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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. • il Co Co 9-14-59 Page Three PRECISE PLAN NO. 112 - continued otion b M Councilman Pitten er seconded b . g y Councilman Barnes -and IT 9 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. Co C, 9-14-59 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, i! • Co C. 9114-59 Page Five 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 • Ca Co 9,14! 59 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. LI • t 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. 1 il 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. L� • 1 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. • • 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: