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07-23-1962 - Regular Meeting - Minutest- MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA July 23, 1962 The regular meeting of the City Council of the City of West Covina was called to order by Mayor Barnes at 7:45 P.M. in the West Covina City Hallo The Pledge of Allegiance was led by Councilman Heath, with the invocation being given by Councilman Jett. ROLL CALL Present: Mayor Barnes, Councilmen Jett, Towner (from 8:25 p.m,), Heath, Snyder Others Present, Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Harry Co Williams, City Attorney Mrs. Fern So Merry, City Treasurer (until 9:10 p.m.) Mr. Thomas Dosh, Public Services Director (until 10:15 pm) Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES June 27, 1962 - Approved Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the Minutes of June 27, 1962, be approved as submitted. July 2, 1962 - Approved Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the Minutes of July 2, 1962, be approved as submitted. CITY CLERK'S REPORTS PRECISE PLAN NO. 277 LOCATION, Northeast corner of Accept Street Improvements Glendora and Vincent Aveso Humble Oil, Company APPROVED Accept street improvements and authorize release of Fidelity and Deposit Company of Maryland bond No. 5572465 in the amount of $10,200.00. Staff recommends acceptance and release of bond. Cash deposit of $575.00 retained for street lights. Certificate of Completion received. Inspector's final report filed. Motion by Councilman Heath, seconded by Councilman Snyder, and car- ried, to accept the street improvements on Precise Plan No. 277 and release Fidelity and Deposit Company of Maryland bond No. 5572465 in the amount of $10,200.00; and further, 'that the cash deposit of $575.00 for street lights be retained. PROJECT C-95 Accept street improvements D & W Paving Contractor Approved LOCATION,. South side of Francis- quito Avenue and west side of Sunset Avenue. Accept street improvements and authorize release of Ohio Casualty Insurance Company bond No. 1. 058979 in the amount of $10,962.58, sub- ject to Notice of Completion procedure. Inspector's final report filed. -1- 0 0 Co Ca 7-23-62 PROJECT C-95 - Continued Page Two Motion by -Councilman Heath, seconded by Councilman Snyder, and car- ried, to Accept the street improvements on Project C-95 and release Ohio Casualty Insurance Company bond No. 1 058979 in'the amount of $1.0,962.58 subject to Notice of Completion procedure. PROJECT C-178 Approve Plans and Specifications Traffic Signals and Highway Safety Lighting APPROVED LOCATION. Cameron and Sunset Avenues. Review Engineer's report, including Fire Station signals. Approve plans and specifications for traffic sig- nals and highway safety lighting. Authorize City Engineer to call for bids. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to approve plans and specifications for street signals at the corner of Cameron and Sunset Avenues and highway safety lighting. Motion by Councilman Heath, seconded by Councilman Jett, and carried, to authorize the City Engineer to call for bids on Project C-178. PROJECT C-163 LOCATION-. Sunset Avenue Bypass and Approve Plans and Specifications Sunset Avenue Underpass Street Improvements APPROVED Councilman Heath- This is for a small section at the south end of the newly improved street, is it not? Mr. Aiassa. Yes. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to approve the plans and specifications on the street improvements on Sunset Avenue Bypass, Project C-163, and authorize the City Engineer to call for bids. PROJECT C-181 LOCATION. Sunset and Merced Approve Plans and Specifications Avenues. Traffic Signals and Highway Safety Lighting HELD OVER Mr. Aiassa. This is the report that you re- ceived from John Lathrop dated July 19, 1962 and the cost esti- mate is $1.2,500,00. The amount budgeted was $8,500.00, If you read the report, we will save approximately $2,000.00 by completing this type of work now and the $4,000.00 that we need in additional funds will have to come from Traff.Jkc Safety, We do -not have it in that fund. City Clerk, Mr. Flotten, read the report from John Lathrop. Councilman Heath: I can't see the connection here between 'the Sunset Avenue Under- pass, Sunset Avenue Bypass and Sunset and Merced, -2- Co Co 7-23-62 PROJECT C-181 - Continued Page Three Mr. Aiassa- This is for a synchronized - system. We are going to tie Sunset at Merced, Sunset at Cameron, and Sunset at the Underpass together. Councilman Heath - I would like further study on this. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Project C-181 be held over for further study until the next regular meeting, August 13, 1962. RESOLUTION NO, 2413 ADOPTED Mayor Barnes,. Councilman Heath,. • Mr. Joseph - The City Clerk presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPRO- VING THE FINAL SUBDIVISION MAP OF TRACT NO. 27022, ACCEPTING THE DEDICATIONS THEREIN OFFERED AND ACCEPTING AN AGREEMENT BY THE SUB- DIVIDER AND A SURETY BOND TO SECURE THE SAME" (Fontana Enterprises) Hearing no objections, we will. waive further reading of the body of the resolution When dial we pass the continuation of Charvers Avenue? About four to six months ago. The Council saw it. Mr. Aiassa; If the. County Road Department re- aligns Grand Avenue, it is going to go r.,ght through this subdivi- sion, We have no grounds to stop this subdivision, We called the engineer in and showed him the study maps we: had. City Attorney, Mr. Williams If it complies with the tentative, you can't do anything but approve Motion by Councilman Snyder, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll, call as follows. Ayes,-, Councilman Jett, Heath, Snyder, Mayor Barnes Noes,. None Absent- Councilman Towner Said resolution was given No. 2413. SCHEDULED MATTERS BIDS PROJECT C-172 LOCATION,. Southwest corner of Puente Traffic Signals and Azusa Avenues. Mr. Flotten,. I have a memorandum directed to the City Manager regarding this matter. Authorization was given the City Engineer to call for bids; Paul Gardner, $1,239.00 was low. The recommendation is that the contract for Project C-172 be awarded to Paul Gardner Corporation on the basis of their low bid by the issuance of a purchase order in the amount of $1,239�00. -3- 0 0 Co Co 7-23-62 BIDS - PROJECT C-172 - Continued. Councilman Heath - Page Four, The low bid,is approximately-hal f of any.other bid. Due -to the fact that this is so low, could we re- quire a bond on an informal bid? Mr. Williams- You could if You want to— There are no legal restrictions on the contract you make for this, Councilman Heath- Could we hear the other amount that was bid? Mr. Flotten- The City Engineer's estimate is $2,035.00. Paul Gardner Corporation, $1,239.00, Fishbach and Moore, $2,164.W Mr. Williams- You can't hold them to this bid if you change the terms. Mr. Aiassa-, This has to be approved by the State, too,so we have a second check on it. Motion by Councilman Heath, seconded by Councilman Snyder, that the pur- chase order be given to Paul Gaidner Corporation in the amount of $1,239000 for the work to be done on Project t-172. Motion passed on roll call as follows° Ayesz Councilmen Jett, Heath, Snyder, Mayor Barnes Noes. None Absent.- Councilman Towner Hearings DISTRICT A'11-60-1 Hearing of protests or objections to Sanitary Sewer District the confirmation of assessment to cover the installation of sanitary sewers in the Magnolia Avenue and Larkwood Avenue Sewer District. Set for hearing this date in the "Notice of Filing Assessment and Diagram" dated June 29, 19620 Mayor Barnes,, Mr. City Clerk, do you have the af- fidavits of this hearing, affidavit of publication, affidavit of posting and affidavit of mailing? Mr. Flottenz I have the affidavits, Mr. Mayor, Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to receive and file said affidavits. Mayor Barnes- Mr. City Clerk, have you received any written protests or objections against the assessment? Mr. Flotten: I have one written protest, dated July 16, 1962, regarding Assessment Nos. 63 and 64 and signed by Eugene Co Kuske . and Betty M. Kuske, 818 Dancove Drive. -4- • Co Ca 7-23-62 DISTRICT A°11-60-1 - Continued Page Five Mr. Thompson- The case.involved.has;two lots and the property owner has built his house on two lots. He should be charged only one house lateral., The map that came to us'showed-two laterals. We are now prepared to correct this situation.' We can re- move the cost of one lateral,and this answers his problem. I have given the City Attorney the resolution to correct that. Mayor Barnes- Does that answer your question, sir? Mr. Eugene Co Kuske I guess.that°s the answer to the 818 Dancove Drive, West Covina questions Motion by Councilman Heath, seconded.by Councilman,Snyder, and carried, that there being no further protests,, the hearing shall, be closed. RESOLUTION NO. 2414 ADOPTED City Attorney Mr. Williams, The City Attorney, presented- .94A RESOLUTION OF THE CITY COUNCIL OF THE -CITY OF WEST COVINA ORDERING THE MODIFICATION OF THE DIAGRAM AND ASSESSMENT ROLL IN SEWER ASSESSMENT DISTRICTNO, A' 1.1=60-:1„ r°ead�.the modification of the resolution, Mayor Barnes- Hearing no, objections, we will waive further reading of the body of the resol,uti.on.. Motion by Councilman Heath, seconded by Councilman Snyder, that said resolution be adopted. Motion passed on roll call as follows- Ayes- Councilman Nett, Heath, Snyder, Mayor Barnes Noes-, None Absent- Councilman Towner Said resolution was given No. 2414 See additonal. action on page R. ZONE CHANGE NO, 221 Archimede Go Pizzo APPROVED LOCATION. 1,49 and 1.55 North Orange Avenue between Pacific Lane and Garvey Avenue Request to reclassify from zone R-1 to R-3o Denied by Planning Com- mission Resolution No. 1218. Appleal.ed by applicant on June 22, 2,962. Hearing held over from duly..9, 1962. Hearing Open. City Clerk, Mr. Flotten, read Planning Commi.ssicn Resolution No. 1218. Mayor Barnes: • IN FAVOR Is there any additional testimony regarding this matter? Mr. Francis do Garvey I would Like to introduce Mrs. Zornes Attorney the owner of the property, and she 281 East Workman Avenue, Covina would like to'give some short testi- mony regarding a prior sale. -5- 0 E • Co Co 7-23-62 ZONE CHANGE NO. 221 - Continued Mrs. Zornes 155 Orange Avenue, West Covina Page Six In March we sold the property to' someone for houses. Theplanwas turned down for housing and -the Commission said they were holding it for apartments. Now the Commis- sion has turned it down for R-3. Mr. Francis J. Garvey,. 1, expected Mr. Ray Born and Mrs. Mary Madott as witnesses tonight, Mrs. Maddtt authorized me to say that she was in favor of this change of zone and was planning to ask for an R'-3 development on her land. I believe what actually happened was that a Mr. McNutt, who was planning to purchase the property through Mr. Born, contemplated putting on the. property by means of a'split lot situation, additional houses and from what he told me he had a conference with some- one, whom he could not identify', in the City Hall and discussed the pos- sibility of doing this and he was informed that the General Plan indi- cated that the area would be held for R-3 and consequently, his sale was abandoned, Councilman Towner entered the chambers at 8�25 P.M. Mr. Francis J. Garvey: We are unable to give you proof of the Planning Commission reversing itself in two situations. It seems to me if a broad general plan indicates an area for development, we cannot rely too far in zone cases on the fact that it is a 20-year plan, and postpone everything, , If it is indicated on the General Plan for long-range development, then it seems to me that the choice of when it would be developed ought to lie with.the land owner who has to use the property. If it is in the future, a date should be made known so that the people who own the property would know when to de-velop.the land. IN OPPOSITION Mr. Russell Alston 10904 West Pacific Lane West Covina a neighborhood piece by piece° within the next few years when much nicer manner than can ever Mr. Robert Topper 21.8 North Orange West Covina I see nothing wrong with your master plan and it does indeed ca ' 11 for high density of apartments in, that area in the future. I am protesting the spot zoning business of destroying I firmly believe there will. come a time the whole area will be developed in a accrue by letting it go piece by piece. some discussion that the Council property. . I believe there was some conflict last meeting concerning this over- all plan. It seemed that the City Attorney was going to look into this matter and there seemed to be repealed the high zoning act for this Mr. E. S. Booi It seems that there was something 1907 West Pacific Lane said about the age of the structures West.Covina in the area and the structures in this particular area are certainly not of the age to be razed and we object rather strongly to having our property values destroyed by a hap- hazard development. Co C. 7-23-62 Page Seven ZONE CHANGE NO. 221 - Continued IN OPPOSITION - Continued Mr„ Joe Rodriguez 1 agree with what, these gentlemen 1.501 Pacific Bane have just said. West Covina Mayor Barnes- Mr. Williams, I would like to have this clarified in regards to the po tential zoning that was asked by Mr. Robert.Topper•-as to whether or not itwas removedo Mr. Williams-. I can't .answer it as to this parti- culaf piece of property. Potential zoning was not removed from the City ordinance. There was a change made as' to the,method of realizing -the potential zone of changing to it, but it is not removed. it .ha.s changed the method.from a resolution to.an-ordinance. RFRTTT I°AL Mr. Francis J. Garvey. 1 would again call to.. your attention that there 'is in the file and properly in 'the record before you a petition signed by, I.believe, every property owner within this triangle with the exception of the C-1 use already at the end, and Mr. Alston. With re- spect to spot zoning, it is di,fficultt t:o. u-_,aderstand how you can spot zone in an area which entirely has an intended'chatradteristico At one • time, this area was zoned R'-3, `With•respect; to the property across the street, you have already broken this,block when the C-1,, which is pres- ently in existence, was permitted.. 1 believe that the time to rezone is when somebody has a use•for the property;. when an over-all consider- ation of the need and the uses in.the City have indicated that a parti- cular piece of property ought at some time bear a certain classification. Someone has to make a start some place o I ask that yci,,,j: reverse the Planning Commission decision and,grant the zone change requested. Mrs. Mary Madotto I had some property there on Pacific Avenue and I am in the pro- cessof purch•asing.another piece of property right next to Mr. Pizzo"s'and 1: understood that it was R-3, otherwise I wouldn't have bothered buying, There being no further public testi.mdny, the hearing was closed. Councilman Snyder. • 1; ' th,ink 'this was held over to allow the staff to prepare a plan to show dhow this could be buffered. If we put R-3 here we are putting R-3,fading R-1 ont:wo different sides which we have avoided doing in the .past,, I would lake to hear the report from the staff regarding the study.that they have made. Planning Director, Mr. Joseph, ' The , obvious way you can separate R-3 i • f°om: R-1 'is to separate ;it by means of_zoning. Thereis one 'exception to this rule, in the City, behind 'Von ' s,'Ma,rket; where you,have permitted single family to front onto multiple'family, but in that particular sit- uation all of the land is totally' 'vacant 4t the present time-. :In this case, the idea of buffering is,-quite`simple. You facie single family with single family. The City Council, is going to have to make a policy decision on ,how they want to'act on this. (Presented map and explained same.) Co Co 7-23-62 Page Eight ZONE CHANCE NO, 221, - Continued Councilman Snyder: In looking at this plan here, 1. could see how you would possibly waht to, deviate from that on Orange'Avenue, • but to front apartments across the narrow street -to the north into R-1 seems to me at this time to be premature and to give the R=3 to the far northeastern corner first and to intrude into the R-1 neighborhood is, I feel,, way premature, I feel. R-3 should go on the southern. portion, but it should remain R-1 along Pacific Lane. Maybe ten, 1.5 years from now R-3 may extend further, but when it does it will have to jump the street, Councilman Heath. I think if all these properties were under one ownership, the plan that the Planning Department bas made would be ideal. You could use the R-1, to buffer the R-3 from the other R-1. However, when you have so many property owners and try to get them into an agreement, this would be diff-1.cult. 1'. would like to see It developed the way the Planning Department has proposed here, butv- I don't see how you can do it and still be realistic and allow the, people to develop their property. I think there are good pcints on both sides of this. I think the only way we can go is to consider each one of these parcels individually and grant them R-3. Councilman Jett: This is a problem piece of property and I think it is somewhiRt of a chall.enge to come up with the right answer. When it comes to forming a buffer between residential and mul- tiple dwellings, I don't know how you are going to accomplish thato In my opinion, this type of buffering would mean more to me if there was I something that was shielding me from businesses or the freeway traffic and the noise from the freeway and in my opinion multiple dwell-ings would be an asset in an area forming a buffer; between single family residents and your noise area. All of the statements I I-.O.ave heard have not been against R-3 zoning,, but devoloping the R-3 at this time. I think now is the time to allow them to go ahead. 'I would be in favor of granting R-3. Councilman Towner, Apparently this has been potential R-3 for some time. 'The new General. Plan says it should be high density and the only thing the Planning Commission said in their denial was that they didn't think the timing was right, It appears to -me this is not a valid basis for denying it. I think if we do go to R-3 on the property we should seek to protect the home owners across the street by adequate precise plan which would provide landscaping and traffic channelization, I think under the circumstances the zoning is probably correct and that we should seek to protect the home owners by precise plan rather than the buffer. strip. Councilman Snyder-, I am not opposed to this partt,cularly on the basis of timing. I am opposing it on -the basis of planning. The General. Plan does not specifically, to my understanding, include th-is lot. It includes the area. Any implementation of the General Plan demands that it be done with good planning. M • i C. Co 7-23-62 ZONE CHANGE NO. 221 - Continued Page Nine Mayor Barnes,-,' in regards to the General Plan, I think the, Generaill. Plan is an Area plan rathek than a precise plan and it is up to us to do good planning for any area. a X also feel: that the people across the street deserve R-1 facing them because of the type of the area° It is all R-1 surrounding this piece of property. II feel, that Pacific Lane does not lend itself to R-3 and 1 didn't feed it Lent. itself to C-1 on the corner because this is primarily residen- tial. It: would be against R-3 facing Pacific Lane. Motion by Councilman Jett, seconded by Councilman Heath, that Zone Change No. 221 be approved. Motion passed on 1'011 call, as fol.lowS' Ayes: Councilmen Jett, Towner, Heath Noes- Councilman Snyder, Mayor Barnes Absent;: None Mr. Thompson: RESOLUTION' NO, 2415 ADOPTED Mayor Barnes: The c:or,-rec;tions have been made in the resc'11-ution conf i.r°mJI.ng the assessment; for the improvement of the Magnolia A` 6nue and Larkwood Avenue Sewer District,, M7r'o Mayor. The,, C71.'ty Attorney press ntsd: "A RESOL,UTYON OF ThiE CI7TY COUNCIL OF THE CITY OF WEST COVI,NA COIv- F IRMRNt THE ASSESSMENT FOR THE IMPROVEMENT OF MAGNOLL[ A AVENUE AND OT''HER STREETS, )D37STRI;CT A°111-60-1, AS MOD-71 �+,ED" Hearing no objection, we wi,l'I waive further reading of the, body of the resolution. Motion by Councilman death, seconded by Coiunci)!,m.,�n Jett, that .said resolution be adopted. Motion, passed on rol.l call as follows - Ayes,. Councilmen Jett, Death, Snyder, Mayor Barnes Noes: None Absent- None Councilman Towner: IC will abstain from voting. Said resolution was given No. 241.5 EASTERLY ANNEXATION NO. 170 hearing of protests set for October Hearing of Protests 23, 1961, by Resolution no. 2191 HELD OVER adopted, by the City Counc+i.l. on Sep- tember 11, 1,96:1:. Hearing continued from October 23, 19619 to November l.3th, and from November 13th to January 22, .1.962; from January 22nd to March 12th and from March 12th to April 23rd; from April 23rd to June llth, and from June llth to July 23, 1962, pending result of litigation. ME 9 0 C. Co 7-23-62 Page Ten ANNEXATION NO, 170 - Continued Councilman Heath: I had a meeting with some of the property owners in this'Anneyati.6h 1.70 this past week at their request, They were concerned about what type of zoning and area*di.strict they would have placed on their property if and when they annexed to the City. It was pointed out by Mr. McKeel that his property has rather rugged terrain and an Area District of V or IV would be unrealistic. My personal opinion, I pointed out to Mr. McKeel that we have a so- called sliding scale ordinance now which would permit variations in the size of lots so that should an Area District IV be Out on this property that the lot size would be related to the terrain and not necessarily to the minimum specifications of the area district. I have pointed out to Mr. McKeel my personal feelings which are that the purpose of this sliding scale is to permit lot sizes that would best fit the terrain. I think it would behoove the Council to give their interpretations of what is meant by this so-called sliding scale ordinance that we have adopted because many people are a little afraid of it. Councilman Snyder: to fit into the contour of the land maybe up to a 2-acre lot. Councilman Jett,-, Councilman Towner - Councilman Heath; Councilman Towner - It was my interpretation that it was not so much as to lot size but to allow as to lot frontages and and not go down to a small lot or I was under the same impression as Councilman Heath. Mr. Heath, who else was present at this meeting? Mr. McKeel, Mr. Garvey, Mr. Peir, Mr. Walsh,, Mr. Aiassa,, Mr, Joseph, Mr. Dosh and myself. This was on Wednesday of last week, Mr. Peir and Mr. McKeel are the two men from that annexation and they raised that question. Mayor Barnes: Regarding zones TV and V, I think we have indicated before that on hilly ground this is very necessary to have a sliding scale because of the terrain. I think this is one of the reasons we have asked arial maps for this particular area. I feel the terrain has a great deal to do with the lot size. I would like to hear the ordinance read before we go into the hearing. Mr. Joseph: Council Ordinance No. 737, Section 9220.21 which relates to hillside areas,, "The requirements are flex- ible. Area District IV is 20,000 square feet firm and V is 40,000 square feet firm. This is an overriding section; it may apply to any area in the City, Whenever it is found by resolution of the Planning Commission that by reason of steepness of slope, uneven topography, for circumstances requiring lots of unusual shape the application of the required setback, frontages, lot widths, lot depths or lot areas con- tained in this chapter would be impracticable. The Planning Commission shall by resolution fix such lesser setback, frontages, lot widths, lot depths and lot areas for such lots as may be necessary to eliminate the hardship caused by such circumstances but conforming as nearly as pos- sible to those established by this chapter and when approved by motion of the City Council the same shall prevail in lieu of the requirements otherwise set forth herein". • Ca Co 7-23-62 ANNEXATION NO, 170 - Continued Councilman Towner: Councilman Heath: Page Eleven I agree, too, except I wonder if Mr. Heath was asking us to set some minimum and maximum limits. No, I was just asking for inter- pretation. Councilman Towner: It seems to that under this ordi nance the Council and the land devel- oper can get together and work-out the most feasible, economical and practical development of his property within the general intent of the Area District V or Area District IV or whatever overlaid it. Myaor Barnes: I think we all understand the Ordi- nance and with a map submitted to us I think we all agree that ter- rain has a great deal to do with the -lot size. Councilman Heath: That you very much. Mayor Barnes: Now is the time and place for the public hearing on Annexation No. 170. Mr. City Clerks are there any written protests? • Mr. Flotten: On the basis of the assessed values as reflected in the 1961-62 Equalized Tax Assessment Roll, the total amount of value of land assessed in the area is $108,600.00; the total amount of improvements is assessed at $50,510.00; this totals $158,110.00. In order to be protested out at this hearing, in excess of $79,550.00 would have to be protested. The protests are as follows: On April 23, 1962, Ruth M. Birrell filed an official protest in the amount of $350,00. On July 17, 1962, Forest Lawn filed an official protest in the amount of $135,000.00 but on the basis of the 1962-63 Assessment Rollo The assessed value for 1961-62 is $65,OOO.00. On July 23, 1962, Leland Do McKeel filed an official protest in the amount of $11,OOO.00. On July 23, 1962, Leland McKeel and Ester Po McKeel filed an official protest in tte amount of $13,500.00 land value, $9,910.00 in improve- ments. On July 23, 1962, Alois Ho Peir and Kathryn E. Peir filed an official protest in the amount land valued at $150.00o On July 23, 1962, Alois Ho Peir and Kathryn E. Peir filed an official . protest in the amount of land valued at the amount of $10,000.00, improvements, $1,120.00. On July 23, 1962, May W. Patten filed an official protest in the amount of $3,750.00 land value, $9,410 improvements. -11- • • Co Co 7-23-62 ANNEXATION NO. 170 - Continued Mr. Flotten - Continued The total amount on value $103,750.00; value on the basis Mr, Williams: Mr, Flotten: Mayor Barnes: IN OPPOSITION Page Twelve this basis protested out at this date, land improvement values $20,440000; total assessed'' of the 1961-62 Equalized Assessment Roll, $124,190. The figure you gave on- Forest Lawn includes their entire parcel? This is for parcel 6 and 7. Only a portion of parcel 6 and 7 are included in this annexation. We included entire assessed evaluation of the entire parcels. We will now conduct the public hearing. Mr. Blalock, Attorney For the purpose of checking this, Executive Vice President parcel No. 6, which was $7,OOO.00 Forest Lawn Company, in 1961-62 has 154 acres, plus, 1712 South Glendale Avenue and 104 acres plus of that is within Glendale, California Annexation 170. Parcel No. 7, as- sessed at $58,000.00 has 517 plus acres, 461 plus being included in Annexation 170. There is 565 acres of the two parcels out of 671 acres. If you divide it mathmatically and percentage -wise, you still come up with a majority protest. Councilman Heath: I move we hold this hearing open until our next adjourned meeting which would be one week from tonight. Mr, Blalock: I would like to register an objection to the motion. Mr. Williams: I°m guessing what Mr. Blalock wants to do now is raise a point of law for your consideration on the motion that has been made. Mr. Blalock: Referring back to the figures that were given by Mr. Flotten, in arriving at the total assessed valuation, he included the $65,OOO.00 assessed valuation of the two parcels and in the protest he also included this. Now, if you take a portion of the one you have to take a portion of it in the other and there is, using the total assessed valuation, a protest of nearly $50,000 majority. The total on 6 and 7 is $65,000 on the 1961-62. In adding the total evaluation in order to get his 50% he added that $65,000 and so he sub- tracted the same when he subtracted the protest. If you take $50,000 of it, the percentage of whatever you might have in mind, but if you were to take a percentage of it you have to take a percentage both ways off of the total assessed valuation and off the protest but you would have to take nearly all of it away from us to get less than 50% because the total assessed valuation is $65,OOO.00 and we have a protest here of nearly $60,000 majority. I think you first have to conclude your protest hearing before.there can be anything further. I think the law requires you to do this. I was objecting to adjourning this hearing because I think you must cY2clude this.hearingo • 0 • Co Co 7-23-62 Page Thirteen ANNEXATION NO. 170 - Continued IN OPPOSITION - Continued Mr_. Williams: Section 35313oA provides. "If privately owned property and no publicly owned property is proposed to be annexed, further proceedings shall not be taken if protest is made by private owners of one half .of the value of the territory pro- posed to be annexed," At no time had there been a protest of publicly owned property. No further proceedings shall be taken. Councilman Heath: I don't think that., relates to hol- ding the hearing open for another week. Mr, Williams: I have some doubt, slight doubt, as to the application of this language. I have no doubt as to what the lan- guage said before the 1961 amendment. It said what I said.. Once this protest has been filed, there is no further room for withdrawal, the proceeding is closed. I think it still means that. There might be reason now to inject some amount of argument because the preceding section has now been amended to say that protest may be withdrawn un- til the final adjournment of the hearing, conceivably it could be argued that you can hold it open for the purpose of obtaining withdrawal pro- tests. However, in making that amendment, the legislature did not change 35313 which still states the exact words that I read. That once there has been a majority protest no further proceedings shall be taken. Councilman Heath: Mr. Williams: Councilman Snyder: Mr. Williams: this language was first written. it because you lose it anyway. Mayor Barnes: Is a continuation of a hearing ad- ditional. procedure? Yes Nobody can withdraw a pvvtest now? That would be my interpretation al- though I will concede the amendment on withdrawal has taken place since You can't lose anything by adjourning Is there anyone else who wishes to be heard on this matter? Mr. William Do Moore: I am representing Forest Lawn. I Attorney would like to address myself to the legality of the procedure. I have discussed it often with Mr. W11liamso I would have to agree with him that the law is very plainly set forth and at this time in the proceedings when your Clerk has reported without doubt and under any interpretation you do have a majority protest, the only thing left to do is complete these hearings and that includes a prohibition on a continued bearing. You have ten days in which to adopt the formal resolution. If you don't act in those ten days you are pre- sumed to have acted., I urge that the motion before the Council, be over- ruled and that the proper motion adjourning the hearing and filing of majority protest be offered.. -13- • is Co Co 7-23-62 ANNEXATION NO. 170 - Continued Page Fourteen Mr. Blalock: I just want to call 'your 'attenti6h' - to the sequence of events o ' I -concede that Bob Heath has excellent sales" qualifications, but he tried to sell Mr, McKeel -on the idea of 'not 'pko= testing last Wednesday and he, Mr. McKeel, signed -it this afternoon and signed it in the office of his attorney. I was not present. I'gather that you didn't sell him a bill of goods last Wednesday -and I question very seriously if there is any other purpose for this motion, 'I don't think this is dealing fairly with us and I don't think it is dealing legally with use Councilman Heath: I will restate my motion. Motion by Councilman Heath, seconded by Councilman Jett, that the hearing of protests on Easterly Annexation No. 170 be continued to August 6, 1962 at eight o'clock P.M. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Mayor Barnes Noes: Councilman Snyder Absent: None Mr, Blalock: I want the record to clearly show that no one who had filed a written protest has requested permission to withdraw or approach this micraphone and expressed a different opinion than that expressed in the written protest. I would like the record to further clearly show that this protest hearing was opened, the Clerk was asked for written protests, he read written protests on file -showing a heavy majority of the assessed valuation being opposed to the annex- ation and that the motion to adjourn was made after: both of these things occurred. I think I am correct in my statement of facto VARIANCE NO. 368 and PRECISE PLAN OF DESIGN NO. 299 Roger.Roelle HELD OVER LOCATION: Service Avenue between Sunset and Richland Avenues Request to permit reduction of re- quired number of parking spaces in Zone C-2, and for adoption of Precise Plan of Design, denied by P.lan- ning~:Commission Resolutions Nos. 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 matter be held over from May 14th, Applicant not present. Held over to June 11, 1962. Held over from June llth to July 23, 1962. Maya° Barnes: We said that at this time if there wasn't anyone here to represent Mr. Roelle we would probably just delete it. . Councilman Heath: I talked with Mr. Roelle aboutten days ago and from his expression at that time he thought this was coming up tonight and he still feels that this should be active so with his expression, I would like to hold this over, -14- C. Co 7-23-62 VARIANCE NO, 368 - Continued Mayor Barnes: Councilman Jett: Councilman Heath: Councilman Jett: Page Fifteen Is there any in the-audierice who is concerned with'Variance Noo 368 or Precise Plan of Design No. 299? (There was no response), I think Mr. Roelle was sincere -in wanting to acquire this piece,of property. He said he would have his financing by the 30th of this month. I think we should hold this over - because if we can keep this property under one ownership I think it would be a much better development for the City. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Variance No. 368 and Precise Plan of Design Noo'299 be held over until the meeting of September 11, 1962. WEED ABATEMENT ASSESSMENT - 1962 Report of City Engineer. Confir- Hearing of Protests mation of 1962 assessment for Weed APPROVED Abatement pursuant to City Council Resolution No, 2312. Mayor Barnes: Is there -anyone in the audience who would like to be heard on this matter? (There was no response). Mr. City Clerk, do you have the af- fidavits of publication, posting and mailing? Mr. Flotten: I have the affidavits, Mr, Mayor Motion by Councilman Towner, seconded by Councilman Jett, and carried, that said affidavits be received and filed. Mayor Barnes: Mr, Flotten: Mr, City Clerk, are there any written protests? I have none, Mr, Mayor, Motion by Councilman Towner, seconded by Councilman Heath, and carried, that the hearing be closed. • Councilman Snyder: I have had a lot of calls on a piece of property that has a lot of rubbish on it and the owner wants to know why the City just doesn't clean it off and send him the bill. Is it neces- sary to hold a hearing to proceed on something to clear the rubbish off a man's lot and put an assessment against it? -15- • • s Co Ca 7-23-62 WEED ABATEMENT - Continued Page Sixteen Mr, Aiassa: To put it on the assessment roll we would have posted the property and legally advertised and held a public hearing. Mr, Williams: The only way I know -you could remove this material and put -the charge on the assessment roll would be to-do, it under the Weed Abatement procedure and you can remove dirt, debris, rubbish, anything like that. You can do it at the same time you abate the weeds. You don't have to have a separate hearing on his particular piece of property. It has to be posted and it has to go through hearings. Motion by Councilman Towner, seconded by to approve and confirm the weed abatement to the Council by the City staff. GENERAL MATTERS ORAL COMMUNICATIONS WEST COVINA JAYCEES REQUEST TO OUTLINE PROJECTS AND PLANS FOR THE ENSUING YEAR Mr. Glen Huffman, President West Covina Jaycees 1604 Shadydale Avenue West Covina Councilman Heath, and carried, assessment roll as presented We are trying to reactivate our or- ganization and once again strive towards the development of young men in the community. To do this, we need members; we need projects; and we need funds to operate on. We collect a certain amount of dues from our members but it doesn't cover all of our operating costs. I sent a letter to the attention of Mr. Flotten, for the Council, and mentioned a few of the things I wanted to talk to you about. I want to get your approval on our number one project for the coming year and that is a fund raising project. We are going to go out in the community and solicit the businessmen for a coupon book. It will be used to advertise the various businesses in the community and sold to the public. The Jaycees would realize advertisement, funds to op- erate their treasury, and 50% of these funds is for the development and work in one of the parks here. (Explained book.) In the past, we have had adverse publicity in that things weren't done with the proper authority and we are trying to cooperate with you and will not do anything that is adverse or unacceptable. Due to the smallness of our organ- ization, we will have to have out- side help,.on it which we would contract to handle some of the adver- tising for use Outside that it will be completely sponsored by -the Jaycees and we will back it 100%. We will guarantee that if someone buys the book and they do not like what is in there we will refund their money in full after thirty days of presentation of the book to them. It would be good for the community as well as for use We wanted to have a park donated and I found out ,this was impossible for one organization to get a park to develop but Mr. Gingrich said he would cooperate with us 100% in assigning projects for the Jaycees to work on. -16- • • C - C o 7-23-62 WEST COVINA JAYCEES PROJECT - Continued Page Seventeen Mayor Barnes: I think this sort of thing -was done about five or six -years ago by ' the` - Jaycees in West Cov iris. - -I bought -A book then and I think it is a good way for an organization to,raise money And I think you get value for your money. In my own opinion,'I-think it is an excellent idea. Can we grant them the right, if the. Council so desires, and waive this peddler's fee? Mr, Aiassa: You have an agreement with the'Chamber of Commerce that any type of soliciting of the merchants would be cleared with the Chamber of Commerce. Mr. Glenn Huffman: I have not talked to Mr. Tambeo I' have tried to contact him but so far we have not been able to get together, Councilman Heath: It seems that the Jaycees are crossing purposes with the Chamber of Commerce in some respects and I think since they are outlining their program and formulating their plans for the coming year, I think it would be very fitting for them to sit down with the Chamber of Commerce representatives and a representative from the City and discuss what their plans are and I am sure that the Chamber would be willing to help them with their plans, and.the City would, also. Mr. Glenn Huffman:.. We have a standing membership on the Chamber Board and I will be that mem- ber that will -attend all future mee- tings of the Chamber. Councilman Snyder: Couldn't we approve this subject,to the approval of the Chamber of Com- merce Solicitation Committee? Mr. Glen Huffman We would like to start on it right away because membership is the main thing we are striving for. I am asking permission to solicit the merchants in the City and undertake this project of selling this welcome booklet, Councilman Heath: I wonder would a two -week delay be too much for you.at this time to take this time to talk to the Cham- ber to get permission to solicit from the merchants and to outline your plan so that we can all work in the same direction. Mr, Glenn Huffman: We are not associated with the Cham- ber. We strive for training young men in leadership in junior chamber. We will work with any of the other agencies or .organizations in the com- munity. We just want to be handed things to do. Mayor Barnes: If this were passed tonight subject to their approval, I don't think there would be any conflict. Councilman Jett: I think we should have the Chamber of Commerce approve this first. Councilman Snyder: I disagree. They want to get their project started. I think the Cham- ber can still, make a decision, -17- • • C o C a 7-23-62 WEST COVINA JAYCEES PROJECT - Continued Councilman Towner: Page Eighteen Advise the Chamber°"of Commerce that - we have no objections to it And pro- vided that they don't that they okay it. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the request of the West Covina Jaycees to solicit for their so- called book would not be objected to by the City Council and r°efek this matter to the Chamber of Commerce for their action and further that the solicitation fee be waived if it is approved. Mrs. Van Dame: Mr. Glenn Huffman: WEED ABATEMENT Mr, John Hiatt 322 Campana Flores Dirve West Covina Is,this to heap young people get work eventually? No. You just passed this weed abatement and you haves taken care of the lots-, but why doesn't the City take care of the street part of it? Isn't the City supposed to take care of the weeds in the street? Mayor Barnes: That isn't in any weed abatement. Mr. Dosh left the chambers at 10:15 P.M. Mr. John Hiatt: Mayor Barnes: PLANNING COMMISSION REVIEW PLANNING COMMISSION ACTION OF JULY 11 AND JULY 18, 1962 Down on Virginia Street off of Bar- ranca east, there is moss there. Mr. Aiassa will check that and re- port to us on the 6tho Councilman Heath: I can't make a decision on whether or not I want any of these called up now until I have more. information. I would like to hold the reading of this Planning Commission Action off until after we can review what the Planning Commission did. Mayor Barnes: Would you send all the Councilmen a copy of that review? Mr, Aiassa: Yes. Mayor Barnes: I think most of the maps have been sent to the Council. Mr, Joseph: There are two ways of doing it. We have been sending out the bulletin to you and then holding up the maps until we are able to get the resolutions out because we think you would want to look at the map as you read the conditions. We could send you the maps with the bulletin, sum 1-1 Co Co 7-23-62 Page Nineteen COMMISSION ACTION - Continued Mayor Barnes: I think there is one thing defin- itel.y sure, that we'don°t.want-this ahead of our maps and resolutions. Can we arrange it so that the'maps and the resolution'come either at the same time or before? Mr. Joseph: The maps, yes, but not the resolutions indicating the conditions. Mr. Aiassa: How much time does the Council have to call this up? Mr. Williams: Twenty days, I think it is. It may vary according to what it is. Mr. Aiassa: Maybe we ought to hold this bulle- tin until all the data is available and then send it to you as long as we don't violate the 20 days. Mr. Joseph: There are times when you don't have adjourned meetings and your 20 days a.: e not there. Mr. Aiassa: We will try to work it out to the sat- isfaction of 'the Council. City Clerk Mr. Flotten, reviewed the Planning Commission action of July 11 and July 18, 1962. REPORT ON ANNEXATION NO. 173 City Clerk, Mr. Flotten read the Faction of the Planning Commission, a memorandum dated July 20, 1962 to the City Council from the Planning Commission regarding Annexation No. 173. Mr. Jo M. Roberts: I am at the corner of Cortez and Oregon, within the boundaries of this particular area you have in mind. I don't know too many questions I want to ask at the present time. I am very much opposed to this 40,000 square feet. We are here more to observe.* I guess we just have to wait and watch and listen and try to keep advised. Mr. Robert W. Elliot I am of the same opinion and mind 2639 Oregon Avenue, Covina as Mr. Roberts. I came just as a witness here tonight just to see what was going on. I have a pro- test also against the 40,000 square foot development. I will wait and see what the gentlemen cat the Board decide. Mayor Barnes: Mr. Williams, what procedure do we take at this point? Mr. Williams: The thing we are complying with is this provision in the annexation of inhabited territory. (Read Sections 35106 and 35108). You have received the report from the Commission, The step now is this: The proponents in the highlands cannot begin this procedure unless you grant consent to commencement of the proceedings. -19- Co Co 7-23-62 Page Twenty ANNEXATION NO, 173 - Continued Mr. Williams - Continued This can be done by a motion and as soon as that motion s'Adopted,_... if it is adopted, they then are at liberty to start'thdse"proceedings There is nothing further holding them up from beginning the legal proceedings. Councilman Heath- Is there any time limit they have to act in after this motion? Mr. Williams- I don't think there is a time limit within which they must act. They simply can't act unless this is given. Mr. Joseph- It would come in as the County zoning if it were annexed and as soon as practical the hearings would be initiated to change the zone. Councilman Snyder- The Planning Commission did not readily or quickly arrive at a decision that this should be annexed. I call your attention to Item E under Mr. Lathrop°s report of July 11, regarding the fact that street improvements in this area are all prac- tically substandard. I would like to have further study if we are going to consider annexing this area whether or not these streets should not be brought up to standard before they are brought into the City. I • am not convinced that it is beneficial to the City of West Covina to annex this area. I am not convinced otherwise, either. Councilman Heath- It states that; these streets are :substandard, but is it substandard because of the width or construction? If I understand it, it is the width and no curbs and gutters and not construction. If the rural atmosphere is to be kept, I don't think we want curbs and gutters. Mr. Aiassa- The streets are too narrow and the pavement construction does not meet; West Covina standards. Councilman Heath- Let's hold it over for study. Councilman Towner. It is clear from the report from the Planning Commission that it is not economically feasible to annex this area, at least as far as the West Covina tax payer is concerned, under present conditions and it would cost us money. I don't see any reason why we should do this unless the people within the area are willing to make up the difference. If new development and improvement in the area occurs at some time after this date and increases the as- sessed valuation substantially and sufficiently,, it may take care of . this, but at the present time there is no indication that this will hap- pen. I think under the circumstances, it's just money out of our pocket. There is nothing else coming in with it. Councilman Heath- After this report came from the Planning Department, I talked with the Public Works Director and the Planning Director, and I have told these people this and therefore I think I can still repeat it that the information given to the Planning Department, who compiled the study, was not given adequate information Co Co 7-23-62 ANNEXATION NO, 1,73 - Continued Councilman Heath - continued. Page Twenty -tine in which to make the regorto The statement was made that there -was • going to be 19X41 number of dollars for a storm sewer and lead you to believe this was going to be next year. In talking with the Public Works Department, this expense of this storm drain is, I believes 20 to 30 years away. The same thing is true on a number of otheritems that Mr. Dosh :Mated concerning money where he didn't consider -all; - the facets. it have told Mr. Rosh that I feel, that his report to the Planning Commission was quite inadequate and inaccurate and the Plan- ning Department, I believe, realizes this and has written a suppla- mental letter pointing out the consideration of time 20 to 30 years away I would like to see the report rewritten in an honest -to -good- ness statement considering all facets and also putting the time ele- ment in. u Mr. Aiassa. I think Mr. Dosh has done this on the July 11 report Councilman Towner-, Ensofar as the annual per capita expenditures and the income is concerned as of the present time just using out tax revenue and our tax outing that it is not economical. Considering that phase of it Alone, further there is the point that there are these major capital improvements that will have to come at some time in the future at which, time it will have -to be determined at what extent the City wi1,1 participate. I think it is undoubtedly true 'that the City will be required to participate to some extent; in the future. I think further that if this highlands annexation is going to be handled and se t.t rsd one way or, the other the -re is no reason to hold it up. I think we ought to keep it going and if Mr. Heath wants to submit a separate repoL�,t, let him do that. I think .for that reason we ought to go ahead and give these people their permission to move and find out; which way it is, going to goo Councilman Snyder. As far as the homes in the Highlands and the area in general, it is a good area, as far as the people go; we would like to have them in the City. But, I think we have to stop .rushing into annexations without careful and detailed study to see what benefit or liability they bring to the City as a whole. I think our duty is to the City of West Covina as a whole: and I am not con- vinced that this is not an economic liability.. Councilman Heath., that I had talked with the Public crepenc:ies in his report which he should get the acknowledged facts port. Councilman Snyder. people should be eager to join the by some cities as annexation feeso sometimes necessary. I do not propose to be an expert on writing reports and I do not intend to write reports. I stated Works Director and pointed out d'is- acknowledgeda I think the Council and not that I want to write A re - West Covina, I feel, is such a City that we shouldn't go out begging for annexations. I think City and there is such things used This is perfectly logical and i -21- 0 is Co Ca 7-23-62 ANNEXATION NO. 173 - Continued Page Twenty -Two Mayor Barnes- I think this is true° I feel -that the people of that area 'l av6 come to us and requested annexations to the City of West Covina and I think it is up to us to decide whether we think this is a good annexation or it isn't and after we.have de- cided this we gyve those people permission to petition the area for annexation to the City. I don't think that this area would ever want to develop curbs and gutters as we have required in other parts of the City. I think they would like to have it stay as it is at present. if they did develop or wanted to develop then I believe they should be told they would develop under the 1911 Act and should develop their own frontage. I think this can be done. I don't feel that the high- lands would require the police protection cost that was indicated with the amount of people in the highlands. The fire protection cost, I feel, is correct, I feel we should have a study session in regards to this annexation before we go any further. Councilman Heath - Councilman Towner- Mr. Williams. Mr. William Do Moore, Attorney - Let's throw it to the people and let Them make up their own minds. We can always knock it out after the public hearing if we feel it is not right. I think the Clay can at any time subsequent to this drop the pro- ceedings if we find out it .is un- economical or unwise to do its I think that is wrongs I think this differs from the uninhabited in that you cannot stop its If they vote to come in they proceed to come in and you cannot stop its If the City Council gives consent, that is the last discretionary move you have. It is out of your hands completely once you give consents Councilman Towner- I am surprised that the City has been put in a position of going this far with annexation proceedings without having known what it was getting into. I think we rushed into it without having a valid economic study. I think under the circum- stances that we have to hold this and have some further economic anal- ysis. Mr. Aiassa- Councilman Snyder - If you want a detailed report, it is going to cost money and staff time and material. I think in an annexation of this size and importance we need this detailed report. I would like a further report on the street cost maintenance on this area. Councilman Jett- On some of these homes in the High- lands area, they are on private driveways and not on dedicated streets, What would be our problem there in reference to maintenance on these drives? -22- Co Co 7-23-62 ANNEXATION NO. 173 - Continued Mr. Aiassa-, . on there, you are going to be mits on private streets. Councilman Heath-, Page Twenty -Three You would only accept the streets... that are dedicated as public streets. If there is more than one property confronted with additonal building per - This should be brought out in the report. Councilman Jett-, In the future somebody is going to want to come along and there will be requests for lot splits or smal- ler lots or something of that nature. If this takes place on these privately owned drives then we are right back in the same condition we are down on Willow Lane. Mayor Barnes-, If there were lot split requests we could request that they develop the street under a 1911 Act. We have done this in many cases in areas of.the City. It could 'be brought up to City standards but it will be voted on by the property owners. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that a study session on Annexation No. 173 be held on September 17, 1962. Voice-, 0 Mayor Barnes-, CITY CLERK'S REPORTS (Continued) RESOLUTION NO. 2416 ADOPTED Mayor. Barnes-, What would be your procedure after that study session? We will go ahead with the annexation or drop it, It will be indicated by the Council at a public hearing. The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEP- TING FOR STREET AND HIGHWAY PUR- POSES CERTAIN REAL PROPERTY HERE- TOFORE GRANTED AND CONVEYED TO SAID CITY" (Trona Avenue) 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. 2416. -23- C . C . 7-23-62 RESOLUTION NO. 2417 ADOPTED 0 • Mayor Barnes: Page Twenty -Three (A) The City Clerk presented: "gA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING AND DEDICATING CERTAIN REAL PROPERTY TO THE CITY OF WEST COVINA FOR STREET AND HIGHWAY PURPOSES" (Trona Avenue) 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. 2417. 11 • -23A- 0 • Co Co 7-23-62 CITY CLERK'S REPORTS - Continued RESOLUTION NO, 2418 ADOPTED Mayor Barnes: Page Twenty -Four The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHO- RIZING THE EXECUTING OF A QUITCLAIM DEED" 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. 2418. RESOLUTION NO. 2419 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEP- TING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" (Charles J. Hurst, etoale) Mayor Barnes: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilma 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. 2419. RELEASE $1,OOO.00 STREET EXECAVATION BOND PRINCIPAL: California Pools, Inc. Authorize release of Maryland Cas- ualty Company bond in the amount of $1,OOO.00. All obligations guaranteed.by this bond have been sat- isfactorily fulfilled. Motion by Councilman Towner, seconded by Councilman Heath, to release the Maryland Casualty Company bond in the amount of $1,000.00. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absent: None RELEASE $1,000.00 STREET EXECAVATION BOND Towner, Heath, Snyder, Mayor Barnes PRINCIPAL: A. Co Wilson Authorize release of Aetna Casualty and Surety Company bond in the amount of $1,OOO.00. All obligations guar- anteed by this bond have been satisfactorily fulfilled, -24- Co Co 7-23-62 Page Twenty -Five EXECAVATION BOND - A.C.WILSON - Continued Motion by Councilman Heath, seconded by CouncilmAh"Jett, to release Aetna Casualty and Surety Company bond in the amount of $1,OOO.00. Motion passed on roll call as follows. - Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes. None Absent. None ANNEXATION NO. 173 Mr, Williams. I find that in 1961 there apparently was an amendment to Section 35122 that states that the City Council may after the hearing of protests, as an alternate, terminate the pro- ceedings without the necessity of calling an election. There is another alternate after the election. After the election, the Council may Ap- prove the annexation by ordinance and if it does not approve it by or- dinance, it must submit to the vote of the people within the City. Mayor Barnes. Thank you. I think that is a good piece of information, that we do have the right to call a halt to an annexation after a certain period of time, then submit it for the vote of the people, TREASURER'S REPORT • Motion by Councilman Heath, seconded by Councilman Towner, and carried, to accept the Treasurer's report for June, 1962. UPPER SAN GABRIEL VALLEY WATER ASSOCIATION INVITATION Mr. Aiassa. I have an invitation to the Upper San Gabriel Valley Water Association on August 8, at 6.30 at Eaton's Restaurant in Arcadia, Mr, Faucetto Councilman Heath. I am going. Councilman Towner. On the subject of water, I talked to Mr. Taylor again of San Bernar- dino and he is of the opinion that they will be able to work out a settlement on the litigation if they are willing to accept some of this reclaim sewer water in lieu of other types of water. They are admitting that there is an overdraw above that area. It is possible that litigation is nearing a status where it would be settled. The other thing he pointed out was, in his opinion, it is more economic to us to join with these districts and bring the pipe line over this • way. He said he realized that there are problems with the Metropolitan Water District that should be solved before we get into this. Councilman Heath. This is in line with what Mayor Barnes and I feel. Mr. Aiassa, when are we going to get this report from Mr.o Montgomery? —25— 0 0 Co Co 7-23-62 Page Twenty -Six So G.V.W. ASSOa. INVITATION - Continued Mr. Aiassa: I have a call in for Mr,'Montgomdry on Wednesday, He is going to try and schedule a meeting. NEW SIGNATURE CARD FOR FINANCE OFFICER Mr. Aiassa: We need a newsignature card for" our new Finance Officer, Mr; James Kay, but Mr. Flotten will handle that. Councilman Heath. Can we discount our bills? Mr. Aiassa. Yes. On some of them we get 20%; that is why we have a Purchasing Agent. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, to authorize James Kay, Jr. to sign as Finance Director on all bank accounts except the City Treasurer's Trust Fund. REQUEST TO BUY A PIECE OF SURPLUS CITY PROPERTY Mr. Aiassa. I have a request to sell a piece of surplus City property on Yaleton and I would bike to have authorization from the Council. The proposed buyer is Mr. Ammer and I am supposed to set a minimum price. Mr. Williams has advised us that we can get some optional bids from adjoining property owners without going through a public hearing or public sale, Councilman Towner. I think any City property should be sold at a public sale. Motion by Councilman Jett, seconded by Councilman Tower, and carried, to authorize the City Manager to bring this matter up on the meeting of August 6th for the possibility of giving notice for,public sale on that one parcel. CITY ATTORNEY ORDINANCE NO. 749 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES: (Zone Change No. 197, Sunset Manor) Motion by Councilman Jett, seconded by Councilman Heath, and carried, to waive further reading of the body of said ordinance. Motion by Councilman Jett, seconded by Councilman Heath, that said or- dinance be adopted. Motion passed on roll call as follows: AYES: Councilmen Jett, Heath, Mayor Barnes Noes: Councilmen Towner, Snyder Absent: None Said ordinance was given No. 749. -26- Co Co 7-23-62 RESOLUTION NO. 2420 ADOPTED 0 Mayor Barnes: Page Twenty -Seven The City Attorney presented: ".A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO. 110,RE- VISION 31" (LABERGE) Hearing no objections, we will waive further reading of the body of said resolution; Motion by Councilman Heath, seconded by Councilman Jett, 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. 2420. RESOLUTION NO, 2421 ADOPTED Mayor Barnes: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPRO- VING PRECISE PLAN OF DESIGN NO. 26, REVISION 2" (Shulman) Hearing no objections, we will waive futher reading of the body of the resolution Motion by Councilman Towner, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows: Ayes-, Councilmen Jett, Towner, Heath, Snyder Noes: None Absent-, None Abstained: Mayor Barnes Said resolution was given No. 24210 RESOLUTION NO. 2422 ADOPTED Mayor Barnes: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA INITIA= TING A CHANGE OF ZONE TO P-B ZONE" (Proposed Fire Station - Library site) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilmen Jett, 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. 2422. -27- r� U 0 C < C.. 7-23-62 ORDINANCE INTRODUCTION Page Twenty -Eight The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEN- DING THE WEST COVINA MUNICIPAL CODE RELATING TO LAUNDRY AND DRY CLEANING USES IN THE C-1 ZONE" 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 Heath, and carried, that said ordinance be introduced. ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 6233 OF THE WEST COVINA MUN- ICIPAL CODE RELATING TO PEDDLERS, SOLICITIORS AND JUNK DEALERS" Motion by Councilman Towner, seconded by Councilman Heath, and carried, that further reading of the body of said ordinance be waived. Councilman Jett: Does this affect real estate men, insurance men going door to door? Mr. Williams: Their activity is covered by a dif- ferent type of business license. Councilman Jett: I thank this is too restrictive. Personally, I am against it. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that said ordinance be introduced. iaCouncilman Jett voted "No.) CITY CLERK SCOA Mr, Flotten: I have a letter here from Scoa direc- ted to the City Council requesting permission to hold a temporary shop- ping center in the parking lot for a period of nine weeks. They are requesting this of you because by going through the Planning Commission it will take six weeks for the approval. They are also making an appli- cation to the Planning Commission for a permanent amusement park for the City's approval, This is definitely prohibited by our codes they want it for nine weeks and we can't do that without going through the Planning Commission. Mr. Aiassa: NATIONAL MULTIPLE SCLEROSIS SOCIETY Submit that to me and let me meet with Mr. Cairns and see what the problem is. We will bring it up on the 6tho Mr. Flotten: We have a request for a temporary iise- permit from the" West Covina Car, -Club Association and Sere -Keith Anderson, West Covina Police Department to raise funds for the National Multiple Sclerosis Society; the type of activity reads as follows: -28- Ca Co 7-23-62 Page Twenty -Nine NATIONAL MULTIPLE SCLEROSIS SOCIETY - Continued Mr. Flotten- (Continued) "Caravan (parade) car club members driving automobiles displaying -Mul- tiple Sclerosis banners through West Covina shopping centers. Car Club members and approved youth groups will also place Multiple Sclero- sis information (pamphlets beneath windshield wipers of cars parked'i,n said shopping center areas.) This activity will precede the-1962 Mul- tiple Hope Chest Residential March which will be conducted, and those young adults and adult volunteers will call ori.West Covina residents August 23 through August 26 soliciting funds." Mayor Barnes- I don't mind the application for solicitation, but driving cars in parking lots and cars all over the place advertising, I think we do enough to encourage them for solici- tation without going into these additional items. Councilman Towner- I think as far as the door-to-door solicitation is concerned, we can grant the usual permission on that subject to the staff°s review, I think if they had a single car going through the area with a banner on it, we couldn't do anything about it, but they must have in mind some kind of a parade. I am against a parade. Mr. Aiassa- This pamphlet thing might be a vio- lation of the City ordinance. Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the application of the West Covina Car Club be granted as to the door-to-door solicitation on the Multiple Sclerosis campaign on the 23rd through the 26th of August and that the fee be waived subject to staff approval and that the request to parade more than one car with banners through the City be denied and further that the request to distribute pamphlets in parking lots within the City also be denied. MAYOR'S REPORTS JOINT MEETING- WITH STAFF Mayor Barnes - Councilman Heath: APPOINTMENTS Mayor Barnes: There will be a joint Annexation Committee meeting with the staff on July 25 at 5-00 PoM. I can make that. I will now make the appointments. Planning Commission,Councilman Heath, and the alternate is Councilman Snyder. • PARKS AND RECREATION, Councilman Jett, and the alternate is Councilman Towner, Personnel Board, Councilman Towner, and the alternate is Councilman Jett. WEST COVINA BEAUTIFUL Mayor Barnes- We have an invitation to the City Council for West Covina Beautiful on the 29th from 2 to 5. I think you have all been notified of this. -29- Co Ca 7-23-62 Page Thirty SANTA FE DAM PARK AND RECREATION AREA Mayor Barnes: I received a letter from -Mr; -Kehler, Chamber of Commerce of'Duarte in regards to the Santa Fe' -Dam as a • park -And recreation area. They would like to have a resolution or'an indication from the City Council of West Covina of'how we feel in re- gards to developing this area for a Recreation area. Councilman Towner: I would think that the City of West Covina should very definitely -'be -- interested in obtaining.County sup- port for recreational facilities in this area. I think we ought to support any reasonable program that will provide a more spread of these funds. Councilman Heath: I think we ought to support this definitely. Councilman Snyder: I do, too. Councilman Jett: It's all right with meo Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the Mayor be authorized to write a letter to the Board of Supervi= sons stating that we,whole-heartedly support Duarte Chamber of Commerce in requesting that the recreation facilities at Santa Fe Dam be devel- oped at their earliest possible convenience. • COMMITTEE OF MAYORS Mayor Barnes: I have an invitation to the Committee of Mayors in Los Angeles County to attend a meeting at the Coconut Grove and I can't make this meeting. It is on Thursday, August 2, from 11:30 to 12:30 P.M. They wanted the Mayor or the City Manager. Mrs Aiassa: I'll go. BOARD OF EQUALIZATION Mayor Barnes: I have a letter-fr-om the Board of Equalization objection to Proposi- tion 4 on the November Ballot in regard to the farm lands of the area. 'They have asked us to pass a resolutions I will give this'to.Mr. Aiassa and ask him to send copies to all the,Council and we can vote on this at our meeting.of August 6, 1962. SAN GABRIEL S iPHO14Y ASSOCIATION Mayor Barnes: We didn't put it in the budget this year; we had it in last year. $250.00 to the San Garriel Valley Symphony Association. I received a letter from Mrs. Wagenbach asking us'to support them again this year. I would like to have the feeling of the Council in regards to this. Councilman Heath: I would like to see us contribute the same amount we did last time. Councilman Towner: I agree, -30- • • Co C. 7-23-62 MAYOR'S REPORTS - Continued San Gabriel Symphony Association - Continued Councilman Heath: Mr. Williams: Mayor Barnes: Page Thirty -One And stipulate we would request -.that they hold one coricei°t in the City. of West Covina, if possible. If you have a contract for a concert here, they have to contract -to do - something before you give them any money. I think this should be in the motion as near to our City as possible. Let's appropriate the same amount of money this year as we did last year on the same basis. Motion by Councilman Heath, seconded by Councilman Jett, -that the Coun- cil contribute to the San Gabriel Valley Symphony Association the same amount and under the same conditions as last year. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absent: None PHYSICAL FITNESS MONTH Mayor Barnes: Towner, Heath, Snyder, Mayor Barnes August as Physical Fitness Month. Council,, I will so proclaim, So proclaimed, AZUSA°S DIAMOND JUBILEE It has been requested by Simon Ho Schneider that West Covina go along with President Kennedy and proclaim If there are no objections from the Mayor Barnes: I received a letter from Mr, Tambe, Chamber of Commerce, acknowledging receipt of my request to consider the invitation by the City of Azusa to participate in their Diamond Jubilee Parade. They appreciated our thinking of the Chamber to co- operate. A discussion will be scheduled for the forth coming Board of Directors Meeting on July 24. We will be advised of the findings immediately following this meeting. SUNSET MANOR GRAND OPENING Mayor Barnes: JOINT MEETING Mayor Barnes: 24th, on Annexation 158 and that Commission, Annexation 174. We have an invitation to attend the Sunset Manor Grand Opening on July 29 from 1:00 P.M. to 6:00 P.M. We have a joint meeting between the Planning Commission and the City Council tomorrow night, the new subdivision that is before the -31- Ca Co 7-23-62 MAYOR'S REPORTS - Continued JOINT MEETING - Continued Councilman Heath. Mayor Barnes. Page Thirty -Two I cannot be here tomorrow night. I suggested to Mr. Renwick today that we hold it on Wednesday p but-' Mr. Jett cannot be here on Wednesday. Councilman Jett. I feel Councilman Heath is more qual- ified. He is on the Annexation Com- mittee. I feel strongly that this is something that the City should really go ahead with, Councilman Heath. What about next Monday night, the 30th? Councilman Towner. That is'fineo Councilman Snyder. This is all right with me. Mayor Barnes. We will poll the Planning Commission to see if they can make it on the 30tho COUNCIL.COMMITTEE REPORTS . DEDICATION OF RETARDED SCHOOL Councilman Towner. I have received a telephone request for a City dignitary to attend a dedication on a retarded school. It is out of the City but is sponsored by the West Covina Civitan Club. It will be Wednesday, August 1., at 10.00 a.m. Councilman Heath. Mr. Flotten can make that. Councilman Towner. Call George McCormick in Covina and tell him that you will be there. RIDING PROPERTY Councilman Jett. What progress is being made on Mr. Riding? What is our status on that? Mr. Aiassa. We met with him last week and he is considering our proposal now and we are going to contact him this coming Monday. SKELTON PROPERTY • Councilman Jett. Has John Skelton been contacted on Merced? Mr. Aiassa. We are waiting for the report from the Planning Commission on the cul- de-sac. They are going to do it the lst of August, -32- n U i Co Co 7-23-62 COUNCIL COMMITTE REPORTS - Continued BARBER SHOP ORDINANCE Councilman Jett - that is illegal. What do we Mr. Aiassa- Mro Williams - BARKER BROTHERS OVERLAY Councilman Jett: Mr. Aiassao CHARTER CHANGE Page Thirty -Three I: have a letter here from Harry Williams in reference to the barber shop ordinance. This is something do about it? Nothing, but you might ask the City Attorney, it will have to be deter- mined by a court decision. This is the Attorney General's opinion. I am simply advising you of it because it creates some mild possibility that the opinion may be right, I have a letter from Neptune and Thomas. They have recommended ap- proval of the architectural over- lay for Barker Brothers. This will be coming up on the 6tho Councilman Jett- Are we going to do anything about this request about the Charter Change? They are asking that we give consid- eration to this seven -man raising the Supervisors to a seven -man board. This is a Charter revision. Can we do anything about that? Councilman Heath: Councilman Jett! I am not in favor of that° I am not in favor of it, myself. Councilman Towner- It has two aspects. It increases the cost of County Government. It may we worth it to pay more to ob- tain a little bit more grass root representation at the County level, particularly in the First District where Supervisor Bonelli, is trying to represent the largest population district. Councilman Snyder- The cities have cut down the County territory by a great deal.and it has cut down the County Budget and they have five supervisors taking care of a budget of how many million? Councilman Heath: Councilman Snyder - I think there is more property being incorporated every day and it should out down on the responsibility of the supervisors. I think we have five men who have a great more financial power than any one man deserves, -33- 0 Ca Co 7-23-62 CHARTER CHANGE - Continued Mayor Barnes; Mr. William Moore, Attorney - Page Thirty -Four This not only creates County costs, but it also creates staff for more supervisors, which is quite an ex- pense. It will be $210,OOO.00 a year per man. Councilman Towner- This expense has to be weighed against the other aspect of whether or not you are getting adequate representation and I think Supervisor Bonelli is faced with the court situation that he was unwilling to shoulder and he cannot as a supervisor adequately repre- sent his district. Councilman Heath- I think as far as representation -is concerned, Bonelli covers this land pretty thoroughly. If this recom- mendation does not go in unanimously, I don't think it should go in at all, Mayor Barnes- I think we should give this a little more thought and review it on the 6tho DEMANDS Motion by Councilman Snyder, seconded by Councilman Heath, to approve demands totalling $233,877.07 a-s listed on demand sheets C-253, 254 and • B-107o This total.'includes fund transfers in the amount of $71,994007 and bank transfers in the amount of $10,909.77, also funds including' time deposit of $100,000.00. Motion passed on roll call as follows.* Ayes.- Councilman Jett, Towner, Heath, Snyder, Mayor Barnes Noes- None Absent- None There being no further business„ Motion by Councilman Heath, seconded by Councilman Jett, and carried, that this meeting be adjourned at 12-20 a.m. to August 6th, 1962 at 7-30 P.M. ATTEST. City Clerk APPROVED V Mayor -34-