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02-24-1959 - Regular Meeting - Minutes0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA February 24, 1.959 The meeting was called to order by Mayor Mottinger at 7:40 Po Me in the West Covina City Hallo The Pledge of Allegiance was led by Councilman Pittenger, with the invocation given by the Rev, John Gunn of the First Baptist Church. ROLL CALL Present-. Mayor Mottinger, Councilman Heath, Brown, Pittenger, Barnes Others Present: Mr. George Aiassa, City Manager Mr, Robert Flotten, City Clerk Mr. Harry Co Williams, City AttorneyMr. Tom Dosh, Assistant Public Services Director Mr, Malcolm Co Gerschler, Planning Coordinator 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, Chaml:,er 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`rela.t:ion 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? 1 Councilman Pittenger: No, I do not think so. We discussed this possibility somewhat but we agreed that we would have to bring it rap 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 $300.00. Councilman Pittenger: I do not think that we have done so by the motion made. 0 C. C. 2-24-59 Page Two 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 condition. of hiring a full time manager and the present .:contract is in effect,unt*l June 30, 1959. Councilman Heath., There is no commitment made for beyond June 30th? Mr. Aiassa: No. Mayor Mottingero February 13, 1959 Mayor Mottinger; We could not contract beyond that time and we would be in error if we did. - Approved as submitted so that they need not on the Agenda. ZONE VARIANCE NO. 255 PRECISE PLAN NO. 154 James W. Hathcock HELD OVER I believe it would be in order to handle a couple of items at this time that concern people who are in the audience stay while we wade through a lot of other details LOCATION., Southwest corner of Sunset Avenue and the proposed Service Street. REQUEST., Service Station Use in Zone R-A, Potential C-R Request denied by the Planning Commission under their Resolutions No.693 and 694. Decision of the Planning Commission appealed by letter received from James Hathcock on January 26, 1959. Hearing set for and held before the Cit ' y.Council on February 9, 1959. Hearing closed and decision held ot ver o February 24, 1959 pending result Of joint study meeting of Council and. -Planning Commission and meeting of committee. Mayor Mottinger-, The joint meeting with the Planning Commission lasted longer in relation to other items and we did not get to the discussion of C-R zoning. At present you who have submitted this request are here expecting us to give you an answer and I would like Council's reaction on what we should do in this matter. It is mypersonal opinion that we should complete discussion with the Planning Commission and come to a conclusion on this matter that is satisfactory to everyone concerned. That would mean a (joint) meeting at a later date. We wanted one this coming Wednesday but several of theCouncilmen would have been unable to attend, C. Co 2-24-59 Page Three Councilman Heath.- We had intentions of discussing this at the joint meeting but did not get to it. I think that before anything can be decided or consideration given there must be a joint meeting. Mayor Mottingero I feel. that is correct but we should make it a definite point to get this under way to.give an answer. There is a study session next Monday night and if .it would meet with approval we could _call for a meeting with the Planning.C.ommission on Tuesday nighty March U d, at 7*30 P. M. Councilman Pittenger.- I think that would be satisfactory but we cou.ldn'ttake official action until the next regular meeting of Council, Councilman Barnes.- I think this would be good if it is fair to the.applicantsy and I feel it would be fair to them. We promised them a decision tonight but I feel that something very good might come out of the joint meeting suggested, Mayor Mottinger.- The joint meeting that was planned with the Commission was to hear the report of our consultants and it was a longer meeting than had been planned on. However, since these men had been invited previously to this matter we hard to hear them out. I would like this joint meeting. We,would like to reach a conclusion so that at the next regular meeting.the.a.pplicant could have his answer. Icanyt say positive that they would have it but that would be our inten- tion and we would -do our best to give an answer at that time. Councilman Brown.- I think we should make an extreme effort when we meet with the Planning Commission to give these people our decision no later than the meeting of Council on March 9tho This has been held pending a long time. On this particular one there was no Precise Plan and I would like to see a Precise Plan on this. I -would further like to indicate that there was a second reading on the C-R zoning and that it is in effect. having been passed on February 11, 1957. Mr, Allen Hathcock.- I believe this was started in 1956 and as was said at the last meeting it is important and getting to a crucial point. We have bent over backwards trying to allow time to Council and Commission and I personally feel that three years is ample time for any- one to make up their mind on a request of this nature. This is with all due respect for everybody concerned. 0 Co Co 2-24-59 Page Four r 1 ZONE VARIANCE NO, 255 - continued Mr. Allen Hathcocia - continued: I can't see why it takes three yearn to get a decision on a simple matter of zoning. This was submitted to Council by letter on January 26th and the legal period will be out before the next meeting and I believe that before this period is up I feel that unless there is some justifiable reason we can't get a decision tonight, I .feel this decision should be handed down tonight, Mayor Mottinger: stipulating what C-R permits. under C-R zoning ordinance. our ordinance. Whether this moment, it is a matter of not The question is how to change I feel there is one fact being overlooked and that -is the fact that we have an area zoned Potential. C-R and an Ordinance The application before us is not permitted The only way we can approve it is to change use is right is not the question at the being permitted in the present ordinance, our ordinance to permit .such a use. Mr, Hathcocko I feel this matter of C-R Zoning, whether itis legal or it isn't, should have been changed because three years is a long time. It is not that we want to oppose Council but I state this to you for the human considerations that should normally be considered on the thing. When can we expect a decision on it? How long do people have to go to get what they want? Mayor Mottingero This ordinance on C-R zoning has been in effect since February, 1957. We haven't been trying to change that ordinance until just recently. We realized there were some things possibly unfair in the ordinance, too highly restrictive,,,but no place along the line could we reach an agreement as to where we should goo We are endeavoring to maintain an area protective to our civic center for a nice development for the future. This has been made clear enough in meetings held on the subject. It is still the intent of Council to indicate what is proper to that kind of development and in fairness to the property owners, However, I think it is ill-advised to break down our zoning already passed and I do not think it would be legal, Mr. Hathcocko I would .like to know if this shall extend over a long period of time? Mayor Mottingero We are going to have a joint on it at our next meeting or the joint meeting, Our intentions were to handle this prior to this meeting but the joint meeting was too long for a discussion on it. meeting again and we hope'to-give an answer call you in for further discussion after C.-C. 2-24-59 Page Five ZONE VARIANCE NO, 255 - continued Mr, Hathcock- If there is any length of time on which these things are hinged I would want the record .to show we want to go along with you but for our own protection we also want to stand on our own rights in the matter, Mayor Mottinger- I....do not_ believe there would be any auto- matic approval if we do not act on it. Mr. Williams: This is for a variance and would have to be acted upon, but there would be no auto- matic approval of a variance. It was consensus that this matter of Zone Variance No. 255 and Precise Plan No. 154 be held over to next regular meeting of Council. UNCLASSIFIED USE PERMIT N0,31 LOCATION: North side of Merced Avenue, Southern California Edison Co. between Lark Ellen Avenue and Glenview HEARING CONTINUED UNTIL Road, MEETING OF MARCH 23, 1959 Request to permit construction and,operation of an Edison Utility Sub- station in Zone R-A, Potential R-1, Denied by the Planning Commission under their Resolution No, 676. Decision of the Planning Commission appealed by letter from Southern California Edison Company received on December 11, 1958 and matter set for hearing before the City Council on January 26, 1959. January 26, 1959 hearing was opened and continued to February 24, 1959. February 24, 1959 the hearing was.requested to be continued to -March 23, 1959 is per letter dated February. 13,...1959 from the proponents. All interested parties notified by mail, Mr, Flotten: We received this letter from the Southern California Edison Company, Although it was not entirely within the province of the City Clerk to grant hearing continuations, we felt that since the applicant requesting.this.continuation was attempting to work out another location, we mailed a letter to all the principals in the area notifying both proponents and the opponents so that they were informed of the fact there would be no testimony presented tonight. It was also noted in the communication that when the hearing was scheduled they all would be notified so they could be present, Councilman Heath- At the last Council meeting that this matter came forward I believe it was indicated at that time that the cit*tens in that area agreed to meet with the representatives of the Edison Company, Have they met with you? C C. C. 2-24-59 Page Sias UNCLASSIFIED USE PERMIT NO, 31 - continued Mr. Glen Taylor I do not believe there was such an Southern California arrangement made but indications were Edison Company giver.. that if they had something to -ask we would meet with them. They did have a.:,meet.i;ng with company officials the afternoon of the last meeting of Council which is why we requested more time in relation to this matter<at the: -.previous meeting. Councilman Heath: There.have been no meetings with the peopl.e.,since that time? Mr. Glen Taylor: No. However, there was some telephone contact -in which we were asked if we might require a decision but we stated we.would not. Motion by Councilman Pittenger, seconded by Councilman Heath and carried that the hearing on Unclassified Use Permit No. 31 be continued until •the City Council meeting of March 23, 19590 Councilman Barnes abstained, SCHEDULED MATTERS PROJECT NO. C-85 LOCATION.: 811 So Sunset Avenue Fire'Facilities Building BID AWARDED The bids were open as advertised at (F. Jo Zoelle) 16:00 o'clock A. M., February 20, 1959, in the office of the City Clerk and referred to the Engineering Department for review and recommendation. Notice of Publication had been received from the West Covina Tribune on February 5 and 12, 1959, and as a news item in the Green Sheet on January 28, 1059. The bids were as follows: F. J. ZOELLE 10% Bid Bond $ 28,437.00 CLARK ELLIOTT GEN. CONTRACTOR 10% Bid Bond 28,880.00 OLIN CONSTRUCTION CO. 10% Bid Bond 289885.00 DUMARC CORPORATION 10% Bid Bond 29,948.00 R. B. SEARLES CONSTRUCTION CO, 10% Bid Bond 30,600.00 FRY AND FRY, INC. 10% Bid Bond 31,500.00 0 C. C. 2-24-59 Page Seven PROJECT NO. C-85 - continued Bids continued: E. A. WEITZUL & ASSOCIATIES STRONA BROS. CARL HARVEY HUNTER CONSTRUCTION CO. R . R. STARK 10% Bid Bond $ 33,344.00 10% Bid Bond 35,352.00 10% Bid Bond 35,,850.00 ,10% Bid Bond 35,873.00 10% Bid Bond 35,997.00 Mr. Dosh:' I,have ,no comments on this matter. There has been. -submitted to Council the recom- mendation from the. City Engineer. The matter of the funds involved has been discussed with the',City Manager. Mr. Aiassa: F. J. Zoelle has been shown as the lowest responsible bidder. The estimate on this work was around $30 , 000.00. Motion by Councilman Brown, seconded by Councilman Barnes that the bid on Project C-85, Fire Facilities Building, be awarded to F. J. Zoelle, as the lowest responsible bidder, in the amount of $28,437.00, and that all other bids and bid bonds be returned to the unsuccessful bidders. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown., Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None PROPOSED AMENDMENT NO. 28 City Initiated APPROVED AND CITY ATTORNEY INSTRUCTED TO PREPARE THE PROPER ORDINANCE ,Proposal to amend Section 900 of Ordinance No. 325 (Zoning Ordinance) to permit cabaret dancing in Zone C=2 and to amend Section 1200 of Ordinance No.325 to require an Unclassified Use Permit for all dancing activities except that permitted in Zone C-2. Approved by Planning Commission Resolution No. 701. Set for hearing on this date before the:City Council. Mr. Flotten presented and read Planning Commission Resolution No. 701. 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. v There being no testimony presented, the hearing was declared closed. C. C. 2-24-59 Page Eight PROPOSED AMENDMENT NO, 28 - continued Motion by Councilman Browny seconded by Councilman Pittenger and carried that Proposed Amendment No, 28 (City Initiated) be approved and that the City Attorney be directed to prexpare the, proper Ordinance. SAFETY AWARD TO WEST COVINA Mr., Flot.tdn presented and read a communi- POLICE DEPARTMENT cation in relation to this matter. With this communication was the Walker Safety Award Certificate, commending the West Covina Police Department for their enforcement of traffic laws in the community. This was presented to, the Chief of Police with congratulations to all members of the law enforcement team. Mayor Mottinger presented the certificate to Chief of Police Sill and stated that there was little to add to what had been stated in the communication read by Mr. Flotten but that on behalf of Council he wanted to extend congratulations to the,West Covina Police Department for their efforts enabling them to receive this certificate. Chief Sill accepted the certificate on :behalf of the Police Department • and stated that to have such proper law enforcement carried out is not a one man job, that it takes team effort, and on behalf of the Police Department this certificate was accepted with thanks. CITY CLERK'S REPORT REQUEST TO EXTEND LOCATION. Northwest corner of Azusa AGREEMENT TIME andCameron Avenues. Tract Noo20456 Albert Handler.Request,.to extend time on Agreement to APPROVED instal.l.,.street improvements. Expiration date - August 5, 1958 Councilman Barnes: Would we be in legal position to extend the time on this agreement? Mr, Williams: There is no length of time stated in the law beyond which you cannot extend the agreement to improve. There is time upon which you cannot extend time for.approval of a final map but this map is already approved and you have accepted an agreement to improve street, secured by bond, Councilman Barnes: We can extend the time on this as long as the bond is extended? Mr. Aiassa: That is the condition which should be made. Co C. 2-24-59 Page Nine EXTENSION OF TIME - Tract No, 20456 Motion by Councilman Brown, seconded by Councilman Barnes and carried that the request to extend agreement time to install street improvements in Tract No. 20456 be approved to A:jgust 5, 1959; subject to the bond being extended for the same length of time (to August 5, 1959) ACCEPT STREET IMPROVEMENTS Zone Variance No. 203 M. Hanich Realty APPROVED LOCATION-: Willow Avenue and South Garvey Avenue. Accept street improvements and authorize release of Fidelity and Casualty Company Bond No,. 1146741 in the amount of $2., 250.010. Motion by Councilman Barnes, seconded by Councilman Heath and carried that' street improvements in Zone Variance No. 203 be accepted, and authorization be given for the release of Fidelity and Casualty Company Bond No. 1146741 in the amount of $2,250.00. RESOLUTION NO. 1519 The City Clerk presented: Accepting deed to drainage ",A RESOLUTION OF THE CITY COUNCIL OF THE easement - Tract No, 20993 CITY OF WEST COVINA ACCEPTING A CERTAIN (Home Savings & Loan Assn.) WRITTEN.INSTRUMENT AND DIRECTING THE ADDOPTED RECORDATION THEREOF". Mayor Mottinger: LOCATION: Southwest corner of Merced and Azusa Avenues. Hearing ,no, objections, we will waive further reading of the body of the Resolution, i Motion by Councilman Heath, 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. 1519. _ RESOLUTION NOo 1520 The City Clerk presented: Accepting deed to Sanitary "A RESOLUTION OF THE CITY COUNCIL OF THE Sewer Easement CITY OF -WEST COVINA ACCEPTING A CERTAIN Precise Plan No. 34, Part 3 WRITTEN.INSTRUMENT AND DIRECTING THE (Charles Zug) RECORDATION THEREOF", ADOPTED LOCATION: Northwest corner of Workman and Azusa Avenues. Mayor Mottinger: Hearing no objections, we will waive fur- ther reading of the body of the Resolution. • LJ • C. C. 2-24-59 Page Ten RESOLUTION NO. 1520 - continued Motion by Councilman Pittenger, seconded by Councilman Brown that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Browny Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1520. RESOLUTION NO. LOCATION; Southwest corner of Badillo ACCEPTING GRANT DEED Street and Orange Avenue (Charles A. PRECISE PLAN NO. 147 Hathcock) HELD OVER Accept ;deed to widening of Badillo Street for street and highway purposes. Mr. Aiassa: This is partly in the City and partly in the County, across from the shopping area. There will have to be a change in the grading somewhat. Councilman Brown: If we accept the deed without the improve- ments how do we get the improvements? Mr. Aiassa: This is supposed to be improved as I understand it. Mr. Dosh: We would take bond for improvements on the site and this would have to be done before getting building permits. Councilman Brown: We have,never accepted a deed prior to this unless street improvements were in. Mr. Dosh: They are in but buried under blacktop. The County paved the entire street and paved that berm. We will leave the berm and build false curbs and gutters on Ba-dillo, and the developer would put up a bond for curbs, gutters..and sidewalks to be constructed later. Councilman Barnes: Would this have a tendency to flow the w.a.ter down Orange Avenue or increase the flow of water down Orange? Mr. Dosh: The gr.a,ding plan is to construct it so the water flow would conform to the original drainage path that it did before. It would put the water back to where it was supposed to be. Mayor Mottinger: Is it necessary to accept this prior to getting a bond? a 0 C. Co 2-24-59 RE®OLUTION NO, Mr. Dosh. Mayor Mottinger. Mr, Aiassa. Page Eleven PRECISE PLAN NO, 147 - continued put in there it might have to drain going in there. All documents have been executed and that is.why we thought we would bring this before you. Perhaps we could approve it subject to the receipt of the bond. There is the question in relation to the recommendations of the Planning Commission. If there is a storm drain be; ;,.su.bject to the design of the storm Mr, Gerschler. The recommendations of the Planning Commission on this plan would apply only to private property and not to public streets. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the Resolution accepting a Grant.Deed,,on Precise Plan no, 147 be held over until such time that there...is a bond guaranteeing development or the improvements are in. RESOLUTION NO. 1521 The City Clerk presented-, Accept grant deed ",A RESOLUTION OF THE CITY COUNCIL OF Metes & Bounds Subdivision THE CITY OF WEST COVINA ACCEPTING A No, 155-122 (Alfred F. Reif) CERTAIN WRITTEN INSTRUMENT AND DIRECTING ADOPTED THE RECORDATION THEREOF LOCATION-, West side of Irwindale, south q;f Rowland Avenue. Widening of Irwindale Avenue for street and highway purposes. Mayor Mottinger-, Hearing.no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Heath, 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, 1521 • 0 C o C e 2-24-59 RESOLUTION NO. 1522 Accept Grant Deed. Precise,Plan No. 67 (Grahoda Development Co,) ADOPTED Page Twelve The City- Clerk presented: "-A.RESOLUTION OF THE CITY COUNCIL OF THE .CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECO-RRATION THEREOF" LOCATION: South side of Workman Avenue, between Barranca Street and Citrus Avenue. Widening of Citrus Street, parran.ca Street and Workman Avenue for street and highway purposes, 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, 1522. RESOLUTION NO. 1523 The City; Clerk presented: Accept deed to easement ".A.RESOLUTION OF THE CITY COUNCIL OF THE Zone Variance No. 162 CITY OF WEST COVINA ACCEPTING A CERTAIN (West Covina School District WRITTEN INSTRUMENT AND DIRECTING THE Eldorado School) RECORDATION THEREOF". ADOPTED LOCATION: West side of Azusa Avenue, south of Walnut Creek Wash. Deed for easement for storm drain, 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, 1523. 0 C. C. 2-24-59 Page Thirteen 0 RESOLUTION NO. Accept grant deed Zone Variance No; 172 (West Covina School District Orangewood School) HELD OVER LOCATION: Durness Street, west of Orange Avenue. Accept grant deed to south half of Durness Stre,,t for street and highway purposes Motion by_Councilman Brown, seconded by Councilman Pittenger and carried that the Resolution in relation to acceptance of grant deed for Zone Variance No. 172 be held over. RESOLUTION NO. 1524 The City. Clerk presented: Weed Abatement ",A.RESOLUTION OF THE CITY COUNCIL OF Declaring intention of THE CITY OF WEST COVINA DECLARING CERTAIN Council to order the NOXIOUS AND DANGEROUS WEEDS GROWING UPON abatement CERTAIN STREETS, SIDEWALKS AND PRIVATE ADOPTED PROPERTIES IN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE.AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13, ARTICLE 3 OF THE GOVERNMENT CODE." Mayor Mottinger: Hearing -no objections, we will waive fur- ther reading of the body of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Brown that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes-. None Absent: None Said Resolution was given No. 1524 Mr. Aiassa: I.would like authorization from Council to authorize the City Engineer to advertise for bids for this weed abatement work. We could receive the bids on March 16th and award the bid on March 23rd. We can delay the starting.of this work but I think we should get the paper work completed. Motion by Councilman Heath, seconded by Councilman Barnes and carried that the City Manager be authorized to direct the City Engineer to advertise for bids for weed abatement work to be done in the City of West Covina. Co Co 2-24-59 Page Fourteen CITY CLERK'S REPORTS PLANNING COMMISSION ZONE VARIANCE NO. 262 LOCATION: Northeasterly corner of Lawyer Development Company Fairgrove and,,,Sunset Avenues. APPEAL INITIATED BY COUNCIL AND MATTER SET FOR HEARING REQUEST: Reduction of basic lot require - ON MARCH 23, 1959 ments as proposed in Tentative Map of Tract No, 16457, in Area Distract II, Zone R-A. Approved by the Planning Commission on February 18, 1959. Motion by Councilman Brown, seconrded by Councilman Pittenger and carried that -the City Council initiates an appeal from the decision of the Planning.Commiss-lon regarding Zone Variance No. 262, and hereby .sets this mntti6'r for publ-Tac hearing on March 23, 1959. TENTATIVE MAP OF TRACT NO, 16457 Lawyer Development Coa,et al i HELD OVER DUE TO ACTION OF COUNCIL INITIATING APPEAL ON ZONE VARIANCE NO. 262. LOCATION. Northeasterly corner of Fairgrove and Sunset Avenues,. 33 Acres - 147 Lots - Area District II Motion by Councilman Pittenger, :seconded by Councilman Brown and carried that Tentative Map of Tract No, 16457 be held over. METES & BOUNDS SUBDIVISION LOCATION: North side of Garvey Avenue, NO. 135-152 between Toland and Lark Ellen Avenues. Thomas R. Overall and Abraham Cooperstein .85 Acres - 2 Lots - Area District I APPROVED Motion by Councilman Brown, seconded by Councilman Pittenger and carried that'Metes and Bounds Subdivision. No, 135-152 be approved, subject*to the recommendations of the Planning Department and City Engineers PRECISE PLAN OF DESIGN LOCATION: North side of Garvey Avenue NO. 1.58 - Abraham Cooperstein between Toland and Lark Ellen Avenues, and Thomas R. Overall NO ACTION BY COUNCIL REQUEST: Adoption of Precise Plan of NECESSARY DUE TO APPROVAL Design ..in 'Zone R-3, OF ITEM ABOVE Conditionally approved by the Planning Commission on February 18, 1959, 0 Ca C. 2-24-59 Page Fifteen Mayor Mottinger called a recess. Council reconvened at 9:05 Po M. RECREATION AND PARK RESOLUTION NO. 1525 The City Attorney presented: Amending Resolution No. 1277 "A RESOLUTION OF THE CITY COUNCIL OF relating to positions of THE CITY OF WEST COVINA AMENDING RESOLU- Police Lieutenant and Super- TION NO. 1277 RELATING TO POSITIONS OF visor of Recreation POLICE LIEUTENANT AND SUPERVISOR OF ADOPTED RECREATION° 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. 152,50 CLAIM FILED BY MR, RALPH MURPHY ON BEHALF OF HIS SON, RALPH MURPHY, JR., FOR DAMAGES SUSTAINED ON COVINA ELEMENTARY SCHOOL DISTRICT PROPERTY CLAIM REJECTED incurred on behalf of his son, Mro Williams: We have a claim by Ralph Murphy on behalf of his son, Ralph Murphy,_ Jr,, three years of age, in the amount ,,of $75, 000. 00. This is for damages,sustained due to the child fall- ing off.a slide on Covina Elementary School District property which was then under the supervision of the Recreation Department of the City and also on his (;Mr. Murphy°s) behalf for medical expenses I presume this should be rejected, Mr, Flotten: We contacted the insurance company and they indicated the City should reject the claim in that the youngster was of pre- school age and not permitted in park recreation programs and that.all parents were so warned that the youngster was not allowed to come in and join a park program under the recreation leader. The youngster came in and used the slide under no supervision except an older sister. Motion by Councilman Brown, seconded by Councilman Heath and carried that the claim of Mr. Ralph Murphy, on behalf of his son, Ralph Murphy, Jr., and also in his own behalf, shall be rejected and proper notice shall be given to the claimant of the rejection. C. Co 2-24-59 GENERAL MATTERS ORAL COMMUNICATIONS Page Sixteen Mr, Jo Bloom I feel that we have a waste of taxpayers 229 S. Myrtlewood money at the northwest corner of Walnut Creek Parkway and Azusa Avenue. There is a -crosswalk going across there and the children coming from Eldorado School come up to the curb and can't cross in the walk because there are Ryracantha bushes all along there as a -hedge. The hedge is 6-feet high.so I can't see putting in a crosswalk and painting it and only have it go into a hedge. There is also the matter of traffic not being able to see children coming out from an alley to go to school as they can't walk down Azusa due to fences and shrubs along Azusa. I believe I brought this matter.up in September, and I took photographs this past week, and the matter still exists just as bad as it ever was. If there is an ordinance in relation to such things I think the City should try to enforce it, particularly in areas where children must pass to go to and from school. Mr. Aiassa indicated he would investigate this and the Mayor requested a report at the next meeting, • Mr. Bloom also questioned as to whether there would be any possibility of putting electrical wires underground since the City -is becoming so full of utility poles and overhead wires. The Mayor indicated this could be done, and had even been considered in the past, but the cost made it practically prohibitive and the brunt of that cost would fall on the City and its taxpayers rather than on the utility companies themselves. WRITTEN COMMUNICATIONS REQUEST OF JACK DUBROVE FOR Motion by Councilman Barnes, seconded AN INDEFINITE EXTENSION OF by Councilman Brown and carried that TIME IN RELATION TO ACTION the request of Mr. Dubrove be approved, ON ZONE CHANGE 128 TO ENABLE FURTHER STUDY ON REALIGNMENT OF STREET PROPOSED ANNEXATIONS BY THE North of Arrow Highway, Parallels the CITY OF AZUSA NO. 32 AND 34 west side of Citrus Avenue and parallels NO OBJECTIONS the east side of Lark Ellen Avenue. • Co Ca 2-24-59 CITY ATTORNEY RESOLUTIONS RESOLUTION NO. 1526 Crossing of San Bernardino Freeway by Grand Avenue ADOPTED Mayor Mottinger: Page Seventeen The City Attorney presented and read: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE CALIFORNIA HIGHWAY COMMISSION TO CONSENT TO'THE CROSSING OF SAN BERNARDINO FREEWAY BY GRAND AVENUE Hearing.no objections, we will waive fur- ther 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, 1526, RESOLUTION NO, 1527 .The City Attorney presented: Approving Precise Plan of "A RESOLUTION OF THE CITY COUNCIL OF THE Design No. 148 CITY OF WEST COVINA APPROVING PRECISE ADOPTED PLAN OF DESIGN NO. 148 UPON PROPERTY LOCATED. AT THE SOUTHEAST CORNER OF WALNUT CREEK PARKWAY AND CALIFORNIA AVENUE" (Bowker) Mayor Mottinger: Hearing no objections, we will waive fur- ther 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. 1527. RESOLUTION NO, 1528 The City Attorney presented and read: Compensation of the "A RESOLUTION OF THE CITY COUNCIL OF THE City Manager CITY OF WEST COVINA RELATING TO THE COM- ADOPTED PENSATION OF THE CITY MANAGER", . Mayor Mottinger: Hearing no objections, we will waive fur- ther reading of the body of the Resolution, MC. C. 2-24-59 Page,Eighteen RESOLUTION NO. 1528 - continued Motion by Councilman Brown, seconded by Councilman Pittenger, that said Resolution be adopted. �.Motiop passed on roll call as follows: Ayes: Councilmen Heath, brown, Jl�ittenger, Barnes, Mayor Mottinger Noes. Non6 Absent: None Mr. Williams. I received a telephone call from Attorney Thomas Webster, whom I have met before, and he stated that he represents the Home Savings and Loan Association. He indicated that they will ask the Attorney General for leave to file quo warranto against Annexation No, 158 unless some means could be found of otherwise holding it in abeyance so as not to lose the rights to file, pending discussion with West Covina, Whether they will remain in West Covina and bring in the rest of the ranch is a conjecture but time runs against them on this matter. He possibly will file such a request and his indication is that it will be on the basis of asking for interim leave to sue. He will file the docu- ment to keep the statute from running out without compelling the City to answer it and then the matter will be discussed with the City to see • if a compromise solution is found. If a solution is not found it will afford you the opportunity to answer the Attorney General and the Attorney General reserves the right to recall the suit. I pointed out to Mr. Webster that at the time I first methim I had met him in the Capacity of the -attorney for Henry Wheeler and did he know he (Mr. Wheeler) had an interest in this and had petitioned to have Annexation No. 158 adopted. Evidently Mr. Webster did not know this and so where it might go from here I do not know. Mayor Mottinger: It was the intent of the City Council to discuss this matter with them at such a time that could be arranged. We had thought about this subject.but realized the property was in escrow and that it was probably not the proper time. Councilman Barnes: The changing hands on this particular piece of property would have nothing to do. with the filing? Mr. Williams: No, Councilman Heath: Because of the fact that they bought this property after the annexation had been recorded, I would like to know, technically, where they stand? Mr, Williams: Webster claims th ey ey did not know it was in West Covina when they bought it and they would stand in the same shoes as the person they bought it from, C. Co 2-24-59 Page Nineteen RESOLUTION NO. 1528 - continued Mayor Mottingero I believe we desire to handle the thing a.s.,amicably as possible. Perhaps we shop d have your advice on how to act on the matter, Mr, 'Williams.- You already have accumulated a great deal of information on this case. The plan would be exclusively for the development for homes and it is the only type of zoning building and loan companies would build and retain. There might be some dealings in commercial but this they would not retain; Savings and Loan companies cannot invest in commercial but they can keep their investment in homes and they are primarily interested in that. This affords West Covina the best possible opportunity because their choices practically are Walnut, which would only give.them the opportunity to pay taxes and building without any advantages. Industry is.of little interest to them unless they have marginal property along the railroad track, and the other possibility would be La Puente. So it would likely be between La Puente and West Covina, If they intend to build anything which would seem to be the type of development suitable for .the hills it would, I think, be more compatible with the development in West Covina by far than with develop- ment in La Puente, I told Webster this, The other possibility is to remain unincorporated but I believe even Mr. Chapman decided that was .going to be impossible° I think there is an excellent opportunity here. Councilman Heath: Maybe we should ask the City Attorney to arrange a meeting with the representa- tives of Council and Mr. Webster to talk this over and find out what they might have in mind, Mr, Williams: I think it would be better for the Mayor or the City Manager to make these arrange- ments rather than the City Attorney as there would be far less implication that you are about to do battlewith them, Mayor Mottingero Would there be any way to stave off the filing of the suit? Mr. Williams: This is a matter they have to act pomptly on but if in the process of acting they only file to prevent the statutes going against them, it would not interrupt any talks at all. They have to file immediately because they need the permission from the Attorney General before they can file and his rules give 15 days on our part to answer. They would have to save time actually. • Ca C,2-24-59 Page Twenty RESOLUTION NO, 1528 - continued Councilman Heath-. Perhaps the Mayor could contact the pr-incipals of the Home Savings and Loan and arrange for a meeting as a represen- tative of .Council with Mr. Webster sitting in, Mayor Mottinger-. Would it be in order for us, by a motion, to„indicate we want to get together with .them and to hold the matter in abeyance? Mr. Williams-. There is no way that you can, at least I do not think there is. If Mr. Webster could show you a way you could do it with Council's consent, but I do not know of -a way unless he does. I think they will file to hold in status quo, Mayor Mottinger-. I'f it is the desire of the Council'I will be glad to attempt to contact the neces- sary parties on this matter. Mr. Williams-. You should do this through Mr, Webster. It was consensus this be done. CITY MANAGER REPORTS VACATION OF A PORTION OF BARRANCA STREET AT THE NORTH FRONTAGE ROAD REFERRED TO THE PLANNING COMMISSION Barranca Street -extension, his home residence there. Mr, Aiassa-. This property now being sold is in the Eastland shopping area vicinity and is known as the Place property. The party hasn't made application as yet but doesn't want to do any designing unless there is some possibility of abandoning the short street known as Mr. Place kept this road because he maintains There is consideration here of an 8-story business office building with underground garage parking facilities in this area where the present street is now located. I would like to recommend to the Council this matter be referred to the City Planning Commission in relation to a report on street abandonment, drainage, sewerage facilities and title search on the legal aspect of the street R,/W itself, I would also like to have a municipal agreement between the City Council and City Planning Commission because this is vacating an existing public street and it is up to the City Council to initiate hearings. Councilman Heath indicated some monetary value the City may be able to obtain from this strip of land but the City Attorney indicated he could see no possibility of getting any monetary value from it. • C. C. 2-24-59 CITY MANAGER REPORTS'- continued Page Twenty -One Councilman Pittenger indicated that although this may have some monetary value it shouldn't be held -up for any such use as might be proposed here, Mr. Aiassa indicated there might be an exchange here in relation to drainage and sewerage.easemente Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the Planning Commission be directed to hold studies on the vacation of the Barranca Street cutoff to the service road with drainage, sewerage, deed egress to the Service Station and title search to be Included, AGREEMENT WITH Motion by Councilman Brown, seconded by HAROLD L. JOHNSON Councilman Barnes that the Mayor and AUTHORIZATION TO SIGN City Clerk be authorized to sign the contract agreement with Harold La Johnson, Motion passed on roll call as follows: Ayes: Councilmen Heathy Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None CITY EMPLOYEES RETIREMENT Communication from Personnel Board that PROGRAM the following insurance company, Occidental ON AGENDA FOR STUDY Life Insurance Company, be retained as the SESSION OF MARCH 2 carrier for the discussed retirement plan. I would have Mr. Williams review this before any negotiations are made in writing. It was consensus this-matter,.be further discussed at the study session of March 2< LIGHTING PROBLEM To be placed on the Agenda of study ON CORTEZ STREET session on March 2nd for further discussion, RESOLUTION NO, 1529 The City Manager and City Clerk presented: Accept Grant Deed "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF", (Jobe) Mayor Mottinger: Hearing no objections, we will waive fur- ther reading of the body of the Resolution. Motion by Councilman Heath, seconded by Councilman Brown that said Reso- lution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Co C. 2-24-59 • Mr. W. Fenton, in relation to directly with questioned as Insurance was Page Twenty -Two associate of Great West Life Insurance Company, questioned the California Insurance Code in reference to working the actuarial firm and Mr. G. Lindsay of the same firm to whether it could be known by what determinings Occidental chosen. Mayor Mottinger stated that no action had been taken and that any such matters relating to California Insurance Code should possibly be presented to the City Manager and that the City had hired a firm of consultants to review this plan and the recommendation had been presented in written form to the Personnel Board and a copy of the communication relating.to the recommendations are on file in the City offices for anyone who should desire to see them. CHARGE FOR COPIES OF REPORTS ON RECENT SURVEY IN THE CITY OF WEST COVINA APPROVED $10.00 on each type book, and made available and kept at the • Motion by Councilman Barnes, seconded by Councilman Brown and carried that the report books on "'Taxable Property Inven- tory Survey", "Economic Study of West Covina" and "Report on Zoning" by Mr. Bennett shall have a purchase fee of a copy of each of these books shall be City Hall for public use. HIRING OF ROBERT LAWSON, Motion by Councilman Heath, seconded by ENGINEER I Councilman Pittenger and carried that APPROVED Robert Lawson be hired by the City of West Covina under Engineer I, Step B, at the salary of $504.00 per month. CITY MANAGER'S REPORT ON CONFERENCE AT SAN MATEO AREA "D" MAYORS MEETINGS AUTHORIZATION TO VOTE GIVEN TO COUNCILMAN HEATH AT MEETINGS HE ATTENDS LAKEWOOD'S BIRTHDAY ANNIVERSARY CELEBRATION Ll Mayor Mottinger stated that he felt it would be in order for Mr. Aiassa to submit a report to Council relating to matters discussed at this conference. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that Councilman Heath be authorized to vote for the City of West Covina at the Area I'D" MayoB Meetings at =the meetings he attends in the absence of the Mayor. Invitation to attend. To be held Sunday, March 8, 1959, 2:00 to 5:00 P. M. C. C. 2-24-59 TREASURER'S REPORT CITY CLERK PROPOSED ANNEXATION NO. 164 COUNCIL APPROVAL TO PROCEED COUNCIL COMMITTEE REPORTS Page Twenty -Three Motion by Councilman Pittenger, seconded by Councilman Brown and carried that the Treasurer.'s report for December, 1958 be accepted and filed for the record. Richard H. Hart Motion by Councilman Heath, seconded by Councilman Barnes and carried that Proposed Annexation No. 164 be submitted to the County Boundary Commission, Councilman Heath: I received a letter in the mail concern- ing the use of plastic receptacles being banned on our new electrical code. Would the City look into this? • Mr. Aiassa: This matter has been turned over to the Building Department for analysis and there will be a report to Council. Councilman Brown: The Treasurer's Report has several funds marked "inactive"'. How come these haven't been placed out for government 90 day bonds? Mr. Aiassa: I believe some of them are in time deposits. Councilman Brown: The matter of a high hedge on Azusa was mentioned tonight. If you ride around the City there are a lot of hedges that are 6 and 7 feet high at the parkways, Our Ordinance says no fences over 42-inches high. Some of these are from street Dine to house setback. Mr. Dosh: That's true. Many people object to this type of thing and we have, on occasion, gone in and moved these traffic obstruc- tions. Mr. Aiassa: We could do this if I have the assurance when we take action on the trimming and 1% removal of these hedges that we will have the full support of all five Councilmen behind us. 0 0 C. C, 2-24-59 Page Twenty -Four HEDGES - continued Councilman Brown-, I think hedges should be back at least 15-feet from curb so as to see what is coming down the street before cars go out of a driveway. This not only golds at intersections but households have the same situation. Mr. Aiassao We will have the Public Service Department review the hedge and fence problems and have the Police Department do reviewing of this item on intersections. Councilman Brown: We were going to work out an ordinance to ban the placing of trash cans in the gutters. It was to be that they had to be placed inside of curb line. Mr. Aiassao Mr. Gerschler is getting copies of model ordinances on that particular problem, Councilman Brown-, I have two committee meetings on the fourth Thursday of the month. I don't think Ican attend both, Councilman Brown indicated work being done by City forces in relation to buildings in the City Yard. Mr. Aiassa indicated this was just the matter of dropping the buildings on piers, there was no floor concrete work being done, and that Mr. Dosh was working on the matter of speci- fications to have this work contracted outside. Mayor Mottinger stated-this.was a matter that had been discussed at study session. Councilman Brown; In relation to the Police Station being built, there were some items left out. Also, we have had policemen working down there as carpenters an.d,that is something that shouldn't be done under any circumstances. If it requires money to do this work it should be brought back to Council and let them approve or disapprove. Mr. Aiassao A directive was given to stop this from being done and that no work was to be done except what had been contracted for, Councilman Brown: I believe the booking desk and dark room were left out. I understand this would run from about $600.00 to $1,000,00. C. Ca.2-24-59 Page Twenty -Five POLICE BUILDING - continued.... Mr, Aiassa.' I believe.there was some pricing on that and it was thought to let it go prior to the main contractural work being done so we would know.how our finances were going to come out. We also wanted to consider a jail and to reserve sufficient money to provide some minimum cell facilities at the new site. Councilman Heath: I think a jail needs discussion. There are many angles on that., Mr, Aiassa: This would just be for over night retention. Councilman Heath: Even retention. Mayor Mottinger: You will have a report, Mr. Aiassa, on the two items indicated, Mr, Aiassa: I will do that, Councilman Heath: It is assured, Mr. Aiassa, that police cars will be marked in the very near future? • Mr—Aiassa: Yes. Councilman Barnes: I have presented a written report to Council on the meeting cif the --Upper San Gabriel Valley Water Association on February lltho Mr. Skelton is in the audience and perhaps he might like to say a few words on this matter. Mr. Skelton- At the meeting of February 5th I was requested to furnish additional infor- mation and I was sorry I could not get it before this, but I have prepared that now and submitted it in letter form to you tonight. I wasn't expecting any action on it tonight unless Council desires to do so. However,.I feel it is of importance to the entire valley and hope it will receive the early attention of Council. I appreciate the chant-e-given me to tell what I could about this thing and if I can bring you.any further information I would be glad to do so. Councilman Barnes: If there are any questions at the study session after reading the report I will be glad to answer them. f Co C. 2-24-159 Page Twenty -Six Councilman Barnes; Do purchase of uniforms and cleaning of uniforms have to be done at a specific place or is the choice optional? Mr, Aiassao By group consent, I believe there are specific places to purchase and have uniforms cleaned. However, I will look into the matter for you, DEMANDS APPROVED Motion by Councilman Heath, seconded by Councilman Brown that Demands in the amount of.$76,943e91, as shown on Demand Sheets C-130 and C-131 be approved. This to include fund transfers in the amount of $40,499.75. Motion passed on roll call as follows- Ayes.- Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None • Mayor Mottinger suggested that Councilman Brown should be relieved of serving on the East San Gabriel Valley Committee, since he has two meetings on that same night. However, there was the problem of finding a Councilman that could serve on this Committee, at the moment, so this matter was held over for further consideration to enable choosing an official representative. There being no further business, motion by Councilman Pittenger, seconded by Councilman Barnes, at 10:30 Po M. that the meeting be adjourned. APPROVED BY CITY COUNCIL Date -3- / 'S / As' submitted With the following corrections.-