10-13-1959 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF.THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
..October 13,. 1959
The meeting was called to order by Mayor Brown at 7:35 P. M. in the
West Covina City Hall. The Pledge of Allegiance was led by Council-
man Mottinger, with the invocation given by Rev..Thomas Thomasma of
the Dutch Reformed Church.
ROLL CALL
Present: Mayor Brown, Councilmen Heath, Pittenger,
Mottinger,-Barnes
Others Present: Mr. George Aiassa, City.Manager
Mr. Robert Flotten, City Clerk
Mr. Harry C. Williams, City Attorney
Mr. Tom Dosh, Public• Service. Director
Mr.. Malcolm C. Gerschler, Planning Coordinator
APPROVAL OF MINUTES
September 28, 1959 - Approved as submitted..
Mayor Brown:. Before proceeding.with our meeting,. we
have with us this evening'a group of
.students from the West Covina High School
who are studying Civics. We are very proud to have them.here and hope
that what takes place at this meeting this.evening will help them with
regard to their particular subject.
CITY CLERK'S REPORTS
TRACT NO; 21443
Accept Street Improvements
(Gale View.Estates)
APPROVED
LOCATION: West side of Nora Avenue
betweeri`Workman Avenue and Rowland Avenue.
Accept street improvements (sidewalks
only) and authorize release of General
Insurance Company Bond No. 360094 in the
amount of $1,500.00.'
City Clerk Flotten: "Let the record show that the Final Map
and Bond was accepted by the City}Council
in July of-1958 under their Resolution
No. 1401. The Inspector's Final Report was presented September, 1959.,
The driveway apron and sidewalks are in and complete -and have passed
inspection.
Co Co 10-13-59 Page Two
TRACT NO. 21443 --continued
Motion by Councilman Mottinger, seconded by Councilman Pittenger and
carried, that street improvements'in Tract No, 21443 be accepted and
authorization given for the release of General Insurance Company Bond
No. 360094 in the amount of $1,500.00.
DISTRICT A'11-58-4
SANITARY.SEWER DISTRICT
COUNTY HEALTH OFFICER
REPORT ACCEPTED AND CITY
ENGINEER DIRECTED TO
PROCEED
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LOCATION: California and Crumley Avenues,
Report of the Los Angeles County Health
Officer.
Accept the report and instruct the City
Engineer to proceed pursuant to the pro-
visions of Section 2808, Division 4, of
the.Streets and Highways Code.
The Report of the Los Angeles County Health Officer was presented and
read as follows:
"RECOMMENDATION:. It is respectfully recommended that sanitary
sewers be installed in this district.
"ANALYSIS: This Department has made an investigation of
• the California Avenue and Crumley Avenue
Sanitary Sewer District A111-58-4, City of West.
Covina, as shown on the attached map. During the course of this
investigation, 113 house -to -house calls were made. Of this number,
45 occupants were not home or did not answer the door. Of the 68
property owners or tenants actually contacted, 16 or 23f% reported
having experienced trouble with their individual subsurface sewage
disposal systems. They complained 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 systems was necessary. Two contacts
reported that it had been necessary for them to install the second
seepage pit. .
11.7he soil within the area of this proposed sanitary sewer district
consists mostly of adobe, clay and loam. This type of soil is not
too conductive to the proper functioning of any type of individual
subsurface sewage disposal system as it has poor leaching qualities.
"In view of our survey, I, the undersigned Health Officer of the
County of Los Angeles, having been officially designated by the
City Council of the City of West Covina to perform public health
services for the City of West Covina, do hereby recommend that
proceedings be instituted at once for the construction of sanitary
sewers in the California Avenue and Crumley Avenue Sanitary Sewer
District, City of West Covina, This recommendation is made as an
improvement necessary to the protection of public health and pur-
suant to the provisions of Section 2808 of the.Streets and Highway
Code,"
(Signed) ROY 0;'6ILBERT, M. D.
Health Officer
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C. C. 10-13-59
DISTRICT Aell-58-4 - continued
Page Three
Motion by Councilman Mottinger,'seconded by Councilman Barnes And-''
carried, that the report of the County of Los Angeles Health Officer
be 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. 1673
Determining the construction
of sanitary sewers as a
necessary health measure
(A°11®58-4).
ADOPTED
Mayor Brown-.
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA DETERMINING
THAT THE CONSTRUCTION'OF CERTAIN SANITARY
SEWERS IS NECESSARY AS A HEALTH MEASURE
IN THE CALIFORNIA AVENUE AND CRUMLEY
AVENUE SEWER DISTRICT" (A'11-58-4)
Hearing no objections, we will waive
further reading of the body of the
Resolution.
Motion by Councilman Mottinger, seconded by Councilman Heath, that
said Resolution be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown .
Noes-. None
Absent: None
Said Resolution was given No. 167.3.
RESOLUTION NO. 1674
Resolution of Intention
to change work proposed
to be done (A°11-57-6)
ADOPTED
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA.DECLARING THE
COUNCIL°S INTENTION TO CHANGE THE WORK
PROPOSED TO BE DONE IN DISTRICT A111-57-611e
(Lark Ellen Avenue acid other streets and,
rights -of -way)
City Manager Aigssa-. There is a correction on this, copies
of which have been presented to members
of Council. There is a relocation of
Line 23 and 24 at California Avenue and Blue Ash Road .with the amount
of $323.90 attached fo'r relocating it. Mr. Dosh suggests that Council
accept this relocation,
Mayor; Brown-. What is the reason for the change?
Mr. Dosh-. Unfortunately, we came across a utility
line that was in the public right-of-way
and interfering with the sewer line.
We felt the revision was easier relative to changing the plan of the
sewer rather than the cost of changing the'utilitieso The City Engineer
and I looked at this in the field and felt thhis.was the best procedure
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C'o Co 10-13-59
RESOLUTION NOa1674 - continued
Mr, Dosh - continued:
Page Four
to follow, and to make this change if the contractor was willing to
do this at the same price as in the contract.
Councilman Mottinger: These charges will be divided among -
those in the particular 1911 district?
Mr, Dosh: Yes. )Most utilities are located within,
a few feet of sewer lines but in this
particular case, and this has occurred
once before, the utilities were directly interfering with the sewer
line.
Councilman Heath: After construction has started can we
make additions to the district?
Mayor Brown: It would seem a matter of relocation
Of utility or sewer line and nobody else -
will be served other than those already
in the district,
City Manager.Aiassa. We have not had the public hearing on
this, as yet. We are changing the plans:.
because they were approved and adopted,
but the hearing date has not been set.
Mayor Brown. 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, Mottinger, Barnes§ Mayor Brown
Noes. stone
Absent. None.
Said Resolution was given No. 1674a.
TRACT NO. 21450 LOCATION. Glenmere and Farlington
Accept Street Improvements Streets,
Sanitary Sewers
APPROVED The City Clerk stated that this was
north and east'of Viancisquito and
Sunset Avenues. The Inspector°s Final
Report had been presented October 7, 1959 with the necessary tests
made and approved. There is no bond to release in that the bond
covers the entire tract area for street improvements and sewers and
the bond will be released when the street improvements are completed
and accepted by City Council action,
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C, . C. 10-13-59
TRACT.NO. 21480 - continued
Page Five
Motion by Councilman Barnes, seconded by Councilman heath and carried,
that sewer facilities in Tract No. 21480 be accepted.
PROCLAIMING OCTOBER 15-22
AS NATIONAL INTERIOR
DESIGN .WEEK
REQUEST FROM GIRL SCOUT
COUNCIL OF THE EAST
SAN GABRIEL VALLEY FOR
SALE OF CALENDARS
APPROVED
CARNIVAL REQUESTS
Mayor Brown to sign the Proclamation.
November. 7th to 30th, 1959
Motion by Councilman. Pittenger, seconded -
by Councilman Heath and carried, -that
the request of the Girl Scout Council
of the East San Gabriel Valley be
approved, and that the license fee be
waived,
Workman Avenue PTA
for October
31, 1959
�
Coronado Elementary
School PTA
for October 31, 1959
�. APPROVED
Grovecenter PTA for
October 31,
1959'
Motion by Councilman Barnes, seconded by Councilman Heath and carried,
that the carnival requests of the PTAs for the schools noted above
be approved, license fee waived, and subject to proper inspection of
various City departments,
REQUEST FOR CIRCUS BY A free circus, containing no tents or
EASTLAND BUSINESSMEN'S blsachers9'to be, -held from October 27
ASSOCIATION to November 1, 1959 from 9:30 A. M. to
APPROVED 9:30 P. M.
The City Clerk noted this would be
subject to a license fee,
Motion by Councilman Heath, seconded by. Councilman Pittenger and
carried, that the request of the Eastland Businessmen.'s Association
be approved to operate a free circus from October 27 to November 1,
1959, subject to the approval of -the Committee composed of City De-
partments.
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C. C. 10-13-59.
Page Six
REQUEST FROM QUINTEN B. The City Clerk indicated that there are
BABCOCK`TO OPERATE TAXICAB three such companies;operating`in the
COMPANY IN WEST COVINA City with only one company having an
CITY CLERK TO PROCEED office in the City, the other two having
their offices in Covina and Baldwiri Park.
Mr, Babcock desires'to locate his taxicab.
office in theCity and has three 1958- -
Plymouth Sedans. He is now in business in Apple Valley and desires to
transfer to 'West Covina. The City Clerk indicated that with Councils_
permission the proper procedure would be set up and the matter would
then be presented to Council for their approval.
It was consensus this be done, but it was further indicated that members
of .the Council receive copies of the Taxicab Ordinance so as not to
become involved in the same way that Council had been involved relative
to a similar"request in the past.
RESOLUTION AND LETTER FROM
CITY OF REDONDO BEACH
RELATIVE TO PROTESTING
ELIMINATION OF TAX RATE
SCHEDULE FROM COUNTY TAX
BILL WITH REQUEST TO CAUSE
SAME TO BE PRINTED ON ALL
COUNTY TAX BILLS
Request for.the City of West Covina to
adopt a similar Resolution of protest.
Mayor Brown, I believe these tax
schedules will,lbe available at the City
Hall?
City Clerk Flotteno That is correct.
Councilman Heath, The League of California Cities at
their Board of Directors meeting dis-
cussed this tax bill breakdown. They
are not showing the breakdown of the tans rate this year, according to
the County, for the reason they are using an automatic machine which
was not ;geared to do all the work it should be doing. The tax bill is
usually broken down into four classifications giving the percentage
of monies going to each one of these classifications.- One classifica-
tion is the County, the next would be schools, the next would be the
City and I have forgotten.the fourth one.
Mayor Brown, That is for various districts such as
sanitation, flood control, etc.
Councilman Heath, The League took a stand against this as
called out in the Minutes. They finally:
passed a Resolution to be presented to
the Supervisors that the.Supervisors by using a supplemental sheet
show the breakdown of these rates.
Mayor Brown,
This will not come with the tax bill,
although`it will -be available in the
City Hall regarding the areas.
C. C. 10-13-59
Page Seven
UNICEF DAYS PROCLAIMED UNICEF United National Childrdnos-Fund,
OCTOBER 30 AND 31, 1959 helps children,and Mothers to -better
health in over 100 countries And terri-
tories by assisting in programs of
disease control, nutrition, and maternal and child welfare. Each coin
collected by properly identified Trick or Treaters of the UNICEF on
these days will help to further this program.
PLANNING COMMISSION
METES AND BOUNDS
SUBDIVISION NO, 135-160
Clyde A. BAldosser
APPROVED
LOCATION: Southwest corner of Vincent
and Rowland Avenues.
o044 Acres - 2 Lots - Area Disteict I
Approved by the Planning Commission on
October 7, 1959,
Maps were presented by the City Clerk and the report of tho Planning
Department was presented and read,
Councilman Pittenger questioned as to removal of the Oil Storage Tank
and back filling which is on the property, to which Mr. Gerschler re-
plied that he believed that under the Building Code this is something
•' that would automatically have to be done.
Motion by Councilman Mottinger, seconded by Councilman Barnes and
carried, that fetes and Bounds Subdivision No. 135-160 be approved
subject to the recommendations of the Planning Department.
.SCHEDULED MATTERS
BIDS
DISTRICT A°11-58-2 LOCATION: Ardialla Avenue and Ituni
SANITARY SEWER DISTRICT Street Sewer District.
The bids were received as advertised at=10:00 A. M. in the office of
the City Clerk and referred to the Sanitation Engineer for recommenda-
tion to the.City Council at this meeting, The Notice of Publication
has been received from the West Covina Tribune on September 24, 1959,
and October 1, 1959, and appeared as a news item in the Green Sheet on
October 1, 1959. The bids were opened by the City Clerk and checked
for proper bid bonds and'read by Donald Russell of the Sanitation.
Department,
to
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C. C. 10-13-59
BIDS - DISTRICT A'11-58-2 - continued
The bids -received were as follows. -
Bo Jo Zarubica $40,865.58
A. R. Milosevich & Son 47,371.00
Jo L. Construction Co, 47,924.47
Frank Chutuk Construction Co. �49,301004
Page Eight
Correction
$45., 558 , 04
It was the recommendation that the.bid be awarded to B. Jo Zarubica as,
thelowest responsible bidder in the amount of $40,865058,
RESOLUTION NO, 1675
Sanitary Sewer District
A'11-58-2
Award of Contract
(Bo Jo Zarubica)
ADOPTED
The City Clerk presented and read.-
"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AWARDING THE CONTRACT
TO IMPROVE ITUNI STREET AND OTHER STREETS
IN THE CITY IN ACCORDANCE WITH RESOLUTION
OF INTENTION NO, 1646 (A'11-58-2)
Motion by Councilman Pittenger, seconded by Councilman Heath, that said
Resolution be adopted. Motion passed on roll call as follows-
Ayes- Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown
Noes-, None
Absent.- None
Said Resolution was given No, 1675.
BEARINGS
PROPOSED AMENDMENT N0,32 A proposal to amend the provisions of
City Initiated Ordinance No. 325 affecting permissible
HELD OVER uses and limitations of permissible uses.
in Zone C-R.
Approval recommended by Planning Commission
Resolution No. 800.
City Clerk Flotten-, Let the records show that there on record
with the City the Proof of Publication of
the notice of this hearing 'as it appeared
in the West Covina Tribune of October 1, 1959.
The City Clerk presented and read Resolution No. 800 of the Planning
Commission;
Mayor Brown opened the public hearing and stated that all those
desiring to .present testimony should rise and be sworn in by the City
Clerk.
C, *Co 10-13-59 Page Nine
PROPOSED AMENDMENT NO, 32 continued
Mr. Al1en.Hathcock stood to be sworn in by the City Clerk and Mayor
Brown questioned as to whether he desired to present testimony now',
Mr, Hathcock: I.can hardly
give testimony because -I .
have no knowledge of what the (Amendments,
are and I do not think I could give any.:.
testimony for or against it,
Mayor Brown:. If none of the property owners involved --
have had a report from the Planning Com-
mission or seen the Resolution, perhaps
we should continue the hearing and leave it open. until the next regular
meeting.of Council, October 26tho
Mr. Hathcock:.. I would like to say for the record that
I have never understood the original C-R,
zoning, which is probably due to my lack
of legal terms and zoning wording,. and I have not had the privilege
of attending study meetings held since this was before us prior to
-thi§,and in not knowing of the Planning.Commission meetings held on
this I... -am at a loss to know what is before you tonight. I feel I..
would have to oppose this, and other zoning, based on other commit-
ments based on C-2 zpningo
• Mayor Brown: I think this should be held over and all
the property owners involved sent a
copy of the Planning Commission's Reso-
lution No. 800.
Motion by Councilman Heath, seconded by Councilman Barnes and carried,
that the hearing to amend.the provisions of Ordinance No. 325, Proposed
Amendment No, 32, be continued until the next regular meeting of the
City,Council, and in the meantime all property owners concerned with
this matter be furnished with a copy.of Resolution No. 800 of the
Planning Commission which indicate the revisions recommended relative -
to the Ordinance..
ZONE CHANGE NO,. 146 LOCATION: Northeast corner of Puente
James L. Allen and Yaleton Avenues.
", DENIED
Request to reclassify from Zone R-A to
Zone C-l'denied by the Planning Commis-
sion under their Resolution No. 796.
Letter, of appeal received from the applicant on September 10, 1959 re-
questing hearing before the City Council,.
Hearing closed`September 28, 1959. field over for decision to October
13,. 1959 pending review of:.the Planning Commission and,City Cou-ncil
action on previous applications.
C. C. 10-13-59
_.ZONE -CHANGE NO. 146 - continued
Page Ten
Mayor Brown: .This matter was held over at the request
of members of Council to review the
Minutes of those hearings previously
held on property during the last five years.
City Manager Aiassa: There is also submitted an alternate
map and there was a recommendation for
another study on the zone for C-1, R-3 and
R-1.
Mayor Brown: The map I saw is quite a revision of any
I saw previously submitted to Council
and the Commission has never seen it.
Should we consider .the change on this?
City Attorney Williams: It is only a -zone change and not a
Precise Plano
Mayor Brown: They are -submitting a Precise Plan and a
zone change.
City Attorney Williams: You couldn't consider this Precise Plan
but as it. stands it is demonstrating use
• of the property for proposed zoning.
You couldn't approve any particular plan. .
City Manager Aiassa: Perhaps you should table the matter until
you have had time to review the facts.
Mayor Brown: We are workong on Zone Change No. 146
and this is strictly C-1 that is asked for..
The revised maps showed R-3 on it. This
is a change.of zone classification.
Air. H. Weiner, for Mr. Eggly who spoke for the appliant at the meetirg;:
requested to speak. Mayor Brown indicated the hearing on this matter
had been closed and could only be opened with the consent of Council.
Mr. Weiner stated he was presenting nothing new except that Mr. Eggly
'wa's--d'nable to `atte id. this evening due to illness and that since
Byre Eggly thoroughly knew about this matter he felt that perhaps the
matter should be held over so that Mr. Eggly could hear the discussions-.
Of Council.
Mayor Brown: That is up to Council. However, I do
not think it is quite proper to state
at one.meeting, through the Minutes, that.
decision will be rendered.tonight and then have it held over,
Councilman Pittenger:
and resubmit this'new map
first.
I didn't study this new map but it seems,
to be a new application. You probably
should withdraw what you have submitted
and that has to go to the Planning Commission:.
C. C. 10-13'-59 Page Eleven
ZONE CHANGE NO. 146 - continued
Mayor Browne That is what I am talking about. The
map we have tonight isn't the one we had.
at the last meeting.
City Attorney Williams: The analysis is correct, `The application
is for C-1 which you can grant or deny,
You cannot consider R-3 unless through
new proceedings. If -they abandon C-1, drop it now, but if they do not
drop it, it is up to Council to grant or deny C-1.
Mayor Brown: Application is for C-1.
Councilman-Mottinger: if they wish to make a change -can we
make a request this be sent back to the
Planning Commission for further review
on their. part?
-City Attorney Williams: Not if they wish to ask for a different
zoning than they have asked for. They _
then need new notice of hearings before
the Commission.
Councilman Barnes: I would like to know if the applicant
would want to withdraw his C-1 application.
If not, we should vote on it.
Mr.. Weiner: This is difficult for me to indicate
since the representative for the applicant
is not in attendance, and as I understand
it the City Attorney has explained the map is only evidence of the
ideas that the applicants have, or that they are requesting, relative,
to something different than what was before the Commission. What the
intent of"tbis map was I do not know. I.am here in lieu of my partner,
Mr.. Eggly, who is ill and I.ask this be postponed until at least the
applicants can talk to Mr. Eggly since he has had the opportunity
to -be here at previous meetings.
Councilman Heath- I think we have before us a proposal
that has�come -before us from the Planning,
Commission, which has been appealed to
.us, and we should dispose of it - pass it or knock it down. As to the
other drawings, disregard these and if they desire to go into another
application with these new drawings, that is up to them.
Couh4lman Mottingera The rea-son this is before us is an appeal
by the applicant so we must consider
his desires to that extent.
.Mayor Brown:- Yes, we must consider the applicant's
desires in.relation to his appeal,.but he
has now changed what was before us and the
Planning Commission. He asked for C-1 and now he is asking for,'C-1 and
R-3. The new map shows'R-3 on part of the property.
Z. Co 10-13-59 Page Twelve
ZONE.,CHANGE NO, 146 - continued
Councilman Heath: The hearing is ' closed ,arid -'I do not feel
we should accept any other.evidence-that
has not been presented to the "Plahni iiig'
Commission and that therefore we whould act now on what is'before us:"
Even though the applicant has brought this to us there is nothing more-
that"he can add to it and therefore why would he benefit any\by holding
it" over?
Councilman Pittenger: I do not think we would lose anything by
holding it over for two weeks, it isn't
that urgent for us to 'dispose of -it tonight,..
If Mr. Eggly were here possibly he could explain one way or the other
and we could dispose of it.
Mayor Brown: There are also property owners adjacent
to this area who have been coming down
here for the last five years over this
piece.of property., This is their second trip before Council -on this
matter and to hold it over means they must come back in another two
weeks. I feel also that this should be decided tonight. There is as
much investment in their homes as in this man's property, all things
being equal.
Councilman Mottinger: Ibrought up the item of appeal of the
application so as not to overlook that'
• fact, but I agree that we should certainly
not prolong decisions any more than is necessary,
Councilman Barnes: I feel this application should be disposed
of tonight, because the City Attorney
has indicated that by changing the
zoning on a different portion of this property and not asking for all
C-1, that it wouldn't be legal without the Planning Commission first
having a hearing on it. I think since this request before us is all
C-1 we would have to deny it unless the applicant would withdraw the
C-1 and submit a new plan.
Councilman Pittenger: This is one reason I felt it might be
held over. The applicant has certainly
weakened his case by presenting this new
map and if he brings it in I feel he is willing to settle for less
than he has here previously. Council will turn this C-1 down, it would
be foolish to do anything else, ,but I thought it might be held over
to see what Mr. Eggly had in mind when the change was made,,
Councilman Barnes: I think Mr. Eggly will bring that out in
the next map he- ,submits and I feel this
application should be passed on tonight.
I do feel we have -adequate C-1 in the area and also refer to Mr;Bennett's
report which points,.out that we do have more than enough C-1 aiid
possibly are over -zoned. I also feel it is not the right place for C-1
on this property,
Councilman Heath:. I think if this is denied there should
be reasons given for the denial,
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C. C. 10-13-59
ZONE CHANGE NO. 146 - continued
Page Thirteen
Councilman Mottinger: I agree with Councilman Heath-that'we
should indicate our reasons'fok-upholding
the decision of the Planning Commission -
recommendation of denial. In reviewing the history of this particular
property and the decisions rendered in the past, I cannot help but
concur with the findings of the Commission that the situation has not
changed from what was originally presented to.us and there does:not
seem to have been indicated a need fpr a zone change. Otherwise, it
may be a little arbitrary. However, when we Have a situation as indi-
cated by Councilman Barnes that our advisors indicated we are overloaded
with C-1 anyway, I do not think it is advisable to go from residential
to commercial, so my opinion would be to deny the application.
Mayor Brown: I would go along with what Council has
stated as their reasons for denial and
with the reasons for denial indicated
by the Planning Commission.
Motion by Councilman Heath, seconded by Councilman Mottinger and
,dhrried, that Zone Change No. 146 'be denied for the reasons stated by
Council and for the reasons indicated in Planning Commission Resolution
No. 196 recommending denial.
Mayor Brown called a recess. Council reconvened at 8:40 P. M.
GENERAL MATTERS
WRITTEN COMMUNICATIONS
The following was presented and read by the City'Clerk from the Workman
Investment Company of 110 Shoppers Lane, Covina, -dated October 9,; 1959
which was addressed to Mayor Brown:
"Under.Building Permit No. 16632, Workman Investment Company, Inc.
has a building, under construction, ready for roofing at 325-333
N. Citrus Avenue in West Covina. All construction work to date
has been inspected and approved.
"Because of a complaint filed with the City regarding placement
on the -lot, an order to stop work on that portion of the building
which is on the east 8' of the property has been issued.
"This situation.arises from an error in reporting or transcription
rhi�h has recently come to our attention, and with which you are
familiar,,. I.refer to the Precise Plan Amendment which was
adopted at the City Council meeting of May 7, 1957, on your
`motion to the effect that the se.tbaok be "not more than" 8 feet,;
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C. C. 10-13-59
WRITTEN COMMUNICATIONS - continued
Page Fourteen
this motion having been translated in the Minutes and copied
from them into an ordinance reading that the setback -be 8 feet,
omitting "not more than". There is no reference -in the'rather
sketchy Minutes to your comments regarding a'setback inviting
the almost inevitable "sidewalk showroom" which appliance stores
tend to create wherever possible.
"As soon as this situation was called to our attention -by Mr;
Malcolm Gerschler, an Amendment to Precise Plan application was
filed. Although this was filed on September 28th, it is not
scheduled for hearing before the Planning Commission until Novem-
ber 4th.
"Work can be continued for a few days on the rear portion of the
building but, if we are then faced with the requirements of
shutting down.the job for even a month, we will be subjected'to
undue hardship through no fault of ours,%so much so that we are
gravely concerned.
"I have discussed this with the City Attorney, Mr. Harry Williams,
who has verbally agreed that this problem might be solved, and
that the Council has a right to act at its Tuesday night meeting
as follows:
IF the Councilmen are convinced that an error was made in
tie Minutes,.they have a right to correct that error;
IF the Council elects to correct the error in the Minutes,
it can then supersede the previous Ordinance by a Resolution,
without waiting for the usual time to be consumed which_a
new Ordinance would require. Mr. Williams says that this
can be done for the reason that the original action did not
require an Ordinance, but should have been done by Resolution.
"We sincerely hope that this method can be followed as we are most
anxious to proceed without interruption and are equally anxious
to avoid all of the legal complications with which we may be
threatened.
"I mentioned this stop order to Mr. Pontow, City Engineer, and
started to relate the basis of the misunderstanding and he interrup-
ted me to say that he remembered it and went on to refer further
to the landscaping provision.
"I pointed out to Mr. Williams one further inconsistency in the
Resolution: 'with area properly landscaped to insure compatibility
with properties in the vicinity to the south and southeast.' What
'area'? Presumably that in front of the buildings, but it does
not say so. What 'properties ......to the south and southeast'?
There is a Shell station to the south and the width of Citrus Avenue,
then some small houses to the southeast. I would consider this to
be further evidence of incorrect translations of your motion.
C. C. 10-13-59 Page Fifteen
WRITTEN COMMUNICATIONS m continued
"We shall appreciate your attention to this problem in1which-','the
City of Covina has, if not a legal obligation,'at least a very
strong moral obligation to help reach a solution at the earliest
possible date.".
Signed
WORKMAN INVESTMENT COMPANY
per Eleanor B. Samuels
The following duly sworn statement of James W. Kay was presented and
read by the City.Clerk relative to the matter as presented in the com-
munication of.the Workman Investment Company, and dated the 13th day
of October, 1959:
"James W. Kay of 2747 Eo,Sunset Bill Drive, West Covina, being first
duly sworn, deposes and says.
"That he was, on May 27, 1957, Mayor of the City of West Covina
and presiding officer of the City Council meeting conducted that
evening when the public hearing was held on Amendment to Adopted
Precise Plan #17 upon application of Eleanor Bo Green.
• "That during the period in which the testimony was taken, and immed-
iately following the public hearing, during the discussion period
between members of the City Council, the question of -setback.- from
the front property line on Citrus Avenue was discussed.
"That initial suggestions indicated that a setback should be at
least 13 feet in order to be in conformity with gasoline pump;
sethacks, at the Shell Station on the adjoining property should a
setback of this nature be required, the intervening space between
the building front and the front property line could conceivably
be misused for the purposes of parking and of display of merchan-
dise outside of the building enclosure itself.
"That at the time of this discussion suggestions were brought
forward, . primarily by Council£nan,,;Brown, that; ,the. _ setback from the
front property line should not exceed 8 feet so that the above
mentioned abuses would be minimized. No specific setback was
established at that time except that the setback should not exceed
8 feet.
"That it is his opinion that an error was made on Page 6 in the
Minutes of the City Council meeting, which state that a motion was
made by Councilman Brown, seconded by Councilman Barnes and
carried that Amendment to Adopted Precise Plan No. 17 be approved
with a setback of 8 feet from the property line.., and to the
further recommendations of the Planning Commission.
40
•
C. C..10-13-59
WRITTEN COMMUNICATIONS - continued
Page Sixteen
"That it is his recollection that these Minutes should have
correctly stated that-Amendment'to Adopted Precise Plan #.17
be approved with a -setback of not to emceed 8 feet --from the
property line. Subsequent ordinance prepared and adopted by
theCity Council was apparently based upon the Minutes as noted
above and therefore carried through the same apparent error
regarding minimum setback requirements."
Mayor -Browne I do not know how many here were present
when this matter was originally discussed.
In the final "go -round" I made the motion
and as I try to remember back onto it, no building set back more than
8' due to the fact we didn't want parking in front of the buildings. In
`some way it got interpreted all buildings set back 8' in publication
of the ordinance when written. The one that came up for discussion
was the Goodyear Store next to the'Shell Gas -.Station. The main build-
ing sets back 8' but the main caonpy sets out 4' so setback is only 41,
so we have not one violation here, we have two.
Councilman Pittenger:
Mayor Brown:
Councilman Pittenger:
Mayor _Brown:
Councilman Pittenger:
Mr. Gerschler:
Where is this line now, more or less
than 8-feet?
Less than 8-feet.
How close to line?
About 2-feet from property line.
Sidewalks in front of it?
That is correct.
Councilman Barnes: I do not think that we should consider
the canopy but that the front of build-
ings are even. Is this creating a hard-
ship to set building uneven with other"buildings? It doesn't,go for
good looks for one building to jut out in front of the other, even
with the canopy.
Mayor Brown:, A 20-foot setback was originally proposed.
It'was quoted by the newspaper not more
than 8-feet and I believe this will
impose a hardship with the building already under construction and.
cleared by our Building and Fire Departments to where the walls are
already up.
Councilman Barnes: How close to the sidewalk is the front
of this building?
Mayor Brown: Within 2-feet of the sidewalk. In the
old Center we have buildings right on
the sidewalk, in the Plaza we do not
and we don't own the sidewalk.
•
C. C. 10-13-59.
Page Seventeen
WRITTEN COMMUNICATIONS - continued
Councilman. -Pittenger: What are the parking requirements?
Mr, Gerschler: On the side of the building,
Councilman Pittenger: It is not taking any of the parking?
Mr. Gerschler:
Councilman Mottinger:
Mr, Gerschler:
Councilman Mottinger:
Mayor Brown:
Mr, Gerschler:
Mayor Brown:
Mr. Gerschler:
Councilman Pittenger:
None of it.
Everything else complies with the re
quirements,of Planning and Engineering
Departments?
Yes, it does.
Do I understand this building is going
to appear to be even.with adjacent build-
ing?
Two -feet further out.
Two -feet further than the canopy and
6-feet further than the wall. There is
a difference between buildings, they are
not abutting.
One is at extreme north and other is on
the south with parking between.
This would make it less noticeable.
They are not building in the parking
area?
Mr. Gerschler: Tliat is correct. It may be that as a
matter of practical application, if
kthis were handled favorably, with the
.request the other owner may request extending out two -feet,
Councilman Pittenger: This wouldn't alarm me particularly,
Councilman Barnes:.
Mr, Gerschler:
Is all of this parking between these
buildings for these two businesses?
Just for these two buildings. The park-
ing actually goes back to Banes Brake
Service but it actually services these
two buildings..
' Mayor Brown: Could you prepare such a Resolution?
Ij
40
Co C. 10-13-59
WRITTEN COMMUNICATIONS - continued
Page E�ghteen
City Attorney Williams: You would have to amend the'Minuteso
You can do t4is as an amendment -only if
you make a finding that what you did then
did,not directly .reflect your action. You would amend the Minutes and
then you would have to amend the Ordinance then'adopted establishing"an
8-foot setback to reflect the 2-feet-or whatever you"are going to -say
was the.intentione This Ordinance possibly'can be amex}ded by Resolu-
tion because when we adopted Ordinance 551,i°egarding'Precise Plans, :all
were considered adopted by Resolution whether or not they were adopted
by Ordinance or Resolution.
I think you could make your finding if you Tirst amend the Minutes
and then direct that a Resolution be brough�in amending the Ordinance
then adopted, to reflect the change in the Minutes.
Councilman Pittenger:.. I do not think the'Minutes are incorrect.
The intention was that We did not want 1
anyone parkipg.in front of the store so
we said 8-feet to discourage this,
City Attorney Williams:
The discussion says,fix�,ng a minimum set-
back and the word minimum was used and
if minimum wgs used'it means they cannot
get closer to the property line.
Councilman Barnes: I remember this, and as Councilman
Pittenger indicated there was some
thought of 1�ning this up with the
station pumper to have an even frontage. Tier n in the, d� scussion. there
was the possibility of parking in front but when we said 8-feet-it:was
my. understanding that this would be . the depth ibecause' we . felt the' 8-feet
would prevent cars from parking in the front, I think that the 8-feet
is correct. At least, it was on my second pnd i didn't think it should
be further out on the curb because I felt tat 8-feet was sufficient
to keep cars from parking in front of the. building,
Mayor Brown:
parking in front; of the
so they could still park
I arrived at the;; figure
wanted a canopy over,the
came up. They also use
was minimum requirement
Councilman Mottinger:
8-feet enterecr in the discussion of keep-
ing cars pared by the Service Station
but it wouldalso allow =p-Trallel car
building, Parallel is the way their parking is,
a car in the 8-feet in front of the building,
of not -setting back ovei.8-feet because Goodyear
store and that was the reason'the discussion
sidewalk as a Goodyear displ4y-area, 8-feet
because the building was to it°o
•
•
Co Ca 10-13'59
WRITTEN COMMUNICATIONS - continued
Mayor Browne
and stores in Covina City
Page Nineteen
Some of the adjacent property owners
objected to this building setting out
so faro This is at edge of City limits
limits set out at sidewalk,
City Attorney Williams: I have been called by parties represent-
ing the Goodyear Store and it was indi-
cated they have been adversely affected
and damaged by allowing a building sitting the same as theirs to build
within a 2-feet setback of the property line while they were required
to build 8-feet back from the line, and that the City should take means
to stop the violation and if they were permitted to proceed with what
was an unfair advantage that the representatives for the Goodyear Store
would proceed against the City and against the property owners. I.have
had no further discussion since proposing amending the Minutes.
Incidently, the Ordinance was not copied from the Minutes. The Ordinance
was prepared before the Minutes were prepared. The Ordinance was pre-
pared from my notes and the Minutes from Venetia°s notes, or whoever
took the Minutes, The Ordinance prepared says the same as the Minutes ---
a setback of 8-feet.
Councilman Pittenger: We might better have the Minutes and the
Ordinance and look them over before we
take any action,
City Attorney Williams: I think it might be indicated this be
done to see if it is the facts.,
Mayor Brown: The Ordinance adopted, No, 537, states
building setback of 8-feet be shown
along Citrus Avenue, properly landscaped
as to show compatibility with surrounding uses.
City Attorney Williams: Good year is in violation of not landsacp-
ing and in projecting, they are in vio-
lation also. Maybe these violations could
be made to offset one another. I do not observe any adequate answer
to this nor any road to lead to a positive and satisfactory solution.
If you take one road you are in trouble with one and if you reserve
you're in trouble with the other one. -
Mayor Brown:' It seems the consensus that we can't
change this tonight but Goodyear should
be checked into and if in violation
they should be stopped just as the other is stopped. If in violation,
possibly they should be closed down until they can come within the
zoning ordinance,
City Attorney Williams: You can't close the store but you sho ld
give notice of what is in violation.
C. C. 10-13-59 Page Twenty
0 7
WRITTEN COMMUNICATIONS - continued
•
•
Motion by Councilman.Barnes, seconded by Councilman Heath and cAkr°ied,
that Council shall receive copies of the Minutes and the Ordinance
relative to this matter and that investigation be made relative to
violations by the Goodyear store in regard to the Ordinance.
City Attorney Williams: If there was going to be a decision
that this be disposed of tonight I
believe both parties interested in this
matter should be here and if you .dispose of it at your next meeting I
still feel both parties should be'in attendance. You should not listen
to just one and not the other on this matter.
Mrs. 8amuelso The building is about 75% structurally
completed. Masonry walls are up, all of
the concrete flooring is in,,framing
-for second floor to carry portion of the roof structure is up. If we
are forced to stop building at this point, through no fault of our
own, and we have never yet deliberately violated ,an ordinance of the
City, we will be subject to extreme hardship in many ways. We may be
subject to suit by General Tire and Rubber Company for not providing
lease -promises, we are in danger of losing the upper floor tenant
as they were only interested in moving in if they could do so this
month. Also, if we should get a rainstorm, which is possible at this
time of the year, we could suffer severe damage because quite a lot of
interior plywood is installed. We have financing commitments to be
met. In the event there should be an order to cut back 8-feet of the
building, I do not know what that would do concerning our financing.
I do not know if they would go along with financing the building, less
the 6-feet, because you would be reducing the size of the showroom.
We acted in good faith with regard to the motion that.was made that
night and believe Goodyear acted in good faith in projecting that
canopy over the sidewalk. When you.come under the Freeway on Citrus
that building is very predominant.'
I think the extreme hardship in this case makes it worth your considers-
tion. We filed the amendment to the Precise Plan just as soon as this
came to our attention and it is slated to appear before you November 4th:,
which is a long way from now, and that is why I talked to the City
Attorney. However, with the testimony of what the motion was by the
man who made it and by the man who presided at that time, you have a
-r1ght to correct the Minutes of that night.. It would be a simple
solution -to the problem and in order, legally, and if you see fit to
do so we would appreciate it very much without suggesting that you do
something out of order, and we went over this with.the City Attorney to
try to find some solution without suffering a severe hardship,
Councilman Barnes., How did this building get this far along
without it coming to our attention
previous to nowt' We could have saved a
lot of difficulty if we had known of it prior to all this construction.
Co C. 10-13-59 Page Twenty -One
WRaTTEN COMMUNICATIONS -..continued
Mrs. Samuels. We did not know it, 'It came to our
attention when Mr. Gerschler-called me
telling me of the verbal complaint from
Manuel Martino He sold the property to 3utroe Following that verbal
complaint Sutro, under the name of Hollywood Hills Development Company -,-
filed a written complaint and upon receipt of that complaint the Build-
ing Department of the. City filed -notice to stop work on the building;
The Department of Building and Safety approved the plan, the Plax�aaing
Department approved, and it has gone through all the proper procedures
and a Building Permit issued, and we have been building under that
permit in all good faith.
Mayor Brown.
It cleared all the Departments -without
finding out it was put on the property
illegally. I question that our own
Departments felt a maximum
of 8-feet rather than"'having to bell.
.Councilman Pittenger.
We'have voted upon it as a minimum and
twat is the way it reads.
City Attorney Williams.
It isn't "either" in this case in the
Precise Plano It is a fixed figure and
can't be moved either way. That is the
•
way the Ordinance reads.
Councilman Pittenger.
We were working from 20®feet. We were
reducing a setback required. If we had
felt we did not care if it comes to the
sidewalk we would have said
that, and I think what we were trying to
accomplish was, no parking
in front and said 8-feet would do that. I do
not care whether there is 2-feet or not but if the tare company comes
in and seeks to build to the live and says "We will sue if you do not
let us".
City Attorney Williams. No matter how it comes out somebody is
going to be discriminated against or
damaged. I thank that you should tet on
it to this extent if you wait until the meeting two weeks from now and
wait for ordinance to be prepared it wouldn't be ready to be adopted.
If not -adopted tonight, if you felt there is a mistake and there should
be an Ordinance to change the Minutes, you could instruct me to amend
the Ordinancd'which-is an incorrect reflection of your intention,
Councilman Pittenger. If you say "we permit you to build it
to the sidewalk"and the tire company
says "we want to go to the sidewalk"
could we -arrive at a compromise and say "you can build to the point
the other party does"?
City Attorney Williams. You could apply the pp y same to bona of them,
C, Co 10-13-59 Page Twenty -Two
WRITTEN COMMUNICATIONS o continued
4P
Councilman Mottingero It seems to me so far as the building
location is concerned it isn't•too great.^
an importance from the City's point of
.view, however, I feel as Councilman Pittenger does that we should be
sure of the action that we .take, and I do.not recall which way the motion
should have been, but I would want to be sure the action we take
straightens it out from all points of view. If we give the direction
to prepare the necessary corrections to the Ordinance or Resolution to
act on it at the next meeting, I would favor that to get the ball roll-
ing. I do not feel it is something of tremendous importance, but it
should be straightened out properly,
Mayor Brown: If -there is any thinking that this would
be acted upon at the next regularmeeting-
I feel we should go ahead with these
various changes that would be necessary,
Councilman Mottinger: We might have to see Minutes in relation
to the Ordinance.
City Attorney Williams: Amend the Minutes if the motion is
incorrect.
O Councilman Mottinger: Change the Ordinance to what was the
intent, t, ...
City Attorney Williams: You can't change the Ordinance except :.
by the process of amendment, holding
hearing, unless through this possibility.
First amend the Minutes so the Minutes state the setback be not more
than 8-feet, then adopt a Resolution that would indicate the recitations
relating to 'this error. You can reflect what would transpire when
the hearing was held. If it.was not done correctly you can correct
what would transpire but you cannot amend to reflect what you now
think you should have. If you then said "not more than 8-feet" you .
would have permitted them to go to the sidewalk, but I do not see how
you could have a planted area if you had gone to the sidewalk.
Mrs. Samuels- To leave a correct record of the way
our building sets,.half of it is 2-feet.
back on the ground floor and the other
half is 7-feet back from property line. The upstairs projects out to
property line and this was done as an architectural feature which we
felt was quite desirable and according to the design submitted to us
and approved. It is not 2-feet all the.way across for the whole side
of the building.
Motion by Councilman Heath, seconded by Councilman Mottinger and
carried, that the City Attorney be instructed to draft the.necessAry
'documents to present at the next Council meeting,to reflect that the
setback was to be not more than 8-feet.
I
0
CO CO 10-13-59
WRITTEN COMMUNICATIONS - continued
Page Twenty,Three
Motion by Council Heath, seconded by Councilman Barnes and carried,
that the City Manager be instructed to advise the owner' of the property
on which the Goodyear Store is located that we will have a discussion
of this setback problem at the newt regular meeting of Council,
INVITATION TO ATTEND Seventh Annual Membership Dinner
INTER -COMMUNITY HOSPITAL,
ASSOCIATION DINNER . October 21st, 7000 Po Mo, at The P1ams,
INVITATION TO ATTEND
AMERICAN'MUNICIPAL
CONGRESS
CITY MANAGER REPORTS
STORM DRAIN GENERAL PLAN
ENGINEERING REPORT ON THE
BRIDGE REPLACEMENT PROGRAM®
CONTRACT WITH LOS ANGELES
COUNTY FLOOD CONTROL
DISTRICT
PRELIMINARY DESIGN AND
COST ESTIMATES FOR STORM
DRAIN INLETS INTO.
WALNUT CREEK.WASH
Denver Colorado
November 29th - December 2nd, 1959
Motion by.Councilman Barnes, seconded
by Councilman Pittenger and carried,
that the Storm Drain Master P1an'and
Drainage Area Master Plan be adopted.
Motion by Councilman Pittenger, seconded
by Councilman Barnes and carried, that
the Engineering Report on the Bridge
Replacement Program - contract with
Los Angeles County Flood Control District,
be accepted.
Motion by Councilman Beath, seconded by.
Councilman Mo�t:tinger° and carried, that
the City Manager be instructed to work
with Harold Johnson to draw up prelimin-
ary design and cost estimates for storm.
drain inlets into Walnut Creek Wash.
CONTRACTS WITH LOS ANGELES The City Manager indicated this matter
COUNTY FLOOD CONTROL had been looked over. by Mr, Dosh,
DISTRICT Mr, Pontow and.Mr, Johnson, and
Mr. Johnson had one change he felt
should be made. It was stated this
agreement would be retained until the provisions are checked out but
that the matter should be before Council by their next meeting of
October 26th
o
It was consensus -this be held over until that time,
C,. C. 10-13-59
CITY MANAGER REPORTS - continued
Page Twenty -Four
-, WESCOVE SCHOOL AGREEMENT This is an agreement with the West Covina
School District relative to street and
Sanitation improvements, with the City
participating to the amount of $7.417.50 and the school district par
ticipating to the amount of $7,187.50, giving a total cost of $14,605.00.
Motion by Councilman Pittenger, seconded by Councilman Barnes, that
participation by the City relative to the.above be approved and the
Mayor be authorized to negotiate the contract.. Motion passed on roll
call as follows.
Ayes. Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown
Noes. None
Absent. None
VINCENT AVENUE This is acceptance of design as shown
SCHOOL AGREEMENT and also to approve City participation.
Total cost of $3,182.00. $1,368.26 is
covered by the'State Allocation Board,
$906.87 by the Covina School District and $906.87 by the City of West
Covina.
• Motion by Councilman Barnes, seconded by Councilman Mottinger and
carried, that the plan of improvements be accepted and the City Manager
be authorized to negotiate the transaction with the two other agencies:,
namely; the State Allocation Board and the Covina School District.
TRAFFIC SAFETY Motion by Councilman Mottinger, seconded
PARTICIPATION by Councilman Barnes, that Judge William
Mattin be reimbursed for the cost of the
Traffic Safety Committee to the amount
of $75.00 for the 1958-59 fiscal year, and claims should be.cleared with
City Manager before payment. Motion passed on roll call as follows:
Ayes.. Councilmen Beath,
Noes. None
Absent. None
AMBULANCE AGREEMENT
(Means) .
Pittenger, Mottinger, Barnes, Mayor Brown
substitute County A Schedule
the pkesent•-agreement.
Motion by Councilman Mottinger, seconded
by Councilman Pittenger, that the Mayor,_-
and City Clerk be authorized to sign an
amendment to the Ambulance Agreement
in place of the schedule as indicated in
.Motion passed on 'roll call as follows..
Ayes. Councilmen HeathX.Pittenger, Mottinger, Barnes, Mayor Brown
Noes. None
Absent: None
C. Ca 10®13-59
Page Twenty -Five
CITY MANAGER REPORTS _ continued
HANIFAN PROPERTY
Motion by Councilman Mottinger, seconded
by Councilman Pittenger,' that the City
Manager be authorized to negotiate for
the purchase of the Hanifan property at a figure of $26,000.00.
Motion passed on roll call
as follows.
Ayes. Councilmen Heath,
Pittenger, Mottinger, Barnes, Mayor Brown
Noes. None
Absent. None
ATTORNEY FEES ON THE
Motion by Councilman Barnes, seconded
GEORGE HOCUM CASE
by Councilman Heath, that author:4ation
be given for the reimbursement -to
-Mr. Harry Co Williams, -in the amount of
$125,00,relative to the work.done on the George Hocum, Jr,, case.
Motion passed on roll call
as follows.
Ayes. Councilmen Heath,
Pittenger, Mottinger, Barnes, Mayor Brown
Noes. None
Absent. None
•
HIRING OF JOHN LAT HROP.
Motion by Councilman Pittenger, seconded
AS ASSISTANT CITY ENGINEER
by Councilman Heath and carried,'that
John Lathrop be hired as Assistant City.
Engineer in ":B" Step at a starting wage
range of $719,00 per month,
and to remain at this "B" Step until newt.
anniversary date.
CITY CLERK'S CAR Motion by Councilman Barnes, seconded
ALLOWANCE by Councilman Mottinger and carried,
that the City Clerk receive $20.00 a
month for a car allowance to be effective
the lst of October, 1959.
Councilman Barnes indicated the 3% in relation to the City Clerk would
e u f?r discussion anyway on receipt of a report from the,City Manager,
ut ie a note should be made of it,
HARDY CASE Relative to lowering of Suburban Water
Company line in Casa Linda and Shasta
Streets to proper depth as shown in the
Minutes of September 28, 1959.
The City Manager indicated that a written report had been submI tt'p.d:and
it is indicated that this matter has been held over until October 29th
for the two parties involved to see if they can work out the problem
between them,
r�
•
Co C. 10-13-59
CITY MANAGER REPORTS - continued
Page Twenty -Six
PRECISE PLAN NO, 162 City Manager. - Mr, Kandel will provide
Kandel certification showing the Actudl''cost-of
50% participation regarding oar parti4;i-
pation, subject to., the aporoval' of Mr."
Williams,on a joint venture on a box culvert
drain at,an estimated cost of $3,00,0.00.
This will be a 50-50 proposition by the City and Mr. Kandel who will
call for birds which will be reviewed by the City.Engineer before award-
ing job.
Motion by Councilman Pittenger, seconded by Councilman Heath and -
carried, that authorization be given to proceed,on the basis of a 50-50
participation for a box culvert on Cameron and Sunset Avenues with
Mr.' Kandel,
SOLUTION OF APPRECIATION
TO MR. GERSCHLER
services -rendered to the City
AUDITOR'S REPORT
July 1, 1958 to
June 30, 1959
Motion by Councilman Heath, seconded by
Councilman Pittenger and carried, --,that
the City Attorney be intructed to thaw
up a Resolution in appreciation of
by Mr. Malcolm Co Gerschler,
Motion by Councilman Mottinger, seconded
by Councilman Pittenger and carried,
that the Auditor's report of July 1, 1958.
to June 30, 1959 be.acceptedo
-AUTHORIZATION TO SIGN Motion by Councilman Mottinger,, seconded
REVISED AGREEMENT WITH by Councilman Barnes, that the Mayor and
'HAROLD JOHNSON the City Clerk be authorized to sign the
revised agreement with Harold Johnson,
Motion passed on roll call as follows.-
Ayes- Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown
Noes- None
Absent.- None
COUNTY MAINTENANCE OF
SMALL PORTION OF VALLEY
BOULEVARD IN WEST COVINA
Motion by Councilman Mottinger, seconded.
by Councilman Pittenger and carried,
that the Mayor and City Clerk be author-
ized to sign a maintenance agreement
with the County of Los Angeles regarding
a portion of Valley Boulevard in the
City of West Covina
Co C. 10-13-59
CITY ATTORNEY
Page Twenty -Seven
RESOLUTION NO, 1676 The City Attorney presented and read:
Execution a Quit Qlaim Dsed "A RESOLUTION OF THE CITY COUNCIL OF THE
ADOPTED CITY OF WEST COVINA AUTHORIZING THE
EXECUTION OF A QUIT CLAIM DEED",
(Frank Bowker)
Motion by Councilman Mottinger, seconded by Councilman Pittenger, that
said Resolution be adopted. Motion passed on roll call as follows-.
Ayes: Councilmen Heath, Pittenger, Mottinger,'Barnes, Mayor Brown
Noes: None
Absent: None
Said Resolution was given No. 1676.
Motion by Councilman Pittenger, seconded by Councilman Mottinger and.
carried, that this Quit Claim Deed is not to be delivered until dedica-
tion of the part of'the Vincent Avenue Extension through the Bowker
property is received.
In discussion it was noted that Mr. Bowker was concerned with a sump
hole that might be left on Vincent Avenue and questioned what provisions
• could be made relative to fill. It was indicated that a permit could
be signed with the United States Engineering Department and they would
dump their fill there and it would give them a place they would know
'they can dump,
RESOLUTION NO, 1677
Workmen's Compensation
Benefits for Volunteer
Disaster $erV ice Workers
ADOPTED
Mayor Brown:
The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA RELATIVE TO
WORKMEN'S COMPENSATION BENEFITS FOR
REGISTERED VOLUNTEER DISASTER SERVICE
WORKERS". -
Hearing no objections, we will waive
further treading of the body of the
Resolution.
Motion by Councilman Barnes, seconded by Councilman Mottinger, that
said Resolution be.adopted, Motion passed on roll call as fellows:
Ayes:, Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown
Noes: None
Absent: None
Said Resolution was given No, 1677.
•
Co C. 10-13-59
CITY ATTORNEY ® continued
INTRODUCTION.
An Ordinance amending
Ordinance No, 549 J
OCivil, Defense Ordinance)
Page .Twenty -Eight
The City Attorney presented:'
"AN -ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING ORDINANCE
NO, 549".. (Civil Defense Ordinance)
Motion by Council Mottinger, seconded by Councilman Pittenger and
carried, that amendment to Ordinance No. 549be introduced and given
its first reading (indiciating the substantive amendments as read -by
the _City Attorney)
RESOLUTION NO, 1678
Ordering a certain build-
ing be demolished and
removed (Dundas)
ADOPTED
LOCATION: 525 N. Edith Street
Mayor Brown:. ..
The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL . OF° THE
CITY OF WEST COVINA'ORDERING THE BUILDING
INSPECTOR !rO DEMOLISH AND REMOVE A
CERTAIN BUILDING HERETOFORE DECLARED TO
BE A PUBLIC NUISANCE", (Dundas)
Hearing no objec.tioTns, we will waive
further reading of the body of the
Resolution,
,Motion by Councilman Mottinger, seconded by Councilman Barnes, that
.. d Resolution be adopted. Motion passed on roll call as follows:
Ayes: Councilmen. Heath, Pittenger, Mottinger, Barnes, Mayor Brown
Noes., None
Absent: None
Said Resolution was given Noo16380
COUNCIL COMMITTEE REPORTS
Councilman Barnes gave a report on the Personnel Board Meeting,' copies
of which had been ,presented to members of Council,
Councilman Heath spoke of the sidewalks now on the Citrus Street
Bridge and the problem of running 40,000 pound trucks over a bridge
built for 6,000 pounds. It was indicated it had been posted to that
effect.
Councilman Heath questioned as to the letter from Mr. Brown regarding
Civil Defense and the..City Manager indicated it had been answered
and had been previously approved by Council,
0
I
C o C o- 10-13-59
Page Twenty -Nine
Mrs. Van Have was pleased to see Mayor Brown looking so well, and
asked the name of the gentleman who desired to have a taxicab_ lousiness
in West Covina, Mayor Drown stated his name was Quinten Babcock.
Mrs. Van Dame indicated that she did not feel the annext to•the Court
House was necessary, It was indicated that the health center had
been placed in the Court House building which -hadn't been originally
planned, and so space was short there.
Mrs. Van Dame questioned as to the possibility of placing on the _.
ballot the issue of swimming pools,in the City. Mayor Brown indicated
this had been done and nothing had come of it. Councilman Heath.iridi-
cated that postcards had been sent out to a cross section of the City
by the Coordinating Council and people definitely had indicated, from
the return of the cards, they were not so much interested in.pools as,
in street improvements and sidewalks and sewers. Mrs. Van Dame was of
the opinion this issue should be brought out again, anyway,
Mrs. Van Dame again questioned as to why the City does not supply
members of Council with wastepaper baskets behind Council chairs,
f
GILD POLICE BUILDING BIDS The City Manager reported that
Mr. Thorsen had submitted a bid of
•$17r000.0O,. and a Mr. Saunders had bid $19,OOO.00 and.a Hollywood real estate agent had indicated a desire to
buy the entire piece of property at a contemplated bid of $22,000.00.
The City Manager stated that -the bid of Thorsen in.the amount of
$17,000.00 would be held until there is confirmation relative to the
other two bidders.
APPROVE .DEMANDS Motion by Councilman Heath, seconded
--- - by Councilman Mottinger, that Demands
in the amount of $05,214.56, as shown
on Demand Sheets C-166, C-167 and C-168,.be approved. This to include
fund transfers in the amount of $45,6250320
Motion passed on roll call as follows,
Ayes, Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown
Noes: None
Absent, None
There being no further business, motion by Councilman Mottinger,
seconded by Councilman Pittenger and carried, that the meeting be,.
adjourned at 10:25 Po M.
APPROVED BY CITY COUNCIL Date
As Submitted
With the following corrections,