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01-12-1959 - Regular Meeting - Minutes�a MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA January 12, 1959 The meeting was called to order by Mayor Mottinger at 7040 P. Mo in the West Covina City Hallo The Pledge of Allegiance was led by Councilman Brown with the invocation given by the Rev. Don Locher of the West Covina Methodist Church, ROLL CALL Present: Mayor Mottinger, Councilmen Heath; Brown, Pittenger.., Barnes Others Present: Mr, George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr,- Harry Co Williams, City Attorney Mr, Tom Dosh, Assistant Public Services Director Mr. Malcolm Co Gerschler, Planning Coordinator Absent: None APPROVAL OF MINUTES December 22, 1958 - Approved as corrected as follows: Page 11 - Mayor Mottinger's statement should read: "It was requested by the applicant that this item be decided upon this evening.",instead of "It was requested that this item be decided on this evening by the applicant.", as.indicated, GENERAL MATTERS ORAL COMMUNICATIONS PETITION REQUESTING EXCLUSION Mr, Flotten presented and read a petition, FROM PARTICIPATION IN dated November 24, 1958, from owners of LIGHTING DISTRICT - CORTEZ residences on Campana Flores Drive which STREET requested that they not be included in REFERRED TO CITY MANAGER this lighting district for 1958-1959. FOR STUDY AND REPORT Mr. Flotten stated that the Council had the report of the City Engineer, dated December 4, 1958, which indicated the recommendation the peti- tioners not be excluded from this lighting district and stating his reasons for such a recommendation, C. C. 1-12-59 Page Two PETITION RE EXCLUSION FROM LIGHTING DISTRICT - continued Mr. Rosetti, speaking for Mr. Thompson, the Assessment Engineer, pre- sented maps of this area to members of Council and gave a detailed explanation of the matter in relation to said lighting assessment on the various parcels as indicated on the map. Mr. Rosetti: These assessments were made on the assumption the lights were going in but they have not been installed as yet. If they (lights) do not go in, credit can be given against the follow- ing year for what they have paid for .in this new lighting year,.. Lighting is different from any other assessment in that it is a direct benefit. These people are being assessed because this lighting would have affected certain properties beneficially if it had gone in. Actually, there are only four people involved in the petition, Councilman Pittenger: There are four that face on Campana Flores Drive so you are lighting the side (of their property) so I do not see where that is a benefit and also they might not want it. Mr, Rosetti: It is benefiting the property. Where - ever the light shines on your property it is benefiting it. Councilman Pittenger: I can see no reason to go across the street on this. These people have been out here years and years and have never asked for street lights. But the developer puts them in, in another tract, and they get assessed for street lights, Councilman Brown: They didn't ask to be in the district, they are being forced to go in a. district over their opposition, Mr, Rosetti: -In the organizing of a (lighting) district we are to assume that what is wanted is what Council has preferred. We do not determine the district in the line of what property wants to be in and what property wants to be out. Thi.s was given to us as a (lighting) district and we have to assume it is to be organized under the proper procedure and assessment. Mayor Mottinger; I believe we have set a precedent in other areas in the City and assessed property owners in such similar areas. Councilman Brown: We may have set a precedent, but this is the first group that has protested. Per- haps we should instruct the staff not to include anyone (in a lighting district) on this basis (under protest) in the future. C. C. 1-12-59 Page Three PETITION RE EXCLUSION FROM LIGHTING DISTRICT - continued Councilman Pittenger: Here is,a man that has a stable here and maybe it (lighting) will disturb his horses and is of no particular ad- vantage to him. If there were to'be some subdivision, in the future, maybe it would benefit him. Mayor Mottinger: I would like to question as to where we stand --with regard to those situations which we have already established along these lines. Mr. Williams: I think there is only one of two answers. Either you do not have lights on the streets at all or if you do have lights on these streets those properties legally benefited must be in the assessed district. You cannot have sewers or sidewalks and curbing improvements and say that because some do not like curbs and gutter, or sidewalks, or sewers that they do not have to pay the assessment because to do this would defeat the whole assessment proceedings. And assessment must fall equally on a district, you cannot delineate. If you do have lights it makes little difference if the people did not want them if the area is benefited. If both sides of a street are benefited, you can't state only one side of the street is benefited because it is a matter of assessment and it would be defeating its purpose. Mr. Rosetti: You can't look at this and say these .. lights do not light up the streett indi- cated. Councilman Pittenger: If the homes fronted on Cortez I could see.where they might be considered benefited.but I can't see lighting a man's pasture and charging him for it. Councilman Barnes: Would there be a possibility of leaving the lights off this street until the upper part is developed further? Councilman Brown: We asked for lights here. Mr. Williams: You might amend the arrangement for the subdivider to leave the lights out of this street. Mayor Mottinger: That might seem to be the only answer to it at the present time. We have re- quired these lights, however, as a pro- vision of the subdivision. C. C. 1-12-59 Page Four PETITION RE EXCLUSION FROM LIGHTING DISTRICT - continued Mr. Aiassa: I think that perhaps this matter should be turned over to the staff and see if theme might be another solution to this question without deciding on it tonight, Mayor Mottinger: We have a petition of protest and I do not believe we are in a position to act without some recommendation from your office, Mr. Aiassa, Mr. Aiassa: I would like to go over the agreement we have with the subdivider and perhaps the matter could be turned over to the City Attorney and myself and to work with Mr. Thompson on it. You might be establishing a policy. It was consensus that this matter be turned over to the City Manager for further study and report. SCHEDULED MATTERS HF. AR TNG.R INSTALLATION OF SANITARY Hearing of protests or objections to the 'SEWERS -.District A'11-56-7 proposed modifications in those certain proceedings for the installation of sanitary sewers in the Thelborn, Toland and Osborn Streets sewer district. Set for hearing on this date by Resolution No. 1488 passed by the City Council at their regular meeting of December 22, 1958. Mayor Mottinger: The hour of 8:00 P. M. having arrived, this is the time and place for hearing protests or objections against the pro- posed modification in those proceedings as described in Resolution No. 1488. ' Mr. City Clerk, do you have the Affidavit of Publication relative to this hearing? Mr. Flotten: I have the Affidavit of Publication relative to this hearing which was pub- lished on January 1 and January 8, 1959. Mayor Mottinger: I will entertain a motion to receive and . file the affidavit. Motion by Councilman Barnes, seconded by Councilman Heath and carried that the. Affidavit of Publication be received and filed for the record. C. C. 1-12-59 Page Five DISTRICT A'11-56-7 - continued Mayor Mottinger: Mr._Ci.ty_,,Qlerk, have you received any written protests or objections against the doing of the proposed work? Mr. Flotten: We have received no protests, written or oral. Mayor Mottinger: Are there any in the audience who may desire to protest the proceedings in re- lation to -the installation of sanitary sewers under District A'11-56-7? There were no protests or objections presented from the audience. Mayor Mottinger: Hearing no protests or objections, I will entertain a motion that this hear- ing on District A111-56-7 be closed. Motion by Councilman Barnes, seconded by Councilman Pittenger and carried that the hearing on District A111-56-7 be closed. RESOLUTION NO. 1489 Ordering certain modifica- tions in those proceedings for the improvement of Thelborn Street and other streets ;(A-11-56-7) ADOPTED Mayor Mottinger: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING CERTAIN MODIFICATIONS IN THOSE PROCEEDINGS FOR THE IMPROVEMENT OF THELBORN STREET AND OTHER STREETS, INSTITUTED PURSUANT TO RESOLUTION NO. 1450 (A'11-56-7) Hearing no objections, we will waive further reading of the body of the.Reso- lution. Motion by Councilman Pittenger, 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.1489. ZONE VARIANCE NO. 253 LOCATION: 301 North Lark Ellen Avenue Howard F. and Sally N.Moody (northwestcorner of Lark Ellen and . REFERRED TO CITY MANAGER Workman Avenues) FOR REPORT REQUEST: To permit the construction and maintenance of a 6-foot block wall and wood gate, within property line on the Workman Avenue side from front of the house to the end of the property in the rear, in Zone R-1. C. C. 1-12-59 Page Sias ZONE VARIANCE NO. 253 - continued Approved under Planning Commission Resolution No. 679. Decision of the Planning Commission appealed by letter. Hearing notice published in the West Covina Tribune on January 1, 1959. Maps were presented and the City Clerk read Planning Commission Reso- lution. No. 679 approving Zone Variance No. 253. Mayor Mottinger opened the public hearing, and stated that all those desiring to present testimony shall rise and be sworn in by the City Clerk. TN RAVnR Howard F. Moody We have a reversed lot and also a sep- 301 N. Lark Ellen Avenue arate garage. It chops up our yard West Covina quite a bit and we hope to have a swimming pool put in our back yard and in its (yard) present form it just won't fit. We wish to reclaim 12 feet and build a fence within our property line. I have asked for a 6-foot block wall so that we can properly protect the pool and keep children away from it. I intend to paint it the same color as my home. I think this will add beauty to the property and it certainly is not detrimental. On the strength of the Planning Commission's favorable decision I went ahead and let a contract to Taylor -made Fence Company and I have their drawing of what they will construct and it is in keeping with our pro- posal. I would like to submit it to Council at this time. Mayor Mottinger: This wall is where the wood fence is shown at the present time? Is that correct? Mr. Moody: Yes, and it will be removed and the wall will be placed 12 feet out from there. Councilman Pittenger: It comes as far as the front of your house? Mr. Moody: Yes, it does. IN OPPOSITION Robert O'Malley I would like to present a petition 247 N. Lark Ellen Avenue signed by 30 of the property owners in West Covina the immediate ne-ighborhood and also a letter here, protesti.hg this use, from Mrs. Roundtree who is the property owner of the key lot directly to the rear of the reversed lot. The City Clerk presented and read the petition in objection to this proposed variance and stated there were 30 signers of the petition. 0 C. C. 1-12-59 ZONE VARIANCE NO. 253 Mr. O'Malley: drainage and that means that an Roundtree's property. Page Seven I would further like to state that on the back of the rear property there is a 2-foot retaining wall acting as 8-foot wall would be there facing Mrs. E. Kay. I own the property just opposite the 1360 E. Workman Avenue Moody property. I feel this fence West Covina would be detrimental to the key lot and that it will be brought out to the curb and give an institutional effect to the three properties that have to face it. There is also two hazards involved in relation to safety factors. The one is on Lark Ellen Avenue and Workman and it goes against our ordin- ance which I feel protects a corner such as that from a 6-foot fence or block wall of any kind. This wall will obstruct traffic view at Lark Ellen and Workman and cause a hazard at the driveways. Our Police force and Fire Department use that street, Workman, very much at high speeds in enacting their duties and I feel this would jeopardize the Police force equipment and personnel and the immediate families around there. Also the children stop there for the school bus and I think this fence should not be built so as to obstruct any view. IN REBUTTAL Mr. Moody: There is one point that Mr. Kay made in that this fence would come out to the curb. That is in error as it will be 10 feet 6 inches away from the curb. In relation to the statement of Mr. O'Malley that this violates our ordinance, I believe that the Planning Commission checked into that item and that I was within the letter of the law on that. There being no further testimony, the hearing was declared closed. Motion by Councilman Heath, seconded by Councilman Barnes and carried that ;Zone Variance No. 253 be referred to the City Manager in accord- ance with the recommendation of the communication from the Planning Department dated January 12, 1959, and that the City Manager will report on this matter at the earliest possible time. Councilman Pittenger stated that Council should also get a report on the ordinance in relation to fences on corner lots and it was consen- sus this should be done with the report to be given on Zone Variance No. 253. 0 C. C. 1-12-59 Page Eight ZONE CHANGE NO. 135 LOCATION: 2004 East Garvey Avenue, PRECISE PLAN NO. 145 between Azusa Avenue and Hollenbeck St. Frank Bowers REFERRED TO CITY MANAGER REQUEST: Application to reclassify AND PUBLIC WORKS DEPART- from Zone R-A to Zone R-3, and Adoption MENT FOR REPORT of Precise Plan of Design No. 145. Approved by the Planning Commission under their Resolutions No. 683 and 684. Maps were presented by the City Clerk and Planning Commission Resolu- tions No. 683 and No. 684 were read. Mayor Mottinger opened the public hearing and stated that all those desiring to present testimony should rise and be sworn in by the City Clerk. There being no testimony presented, the hearing was declared closed. Councilman Heath: There are two questions in looking at this. First of all, on a development like this, for apartments, does the Fire Department have any check on these.to see' about accessibility of fire apparatus? Mr. Aiassa: Yes, there is a committee of the Planning, Engineering and Fire Depart- ments to investigate such matters. Councilman Heath: They (Fire Department) feel it can get its equipment through these openings? Mr. Gerschler: Yes, they are satisfied with the plan and made certain specifications as to placement of hydrants throughout the plan and other relative matters. Councilman Heath: You have a 5-foot drainage easement in two places on the south. What do we do on sewers? If sewers go in would they go out to Garvey Avenue? Is it level enough to go to Garvey Avenue? Mr. Gerschler: Sanitary Sewers are a provision of the Precise Plan. Mayor Mottinger: Has this matter been studied as to whether it would be possible to sewer it? Councilman Heath: We have two 5-foot drainage easements to the south of this property and the only access to sewers would be at the north - something doesn't jibe here. is C. C. 1-12-59 Page Nine ZONE CHANGE NO. 135 - continued Motion by Councilman Heath, seconded by Councilman Barnes and carried that action on Zone Change No. 135 and Precise Plan Noo 145 be - postponed to the next regular meeting of Council, during which time the City Manager and Public Works Department will study the sewerage drainage of the property and present a report. HEARING ON PROPOSED ORDINANCE ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE 1958 EDITION AND DESCRIBING PENALTIES FOR VIOLATION THEREOF Hearing set for January 12, 1959 by Council at their regular meeting of December 22, 1958. Notice of hearing published in the West Covina Tribune on January 1 and 8, 1959. Mayor Mottinger stated that this was the time and place to hear public testimony on the matter of the proposed ordinance covering a Uniform Building Code and that all those desiring to present testimony should rise and be sworn in by the City Clerk, There being no testimony presented, the hearing was declared closed. SECOND READING ORDINANCE NO..610 Adopting Uniform Building Code, 1958 Edition ADOPTED Mayor Mottinger: The City Clerk presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1958 EDITION, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF", 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. 610 HEARING ON PROPOSED ORDINANCE Hearing set for January 12, 1959 by ADOPTING BY REFERENCE THE Council at their regular meeting of UNIFORM PLUMBING CODE, 1958 December 22, 1958. EDITION AND PRESCRIBING PENALTIES FOR VIOLATIONS Notice of hearing published in the THEREOF West Covina Tribune on January 1 and 8, 1959. C. C. 1-12-59 Page Ten ORDINANCE ADOPTING UNIFORM PLUMBING CODE - continued Mayor Mottinger stated that this was the time and place to hear public testimony on the matter of the proposed ordinance covering a Uniform Plumbing Code and that all those desiring to present testimony should rise and be sworn in by the City Clerk. There being no testimony presented, the hearing was declared closed. SECOND READING The City Clerk presented: ORDINANCE NO. 611 "AN ORDINANCE OF THE CITY COUNCIL OF Ordinance adopting Uniform THE CITY OF WEST COVINA ADOPTING BY Plumbing Code 1958 Edition REFERENCE THE UNIFORM PLUMBING CODE, ADOPTED 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 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. 611. HEARING ON PROPOSED Hearing set for January 12, 1959 by ORDINANCE ADOPTING NATIONAL Council at their regular meeting of ELECTRICAL CODE 1956 December 22, 1958. EDITION AND ELECTRICAL SAFETY ORDER, 1955 EDITION Notice of hearing published in the West Covina Tribune on January 1 and 8, 1959. Mayor Mottinger stated that this was the time and place to hear public testimony on the matter of the proposed ordinance covering National Electrical Code and Electrical Safety Orders and that all those desir- ing to present testimony should rise and be sworn in by the City Clerk. There being no testimony presented, the hearing was declared closed. 0 0 C. C. 1-12-59 Page Eleven SECOND READING ORDINANCE NO. 612 Ordinance Adopting an Electrical Code ADOPTED The City Clerk presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ADOPTING AN ELECTRICAL CODE, REGULATING THE INSTALLATION, ARRANGEMENT, ALTERATION, REPAIR, USE AND OPERATION OF ELECTRICAL WIRING, CONNECTIONS, FIXTURES, AND APPLIANCES IN BUILDINGS AND STRUCTURES IN THE CITY OF WEST COVINA, PROVIDING FOR ELECTRICAL PERMITS, ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1956 EDITION, AND THE ELECTRICAL SAFETY ORDERS, 1955 EDITION, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF", Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Irdinance. Motion by Councilman Barnes, seconded by Councilman Heath that said Ordinance be a-dopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Ordinance was given No. 612. CITY CLERK'S REPORTS PLANNING COMMISSION METES & BOUNDS LOCATION: Northwest corner of SUBDIVISION NO. 135-151 Willow Avenue and Mossberg Avenue. William Cowan 0.4 Acres - 2 Lots - Area District I APPROVED Maps were presented and Mr. Flotten stated that Metes and Bounds Sub- division No. 135-151 had been approved by the Planning Commission at their meeting of.January 7, 1959, subject to the following: 1) That all the conditions specified in Planning Commission Resolution No. 567 be complied with. 2) That required street improvements include Willow and Mossberg Avenues contiguous to subject property. . Motion by Councilman Pittenger, seconded by Councilman Brown and • carried that Metes and Bounds Subdivision No. 135-151 be approved, subject to the recommendations of the Planning Commission. Mayor Mottinger abstained from voting; C. C. 1-12-59 Page Twelve INTERPRETATION OF SECTION Regarding "dancing establishments" in 1403, ORDINANCE NO. 325 conjunction with cocktail restaurant PLANNING`COMMISSION use in Commercial Zones. ""RECOMMENDATIONS:ACCEPTED AND INSTRUCTED TO PROCEED Amendment recommended by Planning Commission Resolution No. 685 Mr. Flotteno We have submitted copies of this to the City Council for their review and we would recommend that we take this item under advisement. Mr. Aiassa: The reason this recommendation has been brought forth is that we have to develop what we might call a Dancing Establish- ment Ordinance. We Rio not have one now. If a Use Permit was granted we' have`, no - actual police regulations for it. I believe that in the pas-; mere has been a policy of limitations of dancing in West Covina. However, we now have a request for a business license and although a rough draft has been submitted to Council there are a few points that Mr. Williams would like to review. Motion by Councilman Heath, seconded by Councilman Barnes that the . Planning Commission's recommendations under their Resolution No. 685 be accepted; that this matter be reviewed by the City Attorney with the object of drawing up Ordinance revisions, and that the Planning Commission be directed to start public hearings on the matter of the amending of the zoning ordinance relating to zone change. Mayor Mottinger called a recess. The Council reconvened at 8:55 P. M. RECREATION AND PARK AUTHORIZATION FOR BIDS FOR Mr. Aiassa> In the 1958-1959 budget TRACTOR AND GANG MOWER there has been allocated funds to pro - APPROVED vide for a power mower and Mr. Gingrich has made the request that we call for bids. It would be my r°acommendation that Council direct the Purchasing Agent to proceed. Motion by Councilman Pittenger, seconded by Councilman Heath and carried that authorization be given for the City Manager to proceed and ask for bids -on the Recreation and Park Tractor and Gang Mower. • C. C. 1-12-59 Page Thirteen WRITTEN COMMUNICATIONS PETITION TO PROVIDE SANITARY Motion by Councilman Pittenger, seconded SEWER FACILITIES IN.THE by Councilman Barnes and carried that SUNSET-FRANCISQUITO AND the petition for the provision of DELVALE STREET DISTRICT sanitary sewers in the Sunset-Francisquito REFERRED TO CITY ENGINEER and Delvale Street District be referred FOR REPORT to the City Engineer for report. PETITION FOR ANNEXATION OF LOCATION. Southwest corner of Citrus UNINHABITED TERRITORY and Vine Avenues, approximately 5 acres. TO THE CITY REFERRED TO THE PLANNING COMMISSION FOR STUDY AND REPORT Motion by Councilman Barnes, seconded by Councilman Heath and carried that this matter of petition for annexation to the City be referred to the Planning Commission for immediate study and report. COMMUNICATION FROM FERGUSON Mr. Flotten stated that a communication AND JUDGE, ATTORNEYS FOR had been received, dated December 30, THE CITY OF WALNUT 1958, indicating that Ferguson and Judge REFERRED TO MR. WILLIAMS had been duly appointed as City FOR REPLY Attorneys for the duly incorporated City of Walnut. This communication stated that it was felt by the community of Walnut that the establishment of a cemetery would be detrimental to the rights of the community, that annexation had been completed for the accomplishment of the propa.%ed cemetery but. that. the proposed cemetery had not been zoned to permit that use. Before any such proceedings were commenced by the City of West Covina consul- tation with the City of Walnut is being requested. Councilman Heath: Isn't zoning on that automatic with the completion of the annexation? Mayor Mottinger: There was interim zoning passed by which we will have to go through the normal zoning procedure to establish that zone now that it is part of the City. Mr. Williams: I believe the interim zoning was effec- tive upon the completion of the annexa- tion but as I remember the cemetery is not automatically in the interim.zoning and I think it was granted under the condition of an Unclassified Use Permit, which was granted to be effective if property was annexed. Mayor Mottinger: Then with regard to the Unclassified Use Permit perhaps we should check into that matter. 0 • 0 C. C. 1-12-59 Page Fourteen COMMUNICATION FROM FERGUSON AND JUDGE, continued Mr, Williams: I think there is one in effect not dependent upon the interim zoning. Mr. Aiassa: Perhaps we should turn this matter over to Mr. Williams to reply to Ferguson's request. Mayor Mottinger: I think it would be in order to advise Ferguson of -the 'formal action which has already "transpired. REQUEST OF THE Motion by Councilman Heath, seconded ST. VINCENT de PAUL SOCIETY by Councilman Barnes and carried that FOR PERMIT DURING 1959 TO the St. Vincent de Paul Society be MAKE SALVAGE PICK-UPS IN given permission to pick up salvage in THE CITY the City of West Covina for the year APPROVED of 1959. ZONE CHANGE NO. 128 This matter held over to January 26,1959, Jack and Anna Dubrove per letter of agreement signed by Jack Dubrove, Mr, Aiassa stated that there would be a report on the Walnut Creek Parkway situation within the next two weeks. ITEM NOT ON AGENDA NUISANCE OF BARKING DOGS Mr, R. Hills of 409 S. Lark Ellen Avenue AT 413 SOUTH LARK ELLEN\AVE. stated that he had presented to the REFERRED TO CITY MANAGER City Manager a petition of protest of FOR REPORT property owners in the immediate neigh- borhood in relation to dogs barking at the residence indicated in the petition. Mr. Flotten stated this petition was dated January 12, 1959 and con- tained a full report of the times the nuisance of the barking of these dogs had occurred and recommended this matter be submitted to the City Manager for report. Mr, Aiassa: We will investigate the nuisance ordinance. Mr, Hills: The Police officers which we have called numerous times to this residence be- cause of the noise have told me there was nothing we can do. • C. C. 1-12-59 Page Fifteen NUISANCE OF BARKING DOGS - continued Mr. Aiassa: The only way they can do something is if there is a written complaint filed but I would like to investigate fur- ther into another ordinance of the City in relation to barking dogs as a nuisance. Motion by Councilman Barnes, seconded by Councilman Heath and carried that this matter of barking dogs at 413 S. Lark Ellen Avenue be referred to the City Manager and the. Chief of Police for report as to what might be done in this matter. Councilman Heath: On a complaint like that, is the name of the complainant held confidential? Mr. Aiassaa No. REQUEST TO CONDUCT CIRCUS Mr. Flotten stated that this was a request BY THE WEST COVINA PLAZA to conduct a circus on the parking lot ASSOCIATION. of the 'hest Covina Plaza during the first CONDITIONAL APPROVAL week of February, 1959. This was to be .,daily from 4:30 P. M. to 9:30 P. M., February 3 to February 9, 1959. There will be no games of chance; a free circus and rides at a charge of 25e a ride with an dxception that with a purchase of $1.00 or more of merchandise at any store in the Plaza the ride will only cost 10e.. There will be full insurance coverage furnished of $100,000.00 and $200,000.00 liability. Motion by Councilman Pittenger, seconded by Councilman Heath and carried that 'the request to conduct a circus be approved subject to the proper departmental approvals. CITY ATTORNEY ORDINANCES SECOND READING ORDINANCE NO. 613 Amending certain provisions of Ordinance No. 325 relat- ing to R-1 and R-2 Zones and creating R-3a, R-3b and R-4 Zones • ADOPTED Mayor Mottinger: The City Attorney presented: "AN: -ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 325 RELATING TO THE R-1 and R�2 ZONES AND CREATING THE R-3a, R-3b and R-4 ZONES". Hearing no objections, we will waive fur- ther reading of the body of the Ordinance. Co Co 1-12-59 Page Sixteen ORDINANCE NO., 613 - 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. 613. SECOND READING ORDINANCE NO. 614 Regulating activities in and about Gymnasiums, Massage Parlors, Turkish Baths ADOPTED Mayor Mottinger: 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 SIMILAR ESTABLISHMENTS". Hearing no objections, we will waive .further reading of the body of the Ordinance. Motion by Councilman Barnes, 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, 614. SECOND READING ORDINANCE NO, 615 Regulating landing and taking off of aircraft ADOPTED Mayor Mottinger: The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REGULATING THE LANDING AND TAKING OFF OF AIRCRAFT 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, 615. C. C. 1-12-59 Page Seventeen RESOLUTION NO. 1490 Objecting to sale by County Tax Collector of 5 parcels of property within the City of 'hest Covina ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OBJECTING TO THE SALE BY THE COUNTY TAX COLLECTOR OF LOS ANGELES COUNTY, PURSUANT TO DIVISION 1, PART 6, CHAPTER 7, OF THE REVENUE AND TAXATION CODE, 5 PARCELS OF PROPERTY WITHIN.THE CITY OF WEST COVINA AND AGAINST WHICH THE CITY OF WEST COVINA LEVIED TAXES". Parcel No., 1311 Lot 100 Tract No.. 12002 Parcel No. 1312 Lot 101 Tract No. 12002 Parcel No. 1313 Lot 102 Tract No. 12002 Parcel No. 1314 Lot 103 Tract No. 12002 Parcel No. 1315 Lot 104 Tract No. 12002 Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Reso- lution. 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 Ito. 1490. AGREEMENT FOR THE PURCHASE BY THE CITY OF WEST COVINA, CALIFORNIA, OF THE STATE'S- TITLE, TO CERTAIN LANDS WITHIN SAID CITY AS PRO- VIDED BY DIVISION 1, PART 6, CHAPTER 8, ARTICLES 1 and 2, OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AUTHORIZATION TO SIGN This agreement is in conjunction with Resolution No. 149 V as adop ted by the City Council. Motion by Councilman Brown, seconded by Councilman Pittenger that the Mayor and the City Clerk be authorized to sign the purchase agreement indicated. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None 0 C. C. 1-12-59 Page Eighteen i RESOLUTION NO. 1491 The City Attorney presented and read: Establishing a policy with "A RESOLUTION OF THE CITY COUNCIL OF respect to acceptance of THE CITY OF WEST COVINA ESTABLISHING cash bonds and other cash THE POLICY OF THE CITY WITH RESPECT TO security. THE ACCEPTANCE OF CASH BONDS AND OTHER ADOPTED CASH SECURITY". 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. 1491 Councilman Heath: I believe there was a Resolution or an Ordinance prepared concerning property at Francisquito Avenue and Lark Ellen Avenue. I believe it was stated that if it was not zoned commercially the annexation was to be withdrawn. I think we should clean this up now. Mayor Mottinger: Did we receive a written communication on that matter as of the last week or two? I ask that because the question has been raised as to whether or not they wanted to do this at this particular meeting or if there might be other considerations? Councilman Heath: I would just as soon do it as they have requested it before and get it out of the City.. Mayor Mottinger: I think that we should not act upon it, unless there is a communication since the date of action on it at our last meeting that it be withdrawn. There was a verbal request but I think it should be followed by a written request as to whether the annexa- tion should be dropped or not.. Mr. Williams: It isn't really a legal matter.;'that is involved because the law states that after a meeting and action on an annexa- tion there should be action upon it forthwith. If you have a written request to hold it then a written request for termination might be expected. On the other hand, if the request to hold it in abeyance was verbal, then a verbal request would be sufficient to terminate such a matter. ' Councilman Heath: I believe there was a letter some time ago that if this commercial zoning was not given or would not apply, the annexation should then be withdrawn. C. C. 1-12-59 Page Nineteen i 0 FRANCISQUITO AVENUE AND LARK ELLEN AVENUE PROPERTY - continued Mayor Mottinger: I think it would still be in order for us to contact the proponents to see that they get such a letter in, and that the deck is cleared. Councilman Heath: I think if you knock it out now you won't have any trouble with it. Mayor Mottinger: I would suggest we hold this until the next meeting to see if we can get a written request. Mr. Williams: Under any stipulations this would only be introduced at this time in any event. Mayor Mottinger indicated that in that case there could be an introduc- tion of the Ordinance. INTRODUCTION The City Attorney presented: Ordinance disapproving "AN ORDINANCE OF THE CITY COUNCIL OF THE Annexation No. 159 CITY OF WEST COVINA DISAPPROVING SOUTHERLY ANNEXATION NO. 159". Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that said Ordinance be introduced and given its first reading. REQUEST.FOR PROGRESSIVE Mr. Williams: I spoke to Mr. Walters on PAYMENT IN RELATION TO this matter and Mr. Walters told me his PROJECT C-78, POLICE thoughts on this and I would agree with FACILITIES him. (Fry and Fry, Contractors) This was a bid project. The specifica- tions specified the manner in which the payments would be made. I do not think that it is a change order in the sense that the Council can make any changes. You can make a change order of some feature of the construction and if so change the feature of the contract, but to change a time of payment, that I do not think you can do. I think that then you are changing what the gther people have bid against. t Councilman Brown: It is quite evident that you would be. However, I think this particular item was overlooked and it has been the normal procedure to pay these things progressively. C. C. 1-12-59 Page Twanty i PROGRESSIVE PAYMENT RE PROJECT C-78 - continued Mr. Williams: That may be true, but how can you do it when this thing was set up in this manner? There was a motion by Councilman Pittenger and a second by Councilman Barnes that Fry and Fry be notified that the City Council could not comply with the request. However, before the question, the motion and second was withdrawn upon the statement, of Mr. Dosh that there would be a change order coming through in relation to the Police facilities, and the matter was held in abeyance until later.on the Agenda. CITY CLERK'S REPORT RESOLUTION NO. 1492 Approve Final Map of Tract No. 23971 and accepting Bond for Sanitary Sewers and Street Improvements ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 23971, ACCEPTING THE DEDICATIONS THEREIN OFFERED, ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND TO SECURE THE SAME". LOCATION: East side of Orange Avenue, south of Merced Avenue. Anchor Casualty Company Bond No. 16-123061 for Sanitary Sewers and Street Improvements. Amount of bond $52,200.00. 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. 1492 RESOLUTION NO. 1493 Open one foot lots 102,103, 104 in Tract No. 19906 for Street and Highway Purposes • ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPT- ING FOR STREET AND HIGHWAY PURPOSES CERTAIN REAL PROPERTY HERETOFORE GRANTED AND CONVEYED TO SAID CITY". LOCATION: Northeast corner of Francisquito and Orange Avenues. . C. C. 1-12-59 Page Twenty -One RESOLUTION NO. 1493 - continued Access to Tract No. 23971 to be named as follows: Lot No. 102 - Tract No. 19906 - Far.li,ngton Street Lot No. 103 - Tract No. 19906 - Conlon Avenue Lot No. 104 - Tract No. 19906 - Farlington Street Mayor Mottinger: Hearing no objections, we will waive further 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. 1493. RESOLUTION NO. 1494 Approving Final Map of Tract No. 21035 reverting a portion of recorded Tract No. 21524 to acreage for school purposes ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO.21035, ACCEPTING THE DEDICATIONS THEREIN OFFERED,ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND TO SECURE THE SAME". (Covina School District) LOCATION: West side of Barranca Street, north of Cortez Street. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Barnes that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1494. • C. C. 1-12-59 Page Twenty -Two RESOLUTION NO. 1495 Approving Bond to guarantee the cost of certain improvements ADOPTED The City Clerk presented "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING BOND TO GUARANTEE THE COST OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN UNCLASSIFIED USE PERMIT NO. 28 IN SAID CITY". (Marion E.Jackson) LOCATION: South side of Garvey Avenue, east of Citrus Street. Great American Insurance Company Bond No. 8008641 in the amount of $827.00 for sidewalks and driveway aprons. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1495. ACCEPT STREET IMPROVEMENTS LOCATION: North of Puente Avenue, west Tract No. 21477 of Yaleton Avenue. E. B. Snoddy APPROVED Motion by Councilman Barnes, seconded by Councilman Brown and carried that street improvements in Tract No. 21477 be accepted and authoriza- tion be given for the release of the remainder of the deposit in the amount of $950.00, retaining $160.00 for street trees and signs not installed to date. ACCEPT STREET IMPROVEMENTS LOCATION: Northwest corner of Francisquito Tract No. 18277 Avenue and California Avenue. Olson Lumber Co. M. J. Brock & Sons Company APPROVED Motion by Councilman Heath, seconded by Councilman Brown and carried that street improvements in Tract No. 21477 be accepted and authoriza- tion be given for the release of Glens Falls Insurance Company Bond No. 551743 in the amount of $55,000.00, retaining a deposit in the amount of $175.00 for street trees not installed to date. C. C. 1-12-59 Page Twenty -Three ACCEPT STREET IMPROVEMENTS LOCATION: West side of California Tract No. 21185 Avenue, north of Francisquito Avenue. Olson Lumber Co. M. J. Brock & Sons Company APPROVED Motion by Councilman Barnes, seconded by Councilman Brown and carried that street improvements in Tract No. 21185 be accepted and authoriza- tion be given for the release of Glens Falls Insurance Co. Bond No.551895 in the amount of $21,000.00, retaining a deposit in the amount of $370.00 for street trees and signs not installed to date. ACCEPT STREET IMPROVEMENTS LOCATION: Southwest corner of Citrus. Tract No. 21037 Street and Cameron Avenue. E. H. Falters APPROVED Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that street improvements in Tract No. 21037 be approved, retain- ing the amount of $95.00 for street trees not installed to date. No refund of deposits. Mr. Flotten stated that in reference to there being no refund of deposits, there had been retained $217.00 for one electrolier and the relocation of another electrolier and the amount of $20.63 for repair- ing of the street. ACCEPT STREET IMPROVEMENTS Tract No. 12002 Harvey Construction Co. General Americas Co. (Bond- ing Co.) APPROVED Motion by Councilman Brown, that street improvements in LOCATION: Yaleton Avenue, north of Garvey Avenue. seconded by Councilman Barnes and carried Tract No. 12002 be accepted. Installed by Harvey Construction Company on Yaleton Avenue from the south line of'Tract No. 12002 to Station 6 + 17 for General Americas Co. (a Bonding Co.). ACCEPT STREET IMPROVEMENTS LOCATION: South side of Cameron Avenue, Tract No. 21631 between Holly Place and Susanna Avenue. Nighthawk Homes, et al., Don Wilson, President APPROVED Motion by Councilman Brown, seconded by Councilman Pittenger and •` carried that street improvements in Tract No. 21631 be accepted and authorization be given for the release of Seaboard_ Surety Company Bond No. 522429 in the amount of $21,500.00, retaining a deposit in the amount of $160.00 for street signs not installed to date.. Co Co 1-12-59 Page Twenty -Four • ACCEPT STREET IMPROVEMENTS Project C-65 Harvey Construction Co. APPROVED LOCATION: West side of Vincent Avenue, south of Puente Avenue. Contract completed. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that street improvements in Project C-65 be accepted. ACCEPT STREET IMPROVEMENTS LOCATION: Workman Avenue, west of Project C-77 Astell Avenue. Harvey Construction Co. APPROVED Motion by Councilman Brown, seconded by Councilman Barnes and carried that street improvements in Project C-77 be accepted, APPROVE PLANS AND SPECIFI- LOCATION: Orange Avenue from Durness CATIONS - Project C-80 Street to Merced Avenue. CONDITIONAL APPROVAL Contract completed, Motion by Councilman Brown, seconded by Councilman Barnes and carried that the Plans and Specifications of. Project C-80 be approved without the 9-feet of additional paving improvements to the west. REVIEW INFORMAL BIDS LOCATION: Rowland Avenue, west of Project C-81 Azusa Avenue. CITY ENGINEER AUTHORIZED TO PROCEED City Engineer's report. WITH THE PROJECT Mr, Flotten stated that Council had received copies of the proposals received and opened today. Mr. Flotten presented and read the City Engineer's report which indicated that six contractors had been contacted and two proposals had been received. They were as follows: Harvey Construction,Company Crowell & Larsen $1,170.00 1,965.00 The report indicated the estimated cost of Project C-81 had been $1,500.00 and it was the recommendation of the City Engineer that the bid be given to the Harvey Construction Company as the lowest respon- sible bidder in the amount of $1,170.00 and authorization be given to the City Engineer to negotiate the contract. Motion by Councilman Pittenger, seconded by Councilman Brown that the recommendation of the City Engineer be accepted in relation to Project • C-81 and that the City Engineer be authorized to proceed with the negotiation of contract with Harvey Construction Company as per their bid of $1,170.00. C. C. 1-12-59 Page Twenty -Five FIRE FACILITIES BUILDING LOCATION: 819 South Sunset Avenue Project 85 Review Plans and Specifications HELD OVER Mr. Aiassa: The Council has been given copies of the Plans and Specifications. This matter has been prepared under the direction of Harold Johnson and checked through -with the Fire Department and the City Engineer. They are ready for approval by Council and the authori- zation to call for bids. Councilman Brown and Councilman Heath indicated they had been unable to review this matter and would like to do so before any action was taken. It was the consensus that this item be held over until the next meeting of Council. Prior to any action or discussion on Items 16 and 17 on the Agenda, relating to Sanitary Sewer District A111-57-1, Councilman Barnes asked and was granted permission to leave theCouncil Chambers since he felt that he had an interest in these matters and did not wish to vote or offer any comments pertaining to these two items. RESOLUTION NO. 1499 The City Clerk presented and read: Proposing to change the "A RESOLUTION OF THE CITY COUNCIL OF work to be done in THE CITY OF WEST COVINA PROPOSING TO Assessment District A111-57-1 CHANGE THE WORK TO BE DONE IN ASSESSMENT ADOPTED DISTRICT A' 11-57-1'' (Merced Avenue) . Motion by Councilman Heath, seconded by Councilman Pittenger that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Mayor Mottinger Noes: None Absent: Councilman Barnes Said Resolution was given No. 1499 ACCEPT SEWER FACILITIES LOCATION: Merced Avenue and Lark Ellen District A111-57-1 Sewer District. ACCEPTED Councilman Barnes disqualified himself from- taking part in this discussion and left the Council Chambers. _ Councilman Brown: This involved a piece of property never included in the district. I saw the letter from Mr. Sorenson received here. at the City Hall on December 9th and we received a copy on January 9th. I, myself, can't go along with releasing this bond. It puts an obstacle on Charles Burch and 'Son,but if in relation to this piece of property a man was notified he was going to be in the district I do not see how he was left out without Council action. Co Co 1-12-59 Page Twenty -Six DISTRICT A°11-57-1 - continued Mr, Aiassa: This matter was discussed at a Council meeting with Mr. Nollac and Mr. Thompson and they reviewed this particular parcel of land coming into the district, although it did not adjoin. There were certain legal apsects stated which they felt would not -qualify this parcel to come into the district but it was suggested that we talk with the assessment attorney, Mr, Sorenson, The next.day Mr, Nollac, Mr. Dosh and myself met in my office and discussed this matter in detail. At that time Mr. Nollac was asked to check with Mr. Sorenson to confirm statements presented to Council. He did so and Mr. Sorenson substan- tiated Mr. Nollac's comments but I directed Mr. Nollac to have a letter submitted of the verbal conversation with Mr, Sorenson. When that letter was received we usually have a couple of days in processing through the departments and I believe Mr. Nollac was given the original letter and we retained copies. I had told Mr. Nollac to contact Mr. Barnes and advise him of the findings of Mr. Sorenson, Usually, when there is the original to the department head we make copies for'Council. However, there was a change of secretaries for a few days in the Sani- tation Department and possibly this matter was not followed up as it should have been. We had a meeting Thursday and these two items appeared on the Agenda and I asked if Council had been informed of all action on the matters Mr. Dosh stated that he believed this had been done but he was not sure so then I instructed the City Clerk to send out another notice just in case there had been some possibility of a slip-up on this matter. Mr. Nollac. I spoke to Mr. Barnes and told him of the letter which he said he had received. He said he had no comments except as to how it had taken so long (to receive the letter). Evidently there was a slip somewhere. Mr. Aiassao We will change procedure so as not to have this sort of thing happen again, Councilman Heath: There has been no answer as yet as to how this notice was sent to Mr. Barnes that he was part of this district. In the eyes of Mr. Sorenson the owner of the property had nothing to stand on.but yet the man has in his possession a notification that he is in the district. Mr, Nollac: Notice was on hearing of Resolution of Intention. The protest hearing date And the date the Resolution ordering work to be done was passed, was the date as set forth in the Resolution . of Intention, and the notice that Mr. Barnes received was a notice informing him of the protest hearing on the Resolution of Intention. The Assessment Engineer has a mailing list and it is made in his office. It does not show Mr. Barnes as listed,and how the card was sent to him nobody seems to know, 9 Co C. 1-12-59 _---- Page Twenty -Seven DISTRICT A'11-57-1 - continued Councilman Brown: I am afraid that if this hadn't been caught Mr. Barnes would have been paying taxes in a district he is not a part of. Mr. Aiassa: I do not believe so and that was a matter cleared in the meeting with Mr. Sorenson. Councilman Brown: Not in my mind. He (Mr. Sorenson) was surprised this card even got out (to Mr. Barnes) and there must have been some intent to include these parcels. Councilman Heath: I think we should keep in mind that if this property isn't sewered it is not in 58-1 and not in 57-1 either which leaves this and the school property in the middle with no way to sewer it unless through private property in the back or to the west. This is something we have tried to avoid all along. I am not in .favor of giving anything away but we leave two pieces of property, .including a school, with no way to sewer it in the least. Councilman Brown: The school can be sewered but not pieces in between. Councilman Pittenger: I think with an easement it can be sewered. Mayor Mottinger: It is certainly not an impossible situation. Mr. Aiassa: The school is served by a septic tank and the one other choice is a lift pump to Merced. We have the right under the health and safety codes to require such easement, and we are now inves- tigating it. We are going to have a meeting with the school. It would be a four-way proposal of property owners, vacant land between, the school property and the City. If the school has a septic tank problem they have no choice, they can't let it overflow. Councilman Heath: Council about five months ago established the fact on another piece of property at the northeast section of town not able to sewer to Citrus that there should be other easements provided through adjacent.prop'erty to take care of sewer facilities. We felt it was necessary that no piece of property should be blocked so that it can't be sewered and I think this should be resolved on this property and on school property. Mr. Aiassa: We are putting in perfectly complete subdivisions and then tearing up streets and putting sewer laterals in, and we'll have these problems consistently because we are doing it backwards. U C. C. 1-12-59 Page Twenty -Eight DISTRICT A'11-57-1 - continued Councilman Heath: Solve the sewering of this school now, don't just take care of it when we come to it. Mr. Aiassa: We are doing exactly that, since we are meeting on this matter, with the school, very shortly. Mayor Mottinger:: We are losing sight of one thing. We are going to have quite a number of islands developed as these districts are completed. We are blanketing the City with 1911 Acts and'.it is incumbent upon the Sanitation Department to try to expand these districts to prevent islands developing. We have some of them with us right now and we must assist property owners as much as we practically can to find a way out, but we must be very careful in the future, in relation to future districts, so as not to create other problems like this. Mr. Aiassa: It is a difficult problem in one way but it is not insurmountable since the parties involved have mutual problems and now it is a matter of getting these parties together to derive the ,,maximum benefits. Councilman Heath: Is there any objection to holding this over until our next meeting to find out what we are going to do? Councilman Pittenger: This man has completed his job and I think we should release this bond and pay him. We can't tack this on to the district anyway. Councilman Heath: What if the school goes along with suggestion of easements? Councilman Pittenger: The matter is solved. Mr. Aiassa: If the school goes along it would tie in with Lark Ellen. Councilman Heath: It still goes across private property. Mr. Aiassa: There is the right of condemnation if it gets to be absolutely necessary. Mayor Mottinger: We can't avoid approving this district if the contractor has done all he has contracted to do. C. C. 1-12-59 PAge Twenty -Nine • DISTRICT A'11-57-1 - continued Mr. Nollac: Had the school and the Barnes property been included in any district at all it would not have been in this district, it would have been in 56-5, directly to the north of it, because that would have been logically the way to have it flow and it will go that way now. However, whenever a piece of property is undeveloped and is just sitting you can't put it in a sewer district and provide sewers for it because you do not know how the property is actually going to be developed. You can bring sewers to it, and this is as close as we could get to it on Lark Ellen or Portnex, but in either instance it is up to the property owners or developers to provide for those sewers. I believe that if he is unable to get an easement across the interven- ing property then the -City could step in and in the interest of the City condemn R.O.W. so the property could be sewered, especially with a school running into sewerage problems. Again public interest is what counts and property can be adequately sewered. Councilman Heath: Is that correct? Can the City condemn easement for sewerage across private property? Mr. Williams: Yes, the City possibly could and the school district could, also, The City can't condemn it for private benefit. They could condemn it for trunk line sewer not laterals just for some- body's house. If there is a collective advantage the City can do it. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that sewer facilities in District A111-57-1 be accepted and authorization be given for the release of United Pacific Insurance Company Bond No, B-16980 in the amount of $54,380.00. Councilman Barnes returned to the Council Chambers at 10:35 P. M. ACCEPT SEWER FACILITIES LOCATION: East of Azusa Avenue on Tract No. 19412 Puente Avenue, north of Traweek School. APPROVED Motion by Councilman Pittenger, seconded by Councilman Brown and carried that sewer facilities be accepted in Tract No. 19412 and authorization be given for the release of Hartford Accident and Indem- nity Company Bond No. 3097322 in the amount of $5,500.00. I* C. C. 1.-12-59 Page Thirty RESOLUTION NO. 1496 The City.Clerk presented. Approving bond to guarantee "A RESOLUTION OF THE CITY COUNCIL OF THE cost of certain improvements CITY OF WEST COVINA, CALIFORNIA. Tract No. 22004 APPROVING BOND TO GUARANTEE THE COST ADOPTED OF CERTAIN IMPROVEMENTS AND THE TIME OF COMPLETION IN TRACT 22004 IN SAID CITY". General Insurance Company of America Bond. No. 381070 in the amount of $8,600.00. Mayor Mottinger; Hearing no objections, we will waive further reading of the body of the Reso- tion. Motion by Councilman Barnes, 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 Said Resolution was given No. 1496 CITY MANAGER REPORTS SURVEY OF TEMPORARY TRAFFIC Mr. Aiassa presented his report in SIGNALS relation to this survey to members of VINCENT AVENUT INTERCHANGE Council, and gave a resume of the report. It was indicated the matter would again be taken up at the Council meeting of January 26th.. RESUME OF ACTIVITIES Mr. Aiassa presented his report in IN 1958 PROJECTS relation to these activities to members of.Council and gave a resume of what was contained in the written report. CHANGE ORDER FOR POLICE Mr. Aiassa-, I would like to advise BUILDING REMODELING Council that when the first plan was drawn up the Jail section was dropped and we also felt that there would be adequate heating system by using 80;000 BTU. However, we find that this is not enough to furnish adequate heating and now we want to up the heating to 210,000 BTU. We can salvage the 80,000 BTU unit and use it in the Fire Department. It is the recommendation of Mr. Pontow, Mr. Dosh, the Chief of Police and Mr. Johnson that we do this and it would be my recommendation that there be authorization given to change the work order. Ca Co 1-12-59 Page Thirty -One POLICE BUILDING REMODELING - continued Motion by Councilman Brown, seconded by Councilman Pittenger that the Mayor and the City Clerk be authorized to sign a change of work order amending the contract with Fry and Fry to provide for an increase in the size of a heating unit to 210,000 BTU at an additional cost of $729.00, the actual cost to the contractor, and in no event to exceed $729.00 addi`t'i•onal_tothe cost of the project; and changing the size of the electrical panel and miscellaneous wiring at a cost not to exceed $50.00; and to provide for amendment of its (City°s) method of payment to provide for progressive payments as follows° In three installments upon certification of payment of all labor and material to date and retention of at least ten per cent (10%) by the City and approval of work by the City. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None MANAGER'S SPRING CONFERENCE Motion by Councilman Brown, seconded San Mateo - February 18 to-20 by Councilman Barnes that.the City Mr, Aiassa°s attendance Manager be authorized to attend the approved Managers Spring Conference at San Mateo February 18th through 20th with all expenses paid. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None AMENDED JOINT POWERS Referred to the City Attorney for AGREEMENT review, REQUESTS TO CONDUCT March of Dimes 1959 CAMPAIGNS Crippled Children Association - March,1959 APPROVED United Cerebral Palsy Assn, - May, 1959 Motion by Councilman Pittenger, seconded by Councilman Heath and carried that the requests of -.the March of Dimes, Crippled Children Association and United Cerebral Palsy Association to conduct their campaigns during 1959, as indicated, be approved. • C. C. 1-12-59 Page Thirty -Two FORMAL APPLICATION FOR A Motion by .Councilman Brown, seconded by NEW CENSUS FOR INCLUSION Councilman Heath and carried that a IN NEW TAX ALLOCATION formal application for a new census to APPROVED be taken in the City of West Covina be approved. LETTERS FROM COUNTY No protests will be registered. BOUNDARY COMMISSION City of Industry Proposal Annexations No. 40 and No.41 City of E1 Monte Proposal Annexation No. 179 WEST COVINA BEAUTIFUL To be held on February 7, 1959 at BIRTHDAY DANCE South Hills Country Club. WEST COVINA YOUTH RALLY DAY January 17, 1959 - So proclaimed. BICYCLE SAFETY MONTH January, 1959 - So proclaimed. Councilman Heath questioned as to the possibility of having two or three days of this month for bicycle registration rather than just one. Mr. Aiassa stated he would check on this with the proper authorities doing this to see if it could be accomplished. LETTER COMMENDING FIRE Letter of appreciation for service and DEPARTMENT RESCUE TEAM help rendered by the West Covina Fire Department Rescue Team from Mr. Eldon Bradshaw in relation to the help given his wife. REPORT OF THE CITRUS Month of December, 1958 - $8,927.21 MUNICIPAL COURT REQUEST OF THE WEST COVINA Placement of one sign at the parkway CHAMBER OF COMMERCE TO BUILD at the end of Glendora Avenue and the TWO UNIFORM CITY Service Road. DIRECTIONAL SIGNS' REFERRED TO CITY MANAGER Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that this matter be referred to the City Manager for proper administration. 0 C. C. 1-12-59 Page Thirty -Three CITY TREASURER'S REPORT Motion by Councilman Heath, seconded by November, 19.58 Councilman Barnes that the City Treasurer's report for November, 1958, be accepted and filed for the record. MAYOR'S REPORTS Meeting of Mayors of the Wednesday night, January 14, 1959 in San Gabriel Valley and City of West Covina. Pomona Valley COUNCIL COMMITTEE REPORTS Councilman Pittenger presented a certi- ficate of Safety.Salute awarded to West Covina Mayor's Safety Committee. UPPER SAN GABRIEL VALLEY Councilman Barnes: This is a special WATER ASSOCIATION MEETING meeting that is to be held and I have January 16, 1959 made reservations to attend. I do not know whether any comments might be forthcoming from members of Council in regard to the resolu- tion of the Upper San Gabriel Valley Water Association. Councilman Pittenger: whether the people wanted to go like the proposed rate of .22 a -amount to $t38,000.00 a year for and also how soon the district water. /-,z6-56 Councilman Brown: The resolution is to endorse forming of. a Municipal Water District and then it would be put to the vote of the people into the district or not. It seems hundred is a lot of money and would something we don't quite know about yet, will be formed and how soon we will need I am of the opinion this is trying to be pushed to beat the Feather River Project. Councilman Barnes: I would like to submit a letter I re- ceived from the Upper San Gabriel Valley Water Association in order to have photo- static copies sent to the Chamber of Commerce and any other interested groups in the City. I do know"the League of Women Voters are very inter- ested in the water situation of California. REGULATIONS PERTAINING TO Last Tuesday we had trash spread all PLACING OF TRASH CANS FOR over the City and I believe the reason PICK-UP is that we have no controls by ordinance or other regulation as to where people can set their trash cans. Many streets have water flowing down them quite heavily and it picks these cans up, turns them over and sends the stuff down the street. I think something in the way of an ordinance so that they (trash cans) are placed within the curb line and the penalties involved if it is not done, should be drawn up. C. C. 1-12-59 Page Thirty -Four REGULATIONS RE TRASH CANS - continued Mr. Aiassa: You might consider that with the ordinance covering excessive watering in the City. Councilman Brown: I think .this matter should be kept separate from the excessive watering item. Councilman Heath: Perhaps the ordinance referring to such matters could just be amended and this item included. Councilman Brown: Vincent Avenue property was discussed, in relation to where Vincent intersects with Glendora. This was agreed upon but no maps were presented to Council to follow through on. Mr. Aiassa: The maps are ready. However, I did not want to present this to Council until I spoke with Mr. Williams. There might have to be a legal hearing since the R.O.W. was accomplished by Ordinance. Councilman Heath: At the last meeting of Council it was indicated we would have a report on A111-58-1 sewer because it is now going to be worked on but it can't be put out.,for bid according to the last indication in the Minutes. Mr. Aiassa:. It would be a matter of doing all the Engineering work but not letting it out for bid. Mr. Nollac: It is our intention to present resolu ";' tions approving plans and maps and intention at the next Council meeting: The resolution ordring work to be done can be deferred until such time as Council desires to do same. DEMANDS APPROVED Motion by Councilman Heath, seconded by Councilman Brown that Demands in the amount of $70,982.02, as shown on Demand Sheets C-122,C-123 and C-124 be approved; this to include fund transfers in the amount of $42,9.97.68. Motion passed on roll call as follows: oAyes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None 0 C. C. 1-12-59 Page Thirty -Five Mrs. Van Dame: Is there anything going to be done in the very near future about a new City Hall? Mayor Mottinger: That is on the long-range program and not in the near future. We are con- sidering improving and enlarging what we have. Mrs. Van Dame: About the Pumper for the Fire Department. Hasn't that been bought yet? Mayor Mottinger: In the 1958-59 budget we allocated money for a half Pumper with the idea it would be supplemented next year. We may,make some changes. Mrs. Van Dame: I overheard Mr. Bennett say he gets $100.00 a day. He is still with the City and is he getting that or is he still working on the $3,000.00. Mayor Mottinger: He had a definite.contract to accomplish work for a fixed fee, not on $100.00 a day basis with the City. I think that fixed fee portion of his work has been completed but he has additional work yet to be completed. STUDY SESSION Monday, January 19, 1959 There being no further business, there was a motion by Councilman Brown and a second by Councilman Heath, at 12:02 A. M., that the meeting be adjourned. APPROVED BY CITY COUNCIL V Date January 26, 1959 As submitted Page 33 - 4th item - The amount stated by With the following corrections: Councilman Pittenger should be $138,000.00 instead of $38,000.00, as shown. Page 17 - 2nd item - This should read "in conjunction with Resolution No. 1490" instead of "Resolution No. 149311, as shown.