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04-27-1959 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA April 27, 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. Carl Buettemeirer's son. ROLL CALL Present: Mayor Mottinger, Councilmen Heath, Brown, Pittenger, Barnes Others Present-. Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Harry C. Williams, City Attorney Mr. Malcolm C. Gerschler, Planning Coordinator Absent-. Mrs. Fern Sayers Merry, City Treasurer Mr. Tom Dosh, Assistant Public Services Director (to 8:55 P. M.) • APPROVAL OF MINUTES April 13, 1959 - Approved as submitted. CITY CLERK'S REPORT RESOLUTION NO. 1549 The City Clerk presented-. Approve final map and accept "A RESOLUTION OF THE CITY COUNCIL OF THE bond - Tract No. 17101 CITY OF WEST COVINA APPROVING FINAL MAP .ADOPTED OF TRACT NO. 17101 AND ACCEPTING MICHIGAN SURETY CO. BOND NO. 207616 IN THE AMOUNT OF $42,420.00 FOR STREET IMPROVEMENTS AND SANITARY SEWERS." LOCATION-. Southeast side of Sunset Avenue south of Yarnell Street. Mayor Mottinger-. Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows-. Ayes-. Councilmen Heath, Brown, Pittenger, Barnes', Mayor Mottinger It Noes-. None Absent-. None Said Resolution was given No. 1549. s 9 z C. C. 4-27-59 RESOLUTION NO. 1550 Opening 1 Foot Lot No, 39 Tract No. 19443 ADOPTED Mayor Mottinger: Page Two The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA OPENING 1 FOOT LOT ALONG SOUTHERLY SIDE OF YARNELL STREET IN TRACT NO. 19443 FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS YARNELL STREET FOR ACCESS TO TRACT NO. 17101", LOCATION: Along southerly side of Yarnell,Street in Tract No, 19443. Hearing no objections, we will waive fur- ther reading of the body of the Resolu- tion. Motion by Councilman Barnes, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes_, Mayor Mottinger Noes: None Absent: None Said Resolution was given No, 1550. RESOLUTION NO. 1551 The City Clerk presented: Approve final map and accept "A RESOLUTION OF THE CITY COUNCIL OF bond - Tract No. 16876 THE CITY OF WEST COVINA APPROVING FINAL ADOPTED MAP OF TRACT NO. 16876 AND ACCEPTING NEW HAMPSHIRE FIRE INSURANCE CO, BOND NO- N-13350 IN AMOUNT OF $16,250.00 FOR STREET IMPROVEMENTS AND SANITARY SEWERS". LOCATION: North side Vine Avenue east of Valinda Avenue. Mayor Mottinger: ,Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Heath, seconded by Councilman Brown that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. ,1551, C. C. 4-27-59 Page Three RESOLUTION NO. 1552 The City Clerk presented- Opening 1 Foot Lots -Metes & "A RESOLUTION OF THE..CITY COUNCIL OF Bounds Subdivision No. 13596 THE CITY OF WEST COVINA OPENING 1 FOOT ADOPTED LOTS AT EASTERLY END OF STREETS.JN METES AND BOUNDS SUBDIVISION NO. 135-96 FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS BLUE DRIVE AND THACKERY STREET FOR ACCESS TO TRACT N0; 16876." LOCATION: Easterly end of street in Metes & Bounds Subdivision No. 135-96. Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Pittenger that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1552. RESOLUTION NO. 1553 The City Clerk presented: Approve final map - Metes "A RESOLUTION OF THE CITY COUNCIL OF THE & Bounds Subdivision CITY OF WEST COVINA APPROVING FINAL MAP No. 135-147 OF METES & BOUNDS SUBDIVISION NO. 135-147 ADOPTED LOCATION: 'North side of Sunset Hill Drive east of Barranca Street. (No bond street improvements installed with Tract No. 24331). Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Reso- lution. Motion by Councilman Barnes, sdconded 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. 1553. S. s E ii C. C. 4-27-59 Page Four RESOLUTION NO. 1554 The City Clerk presented: Authorizing execution of quit "A RESOLUTION OF THE CITY COUNCIL OF claim deed - Lot 27, THE CITY OF WEST COVINA AUTHORIZING Tract No. 21524 THE MAYOR AND CITY CLERK TO E%ECUTE.A ADOPTED QUIT CLAIM DEED ON LOT 27,. TRACT NO. 21524 TO THE COVINA SCHOOL DISTRICT. LOCATION: West side Barranca Street - Mesa School site This is in exchange for a consideration of a written agreement with Covina School District to install street improvements. (Held over from April 13th meeting). Mr. Williams: Isn't this a one -foot lot? Mr. Aiassa: It is an original subdivision - the City has the record title. Mr..Williams: This form of quit claim to the record owner is where.we release an easement; here, we are the record owner.. I think it could be a quit claim but it ought to be to the Covina School District and I think we ought to name the Covina School District. Actually we have title here to the whole lot. Mr. Aiassa: We will convey it to them. Motion by Councilman Pittenger, seconded by Councilman Heath that said Resolution be adopted with the stated correction. Motion passed on roll call as follows: Ayes. Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mot�inger Noes: None Absent: None Said Resolution was given No. 1554. PROPOSED AGREEMENT Held over from April 13th meeting. Los Angeles County Flood Control''District (1958 Motion by Councilman Brown, seconded by Storm Drain Bond Issue Councilman Barnes and carried that the Procedure) Mayor and City Clerk be authorized.to APPROVED execute the agreement. TRACT NO. 24331 DELETED FROM -AGENDA Accept street improvements H. A. Manington C. - C, 4-27-59 TRACT NO. 23084 Accept street improvements Audubon Homes, Inc-.-, Blue Wing Homes, Inc., and Chuckatuck Homes, Inc. - Don Wilson, President APPROVED Page Five LOCATION: Northwest corner of Walnut Avenue and.Francisquito Avenue. Authorize release of Seaboard Surety Co. Bond No. 522501-LA in the amount of $19,000.00. Motion by Councilman Brown, seconded by Councilman Heath and that the street improvements be accepted and authorization be for the release of Seaboard Surety Co. Bond No. 522501-LA in of $19,000.00. ZONE CHANGE NO. 14 Accept street improvements 0. D. Harbert - Frances Zoelle APPROVED carried given the amount LOCATION: Northwest corner Garvey Avenue and Lang Avenue. Request to accept street improvements (sidewalks and approaches to Motor Vehicle Department) and authorize release of Aetna Insurance Co, Bond No. S-377705 in the amount of $1,295.00... Motion by Councilman Brown, seconded by Councilman He and carried that the street improvements be accepted and the Aetna Insurance Company Bond No,.S-377705 in the amount of $1,295.00 be released, PROJECT NO, C-42 LOCATION:_, Vine Avenue from Gaybar Street improvement Avenue to Leaf Avenue. specifications and plans APPROVED Approve plans and specifications. Approve basis of property owners parti- cipation, Authorize.City Engineer to call for bids. Held over from April 13th for completion of plans. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that plans and specifications be approved and the.City Engineer be authorized to call for bids on Project C®42. PROJECT NO- C-75 LOCATION: West side of Irwindale Street improvement north of Puente Avenue. (Curb and gutter) - Review informal bids and authorize 'Engineer to proceed with project,. Mr.. Flatten read.the report submitted by the Engineering Department. For the record, Project C-75 which includes curbs and gutters and paving construction is between Irwindale Avenue and the north city limits. It was approved by the City Council on September 29, 1958. The estimated cost of curb and gutter construction was $1,284.40. i 0 s C. C. 4-27-59 PROJECT NO. C-75 - continued The informal bids received were as follows: HARVEY CONSTRUCTION COMPANY_ W. R. WILKINSON CO., INC. HEACOCK BLACKTOP, INC. CROWELL & LARSON RAYMOND R. DOLLAR Page Six $ 1,446.95 1,399.84 1,346.00 1,245.05 1,231.59 On the basis of the above informal bids; we hereby recommend that Council award the contract to Raymond R. Dollar, whose bid was in the amount of $1,231.59. Councilman Brown: Will there be a requirement that .Mr. Dollar be bonded? Knowing 99% of all the contractors, I have never heard of Mr. Dollar. Mr. Aiassa: We will request a bond equal to the amount of the bid, or _his qualifications. Councilman Brown: It is just a thought. Mr. Aiassa: It is a safeguard and I assumed that Mr.. Dosh checked with him. Mayor Mottinger: What is your pleasure, gentlemen? Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that street improvement Project No. C-75 be awarded Mr. Dollar and that no payment be made. to him until completion of the project unless he posts a bond. PROJECT NO. C-86 LOCATION: Del Norte and Palm View Park improvement - Parks. comfort stations Approve plans and specifications and authorize City Engineer to call for bids. Councilman Heath: I.understood that at the last Council meeting, these would be installed within three months. Has that been changed.? Mr. Aiassa: The earliest time we can get the sewers in is approximately October, and I think Del Norte is over 18 months away if I recall. 1 u t C. C. 4-27-59 Page Seven PROJECT NO,.C-$6 - continued. Councilman Heath: In.,that case, according to the recom- mendations of the City Engineer_, it would be better to put in both locations. Councilman Barnes: Why have septic tanks if you don't need them and the cost is much less. Mr, Aiassa: There might be trouble with a cesspool. You don't know how much those things will be used, Mr. Nollac was asked his views onthe use at Palm View Park, He stated that the soil is pretty heavy and it is difficult to predict what a cesspool will do. It depends upon its use. It can't be used to any great extent except..on the_ weekends. If you are going to have a Little League, then a cesspool will get a heavy use. Your safest bet would be to install the septic tank, Councilman Barnes: The amount on Item 2 should be $410.25. Does Mr, Nollac feel that this.would be good for ten months? Mr. Nollac: With light use, depending on how many people use the facilities, it should. 1a'st. Councilman Pittenger: As I read this, there is only $150,.00 difference between the two. The safe one is going to cost us $560.00 a piece. Mayor Mottinger: It would seem to me we should take the safest way.- On the basis of this. infor- mation, actually at this point our decision is to approve.plans and specifications and call for bids. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that we approve plans and specifications and ask the City Engineer to obtain bids on Project No, C-86 and accept recommendation No, 1 on his report of April 24th. SCHEDULED MATTERS HFARTXr..q HEARING OF PROTEST DISTRICT A'11-56-5 Sanitary -Sewer District Assessments Hearing•of protests or objections the confirmation of assessments to cover the installation of sanitary sewers in the Vine Avenue and Pima Avenue Sewer District. Set for hearing this date in the "Notice of Filing Assessment and Diagram" dated March 31, 1959. to Ll 9 s C. C. 4-27-59 Page Eight DISTRICT A'11-56-5 - continued Mayor Mottinger:- Mr. Flotten, do you have the affidavits relative to this hearing? City Clerk: I have the affidavits of Publication, Posting and Mailing. Mayor Mottinger: I will entertain a motion to receive and file the affidavits. Motion by Councilman Pittenger, -seconded by Councilman Barnes and carried that we receive and file..the affidavits. Mayor Mottinger: Mr. Flotten, have you received any written protests or objections against the proceedings? City Clerk: No written protests or objections. Mayor Mottinger: Is there anyone in the audience who wishes to protest on the matter of constructing sanitary sewers? No one appeared in protest. C-kty.Clerk: Does the Council wish to see the apread of the assessments? Mr. Rosetti is here to answer any questions the Council may wish to ask. Councilman Barnes: What does this figure out to be per front foot? Mr. Nollac: $.4.27 per front foot. ° Mayor Mottinger: Are there any other questions on this matter? Motion by Councilman Heath., seconded by Councilman Pittenger and carried that .the hearing.be closed. RESOLUTION NO. 1555 The City Clerk presented: Sanitary Sewer District "A RESOLUTION OF THE CITY COUNCIL OF A111-56-5 THE CITY OF WEST COVINA CONFIRMING THE Confirming assessment ASSESSMENT FOR THE IMPROVEMENT OF THE ADOPTED VINE AVENUE,AND PIMA AVENUE SEWER DISTRICT (A'11-56-5) _ Motion by Councilman Brown.seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call,as follows:. Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1555. C. C. 4-27-59 Page Nine HEARINGS - continued RECLASSIFICATION NO. 169 LOCATION: Southeast corner of.Calif.or- (1405) - Union Oil Company' nia Avenues and proposed extension of APPROVED Vincent Avenue. Request for C-2 uses approved by Planning Commission Resolution No.726. Mr. Aiassa: I.would like to inform the Council that Mr. Benson brought in the deeds for the proposed streets and we will hold these until the deeds for the east property (Schlange.r and -Curtis) are brought in. Mayor.Mottinger: Is there anyone present who wishes to give testimony? Mr. E. L. Benson, representing Union Oil Company, was sworn in by the City Clerk. Mr. Benson: The plan you have before you is. somem thing that the Planning Commission has approved and we will do whatever we have to do in order to have this approved as it is. It seems that there is one thing we should -do to get the Precise Plan approved. We will dedicate the streets as.we have informed you in our applica- tion and pay for same, and as soon as this plan is adopted we will have our Engineering Department go ahead and work with your`Engineer- ing'Department to put the streets in and they will be subject to your approval. So all I am waiting for is -your approval. There being no further testimony,. the hearing was declared closed. Motion by Councilman Brown, seconded by Councilman Pittenger and carried that Reclassification No.:169 be approved 'subject to the. recommendations of the Planning,.,Commission. City Clerk: If it pleases the Council, Mr. Kle+;' .would like to approach the Council at this time. Mr. Klein: We of the Jewish War Veterans.have chosen our "Man of the Year' to receive our award for outstanding achievements and humanitarian work during the year. 1958, beyond his duty; Out of a long list of nominations we have come up with the name of Vernon R. Mottinger. We feel you have donO a great job with the City of West Covina,and that in all due respect we herewith present to you this plaque emblematic of this award, Mayor Mottinger accepted the award with his thanks.and expressed his appreciation to members of the Jewish War Veterans. C, C. 4-27-59 Page Ten RESOLUTION NO. 1556 The City Clerk presented: Accepting grant deed of "A RESOLUTION OF THE CITY COUNCIL OF easement for Sanitary THE CITY OF NEST COVINA ACCEPTING Sever purposes (,A.'11-57-6) GRANT DEED FOR 6' EASEMENT ALONG THE ADOPTED LINE OF LOT NO. 14, TRACT NO. 19866 FOR. -SANITARY SEWER PURPOSES (Cordes) (D.V.A.)". LOCATION: Service. Avenue.,._ Barbara Avenue and St. Malo Street _Sewer District (A'11-57-6). Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Barnes, 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. 1.5.56. O ANNUAL REPORT -ON STATUS OF Deleted from Agenda. REIMBURSEMENT DISTRICTS Mayor Mottinger stated that the Council had a personnel meeting Friday, April 24th, at which time they discussed the matter of re- placement of the Planning Commissioner. He announced the decision that Mr. Andrew Renwick would be the replacement for Mr. Getches who unfortunately passed away. Mayor Mottinger called a recess at 8:40 P. M. Council reconvened at 8: 55 P. M. CITY CLERK'S REPORTS PLANNING.COMMISSION Councilman Heath: On this Ryder property approved by the Planning Commission, I would li$e to know how many acres on that property. C. C. 4-27-59 Page Eleven PLANNING COMMISSION - continued Mr. Gerschler: About nine acres. Councilman Heath: Discussing the Ryder property, it has been brought to my attention -that one lot within the 300 feet radius did not receive publication notice as marked in the Unclassified Use. Permit. I am wondering where we actually stand legally on this. Mr. Williams: .'Well, any oversight, if.it was not done.with fraudulent intent or with the intent to evade their decision, doesn°t invalidate the proceedings. Councilman Brown: This has been changed from R-A to.R--1. This is a zone change regardless of what name. Mayor Mottinger: If there is this much discussion, I would ask that it be brought forward to the Council. Councilman Brown: Well, there was a question in my mind. At the time it was first presented it • was given the interpretation of a variance when it was actually a zone change, so I'don°t see how they can have a variance when they are having.a zone change. Mayor Mottinger: Mr. Williams, there seems to be quite a bit of discussion on this tonight. Do you see any objection in bringing this to the Council? Mr. .Wil1iams: No. Motion by Councilman Barnes, seconded by Councilman Heath and carried that the matter of Precise Plan No. 168 be brought before the City Council for public hearing. RECREATION AND PARK City Clerk: I believe all the Councilmen have copies of the regulations that the Recreation and Park Department.would like to apply in Cortez Park. They would like the basic rules approved for the rental of the building. Councilman Brown: I think this matter was discussed with our Park and Recreation group. Motion by Councilman Brown, seconded by Councilman Heath and carried that the policy as recommended by the Recreation and Park Commission be approved. 1 i s C. C. 4-27-59 GENERAL MATTERS ORAL COMMUNICATIONS Page Twelve Mr. Lee Barbone I appear before this body tonight to-. 1251.E. Mardinaprotest the -California Sewer Construc- West Covina tion Company. This Company has signed contracts with numerous people includ- ing myself and they quote a figure for the complete job and finally we receive a bill much in excess of what they quoted. Unfortunately, we were not aware of the activities of this Company until it was too late. I hope that this body can do some- thing about this Company. It could refuse to issue permits to operate in this City. I think that should be refused them because they are:, operating on the shady side. Further, I would request that we get a court injunction against them to cease their operations in this City. If you want any further testimony, I am sure I could, get a petition in order to stop their activities in this community. Mayor Mottinger: The Council has been aware of this situation and actually that is the reason for newspaper articles appear- ing in the paper. However, maybe there'is something else that could be done. Mr. Williams, do you have any suggestions? Mr -Williams: I understand we have a meeting set up for this matter a"week from Thursday. It may be as a result of that, some- thing will be forthcoming. We could deny excavation permits. If some of.your people would go before the State Contractors' License ._Bureau, you might get more results than from the City Council. Mr. Nollac: This company has been in operation over 25 years and the County of Los Angeles has experienced the same type of complaint as I understand it. Actually, they are not violating any law. Mr. Williams. I think it has to go before,the agency that licensed them, Councilman Heath: I would like to make a comment - I already have advised our City Engineer and our.Sanitation Department that in my neighborhood there have been solicitors coming around mis- reprpsenting orally. I broughtthis up at the last Council meeting. It is getting to be a serious.problem. I hope this meeting a.week from Thursday can do some good. Mr. Aiassa .asked Mr. Barbone for his telephone number, also the name, address and telephone number of his neighbor who attended the meeting. Co C. 4-27-59 Page Thirteen ORAL COMMUNICATIONS —continued Mr, Lee Barbone - 1251,E. �,West Covina - Edgewood 2-1003 Mr. W. To Barber - 1303'Eo Mardina, West Covina-,Edgewood 9-2495 Mayor Mottingero This is a thing that we are all in and sometimes it takes the protest of the average citizen to get the thing rolling. Mr, Joe Bloom: Mr. Mayor, Sewer District A11.1-57-3 has been put off until September. That was supposed to be up for construc-, tion some time this Spring and I guess they got held up on getting the right-of-way from some of the property owners. I.know that many people are pumping their sewers monthly and some every week or two weeks and the unnecessary expense they are going to have to go through this winter should be overcome in getting this thing for bids sooner. Furthermore, the cost is definitely going to go up. Mayor Mottingero The Council has been very concerned at how long it takes. Mr, Nollaco I might say that we have been waiting for approximately 32 months for Title Insurance__ lid .Trust Company. to give us title reports on all parcels of land that we must obtain for right-of- way, and now we have turned them over to Mr. Cox to make his appraisal of their value. We must obtain this information before we can proceed because if the cost of obtaining the right-of-way exceeds 20% we can no longer proceed under the 1911 Act, but proceed under the 1913 Act, This means that everything is done backwards. It is a more involved process, but in either case we can't proceed until we get these appraisals. The plans have been ready since last December so there has been no hold-up there. It 'is a matter of legal procedure. It's just one of those things that has to be done. Mayor Mottingero You are assuring us that there has been no unnecessary delay? Mr. Nollac: That is correct. WRITTEN COMMUNICATIONS Mr, Flotten read a letter from Horny Corporation regarding street improvements required on Merced Avenue as not a part of Tract No, 24914. • Mayor Mottingero He is the man that has sold the mutual agreement can be made. Wouldn't it be in order for the Engineering Department to consult with the owner of the piece of property? entire lot and it may be that some 1 • s C. C. 4-27-59i Page Fourteen LETTER FROM HORNY CORPORATION - continued Councilman Brown: This is all one piece of property. We will have 188 feet sticking out in the middle of the street that will not be approved. Mayor Mottinger: It is in order for us to refer this to the Engineering Department to see if they can work it out. Councilman Heath: I would like to ask the City Attorney if we are doing all right here. Mr. Williams: I would rather not answer that question right now. Mayor Mottinger: It is the consensus that the improve- ments should be completed. We are not particular who does it. The City Manager and City Engineer will meet with principals involved. CITY ATTORNEY ORDINANCES SECOND READING ORDINANCE NO. 621 Amending Section 900 of Ordinance Noe 325 relating to the uses permitted in the C-2 zone. ADOPTED Mayor Mottinger: The City Attorney presented: "AN ORDINANCE OF THE CITY COUNFIL OF THE CITY OF WEST COVINA AMENDING SECTION 900 OF ORDINANCE NO.,325 RELATING TO THE USES PERMITTED IN THE C-2 ZONE". (Automobile Sales) Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Brown, seconded by Councilman Barnes that said Ordinance be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor. Mottinger Noes: None Absent: None I • C. C. 4-27-59 ORDINANCES - continued SECOND READING ORDINANCE NO. 622 Rezoning certain property located on the east side of Sunset Avenue between Marianna and Crumley Streets (Kandel) ADOPTED Mayor Mottingero Page Fifteen The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REZONING CERTAIN PROPERTY LOCATED ON THE. EAST SIDE OF SUNSET AVENUE BETWEEN MARIANNA AND CRUMLEY STREETS (Kandel)". Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Heath, seconded by Councilman Brown that said Ordinance be adopted. Motion passed on roll call as follows. Ayes: Councilmen Heath, Brown, Pittenger, Banres, Mayor Mottinger Noes: None Absent: None INTRODUCTION Ordinance to change speed limits Mayor Mottingero The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECREASING THE MAXIMUM SPEED LIMIT UPON CERTAIN PUBLIC STREETS AND INCREASING THE MAXIMUM SPEED LIMIT UPON CERTAIN PUBLIC STREETS". Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that the Ordinance be introduced and given its first reading. INTRODUCTION The City Attorney presented: Ordinance rezoning certain "AN ORDINANCE OF THE CITY COUNCIL. OF property (City initiated) THE CITY OF WEST COVINA REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF GARVEY AVENUE BETWEEN WILLOW AND SUNKIST AVENUES". (City Initiated) Mayor Mottingero Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that the Ordinance be introduced and given its first reading. i r� U C. C. 4-27-50 ORDINANCES - continued INTRODUCTION Ordinance rezoning certain property (F. W. Place) Page Sixteen The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REZONING CERTAIN PROPERTY LOCATED AT 143 NORTH BARRANCA STREET BETWEEN WORKMAN AND GARVEY AVENUES". (F. W. Place). Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Heath, seoonded by Councilman Brown and carried that the Ordinance be introduced and given its first reading. INTRODUCTION Ordinance rezoning certain property (Curtis & Schlanger) Mayor Mottinger: The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF GLENDORA BETWEEN STATE STREET AND WALNUT CREEK -WASH". (Curtis and Schlanger) Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Brown, seconded by Councilman Heath and carried that the Ordinance be introduced and given its first reading. INTRODUCTION Ordinance rezoning certain Property (CipriAni)' Mayor Mottinger: The City Attprney presented: "AN ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF WEST COVINA REZONING CERTAIN PROPERTY LOCATED AT THE NORTHWEST CORNER OF VINCENT AND GARVEY AVENUES". Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Pittenger, seconded by Councilman Brown and carried that the Ordinance be introduced and given its first reading. RESOLUTIONS RESOLUTION NO. 1557 The City Attorney presented: Granting a Variance "A RESOLUTION OF THE CITY COUNCIL OF M.W. Place.) THE CITY OF WEST COVINA GRANTING A ADOPTED VARIANCE". (F. W. Place) U C._C. 4-27-59 Page Seventeen RESOLUTION NO. 1557 " continued 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: Councilman Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1557. RESOLUTION NO. 1558 Approving Precise Plan of Design No. 159 (F.W.Place) ADOPTED Mayor Mot,tinger.: The. City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO. 159 UPON PROPERTY LOCATED AT 143 NORTH BARRANCA STREET (F.W.Place) Hearing no objections, we will waive further'reading of the body 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. 1558. RESOLUTION NO. 1559 .Approving amendment of agreement ADOPTED Mayor Mottinger: The City Attorney presented: "A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF WEST.COVINA APPROVING AMENDMENT OF AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES". Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Heath that the 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. 1559. 1 0 C. C. 4-27-59 RESOLUTIONS - continued Page Eighteen RESOLUTION NO. The City Attorney presented and read Authorizing City.2anager to "A RESOLUTION OF THE CITY COUNCIL OF execute Notices of Completion THE CITY OF WEST COVINA AUTHORIZING HELD OVER THE CITY MANAGER TO EXECUTE, VERIFY AND RECORD NOTICES OF COMPLETION". After much deliberation, Mayor Mottinger asked the City Attorney -to put it on the next Agenda and that no action be -taken until a study meeting has been held. RESOLUTION NO. 1560 The City Attorney presented: Denying Zone Variance "A RESOLUTION OF THE CITY COUNCIL OF No. 266 (Mayer) THE CITY OF WEST COVINA DENYING ZONE ADOPTED VARIANCE NO. 266 P09 DRUG STORE USE PRIVILEGES PERMITTED IN COMMERCIAL ZONES". (Mayer) Mayor Mottinger; Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown,Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1560. RESOLUTION NO. 1561 The City Clerk presented: Expressing appreciation -^A RESOLUTION OF THE CITY COUNCIL OF to Deane S"ger THE CITY OF WEST COVINA EXPRESSING ADOPTED APPRECIATION FOR THE SERVICES OF DEANE SEEGER". Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Noes: None Absent: None RESOLUTION NO..- 1562 Expressing appreciation to Venetia L. McKenzie ADOPTED Brown, Pittenger, Barnes, Mayor Mottinger The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA EXPRESSING APPRECIATION FOR THE SERVICES OF VENETIA L. McKENZIE". 1 �J s C. C. 4-27-59 RESOLUTION NO. 1562 - continued Page Nineteen Motion by Councilman Heath, seconded by Councilman Brown that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1562. RESOLUTION NO. 1563 The City Clerk presented: Expressing appreciation to "A RESOLUTION OF.THE CITY COUNCIL OF the family of George Getches THE CITY OF WEST COVINA EXPRESSING ADOPTED APPRECIATION TO THE FAMILY OF GEORGE GETCHES FOR HIS SERVICES AND EXTENDING SYMPATHY FOR HIS PASSING". Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: 'None Absent: None Said Resolution was given No. 1563. CITY MANAGER REPORTS RESOLUTION NO. 1564 The City Clerk presented: Urban redevelopment project "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE STATE DEPARTMENT OF FINANCE TO PROVIDE PLANNING ASSISTANCE UNDER AUTHORITY OF.CHAPTER 33.,_STATUTES 1956, FIRST EXTRAORDINARY,SESSION". Mayor Mottinger: Hearing no objections, we will waive further reading of the body of the Resolution. Mr. Aiassa: The Council received a breakdown of the entire application and we have tried to comply to all the State re- quirements. Before we can adopt this resolution an agreement should be drawn with Mr. Bennett to do the consulting service on the condition that acceptance of this agreement will be subject to the approval of the -allocation. Mayor Mottinger: The first action that we need to take is to approve the contract with Charles Bennett. Have the City Manager draw up a contract with Charles Bennett and Company. s • Ll C. C. 4-27-59 CITY MANAGER REPORTS - continued Resolution No. 1564 - continued: Page Twenty Motion by Councilman Brown, seconded by Councilman Pittenger and carried that the City Manager be authorized to draw up -a contract with Mr. - Charles Bennett for Urban Redevelopment Project, as outlined, and further if we do 'not secure State aid allocation, this agreement shall be null and void. Motion by Councilman Heath, seconded by Councilman Pittenger that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No.. 1564. The City Manager outlined the Committee's report on procedure of removing obstructions in public streets and highways, on private property or adjoining public properties for such items as hedges, shrubs, fences, etc°. He also stated that the Traffic Committee par- ticipated in the data in this report. Motion by Councilman Barnes, seconded by Councilman Pittenger and carried that the Council approve the Committee's report and form - letters. The City Manager read a letter he received from Mr, Weatherby, Fire Chief of the West Covina Fire Department, outlining the numerous calls they received for the rescue equipment outside of the City. Mr. Aiassa: Mr. Williams: revive someone in Covina, or a cat, well, if these things lined, What legal procedure should we have on this matter? I think it could be by resolution. It is kind of a combination of prob- lems. If a fireman is ordered to go if ordered to go up a palm tree to save are part of the duties, it should be out - With respect to going outside the City, you already have a reciprocity contract. There should be a definition of the duties to going out- side the City in those areas where we don't have a reciprocity con- tract. Also, to state what are the duties of the fire chief, fire department, when answering calls for resuscitation, C. C. 4-27-59 CITY MANAGER REPORTS - continued Page 'Twenty -One Mr. Barnes: Who are some of the people that have been contacting us for this service? Mr. Aiassa: We never know., We can get it from anywhere. Mayor Mottinger referred this matter to the City.Attorney and asked him to prepare a resolution. The City Manager requested the creation of a new position, entitled Aministrative Aide, Range 34, salary start $407.00 to $504.00. A resolution was introduced and adopted. RESOLUTION NO. 1565 Setting up position of Administrative Aide ADOPTED The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 1277 RELATING TO THE POSITION OF ADMINISTRATIVE AIDE". Mayor Mottinger: Hearing no objections, we will waive further reading of th,p body of the Resolution. Motion by Councilman Brown, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Said Resolution was given No. 1565. The City Manager read a Mutual Sewer. Agreement between Covina, Baldwin Park and West Covina thpt was.suggested by Mr..Walter Nollac, Sanitation Division Engineer. Councilman Brown: That's an excellent idea. Motion by Councilman Pittenger,'seconded by Councilman Barnes and carried that the City Engineer be instructed to distribute copies of the agreement among the other cities of Covina and Baldwin Park. C. C. 4-27-59 Page Twenty -Two The City Manager presented.an agreement drawn up between the City of West Covina and the Los Angeles County Flood Control District,'' asking for authorization to execute same. This was held over from the meeting of April 13th. Motion by Councilman Brown, seconded by Councilman Barnes and carried that the agreement be approved and authorize the Mayor and City Clerk to execute same. The City Manager read a letter addressed to him by Mr. Walter Nollac requesting the extension of his termination.date to June 30th,'and recommended that we bear with him for another two months. It was the consensus that his request be granted.. RELOCATION OF PALM TREE The City Manager gave a summary ON LARK ELLEN AVENUE outlining the entire problem, also stating that it would cost us $125.0.0 to pay our share of replacing the dead palm tree. Motion by Councilman Brown, seconded by Councilman Barnes that the City of West Covina pay Tetley and Sons the sum of $125.00,in-full payment of our share of the cost of replacing a dead palm tree. Motion passed on roll call as follows: Ayes. Councilmen'Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes. None Absent: None LETTER FROM.LOS ANGELES The City Manager submitted a letter COUNTY FLOOD CONTROL from the Los Angeles County Flood DISTRICT Control District pertaining to the Walnut Creek - Big Dalton Wash to head up work schedule of financing, design and construction of bridges from Mr. M. E. Salsbury, Chief Engineer, prepared by W. J. Manetta, Senior Assistant Chief Engineer. The City Manager submitted copies for the City Council so that they will be informed of the over-all project procedure. The Council took it under advisement. f THIRD ANNUAL FIRE SERVICE DAY - May 2, 1959 have a display of equipment and engine. Motion by Councilman Pittenger, carried that the fire equipment Third Annual Fire Service Day on Mr. Aiassa stated that the Fire Department is going to have their Third Annual Fire Service Day on May 2nd, at which time they will give supervised rides on the fire seconded by Councilman Brown and be allowed to be used during the May Sid for rides. 1 C..C. 4-27-59 Page Twenty -Three CITY CLERK The. City Clerk stated that the Census takers were in the City -now and that they are located in the old Police Building. They will be here for most of the month of May. MAYOR'S REPORT Mayor Mottinger referred a letter from the Metropolitan Rapid Transit Committee to the City Clerk to be read. The City Clerk read the - letter and it was the Mayor's desire that the City Clerk reply to Mr. Miller of the Metropolitan Rapid Transit Committee's request stating that a representative of the City of hest Covina will be at the May 5th meeting. COUNCIL COMMITTEE REPORTS Councilman Barnes; I attended the Upper San Gabriel Valley Municipal Water meeting on April 22nd. I assure you that West Covina had a place on the Agenda. They made a statement saying that if the District doesn't form pretty soon that these other four cities, Azusa, Monterey Park, Sierra Madre and Alhambra, will form windows and these will be left out of any district, but they will get a free ride. Another thing was the desirability of an expression from the City of West Covina, and I would like to ask Mr. Flotten to read a letter that I presented to them that evening. Mr. Flotten read the letter. This was the report that I gave them. They first had a motion that read something like this - To form the Upper San Gabriel Municipal Water District, and if the City of West Covina has not made up their minds by May 20, 1959, the District will form excluding West Covina. This agrument got pretty hbt and they finally.amended the motion to read that the District should form including West'Covina at this time and the vote was 244 yes, 220 no, and 26 abstained. After the motion passed there was a lot of controversy, then.a third motion was made to not act on it at all at that meeting and to delay it until their next meeting which is around May 21st. So that's the way it stands at present. They would like to have some tatives and they appointed a and one from Suburban. They the Council could meet with Mayor Mottingero meetings with the City Council represen- representative from California,.Domestic would like these me4t.ings at a�ny­t me them. When could we meet with these people, j gentlemen? C. C. 4-27-59 PAgV Twenty -Four COUNCIL COMMITTEE_REPORTS - continued Councilman Barnes:. There will be a meeting with the Chamber of Commerce at 3030 with the representatives of the water district and I can't make that one. Perhaps someone else can make -it.. - Mr. Aiassa: I will make a point of being at the meeting, Councilman Barnes: I think we should set a date for a meeting with them as soon as possible. Mayor Mottinger: We should act in good faith with these people. We just want to be convinced that this is the thing to be done. I wonder if, in light of the rather pointed situation, wouldn't it be well to meet with them prior to that date? Councilman Brown: Any time, provided they have facts to present. We should also obtain some information on our own, Mr, Williams: We could ask for a report mentioning that we want to see not only facts and figures but before we start implementing a plan we want to see the entire plan. We don't only want to know the first step because when we take that first step we can't step back. Consequently, we want to know what the District - will do the first year, second, third, etc. Mayor Mottinger: I wonder.if Mr. Barnes could contact the people in the Upper San Gabriel Valley Water Association and see whether or not they feel they could present the proper kind of facts ,and then we can arrange a meeting at a future date. Councilman Pittenger: Mayor Mottinger: Mr, Aiassa: Let them come to us. Why don't you explain our position? If adequate engineering data is available we could examine them, Put it in the form of a letter addressed to them. It was the consensus that a letter be drawn up addressed to them asking for answers to various questions and if satisfied a meeting will be arranged, 1 C. C. 4-27-59 COUNCIL COMMITTEE REPORTS - continued Page Twenty -Five Councilman Browne I understand the assessment on' -vacant property in West Covina will go up approximately one-third this year. I.think it is about time that this City takes a stand on assessments while the sessions and registrations are going on in Sacramento. See if we can get something done. Maybe these increased assessments are justified but by the same token I think it is something we should dis- cuss with Quinn or Bonellio This is real serious. Another thing - The Vincent Avenue Bridge. It is progressing very slowly;, As a matter of fact, it is at a standstill now,: It looks like we are going to have to hire an appraiser to have, the property appraised. -It is going to be up to the Council to go ahead and decide whether we should take it by condemnation. I would like the City Manager to hire Mr.,Cox to make an appraisal of this property. Motion by Councilman Brown, seconded by Councilman Heath and carried that the City Manager be authorized to hire Mr. Cox to appraise the _.Hanef in property. Councilman Heath: I noticed in the Resolution concerning Co So Mead, North Citrus, that the Planning Commission passed a resolu-. tigna A think it was the feeling of the Council that we wanted -to. knock out that requirement of canopies. Do -we want to review this? Mayor Mottinger: Since the zoning ordinance is revised would it be required for us to refer this back to'the,Planning Commission? Mr, Williams: If this remains a condition of the Precise Plan, then even though it is in the ordinance that would be subject. Mayor Mottingero This was prepared at the same time we initiated the ordinance. Motion by Councilman Brown, seconded by Councilman Heath and carried that the matter of Precise Plan of Design No. 174 be called up for a public hearing. Councilman Heath: Can we have any information,on the statue of 1,58?, Mr, Williams: There is nothing 'OeW except that the other side has asked for an extension to May 4th and I have agreed to that so some time between now and May 4th they should file a rebuttal. i C. Co 4-27-59 Page Twenty —Six COUNCIL COMMITTEE REPORTS - continued Mr, Williams - continued: I also received a ;call from a Mr. Fairfield saying that he would give full cooperation if. we.wzsh to call upon him, Councilman Heath: I would like to see a Councilman or_ the Mayor or representatives of the City such as the Chamber of Commerce, and Mr,.Williams, to visit the Attorney General to shove him the importance of 158 to the City. This can be done and it would be a good move on our part. Mr, Williams: Mayor Mottinger: - Councilman Heath: Mr. Williams: That would be to talk to Stanley Mosk. I think it would be better to wait until we see what kind of rebuttal they make. Can I get a copy of this rebuttal? I will be glad to make a copy. • DEMANDS APPROVED Motion by Councilman Heath, seconded by Councilman Barnes that Demands in the amount of $86,158.50 as shown on Demand Sheets B-55, C-138, C-139 be approved. This to include fund transfers in the amount of $42,054.52. Motion passed on roll call as follows: Ayes: Councilmen Heath, Brown, Pittenger, Barnes, Mayor Mottinger Noes: None Absent: None Motion'by Councilman Heath, seconded by Councilman Pittenger and carried'that the office of Mayor be declared vacant. The City Clerk announced that nominations for Mayor were now open and Councilman Barnes'nomina.ted Councilman Heath,. Councilman Pittenger nominated Mr, Mottinger, Motion by Councilman Barnes, seconded by,Councilman Pittenger and carried that the nominations be closed. • Ballots were passed out among the Council and there was a confidential vote. i • C. C. 4-27-59 NOMINATIONS FOR MAYOR - continued Mr. Williams opened the ballots: Mottinger - 2 Heath - 2 Blank ballot - 1 Page Twenty -Seven Mr. Williams stated that -since no one was elected, the incumbent remains in office unless.you elect someone. Mr. Flotteno Do you wish to conduct a renomination campaign? Motion by Councilman Heath, seconded by Councilman Barnes that nomina- tions be reopened,. Councilman Pittenger nominated Councilman Brown. Councilman Barnes nominated Councilman Heath. Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that the nominations be closed. Ballots were passed out among the Council and there was a confidential vote. Mr. Williams opened the ballots: Brown - 3 Heath - 2 Mr. Brown was elected the official Mayor. Mayor Brown; I believe the Council has been very widely split and I hope I can pull i.t back together. I will not appoint any committees tonight. The City Clerk announced. -that nominations were open for Mayor Pro Tem. Councilman Heath nominated Mr. Mottinger. There were no further nomina- tins. Mr. Mottinger was elected Mayor Pro Tem. Mrs. Van Dame stated that she was certainly glad to see Mr. Brown elected Mayor. She also stated she didn't think Mr. Mottinger was quite strict enough, although she felt he did very well. S C. C. 4-27-59 Mrs. Van Dame asked several questions, such as: Page Twenty -Eight 1. When are you ever.go:ing to get a loud speaker system? 2. Whose choice ,was Mr. Renwick for the Planning Commission? Mayor Brown:. He was voted on and appointed because of his experience he has in matters of that kind. We feel that he was not above, but the top man. 3. I like Mr. Heath's discussion about the resuscitator, and I think there should be more than one for West.Covina because if someone calls for. it we should have another one available. 4. On. Saturday on. Stuart Street between Lark Ellen and Azusa there was water away up.over the curb. What can be done? 5. What.is meant by Urban Redevelopment? Mr. Aia.ssa: This is funds for advanced planning in this case. Mrs. Van Dame.stated that she heard the name Bennett again. Isn't there anyone else?.. Mayor Brown: Most of your planning consultants will run $100.00 a day or better. Mrs. Van Dame: As far as Mr. Nollac is concerned, I think he should be kept here in West Covina if there is anything that can be done to keep him here, even though it means an increase. Mr. Ernie LaBelle of the West Covina Chamber of Commerce stated that they have arranged..for a,West Covina night on May 12th, the night the Los Angeles Dodgers play...Philadelphia. The Mayor will be required to be at the. game and.to throw in the first ball. He also stated that he would take any orders for tickets that would be desired. He also offered his congratulations to the new Mayor of West Covina. There being.no further business, motion by Councilman Pittenger, seconded by Councilman Barnes, at 11:05 P. M., that the meeting be adjourned.