Loading...
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". 1�� 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. 0 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. n� 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 r� 0 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 0 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, ,�