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.