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.-