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02-09-1959 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA February 9, 1959 The meeting was called to order by Mayor Mottinger at 7:35 P. M. the West Covina City Hall, The Pledge of Allegiance was led by Councilman Heath with the invocation given by the Reverend Henry of .the Community Presbyterian Church. ROLL rAT.T. in Kent Present: Mayor Mottiinger., Councilmen Heath, Brown; Pittenger, Barnes Others Present: Mr- reorge A?assa, City Manager Mr. Harry ", Williams, City ..torney Mr. Robert Flotten, �' T. Clerk Mr. Tom Dosh, :Assistant Services Director. Mr. Mal ,.„'.m C. Gerschl.er, Planning .Conr��^.ator APPROVAL OF MINUTES January 29, 1,959 - Approved as corrected ,as follows: Page 26 - The report of the Upper San Ga:bri�,l Valley Water Association should indicate 26 as Not. Voting instead of 36 as shown, CITY CLERK'S REPORT ACCEPT STREET IMPROVEMENTS LOCATION: On Nora Avenue and Foxdale Metes & Bounds Subdivision Avenue, north of Puente Avenue. No. 135-120 - E. B. Snoddy APPROVED No bonds or deposits to release. Motion by Councilman Heath, seconded by Councilman Brown and carried that street improvements in Metes and Bounds Subdivision No. 135-120 be accepted. ACCEPT STREET IMPROVEMENTS LOCATION: West side of Lark Ellen Avenue, Tract No. 18807 north of Puente Avenue Sponsellor & Son APPROVED .i Motion by Councilman Brown, seconded by Councilman Barnes and carried that street improvements in Tract No. 18807 be accepted, and authoriza- tion be given for the release of Pacific Indemnity Company' Bond No, 21.9390 in the amount of $7,000.00. M • • C. C. 2-9-59 REQUEST TO EXTEND AGREEMENT TIME - Tract No. 20199 Frank C. Sheldon (March 13, 1960) APPROVED Mr. Flotten presented and read requesting the extension of the because of recurrent illnesses particular matter. Page Two LOCATION° South of Puente Avenue, west of Palm View Park. Request for a time extension on the agreement to install street improvements. Present expiration date March 13, 1959. the communication from Mr. Sheldon agreement time. It was indicated that there had been numerous delays on this Mr. Flotten indicated to Council that a time extension had been granted previously in this matter from March,1958 to March, 1959. The question was raised by Council as to the matter of another extension in a matter such as this as against the prohibitiveness of such a re- quest in relation to tentative maps. Mr. Williams indicated that there no restrictions on the extending of time in relation to improvements that must be completed, and that this is not an extension of time for a final map but an extension of time for work to be done under agreement. Mr. Williams indicated that if the bond to do this work is not released the extension of time would be permissible and it was his belief that in the agreement there is the indication that alteration and/or extension of time shall not release said bond. Motion by Councilman Heath, seconded by Councilman Pittenger and carried that the request for extension of agreement time to install street improvement in Tract No. 20199 be approved for the term of one year from the expiration date, March 13, 1959, and under the stipulation that the bond agreement for work to be done will parallel this extension of time. ACCEPT STREET IMPROVEMENTS Tract No. 20682 Home Savings & Loan Assn. HELD OVER PENDING STUDY BY THE CITY ATTORNEY AND FIRM RECOMMENDATION. LOCATION: Southwest corner of Merced and Azusa.Avenues. Accept street improvements and author- ize release of General Casualty Company of America Bond No. 332618 in the amount of $67,000.00. Mr. Flotten stated that a communication had been received from Mr. Harold L. Johnson, dated February 9, 1959, in relation to this matter. Reference was made to the subject tract and the engineering services performed and indicated that payment had not been received for said services performed. It was stated that legal action had been filed against the owner of the property and request was made to with- hold acceptance of street improvements on subject tract. Mr. Flotten stated this matter had been checked with Mr. Williams and a request was made of Mr. Williams to state his legal opinion in rela- tion to withholding acceptance as requested in Mr. Johnson's communi- cation. Ca C. 2-9 -59 • TRACT NO, 20682.- continued • Page Three Mr, Williams. A bond is to guarantee the cost of the improvements. Part of the cost of im- provements would be the design, Although I haven°t'gone into this completely, and it might result in a different conclusion, but what examination I have done in this matter it would be my, opinion that the street improvements should not be accepted, nor the bond released, so long as any labor or materials going into this are not paid for and design function is part of the improvements. Motion by Councilman Heath, seconded by Councilman Brown and carried that the acceptance of street improvements and release of bond in Tract No. 20682 he.hel.d over, during which time the City Attorney should study the conditions and make a firm recommendation to Council, and advise the principle and surety on the bond of the reason for the failure. to accept the street improvements and release the bond, RESOLUTION NO 1508 Ordering the preparation of various items in relation to furnishing of electric current and maintenance of certain lighting fixtures and appliances in said City for a period of months, ending Tune 30, 1960 ADOPTED Mayor Mottinger: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AN ASSESSMENT DIAGRAM, PLANS, SPECIFICA- TIONS, ESTIMATE AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 144, PART 1, STREETS AND HIGHWAYS CODE, STREET LIGHT- ING ACT OF 1.919, AS AMENDED, FOR THE FURNISHING OF ELECTRIC CURRENT AND FOR THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND APPLIANCES IN SAID CITY FOR A PERIOD OF MONTHS ENDING JUNE 30, 1960.11 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. 1508. • 0 C. C. 2-9-59 Page Four RESOLUTION NO, A resolution determining and declaring that weeds growing upon portions of certain streets, sidewalks and certain private property to be a nuisance and declaring the intention of the City Council to order the abatement thereof at the cost of the property owner as provided by law. THE ABOVE RESOLUTION DELETED FROM THE AGENDA Mr, Dosh stated it had not been necessary to,place this Resolution on this evening's Agenda as it was felt that a delay of two weeks,or more, would be more advantageous in that previously there had been a tendency to pass such a type of Resolution too soon and the program was under way before it would actually do the most good in relation to getting rid of weeds. Councilman Heath stated that a discussion had been held in the past in relation to the City going into the weed business and that it had been suggested at that time that perhaps the City should charge a rate that would be comparable to an outside contractor if the City did this work, Mr. Aiassa indicated that there would be a report on this for Council and that the City has two proposals at the present time and another one which the State Division of Highways, Surplus Land Department, is arrang- ing to use this year, Mr. Aiassa indi.cated.that it was his feelings to get the City forces out of this weed abatement business. DISTRICT A'11-58-1 Hollenbeck Street and Vine Avenue REPORT OF DISTRICT HEALTH Sanitary Sewer District. OFFICER APPROVED AND AUTHORI- ZATION GIVEN FOR THE CITY The report of the County of Los Angeles ENGINEER TO PROCEED AS Health Officer was read by the City Clerk INDICATED and the recommendation was for the acceptance of the report and that the City Council authorize the City Engineer to proceed pursuant to the provisions of Section 2808, Division 4, Streets and Highways Code. The report of the Health Officer stated as follows: "RECOMMENDATION. It is respectfully recommended that sanitary sewers be installed in this district. "ANALYSIS; This Department has made an investigation of the Hollenbeck Street and Vine Avenue Sanitary Sewer District A111-58-1, City of West Covina, as shown on the attached map. During the course of this investigation 69 house -to -house calls were made. Of this number 31 occupants were not at home or did not answer the door. Of the 38 property owners or tenants actually contacted, 14 or 36.8% reported having experienced trouble with their individual subsurface sewage disposal systems. They complained that the seepage pits filled up, causing raw sewage to back up into the house plumbing fixtures or to overflow on to the surface of the ground, also that frequent pumping and cleaaning eut -of- the seepage pits are necessary. • C1 C.C. 2-9-59 DISTRICT A111-58-1 - continued Report of Health Officer - continued: Page Five "The soil'Within the area of this proposed sanitary sewer district consists of heavy adobe and clay. This type of soil is not conducive to the proper functioning of any type of individual subsurface sewage disposal system, as it has very poor leaching qualities. "In view of our survey, I, the undersigned Health Officer of the County of Los Angeles, having been officially designated by the City Council of the City of West Covina to perform public health services for the City of West Covina, do hereby recommend that proceedings be instituted at once for the construction of sanitary sewers in the Hol.lenbeck Street and Vine Avenue Sanitary Sewer District, City of West Covina, as an improvement necessary to the protection of public health and pursuant, to the provisions of Section 2808 of the Streets -and Highways Code. ROY 0. GILBERT, M. D. Health Officer" Motion by Councilman Brown, seconded by Councilman Barnes and carried that the Report of the Los.Angeles County Hearth Officer in relation to Sanitary Sewer District A811-58-1 be accepted, and be spread in full upon the Minutes and the City Engineer be instructed to proceed pursuant to the provisions of Section 2808, Division 4, of the Streets and High- ways Code. RESOLUTION NO. 1510 Determining that the construction of certain sanitary sewers is necessary as a health measure (A°11-58-1) ADOPTED Mayor Mottinger: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVIN.A DETERMINING THAT THE CONSTRUCTION OF CERTAIN SANITARY SEWERS IS NECESSARY AS A HEALTH MEASURE IN LAYTON WAY AND OTHER STREETS IN THE CITY OF WEST COVINA." (A111-58-1) 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. 1510. • • C. C. 2-9-59 Page Six RESOLUTION NO. 1511 The City Clerk presented: Approving map of assessment "A RESOLUTION OF THE CITY COUNCIL OF district A111-58-1 THE CITY OF WEST COVINA APPROVING MAP ADOPTED OF ASSESSMENT DISTRICT FOR THE IMPROVE- MENT OF LAYTON WAY AND OTHER STREETS IN THE CITY OF WEST COVINA". (A'11-58-1) Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Barnes, 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. 1511. SCHEDULED MATTERS BIDS TRACTOR AND GANG MOWER AND FRAME Bids were opened as advertised at 10:00 o'clock A. M., February 6, 1959, in the office of the City Clerk for Bid awarded to: the purchase of one (1) Tractor and C.R.COOK TRACTOR CO. one (1) 3 Gang Mower and Frame. for Tractor and The City Clerk indicated that Affidavits PACIFIC TORO COMPANY of Publication had been received from for 3 Gang Mower and Frame the West Covina Tribune, published January 22 and 29, 1959 and as a news item in the Green Sheet on January 16, 19 59 . The bids were as follows: C. R. COOK TRACTOR COMPANY $230.00 cashier's check 1959 Ford Tractor, Incl. tax $2,361.60 1%, 20 days COVINA EQUIPMENT CO. $350.00 cashier's check International Tractor and 3 Gang Mower, complete with frame, Incl. sales tax 3,388.84 2%, 30 days B. HAYMAN CO., INC. No Bid C. Co 2-9-59 Page Seven • TRACTOR AND GANG MOWER BIDS - continued MILBRADT POWER MOWER & (No Bid Bond - could not be EQUIPMENT COMPANY (considered (Roseman Hydraulic Transport (Mower, 2 day delivery 1,350.00 (Roseman Park Challenger, lift (type, 10 day delivery 1,160.00 PACIFIC TORO COMPANY $104.10 certified check, 3 Gang Mower and frame @ $287.00 each, incl. tax 2%, 30 days 1,020.22 Councilman Pittenger: Are we duty bound to accept the lowest bid? There is a $7.00 difference in the Covina Equipment Company bid, yet it is within range of our service department. Could that possibly be enough reason to award them the bid? Mr. Williams: If you find there is an offsetting ad- vantage it could be done. You can outweigh the difference in bid by what you may feel is the offsetting advantage. Councilman Heath: Did we call for this as a complete unit or as independent articles? Mr, Flotten: Either one or both, Councilman Barnes: Is there any specific recommendation from the Parks Department? What they might prefer, the International Tractor or Ford Tractor? Mr. Dosh: This was a matter that was discussed and there seemed to be no particular preference. There was some indication of liking the Covina Equipment Company because of its proximity, but it was also felt that Ford parts might be easier to obtain when needed than. International, Also, International had 6-ply tires while Ford has 4-ply. Councilman Heath: If we are putting out invitations to bid even though there is a slight difference I think we are obligated to give to the lowest bidder, all other factors being equal, and that the location shouldn't be one of the determining factors. Motion by Councilman Heath, seconded by Councilman'Brown that the award of bid for Tractor and 3 Gang Mower and frame be awarded to C. R. Cook Tractor Company for a 1959 Ford Tractor in the amount of $2,361.60 and Pacific Toro Company for the 3 Gang Mower and Frame in the amount of $1,020.22 as the lowest responsble bidders, giving a total sum of C o C. 2- 9-59 J 9 TRACTOR AND GANG MOWER B S - %�'''� and that all other unsuccessful bidders. Page Eight continued bids and bid bonds be returned to the Before the roll call on the above motion Councilman Brown questioned as to whether two separate motions were necessary in relation to the bid award for Tractor and 3 Gang Mower and Frame, Mr. Williams indicated a separate motion for each was not necessary unless specific request was made Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None HEARINGS ZONE VARIANCE NO. 255 LOCATION: Southwest corner of Sunset PRECISE PLAN NO. 154 Avenue, and the proposed Service Street.. James W. Hathcock HELD OVER REQUEST: Service Station Use in Zone R-A, Potential C-R. Request for Adoption of Precise Plan denied by the Planning Commission Resolutions No, 693 and 694. Decision of the Planning Commission appealed by letter received from James Hathcock on January 26, 1959. Maps were presented and the City Clerk presented and read Resolution No, 694 of the Planning Commission, which is also reflected in. Resolution No, 693 which covers the Precise Plano Mr, Flotten stated that the record should show that notice of this hearing was published in the West Covina Tribune on January 29, 1959. 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. Mr. Ea L. Benson spoke in favor, stating that he represented the Union Oil Company Property Department. My duty is to keep abreast and informed of rapidly growing communities such as West Covina and to determine locations of service station sites to serve the most number of people with the least number of service stations. In an analysis during the past few months the forecast indi- cates that by 1980 there should be 80,000 people in this area and that by 1970 there should be some 38,000 cars going up Sunset Avenue and •60,000 up Service. The Court House and Civic Center area pinpoint an area of this particular need to the community. It might not be so evident right now but the need is bound to be there, Ca Co 2-9-59 Page Nine • ZONE VARIANCE NO, 255, PRECISE PLAN NO, 154 - continued Mr, E. La Benson - con roue o We are aware of your plan to promote a good Civic Center and we certainly are in accord with that and in view of that we attempted to try to line up a service station site which is somewhat different from our normal set-up. This difference is due to the fact of the wall around it and the landscaping indicated. We are trying to make it look better than the ordinary service station. Shown on the Precise Plan is the view that would be seen from the Court House and grounds and would not be from the front. This would give you an idea of what would be seen from the Court House or Civic Center if you were to look across the street at the service station site. If this doesn't fit the requirements of. the Commission or Council we are more than willing to work with anyone in the City to try to figure out something acceptable to the City and to the Council. We are willing to do that at any time, Mr. Allen Hathcock of 2612 Larkwood Street, West Covina, spoke in favor. I admire you present for the time and effort you are giving in service to the City and the community. I am aware of the tremendous responsi- bility you have in the making of decisions that are required of you, and I respect your judgment and thinking in the performance of such duties. However, I also believe and trust that you will respect our thinking and actions in endeavoring to protect our rights and our property. Our actions on this matter are without malice or criticism of anyone and are solely for the purpose of arriving at an equitable solution of this problem. Since the inception of the zoning on our property we have accepted your thinking and have endeavored to cooperate with you in this matter. For several years my brother, Jim, and myself, at least since West Covina started to grow, have been interested in the progress and growth of this City. When we first came here to go into business we borrowed all the money we needed and we have served the people, in a small way, in West Covina for seven years. At first, when we started, the chain stores were not interested in investing any money. One very large bank- ing institution refused us a loan, even though we had borrowed at other locations, stating that they did not believe.in the immediate future of West Covina. However, due to hard work and to the growing community we have managed to make a livings So I believe that our interest in this community is as great as anyone's. I make these statements to establish the fact that we are interested in the progress of this City, and are not asking for any special .favors in asking for this zoning. Before we purchased this property, at a high price, we investigated the zoning and the necessary procedure to get firm zoning. This was •then R-A, Potential C-2, and we were led to believe that it was only a matter of procedure to get firm zoning and that was by submitting a Precise Plan that would be acceptable to the Council. This we have done on two previous occasions and were turned down even though the C. C. 2-9-59 Page Ten • ZONE VARIANCE NO, 255, PRECISE PLAN NO. 154 - continued Mr, -Allen Hatheock - continued. - Precise Plan met all the requirements for C-2 on the first try. On the second try the Precise Plan was approved, but only for C-R zoning, If a Precise Plan is acceptable for C-R zoning, which is highly restricted, it should be acceptable for C-2 zoning. Up to the present time it has taken approximately three years and this matter has apparently been dormant since the last try. This, I believe, is due to the fact there is some question as to the legality of the highly restrictive C-R zoning. We tried to make this acceptable to lending institutions before consider- ing loans. However, it has been almost impossible to secure loans with a C-R zoning unless you were a wealthy man with ample security behind you. At this time we have three qualified buyers but after investigating with the City in relation to zoning and improvements that must be made they have all become uninterested. On several different occasions, during these hearings, it was indicated that if we came up with something bonafide and ready to go the City would go along. We believe we have a plan to enhance any development, The Union Oil Company has gone all out and to considerable expense to come up with a development to meet your approval. It will be a service to people that are to travel in this area. It is essential and it is a most logical corner for such a use. Plans are to front this only on Sunset and to make the construction and the landscaping in such a way so as not to detract from any future development.. The purchase price is now on deposit with the Title Insurance Company of Los Angeles only awaiting the outcome of this request. With the personal investment we have made and the taxes we must pay on this property, with the inability to improve it, there is being created a severe handicap on us personally, and we feel that any further delay on this matter will deprive the taxpayers of one of the busiest districts in the San Gabriel Valley which would bring in many thousands of dollars in taxes to benefit the people in the City and to help keep their taxes at a minimum. There are many large concerns and small ones who would like to locate in this area. I feel that at this point time is important as there are other nearby communities that are available for large stores and once a large store settles in another area business follows it and we will lose out. I realize your responsibilities in respect to this thing and I do not believe it is your intention to create hardship on small people and to make it impossible to protect their investment and rights. But I see no way to protect that without the immediate cooperation of the City. We appreciate the protection of the Civic Center but there is also an obligation to the community to make available all of the City°s resources for maximum returns. We live h6re and like it. We have helped pioneer this area and have invested money in good faith and in three years we have been unable to get this zoning and it is creating a personal hardship. We feel the C-R zoning discriminates between the poor and the rich man and only the rich man can build in C-R zoning, Lending institutions will not lend C. C. 2-9-59 Page Eleven • ZONE VARIANCE NO. 255, PRECISE PLAN..NO, 154 - continued Mr. Allen Hathcock - continued: money on C-R toning unless there is a great deal of collatoral to back it up. Meanwhile, this valuable property is laying dormant and could provide a good tax return to the City. This could deprive the City of possibilities and business would be going elsewhere. There is even the possibility the Civic Center may never materialize as it is now planned. Any future Councils may see fit to change the plans. Mr, J. Hathcock of 1102 E. Garvey, West Covina, stated as follows: I believe much of the subject has already been covered thoroughly by Allen°s statements. However, I would like to add that as a taxpayer and citizen of the United States I feel that in this particular instance, after three years, that the type of zoning that has been placed on this property places in jeopardy our property rights under the Constitution and we ask you seriously to act favorably on this matter. There being no further testimony, the hearing was declared closed. Councilman Heath: some very now the a "Bedroom" City where home owners are carrying the burden of the taxes. We need some other means of bringing in income to relieve these home owners. I think the applicants good points. As it is City has been referred have right to as The Councils have to plan ahead because these developments do not happen over night. The way I look at it, West Covina can go one of three ways. They can supplement the City's income through industry, through commer- cial or through financial centers. So far as industry is concerned, you. can almost mark that out because of limited amounts of industrial loca- tions, at least until recently. So far as commercial area of the Valley, because of the way shopping areas are split up all over the City, it is hard to accept that this will be a commercial center of the Valley. That leaves financial centers. We have a good opportunity to make this the financial center of the Valley and I think with the conversations I have heard with -the committee in relation to this zone I would like to see it develop into a financial center of the Valley. However, we are restricting these people, penalizing them, by holding them down. We are saying that they must design their property in ±elation to a Civic Center that may be as much as 15 or 20 years away,'so maybe it isn't feasible to have a financial center. We had an.annexation recently, over the hill,,'which would be good for industrial. Maybe instead of holding this area off with the hopes there will be a financial center in the future, we ought to consider supplementing our income in the City with industry and consider the development of our annexation along the industrial line. However, I think these people are being penalized. C. C. 2-9-59 Page rPmelve • ZONE VARIANCE NO. 255, PRECISE PLAN NO. 154 - continued Councilman Heath - continued: I may be partly responsible for it because I was on the committee where this was attempted to be resolved last fall. We have a lot of problems to figure out and discuss and I would hope the applicants will be favorable to having.thi.4p-matter referred to a study session to review facts as of today, not six months ago and to find out if we feel about this area now as in the past and possibly to indicate different ideas about this area and then possibly to make a fair and just proposal to Mr. Hathcock, Mayor Mottinger: I believe we have a committee with Councilman Barnes as Chairman who are trying to solve this problem at the moment, Councilman Barnes: At this time there is no .report to make. We did during "the time of this committee contact Mr. Hathcock at the store, and we also tried to contact each property, owner, as to what they would like at this l.odation and gave a standard group of questions to be answered. We did not fee?. we could resolve this question honestly at that time because we were doing a survey of the City, which is in rela- tion to Mr. Bennett ° s repots . -Mr. MdCann ° s report; hadn't 'come in until just recently. We were going to start the committee up again to try to work out some- thing that would be satisfactory to the property owners and the City. At the present time we have a joint meeting corning up with the Planning Commission and I think possibly that some of these questions might come up at this meeting and l: hesitated to call the committee back together again until this joint meeting had taken place and possibly given us some highlights on what might be done in this area. I, like Councilman Heath, feel these people are being treated unfairly. I read all the past Minutes on the C-R zoning and I, myself, do not feel this is good zoning. I do not feel it is definite enough and doesn't spell out exactly what can go into this location. However, I would like more time to study with the committee on it and possibly there might be some answers from the Planning Department. I would like to ask that some consideration be given to this matter at the joint meeting and then possibly have the committee come together and study It. Councilman Pittenger indicated that Mr. Williams had given a written report in relation to this opinion on the legality of C-R zoning in the area and it was indicated that if Council member -still had that report it should be brought along for consideration at the joint meet- ing of Commission and Council.. Co Co 2-9-59 Page Thirteen ZONE VARIANCE NO, 255, PRECISE PLAN NO, 154 - continued Councilman Brown: Some two years ago this C-R zoning was studied and initiated by the Planning Commission. I see the map was prepared as C-R zoning but to my best recollection I do not believe this is C-R zoning as we did not have the second reading for that zoning. I believe this is still Potential C-2 zoning and not C-R because we backed off under the opinion of the City Attorney in relation to the enforcing of the C-R zoning, I think it is definitely time to do something about this. The only reason I wouldn't pass this tonight is that I feel there is no actual Precise Plan, It is schematic drawing, but that is all, Mayor Mottinger: I believe this should be studied fur- ther and we don't wish to reject the plan until further consideration is given. I think we should try our level best to get an answer on this by the next regular meeting of Council which would be February 24tho Motion by Councilman Barnes, seconded by Councilman Brown and carried that Zone Variance 255 and Precise Plan No, 154 be held over until the regular meeting of February 24tho PRECISE PLAN NO. 148 Frank B. Bowker APPROVED AS REVISED The City Attorney ruled that City Council as an appeal. mission. Maps were presented. LOCATION: Southeast corner of Walnut Creek Parkway and California Avenue. (Subsequent to approval of Precise .Plan, the applicant submitted a revised plan showing the additional development). said revised plan must be accepted by the Approval recommended by the Planning Com- 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. Frank Bo Bowker of 19874 Lorencita Drive stated as follows: The Commission first approved our Precise Plan with conditions which had not been explained to us by the different departments and in so doing it shorted driveways to the extent the tenant did not have spaces for speakers before the actual building was arrived at. When we realized that end of the property was being left completely useless, and as a consequence the Precise Plan as approved couldn't be utilized by the tenant, we asked to have the plans amended to give a better use of. the •property and for more extensive use of the property, we needed necessary parking spaces. When that happened Mr. Williams ruled it was an appeal and would have to come before Council for hearing. However, the Planning Commission approved both plans. Co C. 2-9-59 Page Fourteen PRECISE PLAN NO. 148 .m continued Mr, M. Tew of 943 Blue Ash Road stated he had received no notice this time that this was going to happen. Mayor Mottinger questioned as to whether this had been properly pub- licized and Mr. Aiassa answered in the affirmative. Mayor Mottinger indicated that this was not a matter of zoning, but only a matter of the Plan since the zoning had been approved, Anything that is permitted in this zoning can be built in. this area provided the plan meets with the approval of Commission and Council, Mr. Tew asked if there was anything detrimental in this use in relation to noise? And what was the use here? Mr. Gerschler indicated this was a drive -through restaurant and a store building. The drive -through would have a loudspeaker system that would be used for ordering food from the car but there is no excess noise involved at all. The uses indicated were both permitted in C-2 zoning and the plan shows reasonable setbacks, traffic control and other conditions. Mr. Tew indicated he wasn't opposed to business going in but just was wondering how much of a noise factor might be indicated. There being no further testimony, the hearing was declared closed. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that Precise Plan No. 148, as revised, be approved. Mayor Mottinger called a recess. Council .reconvened at 9:00 Po M. CITY CLERK'S REPORTS - continued RESOLUTION NO. 1512 The City Clerk presented: Adopting the profile and "A RESOLUTION OF THE CITY COUNCIL OF improvement plan and THE CITY OF WEST COVINA ADOPTING THE specification (Aa11-58-1) PROFILE AND IMPROVEMENT PLAN AND SPECI- ADOPTED FICATION FOR THE IMPROVEMENT OF LAYTON WAY AND OTHER STREETS IN THE CITY OF WEST COVINA (A°11-58-1)" Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. • C. C. 2-9-59 RESOLUTION NO, 1512 - continued Page Fifteen 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. 1512 RESOLUTION NO. 1513 Declaring intention to improve certain streets, determining bonds shall be issued to repre- sent cost, declaring the work to be of more than local or ordinary public benefit, and that expense shall be assessed upon a district (A'11-58-1) ADOPTED Mayor Mottinger: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO IMPROVE LAYTON WAY AND OTHER STREETS IN THE CITY OF WEST COVINA, DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, DECLAR- ING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT (A911-58-1)" Hearing no objections, we will waive further reading of the body of the Resolution. 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. 1513. ACCEPT SEWER FACILITIES: LOCATION: Francisquito and Tonopah Tract No. 21566 Avenues. APPROVED Mr. Flotten indicated that this was to accept the sewer facilities only and the bond will not be released until street improvements are also completed in this tract and accepted. One bond covers both street improvements and sanitary facilities. Motion by Councilman Brown, seconded by Councilman Heath and carried that sewer facilities in Tract No. 21566 be accepted. Co C. 2-9-59 PROPOSED ANNEXATION NO. 1.63 Description of annexation boundaries to be sent to County Boundary Commission Page Sixteen LOCATION: Southwest corner of Vine Avenue and Citrus Street. On January 12, 1959 the City Council referred this matter to the Planning Commission for report. Held over from Planning Commission meeting of January 21, 1959 to fur- ther study improvement of Vine Avenue. Approval recommended by the Planning Commission for R-1, Area District III, on February 4, 19590 Mr. Gerschler presented and read Resolution No. 702 of the Planning Commission as adopted at the last meeting of the Commission, which indi- cated the recommendation of R-1, Area District 111. Mr. Gerschler further indicated that submitted to the Commission with this Annexation No. 163 for concurrent consideration was subdivision map of Tract No. 24157 as indicated on the Council Agenda., The Commission gave tentative approval on it in that it be subject to the recommendations of the Planning Committees solution of alignment of Citrus Street on the County Master Plans and the reservation that zoning cases of a subdivision are not considered until the time of the hearing of the annexation. Mr. A.iassa: I believe the City Attorney made a recommendation on the matter of the annexation in that it should be sub- mitted, as to the boundaries, to the Boundary Commission. Mr. Williams. That would be the first step in approach- ing annexation. Motion by Councilman Barnes, seconded by Councilman Heath that a descrip- tion of the boundaries of Proposed Annexation No, 163 be sent to the County Boundary Commission. TENTATIVE MAP OF TRACT . NO, 24157 Fo Jo Zoelle and G. J. Renne CONDITIONAL APPROVEL subject to Annexation No. 163 Citrus Avenue alignment. LOCATION: Southwest corner of Vine Avenue and Citrus Street. 5.3 Acres - 14 Lots - Area District III Conditional approval recommended by the Planning Commission February 4,1959, proceedings and .adequate solution to Motion by Councilman Heath, seconded by Councilman Barnes and carried that Tentative Map of Tract No, 24157 be approved subject to the decision by the County as to the location of Citrus Street and its extension; subject to the recommendations of the Planning Commission, Planning Department and City Engineer; subject to the approval of Proposed Annexation No. 163. APPROVAL -OF MINUTES February 9, 1959 - Approved as corrected as follows° Page 8 - The amount in the first paragraph should be shown as $3,181.82, instead of $3,3181.82 as indicated. Page 17 - In relation to the caption of employing a full time manager for 'the West Covina, Chamber of Commerce and request for payment of $300.00 per month by the City with consideration for increasing and extending this contract; plus the motion made by Councilman Pittenger and seconded by Councilman Heath in relation to this matter, Councilman Heath indicated as follows: Councilman Heath, I seconded the motion on this matter and as a point of clarification I would like to ask at this time,,was it the intent of this motion that there is any kind of promise or commitment whatsoever to change the amount of this money at a future date? Councilman Pittenger: No, I do not think so. We discussed this possibility somewhat but we agreed that we would have to bring it up during budget time but that we could not commit ourselves. This motion was only authorization to begin the authorized payments to the Chamber of Commerce. The original agreement was that when they hired a full time manager,we would pay $300.00 a month. Councilman Heath: I am questioning whether we have intimated at all that we will raise the amount of. $300o000 Councilman Pittenger, I do not think that we have done so by the motion - made. - Mr. Aiassa, It has been.noted that this would be a matter that would resolve itself at budgetary hearings of the Council. The amount of money authorized was only budgeted on the tondit1lon of hiring a full time manager and the present contract is in effect until June 30, 1959. Councilman Heath-. There.is no commitment made for beyond June 30th? Mr. Aiassa, No. Mayor Mottinger: We could not contract beyond that time and we would be in error if we did. C. Co 2-9-59 EMPLOYING OF A FULL TIME MANAGER TO THE WEST COVINA CHAMBER OF COMMERCE and REQUEST FOR PAYMENT OF THE AUTHORIZED SUM OF $300.00 PER MONTH BY THE CITY WITH CONSIDERATION FOR INCREASING AND EXTENDING THIS CONTRACT AUTHORIZATION GIVEN FOR THE PAYMENTS AS PER CONTRACT Page Seventeen Mr. Flotten presented and read a- communi- cation which indicated the employing of Ernie LaBelle as a full time Manager to the Nest Covina Chamber of Commerce It was requested that support of the City is now needed to do this and that the first payment of the authorized sum of $300.00 be made February, 1.959, and thereafter on a monthly basis on the first of each month starting with March 1, 1959. It was indicated the present contract ends June 30, 1959 and consideration was asked in the matter of extending the contract and also increase the amount of the City°s support. Request was made to sit with representatives of Council to discuss this matter when the budget of the Chamber of Commerce is presented. Motion by Councilman Pittenger, seconded by Councilman Heath that authorization be given for the City to start the authorized payments of $300.00 a month to the West Covina Chamber of Commerce, commencing with the month of February, 1959 and to continue thereafter on the first of each month until the date of June 30, 1959 as per the contract made. Motion passed on roll call as follows-, Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes. None Absent. None Mayor Mottinger asked if there were any indications as to the extending of future benefits. Mr. Aiassa stated that he believed"this would be a matter that would resolve itself at the regular budgetary hearings of the City Council. Mayor Mottinger: I do not believe, however, it would be presuming too much to indicate. continua- tion of this kind of contractural arrangement satisfactory_to both parties. Councilman Pittenger indicated it would seem to be in order and Councilman Heath also felt that the Chamber of Commerce should be backed wholeheartedly in any attempts they would make for the betterment of the City. Councilman Pittenger extended congratulations on the part of Council to 'Mr. LaBelle and also to the Chamber of Commerce for their very fine choice of their Manager, 0 RECREATION AND PARK None Co Co 2-9-59 Page Eighteen 0 GENERAL MATTERS ORAL None WRITTEN COMMUNICATIONS REQUEST FOR REVISION IN Mr. Flotten presented and read the CONTRACT BY.,HAROLD L,JOHNSON communication of Mr. Johnson, dated MR. WILLIAMS REQUESTED February 5, 1959. TO PREPARE A REVISED CONTRACT In essence the requests were made in relation to a minimum retainer of $200.00 per month for reimbursement of expenses of certain routine operations, telephone consultations and conferences in relation to practice with the City and which could not be fairly listed or accounted for in records. It was also requested that the clause binding both parties to a two year period be replaced with a thirty day cancellation clause so that the agreement can be terminated at any time at the convenience of either party without cause. Further request was made, due to increased union wages, that the office rate per hour be changed to $6.20 and the three man field party to a rate of $16.50. Mr. Aiassa indicated he had no comment except to dire.-t Mr. Williams to ;prepare the proper instrument in relation to Mr. Vobnson,.and that a joint meeting had been held on this matter. It was consensus that Mr. Williams by requested to prepare a revised contract in relation to the requests of Mr. Harold L. Johnson, PETITION OF PROTEST IN Mr. Flotten presented and read the peti- RELATION TO THE ACTION OF tion, dated February 8, 1959, relating COUNCIL IN REFERENCE TO to this matter. It was indicated that. THE RAISE FOR MR, AIASSA refusal to .raise the salary of the City Manager seemed to indicate the City Council was acting in bad faith,/ particularly since this provision was agreed upon by the City Counc' at the time of Mr. Aiassa°s employment and by the understanding t}t the sum of $650.00 had been included in the City Manager's budget to provide for the 10% increase in salary. It was also felt that what has taken place would establish the City with a poor reputation which would make it difficult to obtain competent City employees in the future. Mayor Mottinger stated that a personnel session would take place .tomorrow, February 10, 1959, at the City Hall in relation to this matter, taking place immediately after meeting with the Teen -Kan -Teen. Co Co 2-9-59 Page Nineteen & RAISE FOR MR. AIASSA m continued Mrs, Van Dame: This item of Mr. Aiassa°s salary will come up tomorrow? Mayor Mottinger: It will be under discussion, yes. Mrs. Van Dame. Then I hope you will let your conscience be your guide. You all know what has been accomplished. I've had information today that he can sue the City of West'Covina, as well as the City Fathers and James Kay for promising that which he does not get. CITY ATTORNEY ORDINANCES SECOND READING ORDINANCE NO, 617 Regulating dancing in places where liquor is sold ADOPTED Mayor Mottinger: The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REGULATING DANCING IN PLACES WHERE LIQUOR IS SOLD. Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Barnes, seconded by Councilman Brown that said Ordinance be adopted. Motion passed on roll. call as follows., Ayes. Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Ordinance was given No. 617 RESOLUTION NO. 1514 Approving amendment to health services agreement with County ADOPTED Mayor Mottinger: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AMENDMENT TO HEALTH SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES 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. 1514. U Co Co 2-9-59 Page Twenty RESOLUTION NO, 1515 The City Attorney Presented: Granting approval of "A RESOLUTION OF THE CITY COUNCIL OF THE a variance (Moody) CITY OF WEST COVINA GRANTING APPROVAL ADOPTED OF A VARIANCE", (Howard and Sally Moody) Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. 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, 1515. CITY MANAGER REPORTS OPERATION "SOP" Mr, Aiassa presented a report in relation to the recent storm period. He indicated th.at'it appeared it had worked out real well and the street had been barricaded, BADILLO DRAIN PLANS Indications from the Engineering Department that the matter is going according to schedule. YOUTH OFFICIAL DAY Letter from Mr. O'Dell in relation to this being held on March 9th or March 29tho Mr. Aiassa indicated this would be resolved at a Staff meeting Friday. Council indicated these two dates were regular Council meeting dates and past experience had indicated that this should not take place on regular meeting night dates. Last time there was a special Agenda prepared, Indications were the possibility of an adjourned meeting, for this purpose, between the dates indicated. AMENDMENT OF RESOLUTION RE: Amendment to salary and inclusion .NO. 1277 IN RELATION TO of adopted qualifications to fulfill SUPERVISOR OF RECREATION this position, The City Attorney was directed to amend Resolution No. 1277. • Mr. Aiassa indicated this could be presented at the next regular meeting of Council since the appointment would not take effect until March 1, 1959. C. Co 2-9-59 CITY MANAGER REPORTS - continued Page Twenty -One POLICE LIEUTENANT Mr, Aiassa indicated that the appoint- ment in the matter of the position of Police Lieutenant had been held off pending occupancy of the new police facilities building which would be some time in March. This would require a formal resolution. BOOKLET OF THE LEAGUE OF WOMEN VOTERS ENTITLED "KNOW YOUR CITY" PURCHASE FOR USE BY CITY AUTHORIZED Mr. Aiassa indicated that Council had authorized him to meet with the League of Women Voters in relation to matter of helping with funds to have this booklet prepared and distributed through various agencies in the City. At the time this was discussed no actual cost was known. In a letter from Mrs. Robbins, plans were being made for 5,000 copies, revised and up to date. Mr. Aiassa indicated that it would be his recommendation the City acquire 1,500 of these booklets, at a price of 10¢ each, to distribute for its own purposes. Motion by Councilman Barnes, seconded by Councilman Brown that authori- zation be given for the purchase of 1,500 copies of the booklet entitled "Know your City" from the League of Women Voters at a cost of ten cents (100 each). Motion passed on roll call as follows: Ayes. Councilmen,Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes. None Absent; None ALLOCATION IN 1958-1959 Motion by Councilman Heath, seconded BUDGET FOR STREET SWEEPER by Councilman Brown and carried that CITY MANAGER AUTHORIZED the-C-ity_ Manager make a study._.,to deter - TO MAKE STUDY mine if the equipment is now being used to its best advantage; if the present equipment can still be efficiently used to cover the necessary job in the City satisfactorily; obtain explicit prices on a new Sweeper, PUBLIC-SERVICE DEPARTMENT SUMMARY REPORT OF FIRE CHIEF . WETHERBY Report of Public Works Construction schedule for year 1958-1959.0._ Re. Emerge'Veyr-telephone system which is: the first step to develop an adequate alarm system for the City. SANITATION DEPARTMENT REPORT Sewer procedure and schedule manual was proposed by Sanitation Department for City Councilmen's use, Co C. 2-9-59 CITY MANAGER REPORTS - continued Page Twenty -Two LIBRARY STUDY Mr. Aiassa indicated that he would like a work session with Council in relation to library study and then could possibly contact County representative. STUDY SESSION Monday, February 16, 1959. PLANS AND SPECIFICATIONS Mr. Aiassa indicated that he would like FOR NEW PROPOSED ANNEX TO. to have Council approval to proceed in CITY HALL the final preparations of Plans and Specifications for the new proposed annex to the City Hallo These include the future porch. An estimate of the cost is just short of $1,000.00. It was indicated the rest room costs would be a difficult item to figure which might be about $1,200.00, plus being subject to the location of the installation. It was indicated that Plans and Specifications could be set up with an alternate bid for the rest rooms, and the City Council can then decide whether or not additional facilities should be provided at this time. Councilman Brown: Who does this? Mr,Aiassa: Mr, Harold Johnson. Councilman Brown: Mr, Harold Johnson is a capable engineer but there are some items that are shown that are not necessary and will cost us more money and are not as good. I refer to the item of the double strength glass in the doors. Possibly this is something that should be done by an architect instead of an engineer. Mr, Aiassa: If the City Council. prefers to hire an architect to prepare these plans I want a direct'motion.from the City Cou-A-el directing me to do so. No action on item, Mr. Aiassa. We could proceed with Mr. Harold Johnson to do the drawings and speci- them before calling for bids° fications but have Mr. Thomas check Councilman Brown: Have Mr, Johnson draw it up and have Mr. Thomas check it, Mayor Mottinger: It will cost us less if we continue the way we are and we can catch these matters first. a Motion by Councilman Brown, seconded by Councilman Barnes and carried that authorization -be given to proceed with final. Plans and Specifications for new proposed annex to the City Hall. C. Co 2-9-59 is Mrs, Van Dame: Mr. Alassa: CITY CLERK - NATIONAL CRIME PREVENTION WEEK - February 8-14, 1959 WORLD DAY OF PRAYER February 13, 1959 FUND'CAMPAIGNS AMERICAN CANCER SOCIETY April, 1959 MUSCULAR DYSTROPHY ASSN, December, 1959 JOINT MEETING OF COMMISSION AND COUNCIL REPORT IN RELATION TO VARIANCES THAT HAD BEEN ACTED UPON BY THE PLANNING COMMISSION AUTHORIZATION TO PAY COST OF DINNER BILL PRESENTED FOR RECENT MAYORS MEETING APPROVED Page Twenty -Three There are doors in buildings in the Plaza shopping area which are against fire regulations in that they open in instead of out, The Fire Department is going over the entire area and I am sure they will find that problem.. National Crime Prevention Week and World Day of Prayer was so proclaimed by Mayor Mottinger. Mr. Flotten indicated that a request was made that there be a representative from these organizations to check in with the Police Department and bring ina list of the people who are going to work for them during such campaigns. February 17, 1959 No requests for any to come before Council. Motion by Councilman Huth, seconded by Co,.,,r.^ilman grown that - 1.-thorization be u9..=..yen for the City tc� ;gay the cost of the dinner bill_, in the amount of $51.40, for the r' -,, ent San Gabriel Valley and Pom .-r-7, Valley Mayors meeting at whir b ��rere the host. Motion passed on rell call as follows Ayes: Councilmen Heath, Brown, Pittenger-, Barnes Noes: None Absent: None • Abstaining: Mayor Mottinger C. Co 2-9-59 Page Twenty -Four RESOLUTION NO. 1516 The City Attorney presented° Pertaining to the "A RESOLUTION OF THE CITY COUNCIL OF donation of surplus THE CITY OF NEST COVINA, CALIFORNIA, federal property PERTAINING TO THE OBTAINING OF SURPLUS ADOPTED FEDERAL PROPERTY". Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Pittenger that said Resolution be adopted. Motion passed on roll call as follows° Ayes.- Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No, 1516. RESOLUTION NO. 1517 The City Attorney presented: Adopting Grant Deed (Neely) "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA ADOPTING A GRANT DEED AND DIRECTING THE RECORDATION THEREOF". 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. 1517. DEMANDS APPROVED Motion by Councilman Heath,. seconded by Councilman Barnes that Demands in the amount of $1069077.54, as shown on Demand Sheets C-127, C-128 and C-129, be approved. This to include fund transfers in the amount of $42,513.28. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Co .Co 2-9-59 Page Twenty -Five • There being no further business, motion by Councilman Heath, seconded by Councilman Browny at 10:20 P. M., that the meeting be adjourned, APPROVED BY CITY COUNCIL Date As submitted With the following corrections: