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02-14-1961 - Regular Meeting - MinutesrA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA February 14, 1961 The meeting was called to order by Mayor Heath at 7:35 P.M. in the West Covina City Hall. The Pledge of Allegiance was led by Councilman Towner, with the invocation given by The Reverend Kenneth Knoxof the West Covina Church of Christ. ROLL CALL Present: Mayor Heath, Councilmen Brown, Towner, Barnes Snyder Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Harry C. Williams, City Attorney Mr. Thomas C. Dosh, Public Services Director Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES January 16, 1961 - Motion by Councilman Towner, seconded by Councilman Brown, and carried, that the Minutes of January 16, 1961 be approved as submitted. January 23, 1961 - On Page 27, Paragraph 5, the statement of • Councilman Barnes should state "so the noise factor wouldn't disturb the property owners" instead of "so the noise factor wouldn't disturb the owners" as shown. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the Minutes of January 23, 1961 be approved as corrected. CITY CLERK'S REPORTS RESOLUTION NO. 2018 Accepting bonds for Precise Plan No. 253 (F.I.G. Holding Company) ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING BONDS TO GUARANTEE COST OF CERTAIN IMPROVEMENTS, AND THEIR TIME OF COMPLETION, IN PRECISE PLAN NO. 253 IN SAID CITY." LOCATION: South Garvey Avenue, between Citrus and Barranca Streets. Mid -Century Insurance Company Bond No,. 92757342 in the amount of $3,300.00 for street improvements and Mid -Century Insurance Company Bond No. 92757346 in the amount of. $1,500.00 for water main and fire. hydrant, all in connection with development of Precise Plan No. 253. The City Clerk indicated this bond includes sanitary sewers relative to street improvements, a 6-inch water main and steamer -type hydrant and the recommendation of the City staff is to accept the bonds. a r 11 0 C . C . 2-14-61 RESOLUTION NO. 2018 - Continued Mayor Heath: Page Two Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Brown, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2018. RESOLUTION NO. 2019 Dedicating certain City -owned property to public street purposes . ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DEDICATING CERTAIN CITY -- OWNED PROPERTY FOR PUBLIC STREET PURPOSES AND ACCEPTING THE SAME AS A PUBLIC STREET." (Hanifan) LOCATION: West side of Glendora Avenue, south of Walnut Creek Wash. For public street purposes to be known as GLENDORA AVENUE. Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Brown, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2019. RESOLUTION NO. 2020 Declaring certain noxious and dangerous weeds to be a public nuisance ADOPTED Mayor Heath: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING CERTAIN NOXIOUS AND DANGEROUS WEEDS GROWING UPON CERTAIN STREETS, SIDEWALKS AND PRIVATE PROPER- TIES IN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING INTENTION TO REMOVE AND ABATE SAME UNDER AND IN ACCORDANCE WITH PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE." Hearing no objections, we will waive further reading of the body of the resolution. t • 0 C . C . 2-14-61 RESOLUTION NO. 2020 - Continued Page Three Motion by Councilman Barnes, seconded by Councilman Brown, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner; Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2020. RESOLUTION NO. 2021 Approving a final map of Metes and Bounds Subdivision No. 135-166 (Dianetti & Bingham) ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A FINAL SUBDIVISION MAP OF METES AND BOUNDS SUB- DIVISION NO. 135-166 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BOND." LOCATION: Southeast corner of California and Service Avenues. Accepting Employees Fire Insurance Company Bond No. 6Y7430 in the amount of $3,500.00. Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Brown, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2021. PROJECT NO. C-132 Approving Plans and Specifications with authorization to call for informal bids APPROVED LOCATION: Service Avenue, east of California Avenue. This work is to be done in con- nection with the development of Metes and Bounds Subdivision' No. 135-166. Authorize City Engineer to call for informal bids. The City Clerk indicated that the City Council had received a report from the City Staff on this matter and the.estimated cost is $2,293.84 with funds available from the street widening and lowering funds. City Manager Aiassa: Councilman Towner: This will tie in with the improvement of this subdivision and there will be the advantage. to this relative to the cost. Is there any time limit as to when the private subdivider starts his work? C . C . 2-14-61 PROJECT No. C-132 - Continued City Manager Aiassa: 0 Mr. Dosh: Page Four We will coordinate our project with theirs.' He has twelve months. Motion by Councilman Brown, seconded by Councilman Towner, and carried, that the Plans and Specifications for Project No. C-132 be approved and authorization given for the City Engineer to call for informal bids. METES AND BOUNDS SUBDIVISION Request of Alfred Reif NO. 135-122 HELD OVER TO LOCATION: West side of Irwindale FEBRUARY 27, 1961 Avenue, south of Rowland Avenue. The City Clerk stated that the City staff has requested that this matter be held over to the next regular meeting, as the investigation relative to North Irwindale Avenue in this area is not quite completed. Motion by Councilman Brown, seconded by Councilman Towner, and carried, that the request of Alfred Reif relative to Metes and Bounds Subdivision No. 135-122 be held over to the next regular meeting of the Council as requested by the City staff, ACCEPT SEWER FACILITIES • Sanitary Sewer District A'11-58-3 APPROVED 0 Company Bond in the amount of Completion procedure. LOCATION: Baymar Street and Norma Avenue Accept sewer facilities and authorize the release of the Aetna Casualty and Surety $47,796.27 subject to Notice of The City Clerk stated that Max Milosevitch had been awarded this contract under Council Resolution No. 1929. The Inspectors final report had been received, dated February 9, 1961, indicating that leakage tests had been made, the lines cleaned and inspected, trenches back -filled and reinforced and the construction was up to City standards. The Notice of Completion had been signed by the City Manager at the recommendation of Public Works Director, Mr. Dosh; the City Engineer, Mr. R. E. Pontow; and the Assistant City Engineer, Mr. Lathrop. The recommendation is to accept the facilities and to release the bond. Motion by Councilman Brown, seconded by Councilman Towner; and carried, that Sewer Facilities in District A111-58-3 be accepted and authorization given for the release of the Aetna Casualty and Surety Company Bond in the amount of $47,796.27, subject to Notice of Completion procedure. • to C. C. 2-14-61 Page Five PLANNING COMMISSION REVIEW OF PLANNING COMMISSION Zone Change No. 175, L. Sugar, ACTION OF FEBRUARY 1, 1961 for reclassification from Zone R-A to Zone R-3 south of the proposed Cameron Avenue west of Walnut Creek Wash was recommended for approval under Planning Commission Resolution No. 1003 and will be before Council for hearing at the meeting of February 27, 1961. Zone Change No. 177 and Precise Plan of Design No. 256 for John Zsenyuk and Robert Allsopp for reclassification from Zone R-A to Zone C-1 was denied under Planning Commission Resolution No. 1004 and No. 1005. The applicant has appealed the decision on February 8, 1961, and this matter will be before the Council at the meeting of February 27, 1961. Councilman Brown questioned if there was a Precise Plan in con- junction with Mr. Sugar's zone change, and the City Clerk indicated ..that a precise plan had not been included with the zone change request. RECREATION AND PARKS The City Clerk stated that a report had been presented to the City Council on February 2, 1961, relative to flying of model airplanes. Mayor Heath: We had a joint meeting with the Commission a week ago where we discussed the bond issue to be proposed to the people of West Covina. At this time, it might be apropcs to prepare a directive to the Recreation and Parks Commission if Council so desires. Councilman Towner: I note that we have a report, apparently from the Park Director, as to the cost of operation and maintenance of those items contained in the proposed bond issue and indicating an increase in the annual budget of $31,000, at the time all improvements are in. I think that we necessarily have to take this into consideration at the time we consider the bond issue, because obviously we have to pay this out of the general fund budget, in addition to the cost out of the taxpayers' pocket for capital improvement items. I am wondering if the Recreation and Parks Commission has had the opportunity to review this estimate of operational cost? Mr. Clyde Busching: Mayor Heath: if we give such a directive at No, we have not had the oppor- tunity to do so. They could review that at the same time they review the proposal of the bond issue this time. C . C . 2-14-61 RECREATION AND PARKS - Continued Page Six Councilman Towner: I am wondering if we could propose to the Recreation and Parks Com- mission an alternative type of 4F review in which they might report to us, in addition to estimated operational costs., an estimate of priorities on improvements in the event we determine which of these items, if any, would be cut out of the proposed bond issue. Councilman Barnes: I feel as Councilman Towner does in that we should review the different types of facilities and make a recommendation to the Recreation and Parks Commission on what we feel would be desirable along with the cost of operation. I think that this can become a real problem in the future for the City as to cost. If the bond issue recommended is too much with facilities added, we would have a cost of operation "skyrocket" so far as I am concerned. Mayor Heath: You mean they should review it, not us? Councilman Barnes: Yes. Councilman Brown: I can't see cutting anything out of the bond issue and have any parks. This has been turned • down three times in seven years, and I do not see that anything that will be put on it will pass, regardless of how it is done. I feel we are just spinning our wheels on this, but I will go along with the majority of feelings on the Council. Councilman Snyder: young people does not have proper But I think the cost of operation size of the bond issue is decided. We have to at least attempt to pass it again. It is a shame that a City having over 50% of facilities for their recreation. should be reviewed before the Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the matter of the bond issue be referred to the Recreation and Parks Commission for further review as to extra operational costs and priority of items to be included in the proposed bond issue and that they report back to the City Council for review at the next regular meeting of the Council. Mayor Heath: Does this mean they will formulate all pertinent material and present it to us for final approval or for further study before formulating the bond issue? Time is running low. We are going to try this in June, and we do need all the time available to get this educational program across • and the sooner the Commission can formulate this bond issue, the more time for the educational purposes. Mr. Busching: The final resume, we felt, was quite clear in the Minutes and this seems to be a change. • C. C. 2-14-61 RECREATION AND PARKS - Continued Page Seven Councilman Towner: At our joint meeting the Council agreed, as I recall it, they would give you some kind of "go- ahead" or directive. This is, in essence, a change because we are asking you to again review it with an eye to maintenance and oper- ation. We did not discuss this aspect at the prior meeting, and also, that further, you are to give us some indication of the priority of these items. In effect we are asking you to take another look at it and come back with the recommendations at our next meeting. Councilman Snyder: Especially priorities. Councilman Barnes: There was some indication of the possibility of a breakdown, a, b,c, etc., in priority form, if they wished, and formulate thinking around this. Mr. Busching: City Manager Aiassa: However, I believe there was some question of the legality of that. The final resume of the joint meeting was indicated as follows: 1. An acknowledgement will be forthcoming from the Council to the Recreation and Parks Commission at the February 14 Council meeting. Council statement will include an advisement to the Commission whether or not a Bond Issue should be undertaken. 2. What general approach should the Commission undertake if the Council feels another Bond Issue should be attempted: a) One proposal including all facilities as one item. b) A three step breakdown as outlined in the discussion. 3. The Council should set, in approximate amount of dollars and cents, and include all deletions, additions, changes and proposals, they feel are necessary. Council was appraised that a percentage breakdown of the items included .in the November, 1960 bond issue is as follows: a) Swimming pools _ 36% b) Site acquisition and improvements - 30.5% c) Special facilities - 19.4% d) Contingencies - L .16 Total 100% Council can possibly use the above figures to weigh their consid- erations of the items proposed. obCouncilman Snyder: It doesn't give us priorities as to what they think we need. Mayor Heath: Mr. Busching, if there are any questions on this, I would suggest you speak with Councilman Towner between now and the next meeting. I 1�1 i C. C. 2-14-61 SCHEDULED MATTERS TREE PRUNING CONTRACT AWARDED TO WALTS TREE EXPERTS Page Eight Bids received as advertised at 10:00 A.M., February 9, 1961, in the office of the City Clerk and referred to the City Engineer for recommendation to the City Council at this meeting. The report of the City Engineer listed the bids and indicated that the Recreation and Parks Department's estimate was approximately $1,700 higher than the highest bidder, but since that Department has had no prior experience in tree pruning contracts, their estimate was based upon telephone calls to several local firms and a verbal description of the work performed. These firms would have to give what they figured would be the maximum cost of tree trimming without having reviewed the trees in question. Bids submitted by Johnson Tree Service, Western States Tree Service, La Fon Tree Service, and California Tree Service, Inc. appear to be quite competitive and the bid submitted by Walts Tree Experts, Inc. is an extremely low bid. In view of the low bid submitted by Walts Tree Experts, Mr. Gingrich made a thorough investigation of their contracting activities in Southern California. The results were quite favorable and Mr. Gingrich's report is attached. After this study and analysis of the bids received, it is recommended that the bid award of contract for street tree pruning be iven to Walts Tree Experts as the lowest bidder, in the amount of 2,785.25. The bids received were as follows: WALTS TREE EXPERTS $300.00 bid bond a) $ 978.50 b) 965.25 c) 331.50 d) 510.00 $2,785.25 JOHNSON TREE SERVICE $510-.00 Cash a) 1,834.00 b) 1,781.00 c) 749.00 d) 700.00 $5,o64.00 WESTERN'STATES $606.00 no breakdown TREE SERVICE Cashier's Check total bid $6,060.00 SAM LA FON $617.74 a 2,204.20 Cashier's Check b 2,118.60 c 834.6o d) 1,020.00 $6,177.40 CALIFORNIA TREE 10% Bid Bond a) 2,472.00 SERVICE, INC, b) 2,920.00 c) 936.00 d) 1,224.00 $7,552.00 40 C. C. 2-14-61 Page Nine TREE PRUNING CONTRACT - Continued Councilman Towner questioned as to whether it is customary to require some kind of performance bond and after further investi- gation, the City Manager indicated that a performance bond had been stated as a requirement which was to furnish bond for 50% of the contract. Motion by Councilman Towner, seconded by Councilman Brown, that the award of bid for the Tree Pruning Contract go to Walts Tree Experts as the lowest responsible bidder in the amount of $2,785.25, with all other bids and bid bonds returned to the unsuccessful bidders. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None NFARTT\Tr.4 HEARING OF PROTESTS ON Set for this date by Resolution EASTERLY ANNEXATION NO. 167 No. 1997 adopted by the City. HEARING CONTINUED TO Council on Ja�-3 19b1-: NEXT REGULAR MEETING Mayor Heath: Mr. City Clerk, do you have the Affidavits of publication? City Clerk Flotten: We have the Affidavits of Pub- lication which appeared in the West Covina Tribune on January 12 and 19, 1961, and in the Pasadena Star -News on the same dates. Mayor Heath: Proper notice was posted in the field. City Clerk Flotten: Yes, they have all been taken care of. Mayor Heath opened the public hearing and stated that Council was operating under Ordinance No. 502 giving a three minute time limit for testimony presentation, and that all those desiring to present testimony should rise and be sworn in by the City Clerk. Mayor Heath then asked those who desired to present testimony'if they would desire to have the testimony time extended so as to properly present their case, and it was indicated that preference to present testimony would be from 10 to 15 minutes. Council indicated it would permit this extension of time for the testimony to be presented. Mayor Heath: City Clerk Flotten: Mr. City Clerk, written protests been received. We have received protest from the Company, Inc. are there any that have one written Forest Lawn The City Clerk presented and read the written protest for the record. C. C. 2-14-61 Page Ten HEARING OF PROTESTS ON EASTERLY ANNEXATION NO. 167 - Continued Mr. Blalock, Executive Vice -President indicated that he believed the City Clerk had read, from the protest, the wrong month in that it should be December rather than November. The City Clerk indicated that he had read it in error and. it should be December. Motion by Councilman Towner, seconded by Councilman Brown, and carried, that the written protest of Forest Lawn Company, Inc, be received and filed. Mr. Bennett Priest: I am representing Forest Lawn as their attorney. In addition to the written protest, I would like to address you briefly and present some oral testimony. We have served upon your Mayor, although Mr. Williams already has it, a Stay Order to show cause issued today by the Superior Court of Los Angeles County which provided, in brief, that you will "stay" from adopting any annexation ordinance concerning this territory until March 7, 1961. With respect to this annexation, I would first make clear our position because I think it is important that we do so. Our first ground is that the annexation is illegal because the procedure has been in violation of Government Code Section 35002, which is one of the code sections in the Uninhabited Annexation Act under which you proceed. That section calls for the submission of the proposed boundaries and map of annexation area to the Boundary Commission of Los Angeles • County and receipt of that report from them prior to the initiation of annexations of uninhabited territory. You initiated annexation proceedings on December 29, 1960, by adoption of Resolution No. 1997, and thereafter filed with the Boundary Commission of Los Angeles County the proposed boundaries; and map,thereof. This was despite the fact that the map was prepared no later than December 125 1960 and the legal description of the boundary was not completed prior to that date. We contend that you have violated the Government Code by proceeding with a stage that only comes after the Boundary Commission has consulted and reported. This is important in this case because the boundary cuts across lines of easement and owner- ship, and that is one of the matters the Boundary Commission must consider and report upon. Our second ground is that you had no jurisdiction or power to deter- mine whether there was a major protest here because the assessment roll does not give you that power in these particular circumstances Presented here. First, there is no lawful assessment of 1100 acres of Forest Lawn property on the assessment rolls. The Constitution of California and government code re, land sectionalized ...... divided into sections,.... cannot supersede one section. Despite that con- stitutional mandate, the tax assessor of Los Angeles County assessed the entire BallX! , ranch as a unit of 1100 acres, and this was not discovered by us until we looked into the matter of annex- ation and on looking at the assessment discovered this fact. Therefore, as of this date, there is no lawful assessment on the last equalizing assessment roll beyond which you can make a finding either of total assessed findings or Forest Lawn acres. There is no power given to the City Council: in the annexation act to abolish or attribute any part of the general assessment to specific portions of property. Unlike the power given to the Council in public property in that you may find a portion of the assessed value represented by land within the annexation area. C. C. 2-14-61 Page Eleven FEARING OF PROTESTS ON EASTERLY ANNEXATION NO. 167 - Continued Mr. Bennett Priest - Continued: As to privately -owned, land, there is no statutory power and you cannot apportion or eliminate a portion of the property, and you should abandon proceedings or wait until there is lawful and proper assessment of the particular acreage which you have in mind here. In any event; it is our contention that the assessed value of 100 acres of this property cannot be less than $110,000.00 which is more than half of the assessed valuation of the territory. Mr. David Frank Culver Appraisal of Real Estate. 2103 Elsiendo Drive Hollywood Mr. Priest: How many years have you been involved in the appraisal of real estate? Mr. Culver: Since 1927. Mr. Priest: Have you made appraisals for both public and private business? Mr. Culver: Yes, the State of California Highway Division, City of Los Angeles, City of Santa Monica, Department of Water and Power, etc. • Mr. Priest: You have also appraised for private persons and firms? Mr. Culver: Many. Mr. Priest: Are you familiar with the West Covina area and the area to the east of it? Mr. Culver: Yes, I have made recommendations in this area. Mr. Priest: Over what period? Mr. Culver: From 1950 to the present date. My most recent appraisal was a 15 acre school site on Cameron Avenue across from the South Hills Country Club. In 1955, I appraised for the State of California various parcels acquired for the San Bernardino Freeway, some on the north side of the present freeway directly opposite the Bayloy Ranch. In 1955 I made a preliminary appraisal of part of the Bayldy Ranch as part of the proposed improvement of the San Bernardino Freeway. Mr. Priest: Have you, at our request, appraised the 100 acres of property of Forest Lawn within the annexation district? Mr. Culver: Yes. r C. C. 2-14-61 Page Twelve HEARING OF PROTESTS ON EASTERLY ANNEXATION NO. 167 - Continued Mr. Priest: What is your opinion of the fair market value of that 100 acres? Mr. Culver: $550,000.00. Mr. Priest: Would you give your reasons, in brief, for that evaluation? Mr. Culver: Location, topography, and the general layout of property, and the fact that there is a strong demand for residential area here. I considered this as a separate parcel by itself, not as a larger parcel. I have had experience in this area and the property could be subdivided without too much expense and the property developed for residential sites. With this, in conjunction with it, I obtained information on a number of sales on residential properties adjoining to the west and south and which are contained in my report. I did not base evaluation on those sales entirely, because they were subdivided properties, but I took into consideration sales of acreage in the City. Considering all these factors, and I have had experience as a subdivider and developer of this area, 100 undeveloped acres would sell on the open market, as of February 1, 1961, at $550,000.00. Mr. Priest: As a result of the examination, did you form an opinion as to the fair assessed value of this property? Mr. Culver: Yes, $110,000.00. This was based, in part, on a study made of the ratio of assessed values of sales ... the price of other residential property in the West Covina area, some in the City and some in the County. It was also based on the fact of the valuation of $550,000.00. It was also based, in part, relative to a recent discussion with Mr. Quinn which took place in his office in the County Administration Building on February 6, 1961. These studies tYat I made of sales ratio of assessed values to sales prices averaged about 5 to 1. Assessed values averaged out 20 to 22 percent of sales price. I didn't base it on that alone, but my findings confirmed it was a reasonable ratio, but I did not discuss values with Mr. Quinn. However, as a result of my discussion with him, that the 100 acres or some other breakdown would be in the normal course of assessing, property would be assessed separately than, as it is now, of an area over 100 acres. Mr. Priest: list of sales of other lands? Mr. Culver: Did you give a written report listing the reasons for your opinion, a map of the area, and Yes. Mr. Priest: Is this the report? Mr. Culver: Mr. Priest: Yes. I would offer it as an exhibit. Mayor Heath stated this report would be marked as Exhibit "A". • C . C . 2-14-61 Page Thirteen HEARING OF PROTESTS ON EASTERLY ANNEXATION NO. 167 - Continued Mr. W. D. Moore: I am the attorney for Forest Lawn Company. Mr. Priest has outlined the legal position and Mr. Culver the factual position. It is our request, at this time, that the Council make a decision that a majority protest has been filed on this matter. We feel that under the code, it is now mandatory that you make a decision that if a majority protest is filed, the government code prohibits your going any further with these pro- ceedings. City Attorney Williams: Mr. Culver: Mr. Williams: Mr. Culver: Mr. Williams: Mr. Culver: Mr. Williams: Mr. Culver: Mr. Williams: be assessed at $28,010.00? Mr. Culver, did you form any opinion of the fair market value of the entire 1100 more or less, acres owned by Forest Lawn. No. Do you have any opinion as -to the assessed valuation of the entire 1100 acres, more or less, owned by Forest Lawn. Yes. What is that figure? $138 010.00. $135,000 for land and $3,010.00 for improvements. It is your opinion the assessed value of 100 acres included in the acreage should be $110,000.00? Yes, that is on the premise that if it were properly assessed based upon its fair market value. Is it your opinion the remainder of value properly assessed based on its fair market value should Mr. Culver: There was no study of market valuation of the entire 1000 plus acres. I only appraised the 100 acres, and in my opinion, from my investigation, the ratio of assessed value to market value and my conversation with Mr. Quinn, that if it were properly evaluated and properly assessed, it was my opinion that it would be $110,000.00. a Mr. Williams: Mr. Culver: Mr. Williams: Mr. Culver: You have no opinion as to the total amount of the 1100 acres would be if properly assessed? No. You have no opinion as to whether the $135,000.00 assessment on land is proper? I do not, at this time. I • C. C. 2-14-61 Page Fourteen HEARING OF PROTESTS ON EASTERLY ANNEXATION NO. 167 - Continued Mr. Williams: Do you have any opinion as to what proportion of the assessed valu- ation of the total 1100 acres should be included within the annexation? Mr. Culver: Mr. Priest: roll for all of 1100 acres? Mr. Culver: Mr. Priest: Mr. Culver: Mr. Priest: I appraised the 100 acres as a separate and distinct parcel. In connection as to the assessed value of $138,010.00. Is that figure contained on assessment Yes. Single assessment? Yes. Did you discuss that with Mr. Quinn the County Assessor? Mr. Culver: Yes. Mr. Priest: What was said? Mr. Culver: It was said it was erroneously assessed, and that by law, he should not assess any parcel of land larger than 640 acres in one assessment. Mr. Williams: Amount erroneous or he should break it down into smaller assessments? Mr. Culver: Only the breakdown. The City Clerk presented and read the assessed value report on four parcels of property, as follows: LAND IMPROVEMENTS LETSON, Charles R. & B. Jean 20110 Lorencita LOT 45 PARCEL 7 1.84 ACRES $2300.00 GORDON, FRANKLIN H. & Marian 20224 Lorencita LOT 46 PARCEL 8 4.25 ACRES $7100.00 ELLIOTT, Elizabetha ) 19944 E. Lorencita ) VINEY, Rea E. $1500.00 420 West Palm Drive ) Covina ) LOT 48 PARCEL 3 0.90 ACRES $4130.00 17,040.00 I 0 • C'. C . 2-14-61 Page Fifteen HEARING OF PROTESTS ON EASTERLY ANNEXATION NO. 167.- Continued ASSESSED VALUE REPORT - Continued DAVIDSON, Duncan A. 20175 Lorencita LOT 48 PARCEL 5 FOREST LAWN 5.96 ACRES 6500.00 $17,400.00 1031.5 ACRES $135,000.00 9790.00 $30,96o.00 17,400.00 100 ACRES ? $3010.00 $138,olo.00 Mr. Williams: There has been the inability to prevail upon the County Assessor or his representative to come here tonight. The opponents of this annexation would like to have an opportunity to have the assessor or his representative here to give further testimony or alternative to produce something in lieu thereof and it is requested to continue this hearing until the next regular meeting. I think you are going to have to make a determining as to what would be the fair assessed value of the Bayley Ranch, which should be attributed to this 100 acres and all the complete, fair, and impartial information you can get before making that determining. Councilman Towner: Shall we authorize an independent appraisal of some kind? Mr. Williams: I would like to have the author- ization if it seems desirable to do that. Motion by Councilman Towner, seconded by Councilman Brown, that the hearing on Easterly Annexation No. 167 be continued to the next regular meeting of February 27, 1961, at 8 P. M. in the City Hall, and that the Council authorizes the staff to obtain more information from the County Assessor or independent appraiser if, in the staff's Judgement, it is necessary or desirable. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Mr. Williams indicated that those protesting would be accorded additional evidence or rebuttal to evidence. Mayor Heath called a recess. Council reconvened at 9 P. M. C. C. 2-14-61 Page Sixteen SOUTHWESTERLY ANNEXATION Protest hearing was continued NO. 166 from January 23, 1961, to allow a period of 10 days for filing of additional protests. The City Clerk stated that petitions received were signed by 128 persons owning property within the proposed annexation. These were mostly signatures of both husband and wife representing 73 parcels of property. Hearing was continued to February 14, 1961 in order to allow an additional 10 days for the protestants to obtain additional signatures protesting the annexation as required by law. (To and including February 2, 1961.) Twenty-one signatures were added to the petitions during this ten day period representing an additional thirteen parcels. Total - 86 parcels Value - $88 620.00 Number of parcels and their assessed value in Proposed Annexation No. 166 198 $204,860.00 Number of parcels and their assessed value represented by protest petitions 86 88,620.00 43.21% protest There were nineteen parcels assessed at $16,780.00 represented by persons who signed the protest petitions who were not the owners of the property according to the information reflected in the last equalized tax roll. These were included in the protests in order • to determine the maximum protest total. Mayor Heath stated that this was the time and place for the contin- uation of the protest hearing on Southwesterly Annexation No. 166 and all those desiring to present testimony should rise and be sworn in by the City Clerk. It was further indicated that although protest testimony may be presented no further written protests can be filed or accepted. Mr. E. J. Allen I would bring out the fact that 14502 Francisquito Avenue there are 56 of these parcels that belong to the Los Angeles Trust and Mortgage Exchange now under receivership, and only about 28 of these are occupied. We are unable to see, or determine, how the valuation of this thing can go along as long as these things are under the court's juris- diction. People who live in them do not know whether they are entitled to vote on this even if they had a deed or were buying them, and of the 160 signatures we have,th.at doesn't mean 160 owners. But we have talked to many people who do not like to sign protests as a rule, and I am one of them, although I did this time because I do not want to be included in the annexation. I would also refer to the matter of the West Covina School District where they attempted to seize the Tonopah School from the Bassett School District and failed in their attempt, and it was a matter which just immediately preceded this annexation. It costs money to hold special elections and I will tell you that if you try to hold this election to take over these properties you won't win it and it will have cost you money for the election. N i C. C. 2-14-61 SOUTHWESTERLY ANNEXTION NO.. 166 - Continued Mrs. J . Madrid 1435 Meeker Avenue Page Seventeen I am confused over those people in homes who can't vote because of the court matter. I went around relative to protest petitions right from the begin- ning, and I know that you won't Turin this and I see no point to carrying it through. Mr. J. Rafferty With 56 parcels of land in the 1433 N. Meeker Avenue courts, how can ownership be determined on this property and how can the valuation of these parcels be determined in this annexation? Mr. Williams: It isn't necessary for the City to determine the ownership of them unless there are protests. It is only necessary to determine what the total assessed value is and whether 50% or more of that did protest. Mr. Rafferty: If it came to an election, have any of these 56 parcels the right to vote? Mr. Williams: The ownership has nothing to do with the election. People may vote who are registered voters. It does not make any difference whether they own it or do not own it. Anyone registered within the area is entitled to vote at the time of the election. Council has now passed the point of protest by ownership and can now conduct an election, and at that point, ownership is immaterial. In that case, it is the majority of voters, whether favor annexation or do not favor it is no longer material. Motion by Councilman Snyder, seconded by Councilman Barnes, and carried, that it is the finding of the City Council that there has not been a majority protest relative to Southwesterly Annex- ation No. 166. Councilman Towner: The City of West Covina isn't aggrandizing this property. The property is socially, econ- omically, and geographically within the so called West Covina area, and I think we should give the people in that area an opportunity to vote as to where they want to go. What is the cost figure on this? City Clerk Flotten: It will run between five and six hundred dollars. There are 186 registered voters. ` Mayor Heath declared the hearing closed. C. C. 2-14-61 RESOLUTION NO. 2022 Calling for a special election to be held April 25, 1961. ADOPTED Page Eighteen The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CALLING A SPECIAL ELECTION TO BE HELD THE 25TH DAY OF APRIL 1961 PERTAINING TO THE ANNEXATION OF SOUTHWESTERLY ANNEXATION NO. 166 TO THE CITY OF WEST COVINA. " Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Brown, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2022. SANITARY SEWER DISTRICT Hearing of protests or objections A'11-57-8 to the confirmation of assess- ments to cover the installation of sanitary sewers in the Ellen Drive and Rowland Avenue Sewer District. • Set for hearing this date in the "Notice of Filing Assessment and Diagram" dated January 20, 1961. Mayor Heath: This is the time and place for the hearing of protests or ob- jections against the assessment for improvement of Ellen Drive and other streets in the City of West Covina. Mr. City Clerk, do you have the affidavits of Publication, Posting, and Mailing relative to this hearing? City Clerk Flotten: We have the affidavits. Mayor Heath: I will entertain a motion to receive and file the affidavits. Motion by Councilman Barnes, seconded by Councilman Brown, and carried, that the Affidavits of Publicating, Posting and Mailing be received and filed. Mayor Heath: Mr. City Clerk, have you received any written protests or objections against the assessment, the improvement as constructed, or the proceedings? City Clerk Flotten: We have received two written protests, one from Mr. Lloyd H. Noble of 602 N. Chapman Street, and Mr. Steven Patti of 553 Chapman Street, relative to assessment amount. • • C. C. 2-14-61 Page Nineteen SANITARY SEWER DISTRICT A111-57-8 - Continued Mayor Heath opened the public hearing and stated that all those desiring to present testimony should rise and be sworn in by the City Clerk. Mr. S. Patti I have brought with me my land 553 Chapman Street title indicating the front footage on my property, and I would like to find out if the assessment will be reconsidered as indicated in my written request. Mr. Rosetti We find that on the engineering Assessment Engineer: maps submitted to our firm, the frontage of this property of Mr. Patti's was incorrectly shown, and we will bring it down to 71 feet instead of the 80 feet as shown on the map. That would make an assessment deduction from $379.56 to $317.04. There is no inequality in the other matter of protest. Motion by Councilman Snyder, seconded by Councilman Barnes, that since there are no other protests forthcoming, the hearing be declared closed. RESOLUTION NO. 2023 Modifying assessment diagram and assessment roll ADOPTED Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA MOD- IFYING ASSESSMENT DIAGRAM AND ASSESSMENT ROLL IN SEWER ASSESSMENT DISTRICT A111-57-8." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Brown, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution ;,las given No. 2023. RESOLUTION NO. 2024 Confirming the assessment in District A'11-57-8 ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CON- FIRMING THE ASSESSMENT FOR THE IMPROVEMENT OF ELLEN DRIVE AND OTHER STREETS IN THE CITY OF WEST COVINA."(A'11-57-*8) Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Brown, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilren Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2024. • • C . C . 2-14-61 Page Twenty ZONE CHANGE NO. 176 LOCATION: East of proposed City Initiated Vincent Avenue, south of Walnut APPROVED Creek Wash, west of Glendora Avenue. Recommended for approval under Planning Commission Resolution No. 1000 to .eclassify from Zone R-A Potential C-1 to Zone C-2. Mayor Heath opened the public hearing. There being no testimony presented, the hearing was declared closed. Motion by Councilman Brown, seconded by Councilman Snyder, and carried, that Zone Change No. 176 be approved in accordance with the recommendations of the Planning Commission. CITY CLERK APPLICATION FOR TEMPORARY USE PERMIT APPROVED February 15 to 27, 1961. From Eastland Business Men's Association and Clippinger Chevrolet to conduct "Chevy Show:" Mr. Howard Richardson of.Clippinger Chevrolet stated this also con- sists of the showing of a motion picture presentation which projects the spectator into the middle of the action taking place and comes directly from the Motorama which has just concluded in. the Pan - Pacific Auditorium. The City Clerk stated that this is the annual automobile -show that has been presented at the Eastland Shopping Center. City Manager Aiassa: Councilman Brown: City Manager Aiassa: Perhaps such things as this could be handled administratively in the future if they can be properly cleared by the Staff. I would go along with that so long as it doesn't include such things as carnivals. At present we must delay them because of procedure, but this type of thing is usually a routine matter. The committee can get a report and submit it in written form to members of Council. Then if Councilmen felt it should come before the Council, we would stop the permit and forward all data to the City Council. Councilman Barnes: I think it is a good idea because this type of show isn't limited to West Covina, it is also taken to other -cities and they couldn't wait too long to operate in one area. Motion by Councilman Barnes, seconded by Councilman Brown, and carried, that permission for an Unclassified Use Permit to conduct a "Chevy Show" at the Eastland Shopping Center be approved, subject to City Department Committee approval. C. C. 2-14-61 WRITTEN COMMUNICATIONS Communication from Mr. Garland G. Melton their recent help in locating a Page Twenty-one The City Clerk stated that this was a communication expressing appreciation and commendation of the City's Police Department for 10 st youngster. Councilman Towner stated that he, too, had found from personal experience that our Police Department is helpful and courteous and efficient, due to a recent episode in -which he solicited the Department's aid in getting his son's kite off a rather irate neighbor's house roof. CITY MANAGER'S REPORTS WEST COVINA WASH TO Transmittal of invoice - CHARTER OAK WASH $530,000-00. VAUGHN D. WALTERS., DIRECTOR OF FINANCE FUNDS FOR BRIDGES The disbursement of the advanced deposits for bridges is being pre ared for the Council meeting on February 14. The final figure of M0,000.00 is comprised of the following funds: County Aid $ 57,780.12 H.T.C. Funds (county) 55,200.00 State Gas Tax 223,645.27 Property Owners 5,963.08 • Flood Control 88,000.00 Traffic Safety 26.7120.00 Motor Vehicle in Lieu 43,200.00 Capital Outlay 30,091.53 $.530,000.00 We are advancing a total of $152,736.80 from the General Fund in order that current time deposits may be left undisturbed until maturity dates which will occur during the months of February and March. The following are the amounts owed by the various funds to the General Fund due to said advances: Gas Tax Flood Control Capital Outlay $ 70,645.27 63,000-00 19,091.53 $ 152,736.80 Motion by Councilman Brown., seconded by Councilman Towner, that authorization be given to draft the warrant of $530,000.00 for bridges to Los Angeles County Flood Control District as per agreement and authorize the Finance Officer to change these various accounts as read. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None C . C . 2-14-61 Page Twenty-two SERVICE AVENUE BRIDGE SUMMARY REPORT: RIGHT-OF-WAY "After considerable review, discussion, and analysis with the various oT.ners perta_ning to the necessary right-of-way for the proposed bridge extension to Service Avenue, the following has been accomplished: 1) The Japanese -American Association have executed a grant deed to the City of We Covina. for the amount appraised by Mr. Verne Cox. We have presently budgeted an allocation of $10,000, but will need an additional allocation. 2) Mr. Sugar is willing to grant to the City of West Covina a grant deed for the right-of-way between Mr. French's property and the Flood Control District property, plus a triangular piece for the bridge encroachment for the sum of $880.00. This property, except for the small triangle, will be used to close negotiations with Mr. French. 3) Mr. French will concede his right-of-way frontage for the con- sideration of the portion acquired from Mr. Sugar, plus a cash settlement of $550.00. This will clear up the tree problem, landscaping, severance damages, etc. We have a formal committment from Mr. Sugar in a written form and a form procedure by letter to Mr. French. Mr. French has verbally approved the procedure and recommendations as outlined on the letter. We believe this will completely eliminate the necessity for condemn- ation which will be a considerable saving on legal fees, etc. The following sums of money are necessary to acquire certain prop- erties for the Service Avenue Bridge: 1. East San Gabriel Valley Japanese - American Association $15,025.00 2. French property 550.00 3. Sugar Property (2 parcels) $108.00 780.00 888.00 $16,463.00 These figures represent $6,463.00 over and above funds budgeted. City Manager Aiassa: According to previous appraisal, the total amount authorized to be spent on Parcel 1 was $970.00; Parcel 2, $1,575.00; and Parcel 3, $375.00, giving a total of V16.11103-00. 7,070.00. The entire transaction was closed for the amount of LETTER TO MR. FRENCH TO BE SPREAD UPON THE MINUTES: February 9, 1961 - Re: Service Avenue Bridge g Right -of -Way Mr. Kenneth French 1305 Service Avenue West Covina, California C. C. 2-14-61 Page Twenty-three SERVICE AVENUE BRIDGE RIGHT-OF-WAY - Continued Letter to Mr. French - Continued: Dear Mr. French: In accordance with our verbal understandingyesterday, February 8th y Y� y at a meeting held in my office with the City Attorney, the proposed steps are recommended to be followed in our negotiation to acquire a portion of your property necessary for street and highway develop- ment. The recommended proposal is as outlined: 1) You will provide clear title of that parcel of property indicated on the map delivered to you yesterday with the attached Encroach- ment Permit to provide egress to your property for which the City of West Covina will in exchange do the following: a) Grant to you the property presently owned by Mr. Sugar immediately adjacent to your property as outlined in the sketch map which is attached hereto. b) The City of West Covina will remit to you the sum of $550.00 for the replacement of certain existing improvements such as one large Walnut tree and other landscape shrubs, etc. c) The City of West Covina will amend the improvements plan in accordance with your request, which is necessary as per improvement plans as corrected, and will obtain from the Flood Control District the right to join their proposed driveway to be used for an access road for Walnut Creek • Channel maintenance. d) The City will negotiate with the Flood Control District in amending plans to permit you to utilize the parcel of land adjacent to the Wash right-of-way with a minimum of incon- venience insofar as fence lines, obstructions and driveway access to the rear of your property. e) The City will, with the execution of the Encroachment Per- mit, remove the old asphaltic driveway area in your front yard up to the face of your garage. 2. In executing this agreement, you will give the Los Angeles County Flood Control District a construction easement over that portion of the Sugar property to be acquired in exchange for a fair rental value, said rental value to be established in negotiating with the District. This construction easement to be effective between the dates of March 1, 1961 and May 31, 1962. 3. It is understood that you will be permitted to use the Sugar property between the time you are denied access to the garage from Service Avenue due to roadway construction, and the com- pletion of the scheduled contract date of May 31, 1962. Please let it be understood that in our negotiation for the exchange of parcels the execution of this agreement will only be effective upon the satisfactory negotiations with other parties which are the Sugar Construction Company and the Los Angeles Flood Control District. In the event we are unable to consummate our negotiations with either of these parties as presently proposed and which have been tentatively assured us by these parties, we will file condem- nation for the parcel in question as a last alternative. r� U 0 C . C . 2-14-61 Page Twenty-four SERVICE AVENUE BRIDGE RIGHT-OF-WAY - Continued Letter to Mr. French - Continued: If this proposal meets with your approval, please sign the original copy and return to this office. This proposal is subject to City Council approval and ratification at their regular meeting to be held Tuesday, February 14, 1961. Very truly yours, SIGNED: George Aiassa City Manager APPROVED: Kenneth R. French Signed RESOLUTION NO. 2025 Accepting a certain written instrument ADOPTED Mayor Heath: The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." (San Gabriel Valley Japanese -American Association) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Brown, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2025. e PROPERTY OF EAST SAN GABRIEL VALLEY JAPANESE- AMERICAN ASSOCIATION Motion by Councilman Brown, seconded by Councilman Snyder, that authorization be given for the payment of the amount of $15,025.00 for this property. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None City Manager Aiassa indicated that this was negotiated strictly on the appraised value as determined by Mr. Cox, our land appraiser, and that the Japanese -American Association has accepted our pro- posal. 0 C . C . 2-14-61 Page Twenty-five AUTHORIZATION FOR PORTION Motion by Councilman Brown, OF SUGAR PROPERTY (Triangle) seconded by Councilman Barnes, that the City Manager be auth- orized to make a payment in the amount of $108.00 to Sugar Construction Company for one piece of property as listed on 0012-D. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None RESOLUTION NO. 2026 Accepting a certain written instrument ADOPTED Mayor Heath: The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF." (Sugar) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None Said resolution was given No. 2026. Motion by Councilman Barnes, seconded by Councilman Brown, that the City Manager be authorized to proceed with escrow as per letter to Mr. French, deposit in escrow the sums of $780.00 and $550.00, and open and close escrow subject to contract agreement. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: None VINCENT AVENUE EXTENSION City Engineer's Report "With the opening of Vincent Avenue Extension imminent, it is recommended that consideration be given to the construction of additional pavement on Glendora Avenue. This would provide sufficient width to allow channel- ization for the traffic traveling northeasterly on Glendora Avenue, wishing to proceed northerly on Vincent Avenue. The present roadway width will not permit this channelization. The proposed construction, as indicated by Section "A" on the attached print, will provide sufficient width to allow one lane of through traffic (on Glendora Avenue) to proceed with a minimum amount of delay at a minimum initial cost. Cost of said construction is estimated at $2500.00 for a structural section consisting of 2" of asphaltic concrete on 8" of aggregate base with redwood header. C . C . 2-14-61 VINCENT AVENUE EXTENSION - Continued City Engineer's Report - Continued: Section "B" indicates widening on which would provide an additional traffic on Vincent Avenue to merge traffic or. Glendora Avenue. This movement acid would be desirable. be $2200.00. Page Twenty-six the west side of Glendora Avenue lane to allow the southbound more smoothly with the southbound would decrease the delay for this The cost of this is estimated to Due to the existing traffic pattern on Glendora Avenue, Service Avenue, California Avenue, and State Street, it is difficult to estimate the anticipated left turn movement at the intersection of Vincent Avenue and Glendora Avenue. However, in the interest of traffic safety and in order to expedite the movement of traffic, it is recommended that authorization be granted to prepare plans and obtain bids for the above mentioned work." Councilman Brown: studying alignment of streets in Mr. Aiassa: for a left-hand. turnoff. I think we should hold off any construction in here until the Planning Commission finish this area. At the time of the Vincent Avenue Extension study, concern was reported about the necessity Mayor Heath: I think we should • the study before $2500.00. Councilman Towner: alleviate an existing problem. should be completed, but in the withhold Section "B". take time for spending It would seem that Section "A" would solve the immediate prob- lem of left-hand turns and I think that possibly Section "A" absence of some further evidence Mr. Dosh: If you do both sections at the same time, it would have to go to bids. Glendora Bridge will probably be closed at least from April to September of this year, so if this is improved it should be done right now, otherwise left until after September. Mayor Heath: I, personally, would like to see Section "B" go in right now. Mr. Aiassa: I think we have to face whether we are going to take care of this as a safety problem. Councilman Snyder: After construction of the bridge starts, all will have to turn left anyway, everybody. Mr. Aiassa: This intersection is a major intersection and the left-hand slot will be a good provision whether all are making left-hand turns or not. People would be coming into an abrupt stop area because they can't go over the Glendora bridge. You can double the speed of turning left, C. C. 2-14-61 VINCENT .AVENUE EXTENSION - Continued Page Twenty-seven Mr. Aiassa: (continued) otherwise you bank them too deep. With this improvement, you could make a left-hand turn and still could be used after the bridge is closed. You will permit two lanes making left-hand turns onto the new Vincent Avenue Extension. Mayor Heath: Council -man Brown: are goiiag to do anything on there, before the bridge is completed and there dedicated and apl,-)roved. Councilman, To%,*ner: bridge. During the period of time will be helpful in moving traffic. Mayor Heath: Councilman Barnes: Mr. Aiassa: put that improvement in. They won't have to stop to make a left-hand turn because they won't have anything in front of them. Regarding the property directly to the east of the intersection of Vincent and Glendora --if they it will be in the mill probably then we can get the property in You still need the left-hand Slot. I think that Section "A" is going to have to go in as a safety factor before and after the the bridge is closed off it But leave out Section "B". I feel that "B" than "A". If we think we should them. So do I. is more necessary put in "A", I put in both of There is a precise plan filed where "B" exhibit is shown and the developer would have to Councilman Brown: I talked to his agent, and it was indicated there will be a sale of the whole piece of property. We're talking about five months for the bridge to be closed, so this section would only be in use about fifteen days from end of construction and in five months properties could be improved and dedicated, and I do not think we need this for fifteen days. Mr. Aiassa: That is if the present precise plan develops as it now exists, but I was informed it wouldn't be done as filed. Councilman Brown: Anything he improves must be improved to the existing pave- ment, so it would do all of "A" except the channelized slot. • C. C. 2-14-61 Page Twenty-eight VINCENT AVENUE EXTENSION - Continued Mr. Aiassa: What if he doesn't do it for the next 4, 5, 7, 12 or 13 months? You have a serious condition existing now and if you don't do anything, I am on record in speaking of the need here now because of a traffic problem. Councilman Snyder: Wait and see until the bridge is opened up. Councilman Barnes: We will know what the condition is in 3 or 4 months. Mayor Heath: This couldn't be put in for a month and shortly after that the bridge will close down for six months and about the time the bridge is supposed to open we should take a look at this and see if we should put this in or if the area has developed. Councilman Barnes and Brown stated they felt as Mayor Heath did. Councilman Snyder felt it was something that could afford to wait and Councilman Towner stated that although these statements were not his feelings, in that he felt Section "A" would help add a safety factor, he would go along with the Council's general feeling on this matter. SUNSET AVENUE SERVICE ROAD IMPROVEMENTS AUTHORIZATION TO DRAW WARRANT TO PAY DR. GORDON FOR SEWER PARTICIPATION APPROVED Continued to meeting of February 27, 1961. Reimbursement Agreement No. 22 Sewer Construction Account No. 151-B, Orange Avenue Trunk Mr. Aiassa: This was a reim- bursement agreement relative to the Orange Avenue Trunk line done prior to my coming into the City. The amount of $4314-70 was to be paid to Dr. Gordon who initially put up $10,000.00 to insure a sewer line for the West Covina Hospital. Motion by Councilman Brown, seconded by Councilman Barnes, that the Mayor be authorized to sign the Warrant to pay Dr. Gordon the amount of $4314.70 in accordance with Reimbursement Agreement No. 22 of February 24, 1958 with the sum to be charged to Sewer Construction Account No. 151-B. Motion passed on roll call as follows: Ayes: Councilmen Brown, Towner, Barnes, Mayor Heath Noes: None Absent: None • C. C. 2-14-61 COUNTY LIBRARY SITE SEWER FEES AND CHARGES Connection Permit Fee Excavation Permit Fee Page Twenty-nine Project SS-13 - Reimbursement Agreement No. 22. $5.00 $2.00 Reimbursement Agreement No. 22 - $515.77 - based upon a $252.8303 charge per acre involving 2.09 acres occupied by the library site and one-half the width of Service Avenue along the Library's frontage. City Project SS-13 - $334.60, based upon a $164.02 per acre charge. Motion by Councilman Brown, seconded by Councilman Towner, that the amount of $515.77 be collected from the County Library Department and waiving all other fees. STREET SWEEPER REPORT Amount budgeted is $12,500.00 based on written. specifications. Authorization needed for Finance Department to be authorized to call for formal bids. Councilman Brown: • Mr. Dosh: Mayor Heath: Mr. Dosh: We've been running our sweepers eight years. What did it cost us? $10,000.00. What is the cost of a new one? Possibly a little more than that. Mayor Heath: We've gone over this before and pointed out the down time on these machines is rather heavy, and the streets aren't getting cleaned. Councilman Brown: I'd like to see these sweepers run more hours. It is too big an investment to run only six hours per day, which is the actual time considering cleaning, etc. Mr. Aiassa: Councilman Towner: Mr. Aiassa: Councilman Brown: We can put another man on the crew. Was there any discussion or consideration given by staff on lease arrangement? You can lease them, but the only thing is it is usually with option to purchase and you end up by buying it. Then,you pay practically double. 0 • LJ C. C. 2-14-61 STREET SWEEPER REPORT - Continued Page Thirty Councilman Barnes: It was suggested at budget time that we buy a new sweeper then use the older sweeper as relief sweeper. I am wondering even then if we can keep up unless we put on another shift, not ,just 8 hour shift, but two shifts. We should not operate three sweepers, but keep two sweepers in operation. Councilman Brown: It would be two sweepers 12 hours a day, because servicing and cleaning cuts use down to about six hours of actual service. It was felt this matter should be held over until the next meeting and Mr. A_,assa indicated that Council should bear in mind the existing sweepers are getting older and there are more breakdowns, and the more breakdown the less sweeping is going to get done, plus there had been considerable discussions and delay on this matter. CURRENT LEGISLATURE Mr. Aiassa referred to A.B. 127 Brown Act which is in reference to all meetings being open, as proposed legislation. Councilman Towner: I think this proposed bill is wholly unrealistic and unfair to the public and I think we should oppose it and send communications with reasons for the opposition to Mr. Cameron. Mr.. Aiassa: The City Attorney could draft a resolution, and the Mayor could send a letter directly to Sacramento. Councilman Barnes: I would suggest all of us send a letter to Assemblyman Cameron as it gives him more to work with. Councilman-, Brown.: Possibly a resolution carries more weight. Councilman Towner: We should also take note of the timing of the hearing before the Assembly Committee. Mr. Williams: I think the members of Council should write letters as well as draft a resolution. A personal communication carries weight. Mayor Heath: We would like to request, then, that the City Manager draft five letters for our various signatures, each if possible having a different comment in it. Councilman Brown left the Chambers at 10:45 P. M. • • C . C . 2-14-61 Page Thirty-one RESOLUTION NO. 2027 The City Manager presented: Authorization for Mayor to "A RESOLUTION OF THE CITY COUNCIL execute an assignment to OF THE CITY OF WEST COVINA Los Angeles Flood Control District AUTHORIZING THE MAYOR TO EXECUTE ADOPTED AN ASSIGNMENT TO THE LOS ANGELES FLOOD CONTROL DISTRICT." This permits that the old Wash known as the "OxBow" will be filled by material dug from the new Wash alignment and encroachment permits signed by local jurisdication as needed by the flood control to permit this work to be done. Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Barnes, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown Said resolution was given No. 2027. RESOLUTION NO. 2028 Acknowledging the support and assistance of Robert A. Allen ADOPTED Mayor Heath: The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACKNOWLEDGING THE SUPPORT AND ASSISTANCE OF ROBERT A. ALLEN." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None _Absent: Councilman Brown. Said resolution was given No. 2028. RESOLUTION NO. 2029 Recommending opposition to Assembly Bill No. 127 ADOPTED The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RECOMMENDING ALL POSSIBLE OPPOSITION TO ASSEMBLY BILL NO. 127." Mayor Heath: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Barnes, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ll C . C . 2-14-61 RESOLUTION NO. 2029 - Continued Page Thirty-two Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown Said resolution was given No. 2029. CLAIM OF JUDITH TRAUN APPROVED Amount $12.95. For the reimbursement for one pair of shoes ruined in carrying out an assignment considered as Matron Duty as ordered by Police Chief Allen Sill. Motion by Councilman Towner, seconded by Councilman Barnes, that Judith Traun be reimbursed in the amount of $12.95 for shoes damaged for the reasons as indicated. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown PERMISSION GRANTED FOR CITY MANAGER TO LEAVE THE CITY Attendance of the City Manager at conference at Fresno on dates of February 15, 16 and 17, 1961. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that permission be granted for the City Manager to leave the City for the reason and on the dates as indicated. COMMUNICATION THANKING THE BOARD OF SUPERVISORS FOR MEETING ADJOURNMENT expressing appreciation for memory of Percy R. Jackson, the City of West Covina. CITY ATTORNEY Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that a letter be drafted and sent thanking the County Board of Supervisors, the adjournment of their meeting in former Chief Building Inspector of RESOLUTION NO. 2030 The City Attorney presented: Ordering the City Engineer to "A RESOLUTION OF THE CITY COUNCIL prepare an assessment diagram, OF THE CITY OF WEST COVINA etc., for lighting of City ORDERING THE CITY ENGINEER TO streets. PREPARE AN ASSESSMENT DIAGRAM, ADOPTED PLANS, SPECIFICATIONS, ESTIMATE AND REPORT PURSUANT TO THE PRO- VISIONS OF DIVISION 14, PART 1 OF THE STREET AND HIGHWAY CODE, STREET LIGHTING ACT OF 1919, AS AMENDED FOR THE FURNISHING OF ELECTRIC CURRENT AND FOR THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND APPLIANCES IN.SAID CITY FOR A PERIOD OF THREE (3) YEARS ENDING JUNE 30, 1964." • • C. C. 2-14-61 RESOLUTION NO. 2030 - Continued Mayor Heath: Page Thirty-three Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown Said resolution was given No. 2030. RESOLUTION NO. 2031 Denying request for change of zone (Casler & LaBerge) ADOPTED Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A REQUEST FOR A CHANGE OF ZONE." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown Said resolution was given No. 2031. RESOLUTION NO. 2032 Denying a request for Unclass- ified Use Permit and Precise Plan (Vreeland) ADOPTED Mayor Heath: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A REQUEST FOR AN UNCLASSIFIED USE PERMIT AND DENYING APPROVAL OF A PRECISE PLAN OF DESIGN." Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder Noes: Mayor Heath Absent: Councilman Brown Said resolution was given No. 2032. C . C . 2--14-6_1 Page Thirty-four RI;SOi,LTTIOxT i.10. 2033 The City Attorney presented: Granting a variance "A RESOLUTION OF THE CITY COUNCIL (South Hills Little League) OF THE CITY OF WEST COVINA ADOPTED A VARIANCE." Mayor :Leath: Hearing no objections, we will waive.further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Barnes, that said rusolizt.on. be adopted. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Counc:lman Brown. Said resolution was given No. 2033• FESOLUTION NO. 2031E The City Attorney presented: Giving notice of proposed "A RESOLUTION OF THE CITY COUNCIL annexe?tion of certain OF THE CITY OF WEST COVINA GIVING territox'y NOTICE OF PROPOSED ANNEXATION OF ADOP11ED CERTAIN TERRITORY ADJACENT AND CONTIGUOUS TO THE PRESENT CITY LIMITS OF THE CITY OF WEST COVINA (Easterly Annexation District No. 1_67)." P11a,,r0r I:[eatl:: hearing no objections, we vgill waive further reading of the body of the resolution. Motion by 'Cc,.ync:i. n a n. SnydF i', sec.:onded by Councilman Barnes, that `+ i 1..t1 rt S:;.1. _ti U, .. `�e � C C-pl:ed . �;f)tiOYi t�^ l ? _ssed on roll call as fol-.o,s: .C'.ZTF1 t'i,o;, n.ei', �S 3. .i'nC �s .. Snider', TMayor H::a th 7 Abvent I i1.lJl !':'<.�� �-�-VLn 1':C'. r. i TRL"ID"i C" The City Attorney presented Odinance r;tend:ing Blest Covina "=. r��N ORDINANCE OF "'IF, CITY COUNCIL i,rtuniC: a_�_ C.oc.ie 'to rG'% o T Y �F V1EST Y-p .� \ .� OF SHE i,T1 �� �OVITTT�. l= �' .- e e.o' E, ' `„ 5'ESm �^OVIN" MtiNI- _ic:.i::�' i .� �c�L_l.:id P1I' TDINC� T:�;� r� r, CLPAL CODE SO AS TO REZONE CERTAIN PREMISES." Motion by Ooun i1. nan `(, _.L , seconded by Councilman Snyder, that further read-rir; of thie body of the ordinance be waived. 114otJ_on "ply `1'oc'aner, seconded by Councilman Snyder, and carr_ied, that t'.Le ordinance be introduced. INTRODUC'1'J'O1 O-rdinc%, ce-racnf, provisions cif t're "'Nest Covina, Mun' 1 r"o-de relating to !,,:i n!: r'ies; The City Attorney presented: "AN ORDINANCE Or THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING ZONING PROVISIONS OF TFE ti'11!-EST COVINA MUNICIPAL CODE RELAT-ING TO LAUNDRIES AND DIY CLEANING ESTA3LISHMENTS." C . C . 2-14-61 Page Thirty-five ORDINANCE AMENDING ZONING PROVISIONS - Continued Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that further reading of the body of the ordinance be waived. Motion by Councilman Barnes, seconded by Councilman Snyder, and carried, that the ordinance be introduced. ANDERSON ZONING CASE It was felt by the majority of INSTRUCTIONS TO APPEAL the members of Council that this matter should be appealed relative to the decision rendered. Councilman Towner stated, however, that he thought it was bad zoning but did not think it was so important that the City need spend the money to appeal and did not think the situation a valid one for setting a precedent for any future actions of Council, as had been brought forth in discussion. Motion by Councilman Barnes, seconded by Councilman Snyder, and carried unanimously that the City Attorney be instructed to appeal the decision of the Superior Court in the case of Anderson versus the City of West Covina. Councilman Towner stated that he voted in the affirmative on this matter since the remainder of Council appeared to be in favor of the appeal and he desired to vote with the remainder of Council in the affirmative. CITY CLERK NOTIFICATION FROM Proposed northerly annexation BOUNDARY COMMISSION district No. 46 and easterly annexation district No. 29 to City of Covina and annexa- tion district to the City of South E1 Monte. No objections. LA PUENTE RESOLUTION Resolution of the Planning RE MTA Commission of the City of La Puente requesting MTA study 'of the area regarding public transportation. REQUEST OF B.P.O.E. Permission to have annual circus ELKS LODGE on their lodge grounds, with APPROVED tent, from March 30 to April 2, 1961, 2 to 10 P.M. Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the.request of the B.P.O.E. Elks of West Covina be granted, subject to City Committee approval. • • C. C. 2-14-61 Page Thirty-six REQUEST OF CAMPFIRE GIRLS Pancake Breakfast at West Covina Irl"PPROVED High School on May 7, 1961 from 8 to 10 A.M. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the request of the Campfire Girls be approved subject to staff committee review. REQUEST TO SOLICIT APPROVED Easter Seal Association March 2 to April 2, 1961 Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the request to solicit by the Easter Seal Association be approved. :REQUEST TO SOLICIT APPROVED United Cerebral Palsy Campaign May 16, 1961. Mot -on by Councilman Barnes, seconded by Councilman Towner, and carried, that the recuf�st to solicit by the United Cerebral Palsy Association be approved. REQUEST OF ST. CHRISTOPHERS WOMEN'S COUNCIL TO SOLICIT PAID ADVERTISED-ENTS FROM CI`i'Y MERCHANTS REFERRED TO CHAMBER OF COMMERCE WITHOUT RECOMMENDATIONS PETITION FOR STREET RENAMING Motion by Councilman Barnes, seconded by Councilman Towner, and carried, that the request be referred to the City Chamber of Commerce without recommendations. Petition with eighteen signatures requesting that South Shasta Street be renamed in that it is an extension of Hollenbeck Street and has no connection with Shasta Street. This matter was referred to the Engineering Department for .report. INVITATION FROM THE CITY OF COLTON To attend the dedication ceremonies of their new Civic Center area. BADILLO STREET DEVELOPMENT Mayor Heath indicated that he had written letters to Baldwin Park and Covina relative to a talk with them on this street development and Baldwin Park has indicated they would be willing to discuss this at any time. FIREWORKS ORDINANCE Councilman Towner indicated he had no objection to the policy implication contained in this and it is just a matter of finding out whether the City Attorney has reviewed it and that it is workable. C. C. 2-14-51 Page Thirty-seven FIREWORKS ORDINANCE - Continued Councilman Barnes stated there was one correction in that it should indicate $25.00 for each stand to clean up. The City Clerk indicated this change had already been made. Mr. Williams stated he hadn't studied this thoroughly, but did read it over, and was waiting to see if Council wanted to put it in form. Mayor Heath stated that before putting it into proper form, that it should be sent, first, to the four groups interested in it with the indication that this was what was understood as having transpired in the meeting held and that Council is now about to take steps to have it go into effect, and to make sure it is satisfactory to these groups, with indications to Council. MAYOR'S REPORTS Mayor Beath: There was indication that Council desired to sit down with the assessor to see how the sewer districts are formulated and it has been indicated he is willing to do so if Council so desires. Councilman Snyder: We aren't going to change his procedure. Councilman Barnes: If we sat with Mr. Rosetti, I hoped that perhaps we could ask • the questions that we ask every time there is an assessment district formed. He explains them all pretty much the same way and it is pretty much the same formula and many questions are asked by the Council, but if we understood it better perhaps we wouldn't have to ask these same questions. Councilman Snyder: From the standpoint of gaining knowledge, I could go along with it. Councilman Towner: We can't become experts on this and each one has to follow the advice of the assessment eng- ineers and so long as it is presented understandably so we can pass judgement on it, I think we should let it go. Mayor Heath: Each time another district is brought in you find entirely different reasons for it. Councilman Snyder: I'd go along with Councilman Towner's .feelings. Councilman Barnes: If no one else wants this con- sultation and study, I'll go along with those feelings. Mayor Heath: I understand that Covina is permitting the Edison Company to put a station on the border line of West Covina at Badillo 200 feet west of Vincent. C. C. 2-14-61 Page Thirty-eight Mr. Joseph: I'm meeting with Mr. Storey tomorrow and can get more information then. Mayor Heath: The reason I brought this out is that I understand there were no hearings held as it was felt they weren't needed for this. Mayor Heath: We recently passed an ordinance to permit a group of three staff members to make a decision on slight modifications from setbacks, etc. This ordinance when it went through stated three department heads would get together and make these decisions on these things, and there also were to be substitutes for these department heads, so technically you can have three members of a department to make these decisions. The first one we get coming to us and definitely related to planning site of buildings, the Planning Director is the only one that voted against it, the other two were for it, which was the public works and building departments. If the public works and building departments can over rule the planning department, I am wondering if we want this. Councilman Snyder: I thought it was a good decision. Mr. Aiassa: The Planning Commission can always appeal it if they felt • it was an important defeat. APPOINTMENT OF COUNCIL REPRESENTATIVES Planning Commission - Councilman Barnes with Councilman Brown as alternate Recreation and Parks Commissio-iz - Councilman Brown with Councilman Snyder as alternate Personnel Board - Councilman Towner with Councilman Barnes as alternate DEMANDS APPROVED Motion by Councilman Towner, seconded by Councilman Snyder, that Demands in the amount of $1,361,291.16, as shown on Demand Sheets C-245 to C-247 and B-70 be approved. This to include fund transfers in the amount of $159,028.63 and bank transfers in the amount of $607,580.12. Motion passed on roll call as follows: Ayes: Councilmen Towner, Barnes, Snyder, Mayor Heath Noes: None Absent: Councilman Brown EAST SAN GABRIEL VALLEY PLANNING COMMITTEE City of West Covina as host City with meeting Thursday night. • C. C. 2-14-61 COMMENTS OF MRS. VAN DAME: Page Thirty-nine All the streets where sewers are being put in need to be washed. I've asked to have it done but it hasn't been done. You are having Mr. Eisner doing all kinds of surveys, but what has become of the survey or plans that were done by Martin and Assoc- iates for the Civic Center for which you paid $3,000.00 and included the City Hall? Mayor Heath: Mrs. Van Dame: Councilman Towner: Mrs. Van Dame: Mayor Heath: City Manager Aiassa: That is obsolete at this time as other changes were made and we had to take a new look at it. That was $3,000.00 for nothing. It helped locate the County buildings. Are you considering a new City Hall in that area? Yes. We haven't notified any of the architects as to what your step .is to be. Should we notify the four to re -appear? • Mayor Heath: Yes, set up another date. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that there being no further business the meeting be adjourned at 11:40 P. M. ATTEST: City Clerk APPROVED ?2t-rz, ii /3 J i�/ Mayor