03-09-1959 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
March 9, 1959
The meeting was called to order by Mayor Mottinger at 7:35 P. M. in
the West Covina City Hall. The Pledge of Allegiance was led by
Councilman'Pittenger with the invocation given by Rev. Lauren Egdahl
of the Calvary Lutheran Church.
RnT.T. r AT.T.
Present: Mayor Mottinger, Councilmen Heath, Brown,
Pittenger, Barnes
Others Presents Mr. George Aiassa, City Manager
Mr. Robert Flotten City Clerk
Mr. Harry C. Williams, City Attorney
Mr. Tom Dosh, Assistant Public Services Director
Mr. Malcolm C. Gerschler, Planning Coordinator
APPROVAL OF MINUTES
February 24, 1959 - Approved as submitted.
CITY CLERK'S REPORT
ACCEPT STREET IMPROVEMENTS LOCATION: South side of Vine Avenue,
Tract No. 24051 west of Hollenbeck Street
C.N.W. Construction Co.
APPROVED
Motion by Councilman Brown, seconded by Councilman Pittenger and
carried that Street Improvements in Tract No. 24051 be accepted and
authorization be given for the release of General Insurance Company of
America Bond No. 346387 in the amount of $30,000.00.
REQUEST OF LOS ANGELES COUNTY To approve Bond Issue Report entitled
FLOOD CONTROL DISTRICT "Control of Surface Storm'Water by
REFER TO RESOLUTION NO. Storm Drains and Drainage Channels
1530 FOR PROPER ACTION dated July 22, 195811, pursuant to
Section No. 65551, California Government
Code.
RESOLUTION NO. 1530 The City Attorney presented and read:
Approving location, purpose "A RESOLUTION OF THE CITY COUNCIL OF
and extent of proposed THE CITY OF WEST-COVINA APPROVING THE
storm drains LOCATION, PURPOSE AND EXTENT OF
ADOPTED CERTAIN PROPOSED STORM DRAINS".
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C. C. 3-9-59
RESOLUTION NO. 1530 - continued
Page Two
Motion by Councilman Brown, seconded by Councilman Barnes that said
Resolution be adopted. Motion passed on roll callus follows:
Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger
Noes: None
Absent: None
Said Resolution was given No. 1530
RESOLUTION NO. 1531 The City Clerk presented:
Accepting grant deed "A RESOLUTION OF THE CITY COUNCIL OF
Precise Plan No. 147 THE CITY OF WEST COVINA ACCEPTING A
(Charles A. Hathcock) CERTAIN WRITTEN INSTRUMENT AND DIRECT -
ADOPTED ING THE RECORDATION THEREOF."
LOCATION: Southwest corner of Badillo Street and Orange Avenue.
Widening of Badillo Street for street And highway purposes.
Mayor Mottinger: Hearing no objections, we will waive
further reading of the body of the
Resolution.
Motion by Councilman Pittenger, seconded by Councilman Heath that said
Resolution be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger
Noes: None
Absent: None
Said Resolution was given No. 1531.
PROJECT NO. C-54
Street Improvements
CITY ENGINEER AUTHORIZED
TO PREPARE PLANS AND
SPECIFICATIONS
(Refer to Resolution
No. 1532)
LOCATION: South side of Merced Avenue,
between Lark Ellen Avenue and Primeaux
Avenue.
Report of the City Engineer. Project
conditionally approved by Council on
March 25, 1957.
Authorize the City Engineer to prepare
plans and proceed with the project.
It was indicated that the fourteen property owners on the south side
had paid their proportionate share of the cost with the exception of
one home owner. However, this party had been contacted and he had indi-
cated his desire to participate in the share of -the cost.
Mr. Aiassa stated that it would take approximately 4 to 5 weeks to
process this matter through the County and since the property owner
had been contacted and indicated his desire to participate, it was
Mr. Aiassa's opinion that the matter could be resolved before final
action by the County.
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C. C. 3-9-59
PROJECT NO. C-54 - continued
Page Three
Property owners' share of cost amounts to approximately $2,066.00 'paid
for at the rate of $2.00 per lineal front foot to cover 1050 of curbs
and 2' gutter. The City to pay for paving 18' from the curb to the
existing paving (approximately $4,600.00 est.) with application to be
made to Board of Supervisors for County aid to Cities funds, Merced
being a secondary street. Project was held over until the sewers had
been installed.
It appeared to be the consensus of Council that the culmination of the
work on this project would hinge on the approval and participation of
the County.
Motion by Councilman Brown, seconded by Councilman Heath and carried
that the City Engineer be authorized to prepare plans and specifications
for street improvements in Project C-54.
RESOLUTION NO. 1532
The City Clerk presented:
Project No. C-54
"A RESOLUTION OF THE CITY COUNCIL OF
REQUEST FOR COUNTY AID FUNDS
THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTED
REQUESTING THE BOARD OF SUPERVISORS OF
LOS ANGELES COUNTY, CALIFORNIA, TO PER-
MIT THE USE OF CERTAIN GASOLINE TAX
MONEY ALLOCATED AS COUNTY AID, TOWARDS
THE IMPROVEMENT OF MERCED AVENUE BETWEEN
LARK ELLEN AVENUE AND PRIMEAUX AVENUE
BY THE CONSTRUCTION OF ASPHALTIC PAVEMENT
ON AGGREGATE BASE AND APPURTENANT WORK".
Mayor Mottinger:
Hearing no objections, we will waive
further reading of the body of the
Resolution.
Motion by Councilman Pittenger, seconded by Councilman Barnes that
said Resolution be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger
Noes: None
Absent: None
Said Resolution was given No. 1532
CHANGE IN PLANS AND LOCATION: 819 S. Sunset Avenue
SPECIFICATIONS IN PROJECT
NO. C-85 Authorize change in plans and specifi-
(Fire Facilities Building) cations in the amount of $485.00.
APPROVED
Motion by Councilman Brown, seconded by Councilman Barnes that the
change in Plans and Specifications of Project No. C-85, in the amount
of $485.00, be approved and that the Mayor and City Clerk be authori-
ized to sign the necessary documents in relation to this change.
C. C. 3-9-59 Page Four
PROJECT NO. C-85 - continued
Motion passed on roll call as follows:
Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger
Noes: None
Absent: None
CITY CLERK'S REPORTS
PLANNING COMMISSION
ZONE CHANGE NO. 138
PRECISE PLAN OF DESIGN NO.162
(Maurice Kandel)
SET FOR HEARING ON MARCH
23, 1959
LOCATION: Easterly side of Sunset
Avenue, between Mariana.Street and
Crumley Street.
REQUEST: Reclassification from Zone
R-A to Zone R-3 and R-1 and adoption
of Precise Plan of Design.
Mr. Flotten indicated that on the date of March 23rd there is also
set for hearing the matter of Southern California Edison Company
unclassified use permit; Council initiated appeal of Zone Variance
No. 262, Lawyer Development Company; and an appeal of the decision
of denial by the Planning Commission from J. Edmund Mayer in relation
to Zone Variance No. 266.
Councilman Heath: The application of Mr. Mayer was given
a, -decision on a point of technicality
and I am wondering if this should come
before us? The Planning Commission felt this might be better clarified
under a zone change.
Mr. Gerschler: The matter of a zone change was the
expressed opinion of one or two of the
Commissioners who felt this might be
more applicable under a zone change than under .a zone variance.
Mr. Williams: If there is an appeal filed here I see
no purpose in going into any of this
matter now. Council has to hear this
anyway.
Mayor Mottinger: The applicant has filed an appeal and
there is nothing to do but go ahead
on that basis.
Councilman Heath: I felt that perhaps he would like to
apply for a zone change rather than a
variance if the matter was thoroughly
explained to him. There might be a chance of hurt feelings on the, part
of a citizen in that he might not understand what the Commission was
driving at. He should be appraised of the circumstances that he may
better understand and can then decade which way he may want to go.
1
C. Co 3-9-59 Page Five
ZONE CHANGE NO. 138 - continued
Mayor Mottinger, I am afraid we are discussing the -Appli-
cation here which we should riot doe 'If
the applicant is aware of this matter
that is what he should go on,
Councilman Heath: I do not feel he is aware of it but if
Council wants to go ahead and hear it,
it is all right wath me.
Mayor Mottinger: Perhaps the Planning Department could
appraise him of this matter and see if
he desires to go the other way,
Councilman Brown. I do not think there should be any such
recommendation given to the Planning
Department uhtil possibly after the
hearing of the appeal. There are several pieces of property involved
in this and there may be no reason to have a zone change for just one
store on a 10 acre tract.
RECREATION AND PARK None
GENERAL MATTERS
ORAL None
WRITTEN COMMUNICATIONS
COMMUNICATION FROM CLIFFORD
S. THYBERG REQUESTING
PERMISSION TO PROCEED WITH
CURB AND GUTTER IMPROVEMENTS
AND CITY PARTICIPATION FOR
PAVING, REMOVING OF TREES,
ETC.
The City Clerk presented and read this
communication, dated March 2, 1959,
requesting City participation in cost
of removing trees, soil, and paving
out to existing paving with Mr. Thyberg
paying for the placing of curbs and
gutters at Glendora Avenue near Wescove
Place at the cost of $2.00 per lineal
foot.
Mr. Aiassae Council approved a similar request of
Mr, Stanford. This is a real bad
corner and drainage is bad also.
Motion by Councilman Brown, seconded by Councilman Pittenger and
carried that the City Engineer be authorized to proceed with negotia-
tions with Clifford S. Thyberg in relation to curb and gutter work
on Glendora Avenue at Mr. Thyberg°s property located at 1100 Wescove
Place, and authorization be given to accept informal bids.
C, C. 3-9-59
Page Six
ZONE VARIANCt"WO.-2.55' LOCATION Southwest corner of Sunset
PRECISE PLAN NO, 154 Avenue and proposed Service Avenue,
James T. Hathcock
DENIED REQUEST: Service Station Use in Zone R-A,
Potential C"R.
Request, -,denied-- byxtlie-lylanniing- Commission under their Resolutions
No 0 .693:7 and. 694,-, "
Decision of.th-e.-Planrying.Commiss-ion appealed by letter received from
James Hathcock on -January 26, 1959.
Hearing -set for -and held before the City Council on February 9, 1959,
Hearing closed at.nd-the.-dectsion was'hdld--over 'to February '24, .1959 -pend-`
ing the result - of. a. jo,fnt %study--meet--ing "of, the- Council and the -Planffing!
Commiss-ion- and"meet-i-mg. -of-committee .
Fbbr-uary-24,'1975'9"-'decision held over, pending result of further study by
clommitt-be.
Mayor- Mot-tinger: -I,wou;,ld like to report at this time that
the-Me6ti-na was --held, -as wasscheduled,
last -week with the Planning Commission.
This:- -pr651-6ii� w4a" s dfscuss'e.&`but-,' no dectston. wa.s rendered 'at that time,
• but. `in; ,tha,tMiyditi-rrg*. th-ematter- of- theC_R zoning. in the - area under -,dis-
c.0 E. r 1`-, o' h w Z s 'discussed, further.- We. re'a'11ze-d tha--tour. present ordinance
'toy -enforce so' --the consensus in that
meeting the -suggestions
bavor- -j; c, .:palatable
o -,ma'
ma.d6 :at-:t-ba `tfme:�' iEt.nL:end' t n, e, -more
and -that-""time was-�blasedA
upon the' reoammnons -o-:f:: our _011 .-;-n -'ccfn.9uTXant-.'and- upon 'the static
tica1 rep-or-t-- giv
en bvensbn', That .matter ' 'feady to 'be
acted upon -,wi� y0t.'-as -we received-c"oplib's- only today of the preliminary
dY.'af-V'6f_'C_R zoning-cyr.dinvrme revis.ions,
Withth"is-'pre1faae I t-himk. ±t- ins -.now'-±,fi' oj�4eT.-t,6 discuss` and act upon
thismatter- of: "Zane -*'.V--i°i-i-a�nb-L-. Noe Pd-blic -:hearing "was closed' a-t
the meeiffxig, i.t'.'-Val.s., -he 411, -_dTs.cus-EFkonr is'. --W fthtn- -the Council
itse-71f�, . uri-14s's�,ttie-r.-er-a�e--,q.ues-t.:to.nst-de:s-lred,-to 'bei.`a-sked,
Cdnxiuilman� ffr-,own--: This particular piece,of-property was
first'brought to the Council approxi-
-matdly-two, two and a half to -three
years-wgo. At- that time -it was -,under- d1scuss.ioii for C-R. This particu-
lar piece of p-rcTrer*ty,.",-h-a'd,""--fir-st -readdxwg"lon 'zoning ;and the -precise plan,
which was -stopped -.'-be Tere- the- s-ec7and--r_iaWd ng ---was '-hd-ld-, 1e'; .-the zoning
and` precise plan- ha-da: f1r-st-r0a-d1rigt'bA d:-'on f'atrora-ble''ac,tion taken
a=nd tlren= based on the develop-
ment of- C`_,R Zcyntng'. I-ir'the: mea,n'time' these -owners 'have tried unsuccess-
fu-lly to develop -this under C-R :Zoning,
With the Prec1se Plan that they have 'now -.thereis no -problem of design
and constru"ctlbLrr -A-nd -alt,- jsome" date, -whether this goes C-R or not, there
will be a gas station- there.
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40
Co Co 3-9-59
ZONE VARIANCE NO. 265 - continued
Page Seven
From the comments in the study session it was indicated by the Commis-
sioners that if the rest of this area was developed they would approve
this variance, but would not do it on a first request of this type
since they felt it would set a precedent. However, I am of the opinion
that the proper design and brick structure, which this is to be, will
not set a precedent, rather it will set standards up and help the
whole area. I would like to make a motion on this matter.
Motion by Councilman Brown that Zone Variance No. 255 and Precise Plan
No. 154 be approved subject to the recommendations of the City Engineer
and the Planning Commission and that the construction of the service
station be of proper design and of brick construction with no metal
showing or no canopies over the gas pumps.
Councilman Pittenger: Is the. opening on Service Avenue inten-
ded as shown on the precise plan?
Councilman Brown:
I see no objection to one approach on
Service Avenue due to the fact it sits
close to Sunset.
Councilman Pittenger: I do not approve of this use here at
this time. I certainly believe that
sooner or later there will be a gas
station in this area, and I am not so sure that this might not be a
real good place for it, but in view of discussions before, and even if
what Councilman Brown says is true, still if there were other develop-
ment there I would not object at this time but as a first development
I would be opposed to a service station going into the area.
I think it would set a standard for future development and bring
requests for development similar to it in that whole area. I feel
that when that courthouse is -completed there will be a demand for
office space that is conveniently located to the courthouse and will
make this property suitable for better use than a service station, or
at least a higher type use. I do not think we should take the action
in relation to the motion and we have had no second, 11
Councilman Brown: What has been expressed may be true but
we have to expand development of this
property as there are two or three
pieces that are landlocked.
Councilman Pittenger: I think that is true of almost any
property but this, in itself, is not
going to relax that situation.
Councilman Brown: It will start development of the area.
Councilman Pittenger: It may.
Ca C. 3-9-59 Page Eight
ZONE VARIANCE NO, 255 - continued
Councilman Heath: There was a good deal of discussion
regarding the advice of the consultant
that was brought in on the special .
meeting, He knows this piece of property and studied it since this
C-R zoning came into effect and it is.against his opinion that this
property develop at this time and we would evidently be premature.
So far as the development of the area is concerned, I believe there
are two plans going ahead at this time and development may not be too
far off.
I do not think this is the appropriate time to go ahead with develop-
ment along this line for the reasons as indicated by the Commission
and the consultant.
Councilman Brown: The property owners almost had their.
zoning and we changed our rules of play
for them after they had gone through
hearing.
Councilman Pittenger: This was not for a service station,
Councilman Brown: There was service station and market
in 1956.
Mayor Mottinger: There was -a precise plan for a service
station?
Councilman Brown: There was only a rendering of what
might go in there, no precise plan.
That was also prior to putting gas;
stations out of C-lo
Councilman Barnes: I do not feel this is the time for a
service station to go in here, although
it might develop. If a service station
goes in here there will possibly be another request for a service
station on the other end of Service and I do not feel we would have a
right not to grant any other.such type requests if we grant a service
station here.
I was not on Council at the time.Councilmen Pittenger and Brown were
speaking of, but I feel this property will develop, and develop into
better uses, if we do not -start out with a service station to begin
with.
I think our new ordinance will say what can go in here and will be
more lenient with the people who are trying to develop it and it will
develop in an orderly manner and with good planning.for the City,
Mayor Mottinger: I think we were all strongly impressed
by the comments of the consultant, par-
ticularly with regard to the financial
69
Co C. 3-9-59
ZONE VARIANCE NO. 255 - continued
Mayor Mottinger - continued:
Page Nine
implications of having too much commercial zoning in our City.
It is a.difficult thing for Council to, in effect, restrict the use
of property but at the same time it is incumbent upon Council to
consider the over-all interests of the community and its development.
If C-R zoning is to be a reality, to be able to develop something, the
City would have to do some selling and to the point where the Chamber
of Commerce enters into the picture, and to develop the City as a.;,hub
of the Valley and a financial center we have to put the line somewhere
and see that we get the right kind of development.
Councilman Brown: This may be true but in Hancock Park
there are three service stations, one
on each corner, on Wilshire Boulevard,
Councilman Pittenger: I will never see any valid argument in
relation to Hancock Park and .West Covina.
The ownership that the property repre-
sents on Wilshire Boulevard is somewhat different that on Service in
West Covina; there is no comparison.
I feel that if we let this go through now that we will get this type
of planning and investment in the area. Every citizen has an invest-
ment in the Civic Center and it should be developed well. I have not
been in accord with the C-R zoning, but I think we can do something
here from the building standpoint and general development of that
property in the area and that is why I think this is the wrong time
to start a service station.
The motion of Councilman Brown to approve this application failed for
a lack of a second.
Motion by Councilman Pittenger, seconded by Councilman Heath that
Zone Variance No.'255 and Precise Plan No. 154 be denied.
Motion passed on roll call as follows:
Ayes: Councilmen Heath; Pittenger, Barnes, Mayor Mottinger
Noes: Councilman Brown
Absent: None
C. C. 3-9-59 Page Ten
INSTALLATION OF SANITARY Hearing of protests or objections to
SEWERS - DISTRICT A111-58-1 forming 1911 Act Assessment District
Hearing of protests and to cover installation of.sanitary
objections sewers in the Hollenbeck'and Vine
Avenue Sewer District. Set for hearing
on this date by Resolution of Intention
No. 1513 passed by the City Council at their regular meeting of
February 9, 1959.
Mayor Mottinger: The hour of eight o'clock P. M. having
arrived, and passed, this is the time and
place for hearing protests or objections
against the improvements of Layton Way and other streets as described
in Resolution of Intention.No. 1513.
Does the City Clerk have the Affidavits of Publication, Posting and
Mailing relative to this hearing?
Mr. Flotten: I have all the affidavits and they are
on file.
Mayor Mottinger: I will entertain a motion to receive
and file the affidavits.
a Motion by Councilman Brown, seconded by Councilman Heath and carried
that the Affidavits of Publication, Mailing and Posting be received
and filed for the record.
Mayor Mottinger: Has the City Clerk received any written
protests or objections against the
proposed improvement?
Mr. Flotten: We have received no written protests
or objections.
Mayor Mottinger: Are there any oral protests to be
heard from anyone in the audience?
There were no protests presented.
The assessment engineer, Mr. Rosetti, presented the cost spread based
upon the total cost which was estimated at $5.15 per assessable front
foot.
The question was raised by Council as to why the cost of this assess-
ment was so much higher than any that had been stated in the past. It
was indicated this was an estimated cost and there was the matter of
putting in double sewer lines in these streets to serve the houses --
which was done on major City streets. It was indicated by Council
that bringing 2 small areas into the big district had possibly raised
the cost also and Councilman Brown indicated that there possibly be
adopted an iron -clad policy of no more jumping all over the City in
which one area is jumped and then another district is started all
around it.
C. C. 3-9-59
Page Eleven
DISTRICT A'11-58-1 - continued
The City Manager indicated he. would present a breakdown of the cost to
the Council,
Mayor Mottinger: Since there are no written or oral
protests I will entertain a motion the
hearing be closed.
Motion by Councilman Heath-, seconded by Councilman Barnes and carried
that the hearing of protests or objections to forming 1911 Act
Assessment District to cover installation of sanitary sewers in the
Hollenbeck and Vine Avenue Sewer District be closed.
RESOLUTION NO. 1533 The City Clerk presented:
Ordering Sanitary Sewer work "A RESOLUTION OF THE CITY COUNCIL OF
to be done (A'11-58-1) THE CITY OF WEST COVINA ORDRING WORK TO
ADOPTED BE DONE ON LAYTON WAY AND OTHER STREETS
IN ACCORDANCE WITH RESOLUTION OF INTEN-
TION NO. 151311. (A'11-58-1)
Mayor Mottinger:
Hearing no objections, we will waive
further 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. 1533.
PETITION Requesting the Board of Supervisors to
-annex a portion of Sewer Assessment
MAYOR AUTHORIZED District A111-58-1, City of West Covina,
TO SIGN to Los Angeles County Sanitation
District No. 22
Mr. Aiassa: We had a similar petition on Vine Avenue.
This district was left out of the
County Sanitation Maintenance District.
This action would make them a part of the maintenance district.
Mayor Mottinger: Should we have requested entry into the
sanitation district before sewers were
installed or after?
C. C. 3-9-59
Page Twelve
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PETITION - continued
Mr. Aiassa: The sanitation district missed this one.
We sent plans for approval and just dis-
covered this deletion last week. Our
legal descriptions are correct. However, when we rechecked the one on
Vine we found an area was left out and we had to pass a similar action
to,get four lots in. We have to rely on the sanitation district.
Mayor Mottinger: Don't they ordinarily accept boundaries
that we submit?
Mr. Aiassa: Yes, they are supposed to check against
the maintenance district and tell us
whether it is in or out.
Councilman Brown: If we present the correct boundaries
it seems to me they would accept or
reject them rather than certain areas.
If we submit them and this happens it looks like we have left them off.
Mr. Aiassa: We submit them complete boundaries of the
proposed improvement district, but then
:sometimes when we recheck we find a small
portion of the district is not in the maintenance district.
Mayor Mottinger: I believe they must check the descrip-
tion given them and perhaps this is
what could eliminate the causes of
these things.
Mr. Aiassa: I believe that is what happend on Vine
and what has evidently happened here.
We can't say whether it is in or not, it
is up to them to tell us whether it is in the sanitation maintenance
district. Maps for their checking are submitted to them as drawings.
Mayor Mottinger:
Mr. Aiassa:
Councilman Brown:
Mr. Aiassa:
I think it would be well to check a bit
more specifically for us and give a
report as to how these things are missed.
I think the only thing to do would be
to go to the.County Sanitation District
and check it ourselves. We submit the
entire improvement district.
If that is so it would show streets and
lots included but evidently these are
being left off.
When there seems to be some doubt we
have checked and found them left off
but we have to take their word for these
things sometimes.
C. C. 3-9-59
Page Thirteen
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PETITION - continued
Motion by Councilman Heath, seconded by Councilman Barnes and carried
that the Mayor be authorized to sign the petition to annex a portion
of Sewer Assessment District A'11-58-1, City of West Covina, to
Los Angeles County Sanitation District No. 22.
CITY ATTORNEY
ORDINANCES
INTRODUCTION The City Attorney presented:
Amending certain provisions "AN ORDINANCE OF THE CITY COUNCIL OF
of Ordinance No. 325 relat- THE CITY OF WEST COVINA AMENDING CERTAIN
ing to places where dancing PROVISIONS OF.ORDINANCE NO. 325 RELATING
is permitted TO PLACES WHERE DANCING IS PERMITTED".
Mayor Mottinger: Hearing no objections, we will waive
further reading of the body of the
Resolution.
Motion by Councilman Brown, seconded by Councilman Pittenger and
carried that the Ordinance be introduced and given its first reading.
• Councilman Heath: At the last meeting of the Planning
Commission there was a request for a
dance studio use on Glendora Avenue -
I believe it was an Arthur Murray Studio. This was limited to the
instruction of no more than 10 students at any one class. However, it
was indicated that at the end of the month there is a type of a party
that this particular studio gives for its pupils which would bring the
attendance up to more than the ten permitted. I do not believe the
ordinance contains anything in relation to this type of thing in
connection with dance studios. Should something be placed in the
ordinance to cover such contingencies?
Councilman Brown: If the ordinance limits the number of
people in relation to instruction, but
not a social gathering such as you
have mentioned, that is something else.
Mr. Gerschler: We have looked into this matter with the
applicant, and in the presentation of
recommendations made at the Commission
meeting of March 4th it was our intent and the Commission's intent to
limit dancing in relation to the instruction of such groups to no
more than 10 at any one time. There was no intent to regulate anything
but the instruction. As far as limiting the number of people in the
building for other than instruction, such matters are normally limited
under the building code anyway. The applicant felt the situation could
be met satisfactorily under this explanation.
C. C. 3-9-59 Page Fourteen
ORDINANCE NO<'325 (DANCING) - continued
Mr. Williams: It would seem that unless they gave
instructions at this social get-together
they would not be in violation of the
dancing instruction regulations,
ANNEXATION NO. 158 I have received from the Attorney
General copies of a letter concerning
Annexation No. 158, dated March 6, 1959)
which gives leave to sue. There has also been served to the.City the
briefs on this matter.
Mayor Mottinger> Perhaps you could summarize the status
of the situation and the action that
we should take at this point,
Mr. Williams: The area has been annexed. The annexa-
tion has been accomplished by the
filing of the Ordinance with the Sec-
retary of State on December loth, There is only one way, after annexa-
tion has been filed with the Secretary of State, to disrupt it and
that is for the Attorney General in the name of the people of the
State to attack it. This is done within 90 days. The Attorney General
• doesn't do this himself so there is a procedure by which he allows
his name to be used by a person aggrieved by the annexation, who peti-
tions the Attorney General for leave to sue in the name of the people
in the State and files the complaint within a 90 day period in the
Superior Court, The 90 days doesn't apply to the time to petition
the Attorney General but applies to the time the suit should be filed
with the court. However, they didn't petition the Attorney General
until the sixth of March so the Attorney General has a procedure where
he avoids passing on the merits of the application for leave to sue,
where time is about to run out, and grants leave to file in court but
then there are no further proceedings until there is a chance to see
this and make determinings to proceed. He would ordinarily see this
before it was filed in court if the time wasn't about to run out.
Ordinarily the application is made to the Attorney General by the
relator, the attacker, filing statement of facts why the suit should
be granted. The defendant has 15 days within which to present to the
Attorney General its side of the case why this should be denied, then
the Attorney General makes up his mind to deny the suit or permits the
suit. In this instance the procedure was upset by reason the 90 day
period would have run out. So it is a matter of saying before I look
at this -and before West Covina replies to this I will let you sue, but
that just means that you can file the complaint so that the time won't
run out and then you go through the usual process. We have lost one
thing -- the opportunity to plead that the time has run out; otherwise,
all this does is to hold the matter in status quo.
r�
C. C. 3-9-59 Page Fifteen
ANNEXATION NO. 158 - continued
Mr. Williams - continued:
Further negotiations between the City and the owners would be desirable
and you should get a written agreement with the Home Savings and Loan
to merit it, which has to be approved by the Attorney General, that no
further papers would be filed by anyone until further notice.
The property in West Covina remains there unless the suit is success-
ful, but you should not go into court to fight this while neogitations
are going on. If you can make negotiations there would be no fight,
but if not you can give it up or fight the case. Somebody should be
appointed by Council, an.attorney,.to have charge of this case so if
no extension of time is going to be given then it can be presented
within the 15 days which already started to run from Thursday, March 5th..
Mayor Mottinger: I think it would be in order to appoint
an attorney to handle this matter, for
the information of all concerned.
Councilman Heath and I had already had a discussion with the owners
and his attorney -- Home Savings and Loan. There were no negotiations
along the line indicated but it may be possible that negotiations can
be effected. Apparently our move is to appoint an attorney and
instruct him to see if the proper letter can be obtained from them
(Home Savings and Loan) extending the date when it would be necessary
for us to reply.
Councilman Pittenger: Under the situation the Attorney General,
by permittimg them to file now, was
reserving the time for himself to
review the case before any action could be taken on it. Doesn't he
need that 15 days for study?
Mr. Williams: He makes the study by reviewing the
briefs. He probably hasn't read the
.briefs and hasn®t issued this on the
merits of the matter but on the time element. We now can file our
briefs within 15 days after we have been served.
Mayor Mottinger: Unless we can get the property owners
to extend this time.
Councilman Pittenger: Can't you prepare this brief for us?
Mayor Mottinger: If we desire to continue discussions
with the owners I do not think a brief
should be filed -- not if there is an
opportunity of negotiations with the owners.
Councilman Heath: I would like to see the brief prepared
and filed because in the previous meet-
ing with the owners I felt this is a
stalling action which could stall for quite some time and I would like
to see it come to a head and battle the thing out.
C. C. 3-9-59
go ANNEXATION NO. 158 - continued
Mayor Mottinger. We have control of the length of the
stall by requesting them to delay and
.they would have to give an answer.
Maybe something can be worked out. We can limit it to a given length
of time. If there is any possibility of this being worked out it would
be a savings to the City to avoid the preparation of a document in order
to answer the things these people have raised.
Councilman Heath: They stated they just bought this
_.property 10 days ago and they wanted to
see what they would do. This Could
two or three years.
Page Sixteen
mean it could drag out for
Mr. Williams:
Councilman Heath:
If you go to court Withthis it is going
to drag out that long.
I feel the Attorney General will not
accept this case.
Councilman Brown: Possibly we could prepare our briefs
and have them ready to file, then con-
tinue negotiations all the time the
Attorney General is going over these papers -between now and the time it
may go to Court. I think our possibility of agreement with the owners
will be greater if they see we intend to fight this.
Mr. Williams: I do riot agree with you.
Councilman Pittenger: We are not attorneys and Mr. Williams
should know and we should listen to him.
Councilman Brown: He is an attorney but do we want to stall
this for two or three years? If nego-
tiations are handled in a month it won't
be two or three years.
Councilman Pittenger: Ihave found that if you do not tell a
man that you have got him over a barrel
you can negotiate better.
Mr. Williams: Your annexation is complete and is in
West Covina and any stalling keeps it in
West Covina that much longer. You are
talking about a suit that wishes to.sue you. You are the defendants,
and yet in relation to the way you are speaking you are actually
encouraging a suit to be brought against you by not agreeing to an
extension oftime if you can get it. Human experience has taught
that you can't settle a war,, or a lawsuit, without suspending the
hostilities first and all the activity in history demonstrates this.
War ends when the hostilities end and then you can sit down and nego-
tiate, not before. You can't fight them with one hand and try to woo
them with the other. They had to take this action or they would have
been barred forever from doing anything about this annexation.
C. C. 3-9-59
Page Seventeen
ANNEXATION NO. 158 - continued
Mayor Mottinger, We discussed this with the loan company
and they stated they did it not because
they were angry with us but that they
had to take this action or they would no longer be able to do anything.
Councilman Barnes: If we got a letter granting the exten-
sion would we have to file?
Mr. Williams: You would never have to file if you
could work this thing out, but I have
a strong feeling that the wish of the
big property owners will carry an awful lot of weight. You cannot
browbeat owners --into annexation. You hurt this owner and there are
other people on surrounding property that observe the treatment.
Mayor Mottinger: If we ask our attorney to make agreements
with the attorney of the Home Savings
and Loan to wait say 60 days for us to
give a reply to this document we have received, then we can in that time
have some negotiations with them. The situation doesn't change in that
60 days. We can talk with them and see if there is any possibility of
negotiations and there is a deadline and if we can't negotiate we will
then file our reply. We have every privilege up to that point that we
have right now with the additional advantage that we are not going to
• be putting down in writing those things which will make these people
angry just as the things you will read in their briefs will make you
angry.
Perhaps we could suspend this for 90 days, They may not agree, it is
true, but then we will know our answer right away.
Councilman Brown: If there is any indication of stalling,
this brief should be provided for.
h
Councilman Heath: The owners said they bought this pro-
perty 10 days ago. They stated they
closed the deal at 4:30 A. M. to file
at 8:30 A. M. and at 9:00 A. M. they found out this was in West Covina.
They told us in so many words they bought this property 10 days ago
and wanted the time to go over it and see about it. They also brought
out their true reason for why they wanted to hold this and I think we
are in for a two or three year delay. I think there is a chance the
Attorney General will not permit this case to be reviewed and it will
be settled.
Mr. Williams: I think you have no chance to have the
Attorney General turn this down because
the Attorney General does not try to
decide the case but to see if there are facts that should be presented
to Court and the only way that we can present our objections is that
they are wrong. We might say this, the Attorney General has no
alternative. He won't decide which one is right if it is disputed
and can't be settled; a case is then already determined so there is
a most remote chance that he would not grant leave to sue. Then it
will be tried in Superior Court. If we lose, it.will be determined
C. C. 3-9-59 Page Eighteen
ANNEXATION NO. 158 - continued
Mr. Williams - continued:
in the Court of Appeals. If we lose there we go to the Supreme Court,
then no matter who loses it will be a matter of two or three years.
It is best to deal first with these people. How do they know in the
10 days they say they have had this property what the advantages are
in nest Covina? If they wanted six months time I wouldn.'t call it
stalling. It is the privilege of any new land owner to look all
around him and survey the complete situation to make his judgments.
Councilman Browne I would agree that six months would
not be too short a time but by the
statements made by Mayor Mottinger and
Councilman Heath it would seem strange that they would pay the money
that they have for this and not even know whether they are in the
County or in the City.
Mayor Mottinger;
Apparently they had looked at it before
and did not know of the change in
relation to annexation.
Mr. Williams:
Let us concede they did know and didn't
tell us. What would that indicate?
Councilman Brown:
I am questioning if they are stalling
only in order to get something but.of
the City.
Mayor Mottinger:
Regardless, there is still enough time
to determine whether we are on the
right course, but we should reserve the
initiative that is
ours now for a future time and at our own discretion.
Councilman Brown:
The length of extension of time is up to
them, not up to us.
Mayor Mottinger:
Our answer to these proceedings is up to
US.
Mr. Williams: The length of time should be up to mutual
discussion. They want to make the study.
Councilman Brown: It should not be for less than 90 days,
or more, fine.
Mr. Williams: I agree with that. If they decide,
sooner, all right.
Councilman Heath: I feel it doesn't make any difference
whether it is one month or six months
because their motive is not to look and
see what they've got.
4F
0
ti
C. C. 3-9-59
ANNEXATION NO. 158 - continued
Page Nineteen
Mayor Mottinger: They indicated plans to'spend money
for preliminary engineering and they
want to do that before coming to any
conclusions. I think we should engage our attorney and request there
be some suspension of, this time element so that there can be negotia-
tions and maybe we can word it properly so that time doesn't run out
prior to our next meeting, or do so that we can get a report back.
Motion by Councilman Brown, seconded by Councilman Barnes and carried
that the law firm of Williams, Burke and Sorenson be hired to either
secure a letter from Home Savings and Loan to allow them time to make
their study and allow us time to prepare our filing of the brief,
or. if we do not get a letter from them allowing extra time
for the brief that Williams, Burke and Sorenson file such a brief
within the fifteen day period allowed as it now exists.(from March 5,
1959) .
Councilman Heath voted "No".
CITY MANAGER REPORTS
MAINTENANCE RESURFACING BY Sanitary Sewer. District A®11-56-7
CONTRACT - 'TRACT "NO, 16738
LOCATION: Toland Avenue between Garvey
and Workman Avenues.
Estimate of cost $1,820.00. Authorize City Engineer to proceed with
project.
Councilman Brown: I think a two course job should be done
on this.
Mr. Dosh: This must be done under the 1911 Act.
Mr. Aiassa: I suggest we could use a leveling course
job for the base course and finish
course of 1" or 11" for wearing surface.
This would cost us more than the $2,000.00.
Councilman Brown: I would rather see it go over $2,000.,00
and do a good job. Perhaps you could
make arrangements with Artukovitch as
to what his figures would be.
.Mr. Dosh: That might take a special resolution
of Council.
4F
•
S
C. C. 3-9-59
CITY MANAGER REPORTS - continued
Page Twenty
Mr. Williams: In talking of State law it is not
necessary to advertise in a case like
this where he is the only person who
could pave the rest of the street as a single project. Here is a man
paving part of the street and you want it paved as an entire job and
only one man can do that, to pave the rest of the street while he is
paving this area.
Mayor Mottinger; Would it be good judgment to get that
kind of a contract?
Mr. Williams: I think it would be all right by fact
it is non-competitive. I think you
can benefit by having the sewer con-
tractor who will have it partly done by another contractor than doing
the whole thing.
Mayor Mottinger: Particularly as long as ive have esti=
mates to confirm the price he might
give us.
Mr. Williams: As long as you have an estimate to con-
firm the price he gives you and an esti-
mate of what the total cost is if you
let him do it and then had over-all paving job on top of that.
Mayor Mottinger: Evidently it is in order to have him
give a proposal on this. If he gives it
to another contractor it might be well
to go to a contractor more capable of doing this work.
Motion by Councilman Brown, seconded by Councilman Pittenger and
carried that the City Manager be authorized to negotiate with Jerry
Artukovitch to see if this can be worked with 1" cap and 1/21'to 3/41'
leveling course.
Motion passed on roll call as follows:
r
Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger
Noes: None
Absent: None
MAINTENANCE RESURFACING BY
CONTRACT - ZONE VARIANCE
NO. 172, West Covina School
District (Orangewood School)
POSTPONED UNTIL DISCUSSION
ON MARCH 16, 1959
LOCATION: Orange Avenue between
Farlington and Durness Streets.
Estimate of cost $980.00
C. C. 3-9-59
Page Twenty -One
CITY MANAGER REPORTS - continued
PAYMENT OF PROPORTIONATE Motion by Councilman Brown, seconded by
SHARE OF THE COST IN PROJECT Councilman Heath that authorization be:
C-75 TO THE COUNTY OF given for the amount of $3,000.00 to be
'LOS ANGELES (Irwindale Ave.) paid to the County of Los Angeles -as
APPROVED the City of West Covina's share of
its participation in Project C-75>
Motion passed on roll call as follows:
Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger
Noes: None
Absent: None
PAYMENT OF PROPORTIONATE
SHARE OF THE COST IN
PRECISE PLN NO. 67 TO THE
GRANADA DEVELOPMENT CO.
APPROVED
Motion by Councilman Brown, seconded by
Councilman Pittenger that the City of
West Covina pay to the Granada Develop-
ment Company the amount of $1,780.57 as
their share in the participation in
connection with development of Precise
Plan No. 67.
Motion passed on roll call as follows:
Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger
Noes: None
Absent: None
Mr, Aiassa: We are buying material from Industrial
Asphalt. Our contract is with Arrow
but they send us to Industrial whenever
they (Arrow Asphalt Co.) have trouble.
Councilman Brown: They have to supply us with needed
material regardless of where they have
to buy it and they bill use This is
workable and exchangeable with all paving plants in the area,
Mr, Aiassa: There are certain legislative bills
being introduced some of which I feel
we should take action on in relation
to advising our legislative representatives, subject to League confir-
mation, as to whether to support or object to certain bills.
It
was consensus these
matters
should
be
discussed
and copies presented
to
Council in relation
to them
before
any
policy is
indicated.
0
C. C. 3-9-59 Page Twenty -Two
CITY MANAGER REPORTS - continued '
WALNUT CREEK WASH ALIGNMENT Motion by Councilman Barnes, seconded
City Attorney directed by Councilman Brown and carried that -
to prepare a resolution the City Attorney be directed to prepare
a resolution with regard to Walnut Creek
Wash Alignment
ACQUIRING OF R.O.W. FOR Motion by Councilman Brown, seconded
CAMERON AVENUE by Councilman Pittenger and carried
City Manager and one that the City Manager and one Council -
Councilman so authorized man be instructed to proceed with
acquiring the R.O.W. for Cameron Avenue.
LEAGUE OF CALIFORNIA Berkeley, California - March 14, 1959
HIGHWAY COMMITTEE MEETING
City Manager authorized Mr. Aiassa will attend
to attend
Motion by Councilman Brown, seconded by Councilman Heath and carried
that authorization be given for the City Manager to attend the League
of California Highway Committee meeting in Berkeley, California on
March 14, 1959.
CITY CLERK
COMMUNICATION FROM CHAMBER Re: Resolution No, 1501
OF COMMERCE
This communication acknowledged receipt
of Resolution No. 1501. Copies were
sent to all representatives in Sacramento
and also to local Chamber of Commerce who are, in turn; informing the
proper legislative authorities they have received this Resolution,
MAYOR'S REPORTS
APPOINTMENTS OF COUNCILMEN Appointments were made to represent the
TO VARIOUS COMMITTEES Council at Planning Commission and
Recreation and Park Commission meetings
with a formal representation from Council
to attend Personnel Board meeting.
Councilman Pittenger would represent Council at Personnel Board meetings
for February, March and April. Then Councilmen Heath, Barnes, and
Brown in that order.
C. C. 3-9-59 Page Twenty -Three
MAYOR'S REPORTS - continued
The appointment is for a period of three months for each Councilman,
but subject to review every three months to be sure such meetings can
be attended by the selected Councilman during that period.
Councilman Barnes is alternate representative to the East San Gabriel
Valley Planning Committee and will attend during February, March and
April, 1959.
Councilman Brown is on Recreation and Park Commission duty as repre-
sentative of Council.
Copies of letter from U. S. Conference of Mayors presented to Council
members.
Meeting of Mayors of San Gabriel Valley and Pomona at Monrovia,
March 11, 1959
COUNCIL COMMITTEE REPORTS
• Councilman Heath stated he attended a meeting of Area D Civil Defense
on February 20th and took the liberty of casting a vote in relation
to a resolution presented authorizing the purchase of civil defense
material by Col. Meng if it was within the budget of Area D. This was
for a 6 x 6 truck and numerous radio sets and equipment. Councilman
Heath voted against this resolution as he felt this Area D was organ-
ized as an administrative office and could not see the taxpayer paying
for civil defense equipment within it since in emergencies Area D can
use the equipment of the City that is in trouble and equipment of
adjacent cities if necessary.
Councilman Heath indicated there was a discussion on the matter of
sirens and copies of the survey made by Scream Master were presented
with the possibility of opinions being given in the future in relation
to the set-up presented by the cities.
Councilman Heath indicated the cost had gone up for these sirens since
the time a similar survey was made for this City only.
JOINT MEETING OF COUNCIL
AND RECREATION AND PARK
COMMISSION
Councilman Brown stated this had been
requested Tuesday March 24, 1959 at
7:30 P. M.
C. C. 3-9-59
Page Twenty -Four
r:
COUNCIL COMMITTEE REPORTS - continued
Councilman Barnes stated he had no report but he had visited the new
Police facilities and wondered why there is a pipe about four lacim-_s-�
high coming out of the floor, containing wires, in the Investigators'
Room. There was supposed to be a cupboard there but this had been
removed, How did it ever get by the Inspection Department?
Mr. Dosh indicated the pipe is to be removed and the wires contained
in a box and a desk to be placed there instead of a cupboard.
Councilman Barnes also questioned as to paving of the area before the
Police facilities are moved in and the matter of a new Booking Counter
and not using the old one in the new building.
Mr. Aiassa indicated that specifications were being made for the
Booking Counter and that as there will be a joint parking area for
Police and Fire Departments when both buildings are completed, the
paving will then be done.
Councilman Barnes complimented Mr. Aiassa on his report that he pre-
sented to Council and believed it would be of help to the City.
Councilman Heath complimented Mr. Aiassa on an article appearing in
• the newspaper in relation to sewers in that it was very well prepared
and the best one out in a long time. Mr. Aiassa stated that Mr. Nollac
should be given credit for the article.
Councilman Heath noted an area on Vine, west of Hollenbeck, where
the building comes out within 3-feet of the curb and then there are
shrubs so that it is dangerous for children playing.in,:the street be-
cause if there is a car coming they can't jump onto the curb.
Mrs. Van Dame mentioned the fact that when schools open in the Fall
pupils living within a mile radius of a school have to walk and how
can they be expected to do so with no sidewalks in the City, with the
danger of cars attempting to get through on some of the streets with
say 50 to 100 children in the middle of the road.
DEMANDS
Motion by Councilman Heath, seconded by Councilman Barnes that
Demands in the amount of $218,689.90, as shown on Demand Sheets C-132
and C-133, be approved. This to include fund transfers in the amount
of $43,773.27; time deposits in the amount of $118,500.00 and bank
transfers in the amount of $37,000.00
0 C. C. 3-9-59 Page 'twenty -Five
DEMANDS - continued
Motion passed on roll call as follows,
Ayes, Councilmen Heath, Brown, Pittenger, Barnes, Mayor 1l1ottinger
Noes, None
Absent, None
There being no further business, motion by Councilman Pittenger,
seconded by Councilman Brown, at 10,20 Po M,, that the meeting be
adjourned.
Next regular Meeting March 23, 1959.
Study session March 10, 1959
APPROVED BY CITY` COUNCIL?
Da.te���',
As'submi.ttel
V th.. the following corrections, ,�