09-14-1959 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
September 14, 1959
The meeting was called to order by Mayor Pro Tem Mottinger at_
7:40 P. M. in the West Covina City Hall. The Pledge of Allegiance
was led by Councilman Barnes, with the invocation given by Rabbi
Halpern of the Citrus Valley Jewish Center,
RnT.T. rAT.T.
Present: Mayor Pro Tem Mottinger, Councilmen Heath,
. Pittenger, Barnes
Others Present: Mr.George Aiassa, City Manager
Mr. Robert Flotten, City Clerk
Mr, Harry Co Williams, City Attorney
Mr. Tom Dosh, Assistant Public Services Director
Mr. Malcolm Co Gerschler, Planning Coordinator
Absent: Mayor Jay Do Brown
• APPROVAL OF MINUTES
August 31, 1959 - Approved as corrected as follows:
Page .,.1 .- The third paragraph under the correction of the Minutes
of August 10, 1959 should read "Change of salary of
Traffic Engineer to Range 43t1 instead of "Range 3311, as
'indicated.
Page 2a - Councilman Barnes' statement should be changed to read
"the signs" instead of the word "them" in the fourth
line of the paragraph and further to read "fence post
in front of the sign on the south side of the dip"
instead of "post in the center of the road".
City Attorney.Williams: At your regular meeting of August 24,
1959, the Minutes indicated ordinances
introduced and then comments made as to
certain changes to be made later to reflect reduction in Tax District
2, to compensate for fire district tax, The ordinances were introduced
as written and changes were to be made after - which is illegal.
Secondly, the general tax rate must be the same in all portions of
the City. If there is more than one tax district the rate may be
different only to the extent of the tax to pay bonded indebtedness.
The general tax rate under the Constitution must be the same in all
parts of the City. The Minutes of August 31, 1959, Page 18, reflect
passage of both of these ordinances but due to the Minutes of
August 24th indicating that changes are to be made later it is uncertain
Ca Co 9-14-59
APPROVAL OF MINUTES - continued
City Attorney Williams - continued:
in what form the ordinances were passed. I would
ment to the motions to clarify that uncertainty on
August 31st Minutes in both cases.
Page Two
suggest an amend -
Page 18 of -.the
Motion by Councilman Pittenger, seconded by Councilman Heath, that'
the motion on the Second Reading of Ordinance No. 635 be amended to
read, after the worm "adopted":; as follows: "As originally intro-
duced and without any change". Motion passed on roll call as follows:
Ayes: Councilmen Heath, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes: None
Absent: Mayor Brown
Motion by Councilman Heath, -seconded by Councilman Pittenger, that
the motion on the Second Reading of Ordinance No. 636 be amended to
read, after the word "adopted", as follows: "As;originiily intro-
duced and without any change
Motion passed on roll call as follows:
Ayes: Councilmen Heath, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes: None
Absent: Mayor Brown
Motion by Councilman Pittenger, seconded by Councilman Barnes and
carried that the Minutes of August 31, 1959 be approved-as.:changod°e.,;
Motion by Councilman Pittengerg seconded by Councilman Barnes and
carried thbtt the. City Clerk certify to the introduction and passage
of Ordinandes No. 635 and No. 636 in the form originally submitted
and without any change, showing a general tax of eighty-two cents in
both Taxation District 1 and Taxation District 2, and that he be
instructed to republish the Ordinance correctly and send a corrected
copy to theCounty of Los Angeles.
CITY CLERK'S REPORTS
PRECKSE PLAN NOo 112 .
Accept Stkoet improvements
(Douglas Oil Company)
APPROVED
LOCATION: Northeast corner of California
Avenue and Walnut Creek Parkway.
Accept street improvements and author-
ize release of Aetna Casualty and
Surety Company Bond No. 33-S-40666 in
the amount of $10,000.00.
Motion by Councilman Pittenger, seconded by Councilman Barnes and
carried that street improvements in Precise Plan No. 112 be accepted
and authorization be given for the release of Aetna Casualty and
Surety Z;ompany Bond No. 33-S-40666 in the amount of $10,000.00.
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Page Three
PRECISE PLAN NO. 112 - continued
otion b M Councilman Pitten er seconded b . g y Councilman Barnes -and
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carried that street improvements in Precise Plan No. 112 be accepted
and authorization be given for the release of Aetna Casualty and
Surety Company Bond No. 33-S-40666 in the amount of $10,.000,00,
TRACT NO. 22781
Accept Street -,Improvements
(Henney Construction Co,)
APPROVED
LOCATION. Northwest corner of.Mereed
Avenue and Van Horn Avenue...
Accept street improvements.' (Work com-
pleted July 28, 1956.- no bond to
release. Improvements installed with
Tract No. 20834)o
City Clerk Flotten indicated that this was held up until improvements.
were put in on a small section of Merced Avenue which was done in
conjunction with the subdivision across the street.
To the question of Councilman Heath in that there was no .bond to.
release on this, City Manager Aiassa indicated that the original bond
for this was included with the improvements for the larger subdivision.
To the question of Mayor Pro Tem Mottinger as to this being held.up,
.for street signs and had that been done, Mro Dosh indicated that he�
did not believe it was this particular tract regarding street signs.
Motion by Councilman.Barnes, seconded by Councilman Pittenger and
carried that street improvements in Tract No. 22781 be accepted,
PRECISE PLAN NO, 39 LOCATION. Southeast corner of :Rowland,
Accept Street Improvements and Azusa Avenues.
(Charles W. Varney)
APPROVED Accept street improvements and authorize,
release of United States FideAty and
Guaranty Company Bond in the amount.of .
$4,000.00 for street improvements. (Texaco Station site only)
Motion by Councilman Pittenger, seconded by Councilman Heath and
carried that street improvements in Precise Plan No. 39 be accepted
and authorization given for the release of United States Fidelity and
Guaranty Company Bond in the amount of $4,000.00.
City Clerk Flotten. In relation to the next two items on the
Agenda, items four and five, there is
some question as to whether we should
proceed on this and we wanted some clarification from the -City Attorney,
as to the acceptance of deed, which is Item 5,and the acceptance of the._
bond, which is Item 4.
City Attorney Williams., If the City accepts the deed and the
bond at the same time, it assumes the
responsibility of the land, However,
you may accept the deed but not r&tbrd it until the improvements are
on the property.
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Page Four
PRECISE PLAN NO, 39 - continued
°1 t h thi r order could
To a question by a member of Counci as o ow s grope
or would be insured, the City Attorney indicated that there is written
into the body of the.Resolution that which would indicate that the
deed is recorded upon the completion of the improvements.
RESOLUTION NO, 1656
Precise Plan No, 184
(Home Oi1,Company)
ADOPTED
LOCATION. Northeast corner of
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF -WEST COVhN-A ACCEPTING,A.
CERTAIN WRITTEN INSTRUMENT'AND.DIRTCTING
THE''RECORDATION THEREOF".
Glendora Avenue and Walnut Creek Parkway.
Accept Grant Deed for street, highway and alley purposes, (for widen-
ing of Glendora Avenue,, Service Road and alley).
Mayor Pro Tem 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, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes. None
Absent, Mayor Brown
Said Resolution was given No, 1656
RESOLUTION NO. 1657 -The City Clerk presented:
Precise Plan No, 184 "A RESOLUTION OF THE CITY COUNCIL OF
(Home Oil Company) THE CITY OF WEST COVINA APPROVING A
ADOPTED BOND TO GUARANTEE THE COST OF CERTAIN
IMPROVEMENTS AND TIME OF COMPLETION
IN PRECISE PLAN NO, 184 IN SAID CITY".'
LOCATION. Northeast corner of Glendora Avenue and Walnut Creek Parkwiy.o
Accept United Pacific Insurance Company Bond No, B-38398 in the amotiint
of $3,500.00 for,Street and Alley Improvements.
Mayor Pro Tem Mottinger. Hearing no objections, we will waive
further reading of the body of the
Resolution,
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RESOLUTION NO, 165.7 - continued
Votioan y Councilman Heath, seconded by Councilman Pittenger, that
s&id Resolution be adopted. Motion passed on roll call as follows:
A-s: Councilmen Heath, Pittenger, Barnes, Mayor Pro Tem Mottinger
fteso None
Absent: Mayor Brown _
Said Resolution was given No. 1657
TRACT .NOb...24504 LOCATION: South of Rowland Avenue, west
Time Extension to File of Homerest Avenue.
Final Map(L. R.
'( ieselmaaa) Extend time to duly 14, 1960. City
HELD OVER Engineer's report and rec.ommendationso'
The City Clerk presented and read the report and recommendations of.
the City Engineer which indicated that the request be granted, subject
to the approval of the City Attorney, with the additional requirements,
of sidewalks along Homerest Avenue being made due to the difficulty
the City is having in relation to children going to Pioneer School,
Mayor Pro Tem Mottinger questioned as to whether additional requir.ements,.
can be imposed, which would be in relation to sidewalks.
City Attorney Williams: Strictly construed you cannot grant an
extension at this time as once.the
year has expired the proceedings are
dead and only can be revived by filing a new subdivision tentative map..
Once the original time has expired, or the time it has been extended
expires, the validity of that map is gone and they have to file a new
one, If'there was no change made and you granted an extension it could
possibly go through but with a change it would be necessary to refileo
If you granted an extension with sidewalks to be put in it may not run 4.
into difficulty but technically.it is dead.
Mayor Pro Tem Mottinger- The map is expired so far as we are
concerned, so unless positive action is
taken we cannot require sidewalks., but
if -we -do not approve the extension he has to file a new map,;
City Manager Aiassao If he has to refile a new map it will
have to be processed through the Planning.
Commission again as a new map. We can
hold this matter over and see if he can file his final map by our next
regular meeting.
Mayor Pro Tem Mottinger: I.wonder if the City Manager would in-
-vestigate to see if this matter could be
worked gout in a practica�� way
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TRACT NO. 24504 - continued
Page Six
Motion by Councilman Barnes, seconded by Councilman Heath and carried
that the extension of time to file final map on Tract No, 24504 be held
over until the next regular meeting of Council, at which time recommen-
dations will be given by the City Manager relative to this matter,
SCHEDULED MATTERS
BIDS
PROJECT NO, C-194 LOCATION.: Section of Service Avenue,
BID AWARDED between Evanwood Avenue -and Walnut
(Warren-S.outhwest,Inc.): Creek Wash.
Street Improvements.
The bids were opened, as advertised, in the office of the City Clerk
at 10.00 A. Ma, Thursday, September 19,,1959,,and referred to the
City Engineer for review and recommendation.
The bids received were as follows:
WARREN -SOUTHWEST, INC. $ 3,3.50
CROWELL & LARSON 3,469.80
• SULLY -MILLER -..CONTRACTING CO. 4., 7250.58 .
-GRIFFITH COMPANY: 49766.00
City Clerk Flotten stated that at the meeting on August 24, 1959 of
the City Council the Plans `and Specifications were approved for this
project and the City Engineer was authorized to call for bids. The
recommendation of the City Engineer is for the award of the bid to go
to Warren -Southwest, Inc. as the lowest responsible bidder.
Motion by Councilman Pittenger, seconded by Councilman Heath, that
the award of bid on Project C-104 go to Warren -Southwest, Inco,'as
the lowest responsible bidder in the amount of $3;183a50 and that all
other bids and bid bonds be returned to the unsuccessful bidders,
Motion passed on roll call as follows:
Ayes: Councilmen Heath,
Noes: None
Absent: Mayor Brown
HEARINGS
AMENDMENT TO PRECISE PLAN
OF DESIGN NO, 177
(Kit Construction Co.)
HELD OVER
Pittenger, Barnes, Mayor Pro Tem Mottinger
LOCATION: North side of Garvey Avenue,
between Meadow Road and Mockingbird Lane.
Request for adoption of Amendment to
the Precise Plan of Design approved by
Planning Commission Resolution No. 793.
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Ca'`'C.e 9-14-59
PRECISE PLAN NO. 177 - continued
Page Seven
Maps were presented by the City Clerk who stated that the record
should show that the City has proof of publication of the notice of
this hearing in the West Covina Tribune of September 3, 1959.
Resolution No. 793 of the Planning Commission, approving this amend-
ment to the Precise Plan, was read by the City Clerk.
Mayor Pro Tem Mottinger opened the public hearing.
There being no testimony presented, the hearing was declared closed.
Councilman Heath: The Planning Commission had quite a bit
of discussion on this and H61d the
Precise Plan'overo They had various
questions relating to it, some of which have been remedied, and you
can see the changes made on the marked map, .
Originally, when this plan'was presented it showed the parking as on
the original print, of two cars side by side in back of the garages.
However, the Fire Chief objected to this because he desired 5-feet
between cars to allow the minimum room to'take fire hoses through in
case of an emergencyo The Precise Plan was changed to move one car
to the extreme sides of the yard instead of side by side. This would
give proper clearance between cars as requested by the Fire Chief,
This is not the beet arrangement inthe world but it meets the Fire
Chief°s requirements.
They also have cut the garages from 9-feet to'8J-feet and that accumu-
lhtion of 6 inches on each garage has been added to the. center
entrance to change it to 18-feet. The discussion was, these parking
spaces behind the garages were inconvenient, if not inaccessible, -
the question being that a car coming into thisi.,18-foo.t._opening and
making a turn to the left or to the right to go to the extreme parking
position could not possibly make that maneuver if a car had parked
in the space nearest the apartments. Also, for either of the cars
on the left or on the right to come out of this 18-foot alley they
would have to back up through the alley, and if a car was already in
the alley it would be almost impossible for thew, to swing and go out
the 18:-foot alley.
The Planning Commission made a trip to take a look at. .this area and
when they arrived there it was just coincidence that .there was a car
parked in the center of the 18®foot alley at isimilar`''apartment so
that no cars could get in or out and there was also a large refuse
box blocking the rest of the alley.
Mayor Pro Tem Mottinger: You have made a study of this, do you
think it can go forward the way it
was amended?
Councilman Heath- I do not think so.as I:.,do not think, the
plan is feasible, I do not think it
can be possible'to maneuver the turn to
go to the far extreme when other cars are parked near the buildings,
Co Co 9-14-59 Page Sight
PRECISE PLAN NO, 177 - continued
Councilman Pittenger, Was that a 12-foot approach that the
Planning Commission saw that night?
Councilman death: Perhaps it wasn't 18-feet but I think
it was more than 12-feet.
Councilman Pittenger: I was wonderink.if.-it.-was:.18 feet whether
a car could back up and go through,
unless, of course, it is blocked through
other means.
Councilman Neatho I would say the car was 7-feet and the
refuse box about 4-feet, and there was
still some clearance, so I would say
the alley was more than 12-feet, possibly closer to 16-feet wide.
Councilman Pittenger-, 18-feet would seem an ample width to
get in or out, although whether you can
maneuver when you get back there or not
is another thing, and also whether they keep it free. If they keep
cars pakk*4 in the alley, that is no good.
Councilman Beath. If a car came into the alley to make a
• turn, right or left, and there was a
car parking newt to the buildings, I
doubt if a man could make the turn and get close enough to the
garage where he should be. There are -parking spaces in relation to
apartments but I think that parking spaces should not be thrown in
any old way to meet standards, they should be made into a useable
plan, and looking at an apartment which has a 15 or 16 foot driveway
-t-f '1_drove my car into the back I doubt if I could get my car into
this space over here.
Mayoi Pro Tem Mottingero This development was approved prior to
the setting up of our recent changes in
R-3 zoning, which requires more parking
spaces, Would it be fair for us to require more than his neighbors
have gotten?
'Councilman Beath. I do not think we are requiring more,
we are requiring the same amount of
parking spaces but requiring a useable
plan. The fact that we have had plans that are not too useable j do
not think means we should have another one.
Councilman Barnes: I looked at the existing plan and like
Councilman Heath says there is little
room to negotiate a turn and if a car
is parked, I doubt if you could get a car in the backo I hate to
see this garage room cut down to 8j-feet- There were some cars in an
existing apartment house area which were parked at an angle and I do
not think any other cars could get in. I would rather see it wider
rather than cutting it down in width.
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Co Co 9-14-59
PRECISE PLAN NO. 177 - continued
Page Nine
Councilman Pittenger: I think there are good points -made and
I have seen this area also, so I.can
agree with the points made. I think,
though, that we should remember that we owe this man as much as we
previously granted. In the new requirement of 1-3/4 parking spaces -
I am wondering with this same idea if yoU couldn°.t,get better circula-
tion, although maybe he can't do it, but that center alley makes it
difficult. If he had a way to'.get in and out and park easily it would
be better. I think he has enough room but that this is not arranged
correctly, but if it meets specifications maybe we can't tell him how
to arrange it but perhaps we can suggest in order to help him allevi-
ate a possible situation.
Councilman Heath° We are not asking for any more than
previously asked, - parking spaces
are one per unit, and we are not asking
beyond one for one. However, the fact that a similar plan has been
granted and a mistake made in one case shouldn't mean we must go on
making such mistakes over and over again.
Mayor Pro Tem Mottingero
the problem that has been
it may be possible to turn
four rows in here - it may
Perhaps we should hold this up and ask
for recommendations from the Planning
Department to see if they might answer
raised here. I would possibly suggest that
these garages at 90 degree angles to get
fit.
Motion by Councilman Heath, seconded,by Councilman Barnes and carried
that Amentment to Precise Plan of Design No. 177 be held over pending
recommendation from the Planning Department relative to the discussion
by Council regarding parking.
INSTALLATION OF SANITARY Hearing of protests to forming 1911
SEWERS Act Assessment District to cover
District A111-58-2 installation of sanitary sewers in the-
Ardilla Avenue and Ituni Street Sewer
District.
Set for hearing on this date by Resolution of Intention No. 1646 passed
by the City Council at their regular meeting of August 10, 1959.
Mayor Pro Tem Mottingera The hour of 8000 o'clock having arrived,
this is the time and place for the
hearing of protests and objections
against the improvement of Ituni Street and other streets in the City
of West Covina as described in Resolution of Intention No. 1646.
Mr. City clerk, do you have the affidavits of Publication, Posting
and Mailiiag relative to this hearing?
City Clerk Flotteno
I have the affidavits.
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Co C., 9-14-59
DISTRICT A111-58-2 - continued
Mayor Pro Tem Mottinger:
Page Ten
I will entertain a motion to receive
and file the affidavits.
Motion by Councilman Heath, seconded by Councilman Barnes and carried
that the affidavits of Publication, Posting and Mailing relative to
this hearing be received and filed for the record,
Mayor Pro Tem Mottinger-. Mr. City Clerk, have you received any
written protests or objections against
the proposed improvements?
City Cleric Flotten: I have received no protests, written
or oral
Mayor Pro Tem Mottinger-. Is there anyone present in the audience
who wishes to protest this matter of
sanitary sewers?
There were no protests forthcoming.
Mayor Pro Tem Mottinger: Since there are no protests I would
entertain a motion that this public
hearing be closed.
Motion by Councilman Barnes, seconded by Councilman Pittenger and
carried that the hearing of protests or objections relative to the
installation of sanitary sewers in.District A811-58-2 be closed,
RESOLUTION NO, 1658 The City Clerk presented:
Ordering work to be done "A RESOLUTION OF THE CITY COUNCIL OF
in Sever District THE CITY OF WEST COVINA ORDERING WORD
Ag11-58-2 TO BE DONE ON ITUNI STREET AND OTHER
ADOPTED STREETS IN ACCORDANCE WITH RESOLUTION
OF INTENTION NO. 1646 (AA11-58-2)
Mayor Pro Tem Mottinger: Hearing no objections, we will waive
further reading of the body of the
Resolution.
Motion by Councilmen Pittenger, seconded by Councilman Heath, that
said Resolution be adopted. Motion passed on roll call as follows:
Ayes-. Councilmen Heath, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes: None
Absent: Mayor Brown
Said Resolution was given No. 1658,
Co Co 9-14-59
INSTALLATION OF SANITARY
SEWERS -
District A111-56-7
Page Eleven
Hearing of protests or objections to
the confirmation of assessments to
cover the installation of sanitary
sewers in the Thelborn Street, Toland
Avenue and Osborn Avenue Sewer District.
Set for hearing this date in the "Notice of Filing Assessment and
Diagram" dated August 24, 1959.
Mayor Pro Tem Mottingero The hour of 8000 o'clock P. M. having
arrived, this is the time and place
for hearing protests or objections
against the assessment for improvement of Thelborn Street and others
in the City of West Covina.
Mr. City City Clerk, do you have the affidavits of Publication, Post-
ing and Mailing relative to this hearing?
City Clerk Flotteno I have the affidavits.
Mayor Pro Tem Mottingero I will.entertain a motion to receive
and file the: affidavits.
Motion by Councilman Barnes, seconded by Councilman Heath and carried
• that the affidavits of Publication, Posting and Mailing relative to
this hearing be received and filed for the record.
Mayor Pro Tem Mottingero Mr. City Clerk, have you received any
written protests or objections against
the assessment, the improvements as
constructed, or the proceedings?
City Clerk Flotteno We have received one written protest
from Richard A. Smith..of 1243 E. Shamwood
Street, west Covina, relative to Assess-
ment No. 97 on Lot 43 and westerly' half of Lot 42 in Tract No, 16738.
in Sewer Assessment District No. 56-7.
The protest was presented and read as follows.
"I wish to protest the assessment of $372.69 on the subject land for
sewer assessment. The home next door is assessed only $248o86,
"At the time the petition was presented requesting the City to provide
sewers, I asked how the assessments would be made and was told that
they would be made on a 'usage' basis and not on a 'front foot' basis -
It does not seem equitable to me that the assessment be made on-a.'fibnt
foot basis as it does not seem that my single family residence will
receive any more or any less benefit from the sewer line than any of
the other homes, and yet, I am assessed half again as much as my next
door neighbor.
Co Co 9-14-59 Page Twelve
DISTRICT A111-56-7 - continued
Letter of protest - continued,
"If the assessments are to be made on a 'usage' basis, it would seem
fair to assess each home an equal amount, and not on -an arbitrary
'front foot' basis. If it is desired to be more accurate, why not
assess so much per bathroom or per square foot of house or on the
average amount of water usedo These other alternatives would appear
to be more equitable than a 'front foot' basis, although it would
seem that a straight so much per home would truly be the most reason-
able and also the most practicable.
"If the argument is raised that it costs more to run a sewer line for
a greater footage and thexf®re the owner of the frontage should pay
more, this is not in consonence with the philosophy assessift on a
'usage' basis. Also, this philosophy is not followed in that the
owner of a corner lot is only assessed on his narrowest street frontage,
and not on his total frontage, In all fairness,the same policy..
should be .followed for all, Either the corner lot owner should be
assessed on all his street frontage or the owner of a home with,a
wider frontage should be assessed no more than other owners,
teIn view of the above discussion, I request that my assessment be re-
duced to $248,86, the same as my newt door neighbor.
• (Signed) RichardAo 'Smith"
Mayor Pro Tem Mottinger. Does anyone wish to speak in behalf.of
this protest?
Mr. Richard A. Smith
1243 East Shamwood I believe the communication has covered
West Covina most of my thinking in relation to this
matter but I will answer any questions
the Councilupy have in regard to this.
City Clerk Flotten. This matter was referred to our Assess-
ment Enginer, Mr. Thompson. He is
unable to be present this evening but
we have the following communication from him regarding this matter. -
"The owner of Lot 43 and the west 30' of Lot 42 is the owner of 90-feet
on Shamwood Street. He is protesting the payment of an assessment on
90-feet of frontage as against his neighbor, who has 60-feet of front-
age. He says that he was informed that the assessment would be levied
on a usage basis.
"All.assessments of this kind in Southern California cities are made
on a frontage foot basis. It is felt that the owner of large parcels
of property, as against owners of a small parcel of property, should
pay his assessment accordingly. Property values, the property taxes,
etc., are all based on area and its property, and it is in keeping
with the benefit that each property owner pay according to the front-
age which he or she owns.
Co Co 9-14-59
DSITHICT A'1-1-56-7 - continued
Letter from Assessment Engineer,
Page Thirteen
Thompson - continued:
"In my opinion, the assessment as levied is correct, is proper,
and has been levied in keeping with benefit as required by law, and
I further recommend that the protest be denied."
Mr, Smith: ! If this frontage basis is the way it
is done, how would you figure it on a
cul-de-sac street in which some lots
are very narrow at the end of the street while those lots.on the
straight section are larger?
City Manager Aiassa: The cul-de-sac street is one of the
' areas that have to`�be averaged out,
Mayor Pro Tem Mottinger: The cul-de-sac street is averaged out
and we have to take an average in
those cases and I believe that is the
only type of case that is worked out in that manner.
Since there are no further protests, I would entertain a motion that
the hearing be closed,
• Motion by Councilman Barnes, seconded by Councilman Pittenger; and
carried, that the hearing of protests and objeptions against assess-
ments to cover sewer installation in District A011-56-7 be closed.
Mayor Pro Tem Mottinger: I believe at this time there should be
the matter of discussion to over -ride
the protest or else to determine what
might be accomplished on this matter.
Councilman Pittenger: Mr. Smith, who gave you the impression
that this was to be assessed on a
"use basis"?
�Mro Smith: The person who brought the petition
around, although I will admit I should
have checked on that'Tacto However, I
asked that particular question and was told it was on a usage basis.
However, why isn't a corner lot assessed for both sides?
Mr. Dosh: . The manner in which a corner lot is
assessed is based on the extension of
the front and side -lot lines to give
a projected front footage.
Motion by Councilman Pittenger, seconded by Councilman Barnes and
carried that the protest on the assessment to cover the installation
of sanitary sewers in District A111-56-7 be denied.
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Co Co 9-14-59
DISTRICT A°11-56-7 - continued
RESOLUTION NO. 1659
Confirming the assessment
for improvement in
Sanitary Sewer District
No. A911-56-7
ADOPTED
Mayor Pro Tem Mottingero
Page Fourteen
The City Clerk presented.-
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA CONFIRMING
ASSESSMENT FOR IMPROYFMENT OF 1°NELBORN
STREET AND OTHERS IN.DISTRICT AB11-56-7190
Hearing no objections, we will waive
further reading of the body of the
Resolution.
Motion by Councilman Barnes, seconded by Councilman Heath, that said
Resolution be adopted."
Motiorj, passed on roll call as follows-.
Ayes.- Councilmen Heath, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes. None
Absent, Mayor Brown
Said Resolution was given No, 1659
COMMUNICATIONS FROM THE
AUDIENCE
SANITARY SEWER DISTRICT LOCATION.- Cortez Street, Hollenbdck
A111-57-5 and Vanderhoof Drive Sewer District.
REFER TO MR. DOSH
Mr. R. Mattier
733 Lupin Lane
West Covina The Main problem is that this petition
was initiated in 1957, filed and
certified in 1958 and the original
construction was indicated for June of that year. Then it was changed
to November of this year and now we understand that it is going in
February of next year. In the interim the construction costs keep
going up and we are having a,_;great deal of trouble with our septic
tanks. This is the second largest district in West Covina and we are
wondering why we can't have this done immediately. We are suffering
two -fold, the rising cost of construction and the problem we are
having with our septic tanks.
We would like to know what we might do to expedite this matter and
would like some information on this relative to some concrete informa-
tion as to when this will start.
Co Co 9-14-59
Page Fifteen
DISTRICT A'11-57-5 - continued
City Manager Aiassa.. It might be well to have the spokesman for this
area meet with Mr. Dosh on this matter.
Councilman Heath. We have heard this so many -times. I-, myself,
pleaded not so long ago for our own.districto At.
that time we thought we would -investigate this
and try to cut corners some way but I have never heard any results of -how .
we could cut corners. I think this is ridiculous to have this going as
long as this. Mine went a long time when the people needed these sewers
badly, At that time we were going to sub -contract out to private industry.
and maybe we are not doing enough of it.
City Manager Aiassa- We are doing that.
Councilman Heath. Maybe there aren't enough private contractors.
City Manager Aiassa. That is somewhat true and there is also much to be
done in these mat-te-rs.as to legal requirements,etco
We :are doing :it the hardest ways:. which is. through the ,1911 .act..procedure
Councilman Pittenger- We are trying to make it large enough to alleviate
as much of a financial burden on property owners
as we can, If areas were smaller it might be faster but it would make the,
financial burden difficult. Also, there are many sections in the center
of areas which did not send back their petitions and yet around them therms
•was a great need. However, we have tried to put these together to make i:t
practical and economical and get districts tied together to keep the cost
down.
Councilman Heath- I am talking about after Council approval in that
it still seems to take 15 to 18 months to start...
I should think there must:be some way to cut corners,
City Manager Aiassa- There might be`several houses in a district which
have a bad sewer condition constantly but you
have to lay out the whole master district and in addition, at City Council.
instruction, integrate small areas that might make islands. This takes
time and manpower to do, If you could only take care of the people who
were in real trouble it would be good, but you have to consider.the entire
project as a whole.
Mr. W. Ackner
2309 Evergreen Avenue
West Covina
to complete, Also, there
City' Manager Aiassa.
Mr.
I reactivated the petition and circulated it and
secured ample names and that was in April, 1958'a;
I recently called Mr. Russell and understood that
now thin wasn't contemplated going in until Feb-`
ruary, 1960 and then it would take some 6 months'
were some others added to this area.
This addition was at the request of City Council
as they didn't want to leave islands.or bottle-
necks.
Ackner- We were glad to have them come in but we certainly
don't like the idea of that holding us up. It
will be two years, or more, before this thing
looks like it will be completed.
Ca Ca 9-14-59
CITY CLERK'S REPORTS - CONTINUED
DISTRICT A°11-58-3
SANITARY SEWER. DISTRICT
Report of Los Angeles County
Health Office and instruction
of City Engineer to proceed
accordingly
APPROVED
t
Page Sixteen
LOCATION,- Baymar Street and Norma
Avenue. Sewer District.
The report of the County of Los Angeles
Health Officer was.submitted and the
recommendation was for the acceptance
of the report and that the City
Engineer be authorized to proceed pur-
suant to the provisions of Section
2808, Division 4, of the Streets and
Highways Code.
The report of the health Officer stated as follows,-
"RECOMMENDATION, -
_'-fANALYS I S,-
It is respectfully recommended that
sanitary sewers be installed in this
district.
On November 3
recommended t
that sanitary
this District as a measure necessary to the
• Since that date, an alteration has been made
proposed sanitary sewer district, namely the
tr;al .area bounded as follows.- North by . the
east by Citrus Street, south by Walnut Creek
Hollenbeck Street,
, 1958, this Department
o your Honorable Council
sewers be installed in
protection of public health°
in the boundaries of this.
addition of the residen-
San Bernardino Freeway,
Parkway and west by
"This Department has made an investigation of the additional area as
described above. During" the course of this investigation, 37 house -to -
house calls were made. Of this number.11 occupants were -not at home
or did not answer the door. Of -the 26 property owners or tenants
actually contacted, 15 or 51,,6� reported having experienced trouble
with theii individual subafirfacer:sewage disposal systems. They com-
plained that the systems filled up. -causing raw sewage to back up into
the house plumbing fixtures or,to overflow onto the surface of the
ground. Also, that frequent pumping and cleaning out of the seepage
pits was necessary.
"In view of our original survey, which revealed that out of 56 property
owners or tenants actually contacted 29 or 51.7% had experienced
sewage disposal troubles, And also our latest survey, I, the under-
signed Health Officer of the County of Los Angeles, having been offi-
cially designated by the City Council of the City of West Covina to
perform public health services for the City of West Covina, do hereby
again recommend that proceedings be instituted at once for the
installation of sanitary sewers in the Baymar Street and Norma Avenue
Sanitary Sewer District, City of West Covina, as an improvement neces-
sary to the..,protection of: 'public health. This recommendation is made
pursuant to the provisions of Section 2808 of the Streets and Highways
Code.
Roy Oa Gilber't", Mo Da
Health Of f icy`°"
E
Co C, 9-14,-59
Page Seventeen
DISTRICT A'11-58-3 - continued
Motion by Councilman Heath, seconded=by Councilman Pittenger and
carried that the report of the Los Angeles County Health Officer
accepted and spread in full upon the Minutes and that the City
Engineer be instructed to proceed pursuant to the provisions of
Section 2808, Division 4, of the Streets and Highways Code.
RESOLUTION NO, 1660
Determining that the
construction of sanitary
sewers is necessary in
District A°11-58-3
ADOPTED
Mayor Pro Tem Mottinger:
be
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA DETERMINING
THAT THE CONSTRUCTION OF SANITARY
SEWERS IS NECESSARY AS A HEALTH MEASURE
IN THE BAYMAR STREET AND NORMA AVENUE
SEWER DISTRICT."
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, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes. None ,
Absent. Mayor Brown
Said Resolution was given No. 1660
RESOLUTION NO,. LOCATION. Vine and Glendora Avenues
Accepting Sewer Bond (Von's Market)
HELD OVER UNTIL NEXT
REGULAR MEETING Precise Plan No. 13, Accept the
United Pacific Insurance Company's
Bond No. B-53571 in the amount of
$5,245.00 for sewer improvements.
The City Clerk requested that this matter be held over until the
next regular meeting of the Council pending the clarifications of the
records relative to the deed on this property.
It was consensus this be done.
Mayor Pro Tem Mottinger called a recess,
9:10 Po M.
Council reconvened at
•
Co Ca 9-14-59
Page Eighteen
AMENDING CONDITION IN THE Resolution No. 791 of the Planning,
ADOPTION OF PRECISE PLAN Commission -recommending the -amendment
OF DESIGN NO. 124 REGARDING to Precise Plan of Design No. 124
PARKING REQUIREMENTS
APPROVED AS RECOMMENDED, LOCATION. Nest of Barranca Street,
PLUS STIPULATIONS near Walnut Creek Wash.
Held over from meeting of August 24, 1959 for study session and
Council decision at meeting of September 14, 1959.
The City Clerk presented and read Resolution No. 791 of the Planning
Commission.
Councilman Barnes. I thought we were going to study this
in a study session but.we did not get
a chance. However, I feel that if we
do not develop this parking in front of these apartments now, that it
will be pretty difficult at some later date to get this parking put
in if it is found to be necessary, particularly after shrubbery and
lawn is planted -- even though they agree,they.will do it if parking
should prove necessary. I feel it will only bring in appeals by the
owners to not put in this parking.
• The reason I called this up is that we have adopted this R-3 develop-
ment and the way each type of R-3 should be developed in a specific
area. If we are going to make such rules we should stick by them_
and I feel that even with the parking required.they can landscape
and beautify it just as wello If we reduced the parking, we will
have other requests and I.do not feel it should be done. .
Councilman Heath., I think that is a good point and I'
think it is true. If, you deviate here.
and there you are going to establish
a precedent and then our requirements of 1-3/4 parking spaces to one
unit means nothing,
Councilman Pittenger: I am not entirely convinced that the
1-3/4 to one ratio is the right one,
here or anywhere else. It is desirable
if you have ample room but here, this man is not being excused from
this ratio because he is asking to beautify this area but that perhaps
the 1-1/4 ratio is enough and if it is not he is willing to tear his.
landscaping out. Actually, he would be ahead financially if he -.went
right ahead and put in the parking. I.think to follow this'recommenda-
tion would help the appearance of it from the hill surroundings,, I.
think he can landscape the area without it but I also believe he can
have a better looking job without this parking.
Councilman Heath.- I grant it might make a -better looking
.job but by giving this we are admitting,
openly, that our parking regulations
are too stringent and they should be reduced.
Co Co 9-14-59 Page Nineteen
AMENDMENT TO PRECISE PLAN NO. 124 - continued
Councilman Pittenger- Maybe they should be reduced, I am
not sure that they are righto
Councilman Heath-, If that is the case, go of for that
change then before you permit this
request.
Councilman Pittenger- I believe this could be a good test .
case, We can say we'll grant him the
1-1/4 spaces but that he will have to
provide space and correct it if it is found the 1-3/4 is necessary,
Councilman Heath- Why did the Planning Department.ask
for 1-3/4 spaces?
Mayor Pro Tem Mottinger-, The Planning Commission is giving them
a stay of execution, so to speak,
relative to the parking lots in the
front. Is that really enforceable to go back in later and say they
are to put in parking places?
City Attorney Williams-, It would be -the same as the passage
of any other conditions of Precise Plan
if they failed to provide parking
• after an order by the Planning Commission. If the Planning Commission
asks them to put in parking and they do not do it, it is just as if
they did not put in parking in the first place.
Councilman Heath- If it was stipulated that the lands-
caping be taken out and parking put
in, at some later time, would the
Planning Commission have to justify their request at that time?
City Attorney Williams: They would have to make a finding
that parking is required by the tenants
and guests and that is the finding on
anyone where you require parking.
Councilman Heath: If we permit this at this time and go
along with it say for a year, using
this as a test,and at the end of the
year find we need 1-3/4 spaces due to the way other apartments are
working out, would we have to prove we need parking and prove it
beyond a doubt?
City Attorney Williams-
%, I applicant to prove the City is
The burden of proof is not on the
City, they must jug make a finding,
but the burden of proof is on .the
incorrect.
%I
•
C. C. 9-14-59 Page Twenty
AMENDMENT TO PRECISE PLAN NO. 124 - continued
Councilman Barnes: There was quite a bit of study made on
this R-3 and all agreed the parking
stipulations were necessary. I_think
they help toward good development rather than hinder it in this
respect. If there is adequate parking residents will park in the
parking lot rather than on the street, and if not we are inviting
trouble. There was a lot of study that went into this ordinance and I
think we should hold to 1-3/4 parking until there is considerable
study to prove this wrong. Perhaps we can put more lenient limits
on but I do not think, in this case, it should be changed.
Councilman Pittenger: It is true that we have studied this
but we .still do not know if the 1-3/4
ratio is right or whether the 1-1/4
ratio is too lenient. I think we could make a test case here which
would help to make this foolproof and it is a wonderful opportunity.
You could say let this go 'for six months or a year and find whether
1-1/4 is ample or 1-3/4 is more than ample and then go on from there.
Councilman Heath:
find they do not need the
the true test.
Councilman Barnes:
Councilman Pittenger:
Councilman Heath:
You could make a test case by not
eliminating the parking but with the
correct amount of parking and if they
1-3/4 ratio then cut it down and that is
The developer is naturally going to
protest if he has to take the landscap-
ing out.
There is no basis for argument if the
City says to take it out and put in
parking, he will have to take it out.
What gave us the-1-3/4 ratio?
Mr. Gerschler: It would take a couple of hours to go
completely into that matter but we
were convinced that the 1-3/4 ratio
would be necessary in the better apartment houses that are built in
R-3b district. From a study made,in the County it was found that
the need for parking spaces is greater the closer to town the apart-
ment is and a lesser need as you move out. How fast this trend is
radiating out we do not know. It is obvious that the 1-1/2 or 1-1/4
ratio is meeting demands. One space, we know, isn't enough but 1-1/4
to 1-1/2 seems to do it'.
This recommendtion of the Commission was only to forestall the con-
struction of this parking area until it was absolutely necessary,
if at all. Until the law is tried and proven, and so long as you
are not giving up anything in the way of control over it, we felt
that reasonableness should possibly have the upper hand.
C,.Co.9-14-59 Page Twenty -One
AMENDMENT.TO.PRECISE PLAN NO, 124 - continued
Motion by Councilman Pittenger, seconded -by Councilman Barnes and
carried, that the -Amendment to Precise Plan of Design No. 124,
regarding parking requirements, be approved subject to the conditions
imposed by the Planning Commission, with the further provision that
the full parking be provided within 60 days after either the City
Council or the Planning Commission shall advise that the full amount
of parking of 1-3/4 spaces shall be provided.
METES AND BOUNDS LOCATION: West side of Citrus Street,
SUBDIVISION NO, 135-159 north of Lark Hill Drive.
(Co L. Mossberg)
APPROVED 1/3 Acres - 2 Lots - Area District III
Recommended for approval by t4v -
Planning Commission at theJr regular
meeting of September 2, 1959.
There was discussion held..relat"ive to a bond being posted for improve-
ments and the length of time.that could be imposed, particularly when
this was not surveyed as to grade and were might be a question of
putting in curbs and gutters to the existing street, The City Manager
• stated this is something that could be surveyed out so as:to establish
an existing grade and the question was raised as to how ling it would
take to establish this grade, i.e., when could it be done so as to
be reasonable in the time limit of the bona to the City and subdivider,
The City Attorney indicated that the City stipulates that the developer
must put in improvements within a year so that under those conditions
it would be indicative that the City should not hinder the developer
from making those improvements within the time that is stipulated.
Motion by Councilman Barnes, seconded by Councilman Pittenger and
carried that Metes and Bounds Subdivision No, 135-159 be approved,
subject to the recommendations of the Planning Commission, Planning
Department and the City Engineer.
GENERAL MATTERS
WRITTEN COMMUNICATIONS
REQUEST FROM QUEEN OF THE LOCATION: Northwest corner of Merced
VALLEY HOSPITAL AS TO USE OF and California Avenues.
A RESIDENCE FOR. TEMPORARY
USE AS OFFICE In discussion, it was indicated that
as long as this is used for a residence
there would be no recommendation neces-
sary, but if they would hire any staff that would be a different
matter.
C. Co 9-14-59
QUEEN OF VALLEY HOSPITAL REQUEST - continued
Page Twenty -Two
There was also some discussion as to water use and it was indicated
that there could be a double meter used and the readings of their
water meter would be deducted from the City°s water meter reading.
This matter is being reviewed as a possible solution.
Motion by Councilman heathy seconded by Councilman Pittenger and
carried, that the City Manager advise the Queen of the Valley Hospital
as to their right to use this building, -and work out the water problem.
CITY MANAGER REPORTS
CODIFICATION CONTRACT Motion by Councilman Pittenger,,seconded
CONDMONAL APPROVAL by Councilman Barnes and carried, that
authorization be given to pay Ronald
Thaheld the amount of $600.00 relative
to his Codification contract with the City, retaining $400.00 pending
completion of the Codification contract.
AREA D CONTRACT
FORMER COUNCIL ACTION
• TO ACCEPT:_AESCINDED
agreement of the Area D
Motion by Councilman Heath, seconded
by Councilman Barnes and carried, that
Council rescinds their action of join-
ing Area D and withdraws its authoriza-
tion relative to the signing of the
contract,
AMBULANCE CONTRACT Motion by Councilman Pittenger, seconded
CITY MANAGER TO CONSULT by Councilman Heath and carried, that
WfTH,THE CITY ATTORNEY the City Manager be directed to consult
with the City Attorney relative to the
ambulance contract.'
PRECISE PLAN NO. 128 (1405) LOCATION: West of California Avenue,
JACK DUBROVE north of"Walnut Creek Wash
REFERRED TO THE
PLANNING COMMISSION The City Manager stated that this zoning,
is not firm zoning and that it now re-
quires the acceptance of a changed Pre-
cise Plan and firm zoning. It was held up after the closing of the
public hearing in relation to the street plan problem. It was felt
this should go before the Planning Commission on the Precise Plan change:. -
and that the City Attorney might prepare an ordinance amending the
zoning ordinance for our newt meeting.This will expedite the matter
faster because there was no problem on the zoning request. Two items
needing clarification were the street alignment and the changed Precise
Plan,
i
Motion by Councilman Pittenger, seconded by Councilman Barnes and
carried that the Precise Plan on this matter sae referred to the
Planning Commission for reconsideration.
C, Co 9-14-59
CITY MANAG31k REPORTS - continued
Page Twenty -Three
BAST BARRANCA COLLECTOR Motion by Councilman_Heath,_sec®nded
SEWER AGREEMENT by Councilman Pittenger, that the
APPROVED TO Mayor and City Clerk be authorized
NEGOTIATE CONTRACT to negotiate the contract -for the
East Barranca Collector Sewer and that
the City participate financially in
the sum of $5,600.00, as budgeted;
Motion passed on roll call as follows:
Ayes: Councilmen Heath, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes: None
Absent: Mayor Brown
SALE OF LIBRARY LAND The City Manager indicated there
would be further discussion with the.
City Attorney,on this matter and the
matter would be tabled until our next''kegular'meetingo
AMERICAN MUNICIPAL
CONGRESS
Denver, Colorado - November 29
through December 2, 1959
Motion by Councilman Pittenger, seconded
by Councilman Heath, that the City
Manager be authorized to attend the American Municipal Congress at
Denver, Coloaado from November 29th through December 2nd,
Motion passed on roll call as follows:
Ayes: Councilmen Heath, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes: None
Absent: Mayor Brown
CITY ATTORNEY.
INTRODUCTION .... The City Attorney;,presented:
ORDINANCE Amending Ordinance "AN ORDINANCE OF THE CITY COUNCIL OF
No, 625 relating to maximum THE CITY OF WEST COVINA .A1!MNDING
speed limit on Puente Avenue ORDINANCE NO. 625 RELATING TO. -THE
and'Root Street MAXIMUM SPEED LIMIT ON PUENTE AVENUE
AND ROOT STREET"a
Mayor Pro Tem Mottinger: Hearing no objections, we will waive
reading of the body of the Ordinance.
Motion by Councilman Beath, seconded by Councilman Pittenger, that the
Ordinance be introduced and given its first reading.
Co C, -9-14mb9
CITY ATTORNEY - continued
Page Twenty -Four
The following items were temporarily deleted from th6Agenda pending
further study by the City Attorney,
ORDINANCE NO,
RESOLUTION NO,
RESOLUTION NO,
RESOLUTION NO, 1661
Deny Zone Variance
No; 286 for Church
Day School Use
ADOPTED
-.Regarding Civil Defense (Introduction)
- Regarding Civil Defense
- Regarding Civil Defense workmen's compensation
benefits
The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA DENYING ZONE
VARIANCE-NOo,'286 FOR CHURCH DAY
SCHOOL USES." (South Hills Baptist Church).
In -discussion it was indicated that this Resolution could be
over, due to a tie vote at the last regular meeting of Council, until
all five Councilmen can be present. However, in further discussion
it was indicated that this particular church had been sold to another
• church of different denomination and it was felt since this was reli-
able information the matter should be resolved,
Mayor Pro Tem 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,
Noes, None
Absent, Mayor Brown
AUTHORIZATION TO DEFEND
THE CITY OF WEST COVINA
AND THE QUO WARRANTO
ACTION RELATIVE TO -THE
C I TY "`OFWEST`-COVTNA
ANNEXATION NO. 158
Pittenger, Barnes, Mayor Pro Tem Mottinger
Motion by Councilman Heath, seconded
by Councilman Barnes and carried that
the City Attorney and th-e .firm of
-Williams,'Sorenson and Burkb be author-
o zed to d4fend the City of West Covina
and the Quo Warrant, action relative to
Annexation .No. 1P80
It was indicated by Mayor Pro Tem Mottinger, after his question to
the City Attorney, who answered in the"nsgative, as to whether any-
thing had been'heard from those people wfio originally proposed the
quo warrAnto action, that perhaps there should be some contact made
with their attorney although it was not necessarily an action that
would have to die taken iraT" ediately,
C. C... 9-14-59 Page Twenty -Five
CITY ATTORNEY - continued
INTRODUCTION The City Attorney presented:
ORDINANCE Rezoning Certain "AN ORDINANCE OF THE CITY COUNCIL.OF
Property (San Gabriel THE CITY OF NEST COVINA REZONING
Valley Cleaners & Launderers). CERTAIN PROPERTY LOCATED ON THE NORTH-
WEST SIDE OF GLENDORA AVENUE BETWEEN
CHRISTOPHER STREET AND WALNUT CREEK
WASH11,1 (San Gabriel Valley Cleaners
and Launderers)
Mayor Pro Tem Mottinger: Hearing no objections, we will waive
further reading of the body of the
Ordinance.
Motion by Councilman Heath, seconded by Councilman Pittenger and
carried, that the Ordinance be introduced and given its first reading.
.RESOLUTION NO. 1662 The City Attorney presented:
Approving Precise Plan "A RESOLUTION OF THE CITY COUNCIL.OF
No. 190 THE CITY OF WEST COVINA APPROVING
ADOPTED PRECISE PLAN OF DESIGN NO. 190".
(San Gabriel Valley Cleaners and
• Launderers).
Mayor Pro Tem 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, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes: None
Absent: Mayor Brown
Said Resolution was given No. 1662
INTRODUCTION The City Attorney presented:
ORDINANCE Rezoning Certain "AN ORDINANCE OF THE CITY COUNCIL OF
Property (Kandel) THE CITY OF. WEST COVINA REZONING
CERTAIN PROPERTY LOCATEDON THE EASTERLY.,..
SIDE OF SUNSET AVENUE BETWEEN MARIANA
AND CRUMLEY STREETS$' . (Ka nde 1) f .
Mayor Pro Tem Mottinger: Hearing no objections, we will waive
further reading of the body of the
Ordinance.
Motion by Councilman Pittenger, seconded by Councilman Heath and
carried, tha.i the Ordinance be introduced and given its first reading,
C. C. 9-14m59
CITY ATTORNEY - continued
RESOLUTION NO, 1663
Approving Precise Plan
of Design No. 162, as amended
ADOPTED
Page Twenty -Sias
The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA APPROVING
PRECISE PLAN OF DESIGN NO. 162 AS.
AMENDED UPON PROPERTY LOCATED SOUTH
OF WALNUT CREEK WASH BETWEEN LARSWOOD
STREET AND AZUSA AVENUE".
Mayor Pro Tem Mottinger: Hearing no objections, we willwaive
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, Pittenger,. Barnes, Mayor Pro Tem Mottinger
Noes: None
Absent: Mayor Brown
Said Resolution was given. -No. 1663
• RESOLUTION NO., 1664 The City Attorney presented:
Approving Precise Plan "A RESOLUTION OF THE CITYCOUNCIL OF
of Design No, 126 THR CITY OF WEST COVINA APPROVING
ADOPTED PRECISE PLAN OF DESIGN NO. 1262
AMENDED, UPON PROPERTY LOCATED AT
1932 EAST GARVEY AVENUE (Pynoos)
Mayor Pro Tem Mottinger: Hearing no objections, we will waive
further reading of the body of the
Resolution.
Motion by Councilman Barnes, seconded by Councilman Pittenger, that
said Resolution be adopted. Motion passed on roll call as follows:
' Ayes:.:,Councilmen Heath, Pittenger, Barnes, Mayor Pro Tem Mottinger
`Noes:: .None
Absent": Mayor Brown
Said Resolution was given.No, 1664
RESOLUTION NO, 1665
Recommending reapportionment
of the California
State Sena7te
ADOPTED
Mayor Pro Tem Mottinger:
The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA RECOMMENDING
REAPPORTIONMENT OF THE CALIFORNIA
STATE SENATE".
Hearing no objections, we will waive
further reading of the body of the
Resolution,
C. C; 9-14-59 Page Twenty -Seven
RESOLUTION:"NO, 1665 - continued
M
Motion by Councilman Pittenger, seconded by Councilman Barnes, that
said Resolution be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Heath, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes.-. None
Absent.- 'Mayor Brown
Said Resolution was given No. 1665
RESOLUTION NO. 1666
The City Attorney presented.-
Objecting to the sale of 4
"A RESOLUTION OF THE CITY COUNCIL OF
parcels of property within'
THE CITY OF WEST COVINA OBJECTING TO
the City of West Covina by
THE SALE BY THE COUNTY.TAX COLLECTOR
the Los Angeles County
OF LOS ANGELES COUNTY, PURSUANT TO
Tax Collector
DIVISION 1, PART 6,,CHAPTER 7 OF THE
ADOPTED
REVENUE AND TAXATION CODE OF FOUR
PARCELS OF PROPERTY WITHIN THE CITY OF
WEST COVINA AND AGAINST WHICH THE CITY
OF WEST COVINA LEVIED. ,TAXES''..
Mayor Pro Tem 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, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes: None
Absent: Mayor Brown
Said Resolution was given No. 1.666
CITY CLERK
REQUEST FOR CITY°S' The City Clerk presented and read a
CONSIDERATION OF AN ANNUAL communication dated September.3, 1959
BUDGET FOR VPERATION_OF from the West Covina Traffic Safety
THE WEST COVINA TRAFFIC Committee which asked consideration
SAFETY COMMITTEE of Council for an annual budget of
$200.00 for the operation of the West
Covina Traffic',Safety Committee and
requested a place on the Agenda at a
regular meeting of the Council to dis-
cuss this matterok..
.r
Motion by Councilman Heath, seconded by Councilman Barnes and
carried that this matter be referred to the City Manager,
Co Co 9-14-59
CITY CLERK.
REQUEST FOR ADDITIONAL
ENTRANCE ON KENOAK DRIVE
FOR MORE CONVENIENT
OPERATION OF TRUCKS FOR
MCDANIEL'S MARKET AND
THE CORNET STORE
REFERRED TO CITY ENGINEER
FINANCE DRIVE BY THE
LEAGUE OF WOMEN VOTERS
OF WEST COVINA
(October, 1959)
APPROVED
Page Twenty -Eight
Communication of September 5, 1959
Ross -Mar Company
Shopping Center located at Orange and
Badillo Avenues,
Motion by Councilman Barnes, seconded
by Councilman Pittenger and carried,
that this matter be referred to the
City Engineer for further report.
Communication of September 10, 1959
No door-to-door soliciation
In
Motion by Councilman Pittenger, seconded by Councilman Barnes and
carried that permission be granted the League of Women Voters of
West Covina to conduct their annual finance drive during the month of
October, as outlined, and that the license fee be waived.
REQUEST FOR HEART FUND Communication of September 11, 1959
DRIVE FOR 1960
(February, 1960) Los Angeles County Heart Association
APPROVED
Motion by Councilman Pittenger, seconded
by Councilman Heath and carried that
permission be granted the Los Angeles
County Heart Association to conduct their annual drive during February,
1960, as outlined, and that the license fee be waived.
REQUEST OF THE WEST COVINA Request of September 11, 1959
COMMUNITY PRESBYTERIAN October 24, 1959 - 4:00 P.M. to 9:00 P.M.
CHURCH FOR CARNIVAL per Mrs. Floyd Roenicke
APPROVED Walnut and Vine Avenues
Motion by Councilman Pittenger, seconded by Councilman Heath and
carried that permission be granted to the West Covina Community
Presbyterian Church to hold a carnival on the date of October 24, 1959,
as outlihedo
LETTER OF COMMENDATION The City Clerk read a communication
TO THE POLICE DEPARTMENT from Tack ,7T. Krull commending the work
OF THE CITY OF WEST COVINA of our Police Department and the fine
job they did relative to their "Vacation
Patrol",
LJ
Ll
Co C. 9-14-59
CITY CLERK
CITY CLERK - continued
PROCLAIMING THURSDAY,
SEPTEMBER 17, 1959, AS
CONSTITUTION DAY
APPROVED
Page Twenty -Nine
Motion by Councilman Barnes, seconded -
by Councilman Pittenger and carried,
that Thursday, September 17, 1959, be
proclaimed as Constitution Day,
CITY OF HUNTINGTON PARK '$ndorsing efforts being made to sponsor,
.RESOLUTION NO, 4384 obtain and conduct a World's Fair in
REFERRED FOR REPORT Los Angeles area in 1963-64.
It was consensus this matter be referred to the City Manager for
further report,
INFORMATION
INFORMATION
AUTHORIZATION TO
NEGOTIATE A CONTRACT
WITH REMINGTON RAND
FOR CODIFICATION OF
CITY FILES -
Meeting of League of California Cities
in Montebello on Thursday, September 17,
1959.
Appeal from Commission denial decision
on Zone Change No. 146, James L, Allen.
Set for hearing September 28, 1959.
Motion by Councilman Pittenger, seconded..
by Councilman Heath, that the City
Manager bea.authorized to enter into a
contract. with Remington Rand for the
codification of City files in the amount
of $3,040.00.
Motion passed on roll call as follows:
Ayes: Councilmen Heath, Pittenger,.Barnes, Mayor Pro Tem Mottinger
Noes: None
Absent: Mayor Brown
MAYOR'S REPORT Mayor Pro Tem Mottinger indicated that
he had spoken with Mayor Brown today and
that the Mayor is going to enter the
hospital tonight for some type of surgery, the nature of which he did
not know.
COUNCIL.COMMITTEE REPORTS ' Councilman Heath indicated that Ihe had
and Youth Council
been appointed as the League represen-
tative on the Metropolitan Recredti®n
which meets one Thursday.a month,
•
t
C. C. 9-14-59 Page Thirty
COUNCIL COMMITTEE REPORTS - continued
Councilman Heath appraised the members of Council relative to.the --
small lots going in adjacent to the City limits located near-Hollon=
beck and Merced. The City Manager indicated that the Planning Commis-
sion had sent a letter to the County registering their protests. -
Mayor Pro Tem Mottinger stated that it would seem Council feels that
they should also have a letter prepared to be sent indicating similar
ideas to the County as put forth by the Planning Commission.
The City Manager stated that such letters would be prepared for and
the City Council, advised when this matter will be heard by the
Regional Planning Commission.
POTENTIAL ZONING Councilman Heath: At study sessions
we have._-poken of the word "potential"
on our zoning and Council wants to
get your feelings, Mr. Williams, in possibly written form, exactly
what,our obligations are -insofar as "potential zoning" is concerned.
In some cases it is felt that if someone came in with a good Precise
Plan for a potential zone it should be approved. In other cases if
the land is "potential" zoned and there is a Precise Plan brought in,
this doesn't necebsarily have to be approved because "potential" may
mean something in the way of use five years away.
Mr. Williams: I think you should.repeal all poten-
tial zoning. I have never prescribed
''to the idea that you can know what it _
should be five years from now but it is what it is good for now'. I do
not think you are bound by it, as.you could legally rezone an area to
take it out of potential so you are not obligated to keep it in that
zoning. What is the purpose of saying that some time in the future
this ought to be good for something while the purpose of zoning is
what it is good for today.
Councilman Pittenger: If a man comes in with a Precise Plan
relative to the potential, and if we
would take off the potential, some people
would stand to be out a lot of -money.
Mr.Williams: Take off the potential but make it firm. -
Councilman Barnes: As it stands, a property owner could
bring in a real beautiful Precise Plan
on potential C Zone, present it, --get
approval and then never develop it -'it would only be to get that.
particular firm zoning.
Mr. Williams That is.correct.
Councilman Heath: What about removing potential and
rezoning it?
Mr. Williams: Make it the zone that is potential or
if it really isn't good for that, change
it.
C C. 9-14-59 Page Thirty -One
' POTENTIAL. ZONING - continued
Councilman Heath: On the other hand, for the protection
of the people, say someone has poten-
tial C-3 and holding on to it, then
with firm zoning we up the taxes, yet the man doesn't want to.develop
it? -
Mr, Williams: Then jump the other way and go R-A.
Councilman Barnes: I don't think anyone should pay R-A
taxes with a potential C-3 -- that
doesn't seem fairs
Mayor Pro Tem Mottinger: You can't forget that the property had
potential and the man is laboring
under the idea that it is potential.
Councilman Heath: I think we should have something written
in the form of generalities because
the Planning Commission is laboring
under this misapprehension,
Mayor Pro Tem Mottinger: I think it would be very foolish to
• put something in writing that can be
contested either way.
Councilman Heath: For the record, if a man has potential
zoning on his property are we obli-
gated to possibly give him this zoning
on the presentation of a satisfactory Precise Plan?
Mr. Williams: I doubt if I can answer that because
the ordinance seems to say that you
are, but as opposed to that you have
the:power. to amend the ordinance so you are obliged to do one or two
things under those conditions, either grant the zoning or amend the
ordinance,to take off the potential zoning and zone it firm something.
I do not think you can leave it potential and leave that statement
that is in the ordinance now that says when someone comes in with a
suitable Precise Plan he can get zoning. You cannot leave it potential
and deny his request. You can rezone it out of the'potential and deny
his request,
Councilman Heath: You would have to rezone it after you
denied it?
Mr. Wil Aayns: You would do it at the same time, hold
one matter over and rezone the use,
Councilman Barnes: We also have areas of less than one
acre zoned R-A where there is a house
or houses on property. I do not think
that should be R-A. Property of this type should be at least R-lo
C. Co 9-14-59
POTENTIAL ZONING - continued
Mayor Pro Tem Mottinger:
Councilman Heath:
Page Thirty -Two
It doesn't make much difference tax -
wise.
However, it would help us on our
planning and zoning,
City Manager Aiassa: We can go through the "R" zones and
the "C►► zones and then you could firm,
up what you think is zoned right and
through the process of elimination get rid of those potentially zoned
that appear out of keeping with the p4oper development of the City,
Councilman Heath: I think with potential on there we
practically have no control, we are
losing control with potential. I would
like to see a study initiated very soon because I think this poten-
tial should be removed.
City Manager Aiassa: You could possibly have a joint meet-
ing with the Planning Commission and
review this matter and possibly formu-
late a pattern for them to follow,
Mayor Pro Tem Mottinger: You might mention this to the Planning
• Commission, Mr, Heath, and get their
thoughts upon it and see if they would
concur relative to a joint meeting with us or else go ahead with a
study,
DEMANDS APPROVED. Motion by Councilman Heath, seconded
by Councilman Barnes, that Demands in
the amount of $189,750.12, as shown
on Demand Sheets B-60, C-161 and C-162, be approved. This to include
fund transfers in the amount of $67,635.28 and bank transfers'in the
amount of $50,000.00.
Motion passed on roll call.as follows. -
Ayes: Councilmen Heath, Pittenger, Barnes, Mayor Pro Tem Mottinger
Noes: None
Absent: Mayor Brown
There being no further business, motion by Councilman Pittenger,
seconded by Councilman Heath, at 11:15 Po M., that the meeting be
adjourned.
APPROVED BY CITY COUNCIL, Date
As Submitted
With the following corrections: