED authorize the expenditure of lowering the existing pavement to grade, Amount $1,500.00. Motion by Councilman Pittenger, seconded by Councilman 'Brown that Plans and Specifications for Project No, C-81 be approved and authoriza- tion be given for the expenditure of $1,500.00 for lowering of existing pavement to grade. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes-. None Absent: None 9 1 4P C. C. 12/22/58 ZONE VARIANCE NO. 199 Approval of Contract (Harvey Construction Co.) APPROVED Page Six Approving contract for reconstruction of center portion of Rowland Avenue adjacent_. to Pioneer School to Harvey Construction Company in the amount of $1,789.40. Motion by Councilman Brown, seconded by Councilman Pittenger that the City Manager be authorized to sign the contract with Harvey Construction Company in the amount of $1,789.40 in relation to Zone Variance No.199 for reconstruction of center portion of Rowland Avenue adjacent to Pioneer School. Motion passed on roll call as follows-. Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger. .Noes: None Absent: None SCHEDULED MATTERS PROJECT C-79 Bids were opened as advertised at 10:00 BID AWARDED o°clock A.M., December 22, 1958, in the • Warren Southwest, Inc. office of the City Clerk and referred to the City Engineer for recommendation at this meeting. Street improvements on a portion of Glendora Avenue and a portion of Lark Hill and Spring Meadow Drives. Mr. Flotten stated that proof of publication on December 4 and 1.1, 1958, had been received from the West Covina Tribune, and published as a news item in the Green Sheet. The bids were as follows: WARREN SOUTHWEST, INC. AMERICAN ASPHALT PAVING CO. HARVEY CONSTRUCTION CO. 10% Bid Bond $3,451.00 10% Bid Bond 4,104.70 $412.00 cert.check 4,112.64 Mr. Flotten presented and read the report of the City Engineer which recommended awarding the bid to Warren Southwest, Inc. as the lowest responsible bidder, and that all other bids and bid bonds be returned to the unsuccessful bidders. Motion by Councilman Brown, seconded by Councilman Barnes that the bid award for Project No. C-79 go to Warren Southwest, Inc. as the lowest responsible bidder in the amount of $3,451.00, and that all other bids and bid bonds be returned to the unsuccessful bidders. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent:` None C. C. 12/22/58 Page Seven CITY CLERK'S REPORT CONTINUED ACCEPT SEWER FACILITIES LOCATION, Vine Avenue, Hollenbeck Street. APPROVED and Greenville Drive. Accept sewer facilities and authorize re- lease of Pacific Employers Ins. Co. Bond No. 11-B-61387 in the amount of $13,100.00. Mr. Flotten, The bond for the sewer was accepted on February-18, 1958 under Resolution No. 1303. The Plans and Profiles were approved by the City Engineer and the Sanitation Division in November, 1958 and signed by the County Engineer and the Sanitation District. We have the Inspector's final report of December 16, 1958 reflecting information that leakage tests were completed, lines cleaned, the area back -filled and properly resurfaced. Motion by Councilman Barnes, seconded by Councilman Heath and carried that sewer facilities be accepted in Vine Avenue, Hollenbeck Street and Greenville Drive sewer district and authorization be given for the release of Pacific Employers Ins. Co. Bond No. 11-B-61387 in the amount • of $13,100.00. ACCEPT SEWER FACILITIES LOCATION, Hollencrest Drive and Casa Tract No. 21425 Linda Drive. APPROVED These sewers were installed under option of the subdivider and installed under excavation permit. No subdivision bond was required for these improvements. Mr. Flotten, This subdivision is at the extreme south end of Hollenbeck Avenue. The Plans and Profiles were approved by the City Engineer and the Sanitation Division in August, 1956. They were approved by the County Sanitation District. We have the Inspector's final report dated December 16, 1958 which reflects leakage tests completed, lines cleaned, area back -filled and properly resurfaced.. Motion by Councilman Pittenger,.seconded by Councilman Brown and carried that sewer facilities in Tract No. 21425 be accepted. ACCEPT SEWER FACILITIES LOCATION, Vine and Pima Avenues. . District A111-56-5 APPROVED Accept sewer facilities and authorize the release of Continental Casualty Company Bond No. 15-2-1697 in the amount of $63,925.00. 4? C. C. 12/22/58 DISTRICT A111-56-5 - continued Page Eight Mr. Flotteno This district was approved by the City Council in May, 1958 under Resolution No. 1357. The Plans and Specifications were approved at that same meeting under Resolution No. 1358. On June 30, 1958 Resolution of Intention No. 1379 was passed, setting hearing for July 14, 1958. On July 14, 1958 Resolution No. 1403 was passed ordering work to be done. On August 11, 1958 the City Council awarded the bid for the work to Jerry Artukovich. We have the Inspector's final report which reflects leakage tests completed, lines cleaned, area back -filled and properly resurfaced. Motion by Councilman Heath, seconded by Councilman Brown and carried that sewer facilities in District A'11-56-5 be accepted and authoriza- tion be given for the release of Continental Casualty Company Bond No. 15-2-1697 in the amount of $63,925000. PRELIMINARY REPORT LOCATION: East and west side of Califor- SANITARY SEWER DISTRICT nia Avenue, between Service and Merced District A111-58-4 Avenues, designated as the California REPORT ACCEPTED AND Avenue and Crumley Avenue Sewer District., CITY ENGINEER INSTRUCTED TO PROCEED Preliminary report of City Engineer. Mr. Flotten presented and read the report which stated that transmitted is a signed petition and preliminary assessment map for this district. All the signatures have been validated against the last tax roll and represent 62% of the area of the district. The preliminary estimate of the cost for this project is $134,500.00, or $395.00 per lot. This includes construction costs, engineering and incidental expenses. It was recommended that the map be approved and filed with the City Clerk, and the City Engineer be instructed to request the Health Officer to investigate the sanitary conditions of the district, and that the City Engineer be instructed to proceed with the preparation of final plans and specifications for the project. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the map be approved and filed with the City Clerk; that the City Engineer be instructed to request the Health Officer to investigate the sanitary condition of the district and to proceed with the prepara- tion of final plans and specifications for the project. 40 4? C. C. 12/22/58 PROJECT NO. SS-5 Civic Center Sewers APPROVAL OF PLANS, AWARD OF BID AND APPROVAL OF.EXPENDITURE FROM SEWER CONSTRUCTION FUND Page Nine Sanitary sewer ,facilities for future City Hall, Public Service Building and present City Hall. Informal bids received by the City Engineer as per City Council instructions of April 28, 1958, Request is for approval of plans, authori- zation for the expenditure of funds from the Sewer Construction Fund, and award of the contract to Tony Pipeline Construction Company per their low bid in the amount of $1,946.56. This covers the construction of the mainline sewer only. Mr. Flotten stated that under the date of December 18, 1958, the -Sani- tation Engineer had furnished reports to members of Council in relation to this project with respect to number of bids and the bidders. Motion by Councilman Brown, seconded by Councilman Pittenger that the plans on Project No. SS-5, Civic Center Sewers, be approved; that authorization be given for the expenditure of funds from the Sewer • Construction Fund; and the award of contract be given to the Tony Pipeline Construction Company, as per their low proposal in the amount of $1, 946. 56 . Motion passed on roll call as follows - Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None RESOLUTION NO. 1481 The City Clerk presented: (Precise Plan No. 111) "A RESOLUTION OF THE CITY COUNCIL OF THE Accepting bond for the CITY OF WEST COVINA APPROVING BOND TO installation of Sanitary GUARANTEE THE COST OF CERTAIN IMPROVEMENTS Sewers AND THE TIME OF COMPLETION IN PRECISE ADOPTED PLAN NO. 111 IN SAID CITY". LOCATION: Fairway Lane to Walnut Creek Wash. Maryland Casualty Company Bond No. 90-615386 in the amount of $3,850.00. Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger,.Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1481 0 Co Co 12/22/58 Page Ten CITY CLERK'S REPORTS PLANNING COMMISSION None RECREATION AND PARK Councilman Barnes: At the last meeting of the Commission they were very interested in whether Ordinance 390 had been brought before Council at their previous meeting, and I believe it was, and also the Resolution in regard to Cameron Park in relation to the Teen -Kan - Teen. Other than that I have nothing to report, Mayor Mottingero GENERAL MATTERS ORAL COMMUNICATIONS • WRITTEN COMMUNICATIONS I believe these matters have been taken care of. None Mr. Flotten stated that a letter had been received from the Edison Company appealing the decision of the Planning Commission regarding ; Unclassified Use Permit #31 and requesting hearing for January 26,1956)4' It was indicated this matter had been tentatively set for the date requested. REQUEST OF PAUL Co DAVIS Mr. Flotten presented and read the communi- Land at northeast corner of cation. It was indicated that Mr. Davis Fairgrove and Sunset had run into a problem on a tract of land REFERRED TO PLANNING at the northeast corner of Fairgrove and DEPARTMENT Sunset. The south boundary of this pro- perty is Fairgrove and across the street is Los Angeles County which has been de- veloped into 6000 square foot lots and the houses sold for $12,500.00. On the akst line there is still 6000 square foot lots and houses that sold for $10,500.00. On the north line is a tract of land with the same zoning as the property on the northeast corner of Fairgrove.-and Sunset, but north of it there is a business center, Across Sunset the Bassett School has bought this land, except eight acres,for a school. The tract of land indicated is, at present, placed in Zone 2 requiring 40 9450 square feet per lot. Mr. Davis requests the City to make a study of this property to have it come under Zone 1 making the lots 7500 square feet. It was consensus this be referre4 to the Planning Department. I • C. C. 12/22/58 COMMUNICATION FROM May L. Pendill 443 N. Irwindale Ave. West Covina REFERRED TO CITY ENGINEER Page Eleven Mr. Flotten presented and read this communication which was in relation to having the curb and gutter paving in front of the home at 443 N. Irwindale Avenue, along with residence at 445 N. Irwindale It was consensus this matter be referred to the.City Engineer for report. EXPRESSING APPRECIATION Mr. Flotten presented and read a Resolu- FOR ASSISTANCE IN THE tion of the County of Los Angeles, Board CONTROL OF MALIBU FIRE of Supervisors, commending agencies, asso- ciations, organizations and commercial and., business enterprises assisting in control of said fire. CITY MANAGER REPORTS ZONE CHANGE NO. 127 Annexation No. 159 - Hill, Hoke and and Ferraro (still pending) PRECISE PLAN NO. 135 NO DECISION DUE;TO LOCATION: Northeast and northwest corners TIE VOTE of Lark Ellen and Francisquito Avenues. REQUEST: R-3, R-P and C-1 Uses EXISTING ZONE: R-1 Y I e_a- 'q,,Z n Ma or Mottinger: It was requed.4thA this item be de- -tided on this evening, This had been referred to the Planning Commission for further investigation. The City Attorney has advised us that it is not necessary to have another general public hearing, and that it is up to us to make a decision on this matter. I do not believe we need to go through all the history on this matter, which also reflects the matter of Annexation No. 159 -- it isall a matter of record. The item is whether Zone Change No. 113 should be granted because annexation No. 159 is dependent upon the passage and approval of the zone change. . Councilman Heath: I believe the applicant said the annexa- tion should be held up until the zone change was decided upon. Mayor Mottinger: That is correct. They have reserved the.;. right to withdraw the annexation if.the zone change is not granted. Mr. Flotten: Zone Change No. 113 was the original application that was denied. Zone Change No. 127 is the application now before you. I E r: C. C. 12/22/58 ZONE CHANGE NO, 127 - continued Page Twelve Councilman Heath: I have investigated a lot on this thing. I am concerned about this problem. It started before I came on the Council and has dragged out for quite some time. I took the liberty of going to the official City files and read them through from beginning to end. I feel that this application for .zoning has been the most controversial issue before Council, that I know of, and I wanted to know what all the problems were to find out if I were missing something. I read through the entire information in the files, three booklets of it. I went back through the Minutes of the Planning Commission and Council meetings and the best I could make out of it was this: the opponents to this zone change want to determine first that a need exists for this zoning. The second problem (of the opponents) is the yards backing up to this development and they will lose their privacy. The opposition felt that due to the slope of the land the people in the shopping area would be able to look in. The third problem was flashing advertising signs causing a nuisance. The fourth was that in the second story E-3 people could look into adjacent yards. The fifth problem was dangers to children on Lark Ellen Avenue due to a heavier concentration of trucks on this street and there were no sidewalks. The sixth problem was, and I quote, "We just don't want it" In conversation with some of these people in the area there were two more things brought out that are not in the record. They were, "suppose this is granted? Next week they will want gas stations in there", The other was, "Suppose a malt shop opens up and it turns out to be a hang- out for kids on motorcycles?" I have tried my best to bring out every opposing statement made in the Minutes. I might have missed some but I do not think I did, so I will. take the oppositionsl�statements.one at a time. The opposition wants to determine whether the need exists. The propon- ents, through Mr. Eisner"s report, have shown that a neighborhood shopping area will support itself in this location. Mr. Eisner was misquoted on a point and according to official records he said this, "This is not to say that this is. the only location for a shopping center in West Covina". This is where the quotation ends and is true so far as it goes. However, the statement goes further and he says, "But we were asked what it would draw from without doing actual economic damage to other markets. Centers which are a mile apart have a tendency not to overlap the area of purchasing power available to them." We got this word from Mr. Eisner and,he seems to feel a shopping area would support 4FC. C. 12/22/58 Page Thirteen ZONE CHANGE NO. 127 - continued -Councilman Heath --continued: itself over there. He is of the opinion that neighborhood shopping areas should be about a mile apart. He is basingthis on a report put out by the Realty Board based on the standards of the Urban Land -Insti- tute of the Realty Board. If you remember when Mr. Bennett was here, giving his report which we were waiting for as final information on this question, Mr. Bennett backed him (Mr. Eisner) up and said a mile apart is good for a shopping area. In talking to Mr. Bennett at 11:00 o'clock this morning the latest information he has is now, three-quarters of a mile apart (for shopping areas) is all right. Now I think that with Mr. Eisner°s experience, and Mr. Bennett's remarks, you have two reliable people saying that a shopping area could support itself in there and would be in keeping with the standards set up all over the United States by the Urban Land Institute of the Realty Board, and is something that should be considered. The second problem was, yards backing up lose privacy, and slope of the land would cause people in back of the shopping area to lose their • privacy. This Saturday I went over the entire land area. Along the rear of this lot there is a six foot wall for about a third of the length of the lot. The wall is six feet high. I would defy anyone to stand on the south (end) of that wall, regardless of where he stood on the lot, and look into those properties surrounded by the lot. A wall is supposed to be put on this property. Mr. Garvey stated that the parking area would even be lowered if it was found to be necessary. I think that if you would visit the land and stand next to the six foot wall you would agree that privacy is not violated. In relation to flashing signs being a nuisance I would state that we now have an ordinance prohibiting this (type of sign). The problem that in the second story R-3 people could look into adjacent yards is similar to the flashing sign mentioned. We now have an R-3 ordinance which would take care of that problem. The next problem was dangers to children on Lark Ellen Avenue because of large trucks using the street and at a place where there are no sidewalks. I do not think the City would sit still one minute and have that street be used for heavy trucks. It is posted for 6000 pounds gross and would be posted against any trucks going up that street. Now we have the next one, not in the record, and again I quote, "Suppose this is granted then next week gas stations will be wanted in there". It is quite true that gas stations were proposed in the beginning, but they have been withdrawn. I feel this way about gas stations, that I will absolutely and positively oppose any gas stations in that area or in the (entire) southeastern area of the City. C. C. 12/22/58 Page Fourteen ZONE CHANGE NO. 127 - continued Councilman Heath - continued: There was another one, "Suppose malt shop opens up there and it becomes a hang-out for kids on motorcycles". I believe this is a policing problem. I have faith in our Police Department and they have done a good job in these matters and such things have not occurred anywhere in the City so why should they let this happen in this area? The statement "we just don't want it" I can't say anything about. I went through the records and found an interesting statement made by Mr. Jackson of the Planning.Commission as indicated in the Minutes of February 19, 1958, and he says, "Recently the City committed itself to contract with Mr. Bennett as to the need of commercial in the City. I think it would be unappropriate to change the Master Plan to allow more commercial to come in as we may find that we have enough commercial". Commissioner Pink agrees with Mr. Jackson and states, "We should take it easy until we find out just exactly what we do need and where we need it". I feel by listening to Mr. Eisner, and Mr. Bennett to whom we paid a lot of money to obtain advice from, that if we don't heed that advice there qF was no sense in spending the taxpayers' money. We waited and by much discussion on this to find out what Mr. Bennett had to say and you all know what he had to say on the matter. In talking to him (Mr. Bennett) on the phone I verified what was in his report, of which you all had a copy, and he stated we still are going to have to have more commercial area in this City. In looking at the facts, I think every opposition proposed has been satisfactorily remedied. Councilman Pittenger: You have given a very eloquent speech, Mr. Heath, on the fact that we should have,more commercial zoning and particu- larly on this property. However, I would take up some of the things you have mentioned and reply to them. I have not gone over the records so completely as you have, but I was on the Council when this thing started and we have had many hotter issues and of much more importance to the City. This is important to the land owner and the home owners but has no major effect upon the City so far as I can see. As to the reports of Mr. Bennett and Mr. Eisner, Mr. Eisner was hired by the client and I would throw out that testimony as being, shall we say, a bit prejudiced. Mr. Bennett was hired to do a job for our City soand one could interpret his findings in two or three ways. Other cities such as Los Angeles have neighborhood shopping areas within a mile apart, and this practice is also done in the San Fernando Valley. How- ever, I, do not know that the San Fernando Valley (example) is what we are trying to copy out here. I would be much happier to have examples from some other distkicts, as these mentioned are pretty botched up. 4? C. C. 12/22/58 Page Fifteen ZONE CHANGE NO. 127 - continued • Councilman Pittenger - continued: These areas are momma and poppa stores. However, people go to major markets to shop and the people know where the best bargains are and do not need this for neighborhood convenience, We have had other areas in this same section proposed for commercial which had far better plans by a long way and bigger areas. If we'are going to discuss commercial and discuss it in this area I would suggest going back and looking at the commercial area formerly proposed. We are annexing This to give it commercial zoning. Mr. Bennett may be correct in that we need more commercial than we have but there is a lot of existing commercial to develop, as yet. I can't say all of this commercial will develop before we take on any more but I do not think it is necessary to annex and give commercial just to get more commer- cial. They will build it when the market is there and not before: It has been indicated.that, if they can't get it from the City they will get it from the County. I think that is hocus-pocus. There is County land zoned within a mile for commercial. I believe that if we turn it down the County would not touch it with a ten foot pole. You have stated that Lark Ellen will not be a heavily traveled street and that we can post it. We have an off -ramp on this street right from the Freeway and because of that we would have lots of traffic and light trucks. If we did, it would have to be brought up to specifications for such°heavy_ use or we would be in trouble. There is a high school and a grammar school close in the area and that will cause a traffic problem anyway. I see no need for this in this area a-nd the home owner's need has to be considered. The statement, "We just don't want it" is a good reason to consider when we have better locations within a half mile better than this location will ever be. Councilman Heath: We may have had other areas in -there, had offers, but they are not in front of us at the present time nor are there any being brought up in the near future. You can't assure any commercial in that area over there. Councilman Pittenger: If we would deny this and give any indica- tion of the 40 acres over there, he would be back in the morning. There is no Councilman who would deny that. 40 Councilman Heath: you say the County would as Mr. Bennett? That is your opinion but I do not think you actually know. The question is whether this is going into County or not. Would disregard the comments of City planners such C. C. 12/22/58 ZONE CHANGE NO. 127 - continued Page Sixteen Councilman Pittenger: I think they would consider Mr. Breivogel's recommendation instead of Mr. Bennett's if it was left to the County. If we turned it down I would feel they would not accept it for commercial. I have heard it said, for money, that property could be made into commer- cial but I do not think there is enough property to put it through. I do not think there is enough money involved. Councilman Heath: You have brought up the matter of money. This was a point made in Mr. Eisner's report and he seems to be fairly honest. He stated that he estimated the sales tax alone would roughly run about $9,000.00, which is a nice piece of change. On top of that there would be property tax above that $9,000.00. There was another thing he brought out at the time in that R-3 adjacent to a shopping area would, no doubt, keep it rented because of the closeness to a shopping area and would stand up a lot longer than R-3 in other places. Councilman Pittenger: I would still go back to the fact that there is a better area for it and a better development than these fellows show at • Azusa and Cameron. There would be much superior stores, no apartments - all commercial - so if we must go for commercial Let's at least get the best. If they put R-3 against these people's homes there is not enough depth to the property and there is talk about a smaller market. This is a neighborhood thing and if some larger one develops down below what would happen? Councilman Barnes: I do not think we should take anything into consideration other than the support of this here as indicated in Mr. Eisner's report. I think he might be prejudiced but I think his report is accur- ate that it would be supported in this location, in relation to the market. Mr. Bennett said a shopping area was needed in that particular area of ..the City and as Councilman Pittenger states, we have had other and better developments proposed for such use in the area. However, the reason I wasn't for that is that it was in close proximity to the high school and I still believe this way. I would not want a shopping area there and Lstill do not think,it would be good next to the high school. In regards to the privacy of the property owners, there is a six foot wall, and if the parking lot is lowered I think this should be done in Go a property of this type if it will be developed as to the use proposed. So far as signs and two story (R-3) buildings next to R-1, I believe that is a matter that is completely under control by the Planning Department. 4? C. C. 12/22/58 Page Seventeen ZONE CHANGE NO. 127 - continued Councilman Barnes - continued: In the matter of this use being dangerous to children on Lark Ellen, I suppose that in a City growing as ours is, such a thing is a danger hazard on moat of our streets. I would not go for gas stations on either one of those corners down there. Councilman Brown: It was mentioned that Lark Ellen was a posted street. I am wondering, however, how long we can `keep it for a posted street. I am wondering how long we can keep it that way with gas tax money due for improving it? So far as stating that in the general area commercial zoning has already been granted by the County, which would annex to West Covina at any time we so desired it, this has been zoned for some 3j to 4 years now and it has never been developed, so whether it is financing or the merchants,,.there_.is something wrong with the community. There is one small development such as this less than a mile away and right around this is two zonings already granted for such commercial use in • the County. As has been mentioned we have had other pieces of property submitted asking for similar zoning which was probably much more desirable to develop commercially, particularly since this request has land which . lies on two sides of the street and it is difficult to get the whole picture on it. So far as Mr. Bennett°s report I have been to Sacramento, was not present at the time of the.meeting with him, and I have not read the report. Mr. C. Powell I would like to ask a question. A great 1313 McWood Street deal of this seems to hinge on the West Covina Bennett report. However, since this was not presented at the hearings we have never had the opportunity to answer that report. Mayor Mottinger: The Bennett report only supplies us with general information and is not on this particular piece. Our discussion and mention of the report is based on the statistics given to us as to whether commercial would be needed in this whole area and it does not point out any particular area or piece of land. I do not believe, be- cause of this, it could be brought in as specific testimony and if it 40 were it would be at the request of Council to open the hearing. The Bennett report is of a general, nature for the entire City and some questions were asked as regards the southerly portion of the City and answers were given but not with this particular piece of property in mind. It was in a general way and nothing to require us entering it as public testimony. 0 • • C. Co 12/22/58 ZONE CHANGE NO. 127 - continued Mr; Powell: Mayor Mottinger: Council would want to reopen out in the Bennett report., Page Eighteen Would it be possible to request opening of the public hearing? It could be requested but it would not necessarily mean the request would be granted. I do not really think the the hearing in relation to what was brought I feel what has been stated by members of Council in relation to this matter pretty well covers -it and I would have nothing to add to what has been said. Motion by Councilman Pittenger that Zone Change No. 127 and Precise, Plan No, 135 be denied received no second. Motion by Councilman Heath that Zone Change No. 127 and Precise Plan No, 135 be approved with modifications, if already not contained, that no gas stations will be permitted, received no second, Mayor Mottinger pointed out that he believed that item would be con- tained since this is C-1 zoning and such use is not allowed in C-1 zoning, Councilman Heath stated that there were certain things that the propon- ents stated they would not do. However, it is in the Minutes as a matter of record and that should be enough to make them abide by it. "Perhaps my recommendation should be subject to the recommendations of., the Planning Department and the regulations of C-1 zoning", Motion by Councilman Heath that Zone Change No, 127 and Precise Plan No, 135 be approved subject to the recommendations of the Planning Commission received no second. Motion by Councilman Heath that.Zone Change No. 127 and Precise Plan No. 135 be approved bubject to the review of the Precise Plan received no second, Councilman Heath: I think the Minutes have enough official statements as to what the proponents will do and I think we can force them to do it. Motion by Councilman Heath, seconded by Councilman Barnes that Zone Change No. 127 and Precise Plan No. 135 be approved, subject to the recommendations of the Planning Commission report of July 16, 1958- Motion tied on roll call as follows: Ayes: Councilmen Heath, Barnes Noes: Councilmen Pittenger, Mottinger Absent: None Not Voting: Councilman Brown 0 • • C.C. 12/22/58 Page Nineteen ZONE CHANGE NO. 127 - continued Councilman Barnes: Would a malt shop be permitted in C-1 zone? Mr, Gerschler: It would be permitted. Councilman Heath: It may have to be patrolled but we have no trouble with this type of use any other place in the City. Mayor Mottinger: It is a tie vote and therefore it is not approved? Mr, Williams: In effect, it is denied, However, I would point out that the annexation proceeding is still pending. You have not passed the Ordinance approving or disapproving it. Countilman Brown: They (applicant) asked us to hold this over until a decision was given on this matter. Mayor.Mottinger: There would seem to be no decision be- cause of the tie vote and the zoning will remain the same as it presently is - as County property. CITY ATTORNEY ORDINANCES INTRODUCTION The City Attorney presented: Adopting Uniform Building "AN ORDINANCE OF THE CITY COUNCIL OF THE Code, 1958 Edition CITY OF WEST COVINA ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1958 EDITION, AND PRESCRIBING PENALTIES FOR THE VIOLA- TION THEREOF" Mayor Mottinger: Hearing no objections, we will waive further reading of the Body of the Ordin- ance. Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that the Ordinance be introduced and given its first reading. C, Co 12/22/58 4F ORDINANCES - continued E Page Twenty INTRODUCTION The City "Attorney presented:' Ordinance Adopting Uniform "AN ORDINANCE OF THE CITY COUNCIL OF Plumbing Code 1958 Edition THE CITY OF WEST COVINA ADOPTING BY REFERENCE THE UNIFORM PLUMBING CODE, 1958 EDITION, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF." Mayor Mottinger: 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. INTRODUCTION The City Attorney presented: Ordinance Adopting "AN ORDINANCE OF THE CITY COUNCIL OF THE an Electrical Code CITY OF WEST COVINA ADOPTING AN ELEC- TRICAL CODE, REGULATING THE INSTALLATION, ARRANGEMENT, ALTERATION,REPAIR, USE AND OPERATION OF ELECTRICAL WIRING, CONNEC- TIONS, FIXTURES AND APPLIANCES IN BUILD- INGS AND STRUCTURES IN THE CITY OF WEST COVINA, PROVIDING FOR ELECTRICAL PERMITS, .ADOPTING BY REFERENCE THE NATIONAL ELEC- TRICAL CODE,-"1956 EDITIONe AND THE,ELEC- TRICAL'SAFETY ORDERS, 1955 EDITION, AND PRESCRIBING PENALTIES FOR THE VIOLATION THER OF", 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. Motion by Councilman Brown, seconded by Councilman Heath and carried that public hearing on the Ordinances relating to Building Code, Plumbing Code and Electrical Code be set for January 12, 1959,. INTRODUCTION Regulating activities in and about Gymnasiums, Massage Parlors, Turkish Baths .The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REGULATING CERTAIN ACTIVITIES IN AND ABOUT GYMNASIUMS, MASSAGE PARLORS, TURKISH BATHS AND SIMI- LAR ESTABLISHMENTS". . Mayor Mottinger: Hearing no objections, we will waive fur- ther reading of the body of -the Ordinance. Motion by Councilman Brown, seconded by Councilman Heath and carried that the Ordinance be introduced and given its first reading. 4? 0 C. C. 12/22/58 ORDINANCES - continued INTRODUCTION Ordinance regulating landing and taking off of aircraft Mayor Mottinger: Page Twenty -One The City Attorney presented; "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REGULATING THE LAND- ING AND TAKING OFF OF AIRCRAFT". Hearing no objections, we will waive fur- ther reading of the body of the Ordinance. Motion by Councilman Barnes, seconded by Councilman Pittenger and carried that the Ordinance be introduced and given its first reading. INTRODUCTION Ordinance amending certain provisions of Ordinance No. 325 relating to'.R-1 and R-2 Zones and creating R-3a, R-3b and R-4 Zones -Mayor Mottinger; The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PRO- VISIONS OF ORDINANCE NO. 325 RELATING TO THE R-1 AND R-2 ZONES AND CREATING THE R-3a, R-3b AND R-4 ZONES". 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. ORDINANCE NO. 606 Proposed Amendment No. 26 to Comprehensive `,Zoning Ordinance No. 325 ADOPTED Mayor Mottinger: The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN SECTIONS OF THE ORDINANCE NO. 325 PER- TAINING TO ZONING AND ZONING PROCEDURES". (City Initiated) Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Pittenger, seconded by Councilman Brown that said Ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Ordinance was given No. 606. I C. C. 12/22/58 ORDINANCES - continued ORDINANCE NO. 607 Amending Ordinance No. 390 ( Recreation and Parks ) ADOPTED Mayor Mottinger: Page Twenty -Two The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEST COVINA AMENDING ORDINANCE NO. 390 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 Brown that said Ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Ordinance was given No. 607. ORDINANCE NO. 608 Ordinance amending official zoning map correcting typographical error in Ordinance No. 601 which amends Zoning Ordinance No. 325 ADOPTED Mayor Mottinger: The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING ORDINANCE NO. 60111. Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Brown, seconded by Councilman Heath that said Ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Ordinance was given No. 608. ORDINANCE NO. 609 Amending Section 1410.1 of Ordinance No. 325 (Temporary Uses) ADOPTED Mayor Mottinger: The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF .THE CITY OF NEST COVINA AMENDING SECTION 1410.1 OF ORDINANCE NO. 325 RELATING TO TEMPORARY USES". Hearing no objections, we will waive further reading of the body of the Ordinance. Co Co 12/22/58 Page Twenty -Three ORDINANCE NO, 609 - continued Motion by Councilman Brown, seconded by Councilman Pittenger that said Ordinance be adopted. Motion passed on roll call as follows, Ayes, Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes, None Absent: None Said Ordinance was given No, 609. RESOLUTIONS RESOLUTION NO. 1482 The City Attorney.presented: Accepting Grant Deed "A RESOLUTION OF THE CITY COUNCIL OF THE (Robbins) CITY OF WEST COVINA ACCEPTING A CERTAIN ADOPTED WRITTEN INSTRUMENT AND DIRECTING RECORDA- TION THEREOF (Robbins) LOCATION, Proposed extension of Vincent Avenue between San Bernardino Freeway and Glendora Avenue • Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Reso- lution. Motion by Councilman Pittenger, 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, 1482. RESOLUTION NO. 1483 The City Attorney presented: Regarding revision of "A RESOLUTION OF THE CITY COUNCIL OF THE Mayo -Breed Formula to CITY OF WEST COVINA URGING THE STATE increase Southland LEGISLATURE TO REVISE THE MAYO-BREED Highway Funds FORMULA TO INCREASE SOUTHLAND HIGHWAY ADOPTED. FUNDS", Mayor Mottinger:. Hearing no objections, we will waive further reading of the body of the Reso- lution. Motion by Councilman Pittenger, 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. 1483. 8 C. C. 12/22/58 RESOLUTIONS - continued Page Twenty -Four RESOLUTION NO. 1484 The City Attorney presented: Supporting Greater Los Angeles "A RESOLUTION OF THE CITY COUNCIL OF Safety Council Program during THE CITY OF WEST COVINA SUPPORTING Christmas Season GREATER LOS ANGELES SAFETY COUNCIL ADOPTED PROGRAM DURING THE CHRISTMAS SEASON". Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Barnes that 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. 1484. RESOLUTION NO. 1485 • Improvements and Extension of Grand Avenue ADOPTED AS AMENDED The City Attorney presented and read: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, COUNTY OF LOS ANGELES,,STATE OF CALITORNIA, REQUEST- ING THE COUNTY BOARD OF SUPERVISORS TO IMPROVE GRAND AVENUE, A MAJOR HIGHWAY IN THE COUNTY MASTER PLAN OF HIGHWAYS, WITH SPECIAL LOS ANGELES COUNTY ROAD DEPARTMENT FUNDS". (AND THAT THE FUNDS NOW APPROPRIATED FOR THIS PROJECT BE EXPENDED DURING THIS FISCAL YEAR) Motion by Councilman Pittenger, 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. 1485. RESOLUTION NO. 1486 Approving Precise Plan of Design No. 139 (Allen and Retherford) ADOPTED Mayor Mottinger: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO. 139 UPON PROPERTY LOCATED AT 2149 EAST GARVEY AVENUE". Hearing no objections, we will waive further reading of the body of the Reso- lution. I • El C. C. 12/22/58 RESOLUTION NO. 1486 - continued Page Twenty -Five 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. 1486. RESOLUTION NO. 1487 Authorizing execution of Quit Claim Deed ADOPTED Mayor Mottinger: The City.,Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING EXECU- TION OF A QUIT CLAIM DEED'•. (Faris) LOCATION: South side west of Orange Avenue of Badillo Avenue, Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1487. RESOLUTION NO. 1488 Proppsing modifications in those certain proceedings for the improvement of - . Thelborn Street and other streets. (A'11-56-7) ADOPTED Mayor Mottinger: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA PROPOSING MODI- FICATIONS IN THOSE CERTAIN PROCEEDINGS FOR THE IMPROVEMENT OF THELBORN STREET AND OTHER STREETS INSTITUTED PURSUANT TO RESOLUTION NO. 1450". (Sanitary Sewer District A111-56-7) Hearing no -objections, we will waive further reading of the body of the Resolution. Motion by Councilman'Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1488. t C..C..12/22/58 Page Twenty -Six RESOLUTION NO. 1488 - continued , Councilman Heath: This is a small district and I am wonder- ing about possibility of adding more on to it? Mr. Dosh: We are making a point of it not to leave any isolated areas. CITY CLERK SEWER PETITION A°11-57-F Phillips Avenue and Danes Drive Sewer REFERRED TO CITY District ENGINEER FOR REPORT Mr. Flotten stated there were 37 non - validated signatures which constituted 64% of the area involved, and recommended it be referred to the City Engineer for report. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the sewer petition Aa11-57-F be referred to the City Engineer for proper report. PETITION REQUESTING Mr. Flotten: We,have a petition regard - EXCLUSION FROM PARTICIPATION ing the lighting district on East IN LIGHTING DISTRICT Cortez Street, east of Barranca Avenue. Tract No. 11310 Copies of the report from the City Engineer have been submitted to Council. The petition is signed by property owners on the opposite side of Campana. Flores who do not wish to be included in the lighting district. The City Engineer's recommendation is that this application be denied. Councilman Brown: vI can't quite see that because a light- ing district is set up in a new subdi- vision why the older, existing buildings should be brought into this lighting district. I am not necessarily in favor of it. This has been done before and I voiceo my opinion about it that I did not think it was right, but this is the first request to be excluded. Councilman Heath: Are these areas to be picked up later? Councilman Brown: Any time they want to go in they can be picked up. Mr. Flotten: to the City, in the tract. are on Cortez Engineer. There are seven street lights to be put on the existing wooden poles on Cortez Street and to be installed, at no cost by the Edison Company. These lights are on Cortez and not These houses, the people who are registering the protest, and that is the basis of the recommendation of the City N • C— C- 12/22/58 Page Twenty -Seven PETITION RE LIGHTING DISTRICT Councilman Pittenger: These might be benefits, but benefits they do not wants I would like to hold this for further discussion and see what the problem is. Mr, Dosho Of all the people who signed this peti- tion only four are being assessed. Those inside the older tract are not affected at all. We required street lights with this tract No. 21014 and in speaking with Mr. Thompson this seems to be the standard practice all over the County - that if. people receive benefit from lights it is up to the City to see that the property is assessed and it is the only equitable way we know. The lights are going to be there and this is based on benefits received, Mayor Mottingero I think we should hold this over for discussion at our newt meeting, and also I think it should be found out just how many dollars are actually going to be paid for this by property owners. LETTERS FROM BOUNDARY No protests will be registered, COMMISSION City of Industry proposed Annexations No. 38 and Noo39 ANNEXATION OF LOTS NO, 81 9, South side of San Bernardino Freeway, 10, 11, 12, LOS ANGELES east of proposed extension of Grand COUNTY Avenue. REFERRED TO CITY ENGINEER It was consensus this be referred to the Planning Department. CITY TREASURER None Mr, Deane Seeger There has been a recreation tax problem for Mr. Aiassao at Halinor and Siesta Streets in the City. There has been a similar problem in E1 Monte and Mr. Aiassa wished me to report to Council that he is waiting for a report from E1 Monte and will possibly have a written report at next meeting of Council, 0 11 r7l C. C. 12/22/58 Page Twenty -Eight MAYOR'S REPORTS SANITATION DISTRICT MEETING I attended the Sanitation District meeting last Wednesday. At that time various representatives acted upon the recommendation that the sanitation district follow the County°s plan of salary increase of 5j%. There was very noticeable concern among those,present at these blanket increases and although it was approved t'was.cautioned'about future blanket --increases and'their affect upon the cities. Although approved, they disapproved of continually increas- ing to meet competition of adjoining governmental agencies. It is some- thing we need to keep in mind in discussion of the budget next year. DECEMBER 26, 1958 Mayor Mottinger: I believe the Presi- AS OFFICIAL HOLIDAY dent has proclaimed December 26, 1958 APPROVED as an official, holiday and I am wonder- ing whether we should so proclaim it .for the City and have City offices closed that day? Mr. Flotten: I contacted the Attorney General as to the wording of the President's state- ment. This was only in respect to Federal employees, not County, State or City. There are two cities in the Valley that are closing on that date and Los Angeles leaves a skeleton crew on for the 26th of December and the 2nd of January, Councilman Brown: I think -we have discussed this infor- mally and I think it would be a greater _advantage to the City to give the employees the 26th off and have them work the week of the New Year's Holiday, with the exception of New Year day, Mr, Williams: The problem here is the City Hall has to be open except on holidays declared by the State and this is not a general holiday, .,.So long as you keep the doors open you can allow the employees the day off. Councilman Barnes: I think it is a good suggestion, but the only thing I would not want to do is start a precedent of any kind, Perhaps for this year it might be good.Perhaps Flotten, Deane and Swindall could draw straws as to which one would be here on the 26th. Councilman Pittenger: It should be indicated that whoever did stay at the City Hall on the 26th .would have January 2nd off, to compen- sate for that. Councilman Brown: I would feel that only one.person would be necessary in the City Hall on that Friday after Christmas, but I would like to go on record that this shall not set a precedent that this will be always permitted the day after Christmas. ti 9 t • Co Co 12/22/58 Page Twenty -Nine OFFICIAL HOLIDAY DECEMBER 26n 1958 - continued Motion by Councilman Browne seconded by Councilman Barnes and carried that the City employees be given the day of December 26, 1958 as an off -day and whoever finds it mandatory to work on the 26th of December shall be given January 2, 1959 as an off -day, but in no way is this to set a precedent for future years. COUNCIL COMMITTEE REPORTS Councilman Barnes: The Upper San Gabriel Water Association annual associate member dues are due which is in the amount of $100.00, to be paid January 1, 1959. This year the producing members are paying .06 an acre foot assessment to make it equal for all companies. They have asked us, as an associate member, to contribute $100.00 to the associa- tion. Motion by Councilman Barnes, seconded by Councilman Heath that the City of West Covina retain its membership in the Upper San Gabriel Water Association and that payment of dues from January 1, 1959 to January 1, 1960, in the amount of $1000.00, be paid. Motion passed on roll call as follows. Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None HANDLING OF CASH DEPOSITS In discussion, it was indicated that CITY ATTORNEY TO PREPARE this practice of accepting cash deposits RESOLUTION is costing the City money in relation to work necessary to be done as regards bookkeeping, etc., at no cost to the parties for which the cash deposits are handled. Mayor Mottinger stated that Mr. Williams should prepare a resolution along the lines indicated in that Council is against handling these cash bonds without some remuneration for the services that must be rendered by the City in accepting these, and that the City does not desire to accept cash bonds over a certain figure, possibly only up to $1,000.00. TRAFFIC DONDITIONS AT Councilman Brown: We have a serious CITRUS AND SERVICE ROAD traffic condition at Citrus and the INTO EASTLAND AND TURN Service Road into Eastland and the turn INTO AKRON into Akron Store. There is a double line on Citrus that should stop traffic from turning left going into Akron, but it doesn't seem to mean anything. I think we should have the traffic engineer make a survey to see if Akron needs another inlet or outlet, Y N • C. C. 12/22/58 TRAFFIC CONDITIONS - continued Councilman Brown - continued: Page Thirty or a berm, to keep them (traffic) from going over the double line to get in there. At one time I was against a road off from the service road but rather than see this thing happening I would rathersee a road off the service road. Mr. Dosh indicated this matter is already under study and that now it is just a. matter of putting it together for report. Councilman Heath queried -as to whether any communication had been sent to Baldwin Park in.relation.to their proposed annexation near the Hartland Hospital and Mr. Flotten indicated this had been done, and no pkotest had been registered. Councilman Heath queried as to the Holding Cell in the new police headquarters and that it must meet certain specifications. Mr. Dosh indicated this Holding Cell had been deleted from the contilact. Councilman Heath: I would refer to Page 7 of the Minutes of December 1, 1958 and in reference to the motion which states: Motion by Councilman Pittenger, seconded by Councilman Heath and carried that the petition for Fircroft and dine Avenue Sewer District to be added to District A111-58-1, and referred to -the City -Engineer for proper report, be approved, but with the stipulation that the award of the bid contract be withheld until the matter is cleared up in relation to the property in question and the school property. Since this was stated we have found out that the property in question is not a part of Ae11-58-1 and yet we are still holding on to this and there is no connection with it. Mayor Mottinger indicated that Council was waiting for a complete report on the matter. Mr. Dosh stated that in speaking to the owners in the area there it was the general consensus of the people involved that they would not make a decision until there is.something.concret4- in relation to the proposed sub -station. Councilman Barnes: In any event, where an easement is granted if the easement is not used for the purpose originally indicated it reverts back to the property owners. I • • Co C. 12/22/58 Page Thirty -One Councilman Pittenger: If you had an easement for sewer on one side of a man's property and it was not used for such, that easement would be released. Mr..Dosh: That is correct, we would release it if we could or did get a better easement. Mayor Mottinger: I think this thing should follow through in the procedure we have started, which was to get a report from the City staff. There is nothing being held up and it could be put on our next Agenda to be sure this thing gets cleared up. Councilman Brown: In relation to the matter of Azusa Avenue south of the Freeway which is to be introduced at a legislative session by Ron Cameron, who is ready to introduce it. Letters from our own staff were sent out to business peo'le asking for their endorsement to have Azusa Avenue put through, but it seemed to be the feeling that if such endorsement was given for Azusa it might lose Vincent or Grand. I feel this matter should have gone to the Chamber of Commerce, which has been our practice in the past. I think it should be clarified and pre- sented to the Chamber of Commerce for their support and explained to them. Mayor Mottinger: You are.on the committee representing the Council and I think it would be well for you to explain this matter to them and get their Resolution in back of it. DEMANDS APPROVED Motion by Councilman Heath, seconded by Councilman Brown that Demands in the amount of $228,940.86, as shown on Demand Sheets B-52, C-120 and.C-121 be approved; this to include bank transfers in the amount of $136,500.00 and Fund Transfers in the amount of $43,331,43. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None There being no further business, at 10:25 P. M. motion by Councilman Pittenger, seconded by Councilman Heath that the meeting be adjourned. APPROVED BY.CITY COUNCIL Date January 12, 1959 As submitted Page 11 - Mayor Mottinger's statement should With the following corrections: read: "It was requested by the applicant that this item be decided upon is evening", instead of "It was requested that this item be decided on this evening.", as indicated.