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06-11-1962 - Regular Meeting - Minutes• 0 0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF; WEST COVINA, CALIFORNIA June 11, 1962 The regular meeting of the City Council of West Covina was called to order by Mayor Barnes in the West Covina City Hall at 7:50 p. m. The pledge of Allegiance was led by Councilman Heath. ROLL CALL Present: Mayor Barnes, Councilmen Jett, Heath, Snyder, . Towner (from 8:00 p.m.) Others Present: Mr, George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Harry C. Williams, City Attorney Mr. Harold Joseph, Planning Director Mr. Thomas Dosh, Public .Services Director PRESENTATION OF GAVEL Mayor Barnes: At this time I would .like tapresent the Mayor for the past two years with a gavel of which I think is well deserved. I don't feel that there is anyone who deserves this gavel more than former Mayor Robert Heath. I think he did a, wonderful job for the City, There -was a lot of progress made in the City; during his term in office, and I think everyone is proud of what he has accam$lis,hed. Councilman Heath: Thank you, Mayor Barnes. I certainly appreciate this, and will keep it in good form and good shape and look back on it with many happy memories APPROVAL OF MINUTES May 14, 1962 - Approved as submitted. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Minutes of May 14, 1962 be approved as submitted. May 17, 1962 - Approved as submitted. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that the Minutes of May 17,' 1962 be approved as submitted. May 28, 1962 - Approved as corrected. Mayor Barnes: Councilman Jett has a question on the Minutes of May 28, 1962. They haven't been presented, but we can correct them at the next meeting. U C� C. 6-11-62 APPROVAL OF" MINUTES Continued Page Two Councilman Jett-. The Minutes do not show that I requested that the matter of approval of the Planning Commission_ in reference to Precise Plan of Design No. 26, Revision 2 of Mr. Shulman in the Plaza area, be brought up for Council. Apparently it did not get into the Minutes and I would like the Minutes corrected to show this. Motion by Councilman Jett, seconded by Councilman Heath, and carried, that the Minutes of_lviay..28,. .1,962, when drafted in final form for approval, by the Council, include a motion by Councilman Jett to appeal Precise Plan of De- sign No. 26, Revision 2. CITY -CL%ERKIS REPORTS RESOLUTION No. 2384 The City Clerk presented-. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA MAKING A" CONTRIBUTION OF PUBLIC FUNDS TO AID AND ASSIST IN PAYING A PORTION OF THE COST FOR FURNISHING. ELECTRIC CURRENT AND MAINTENANCE OF. CER- TAIN STREET LIGHTING. FIXTURES IN THE . CITY OF WEST COVINA, CALI- FORNIA, AS SHOWN ON PROPOSED _._..__-DIAGRAM_._AND.: PLAN. No. 62 -63 . " Mayor Barnes-. Hearing no objections, we will waive further reading of the body of the r esolution Motion by Councilman Heath, seconded by Councilman. Snyder, that said resolution be adopted, Motion passed.. -on roll call as follows-. Ayes-. Councilmen Jett, Heath, Snyder, Mayor Barnes Noes-. None Absent-. Councilman Towner. __.__Said resolution was given No, 2384. RESOLUTION..No..._2.38.5. The City.._.Clerk presented'. -ADOPTED t0A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AP- PROVING THE REPORT OF THE. CITY ENGINEER OF SAID CITY AS FILED WITH THE CITY COUNCIL MADE PUR- SUANT TO THE REQUIREMENTS OF THE RESOLUTION No. 2336, DATED MARCH 12, 1962, STREET LIGHTING ACT 1919" -2- CJ C] Co Go 6-11-62 Page Three CITY CLERK'S REPORTS - Continued _.RESStTT:I�1V :i1?oo. _2.385 -.Continued Mayor Barnes- Hearing no objections, we will waive further reading , of the body of the resolution. _. Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows.- Ayes.- Councilmen Jett, Heath, Snyder, Mayor Barnes Noes- None Absent- Councilman Towner Said resolution was given No. 2385. RESOLUTION No. 2386 ADOPTED The City Clerk presented- 10A RESOLUTION OF THE CITY COUNCIL OF THE .CITY OF WEST COVINA DE- CLARING .ITS INTENTION TO ORDER CERTAIN LIGHTING FIXTURES AND APPLIANCES ON CERTAIN. STREETS AND PUBLIC PLACES IN THE CITY OF WEST COVINA TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES FOR A PERIOD OF MONTHS, ENDING June 30, 1963" Councilman Towner entered the chambers at 8-00 p.m. Mayor Barnes - Hearing no objections, we will waive further reading of the body of the resolution. Motion by Council-m-an--Snyder, seconded by. Councilman Heath., that said resolution be adopted, Motion passed on roll call as follows,. Ayes'. Counci:lmjen Jett, Heath, Snyder, Mayor Barnes Noes- None Absent- None Councilman Towner abstained, Said resolution was given No. 2386. RESOLUTION No.. 238.7 ----ADOP._T ED. The City Cleric presented- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF W-EST...COVINk.AP- POINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATIONS TO THE. PROPOSED IMPROVEMENT RE - Isis • CaCa 6-11-62 °S...- RE:P.0-RTS o Continued RES-MUTION__No.,. _.:23:8.7_ m Continued Mayor Barnes,. Page Four _..... _ REFERRED TO IN RESOLUTION OF INTENTION No, 2385 AND DIRECTING THE CLERK OF SAID CITY COUNCIL TO GIVE NOTICE OF SAID HEARING, STREET LIGHTING ACT OF 191910 Hearing no objections, we will waive further reading of the body of the -resolution, Motion by Councilman Snyder, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll, call, as follows Ayes,. Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes,. None Absent.- None Said resolution was given -No, 2387. RESOLUTION The City Clerk presented,. HELD OVER 1°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING EXECUTION OF A QUITCLAIM- DEED" (Shulman) Mr, Aiassa,. I think you had better withhold this until you get the precise plan decision made. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the resolution authorizing the execution of a quite' aim deed (Shulman) be held over SCHEDULED --MATTERS BIDS GASOLINE REQUIREMENTS FISCAL PERIOD July 1, 1962 THROUGH June 30, 1963 Bids opened June 7, 1962, at 10,. 00 a.m. and referred to Purchasing Depart- ment for recommendation. The City Clerk stated that Notice of Publication had been received from the Wiest Covina Tribune on May 24, 1962, and as a news item in the Green Sheet on May 29, 1962. The bids received were as follows,. -4- Co Co 6-ii 62 BIDS - Gasoline ,Re-quixements - Cantinued Standar.d.._O.il_..CQ.mpany Certified Check-.$1, 888. 00 _. Mobil. Oil- Company Certified Check $1, 950. 00 Richfield, Oil Comp any Certified Check -.$2, 100. 00 Ti.dewate'i..Oil Company Bid Bond- $2, 030. 00 Seaside Oil Company Certified Check $2, 1000 00 .Shell Oi.l Company 1010 Bid Bond Union Oil Company 1010 Bid Bond Page Five- .2120 .2149 .2170 .2282 .2340 .2480 .2630 Motion by Councilman Towner, seconded by Councilman Jett, that the bid for gasoline requirements for the fiscal period July 1, 1962 through June 30, 1963, be awarded to the lowest responsible bsddex Standard Oil Company, ,, 21,20, and that all bid bonds and certified checks be returned to the unsuccessful bidders. Motion passed on roll call as follows- Ayes- Councilmen Jett, Towner, Heath, Snyder, Mayor Bones Noes- None Absent- None ASPHALT PAVING MATERIALS REQUIREMENTS FISCAL PERIOD July 1, 1962 THROUGH June .30, 1963 Bid opened June 7, 1962 at 10-00 A.M. and referred to the Engineering De- partment for recommendation. The City Clerk stated that Notice of Publication has been received from the West. Covina Tribune on May 24, 1962, and as a news item in the Green. Sheet on May 29, 19620 The bids received are as follows'. Graham Brothers, Inc Industrial Asphalt 1010 Bid Bond 1010 Bid Bond $3.40 per Ton Fo0,B.. El Mo`ite $3� 50 per ton F,O.B. Irwi.ndai e The recommendation of Thomas Dosh that the bid be awarded to Industrial Asphalt was read by the City Clerk, Councilman Heath- Certainly the cost of the truck is more than $5.00 an hour and that is the way . I would read it here, If we are cost- ing these jobs out against a certain project, I think that these calculations should be reviewed and a legitimate charge be made per ton rather than the way it is written up here, Mr, Aiassa- Actually this is only a price that we would pay at receiving. I know what you ar e -5- l 1 1 C.C.. 6-11-62 • U SCHEDULED MATTERS m Continued ASPHALT PAVING BID._. 'Continued Page Six referring to is actually the work order. What you are awarding now is where we buy the material and pick it up at the plant. Councilman Heath-. Is there any chance that this operation would be used to supply materials for a job that we can charge money against? Mr, A ,as.sa. Not unless A is going to be patchy work for the utility company. This is where we put in a small section or do a little resurfacing or a little cleanup work and the job is too small for bid, Motion by Councilman Heath, seconded by Councilman Towner, that the contract for the asphalt. .p_.ving maikerial, requirements for the fiscal period of July 1, 1962 through June 30, 1963 be awarded to the Industrial Asphalt Company as in accordance with their bid and that the bi.d .bond of the un- successful bidder be returned. Motion passed on roll call as follows-. Ayes-. Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes .No.e s° No ne Absent-. None LEGAL ADVERTISING FISCAL PERIOD July 1, 1962 THROUGH June 30, 1963 Bids opened June 7, 1962, at 10-.00 a.m. and referred to the City Clerk, The City Clerk stated that Notice of Publication had been received from the West. Covina Tribune on May 24, 1962. The bid received is as follows-. WEST COVINA TRIBUNE-. Per column inch first insertion -• $1.95 Per column inch ® subsequent ins ertions $1 ' 79 Motion by Councilman Heath, seconded by Councilman, Jett, that the yearly contract :f6r the publication of legal, notices be awarded to the West Covina Tribune for the period of July 1, 1962 through June 30, 1963 at the cost indicated in their quote, Motion passed on roll call as follows-. Ayes-. Councilmen Jett, Noes-. None Absent-, None Towner, Heath, Snyder, Mayor Barnes c, C, C, 6-11-62 HEARINGS EASTERLY ANNEXATION No. 170 Hearing of Protests HELD OVER Page Seven Hearing of Protests set for October 23, 1961, by Resolution No. 2191, adopted by the City Council on September 11, 1961. Hearing continued from October 23, 1961, to November 13th, and from November 13th to January 22, 1962g and from January 22nd to March 12th, and from March 12th to April 23rd and from April 23rd to June 11, 1962, pending result of litigation, Mr. Blalock,. I would:�k'.e to preface any request with just a question or two, This was continued from time to time, It is still. pending. It probably won't be resolved -for .s.o-me !cons.i.derable period of time on Annexation No. 167. As was indicated at some previous meeting, insofar as our own proposed annexation petition covering the Covina Ranch, that the two matters were wholly unrelated. If that is correct, there is no reason why we shou.ldn't file our application. and start the proceedings because I'm sure there are many hearings that will have to be had and notices given before there can be any final decision with reference to the annexation, Is there any reason why we can't start our application. for annexation under the conditions that were outlined in your. • joint study group the other night? We would like to get this under way. It will take some time, On this particular hearing, I would like to request that this be continued for a period of 90 days. It doesn't change your position as a City nor does it jeopardize your position. Councilman Snyder,. The statement in the paper by the Highlands group to the effect that they will join the City providing they are guaranteed that there will be no cemetery, that doesn't have any basis of any negotiations we had with them, does it? Mayor Barnes,. No, I don't think that there is on either side, and I am sure that this is true-, neither side is guaranteed anything as far as I can see, Councilman Heath,. I would like to talk about this post- ponCneM hearing. This is true that this has been put off and has been • postponed a number of times, I feel that the City of West Covina is mov- ing into a very vulnerable position. I am sorry J—have to take this attitude, but I do because of the fact that the longer we hold this hearing open, the more chance there is for us to get a protest If there is a protest, the City has everything to lose and not a bit to gain by keeping this open. By the same token, if we keep this open and there is a protest, Mr. Blalock and -Forest Lawn have everything to gain and nothing to lose. 'I don't think we should go ahead and file with the State to complete this annexation, but I do feel that we should not move ourselves into such a vulnerable -7- CoCo 6-11-62 Page Eight ed ANNEXATION No. 170 - Continued position where we have everything to lose and nothing to gain because if other projects which we are working with fall through, we end up with absolutely nothing, We are working with Forest Lawn now.. to see what kind of an arrangement we can make concerning Covina Ranch. Things are progressing along quite readily. However, should some of those negotiations fall down and we do not close this hearing on 170 and in the meantime one of the properties in 170 change ownership, or one of the property owners have a change of heart, we lose everything, I feel we should close this hearing, but hold off, the continu- ation of the annexation until some time when we have determined which road we are going to take. Right now, I can see nothing more than the fact that we are in a very vulnerable position with nothing to gain and everything to lose, Mr. Blalock-. As has been indicated in several of ou� conversations heretofore, this is a s matter of give and take on both sides. We want 17.0_._.t.o ...be annexed for the simple reason that a good portion of the land wewant as a cemetery is included in that portion, We felt that these two could run coincidentally. As soon as we can determine which way we • are headed, we can dispose of this 100 acre lawsuit, put it back in, and complete the annexation on 170. I wouldn't: like to have the hearing closed, because we then have the two things to conclude simultaneously. Councilman Heath-. I would heartily agree if this was just a negotiation between ourselves and Forest Lawn concerning Annexation 170, but there are third and fourth and fifth parties in this annexation of which Mr. Blalock nor ourselves have control over. I am not moving here to stop our negotiations, I am not moving here to destroy anything we have done so far, but there are other factors of which we have no control over and, by ourholding this hearing open just leaves us with a chin out and our guard down from these other factors. Mr. Blalock-, I was hoping that we could avoid clos- ing the hearing. It might be producive in more litigation and this is certainly what we want to avoid, Councilman Snyder-. Couldn't we leave it open meeting to meeting? • Councilman Heath-. Every day you leave it open just gives that much more chance for us to lose the entire annexation, Mr. Williams-. With Forest Lawn withdrawn, it would take all the rest. 15:13 0 • Co Co 6-11-62 Page Nine HEARINGS —Continued ANNEkATION No. 170 - Continued Councilman Towner-. Has the Burrell property been sold? Mr. Blalock: I just heard that tonight. Councilman Towner.- Did anyone buy it for you? Mr. Blalock-.,; No, sir, We are not interested in that. Mr. Williams-. You cannot close this hearing and then hold the matter in abeyance any longer. The time limits go into effect when you close the hearing. If you keep it open this is the last stage of which you can keep it in abeyance, There is no other step; this is the last step and still be able to jump either way, Councilman Towner-. On these protests, did I understand it: cor- rectly that Mr. McKeel or Mr. Perry, either one of those are the only other parties to this annexation except the new party on. the Burrell property? Mr. Blalock. - There are several other properties in there. Councilman Heath.- If next: meeting there happens to be Mr. McKee]. come up and protest and on top of that Forest Lawn throws in a protest the same night, we are dead. Councilman Snyder.- Why would they do that? Councilman Heath-. I don't know, Mr, Blalock.- That would be the surest way of defeating our entire annexation if we dial that. Mr. Williams-. You can file a protest: any time before the hearing is closed, but after it is closed, but within ten days you have to make a decision. Councilman Snyder., Highlands as yet request. Forest Lawn, in good faith, withdrew their protest while we dealt. with the Highlands. We have not had a legal anaw.erfrom the I think in good faith we have to bow to Mr. Blalock's Councilman Heath-. I feel this good faith is fine; however, not to the extent; of maneuvering ourselves into a position where we can be hit :and by factors over which we have no control. 0 C.C. 6-11-62 .._HEARINGS - ' Continued ANNEXATION No. 170 _ Continued Page Ten Councilman Snyder-. Would you have any objections to holding this meeting to meeting? Mr. Blalock. I have no objections to it. Councilman Heath-. You are doing nothing more than leaving this open on a weep to weep basis, It doesn't eliminate this vulnerability that we have, Councilman Jett. It would seem to me that we are giving more consideration to the people in the Highlands than we are to the'people that already live in the City of West Covina, I think this is something that we should think about and not just think of the Highlands Councilman Heath. This annexation doesn't have anything to do with the Highlands. Councilman Jett-. But A is interrelated in that in the event we close this hearing, Forest Lawn then would be in a position to protest and this in itself would bill the annexation. Councilman Heath. They can protest and A is not a majority, Mayor Barnes-. 1[n the first -part of August, the new assess- ment roll will probably come out and there may be a change of assessments which might: change our position as a City. Councilman Snyder-. How dial you pick 90 days for the continua- tion? Mr. Blalock. I think, that we can get our application filed and our hearings before the Planning Com- mission. We would like the two to go along concurrently. !`7fTe have no objection to 170 providing, of course, we get the other annexation because part of this 170 includes the other pro- perty in the other annexation„ You can control 170; we can control 167. We are willing to give up that, but we want everything to come in at the same time, We can get together on this, we can clean A all up, If this • continuance is granted for 90 days, I give you my word we will not re- instate the protest in that period of time, Mr. Williams. In checking the 161 _am..endments'; . I find that part of what I said is not right. The ten days you have to act within to deter- mine whether or not this has been a majority protest after you appeal. _10- U C.C. 6-11-62 HEARINGS Continued .ANNEXAT-10-N .No.a._-_170 - Continue:d Page Eleven, The ordinance may be postponed not to exceed 60 days from the date you determine this, and not to exceed 60.,days from the date of termination of hearing on protest and if you do not act and adopt the ordinance within 60 days it is presumed that you have adopted an ordinance disapproving the annexation on the 60th day. You are under a compulsion by the 60th day; if you adopt the annexation, it is automatically approved, Councilman Snyder-, If we went ahead and held our ordinance for 60 days and for some reason or another didn't pass it, how long would it be before we could con Isider that area again for annexation. Mr. Williams-, A year after the protest date, Councilman Snyder-, If we leave the hearing open, we are free to act right: away, is that not. correct? Mr. Williams-, Yes, I think that the 90 day period is so that there may be an application for zoning and precise plans and other zoning things to determine whether or not they are going to be granted, which is certainly something that is not unusual to this City, and if they are not granted in an acceptable form the right to protest is reiserved, Councilman. Snyder. - This seems perfectly reasonable to me. Mr. Blalock-, I have offered to guarantee that we will not file a protest if this is continued. In withdrawing our, protest: we have waived any legal right to attach this proceeding. We put ourselves very much at a disadvantage unless the continuance is granted. Motion by Councilman Heath that the hearing on Easterly Annexation No. 170 be closed died for lacy of a second. Councilman Towner-, It: seems to me that hearing both sides of it that there there is considerable merit: in what. Mr„ Heath has to say and also in what Dr. Snyder has to say. Perhaps we can find some middle ground where we are reasonably protect ed Councilman Snyder.- I would like -it noted in the Minutes that Mr. Blalock said that he would not file a protest in this period of time, Motion by Councilman Snyder, seconded by Councilman Towner, that the hearing of protest on Easterly Annexation No. 170 be continued to July 23, 1962 at eight o'clock p.m. Motion passed on roll call as follows.- -11- 11 0 C.C. 6-11-62 HEARING - Continued ANNEXATI0N No. 170 - Continued Ayes.' Councilmen Jett, Towner, Snyder Noes.' Councilman Heath, Mayor Barnes Absent.' None. Mr. Blalock-. Mayor Barnes.' There is no immediately cation. PageTwelve ;reason why we shouldn't :.. .:.:. start ahead with our appli- I don't think we can stop you from doing it. Mr. Williams-. The property owner has a right to file a request for present annexation zoning including variance and precise plan. If they would initiate to the extent to filing with the County Boundary Com- mission, that is the only preliminary step needed. Then they may file for unclassified use permit, variance, precise plan and zoning which would in- clude partly 170, partly 167 and partly the territory not yet under annexa- tion proceedings. Councilman Snyder.' Some time ago we set a time p:erio..d within which the Highlands was to act, and I am still a little bit in the dark on that. Are we at the end of that time period and have they acted? Mayor Barnes.' Their part is complete as far as they are concerned at this point. The Council in our last meeting referred this to the Planning Commission for report to the City Council. Mr. Joseph-. They referred it to the staff for report. We have sent our notices out to the other departments. I think we would have the report from the Planning Commission the first meeting in July. Councilman Snyder-, The statement in the paper to the effect that the Highlands group stated they will join the City if we guarantee there will be no cemetery. I don't know if any statement3 were made on the part of the City to guarantee them no cemetery because we cannot. I think: it needs to be clarified as a matter of public record, Councilman Heath.' I would look forward to having an answer from the Planning Commission at their next meeting. Too many people are being held up and too much action is being held up to take that long for a report. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the City 'Council would like to have an answer from the Planning Com- mission concerning the: Highlands annexation following the next regular meeting, of the Planning Commission, which is June 20, 1962. -12- C. C. 6-11-62 HEAXINGS Continued VARIANCE, No.. .368 and • PRECISE .PLAN OF DESIGN --No . 299 Page Thirteen LOCATION-, Service Avenue between Sunset and Richland Avenues Roger` Ro'elle Request to permit reduction of required HELD OVER number of parking spaces in Zone C-2, and for adoption of precise plan of design, denied by Planning Commission Resolutions No. 1160 and 1161, respectively. Appealed by applicant on February 19, 1962. Hearing held on March 12, 1962, and closed, and referred to Planning Commission for report. Report of Planning Commission dated May 2, 1962, read at Council meeting of May 28th, after applicant requested the matter to be held over from May 14th. Applicant not present. Held over to June 1 1 , 1962. Mr. Flotten-. I have a letter dated June 7, 1962, directed to the City Clerk re Variance No, 368 and Precise Plan of Design No. 299 re- questing that it be put aside until future notice by the applicant and signed by the applicant, Councilman Heath-, How long can we hold something like that? M r e Williams-, If you. hold it without setting a date, you will have to republish when you do set it. If you continue it to a certain date and _.00nti.nu.e-.'it- from time to time that gives notices to any person interested when to be here. Unless you do desire to republish notice of this hear- ing, I would suggest that you continue this from time to time. It wouldn't be approved by failure to act and this is particularly true where the appli- cant r equ-est.s the cont�nuanc e o Mayor Barnes-. I think we could probably set this two months from tonight. I am not sure they want to continue with this; however, to be fair to the applicant, I don't think it would do any harm to postpone it for two months and at that time dispose of it, Councilman Heath-. Can we hear it before that? Mr. Williams-, No Motion by Councilman Snyder, seconded by Councilman. Jett, and carried, that Variance No. 368 and Precise Plan of Design No. 299 be held over at the applicant's request to the second regular meeting in July 'July 23, 1962)o • ORDINANCE No, 1,43 The City Attorney presented-, ADOPTED 'BAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST ' COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE UNIFORM BUILDING CODE 1961 EDITION, VOLUME I" -13- • Co C. 6-11-62 Page Fourteen HEARINGS - Continued ORDINANCE No. 743 - Continued Mr. Williams-. This ordinance was introduced May 14. The title of the code to be adopted by re- ference is Uniform. Building Code, 1961 Edition, Volume Io Mayor Barnes-. Does anyone in the au.dienc.e wish to be heard on our Uniform Building Code, 1961 Edition? —There being no testimony, the hearing_ is declared closed, .0 Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Heath, seconded by Councilman Towner, that said ordinance be adopted. Motion passed on roll call as follows-. Ayes-. Councilmten Jett, Towner, Heath, Snyder, Mayor Barnes Noes-. None Absent:-. None Said ordinance was given No. 743. • ORDINANCE No. 744 ADOPTED The City Attorney presented-. 'BAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 1959 NATIONAL ELECTRICAL CODE10 Mr, Williams-. The code to be adopted by reference is the 1959 National Electrical Code and Electrical Safety Code, 1959 Edition. Mayor Barnes-. Does anyone in the audience wish to be heard on our National Electrical Code? There being no testimony the hearing is declared closed. Motion by Councilman Towner, seconded by Councilman Heath, and carried, that further reading of the body of the ordinance is waived. Motion by Councilman Towner, seconded by Councilman Heath, that said • ordinance be adopted, Motion passed on roll call as follows-. Ayes-. Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes-. None Absent-. None Said ordinance was given No. 744. -14- • C. C. 6---11-62 HEARINGS Continued Page Fifteen ORDINA.NDE No..745 The City attorney presented: DOPTED KHAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE MUNICIPAL CODE OF WEST COVINA TO ADOPT BY REFERENCE THE UNIFORM PLUMBING CODE, 1961 EDITI0N1O Mr. Williams: This ordinance was introduced May 14. The title of the code to be adopted by reference is Uniform Plumbing Code, 1961 Edition. Mayor Barnes., Does anyone in the audience wish to be heard on our Uniform Plumbing Code, 1961 Edition. There being. no f."timony, the hearing is declared closed, Motion by Councilman Heath, seconded by Councilman Towner, and carried, to waive further reading of the body of the ordtnanceo Motion by Councilman Heath, seconded by Councilman Towner, that said ordinance be adopted. Motion passed on roll call as follows-, Ayes: Councilmen Jett, Noes: None Absent: None Towner, Heath, Snyder, Mayor Barnes Said ordinance was given No. 745, PLANNING COMMISSION METES & BOUND -SUBDIVISION/LOCATION: _.Southside of Francisauito No, 435-194 Avenue between Craig Drive Delbert Green and Indian Summer .Avenue APPROVED 1/2 Acre - 2 lots - Area Dist. II The City Clerk read the conditions under which Metes & Bounds Subdivi- sion No. 135-194 was approved by the Planning Commission. Councilman Towner: M r . Jo s eph-, Mayor Barnes-, Mr. Joseph., Does this leave that larger lot to the west yet to be developed? Yes Does this lot have a building on it? An old shack, and that will be removed. Motion by Councilman Towner, seconded by Councilman Heath, and carried, to approve Metes and Bounds Subdivision No. 135-194 subject to the condi- tions recommended by the Planning Commission. -15- • 0 0 CaCQ 6-11-62 PLANNIN:G. COMMISSION - Continued Page Sixteen METES._.&_..BOUNDS SUBDIVISION LOCATION-. East end of Verness Street No. 135-196 and west of Azusa Avenue Richard No Scott .APPROVED 2/3 Acre - 3 lots - Area District II Approved by Planning Commission on June 6, 1962. The City Clerk read the conditions under which Metes and Bounds Subdivision No. 135-196 was approved, Motion by Councilman Heath, seconded by Councilman Towner, and carried, to approve Metes and Bou.nds...Subdivisbn No. 135-196 subject to the condi- tions recommended by the Planning Commission. REVIEW PLANNING COMMISSION ACTION OF June 6, 1962. ZONE -'CHANGE No. 223 Councilman Snyder-. That isn't zone C-1. Shouldn't it be zone I-P? Mr. Flotten-. Yes. That is a mistake, The rest of the review of Planning Commission Action of June 6, 1962 was read by Mr. Flotten, No items were called up for hearing by Council, CIT_Y:;;-C]..-ER1 '� AEPORTS PRECIS.E..PLAN NO... 274 ACCEPT. STREET AND STORM DRAIN IMPROVEMENTS Standard .Oil Company LOCATION-. Northeast corner .of. Vincent Avenue and Walnut Creek Parkway APPROVED Accept street and storm drain improve- ments constructed for Precise Plan No. 274, Authorize release of Pacific Indemnity Company Bond No. 318344 in the amount of $10, 700, 00. Motion by Councilman Heath, seconded by Councilman Jett, and carried, . to acfept the street and storm drain improvements on Precise Plan No. 274 and release the Pacific Ind_emnit_y Company Bond No. 318344 in the amount of $10, 700, 00. METES & BOUNDS SUBDIVISION. LOCATION-.. Northeast corner of No. 135-188.—Puente-and, Leaf ACCEPT -STREET IMPROVEMENTS Avenues William D'Amato APPROVED Accept street improvements and authorize release of cash deposit in the amount of $400o 00 Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to accept the street improvements in Metes and Bounds Subdivision No, 135-188, and release the cash deposit in the amount of $400.00, —16— 0 C.C. 6-11-62 CITY CLERK'S REPORTS - Continued Page Seventeen PRECJSE PLAN No,. 109 LOCATION.- Leland Avenue, south of ACCEPT ;SANITARY SEWER Merced Avenue, FACILITIES Callafid.Cor.p. Accept sanitary sewer facilities, Inspector's APPROVED final report filed May 25, 1962. Bond will be released when street improvements are accepted. Motion by Councilman Towner, seconded by Councilman Heath, and carried, to accept sanitary sewer facilities of Precise Plan No. 109. PRECISE.. PLAN, No. 1.26 LOCATION., Juniper Street and Garvey Ave. ACCEPT SANITARY SEWER FACILITIES Accept sanitary sewer facilities and author - La Ronda Apartments iz e release of Royal Exchange Assurance APPROVED Bond No. 301592 in the amount of $2, 700. 00. Inspector's final report filed May 31, 1962. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, to accept sanitary sewer facilities, Precise Plan No. 126, and to release the Royal Exchange Assurance Bond No. 301592 in amount of $2, 700. 00. PISTRICT . A1-1.1.-.5,9-3. •. ACCEPT .SANITAR.Y :SEWER FACILITIES LOCATION, Azusa and Puente Avenues Accept sanitary sewer facilities and authorize release of the Aetna Casualty and Insurance Company Bond No. 33 S 52340 in the amount of $63, 316. 83. .The bond will be released no sooner than 35 days from acceptance. Councilman Heath, Why do we wait 35 days before we release the bond? Mr. Aiassa, So that any subcontractor who might have a lien against this contract has time to file a charge against the project. This is standard procedure. Motion by Councilman Towner, seconded by Councilman Heath, and carried, to accept sanitary sewer facilities, District A'11-59-3 and release the Aetna Casualty and Insurance Company Bond No. 33 S 52340 in the amount of $63, 316. 83 no sooner than 35 days after acceptance. DISTRACT . A'.11-b04., LOCATION. Magnolia Avenue and Lark - ACCEPT SANITARY SEWER wood Street _. FACILITIES 4;PPROVED Accept sanitary sewer facilities and authorize release of the United Pacific Insurance Company Bond No. B 108228 in the amount of $60, 4330 48, The bond will be released no sooner than 35 days from acceptance. Inspector's final report dated May 19, 1962. Notice of completion mailed to the County Recorder. -17- 0 C. Co 6-11-62 Page Eighteen _C.I.TY.. CL;ERK!S:.REPOR.TS - Continued DISTRTC_T A° 11-60-1 --Continued Motion by Councilman Heath, seconded by Councilman Towner, and carried, to accept sanitary sewer facilities, District AB11m60-1 and release.the United Pacific Insurance Company Bond No..>__B..__108228 in the amount. of $60, 433.48 no sooner than 35 days from acceptance. MERGED AVENUE EXTENSION LOCATION; Merced Avenue Extension, APPROVE LAYOUT PLAN east of Glendora Avenue HELD OVER Review Engineer's Plan and Report. Mr. Aiassao We have copies of this layout and I would life to continue this to our next meeting so the Council can tape a look at this and review it. Motion by Councilman Heath, seconded by Councilman Towner, and carried, that the Council has received copies of this layout and will, continue this matter to the next regular meeting so the Council can review it. Mr. Aiassao Normally this is referred to the Planning • Commission for acknowledgment and report and acceptance, I believe there is also a legal_, phase here that they follow the code, They might have to have a hearing on the abandonment of the old Merced alignment. We will table this sub.s.e.quent to the `=action by the Planning Commission, but I thought you should see it first before we refer it so you would know what was coming up, Mayor Barnes-. I didn't realize that it took the entire Skelton house on this alignment. Mr. Aiassa-. It was awful close, This is why he protested. Motion by Councilman Heath, seconded by Councilman Towner, and carried, to accept the drawings of the Merced Avenue Extension and refer these to the Planning Commission for report and recommendation. RESOLUTION No. 2388 -ADOPT ED Mayor Barnes-. The City Clerk. presented.-. 1°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AC- CEPTING GRANT DEED OF EASEMENT" (Vincent Manno) Hearing no objections, further reading of the resolution. we will waive body of the • L� • Co Co 6-11-62 Page Nineteen _CITY-C :-ER•K°S REPORTS Continued _._.RES0`L�7TION.. 'No 0 23.8.8 - Cont inued Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows-, Ayes-. Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes-. None Absent-. None Said resolution was given No. 2388. RESOLUTION- QLUTION- NO. 2389, ..: The City Clerk presented-. -ADOPTED 1°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AC- CEPTING A GRANT OF EASEMENT" (West Covina Methodist Church) Mayor Barnes., Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman ,Snyder, that said resolution be adopted. Motion passed on roll call as follows-, Ayes-, Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes-. None Absent-. None Said resolution was given No. 2389. Councilman Jett-, Is the alley in back of the stores east of Garvey dedicated? Mr. Dosh-, The alley is all dedicated, RECREATION AND- PARKS Mr. Aiassao You. have two people coming up for re- appointment, Mrs. Keith and Mr. Veronda, Mayor Barnes-. I will ask for a Personnel meeting for this purpose. If the Council would like to have this m eeting on the 14th, I think we could accomplish the personnel, the Planning Commission and the Recreation and Parks all at one time, Councilman Heath., Do you want us to bring candidates? Mayor Barnes-. If you wish, Councilman Towner-. What time would you want that? I think Dr. Snyder and I have another meeting that night at 6,.30. -19- • Co Ca 6-11-62 Page Twenty PARK" and R'EC-XEATION - Continued COMMISSION ERIS APPOINTMENTS - Continued Mayor. Barnes- Would eight o'clock be satisfactory? Councilman Towner - Councilman Jett - GENERAL MATTERS WRITTEN COMMUNICATIONS ORAL 'COMM UNICATTONS- RALPH°S AND ZODY°S I think we can work it in by then. I can make it. None Mrs,. Jeannie M. Kendall I think a problem has arisen that you are 64,2;.North Eileen, not aware of. It seems that we are sort of West Covina in a predicament. That is, our.. homes are going into a ditch and we. would like to know what can be done about it. A few weeks ago we were called to a meeting and they gave us an ultimatum that we take an 11-foot wall or a 6-foot wall by the Planning_ Commission. There was no mention that fill dirt was going to, be brought into this _property, When we were given the ultimatum, I felt there was something -wrong with it'.,'�and was _told I had no right _to protest, that I just had a choice, I find that there is a right to protest; that we have a voice in this matter; that we are not to be put into a ditch, Checking out in my backyard, all I can see is the bottom of the grocery store and I have a 5-foot 6-inch wall. I will see the trucks come in and any buffer area that you give me will be com.pletely;7*bsoleteo Mr. Wayne Esenlline We were told there was to be a maximum 6.22 North Eileen height of the building within 100 feet of our West Covina property of about 18 feet Where does that 18 feet come from -- from the natural grade. or from the top of this pile of dirt they have piled up back there? It makes quite a bit of difference, Mr. Aiassa- We do have a problem legally in what jurisdiction and =right we have in requiring certain changes to this and this is. one reason we would like to see it come before the Council. Mr.. Gene, Kritchevsk With respect to the natural grade, I think 616 North Eileen you might all refer back to a situation West Covina which occurred at the Safeway store at Puente and Sunset where I believe there was quite a question concerning a wall and from where the height is to be measured. I think there was, a definite ruling made in this case concerning -20- Co Co 6-11-62 _....._ _ORAL __'COMM'UNICATJONS - Continued Page Twenty-one the importance of the natural grade as the point from which the actual height is measured. On the walls, it was admitted that whether they built it up very high'or not they would still have pretty much the same drainage problem and it was also admitted on several occasions that the particular arrangement was really mainly for the convenience of the store so they would get the customers coming in at a certain desirable height from the street, Mayor Barnes: At this time we will ask Mr.. Flotten to read the report from the Building Depart- m ent . Mrs Flotten: This is a memo directed to City Manager George Aiassa and Tom Dosh, dated June 11, 1962, re Ralph's and Zody"s Project, and signed by William Fowler, Acting Chief Building Inspector. It reads as follows: "The City of West Covina requires as part of its procedure for obtaining a building permit, that a grading and drainage plan ._b,e. -sub-mitted. This plan shows how the proposed development Mans to provide for the drainage of water from roofs and park- ing lots out to the street. This plan is then submitted to the City Engineering, office for checking of grades, where water is • to be disposed of, etc. , it is then approved by the City Engineer and the Chief Building Inspector. "This requirement is an administrative action of the Staff to avoid the re-occurrance of the problems, as an example, encountered at the Alpha Beta parking area. "The property of Ralph's and Zody's has as its natural drainage a flow to the southwest, and has not been a problem to my know- ledge, but when this area is built and the entire lot paved this would of course result in a large volume of sheet water flowing in and over the Pioneer School Property. "It therefore becomes necessary to change the direction of the flow of water which is accomplished by raising the building elevation "The water now will be conducted to Puente Avenue and to Azusa Avenue with small amount to Pioneer School. "Attached is a copy of the grading and drainage plan for the . property, which I believe will explain the situations" Mr. Dosh: They actually filled dirt in as much as seven feet at one corner and three feet at the other corner. The plan that I have in front of me indicates that this is to be built along the seven pro- perties but not the corner, -21- C.Ca 6-11-62 Page Twenty-two GENERA-"1yIATTERS .._ -Continued ORAL- C:OMMUNICA:TIONS, re.- Ralph°s -& Z_ody°s Drainage --:-,Continued Mayor Barnes. When you fill in dirt to a depth of approxi- mately seven feet on the southwest corner, and work it out gradually, what is the natural flow of water in that area? Mr, Dosh. To the southwest. Mayor Barnes. Are we changing the flow of the water? Mr, Dosh. They have to run water from their lot to a public street or the nearest public street Councilman Towner. It seems to me we had a precise plan approved on this and there have been changes on its Were there any hearings held on this change? Mro Joseph. The Planning Commission worked with the people back there on the fences. When the • matter of grading was brought out, the people of Eileen Street were invited to participate, The architect met with these people and tried to work out a solution, The Planning Commission was will- ing -to let the architect and property owners work it out and report back to the Planning Commissions We had assumed that this was done. Councilman Snyder. Has the Planning. Commission -!.by ,resolution passed this change? Mr. Joseph. It was more of a modification. Councilman Towner. It appears to me that certainly in this parti- cular case there was considerable reliance placed on a precise plan and I am sur- prised now to find out that these changes were made in it without some kind of a hearing. I would like to have the procedure reviewed and determine =vvh.ether or not there has been appropriate action taken to make;, .here changes. It may be that that something has to be worked out because of the drainage, but I think the people are entitled to have a full and complete hearing to find out what kind of modifications were made in the precise plan so they are adequately protected under the circumstances. • Councilman Heath. I think when this plan came into the staff showing this type of grading, they must have immediately known the problem that would have come up, and I think it should have been brought to the Council at that time, if not a public hearing at that time. I think we have a definite problem, -22- Co C. 6-11-62 GENERAL.- MATTERS- Continued Page Twenty-three .-.----,_ ---__ORAL-.'C_OMM-U.NICAT.IONS..,- .. r.e,..:...R:al. has.__&_..Zo-dy°.s...Drainag.e_.--_. Continued Councilman Snyder-. I would like to see what the conditions on the precise plan said about this walla whether it said it had to be along the rear, property line. In some way this may turn out to be more attractive than..the other; they wily;be looking at landscaping and wall instead of just wall, Councilman Towner. I think we have to determine whether or not we have taken the appropriate procedure under the circumstances and -1 would like to have the staff review it and report to the Council at the next meeting with recommendations as to what the procedural steps might be taken in the event this is necessary, Councilman Jett-. I pretty much go along with Councilman Towner, I think we certainly should have this reviewed and brought to the Council from the staff, I would like to know how much consideration was given to this grading problem. Mr. Aiassao If the Council wants. and makes a require- ment that before a final precise plan is made final that a finished contour grading plan be filed, this would "jeliminate this type of problems. Councilman Heath-. I think that a visual inspection can tell if you are going to have some kind of problem. You are talking about a tremendous expense for a man to go through and I think any kind of an engineer that -went into that lot could tell before this thing even came before the Council, Councilman Towner-. I think Mr. Williams could advise us as to the procedures that are necessary under the circumstances to set the wheels going . Mr, Williams-. We don't have any formalized procedure for that, I believe. If there is a violation of the prec.is_e_plan approved, revoke the precise plan for deviation. I understand what you want to do is g.et a report whether or not there is such deviation and whether or not it has been approved, by proper procedure. This part, I think, simply is an instruction to the staff. The thing that 1 don,°t know, and you haven't asked exactly, can you stop any further progess on this while this report is beingmade, or do you wish to? • Councilman Townero We ought to at least put them on notice of this. We may be in a very difficult posi- tion because of staff action on . this thing, We want to determine what is the best solution. Mr. Williams-, If you just ask the staff to report, it doesn't stop .progress for the two weeks -23- • • • CoC. 6-11_.-62 GENERAL -MATTERS = Continued Page Twenty-four ORAL -COMMU-NICATIONS, re:- Ralphas. $z Zody°s Drainage - Continued or so you are asking. for it. The only action that occurs to me would be to make a motion to revoke the precise plan for violation and set that motion for hearing at your next meeting and give notice to the owners of the property for this so they can be here. All you do is give notice that you are going to hear protest for revocation. Do you want these two weeks to elapse before you address anything to the builder himself and his staff? Mayor Barnes: In other words you are letting him continue to spend money, Councilman Towner-. If we put him on notice, he may have to change it. Mr. Joseph: The representative of the architect was Mr. McC.lellen and in fairness to him, he did come to the Planning Commission meeting and the Commission saw that it was a decision, and they tried to work it out with the applicant. The property owners were aware of this-, in fact, they had a meeting with Mr. Lathrop and the Planning Commission since this appeared to be an engineering consideration. I donut believe that the developer was attempting to carry on any subterfuge. When they found out what the grading situation was, he did come to the Planning Commission. Councilman Towner: It may be what action has been taken is the only action that is possible to be taken under the circumstances, but this is a surprise to us and it appears to be a material change over what we thought we were doing and we would like to look it over. Councilman Snyder-. The staff was operating within their rights because it does not spell out in this resolu- tion where that wall is to be located and they have the planting where it is to be located, Mr. Williams: If you made the motion to have the staff review the entire procedure and that you are going to hear it at your next meeting and include, that Zody°s and Ralph's be informed that you are going to re- view it for possible nonconformance with the precise plan, and advise them that anything they do between now and then they do at their risk with know- ledge of this. Councilman Heaths Rather than hold this off for two weeks, if we can have an adjourned meeting sooner than two weeks, I think it would be to their advantage and our advantage to get the problem straightened out before the next regular meeting. Mr. Williams, there evidently was some action by the Planning Commission and by the staff. If there was an indication given -24- E, • CnC, 6-11-62 GENERAL MATTERS = Continued Page Twenty-five ORAL COMMUNICATIONS, re.:... Ralph°.s .:&.._Z.o_dy.°s:-. Drainage - Continu.e:d- in that meeting by either the staff or the Commission that this might be the solution, even though it was not written, are we bound? Mr. Williams-. No, You are not bound by an erroneous interpretation by the staff or administrative personnel. Councilman Heath: As I understand it, the builder and the Planning Commission and the home owners worked together and let's say they decided to move a wall in ten feet. The builder went ahead and put the wall up. Now, the Council comes along and says they are wrong, take the wall down and move it. Is._.the City responsible even .though their instruction was given orally? Mr. Williams: If oral permission to change a precise plan in a material respect was given, there is no authority for doing that and the City would not be wrong in requiring adherence to the precise plan as approved originally. Councilman Heath: If this man is delayed due to some interpre- tation that he has gotten from the City, is the City responsible-, can this man sue the . City? Mr. Williams: I don't think it is possible to answer that without getting what the facts are, Councilman Towner: We are looking for a date to hold this meet- ing. It may be that the night of the loth is the best -night if, we *nly have one or two pe people to interview. Mr. Aiassa: We have had problems similar to this before. If the Council feels that some type of pro - tection be given them, that some type of an off site drainage report be made, we do not get this until after many months of work. If we can demand this as a condition of the precise plan that an adequate drainage facility be provided by a contourmap or finished grade map, this thing would not have happened. • Councilman Heath: I think that requiring a' detailed drainage map is a waste of money and I think that if a staff is as experienced as I think they are, they can visualize any problem they are going to have in drainage by just looking at it. -25- • • CoCo 6-11-62 Page Twenty-six GENERA-:' MATTERS - Continued ORAL- COM1y UNICATIONS, -re, Ralph's & Zody's Drainage, Continued Councilman Jett: When you approve a precise plan today you require a letter or proof of drainage before you ever approve that precise plan, isn't that true? Mr. Joseph: Before they get a building permit they must meet the City Engineers requirements as far as drainage. Councilman Jett: They must prove that they are able to drain and have a place to drain their water before they get a building_ permit. At this time they should be able to determine this and it would not be necessary to have an additional plan, in mind, Mayor Barnes: If you require such a letter, I think that Mr. Jett is. ..correct in his thinking that if it can be anticipated, we should know be- forehand, The Council could have had something to do with this a long time before now. Motion by Councilman Towner, seconded by Councilman Heath, and carried, that the staff be instructed to review the entire procedure used in the change of the precise plan for Ralph's and Zody's and this will be heard by the Council on Thursday, June 14, 1962, at 8.-00 po m. , and that Ralph's and Zody's be informed that this matter is going to be reviewed for possible nonconformance with the precise plan, and that they further be advised that anything. they do between now and then they do at their own risk with know- ledge of this. POSSIBLE LOCATION OF A STREET Mr. John Hiatt This is on a property off from Barranca 322 Campana Flores Drive Street. It has been up before the Planning Covina Commission and the City Council twice and been denied, and we have a client who wants to put garden -type apartments in here, I want to ask the Planning Commission to make a study of this piece of property for the location of a street. This parcel has had a study on it. Mr. Joseph: We discussed this and I indicated to Mr. Hiatt it is up to the Commission and Council to determine how they want to allocate land use and zoning before we can make any studies on streets. We have studies and and I have shown them to Mr. Hiatt. Mayor Barnes.- I think you will have to come in with a plan based on the studies that have been made previously. -26- Is C..C. 6-11-62 Page Twenty-seven GENERAL':.MATTERS - Continued ORAL.:. C_OMMU.NICAT.IONS, re: Stredt_.Location S=uL, Continued • Councilman Towner: It ._-seems to me that this is the kind of question that normally gets answered in the process of public hearings when you take your application through the procedure. I don't think this is a situation where we can direct the Planning_Gommissiotr to make a. study of streets. Councilman Jett: I think a block study should be made of that entire area if it isn't now available. Mayor Barnes: That has been studied and it is available. I will see to it that you get a copy of that. ANNEXATION No. 167 Mayor Barnes: I received a letter out in the hall and would like this spread in the Minutes. It is di- rected to the Mayor and the City Council, dated June 11, 1962, re, Annexation No. 167, from Charles R. Letson, 20110 East Lorencita Drive, Covina. • "As you know Annexation No. 167 which annexes my property and other properties to the City of West Covina has been tied up in the courts for more than a year. The trial court ruled that the annexation was invalid and as I understand it, the matter is now pending in the District Court of Appeal. "I feel, since the future of Annexation No. 167 is uncertain, that action should be taken now to annex our properties in a new proceeding. I have consulted with the attorney who re- repr,esented me in th.e_...legal .p.r.oceodings;_ Mr, Glenn R. Watson, and he advises me that it is legally proper for a new annexation to be filed overlapping the old one. If the old one stands up, the new one fails, and if the old one does not stand up, the new one is good. "With this in mind, we have had a new annexation prepared and the map and legal description are attached. I respectfully request that you take action to refer this annexation proposal to the Boundary Commission in order that the annexation may proceed. There are only 11 registered voters in the territory and the majority of the assessed valuation is in favor of annexa- tion. " Mr. Charles R. Letson I would like to present these plans to the .20.1.10 East Lorencita Drive Planning. Commission and see that this is Covina taken. -into your consideration. -27- C,..0 6 -1 1-;6 2 Page Twenty-eight GENERAL MATTERS- Continued ORAL COMMUNICATIONS , re.- Annexation No. 167 - Continued Mr,.. Glenn R. Watson About a year and a half ago, we tried a _615. South Flower case involving. Annexation 167. Your Council Dos Angeles introduced an annexation ordinance for the annexation of the property. Subsequently before the ordinance was adopted, it was restrained in court proceedings, The trial court held the annexation invalid and the matter is pending in the District Court of Appeal. The reason for our appearing tonight is simply to call your attention to a legal situation which we feel you should consider and then determine as a matter of policy whether you wish to take any fur- ther proceedings. In our judgment, the Council can very effectively do so if it wishes to consider this as an uninhabited annexation. We have worked with Mr. Letson and reboun&.,the boundary on the left so so'. as to include two more parcels, one belongs to a Dr. Foley and one be- longs to a Mr. Brown. These two parcels added to the four already within the Annexation 167 bring the assessed valuation to about $77, 000 or some $4, 000 or $5, 000 in excess of the $73, 000 in the Covina Ranch parcel, If you wish to consider this, in my judgment you would have to refertthe matter promptly .now..to .the,.Boundary Commission, I do not suggest that you institute annexation proceedings without study. I ask you act tonight • to receive this request and refer the proposal to the Boundary Commission. Mr. Williams.- I think probably you can .lay this one over 167 without jeopardizing 167. Councilman Heath-, Does this leave a corridor in any manner? Mr. Glenn R. Watson.- This boundary was drawn by Harold Johnson. I have seen his map which has the corridor in between this proposal and your Annexa- tion._170 to -:the, south and there is a wide corridor all the way through, Councilman Towner.- If it doesn't jeopardize our present proceed- ings and appears to be something. that we can do tonight, and study the policy later, I would not have too much objection to it. However, I would certainly feel we have gotten into one of the most complex annexation procedures I have ever noticed. Mr.. Williams-, The Boundary Commission has in effect, now, that ..it. didn't have, i;t. precludes any other annexation for 45 days if it is submitted to the City. The proponents can submit this description without that effect so they could submit this to the Boundary Commission themselves. The City doesn't have to and you don't incur this difficulty. If you do submit it and incur the 45-day holding period, it might stymie you in one of two res- pects. This might preclude a timely institution of the overalL annexation of the Bailey Ranch. It might also preclude, in my opinion, an annexation of IME • • r� L C. C. 6-1.1-62 Page Twenty-nine GENERAL MATTERS - Continued ORAL COM1v1UNICATIONS, 're. Annexation No...-167 - Continued the Highlands, because I think if an annexation of the Highlands and this annexation as discussed here run concurrently, the effect in -this one will be that you are taking in a part of the separate inhabited territory for the deliberate .intent to Atake uninhabited territory but try to get the inhabited territory. Councilman Jett. I think we have enough annexations in the mill right now without bringing in something to overlap something else. Mayor Barnes. The good thing about this that I can see is even though it overlaps and even; though we don't proceed with it, if it takes in that territory which the courts said is objectionable, if we do something to cor- rect that objection, then maybe we are doing something good. Mr. Williams. I think it is true if you do not decide you are going to take in the whole ranch . If you are going to take in the whole ranch, it doesn't make any sense to me to declare war during the period of truce on Forest Lawn. If you don't want to pursue the whole ranch, this move, in my opinion, is throwing down the gauntlet in the fact of Forest Lawn. Mr. Glenn R. Watson. I agree with Mr. Williams that the property owners here could refer this to the Boundary Commission. If the City Council refers it to the Boundary Commission it protects the territory or holds it free from annexation proceedings for 45 days. Personally, I cannot see how this could jeopardize your position nor can I see how it would do other than improve your position because it simply would mean that an annexation proceeding could not legally be filed by San Dimas or some other city during this 45-day period. If there is any possibility in your minds that you might wish to consider this, I suggest you refer it to the Boundary Commission. If there is no possibility of your consideration of it, forget it but you will be precluding yourselves in my judgment. Councilman Snyder. What we are in here is an attempt to clear up our eastern border. We have entered into an agreement in good faith with cer- tain parties here that we are not going to enter into any of these movements at least for 60 days and that is the feeling I got that the Council made and I don't think under those conditions we can even think about this tonight. Councilman Heath. I don't think there was any commitment made that we would not enter into any agreement. How urgent is this that we have to act on this immediately? -29- • C. C. 6-11-62 Page T�irty _....GENERAL— MATTERS "_Continued ORAL 'COMMUNICATIONS, re -"Annexation No. 167 - Continued Mr. Glenn R. Watson. In my judgment, the Boundary Commission report would have to be in your hands, at the latest, by June 25, 1962 if you wish to institute a proceeding under the assessed evaluation You would simply file a Boundary Commission report. You have:.ac-eomplished absolutely nothing except hold the question open. It would keep the matter open for. a decisions Mr. Williams. We have only gained 45 days. Mr. Watson.- This isn't any long-range protection against intent. Mayor Barnes. It wouldn't"hafrn-- him would it? Mr. Williams. The thing that occurs to me is that what it would harm is something for your judgment, not mine. It appears to me that when you are talking solutions with people you don't change the facts in the middle of the discussion, Councilman Towner- It seems to me we gave the Highlands an is opportunity to annex` to the City. We have extended them time and permitted them to go ahead with it, . I think we ought to carry that out to its logical conclu- sion. All we are buying is more litigations, as I see it. Let's go ahead with the logical program that we have laid out previously. If that fails, we will then take another step. Mayor Barnes- You don't feel we should proceed with this? Councilman Jett- No. Councilman Towner-. No. Councilman Heath.- I think it could solve some of our problems; however, the majority of the Council isn't interested. Mayor Barnes- It would be if. it s:olvodlanything as far as the court case is concerned. Gentlemen, I think you have your answer. CITY MANAGER'S REPORTS SCHOOL -RECREATION AGREEMENT Mr. Aiassa. The School Board is going to sign their's tonight so we ought to authorize ours. Motion by Councilman Heath, seconded by Councilman Towner, and carried, that the Mayor and the City Clerk be authorizedt to sign the contract with -30- • • C. C. 6-11-62 CITY-'-y1ANAGER,'S'°REPORTS Continued SCHOOE--RECREATION AGREEMENT Continued Page Thirty-one the West Covina Unified School District for the summer recreation program, the agreement being for a three-year period commencing on July L, 1962 to June 30, 1965. Councilman Towner-. RESOLUTION No. 239.0 ADOPTED Mayor Barnes-. I thinly our feelings should be conveyed to the School Board that we are very appr.e- ciative of their cooperation. The' City Manager presented-. i°A RESOLUTION OF . THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING AND DIRECTING THE MAYOR TO ACCEPT THAT CERTAIN AGREEMENT FOR PUBLIC WORDS PLAN PREPARATION PROJECT NO. P CALI- FORNIA 35, 5�110 Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows. - Ayes'. Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes-. None Absent-. None Said resolution was given No, 2390. RESOLUTION. NO, _2.39.1 _ The City Manager presented-. ADOPTED 1BA RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF WEST COVINA AUTHORIZING AND DIRECTING THE MAYOR TO ACCEPT THAT CERTAIN AGREEMENT,FOR PUBLIC WORKS PLAN PREPARATION PROJECT No. P CALI- FORNIA 35, 50" Mayor Barnes-. Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows-. Ayes-. Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes-. None Absent-. None. Said resolution was given No. 2391. L. -31- • Cn C. 6-11-62 CITY MANAGER'S REPORTS - Continued RESOLUTION No 2392 ADOPTED Page Thirty-two The City Manager pr4.ented: "A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING AND DIRECTING THE MAYOR TO ACCEPT THAT CERTAIN AGREEMENT FOR PUBLIC WORKS PLAN PREPARATION P'ROJECT No. P CALI- FORNIA 35, 49" Motion by Councilman Towner, seconded by Councilman Snyder that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes-. None Absent-. None Said resolution was given No. 2392 TRANSFER OF FUNDS City Manager, Mr. Aiassa-. I would like to have authorization from the City Council to transfer $150, 000. 00 from General Funds to Capital Outlay, This is the second step that I agreed to provide for the Council last year we transferred $80, 000. 00 . Motion by Councilman Snyder, seconded by Councilman Towner, and carried, to authorize transfer of $150, 000. 00 out of the General Fund to Capital Out- lay as per the report of the Finance Director. CITY CLERK-. INVITATION FROM MUSTANG PONY LEAGUE TO. BE PRESENT AT DEDICATION CEREMONIES ON June 17, 1962 Mr. Flotten: This is at the Merced and Orange Parr, LETTER FROM LOS ANGELES COUNTY EPILEPSY -SOCIETY 'FOR PERMISSION TO HOLD THEIR ANNUAL JULY FUND CAMPAIGN (No door to door) Motion by Councilman Heath, seconded by Councilman Towner., and carried, • that permission be granted to the Los Angeles County Epilepsy Society to hold their annual July Fund Campaign in this city, COPY OF RESOLUTION ADOPTED BY THE BOARD OF SUPERVISORS REGARDING "FEDERAL -AID HIGHWAY LAW BE AMENDED10 Mr. Flotten: The Council all have copies of this, -32- Ca Ca 6-1-1_-62. CITY "CY.°ERK -Continued APP➢..ICATION FOR RATE INCREASE BY GREYHOUND " _"'�Page`"i�irtymthree Motion by Councilman Heath, seconded by Councilman Towner, that the matter of the application for rate increase by Greyhound be referred to the City Manager. TEMPORARY USE PERMIT No. 191 Eastland Business Men's Assn. Gay Nineties Days Reguestfor permission ,to display horseless carriages at:_.Eastland Ma1-1 on July 5th to July 7th.. Motion by Councilman Heath, seconded by Councilman Towner, and carried, that permission be granted to Eastland Businessmen's Association to dis- play horseless carriages at the Eastland Mall in accordance with Temporary Use Permit No. 191 from July 5, 1962 to July 7, 1962, subject to inspec- tion by the City staff. ANNEXATIONS Mr. Flotten% I have two annexation proposals. The first one was, submitted to the County Boundary Commission by Fontana Enterprises. This is immediately east of Roger Roelle's property and faces Cameron Avenue. We have that No. -17.1. -'The: oit:her.-ttii -1 g�'pro- posed Annexation No. 172. This is immediately north of Roger Roelle's property. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that these applications for annexation be referred to the Planning Com- mission for report. IR$WINDALE RESOLUTION Mr. Flotteno I have a resolution by the Cour#il. of the City of Irwindale with respect to prohibiting commercialized poker. This is for information. APPLICATION FOR RATE INCREASE BY AIRPORT TRANSIT COMPANY Mr. Flotteno We have an application from the Airport Transit Company for an increase ;j;�rate. Motion by Councilman ;death, seconded by Councilman Jett, -and carried, that the matter of the application for rate increase by Airport Tran�'.it Company be referred to� the City Manager. -33- • E CaC. 6-1.1-6.2. CITY' -CLERK - Continued ANNEXATION - NORTH END OF IR WINDALE Councilman Heath: Mr. Aiassa: HELIPORT Councilman Snyder-, Mr. Aiassa: Page Thirty-four Mr. Aiassa, have we heard anything from the people on the north end of Irwindale on this annexation? They have cancelled and they will call us when they are ready to have another meeting, Is there anything more on the heliport? There is a report coming at your next meeting, SIGN REQUEST FOR LOS ANGELES COUNTY FAIR Mr, Flotten: I have a letter dated May 25, 1962 directed to the Mayor from Phil D. Shepherd, Secretary -Manager, Los Angeles County Fair Association. I would like this spread in the Minutes, "We wish again to request the cooperation of your City in permitting us to hang signs announcing the dates of the 1962 Los Angeles County_ Fair which will be held from September 14, through September 30. "We anticipate the Foley Decorating Company of El Monte will be in char-ge of the installation and removal. As is customary, the signs will not be placed until sometime - in. August. "We will also appreciate having the names of your city officials, as well as the name of the individual our decor- ator should contact in making arrangements for actual location. 10 Motion by Councilman Towner, seconded by Councilman Heath, and carried, that permission be granted to the Los Angeles County Fair Association to hang their signs subject to review by the City Safety Committee. • CITY, --ATTORNEY RESOLUTION, No._..2393 ADOPTED The City Attorney presented: 19A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF WEST COVINA AMENDING THE PROVISIONS OF RESOLUTION No. 1277 RELATING TO THE COMPENSATION OF FIRE ENGINEERS" -34- • • 1* C,,Ca 6-1.1,62 _._._CITY.__ATT:DBNEY . -..:Continued RESOLUTION No. 2393 - Continued Mayor Barnes. - Page Thirty-five Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows: Ayes.- Councilmen Jett, Noes.- None Absent: None Towner, Heath, Snyder, Mayor Barnes Said resolution was given No. 2393. ORDINANCE .No. .746 ADOPTED The City Attorney presented.- "AN ORDINANCE OF THE CITY COUN- CIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 217, Richard N. Scott) Motion by Councilman Towner, seconded by Councilman Heath, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Towner, seconded by Councilman Jett, that said ordinance be adopted. Motion passed on roll call as follows: Ayes*. Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Ipes.- None Absent., None Saidzzor.dinance was given No. 746. ORDINANCE INTRODUCTION The City Attorney presented.- "AN ORDINANCE OF THE CITY COUN- CIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 220) Motion by Councilman Towner, seconded by Councilman Heath, and carried, that further reading of the body of said ordinance be waived. Motion by Councilman Towner, seconded by Councilman Jett, and carried, that said ordinance be introduced. -35- • u CnC. 6-11-62 CITY "ATTORNEY - Continued RESOL_U7IO.N ._ _ DENIED Page Thirty-six The City Attorney presented. - "A. -.RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A REQUEST FOR A CHANGE OF ZONE " (ZC 197) Mayor Barnes.- 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 :defeated on roll call as follows: Ayes'. Councilman Towner, Snyder Noes.- Councilmen Jett, Heath, Mayor Barnes Absent8 None Mr. Williams.- The matter is still open until either deny it or grant it. It is still pending. The motion would be now to instruct the City Attorney to bring in an ordinance approving the zoning. Mr. Raymond_ Mann I think we have roughly 350 feet on Merced 247 East Newmann and about 160 feet on Glendora and I Arcadia think the total we are willing to dedicate and improve is roughly 10,000 square feet and all the improvements with it, paving, curbing and gutters. This includes the R--P. which was recently granted on the westerly 200 feet. Motion by Councilman Jett, seconded by Councilman Heath, and carried, to instruct the City Attorney to bring in an ordinance granting C-1 zonilgg. Councilmen Towner and Snyder voted 'No'. INTRODUCTION OF NEW CHAMBER MANAGER Mr.. Aiassa.- Mr. Tambey, our new Chamber Manager, is in the audience tonight. He has been appointed as of June 1st. • Mayor Barnes.- It is nice having you with us, Mr, TambeN,•. Councilman Towner.- Mr. Tambey has already taken good hold. He was presented at the court hearing today and did good work for us there. -36- • E C. C, 6-1.1.-62. . GENERAL PLAN HEARINGS Councilman Snyder. - Mayor Barnes-, Page Thirty-seven Is there a general plan hearing on the 13th? Yes, Councilman Snyder-, The only people we get at the general plan hearings are the people who are against the plan. I am sure there is a great body of citizens who are in favor of the plan and in favor of seeing it passed and I think the only thing they don't understand is that the Council needs to know this. I don't think it has been highly enough publicized that people who are in favor should be there, and show up. I think this should be held to another two weeks and it should be publicized that those who wish to speak in favor should be there to speak in support and show support. Councilman Towner-, M r . Joseph-, Councilm an Towner. - Mr. Aiassa-, M r . Joseph. Is it possible to have this map in the paper? We had it in the paper once before-, there is a plate available. Make it the 27th. Alright. As you know, Eisner°s contract has now expired and if we have to have him, we will have to pay him as a special meeting. Mr. Eisner felt that his coming would not serve any purpose now. Councilman Jett-, I am against postponing this from the 13th. You have told people you are going to have it on the 13th. I think you should go ahead and hold it. Voice-, I concur with Mr. Jett as far as the previous releases have been made; they have been made stating the three separ- ate dates. The opponents are the ones who are going to be out. Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that the next general plan hearing be held on the.2.7th.and that adequate public• ation :.of the-�%6ses of this meeting be put in the paper. r Councilman _Jett voted' .',No'. -37- CoC, 6-11-62 Page Thirty-eight COUNCIL°S REQUEST FOR MATTERS TO BE BROUGHT 46 BEFORE THEM Councilman Heath: I would like to ask the Council to refer a problem to the Planning Commission, the problem being that at any time a member of the Council wishes a matter to be brought before them that they must do it in the form..of .a_.mo.tion�. d=..have__a..._majo.rity vote. I feel that any one Councilman should be able to call up a case without having a maj- ority vote of the Council. I am speaking of zoning matters. WATER MEETING Councilman Heath: We are having a water meeting tomorrow. with the Upper San Gabriel Water Association, the San Gabriel Water Association and West Covina. I will be there, It is at El Monte at three o'clock right next to the City Hall. Councilman Jett: I will be there. Mayor Barnes: I'll try to make it. • SUPERIOR COURT SITE LOCATION Councilman Towner: At the hearing before the Superior Court Judges Committee on site location, we were represented in this proceeding, along with all of the other cities west of Kellogg Hill and supporting the West Covina Site by Mr. Francis J. Garvey. We hope that the court will recognize the criteria for placement of the court where it will best serve the most people and this was the approach that we made. The judges indicated they will report to the full panel of judges on June 21 at the closed meeting. Any City who wants to present further information before the full panel of judges could do so in writing at any time before the 21st. CORONA FREEWAY Councilman Jett: The Chamber of Commerce Committee on the Corona Freeway had a meeting today and have a business card for Mr. Tambey to call in reference to the freeway. It is coming up before the Los Angeles County Regional Planning Commission and it was requested that we all, through our Chamber of Commerq�e try to get resolutions approving and requesting the State to set this to 1965 instead of 1967. This has to be done before the 18th. Mayor Barnes: I would �ke to congratulate Council- man Tof�er on his efforts on the courts. I asked Mr. Towner to ow C. Co 6-11-62 Page Thirty-nine _MAYOR BARNES'-,"--- Continued represent me at the East San Gabriel Planning Commission and I under- stand congratulations are in order here because he was chosen as Chair- man for this year, Dr. Snyder, I understand, is to be congratulated, on winning an election on the Central Committee. We will also have a resolution drawn up congratulating. Vaughn Walters for his new position with the City of Inglewood and I know everyone of us are sorry to lose Vaughn. He has been a real asset to the City of West Covina, Motion by Councilman Towner, seconded by Councilman Jett, and carried, that the City Clerk be directed to draft a resolution of appreciation and congratul,4ti.ons to Vaughn -Walters. Mayor Barnes. Mr. Laudenslayer is to be commended for doing a very nice job as far as the recreation department is concerned with the City and also I would like to have a resolution adopted for him. Motion by Councilman Heath, seconded by Councilman Towner, and carried, that the City Clerk be directed to draft a resolution of congratulations to Ralph Laudenslayer, Mayor Barnes- I would like to set up the 18th, 19th, and 20�h for budget hearings Councilman Snyder- The Chamber of Commerce has a dinner on the 20th. Councilman Towner- I will be out of town, Mayor Barnes- Would you like to have abbudget meet- ing tomorrow night? Councilman Heath- Alright. Councilman Towner- Yes. Councilman Jett- Yes. Councilman Snyder- Alright, Mayor Barnes- -What about the 15th? Mr. Ai.assa. I think I'll be out of town on the 15th, Mayor Barnes- We will make it the 12th, the 18th, the 19th and the 20th. There will be no personnel meeting, It will be Zody#s Thursday night. Zodyl�-s is having their ground breaking at eleven o°clock on the ZOth. -39- I* • C, Co 6-11-62 Page Forty Mayor Barnes-. If there are no objections, I will proclaim the week of the 10th through the 16th National Flag Week. So proclaimed. APPROVE DEMANDS Motion by Councilman Towner, seconded by Councilman Snyder, to approve demands totaling $87, 550.90 as listed on Demand Sheet Nos, C243, C244, C245 and B104P the total includes funds transfers of $66, 015. 16. Motion _..._.....___passed on -roll call as follows, Ayes-. Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes-. None Absent, None There being no further business, motion by Councilman Snyder, seconded by Councilman Heath, and carried, to adjourn to Thursday, June 14, 1962, at 8,00 p.m. ATTEST, City Clerk APPROVED Mayor