03-26-1956 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
March 26, 1956
The meeting was called to order by Mayor Hurst at 8:00 p.me in the West Covina
City Hall with the.Rev. Kent giving the invocation.
Presents Mayor Hurst, Councilmen Kay, Van Horn, Sperline, Brown
Absent: None
Others Presento. City Manager; City Clerk and Ass't. Administrative Officer;
City Treasurer; City Engineer; City Attorney,; Mr. V. Walters, Chief
Finance Officer; Mr. M. C. Gerschler,'Planning Department; Mr. W.
• Nollac;: Sanitation Engineer.
MINUTES APPROVED Minutes of March 12, 1956, were corrected to read on Page 10,
item 1, that motion was made to approve Tentative Map of Tract
No. 22781, not motion.made to approve Tentative Map of Tract Noe a014 as shown.
Minutes were approved as corrected.
Minutes of adjourned regular meeting of March 19, 195.6, were approved as submitted.
ORAL COMMUNICATIONS City.Manager stated that the Acting -Director of Public Works,
Mr. Haroid L. Johnson, wishes to present, to the City Council a
preliminary report on storm drains so that work can be expedited toward a Master Plan
of Storm Drains. The City Council is being asked.for an acknowledgement of this matter
at an early date so that'the report can move forward to other and higher levels of
government.
Mr. Johnson stated that..this report was quite a detailed report, including maps and
suggested recommendations, and that.it was hoped that the Council would be able to
study it.and perhaps present their wishes in regard to. this.'matter at their next meet-
ing. Mr. Johnson read his communication to -the City Council, dated March 26, 1956,
which stated in part as follows:
The purpose of the Plan and Report is to provide a guide for the City of
West Covina to relieve its local drainage problems. The Master Plan is the
second step in our investigation of solution of all Master Plans, this plan
'is flexible and will be changed from time to time to reflect changing con-
ditions and.to coordinate the same with the plans of the adjacent communities
and the County of Los Angeles. The procedure in developing this plan has
been and will continue to, be similar to that which is followed in revising,
developing, and constructing the Overall Sewer System for our.city.
Copies of this plan and investigation have been submitted to. the Counny En
gineer, Chief Engineer of.'the Los Angeles County Flood Control District,
and the City Engineers of adjacent communities for their.recommendations in
order to develop a Master Storm Drain Plan for the entire,East San Gabriel
Valley and also for the purpose of studying and developing a satisfactory
method.of financing the construction of these collector drains. Further,
if the County of Los Angeles should propose a second County -wide storm drain
bond issue, we will then be ready to include our plans and estimates in said
bond issue.
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CC 3/26/56
Prelim. Report on Storm Drains--contd.
Phase No. 3 of our investigation should logically include an investigation
of the methods to finance design and construct the Master Storm Drain Sys-
tem and present recommendations therefor. Also, we will be able to develop
a lateral system of drains to connect to the collector drains. I respect-
fully request your Honorable Council to authorize said investigation as well
as tentatively approve this Report and the Master Plan of Collector Storm
Drains',
Motion by Councilman Van Horn, seconded by Councilman Sperline, and carried, that
this matter be studied for further consideration.
• Mayor Hurst: I believe we should attempt, if possible, to take some action on
this matter next Monday.
ITEM NOT ON AGENDA Mrs. M. Van` -Dame stated that she would like to present an
extra item on the Agenda at some time before adjournment of
this meeting. `
WRITTEN COMMUNICATIONS City Clerk presented and read a communication dated March 21,
1956, directed to Mr. Johnson from the Governor's Office of the
State of California, per Theodore H. Jenner, Departmental Secretary, which expressed
thanks for the.courtesy.of sending a copy of the report entitled "A Plea for Saving
the Lives ' and Property of the People of the East San Gabriel Valley and of the City
of West Covina" together with copy of letter of March 10, 1956, addressed to the
League of California Cities, with reference to flood damage caused by the storm of
January 26, 1956. The letter further stated that in accordance with the Governor's
instructions the report and letter had been transmitted to Mr. Frank B. Durkee, State
Director of Public Works, so that he.and the officials under his jurisdiction could
be aware of the valuable information.contained.in the documents.
.APPEAL TO CITY COUNCIL City Clerk presented and read a communication from applicants
Precise :Plan No. 77. Waldrip and Mautz for appeal of decision of denial by the Plan -
and ping Commission at their meeting of March 21, 1956, on Precise
Zone Change No. 70 Plan No. 77 and Zone Change No. 70. It was the consensus that
Waldrip and Kautz' this appeal be set for _public hearing on April 23, 1956.
OPENING OF BIDS The following sealed bids were opened and presented to the
PROJECT NO. 35 Council by the G ty Clerk for the Lark Ellen Storm Drainy
LARK 2LLEN STORM DRAIN Project No. 35. City Attorney read bids as.followsr
Chris S. Adzovich - Covina Charles L. Burch & Sons - El Monte
Items Items
1. $27.00 5. $14.40 1. $28.00 5. $ 14.00
2. 3.6o 6.59040.00 2. 102.00 6. 800.00
36 480.00 7. .2� 3. 450.00 7. .30
4. 780.00 8e .07 4. 900.00 8. .09
TOTAL - $67,765.14- TOTAL - $662412.66
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CC ..3/26/56
Bids on Project No. 35--contd.
Job Concrete Constr. Corp. -- Covina
Marker & Howley Constr. Co. -
Items
Items
` 1. $ 27.85 5. $ 9..15'
1. $ 28.50 5. $ 12.00
2068.00 6. 700.00
2100,00 6. 1,000.00
3• 445.00 7. .29
3.. 600.00 7. :4�0
4. 90o.0o 8. .10
4..1,200.00 8. .45
TOTAL,.-. $65 162.21 „
TOTAL - $71,747.40
M & J Construction Co. - Los Angeles
Items
E. M. Penn,Constr..Co. -'Baldwin Park
It;;s
1. $ 28.25 5. $ 14.00
1: $ 29.25 5. $ 13.15
2. 68.00 6. 1,200.00
2. 136.00 6. 00.00
3. 500.00 7. .35
3A 300.00 7. .32
4. 1,000.00 8. 410
4. 1,400.00 8. .65
TOTAL - 068,476.05
TOTAL - $71043.83
G. Vella Constr. Co. - `Duarte
J» C Barrett - Santa Ana
Items
Items
1. $ 24.00 5. $ .10.20
1. 4 27..50 5. 6 9.40
2.75»00 6. 1:100.00
2. 70.00 6. 1,600.00
. 30 385.00 7. .40
3. 830.00 7. .21
4.. 60o.00 8. .12
4. 615.00 8. .14
TOTAL - $59,096.68
TOTAL - $65,36o.90
Martin Kordick - Arcadia
Frank Chutuk Const. - Ontario
Items
Items
1 # 29.00 .5.. $. 10.00
1. $ -35.00 5. $ 10.85
2. 136..00 6. 770.00
2, 3.00 6. 2,100.00
3. 600.00 7. 30
3: 675.00 7. .50
4.+ 900.00 8. 010
4. 1,625.00 8. .20
TOTAL - $68,449.60
TOTAL - $87002.20
•
Motion by Councilman Sperline, s soon dad
by Councilman Kay$ and carried, that bids on
Project No. 35, Lark Ellen Storm Drain,
be referred to the City Engineer and City
Attorney for recommendation.
OPENING OF BIDS The following sealed bids were opened and presented
PROJECT C-28 to the
Council by the City Clerk for street improve -
STREET IMPROVEMENTS ON SECTIONS ments
on sections of Sunest Avenue between Merced
OF SUNSET.AVENUE Avenue
and Francisquito Ave. Project No. C-28.
City Attorney read .bids as followst
Emmett J. Malloy - Inglewood
Harver Construction Cc - E1 Monte
Item I Unit Price .21 TOTAL - $14'539-14
Item II Unit Price .20 TOTAL $13,946.60
Motion by Councilman Sperline, seconded
by �;cuncilman Kay and carried that project
No. C-28 be referred to City Engineer and the.City Attorney for recommendation.
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CC. 3/26/56
Insert Minutes' on Annexation #139 Hearing Here,
PUBLIC HEARING Mayor Hurst stated that this is the time and place for public
Precise Plan No. 70 hearing on Precise Plan No. 70 and Zone Change No. 67.
and Location: West side.of Glendora Avenue between Merced Avenue
Zone Change No. 67 and Vine Avenue. Request:, Adoption of Official Precise Plan
D.H. & Gladys E. Robinson and R-P to C-1 zoning, Existing Zones: R-A.. Potential R-P.
APPROVED Recommended for approval by Planning Commission on 2-15-56.
Maps were presented by the City Engineer. Mr. Gerschler read
Resolutions No. 345 and 346 of Planning Commission approving Z6re Change No. 67 and
Precise Plan Na. 70.
•The. recommendations of the City Engineer were read as follows:
10 That all street improvements outlined in Section 49., Ordinance Noe 2252 including
utilities, be installed accordingly and meet the approval.of the City Engineer.
This to include street lights, sidewalks and sanitary sewers*
2. That the Precise Plan cor.form,to the Block Study adopted for the area,
3. That all buildirgs and signs not exceed one story in height.
4. That all necessary street widening and area for, proposed streets shall be deeded
to the. City of West Covina.-
5. That adequate water supply and fire protection be provided as required by Ordinance
No. 237 and Ordinance No. 315.
6. That all excavating and grading work conform to provisions of Ordinance No. 384.
7. That all bonds and fees and deposits for improvements be posted before building
permits are issued,
,8. That a 6-foot masonry wall, be constructed along the westerly side of the market area
and the westerly side of . the service station and small shop area.
9. That only two driveway -entrances be shown between Merced Avenue and Wescove Place
on the.westerly side of Glendora Avenue.
�0. That the areas shown on "Proposed R-P zoning" be subdivided in accordance with
Ordinance No, 225. It being understood that this Precise Plan will not be considered
as an approved Tentative Tract Map or an Official Precise Plan for that area.
11. .That a 10-foot temporary drainage easement (as shown on the map) be improved.
It was further stated in motions of the Planning.Commission at their meeting of 2-15-56
that Zone Change No. 67 be recommended for approval except that portion designated C-1
north of the service station site to Wescove Place be indicated as R-P. and subjeft to
approval of the Precise Plan., and that Precise Plan No. 70 be recommended for approval
subject to recommendations of thd Planning Committee, and that a four (4) foot chain link
fence designated on the north and west sides of the service station site can be eliminated
until such time as a Precise Plan on R-P ate6'would indicate it'bb desired, except area
north of the service station site designated 0-1 to be R-P.
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cc 3/26/56
PP No, 70 and ZC No. 67--contd.
The City Clerk presented and read a communication from applicant Mr. D.H, Robinson,
dated 3-23-569 stating that he wished to -have corner,'Merced and Glendora G-1.9 to
keep 1;15 acres on the corner:t.o build two, twenty-five foot buildings and sell the
balance of 6 acres,
All those wishing to -present testimony.on this matter were sworn in by the City Clerk.:
Mr. Robinson, applicant, stated as follows: "The letter just read is just what I would
like to have, 1.15 Acres, My intentions are to keep the corner and develop something
that would take care of me.. If I cannot get C-1, I cantt get.the buildings I would like
to have.tt
• Mr. Bandy of 3307 Virginia_ Avenue stated as .follows: "I am just speaking to comment on
what Mr, Robinson has stated. We agree with the Planning Commission recommendations
except the small C'-1 request which they have designated as R-P. I do not understand
reasoning for thAt, Seems to isolate R-P between C-1 property. It does'not seem proper
it should be R-P when sandwiched in betweentwo proposed C-1 developments, unless there
is some reason we do not know of. It was laid out showing fifty foot store which
Mr. Robinson will have built and we have tenants for it. Would like to see this included
in C-1 if possible."
Mr. Gerschler: The.thought of the Planning Commission followed two lines;
first, that the existing C-1 zoning in the area together with that
proposed.in this application will provide a desirable neighborhood stopping area.
and second, the pattern established by this precise elan offers a logical transition
from C-1 buildings adjacent to the Service Station site.
There was no, further teotimony presented, hearing was declared closed.
Councilman Van Horn: I think this store building should be C-1 along z.i_th Service
station._ It is not. desirable for .Merced is secondary
street .ut nevertheless I would rather see C-1 business there than
Councilman Sperl.ne: In my opinion we mould have a f ar better development to
put service station there with C-1 development next to
parking lot adjacent to it. What is it -going to hurt? We are just as well off with
C>1 as PP. Not bothering homes'on either side. It is a little different situation
• than we normally have. 1 see not reason to over restrict this piece of property.
Councilman Brown: Can't see ;?-P in here. Any zoning at all should be all
C-1 ,r it would gust be hurting there.
Councilman Kay: With gas station on north side and. where you have 115'
trapped between commercial on north and 115' on south
_I do not think it would be quite right for R-P.
Mothion by Councilman l:ay, seconded by Councilman Sperline and carried that Precise
Plan N10. 70 be approved subject to recommendations of the Planning Coruniss-on and
City Fngineer with the.exception of 125' in depth and 115' in width et corner of
:,escove and Glendora Avenue which should be granted C-1 as applied for. Motion passed
on roll call as follows:
PP 70 & ZC 67 Cont'd.
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Ayes:
Noes:
Absent:
Not Voting:
Councilmen Kay,
None
None
Mayor Hurst
Van Horn, Brown, Sperline
Motion by Councilman Kay, seconded by Councilman Brown that Zone_Change No. 67 be ap-
proved subject to adoption of Precise Plan No. 70 and recommendations of City Engineer
and Planning Commission. Motion passed on roll call as follows:
Ayes: Councilmen Kay, Van Horn, Brown, Sperline
Noes: None
Absent: None
Not Voting: Mayor Hurst
PUBLIC HEARING Mayor Hurst stated "that :this is the time and place for
RESOLUTION NO. 901 public hearing on Resolution No. 901, "determining and
• Weed abatement declaring that weeds growingupon portions of certain
APPROVED streets, sidewalks and certain private property in the
City of West Covina to be a nuisance and declaring the
intention of the City Council to order the abatement thereof at the cost of the prop-
erty owner as provided by law."
There was no testimony presented'in this matter, the hearing was declared closed.
,Motion by Councilman Brown, seconded by Councilman Van Horn to approve the program
and authorize street superintendent to start the abatement.
PUBLIC HEARING Mayor Hurst stated that this is the time.and place for
ZONE CHANGE NO. 68 public hearing on Zone Change No. 68 (City Initiated)
Tract No. 21159 Location: LaBreda Avenue, south from -Rowland Avenue in
(City Initiated) Tract No. 21159. Proposed R-1. Existing Zone: R-A,
APPROVED Potential R-P. Recommended f or.approval by Planning
Commission 2-15-56. Maps were presented by the City -
Engineer. Resolution # 344 of the Planning Commission recommending approval of
Zone Change No. 68 was read by Mr. Gerschler.
There was no -testimony presented in this matter', the hearing was declared closed.
Motion by Councilman Kay, seconded by Councilman Sperline that Zone Change No. 68
(City Initiated) be approved. Motion passed on roll call as follows:
• Ayes: Councilmen Kay, Van Horn, Sperline, Brown, -Hurst
Noes: None
Absent: None
PUBLIC HEARING Mayor Hurst stated that this is the time..a nd place for
PRECISE PLAN NO. 71 public hearing on Precise Plan No. 71.and Zone Change
and. No. 69. Location: 1334 W. Merced Street and 1426 S.
ZONE CHANGE NO. 69. Sunset, Avenue on east side .of Sunset Street between
Olive M. & Harry M. Britt Merced Avenue and Francisquito'Avenue. Request C-1,
CONTINUE HEARING Existing R-A. Potential C-1 and R-1. Request Adoption
of Official Precise Plan. 'Recommended for denial by
Planning Commission on 2-15-56.
City Clerk presented and read letter from Olive M. Britt, applicant, requesting a
.postponement of this.hearing.
PP 71 & ZC 69 Cont°d.
Motion by Councilman Sperline,•seconded by Councilman Brown and carried that public
hearing on Precise Plan.No. 71 and Zone'Change No. 69 be continued to June 25, 1956
and if necessary, on, opinion of legal council, it be republished.
DATES. SET FOR HEARING Date of April 9, 1956 was set for hearing on the following:
PRECISE PLAN NO. 80. Arthur M. Daniels, Applicant. Location: West side of
-and Berranca Street between Walnut Creek Wash and Virginia
ZONE CHANGE NO. 62 Avenue. Request•R-3 Use.,.and Adoption of Official Pre-
cise Plan. Existing Zones R-A, potential R-3. Recommended
for approval by the Planning Commission on 3-21-56.
Date of April 23, 1956 was set for hearing on the following::
PRECISE PLAN AND Philip T. Edwards.& Fred L. Howard, Applicants. Location:
CLASSIFICATION NO. 79..(1405) 1615 W. Garvey Avenue on Garvey Avenue and Harbert Street.
Request: Adoption of Official Precise Plan and .C-1 Zon
ing. Existing Zone: R-A', Potential C-1.. Recommended for
approval.by Planning Commission 3-21-56.
UNCLASSIFIED. USE PERMIT Mrs. Thomas J. Rowse, Applicant., Location: South side
NO. 14 of Garvey Avenue, East of Barranca Street. Request:
Special Use Permit to construct and conduct semi -private
swim school. Existing zone: C-1. Recommended for ap-
proval by Planning Commission on 3-21-5.6.
PROPOSED AMENDMENT TO ZONING :(City Initiated). Recommended for approval by Planning
ORDINANCE (Ord. #147 & #325) Commission on 3-21-56.
TO ESTABLISH A LAND USE
DESIGNATION P-B, TO .CREATE A
ZONE FOR PUBLIC BUILDINGS AND
PARKS AND OTHER MUNICIPALLY OWNED
PROPERTY.
PROPOSED AMENDMENT TO MASTER PLAN
OF WASHES AND DRAINAGE COURSE RE-
LOCATING FUTURE ALIGNML-NT OF WAL-
NUT CREEK WASH BETWEEN CITRUS AND
GARVEY AVENUES.
(City Initiated) ---Recommended for approval by
Planning Commission on 3-21-56.
TENTATIVE MAP
Tentative maps of Tract'No. 22729 were presented by City
OF
Engineer. Location: SW'corner of Lary Ellen Avenue and
ORACT NO. 22729
Badillo Avenue. 8.38 Acres - Area District I. Reversion
Covina School District
to Acreage. Approved by the Planning Commission on
Reversion to Acreage,
3-21�-56. Mr. Gerschler stated that as this is a .rever-
APPROVED
sion .to acreage there are,no specific recommendations but
ask that it.be. approved.. Motion by Councilman* Sperline,
seconded by Councilman Brown
and carried that reversion t'o acreage of Tentative Map
Tract No. 22729 be approve.
.
METES AND BOUNDS SUBDIVISION
Maps were presented by the City Engineer on Metes
NO. 135-127
and Bounds Subdivision No..135-127..Location:
Harold L. Barnes
South side of Vine Avenue between Valinda and
APPROVED-
Lark Ellen Avenues. •3 Lots -.Area District II.
Approved by Planning Commission on 3-21-56. Mr.
Gerschler presented and read
a communication from Mr. Bredewig and Mr. Ferguson of
1132 E. Vine Avenue requesting permission to participate.in proposed street improvements
of Metes and Bounds Subdivision
No. 135-127.
C,D, 3-26-56
w�-
NIBS 135-127 Cont Qd.
Recommendations of the City Engineer were read as follows:
1) That all lots conform to Area District II requirements.
2) That all street improvements outlined in Section 49, Ordinance No:. 2251 including'
utilities, be installed accordingly and meet the approval of the City Engineer,
this to include sanitary sewers if available.
3) That the sale of Parcel No.,1 be contingent upon development of streets in
Tract No. 22157.
4) That disposition of any buildings be shown.
Motion by Councilman Sperline, seconded by Councilman Kay and carried that Metes and
ounds Subdivision No. 135-127 be approved subject to the recommendations of the City
ngineer.
It was consensus that the matter presented in the communication of Mr. Bredewig and
Mr. Ferguson be investigated further and be presented to the Council with.recommenda-
tions.
METES AND BOUNDS SUBDIVISION Maps were presented by the City Engineer on Metes �
NO. 135-128 and Bounds Subdivision No. 135-128. Location:
Romac Oil Company East -side of Azusa Canyon Road, north of San $er-
APPROVED nardino Road. 3.9 Acres - 3 Lots - Area District
I. Approved by the Planning Commission on 3-21-56.
Recommendations of the City Engineer were read as follows:.
1) That the area for proposed street be deeded to the City of West Covina,
2) That all street improvements outlined in Section'49 of Ordinance No. 225, in-
cluding utilities, be installed accordingly and meet the approval, of the City
Engineer, this to include streetlights, sidewalks and sanitary sewers.. This to
apply to all parcels.
3) Provide storm drain, easements or drainage letters where required, satisfactory
to the.City Engineer.
4 ) That the map conform .t o adopted Block Study No. 43.
�) That one foot lots at the Easterly end of the proposed street be deeded to the
City of West Covina in fee simple.
6) That adequate water service and fire protection be provided..
Motion by Councilman Brown, seconded by Councilman Van Horn and carried that Metes
and Bounds Subdivision No. 135-128 be approved subject to the recommendations of the
Planning Commission and City Engineer.
METES AND BOUNDS SUBDIVISION Maps were presented by the City Engineer of Metes
NO. 135-126 and Bounds Subdivision No. 135-126. Location:
Dr. Leon H. Bloom SW corner of Vincent Avenue and Puente Avenue.
APPROVED 3 Lots — Area District I. Approved by the Plan-
ning Commission on March 21, 1956. Recommenda-
tions of the City Engineer were read as follows:
C.O, 3-26-56
M&B 135-126
dq-
1) Grade lots to drain to Puente Avenue, or furnish drainage letters satisfactory to
the City. Engineer.
2) That driveway turnarounds be provided for all lots.
It was further stated in motion of Planning Commission of 3-21-56 that there be a 148
foot minimum rear yard set -back provided on Lots No. 1 and No. 2.
Motion by Councilman Sperline, seconded by Councilman Brown and carried that Metes and
Bounds Subdivision No, 135-126 be approved subject to the recommendations of the. City
Engineer, and. -Planning Commission.
PRECISE PLAN NO. 72 Maps were presented by the.City Engineer. Location:
and North side of Workman Avenue, West of Azusa Avenue at
UNCfSIFIED USE PERMIT NO. 12 1730 and 1734 E. Workman Avenue. Request: Adoption of
illiam C. Hart, Ir. Official Precise Plan and Permit to conduct.semi-private
APPROVED swim school. Existing zone: R-A, potential R-P. Denied
by Planning Commission on 2-15-56. Appealed to City Coun-
cil. Tentative approval by City•Council on 3-12-56._ Referred to Planning Commission
for report. On March 21, 1956, Planning Commission reaffirmed denial of Precise Plan
and indicated approval of use if made to conform to Block Study or suitable alternate
street pattern aS shown on Study Plan No, 42-A.
Motion by Councilman�Sper]ine, seconded by Councilman Brown and carried that Precise
Plan No. 72 and Unclassified Use Permit No. 12 be approved subject to Block Plan No.
39-C9 and subject to other recommendations of the City Engineer and Planning Commission.
PRECISE PLAN NO. 69 Maps were presented by City Engineer. Location: West
and side of Glendora avenue and Cameron Avenue. Request:
ZONE CHANGE NO. 65 Adoption of Official Precise Plan and C-1 zoning. Ex -
Darby & Van Horn fisting zone: R-A. Denied by Planning Commission on 2-15-56.
DENIED Appealed to City Council on 2-27-56. Referred to Planning
Commission for further study and recommendations for future
zoning on South Glendora Avenue between Service and Vine Avenues. On March 21, 1956
Planning Commission reaffirmed denial of zone change and recommended that the area above
mentioned be developed for R-1 purposes only.
Mr. Gerschler: At the direction of the City Council the Planning Com-
mission conducted land use studies between Service Avenue
and Vine Avenue on Glendora'Avenue. At the same time they studied the full extent of
Wendora Avenue on which there is an existing land use map of Glendora Avenue begin-
ng at Garvey: The existing commercial zones have been designed and buffered with
logical transitions from one land use to another without sharp debarkations from pat-
tern,- We come down to Vine Avenue and commercial grouping follows a desireable pattern
with sufficient buffer around it. The Planning Commission has taken specific area in
question from this map and prepared the other map before you which shows proposed de-
velopment of subject property. There are similar commercial areas down along Glendora
Avenue as it is the feeling of the County Regional Planning Commission to have such
commercial groups and filling in with residential. The following are the thoughts of
the Planning Commission in this matter.
1) If this map is used as a guide, it will conform to the practices of the County
on Glendora Avenue.
2) The property is suitable for residential if properly laid out, and shows a pos-
lible street pattern.
C.C. 3-26-56
PP 69 & ZC 65 Cont'd.
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3) Present zoning is well. contained. as the grouping shows.
4) Significant points in consideration of commercial zoning was proper establish-
ment of coiTmiercial zoning between .two contained areas and present development
of residential prop6rty by Myers Bros. Construction Co. which indicated to the
Commission that residential is still. desirable.
Councilmen. Sperline. The map before us shaves more or less the Planning Com-
mission's proposal of lay -out. Is it our Planning Com-
mission's mission's theory and policy to face lot after lot on major or sic-lai.dary? Cameron
will carry a lot of traffic. Point is are vqe- Conj
C� _, to fae,, houses on Cameron, par-
ticularly between Orange and Garvey inte-rchange -where Cameron will take off at Glen-
dora Boulevard? In my opinion, they are not thinking right if they are thinking we
should put all these lots facing on Cameron Avenue. I am wondering why on one heav-
ily traveled boulevard we say we should have commercial then we go to another and say
wc shoul,d not. Carried Block Study down enough but left out area we should have given
considerration.
Councilman Kay: I think this same question came up a year ago. Person-
ally, I think the lay -out very clearly points one direct
solution to the problem at the present time and see nothing too wrong with the solu-
tion, Certainly there is a considerable amount of commercial in -the area. We can
always change from R-1. to C-1, if we are proved wrong, but it will be difficult to
go back the other way.
Councilman brown: I cannot see zoning one little corner. We would have to
zone the whole intersection.
Councilman Kay: I believe to approve this, would merely be increasing the
problem on east side of Glendora Avenue where already
there are homes.
Motion by Councilman Kay, seconded by Councilman Brown that Precise Plan No. 69 and
Zone Change No. 65 be denied. Motion passed -on roll call as follows:
Ayest Councilmen Kay, Brown, Hurst
Noes: Councilman Sperline
Absent: None
Not Voting- Councilman Van Horn
*Councilman Sperline I think we should still direct the Planning Commission to
look very carefully at this intersection in the future.
TIME EXTENSIONS Upon reconun.endation of City Engineer motion by Councilman
FINAL MAP OF TRACT NO. 2141111 Brown, seconded by Councilman Sperline and carried that a
(9-28-56) time extension of six (6) months (9m28,756) be granted for
APPROVED filing of final map of Tract No6 21431. Location: North
of Garvey and East of Orange Avenue.
TIME EXTENSION
-Upon recommendation of
City Engineer motion by Councilman
FINAL MAP OF TRACT NO. 21339
Sperline, seconded by
Councilman
Brown and carriedthet a
(8-28-56)
time extension of six
(6) months
(8-28-56) be granted for
APPROVED
filing of final map of
Tract No.
21339. Location: North
side of Puente Avenue
and East of
Lark Ellen Avenue.
(;O'l:. 65 26-b6
FINAL MAP Final Map of Tract No. 21431 presented by City Engineer.
TRACT NO. 21.431 Location: North of Garvey Avenue and East of Orange Avenue.
Frank De Pietro 7 Acres - 16 Lots - Area District I. Upon recommendation of
APPROVED City Engineer, motion by Councilman Van Horn, seconded by
Councilman Sperline'and carried that Final Map of Tract No.
21431 be approved subject to following recommendations of the City Engineer:
1) Removal of Lot No. 17 from Final Map.
2) Receipt of Soil Test Report.
3) City Engineer's approval of Plans and Profiles.
4) Receipt of Utility Certificate f rom t h e water company.
FINAL PAP Final Maps of Tract No. 21.425 presented by City Engineer.
TRACT NO. 21425 Location: East of Hollenbeck Street, South of Merced
W.E.'Hardy Avenue_. 22 Acres - 46 Lots - Area District III. Upon
APPROVED recommendation of the City Engineer motion by Councilman
Sperline, seconded by Councilman Brown and carried that
Final Map of Tract No. 21425 be approved subject to the recommendations of the City
Engineer as follows:
1) City Engineer's approval of Plans and Profiles.
ACCEPT STREET IMPROVEMENTS Location: North side of Puente Avenue, East of
TRACT NO. 20636 Azusa Avenue. Upon recommendation of the City
S.R. Zubrecky Engineer motion by Councilman Sperline, seconded
APPROVED by Councilman Kay and carried that street improve-
ments in Tract No. 20636 be accepted and authoriza-
tion be given for the release of the amount of 68.77 retaining $9b.00 for street trees
not installed to date.
ACCEPT STRHET IMPROVEMENTS
TRACT NO. 21038
A.A. Levine
APPROVED
for the release of Pacific Employers
of $9000.00.
Location: South of Rowland Avenue, East of Azusa
Avenue. Upon recommendation of the City Engineer
motion by Councilman Brown, seconded by Councilman
Kay and carried that street improvements in Tract
No. 21038 be accepted and authorization be given
Insurance Co. Bond No. 11-B-44777, in the amount
RELEASE OF BONDS Upon recommendation of City Engineer, motion by.
(M-1 Zone) Councilman Sperline, seconded by Councilman Brown
Fre 0 n. & Hazel McCown and carried that authorization be given for the re -
APPROVED lease of PeerlessCasualtyCompany Bonds No. 164142
for �280.00 and -No. 164141 for $775.00 (Cash deposit
in the amount of $1055.00 has been received for water main installations).
RESOLUTION NO. 907 City Attorney presented and read Resolution No. 907 "A
ACCEPT GRANT DEED RESOLUTION OF THE, CITY COUNCIL OF THE CITY OF WEST COVINA,
Precise Plan No. 17, Sec. 2 CALIFORNIA, ACCEPTING GRANT DEED COVERING REAL PROPERTY TO
Workman Avenue and Citrus St. THE CITY OF "BEST COVINA FOR STR7E4T AND HIGHWAY PURPOSES
Pich.enbaum (Eichenbaum) ." Location: vE corner of Wo&rnan :'. ,(tnue and
ADOPTED_..`: .'..t
Motion by Councilman Brown, seconded by Councilman Kay that Resolution No. 907 be
adopted. Motion passed on .roll call as follovis:
Ayes: Councilmen Kay, V1.n Horn, Brown,'Hurst
Noes: None
Absent: Councilman. Sperline
-12-
RESOLUTION NO. 908 City Attorney presented and read Resolution No. 908 "A
ACCEPTING GRANT DEED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
Tract No. 19064 CALIFORNIA, ACCEPTING GRANT DEED COVERING REAL PROPERTY
(Shank) TO THE CITY OF WEST COVINA FOR STREET AND HIGHWAY PURPOSES
Meeker Avenue (Shank).' Location: Meeker Avenue, South of Walnut Creek
ADOPTED Wash.
Motion by Councilman Brown, seconded by Councilman Kay that Resolution No. 908 be
adopted. Notion passed on roll call as follows:
Ayes: Councilmen Kay, Van Horn, Brown,, Hurst
Noes- None
Absent: Councilman SDerline_
RESOLUTION NO. 909
(NORTHERLY ANNEXATION DISTRICT
NO. 138)
Fleng time and place for protests
to annexation election
(4-23-56 - 8:00 P�.M. City Hall)
ADOPTED
City Attorney presented and read Resolution No. 909
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION
TO CALL A SPECIAL ANNEXATION ELECTION AND FIXING
A TIME AND PLACE FOR PROT'JEST BY PROPERTY OWNERS."
Motion by Councilman brown, seconded by Councilman
Kay that Resolution No. 909 be adopted. Motion
passed on roll call. as follows:
Ayes: Councilmen Kay, 'Van Horn, -brown, Hurst
Noes: None
Absent: Councilman.Sperline
RESOLUTION NO. 910
EXPRESSING GRATITUDE FOR SERVICES
Floyd He Gelvin
and,
George He Cobbal, Sr.
ADOPTED
Ayes:
Noe s:
Absent -
RESOLUTION NO. 911
ACCEPT BOND FOR
ANJREET IMPROVEMENTS
W TRACT NO. 21425
(Hardy)
ADOPTED
Councilmen Kay,
None
None
City Attorney presented and read Resolution No. 910
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, GALIFORNIA, - EXPRESS ING GRATITUDE TO
FLOYD-H. GELVIN AND GEORGE He COBBE, JR., FOR THEIR
FAITHFUL SERVICE TO THE CITIZENS OF WEST COVINA."
Motion by Councilman Van Horn, seconded by Council-
man Kay that Resolution No. 910 be adopted. Motion
passed on roll call as follows:
Van Horn, Sperline, Brown, Hurst
Motion by Councilman Sperline, seconded by Council-
man Van Horn that Resolution No. 911 be adopted ac-
cepting Pacific Employers Insurance Company Bond No.
11-B-50246 in the amount of $48,000.00 to cover
street improvements in Tract.No. 21,425. Location:
East of Hollenbeck Street.and South of Merced Avenue.
Motion passed on roll call as follows:
Ayes: Councilmen Kay, Van Horn, Sperline, Brown, Hurst
Noes: None
Absent.. None
RESOLUTION NO. 912 Motion by Councilman Brown, seconded by Councilman
ACCEPT BOND FOR ' STREET IMPROVEMENTS Sperline that Resolution 912 be adopted accepting
TRACT NO. 21431 Pacific Employers Insurance Company Bond No. Ol-B-
(De Pietro) 50366 in the amount of $7,000.00 to cover street
ADOPTED improvements in Tract No. 21431. Location: North
of Garvey Avenue, East of Orange Avenue. Motion
passed on roll call as follows-
C.C. 3-26-56
Resolution 912 Cont'd.
Ayes: Councilmen Kay, Van Horn, Sperline, Brown, Hurst
Noes: None
Absent: None
SECOND READING Motion by Councilman Sperline, seconded by Councilman
ORDINANCE NO. 460 Van Horn and, carried, that second and final reading be
Precise Plan No. 44 (Revised) given to Ordinance No. 460 "AN ORDINANCE OF THE CITY
Zone Change No. 38 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING
Sponseller &.Sons. A PRECISE PLAN FOR THE DEVELOPMENT.UF CERTAIN PROPERTIES
ADOPTED IN SAID CITY, PURSUANT TO THE PROVISIONS OF ORDINANCE NO.
147 OF THE CITY OF WEST COVINA, AND AMENDING SAID ORDIN-
ANCE NO. 147 (Sponseller & Sons)" Location: NE corner of Irwindale Avenue and Garvey
Avenue. Motion by Councilman Sperline, seconded by Councilman Kay and carried that
• reading of the body of the ordinance be waived. Motion by Councilman Sperline, seconded
by Councilman Kay that Ordinance No. 460 be adopted. Motion passed on roll call as
follows%
Ayes: Councilmen Kay, Van Horn, Sperline, Hurst
Noes: None
Absent: None
Not Voting: Councilman Brown
(Not in attendance at first reading)
SECOND READING Motion by Councilman Sperline, seconded by Councilman
ORDINANCE NO. 461 Brown and carried that second and final reading be given
Vacation and abandonment of to Ordinance No. 461 "AN ORDINANCE OF THE CITY COUNCIL
portion of Valinda Ave. OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE VA -
ADOPTED CATION AND ABANDONMENT OF A PORTION OF THAT CERTAIN STREET
KNOWN AS VALINDA AVENUE IN SAID CITY." Location: North
of Walnut Creek Wash and SE of Glendora Avenue for development of Precise Plan No. 65.
Motion by Councilman Van Horn, seconded by Councilman Sperline and carried that reading
of the body of the ordinance be waived. Motion by Councilman Brown, seconded by Coun-
cilman Van Horn that Ordinance No. 461 be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Kay, Van Horn, Sperline, Brown, Hurst
Noes: None
Absent: None
fSECOND READING
ORDINANCE NO. 462
ending Ordinance No. 147
Portion of Lot No. 15
Tract No. 2371
(Tenmen Enterprises, Inc.)
ADOPTED
Street and Oregon Avenue, a
by Tentative Map No. 21014.
Horn that Ordinance No. 462
Motion by Councilman Sperline, seconded by Councilman
Van Horn, and carried that second and final reading be
given to Ordinance No. 462 "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMEND-
ING ORDINANCE NO. 147 OF SAID CITY, KNOWN AS THE ZONING
ORDINANCE, AND CHANGING THE ZONING MAP ATTACHED THERETO
AND -'MADE A PART THEREOF." (Tenmen Enterprises, Inc.)
Location:, South side of Cortez Street, between Barranca
portion of Lot 15, Tract No. 2371 proposed for development
Motion by Councilman Sperline, seconded by Councilman Van
be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Van Horn, Sperline, Hurst
Noes: Councilmen Kay, Brown
Absent: .None
C.C. 3-26-56
SECOND READING Motion by Councilman Sperline, seconded by Councilman Kay
ORDINANCE NO. 463 and carried that second and f inal reading be given to Or -
Amending Cut and Fill Ordinance dinance No. 463 "AN ORDINANCE OF THE CITY COUNCIL OF
No. 384 THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 24
ADOPTED OF ORDINANCE NO. 384 OF THE CITY OF WEST COVINA, KNOWN
AS THE "CUT AND FILL ORDINANCE." Motion by Councilman
Sperline,.seconded by Councilman Brown that Ordinance No. 463 be.adopted. Motion
passed on roll call as follows:
Ayes: Councilmen Kay, Van Horn, Sperline, Brown, Hurst
Noes: None
Absent: None
FIRST READING City Attorney presented Ordinance No. 464 "AN. ORDINANCE
ORDINANCE NO. 464 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
*ending Sec. 4 and 5 of AMENDING SECTIONS 4 AND 5 OF ORDINANCE NO. 369 OF THE CITY
Ordinance No. 369 OF WEST COVINA,.KNOWN AS THE SALES TAX ORDINANCE. Motion
by Councilman Brown, seconded by Councilman Sperline and
carried that reading of the body of the Ordinance be waived. Motion by Councilman
Sperline, seconded by Councilman Brown that Ordinance No. 464 be given its first reading.
Motion passed on roll call as follows:
.Ayes: Councilmen Kay, Van Horn, Sperline, Brown, Hurst
Noes: None
Absent: None
FIRST READING City Attorney presented Ordinance No. 465 "AN ORDINANCE
ORDINANCE NO. 465 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
Amending Sec. 1 and 4 AMENDING SECTIONS 1 AND 4 AND REPEALING SECTION 12 OF
Repealing Section 12 or Ordinance ORDINANCE NO. 422 OF THE CITY OF WEST COVINA, KNOWN
No, 422 AS THE USE TAX ORDINANCE." Motion by Councilman Brown,
seconded by Councilman Sperline and carried, that reading
of the body of the Ordinance be waived. Motion by Councilman Sperline, seconded.by
Councilman Brown, that Ordinance No. 465 be given its first reading. Motion passed
on roll call as follows:
Ayes: Councilmen Kay, -Van Horn, Sperline, Brown, Hurst
Noes: None
Absent: None
FIRST READING City Attorney presented and read Ordinance No. 466
• ORDINANCE NO. 466 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY,OF WEST
Change Street Name COVINA$ CALIFORNIA, CHANGING THE NAME OF CERTAIN STREET,
McNutt Drive TO WIT: McNUTT DRIVE IN TRACT NO 17045 IN SAID CITY,
to TO HILLHAVEN DRIVE." Motion by Councilman Van Horn,
Hillhaven Drive seconded by Councilman Kay and carried that Ordinance
(Tract No. 17045) No 466 be given its first reading.
ACCEPT SEWER FACILITIES Upon recommendation of the Sanitation Engineer, motion
Tract Nos.-20526 and 18830 by Councilman Sperline, seconded by Councilman Brown
Herring and Lark Ellen Ave°so. and carried that sewer facilities in Tract Nos, 20526
APPROVED and 18830 (Location: Herring Avenue and Lark Ellen
Avenues) be accepted and authorization be given for the
release of the remaining portion of cash deposit in the amount of $686.59.
C,C, 3-26-56
ACCEPT SEWER FACILITIES Upon recommendation of the sanitation Engineer, motion
Tract No. 20945 by Councilman Sperline, seconded by Councilman Ray and
dine and Azusa Avenues carried, that sewer facilities in Tract No. 20945,
APPROVED (Location: Vine Avenue and Azusa Avenue) be accepted
and authorization be given for the release of General
Casualty Company of America Bond No, 331855 in the amount of $10,000.00.
REPORT OF CITY MANAGER Mr. Petrie stated, "Mr. Charles Bennett,.Planning Con-
sultant, has returned to town and spent considerable
time out herein the City in the study of problems we are interested in. I believe
there will be a development of a report this coming week and I will be able to pre-
sent it for the next meeting of Council."
REPORT ON WATER SHUT-OFF Mr. Petrie stated as follows; "I believe Council was
interested in the .report by Councilman Sperline regard-
ing the shut down of water in the area on Fircroft Street a week ago Saturday. I
•
checked into that with the manager of the water company and due to a combination of
circumstances in the area it was something that. happened that was contrary to the
policy of the company in not giving notice vh en. the shut-off was to occur. It was
partially due to some repairs in the area, although adequate water was in the reservoir,
and partially due to a new operator or dispatcher on the line that day. They did run
sufficiently low to cause inability to serve particular elevation on which Mr. Sperline
is located and the Country Club also. I understand.the re were two complaints that
water pressure was low or out of water entirely. I understand that neighbors had low
pressure but there was water down the street,as elevation decreased.' Due to operation
intricacy and new man pressure fell below, but believe it will be corrected. There is
no reason to doubt Mr. Garnier's word on it, but if it should occur again we shall know
it is because of inafficient operation in this type of service and operation.
Councilman Sperline; Perhaps the reason for so.few complaints was that many
of the neighbors contacted me partly because they do not
have telephones and partly because they knew I was going to call. This happened to
several neighbors in the vicinity,
Mr. Petrie; Bringing this matter to the attention of the water
company will make them realize that we are watching
the situation,
AMENDMENT TO CUT AND City Manager stated that he had received a letter from
FILL ORDINANCE Ted M. Walsh & Associates, Inc., Civil Engineer, stating
that revision requirements are too stringent and will
require certain soil tests. "I bring this to Council's attention so that you will
know of it. We have to place responsibility somewhere for a man who wants to place
a structure on filled ground or on filled slopes. How else to do it we do not know, -
We would be willing to listen to anything that might be helpful in this matter, in
relation to safety to the people. At the moment I would be willing to recommend, on
the recommendation of the City Engineer and Acting Director of Public Works, that we
go along with our Ordinance as amended. If this makes it recumbant on the contractor
then we will revise our building code. It appears what we are leaning toward if we
go along with each question on ordinance revision, is to weaken it to a point of mak-
ing it inoperable. You understand this ordinance is important in as much as the build-
ing is spreading up to the hills. We are open to suggestions for improvements from a
practical standpoint."
C.C. 3-26-56
-16-
BID AWARDED Upon recommendation of the City Engineer, and City
PROJECT NO. C-28 Attorney motion by Councilman Brown, seconded by Coun-
cilman Kay that bid award on Project No. C-28 go to
the lowest responsible bidder, Harvey Construction Company of E1 Monte at unit price
of .20 with the total of $13,846.80 and that the Mayor and City Clerk be authorized
to execute the contract agreement.
Motion passed on roll call as follows:
Ayes: Councilmen Kay, Van Horn, Sperling, Brown, Hurst
Noes: None
Absent: None
BID AWARDED Upon recommendation of the City Engineer, and City
PROJECT N0. C-35 Attorney motion by Councilman Brown, seconded by Coun-
cilmanVella prlinnetthat bid award on Project No. 35 go to
the lowest responsible bidder,
amount of $59,096.68 with the additional condition Duarteruction Company of
that the award be
m in the total
be met with approval
by the State Division of highways, and that the Mayor and City Clerk be authorized to
execute contract agreement when so approved.
Motion passed on roll call as follows:
Ayes: Councilmen Kay, Van Horn, Sperline, Brown, Hurst
Noes: None
Absent: None
TREASURERS REPORT Motion by Councilman Kay, seconded -by Councilman Spar -
February - 1956 line and carried that Treasurerts Report for the month
of February,,1956 be accepted to be filed.
ITEM NOT ON AGENDA:
SUGGESTION OF.SALARY Mrs. M. VanDame of 1532 E. Garvey Avenue stated that
RAISE FOR MEMBERS OF she thought' it would be in order for the Council to :•
PLANNING COMMISSION raise the salaries of the Planning Comnissionerls.
She thought they should have at least $30.00 a month.
It was consensus that this matter would be taken under advisement•
CLAIMS AND DEMANDS Councilman Key stated, "I am on the Auditing Committee
•
and our amount of Claims and Demands are piling up and
is taking a large amount of signing and checking. I have discussed this with the
Chief Finance Officer and he is currently working on a procedure of Claims and De-
m
ands list on a sheet of paper with proper information and pxnvision being made for
exceptions. Under this procedure the Committee could go over such a list and sign
Just one sheet of paper rather than 200 or 300 individual demands. This will car= tainly help until there is some other procedure.
There was no further business, meeting was adjourned at 11:35 P.M. until Monda April 2, 1956, at.8:00 P.M. y,
JOE HURST, MAYOR
ROBERT FLOTTEN
ORIGINAL
MEETING OF THE CITY COUNCIL
�• of the
A
CITY OF WEST COVINA
CITY HALL
WEST COVINA) CALIFORNIA
Monday, March 26, 1956
8:00 O'Clock P.M.
Reported by:
Wm. G . Lyman, C.S.R.
Room 2106 City Hall
Los Angeles 12, California
-M. ". LiMAM, V. 6. K., VFFIGIAL KEYORTER OU!F RIOR VOUR1
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MEETING OF THE CITY COUNCIL
of the
CITY OF NEST COVINA
CITY HALL
WEST COVINA, CALIFORNIA
Monday, March 26, 1956
8:00 O'Clock P.M.
Reported by:
Wm. G. Lyman, C.S.R.
Room 2106 City Hall
Los Angeles 12, California
WM. V. LiMA1V. {.:. D. K.. VFFIGIAL KEYVHI-ER DUYEHIV![. L.V VK!
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I N D E X
EXHIBITS:
City Exhibit A - certified record
Motion A for identification
Motion B for identification
PAGE
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WN1. G. LYMAN, G. 5. R., UFFICIAL REPORTER 5UPERIOR COURT
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WEST COVINA, CALIFORNIA, MONDAY, MARCH 26, 1956
8:00 O'CLOCK P.M.
The regular meeting of the City Council of the
City of West Covina,.California, came on for hearing at the
hour of 8:00 o'clock p.m., the following members of the
City Council being present:
C. J. HURST, JR., MAYOR
J. CAL SPERLINE, VICE MAYOR
J. D. BROWN, COUNCILMAN
BERT C. VAN HORN, COUNCILMAN
JIM KAY, COUNCILMAN
CLIFFORD G. PETRIE, CITY MANAGER
ROBERT FLOTTEN, CITY CLERK
T. J. CORNYN,-CITY ATTORNEY
DAN C. MARSHALL, SPECIAL COUNSEL
THE MAYOR: We will take up Item 8, Resolution
No. 891. Declaring intentionto call a special annexation
election and fixing a time and place for protest by property
owners. (Resolution read.)
This is the time and place for this hearing. I
believe before we start we will have a little rundown by
our attorney to let all you people know exactly where you
stand on the protests.
WM. V. UTMAIY. L. %%. K.. WrVIGIAL HEYVKfEK O-EKIVK L.V VKI
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Mr. Marshall, if you will give them a brief of
what has gone on, and the way this thing should be worked
out.
MR. MARSHALL: The statute under which this
proceeding is taking place is the Annexation of Inhabited:
Territory, and the Resolution to which the Mayor referred,
sometime ago fixed this hour and.place as the time of
hearing of protests.
Protests.are required,to be in writing, and they
must have been on file with the City Clerk by 8:00 o'clock
tonight. A. considerable number of protests have been
received and were on hand commencing at least by last week.
The first step in the procedure to determine whether or
not sufficient protests have been filed or would be filed
by 8:00 o'clock"tonight was to determine first of all the
assessed value of the land, exclusive of the improvements,
according to the last equalized assessment roll.
Accordingly, the City Council procured a certified
copy of the last equalized assessment roll from the Realty
Tax and Service Company, 433 South Spring Street.
The certification on this assessment.roll reads as
follows. It -is dated March 23, 1956. It is addressed to
the City of West Covina, and states:
"The County certifies that the attached sheets,
number 1 to 151, inclusive, display the assessed
owners within the proposed Northerly Annexation
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District No. 139 to the City of West Covina
as they appear in the office of the Tax Collector
and Assessor of the County of Los Angeles on
November 1, 1955.
"The County further certifies that the
'assessed valuation of land only of this district
is $1,882,440."
It would be in order, Mr..Mayor, &. this time to
have the certified record placed in evidence with the City
Clerk as a public record and as part of this proceeding,
and I will ask the Clerk to mark it as City Exhibit A.
(The document referred to was thereupon marked as
City Exhibit A.)
Now, the City Clerk received up until 8:00 this
evening certain written protests. He also received not la',
than 8:00 o'clock this evening certain withdrawals of
protests. Exhibit A lists roughly, I think, around 2250
.separate assessment parcels. The protestants or signers
of protests represent, we think, about 1250 to 1500 names.
These protests have been processed down to this point as
follows:
A card index was made for each protestant, and over
the week end an extra crew at the City Hall here went to
work to trace those names into the assessment roll, Exhibit A
When they found a name in the assessemtn roll which was on
a protest, then the assessed value of the land alone was
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marked on the card. The total to this point only of those
who signed protests was $373,750•
Now, that is inclusive of protests which were filed
..with the City Clerk probably commencing Friday.
For instance, a substantial number of protests
were handed to the City Clerk this evening. They have not
been processed'in any fashion whatsoever.
A VOICE: Excuse me. Do they include the names
handed in Friday?
MR. MARSHALL: We worked on Saturday. I think they
did include the Friday names, although I would have to
look at the filing stamps to see if they were included in
the batch.
THE VOICE: How many parcels does this figure
represent?
MR. MARSHALL: That I would not be able to say,
because it has not been calculated as yet. There is a
great deal more work to be done in processing these, and
I wanted to tell the Council and everybody about it.
Now, what next needs to be found is the a8sessed
value of the land only of all persons who signed protests
according to the last equalized assessment roll, and even
that phase of the operation has not yet been completed,
and -:moreover the figure that I just gave a moment ago of
$373,750 has not been in any way verified or checked.
It is the first run of the tape, and the cards
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have not been checked back at all completely. So this
is a tentative figure and subject to correction.
Now, the statute imposes the following duties upon
the City Council: First, to determine the assessed value
of the land alone, according to the last equalized assess-
ment.roll, and we have a prima facie determination of that
factor -.>in Exhibit A.
In the determination which the City Council will
need to make is the assessed value of the land alone of
all owners.who appear on the last equalized assessment
roll, and Exhibit A is the last equalized assessment roll.
Now, there are one or -two other categories of
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equalized assessment roll, and the next category is where
land is subject to recorded written agreement to buy, the
purchaser under such agreement to buy shall be deemed the
owner.
Now, moreover, there is a.provision that if.the
protests -are not sufficient then a supplemental petition
may be filed,within ten days, and in my opinion that ten
days could not begin to run until the City Council made a
determination of the sufficient protests; and then and
only then could the ten days begin to run.
Now, another fact which the -City -Council must
determine is the value of all publicly owned land within
this territory.
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The value of that.land, publicly owned land, is not
shown on the last equalized assessment roll, and it will
be necessary for the City Council to procure information
and evidence upon the subject of the value of land, publicly
owned land, within this territory and the assessment roll
be my advice to the City Council that later toward the
conclusion of the hearing that by motion they authorize the
City Clerk, who is a statutory officer to discharge most
of the fact gathering function, to authorize him to
assemble for the City Council the data upon which the
City Council can. make the determinations required by the
statute.
It would also be appropriate for the City Council
to instruct the City Clerk to obtain opinions concerning the
value of publicly owned land. It would also be appropriate
for the City Council to instruct the City Clerk to assemble
this data in the form of a report or reports for submission
to the City Council at such times as they next take up the
matter so that the City Council will have before it that
information or evidence, plus any other information or
evidence which their discretion believes they should have
before the matter is finally determined in its first stage;
that is to say, the value of protests so far as land
alone is concerned.
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WM. G. LYMAN. C. S. R., OFFICIAL REPORTER SUPERIOR COURT
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When that point is reached other problems will
arise. There may be protests which are insufficient as to
form. Perhaps.names came in without any protest appended
to them, and you cannot tell whether they are protesting
this proceeding or another proceeding; or in some cases it
is not unusual in annexation proceedings that a tenant will.
sincerely believe he has the right to sign a protest and
will sign -a protest, and he is not eligible to sign a
protest, and that protest has to be rulled out.
So those are I think most of the principal
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determinations of fact which the City Council will ultimatel
have to make.
Now, there is one more .phase which I would venture
to offer this evening to the City Council., and that is this:
that is the provision that states that a person is an owner,
that is to say, entitled to sign a -protest under the
statute if he is the owner of land which is subject to a
reported written agreement to buy, and if he is the-.
purchaser under that kind of an agreement then he is deemed
the owner for the purpose of making a protest.
Now, in my opinion the City Council is entitled -this
evening at this session to adopt a motion or.resolution
requiring all persons who want their protest to be counted
and who are not shown on the assessment roll, to file with.
the City Clerk evidence that they do own land subject to
a recorded written agreement to buy. Otherwise, the City
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WM. G. LYMAN, C. S. R., OFFICIAL REPORTER SUPERIOR COURT
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will have the following title searching problems: It will
need to have at least a lot 1�:b 6k.- report made on every
parcel as to which there is a semblance, we will say, of
a valid protest.
Now, in addition to matters which I have referred
to, it is within the discretion of a City Council, within
such limits as they feel appropriate in line with their
other matters, to hear from interested parties, including
those who have objections to protest or some protests ors,
parts of protests, and to hear those in support of protests.
THE MAYOR: There is one point I would like to
have you make clear, Mr. Marshall. Some of these property
owners who have filed protests here appear on this assess-
ment roll and others do not.
MR. MARSHALL: Correct.
THE MAYOR: The burden of proof is going to be on
the property owners to come in and look at that assessment
roll and find out whether or.not they are on it to see
whether or not they are going,to have to bring documentary
Proof of some kind to the Clerk that they are the owners
of that property; is that correct?
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MR. MARSHALL: You statedAaccurately; yes, sir.
THE MAYOR: Is there any question on that point?
A VOICE: I would like to ask a voucher for the
authenticity of the report on the assessment values. What
,,company is that that puts this out?
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THE MAYOR: First, I want this one point cleared up.
Is there any question on this point? You might question
the authenticity at another time,, but you have the question
on this.
THE VOICE: It is not a question, but is more of
a statement. I believe there is no such requirement in
the statute which requires owners subject to a recorded
document to buy property, to submit to the City Council
record evidence of that document. It has already been
decided under some cases that it is the duty of the City
Council to .nof'ify people of .the invalidity of their
protests. I think it is far more appropriate in this
situation, especially in view of the fact :76f'.. the number
of people who might be involved, the smallness of the area
that -,we have in which to gather protests, to notify these
people that their protests are not accepted on the ground
that they have not to your recollection, are not on the
assessment roll, and in the event that they are there should
be an impartial and fair gathering at which time they can
present the record evidence.
That still is the burden upon the person, but
nevertheless I think that is fair.
THE MAYOR: Now, of course, that is the procedure.
You understand what he has stated, though?
THE VOICE: Yes, sir, and I disagree with it
completely-.
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WM. W. L7MAIV, I.;. OFFICIAL KEPURTER DUP.ERIUR IUURT
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THE MAYOR: `Fine.
MR. MARSHALL: Mr. Mayor, so that we have an
adequate record, might.I suggest that anybody who speaks
in this matter state his name for the record.
THE MAYOR: That was not a part of the hearing. I
just wanted to get this one question clear. If we are going
to start questioning --
MR. MARSHALL: I think that technically this is all
part .of the hearing.
THE MAYOR: Any person wishing,,- to be heard, I take
it, should be sworn in.
THE VOICE: Could we get some rulings from counsel
who is representing the City on certain points?
THE MAYOR: Would you like.to stand up and come
forward, and give your name and address?
THE VOICE: I would like -to ask counsel certain
questions.
THE MAYOR: Come forward and state your name,
and you may ask the questions., -
.MR. MARSHALL: For the sake of the record, could I
ask that you give your name.
THE VOICE: Mr. Stoke.
THE MAYOR: And your address? -
MR. STOKE: 1826 South Pruse Avenue, Arcadia.
MR. MARSHALL: Do you represent yourself alone?
MR. STOKE: No, I don't.
U. LTMAN, G. S. H., UFFICIAL KEPORTER b'UPERIOR L:UUR7
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MR.-MARSHALL: Do you represent others?
MR. STOKE: Yes, I do.
I represent Consolidated Rock Products Company.
MR. MARSHALL: Thank you.
A VOICE: My name is Theodore Morris, 2102 North
Shady Dell Avenue, Covina Post Office. I live in the
territory to be annexed, and I represent myself, and I think
I speak for some other people. I would like to ask certain
questions, Mr. Marshall, which I think pertain to or require
rulings by you as Special Counsel for the City of West Covina
I wanted to know how valid this assessment figure
is that you derive from this Realty Service Company, what-
ever it is called.
MR. MARSHALL: The Realty Tax and Service Company at
33 South Spring Street is a subsidiary of the Title
Insurance and Trust Company. In my view, they have one of
the most complete title searching plants in the city.
MR. MORRIS: What sort of a subsidiary is it? Do
they have the facilities of the Title Insurance and Trust
Company available to them?
MR. MARSHALL: That is my understanding.
MR. MORRIS: This is the total made up of getting
the sum of all the parcels in the area, or is it an arbitrary)
figure placed on the entire area?
MR. MARSHALL: This report, when you get a chance
to examine it, you will find consists for the most part of
U. LTMAN, G. S. R., UFFICIAL REPORTER SUPERIOR COURT
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a photostatic copy of,the assessment roll of the County
Assessor.
MR. MORRIS: In other words, it only includes the
list of taxpayers; is that true?
MR. MARSHALL: There are columns here for cash value
of real estate, improvements, cash value of -improvements,
and the figures are extended out to the right, and then they
are extended on each page.
MR, MORRIS: Mr. Marshall, in your recommendation
that the CityCouncil authorize an assessment on public
land, do you by chance include dedicated streets?
MR, MARSHALL: Would you read that question, please,
Mr. Reporter?
(The- question was read by the reporter.)
MR. MORRIS: When I say "'assessment," I mean a
valuation.
MR. MARSHALL: Why do I say that that is the -duty
of the City.Council?
MR. MORRIS: No, I say when you say public land
do you include public streets in that?
MR. MARSHALL: Offhand, I wouldn't include streets;
but simply, publicly owned land, exclusive of streets,
schools, flood control properties and things of that Mind.
MR. MORRIS: I see. My next question, then, is,
in taking names and matching them against the assessment
roll, what do you doabout the situation of husband and wife
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N/M. U. L-TMAIV, L: Ia. K., UFFIUTAL KEPURTER ' UPEKIUR IUURT
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Will the assessment roll present either the husband or the
wife?
MR. MARSHALL: Well, there are some names in that
category that at first glance are going to give us some
concern in passing upon them. I have not been able to
check all the work that was done over the week end,.but
the plan of operation was that if a husband alone signed,
and he and his wife are shown on the assessment roll, that
his signature was at least tentatively counted as a good
protest, tentatively.
MR. MORRIS: What about the wife's signature?
MR. MARSHALL: And vice versa. If there was an
assessee who signed, tentatively, we are viewing those
as valid protests.
MR. MORRIS: Can you state what number"of with-
drawals he received up to 8:00 o'clock tonight.
MR. MARSHALL: I have one batch of withdrawals.
They are right here. There are 82 or 92 separate with-
drawals.
MR. MORRIS:' I would like one more ruling. Do
you think there is a deadline on the presentation of
withdrawals?
MR. MARSHALL: Yes, the deadline on the presenta-
tion of withdrawals is that that was 8:00 o'clock tonight.
That is my present opinion.
MR. MORRIS: So no more withdrawals can be entered
K., VFFlC1AL. KEPURTER ZUPERIUR 9.:UUKT
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i into these proceedings now that the motion of counting them
>, has been started.
MR.-MARSHALL: That is true; unless somebody con-
vinces me the law is otherwise, and that has happened, too.
MR. MORRIS: I just wanted your ruling.
THE MAYOR: Is there anyone else who wishes to
7( speak?
A VOICE: Mr. Mayor, I am Charles Byerly, home owner
in the area, 5159 Coney Avenue. -
THE MAYOR: Have you a protest signed?
MR..BYERLY: In the nature of information, sir.
THE MAYOR: Fine.
3 MR. BYERLY: I would like to know why it is that
the burden of proof be placed on so many at the request of
so few?
THE MAYOR: You are referring to what?
7 MR..BYERLY: The burden of proof of ownership.of
3 1 land.
> THE MAYOR: That is a good question.
MR.. BYERLY: When the source of information is
the same, tentatively.
MR. MARSHALL: Well, in my opinion,the City can
place the burden of proof on.protestants who are not shown
on the assessment roll, and my reasoning, such as it is, 1.8
as follows: That the assessment roll is a public record
which is -fairly easily available to anybody. That is in-.
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WM. G. LYMAN, C. S. R., OFFICIAL REPORTER SUPERIOR COURT
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the County Assessor's office, and it is fairly available
to anybody.- What we have here amounts to the certified cop
of that assessment roll, which we obtained so that it would
be here at the City Hall convenient to people living here;
instead of having to go downtown and look at it.
Now, when'you come to the next category, that is,
persons whose land is subject to a�,recorded written agree-
ment to buy, the purchaser under such agreement to buy
shall be deemed the owner. The City then has a different
problem and the different problem
e p able consists of this: it is
to, purchase from the Title Insurance and Trust Company a
so-called lot book report. *In the lot book report in
their title plan they can pick out a particular lot; and,
of course, give -you the last recorded instrument showing
acquisition of title. Now, in my opinion, the City
Council reasonably can require persons falling in'that
category to file with the City Clerk evidence that they
fall within that category.
MR. BYERLY: Then, sir, it sums up that the City
Council of. the City of West Covina has within its right to
place the duty upon people who do not live within the city
limits of the .city2
MR. MARSHALL: Yes, I can answer that pretty directly
yes. It is not so much that they live outside the City,
it is what the statute says, whether they live in or out,
of the city.
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THE MAYOR: Does anyone else care to speak?
A VOICE:- Mr. Marshall answered part of what I had
in mind, but he mentioned a little while ago about additional
protests might in some instances be filed within a ten-day
period after the Council might certify that they would hear
them. I was wondering how we would be notified that that
was the case?
THE MAYOR: Would you Mq to clear up that point,
Mr. Marshall, in its entirety?
MR. MARSHALL: There will have to be fair notice
given by the City Council of its determination of the
number of sufficient protests, and fair notice given that
the ten-day period within which to file a supplemental
petition is going to begin to run.
Now, the City Council can do that by adopting an
appropriate resolution at a meeting of the City Council.
Offhand, I -don't know of any.requirement that the Council
would need to publish as an official notice in a newspaper
their finding as to the sufficient protests, and their
determination as to when the ten-day period must begin to
run. But I must say this, that it is a*point that I have
not fully researched yet, and my mind is open on it.
THE VOICE: Does that mean, sir,_ that we would have
to call the Mayor every night and .ask him?
THE MAYOR: I wouldn't want you to do that..
MR. MARSHALL: The Council can only meet at
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WM. G. LYMAN, C. S. R., OFFICIAL REPORTER SUPERIOR COURT
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certain times, and what they do officially is a matter of
public record. There is something to what you say. There
is no legal requirement that that information be published
in a newspaper; then, of course, it would be incumbent upon
those interested to check the minutes of each meeting.
THE VOICE: That is what we are trying to -avoid.
It is a lot more convenient for the Council to notify us
by means of the newspaper or something. I think they
realize that.
MR. MARSHALL: Then, of course, there is a notice
in the general news columns of newspaper, and so forth.
MR. HACKLER: Mr. Mayor, I would -like to enter
an appearance. I am Charles K. Hackler, 756 South Broadway.
I -would like to enter an appearance for the proponents
of.this inhabited annexation. With respect to this point
here, isntt it true, Mr. Marshall, that tie published notice
in the newspaper that gave rise to this hearing tonight'
gives all of the people in the annexation legal.notice that
the Council will meet tonight and be given the consideration
bf.°protest. That is legal notice, the same as if the
citizens had been notified by letter in the mail to each
one of them. Once the hearing is opened here tonight and
it is announced to what date this meeting is adJourned
for further consideration of these protests as a matter of
law, that is notice to the same people.
MR. MARSHALL: I would agree with you, yes.
G. LYMAN, C. S. R., OFFICIAL REPORTER SUPERIOR COURT
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MR. HACKLER: In other words,.the proponents on
their behalf -, .I urge upon the Council that there may be
very many -of these people who file protests who are not
physically present tonight. They have a right to be present
and if they are not present it is up to them to find out
if the hearing is adjourned to another date.
Now, that is standard procedure. The most.r.ecent
case on that subject is Fath vs. City of Long Beach found in
125 Cal. Ap. 2nd at Page 520, decided last year, in which
the City of Long Beach had exactly this problem before it.
A large number of protests were filed, and..the
City preliminarily excluded.those protests which did not
appear upon the assessment rolls, and then gave those
protestants a period of time within which to come in and
establish that even though their names were not upon the
assessment roll, that -they had a legal protest by virtue of
being owners of the property. Incidentally, that case,
says even if they can show they are owners with an un-
recorded deed, so that -you can see the City could not
conceivably itself investigate all of these claimants who
are not on.the assessment roll', because they do not even
have to have a recorded deed in order to be a proper.
protestant., if they can establish that they either own the
land or.as counsel said, that they have a recorded contract
to buy the. land.
So I urge -on behalf of the proponents, one, that
Ea. LYMAN, U. S. K., UFFICIAL REPORTER SUPERIOR COURT
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those persons, if they are represented by counsel, their
attorneys, otherwise a public announcement be made that they
have until a certain time when this Council next meets on
the subject within which to come forward with evidence, or
to prepare evidence and come forward at that next meeting
to establish their right, if.any they have, to protest
the holding of .this election; and as to the point this
gentleman raised here as to whether the City can place all
of its burden -upon people, the short answer to that is.that
the statutes are so written that the equalized assessment
roll for protestpurposes of annexation is prima facie
the roll of owners, and once the City goes to that assessment
roll, anyone to overcome that prima facie showing of
ownership, the burden is upon him. After all, he is the
protestant,_ who if he does not fall within the statutory
provision of an examination of the rolls, he must come
forward.
I. might say that your sister city to the north here
handles it exactly the self -same way, because I have been
through the mill up there, and when I file a protest, and
when that boys name is not on the assessment roll, they
do not go down to the recorder's office or anywhere else
to find out if my client actually owned the land. They
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say you commence as quickly as you can, and you prove it,
and that is the law as has been established in these
I urge upon you, so that due process do be accorded
to these people, that so many of -these protests as are not
already found upon -this assessment roll, in other words,
are not there, that public notice be given that those are
available for inspection by all interested parties so that
they can determine if they -have not been found upon that
roll, and they can be notified publicly that they have until
the next. -meeting when this matter comes up to assemble
evidence, and come forward with it to try to get themselves
added to the list. It would be our position as proponents
that only those as of this moment, those protests should
be honored as of this moment, whose names appear upon that
equalized assessment roll, and to that should only be added
at the 'subsequent meetings those who come forward in
person -or by counsel with some kind of evidence that even
though they are not on the assessment.roll, they own the
property for protest purposes or that they have a recorded
contract of sale for.it.
I think that is the -law on the subject.
A VOICE:. Mr. Mayor, may I speak? My name is
Dorothea Wilson. I would like to take a little bit of
issue' with -Mr. Hackler. I believe that the fact that
those"Inames that do not appear, the protestants -- and I
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WM. G. LYMAN, C. S. R., OFFICIAL REPORTER SUPERIOR COURT
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am one whose name does not appear on the assessment
roil at thi,s'time, it would seem administratively and to
the Councils advantage to send those people a card rather
than having them all pouring in here on your necks.
MR. STOKE: I would like to take small issue with
Mr. Hackler, and ask you to examine more closely the
authorities which he.cites.
First of all, the case of Fath involved in arbitrary
and unreasonable action of the City Council in which the
Court held that the protestants were denied their right
under the law.when they were not given a hearing on.the
protests which were denied, and also the statute does not
create any prima facie presumption or prima facie burden
on•the protestant, but rather says that if there are one
of three instances in which a person qualifies, he may
protest. It does not -say that if his name is not on the
equalized,assessment-roll.he must come down here irn..person
after he has already thought that his protest is good and
make another protest. However, the law does say that
every person whose protest is denied must be given a fair
and impartial hearing on that protest, and at that time it
can be established that the person is entitled to protest,
and that could be easily accomplished by what this lady on
my right has said.
THE MAYOR: Mr. Marshall, it seems.to me that
this hearing is whether or not we are going to notify
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YYM. V. LTMAM, G:. D. K., VPFIGIAL KEF'UKTEK OU F'EKIUK �UUKT -
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these people, or whether they have to come down here and
get the information themselves. I think perhaps if that
point were cleared up, why --
A VOICE: I can It hear you.
THE MAYOR: Some of you people in the back cannot
evidently -hear too well. I say that most of the protest:
seems to be whether or not we are -going to notify these
people who -do not appear on the assessment roll,: So
perhaps if that point were cleared up it would answer a
lot of questions here in your minds.
A VOICE: Mr. Mayor, how considerablea problem is
this?
THE MAYOR: I wouldn't know. I haven't counted
these. I don't have the slightest idea how much it is.
MR. MORRIS: We should have some indication of how
frequently this case occurrs.
THE MAYOR: Mr. Marshall, do you have those
separated as of now as to those who appear on the assessment
roll and those who do not?
MR. MARSHALL: Here are the ones that we were not
able to trace to the assessment roll, but again I say this
with caution because they have just been worked over once.
They have not been verified. These are the cards that
were traced to the assessment roll.
THE MAYOR:. How do they total? Approximately what
number are there in the pile that did not -appear on the
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WM. G. LYMAN, C. S. R., OFFICIAL REPORTER SUPERIOR COURT
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assessment roll?
MR. MARSHALL: Those that we traced to the assess-
ment roll total $373,750•
THE MAYOR: I mean just the number of cards, number
of people.
COUNCILMAN KAY: It is about half and half.
MR. MARSHALL: It is approximately half and half on
the cards. We have not traced these on the assessment roll.
Those in my left hand were traced.
THE'MAYOR: Would there be some 200 cards there or
250?
MR. MARSHALL: I think it would be two or 300 cards.
A VOICE: There are eight or 900 cards there.
Let's count them.
THE MAYOR: This is a hearing, gentlemen, and if
you have anything to say, will you please address the Chair.
We are not interested in guessing games. There are no
prizes being offered for the closest. You see, we do not
have too many hearings on annexations of property. It
was not our idea of annexation of the property. Some people
in the area.came to us and asked. So you are here. Some
of you want to come in, some of you do not. We are trying
to weigh. the evidence and we are trying to do it as fairly
as possible. What I am trying to get at here is if there
are not too many cards -- are the addresses on'those cards,
Mr. Marshall;: the names and addresses:?
CIAL KEPORTER 76UPERIUR %.UURI
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MR:. MARSHALL: These mostly appear to have addresses
on them. I remember a fair amount of signatures that did
not have any street address on the cards. -
THE MAYOR: Would it be fair on our part to publish
that list of names in the newspaper, then, as giving notice
to those who do not appear on the assessment roll?
MR. MARSHALL: The statute perhaps does -hot require
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you to give notice, but if the Council decides to give
notice which the statute does not require, that would be
proper. If the Council should desire that, there would
be a question of mechanics which would have to be worked
out before you adopted any formal direction as to giving
notice. The,question had not -occurred to me until it was
raised here, and I would like sometime to consider it.
THE MAYOR:- I believe that we had best skip over
that point then for this reason: We have some protests
that have been filed ,just tonight, and they were handed
to the City Clerk before 8:00 o'clock. They have not been
processed. We cannot separate those with those that do not
appear on the assessment roll. On that point we had better
continue the hearing to some future date, whether it is
this week or next Monday night, in order that this process
might be finished so that we might fairly segregate these
things and make a decision of which would be the fair thing
to do.
Now, is there any other point that any of you want
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WM. G. LYMAN, C. S. R., OFFICIAL REPORTER SUPERIOR COURT
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to be heard on?
•MR. HACKLER: Mr. Mayor, if I may inquire, do I
understand that if you put it over to finish the examination
of the cards and of the protests that came in tonight, that
when it comes up at the next meeting,between now and the
next meeting is it hoped somehow to notify those whose names
appear on some -kind. of a claimed protest, and whose names
are not found? Otherwise, when it comes up the next time
it will still have.to be put off again, because as the
gentleman suggested here, the Fath case, that holds that
the city when it disallows the protest of a protestant must
give him a reasonable opportunity to back it up. In the
case of Long Beach they only gave them a matter of a couple
of hours, and the Court said that is not enough. They are
entitled to more time than that to prepare in order to
meet whatever objections the city has.
I would suggest that some procedure be adopted so
that when it.comes up at your next adjourned meeting, when-
ever it is, there can be a definitive ruling, one way or
the other, because under your Resolution you have noticed
the intention -to hold this election at the June 5 time.
You would -not be able to do so and get the necessary
advertising in if this matter is put off until next week
merely to check what protests are here. The same people
would then assemble and you would determine that a certain
number of them, and they are named, are not found, and then
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clearly under the law those disallowed protests are
entitled to a reasonable time, a matter of days, I would
say, certainly; to come in and support their protest as
against whatever objection has been made to it.
Do. -you follow me on that, Mr. Marshall?
MR., MARSHALL: Yes, fairly so. I was going to
suggest to -the Council that after the Council has heard
everybody who wants to.be heard tonight, that before you
adopt any -formal resolution -that you -excuse Mr. Cornyn and
myself so that we could devise something in the way of a
formal resolution, and then bring it back to you for your
official action,.because it is nearly impossible now to
make any.specific direction orally to you concerning the
form and.the content of that formal resolution.
So when you have heard all who want to be heard,
if you will excuse Mr. Cornyn and myself, we will try to
work out some formula by way of a resolution that will meet
the various contentions raised, which in our opinion might
need to be met.
MR. MORRIS: I just want to know where this informa-
tion and data is being kept? I•want to know where this
information is being kept in case anybody interested in
protesting wants -to examine it.
MR. MARSHALL: In the office of the City Clerk.
MR. MORRIS: And you are doing your work there?
MR. MARSHALL: Off and on. Some I do -there, and ,
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some I do at my office.
A VOICE:, My name is John Krolich, 5106 St. Marlor.
I .have checked over about 1500 names-, and I saw the addresse
and as I remember, they were handed in Friday and today.
There are quite a few of them.
MR. MARSHALL: I might say that all of these matters
are public records,,the protests and -the withdrawals, and
they are on file in the.Clerkis office and anybody can see
them at any time during business hours.
THE.MAYOR: The gentleman in the second
g on row.
A VOICE: My names is -Edwin Westover of 1627
Masland Street. I would like -to know how approximately
1550 to 2000 people are going to get into these Chambers
to hear these hearings so that there can be a fair hearing?
THE MAYOR: Of course,- you realize that when -you
file a protest here, a written protest, that that protest
is filed and they do not have to follow along and make sure
it is counted. It is in there and verbal evidence along
with it is not necessary, as far as that goes. Now, are
there two or 300 people outside that want to be heard
tonight; is that what you are getting at?
MR. WESTOVER: No, sir, these -people that aren't
on that roll over there.
THE MAYOR: We will devise some method before we
get through here this evening that will answer that question
for you.
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WM. G. LYMAN, C. S. R., OFFICIAL REPORTER SUPERIOR COURT
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'MR. WESTOVER: Thank you.
THE MAYOR: Is there someone else who cares to
speak?
MR. HACKLER: Mr. Mayor, one question of the
Council: I take it, you are not disposing of tonight the
question of whether these protests are formally correct?
I have certain objections to some of them that I know of.,
and I have not, since the meeting has been devoted entirely
to mechanics of handling numbers, I do not want to be in a
position of having waived objections to the form of
substantially all of the protests themselves.
MR. MARSHALL: I would suggest, Mr. Hackler, that
you state your protests at this time, and then we won't
have any question about waiver.
MR. HACKLER: In response to counsel, I might state.
into the record on behalf of the proponents that I wish to
object to the allowance of any of the written protests on
file where any of the following circumstances appear:
First, I object to each and every protest which does not
contain upon its face a recital that it is a protest against
the holding of election. I say that because it has come
to my attention that a substantial number of the protests,
particularly those that were brought in here within the
last few days on a petition form, were multiple signatories,
have the following information on them:
"To all whom it may concern.:
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"We the undersigned property owners protest the
annexation of our property into any city or
municipality."
On behalf of the proponents, I move the disallowance
of each and every one of those protests because it is not
a protest against the holding of any election whatseover,
and certainly not a protest against this city holding this
particular election.
The statutory provision is quite clear that the
protests called for b the statute to be lawful must be
a protest %ainst the election. You will note, too, that
the many petitions of that character are not even addressed
to this city. .Now, to show that that is not just a technical
objection, in a very short period of time the proponents
went out and got upward of a hundred, I think, 92, to be
exact, withdrawals of people who signed protests of that
kind, in a very short period of time.
It came to our attention that people who signed
that. .protest did not realize that they were protesting
the setting up and holding of a secret ballot election,
because there is nothing that recited that. It was as if
they were taking a poll of their present opinion as to
annexation to any city. That is not the purpose of the
protest. They readily -signed withdrawals because they
said, "Well, while our present view might be against going
into a city, we do not have any objection to putting the
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thing.up to a secret ballot vote, hearing the pros and cons
for the election, maybe retaining our present view of
possibly changing it.
So, when I make that objection it is not a technica
objection. It is one that goes to the very heart of the
protest.
I object to each and all of the protests insofar as
they do not recite the approximate area of the real property
of the protestants sought to be protested. I think well !
over half of those protests simply have a name down, and
an address, and a.date. One may assume perhaps that the
address is the address of the real estate property protested
because these protests are of real estate, not of tax
payers. They are not voters. They are of real estate.
Even if the Council could make a finding that the residence
address -
(voices heard from the audience.)
MR. HACKLER: (Continuing) Just a moment, please.
I am entitled to make a record here.
THE MAYOR: Be quiet.
MR. HACKLER: Even if the Council could find that
a name followed by,the address, that that address is an
informal way of designating the property, nevertheless,
Section-35120 of the Government Code specifically says that
it shall include the name, the address, and the area of
the property sought to be protested.
WM. Y5. LiMAIY. l:. D. K.. VFYIC:IAL KEf VKl-ER DVI'E RIVK 4rVUKl
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Insofar as any and all of these do not have that
area, they do not meet the statutory requirements and the
City is.not lawfully -entitled to honor those protests.
Now, finally, I object to each and all of the names of
the.protestants whose signatures.are not authenticated. I
have reference to the petitions with multiple names upon
them.
Now, it may be that -a city does not have -to use
lawful evidence to establish the authenticity of the
signature. For example, if a man writes a letter, and it
comes to the city official saying, "I protest to the
following described land which I own," or, if he walks in
and drops it on the counter. There are cases to that
effect, actually. But where you have ---
(Voices from audience.)
MR. HACKLER:. Will you accord me the privilege of
making a record, gentlemen.
A. VOICE: Make the record.
MR. HACKLER: (Continuing) I am entitled to make
a record. This matter is going to end up in court, and
you gentlemen know it.
With respect, however, to petitions that have been
circulated by.undisclosed persons.; and filed with this City
by undisclosed.persons, I think ---that the City is within its
rights and it ought to require some -authentication -that
those signatures are the signatures of persons that'they
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purport to be.
Now, I point out in that connection that the
petition for annexation, which was -filed here by my clients,
the proponents of 25% of the registered voters, religiously
adhered to that principle in that upon each and every page
of the petition there was an affidavit of an individual
who swore upon oath that each and every one of those
signatures were signed in his presence, and he is the
sponsor of that petition and can be called upon, if there i
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is any question as to that authenticity.
Anybody can walk in here and drop some 62 pages of
names on papers. I say that that -does not carry its own
badge of authenticity, such as perhaps a personally addresse
letter or even a communication that some citizen walked in
and dropped on your desk. So I want the record to show --
and before the hearings are concluded ultimately --
proponents will expect a ruling upon that objection to
each and every one of these petitioned signatures insofar
as they have not been and are not authenticated.
(Voices heard from audience.)
THE MAYOR: May we have it quiet, please.. The
gentleman in the back, please.
MR. STOKE: I am very sorry to take so much of the
Council's time. I feel it is necessary that I do so.
THE MAYOR: Would you state your name, please,
again.
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U. LYMAN, C. 5. R., UFFICIAL REPORTER SUPERIOR COURT _
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MR. STOKE: My name is Stoke. First of all, after
all this matter in regard to the election, and the protests
being addressed specifically, I once again cite the
authority which Mr. Hackler first brought up. It is
specifically -stated in that case that the election is
merely a step in.the annexation proceedings. Furthermore,
as I stated in that case, and several other cases, protests
are not -a matter of formality. Informality is looked upon
with favor by all the courts, -and the law. The reason for
this is that the individual and people who are not them-
selves lawyers or who could not have counsel, who make up
these protests, and are compelled to do the best they can
to present their protests to the Council, and if these
protests are clear and show the name of the owner, and
as in the words of the statute, give the general informa-
tion to the Council, that is satisfactory.
Now, as to the matter of the area not being shown
upon the protest, I understand that there are certain cases
in which the areas have not been stated. However, I
further understand that as to those.areas they represent
single lot residences on which the people who signed the
petition live, and therefore the property being protested
can be readily identified, and is clear to the Council. -
The statute only requires the general information and not
any specific information. It does require specific items,
but in a general form.
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Now, there is absolutely no requirement in the
Code or the statutes that these names be authenticated or
sworn to before a notary. Since there is no statute, no
requirement in the statute, I cant imagine why the City
Council now would require such authentication of these
protests.
THE MAYOR: You realize, of course, this is a
hearing to hear both sides of.it.
MR. STOKE: I appreciate Mr. Hacklerts views.
THE MAYOR: There are many legal questions coming
up here, and before we rule we will certainly have rulings
on them before we make our decision. The gentleman in the
back.
A VOICE: My name is Robert Graves. I live at
4816 Roxburg Street in the area that is supposed to be
annexed. I would like to ask one question of the Council
at this time. Mr. Hackler, not living in the area, seems
to represent someone or some group. I would like to know
just exactly who he represents and why he is so vehement on
this situation.
THE MAYOR: Do you live in the area?
MR. HACKLER: No, I represent the proponents, Mr.
Vaughn and his wife, and Mr. Cox and his wife, the persons
who filed the notice of intention to initiate this proceedin
and who initiated before this Council, under whose auspices
25% of the registered votors were filed with this Council,
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WM. G. LYMAN, C. S. R., OFFICIAL REPORTER SUPERIOR COURT
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properly authenticated in all respects.
If there is any question about representation we
might ask what interest the Consolidated Rock Company has
in the authenticity of the names on the petitions. We
might inquire whether they circulated the petition, and
if they did, perhaps they can produce the people to
authenticate the signatures.
I think that the Council might properly ask who
were the people that brought in these petitions. They
certainly were not the circulators of all these petitions;
nor were they the individuals who signed them.
THE MAYOR: Do you have a question?
A VOICE: I have an answer for Mr. Hackler.
THE MAYOR: This is a hearing for our information.
THE VOICE: It is for your information. I am
Murray H. Langdon of the Dalton Home Owners Association.
I live at 1557 St. Mallow. I think -Mr. Hackler is confused,
and I have a receipt for every protest that we brought in.
Mr. Flotten gave each signature his acceptance, and there
are the names.
THE MAYOR: I am sure we will check -into that.
This gentleman over here?
A VOICE: I signed the signature on a protest,'and
if he thinks we are liars he should say it. We are not
liars. We are not liars. We don't want to be annexed.
THE MAYOR Do you have something to say?
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U. LYMAN, U. S. R., UFFICIAL REPORTER SUPERIOR COURT
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MR..MORRIS: I want to offer one thought before
this matter is submitted for your consideration.. The
City Council at any can drop annexation proceedings,
and I am -sure that the City Council would want to adhere
to the wishes of the majority of the residents and the
owners of over one-half of the value of the land, and they
would not seek by technicalities such as presented here by
Mr. Hackler, to bring out protracted litigation, especially
when your counsel would probably advise you that there would)
not be much merit in such protracted litigation.
THE MAYOR: Are there any other points?
A VOICE:. My name•is William Aldrup, 4653 North
Lark Ellen Drive, Covina. I am probably out of line here
but these people keep talking against the protests. I
myself am for it. I have gone into Council meetings of
a neighboring city here a few years ago. We did not like
what they were doing. We could not do anything about it.
We did not have any representation. We•went through this,
but here recently, why, we want to come into West Covina,
why, we feel that we will be able to come up before a
decent Council, honorable men, business men, professional
men, and air our problems. And there have been problems.
I am sure the Council is.well-acquainted with it. We
ourselves are trying to protect our property, you might say.
We want to come into a city that is fair and decent.
THE MAYOR: Is there any new point to be made?
C:. W. R., VFFICIAL REPORTER WUPERI0R %wQURT
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A VOICE: My name is Victor Caldron. This man was
saying he wanted to be represented by a fair Council. I
hope he didn't mean to infer that the County government was
unfair.
THE MAYOR: I think we can get into a lot of
inferences here. This gentleman over here.
A VOICE: My name is Mike Martinez. I live at
16042 G:entral Street, Irwindale.
- THE MAYOR: I cant hear you:'
MR. MARTINEZ: I say my name is Mike Martinez. I
live at 16042 Central Street in Irwindale. I have lived
in that village many years. You people are talking pretty
hot talk here, and for me, I don't understand anything, but
I do -understand that years past no city wanted us, not even
in their parts. Now, what can the City of West Covina give
us way over there? What can they give us more than the
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County has given us?- We haveAgood fire -department. We have
a good police department-: We have good water systems.
What can they give us?
THE MAYOR: That is a good question.
MR. MARTINEZ:• If they want us in their city, why
do they want us, not because they like us. They must want
something from us. I represent quite a few people over
there. -I was in the Mountain View -Home Owners Association, -
and we used to get together.. We do yet." None of -them want
to be in any, city. We have nothing against West Covina,
WM. G. LYMAN. C. S. R., OFFICIAL REPORTER SUPERIOR COURT
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understand that. We have nothing against West Covina
or any other city, but we are satisfied with the County.
The County has given us fairly good roads, -and everything
else. -If we get into the City of West Covina or any other
city we are a blighted area over .there, as it is called.
I know that the police department of this city.or any other
city isn't going to give us the protection that the County
is giving us. So why belong to West Covina or any other
city, as far as that -is concerned. We want to stay as we
are.
THE MAYOR:, The gentleman in the back.
A VOICE: 'I live at 4843 Aspen. I have got a
question I would like to ask of the gentlemen. I am no
lawyer and I don't -intend to be. What is your opinion --
you can all. answer, if you please, or.one -- of an -American
citizen, can he.protest with his name only what he wants
to protest, or are we going to bring a bunch of legal terms
into it, where there is the greatest majority of the people
can't even talk on it, can't even say the words, to say
anything about understanding them: He can understand his
own law books. It is all opinions. That is all I have
heard here tonight.
THE MAYOR: I think it will be done.fairly and
squarely, and it will be done according to law, which.
gives all the little fellows you talk.about a chance.
A VOICE: You people tonight, with his opinions,
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are trying to divert the law against us.
THE MAYOR: Just a minute. This is a hearing.
There were some people in this area that asked the -City of
West.Covina if they could annex. Petitions were circulated
and the proper number, of signatures appeared on those
Petitions for this hearing to be called to see whether or
not you wanted to come in. We are not after you.
..A VOICE: Honest, honest?
(Voices from the auditence.)
A VOICE: I walked: my legs off ever week end getting
g y g g
signatures and I know how many people want to stay in the
County, and he stands up there and says half of us don't
count.
MR. WESTOVER: My name is Edwin Westover, again,
sir. I would like to say that yesterday while Mr. Rafferty
was out getting signatures .for withdrawal, he threatened
me to get my signature on one of those withdrawals. He
had five other men with him'. I would like to find out what
kind of an investigation could be made into that, on the
original petition that they brought in, how many people they
threatened.
MR. RAFFERTY: Let me answer that question. Why
don't you stand up like an American and tell the truth.
(Voices from the audience-.)
MR. RAFFERTY: Pardon me. I want to answer the
question. No argument, but as far as an argument or
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WM. G. LYMAN, C. S. R., OFFICIAL REPORTER SUPERIOR COURT W 42
threatening him, -I walked up to him when he was talking to
this man and I said, "How is everything?". And he started
to argue about fire departments, and his views. He said,
"Get out of here." I said, "Okay," and 'I left. What do
you mean threatened you?
THE MAYOR: Is there a new point'to be made?
A VOICE: My name is Eugene Mifflin. I am at 16737
Greenhaven. I was at work last night, yesterday evening, i
and one of these fellows,. I don't know which one, came
down for the same thing that was brought up just now. My
wife is -pregnant. She can't help herself. They threatened
my wife because she wouldn't sign, and I don't like that.
I am not going to stand that. I have got a loaded gun
or I will get one.
THE MAYOR: Is there anything further?
MR, LANGDON: I am Mr. Langdon of the Dalton Home
Owners Association. I have an affidavit -that I would like
to get you to read and enter into the record. (Document
handed up -to Council.)
THE CLERK: This paper is dated Monday, March 26,
1956:
"To the Honorable City Council, City of West Covina.
"Gentlemen:
"A man came to my door Sunday, March 25th, and
asked me to sign a petition to cancel my original
protest petition. I said, 'No, I won't. I want
L� _
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my protest to stand., I said, 'I thought there
was to be a meeting Monday night on -the 26th of
March on the protest I signed.' He said, 'The
petition,I signed had been killed and there wasn't
to be a.nymeeting Monday night. The only meeting
would be on his petitions.When I refused to sign
the petition again'. -he told me I may be sorry I
didn't sign his petition."
It is signed "Maxine Mifflin, 16737 Greenhaven
Avenue, Covina. Witness.to signature Victor Caldron,
4902 Roxburg Avenue, Covina."
It is subscribed and sworn to on the 26th day of
March, 1956 in the County of Los Angeles, State of
California, by a notary public whose commission expires
.on April 23, 1958, and I believe his name is Reynolds. I
cannot read the initials.
THE MAYOR: Fine. If you will enter that in the
record.
Ladies and gentlemen, I believe that we will
probably call this to a halt now, and we will continue it.
I would like to sum it up as I see it. If 2'.ain wrong,
members of the Council, you may correct me.
You two counsel would like to get together and
form some sort of a resolution to act on.
MR. MARSHALL: To.act.on tonight, if possible..
(Discussion by Council.)
Ei. LTMAN, G. S. N., UFFICIAL KEPORTER SUPERIOR GOUR7
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THE MAYOR: Do you want to Out this list in the
paper so they can see who they are?
MR. KAY: I think the advice of our counsel should
follow on that as to procedure, but I definitely think there
should be nothing done to withhold .the information from the''
people, yes.
(Discussion re resolution.)
MR. MARSHALL: I would like to have a half hour to
try to work out some resolution that would attain all those
purposes, and bring it back and submit
it to you. If it
meets with your approval it could be adopted tonight, and
the hearing in that fashion moved ahead a little bit
faster.
THE MAYOR: Supposing we take 45 minutes, would that
be sufficient?
MR. MARSHALL: Forty-five minutes.
THE MAYOR: I know there are a lot of people here
who would like to hear what goes on. There are several
hearings here. we have probably two hours worth of
business. It is -"now 9:30. At quarter past ten or near to
that time we will try to have a reading of that resolution.
So those of you who would like to .adjourn and then come
back at about that time you may do so. The hearing is
closed and adjourned to that time.
A VOICE: Mr. Mayor, would you publish that list of
names in the San Gabriel Tribune.?
ti
C:. b. K.. UFFICIAL KEPORTER SUPERIOR COURT
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THE MAYOR: I think that that will be-all
incorporated in this resolution when it comes in. No
action will be taken until 10:15.
(Recess.)
THE MAYOR: Do you have a recommendation for a
resolution?
MR. MARSHALL-: Yes, I do, your Honor.
THE MAYOR: Do you want to read it?
MR. MARSHALL: Yes,. your:Honor.
'THE MAYOR: You people who are -concerned with
these annexation proceedings, the resolution that the
attorneys have prepared will be read to you now.
MR. MARSHALL: This is the time for the resumption
of the -hearing of protest on Northerly Annexation District
No. 139. . .
Counsel recommends that the City Council adopt the
following motion: (Motion read.)..
I will ask that that be marked Motion -A for
identification.
The next motion I will ask be marked Motion B for
identification.
(Motion read.)
THE MAYOR: You have the recommendations before
you. Are.there any comments?
(Discussion by.Council.)
L;. D. K., UFFICIAL KEFORTER SUPERIOR 9,:OUR7
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MR. SPERLINE: I would make' -such a motion as
was read by our legal counsel.
MR. BROWN: Second the motion.
THE MAYOR: We have a motion and a second. Is,there
any question?
(No response.)
THE MAYOR: Would you call the roll, Mr. Clerk.
(A roll call was had, and the motion was carried
unanimously.)
THE MAYOR: On the next motion,. 7
Motion B do we have)
a.motion on that?
MR. KAY: I will move that we adopt Motion B as
read by the legal counsel.
MR.. VAN HORN: I will second it.
THE MAYOR: We have a motion and a second. Will
you please call the roll, Mr. Clerk?
(A roll call was had, and the motion was carried
unanimously..)
THE MAYOR: A motion would be in order that we
continue this hearing.
MR. SPERLINE: I move that we continue this hearing
to April 9th at 8:00 o'clock.
MR. BROWN: I will second the motion.
THE MAYOR: It has been moved and seconded that
this, hearing be continued to April 9th, at the hour of
8:00 o'clock p.m. Will you call the roll, Mr. Clerk.
U. LTMAN, G. S. R., OFFICIAL KEPORTER bUPERIOR UQUR7
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(A. roll call.was had, and the motion was carried
unanimously.)
THE MAYOR: All you people understand, then, that
on April 9th at 8:00 o'clock this matter will be considered
agaiA.
(Whereupon an adjournment was taken to Monday,.
April 9, 1956 at the hour of 8:00 otclock p.m.)
Yi.'LilY1AM.. V. D. R.. VPFIf.:IAL KEYV KICK �J UYCKIVK {..V UKI
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STATE OF CALIFORNIA, )
ss.
COUNTY OF LOS ANGELES. )
I, Wm. G. Lyman, a notary public in and for the
County of Los Angeles, State of California, do hereby
certify that'the foregoing pages comprise a true and
correct transcript of the proceedings of the City Council
of the City of West Covina, California, on March 26:, 1956,
re Resolution No. 891 - Declaring intention to call a
special annexation election and fixing a time and place
for protest by property owners.
Dated this ?nth day of April, 1956.
wl��