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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 J 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 • 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 0 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, • 1 I 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. 0 r� • • 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 0 69 • 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, .lpa CJ 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,; Go • • 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,