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04-16-1956 - Regular Meeting - MinutesADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA April 16, 1956 The meeting was called to order by Mayor Hurst in the West Covina City Hall at 8:13 P.M. Present: Mayor Hurst, Councilmen Kay, Van Horn, Sperline, Brown Absent: None Others: City Manager; City Clerk and Asstt. Administrative Officer;. City Attorney; City Treasurer; City Engineer; Mr. V. Walters, Chief Finance Officer; Mr. M.C. Gerschler, Planning Department; Mr. W. Nollac, Sanitation Engineer. WIMUNICATION-8 None ITEM NOT ON AGENDA Mrs. M. VanDame'stated that she wished to bring a matter before the Council before adjournment of the meeting. It was consensus that this could be heard after items on Agenda had been given atten- tion of Council. WRITTEN City Clerk stated that the Council had directed the COM141UNICATIONS Planning Commission to make a study in regard to -appli- cation for annexation, in the form of a petition, from property owners of Rockway Drive and Willow Street. Property located on the southern boundary of West Covina, approximately 450 feet south on Willow Street and 750 feet west on Rockway Drive. The City Clerk read from the Minutes of the -Planning Commis- sion meeting of 3-21-56 which stated "Motion by Commissioner Towner, annexation be postponed until such time as a larger area can be considered." (See action by this Council later in these minutes) The City Clerk presented and read -a communication dated April 6, 1956, from the City- of Covina per Clarke Chapman, City Clerk. This communication gave notice of time and place for hearing protests on Proposed "Westerly Annexation District No. 27" on May 7, 1956 at 7:30 P.M. in the Covina City Hall. Copy of Resolution No. 687 of the City Council of Covina was attached. PRECISE PLAN NO. 78 Location: West side of Sunset Avenue between Francis - and quito Avenue and Delvale Street. Request: C-1 and R-P CHANGE NO. 72 uses. Held over from April 9th for further study. Reade & Knight City Clerk presented and read a communication dated HELD OVER April 16, 1956 from Peter F. Schabarum, for applicants, requesting that any decision relative to this Precise Plan and Zone Change be postponed for a period of two weeks because of changes to be made in Precise Plan as submitted. Motion by Councilman Brown; seconded by Councilman Kay and carried that Precise Plan No. 78 and Zone Change No. 72 be held over at the request of the applicant. PRECISE PLAN NO. 80 Location: West side of Barranca Street, between Walnut and Creek Wash and Virginia Avenue. Request: R-3 Use and" ZONE CHANGE NO. 62 Adoption of Official Precise Plan. Existing Zone: R-A, Arthur M. Daniels Potential R-3. Held over from April 9th for further study. HEARING CONTINUED Adj. C.C. 4-16-56 -2- Mayor Hurst: We had some reports given to us at our last regular meeting regarding this matter. We have also received another report since that thime. Perhaps the members of this Council should state their feelings in regard to this and make recommendations that you may wish to pass on to the incoming Council. Councilman Nan Horn: I feel +hat this Council, instead of acting on this Precise Plan and Zone Change, should make individual recommendations to the incoming Council as to our findings in public, hearings and also in the report given by Planning Consultant, Mr. Bennett, in order to avoid any further delay. Due to the fact they (the incoming 'Council) have to act on ordinance covering this matter, without our recommendations the new Council would not know whether to pass ordinance or not. If we make recommendations they will have vailable the necessary data to act on the ordinance, either pass it or turn it own or do whatever they see fit to do with it. Councilman Sperline: In the report received from Mr. Bennett it was brought out that under our present ordinance anyone going into'Area III would have to provide 1800 square foot dwelling areas per unit. We have not set up a definite plan for multiple dwellings in Area III, IV or II. I think that should be done immediately and think those recommendations should also be passed on with other recommendations. Councilman Van Horn: I am going on record as being in favor of this zone change due to the fact that it has been set by this Council as a potential R-3 zone. I would like to see the Planning Commission make immediate recommendations as to this minimum area per dwelling unit so as not to delay the new Council and new decision be made on the minimum area per dwelling unit. I am inclined to believe that the area between dwellings and garages should have very close study and perhaps be made wider. More Precise Plan in screening, not only this particular appplication but all R-3 areas, from residential (areas). There could be a little more specific architectural designs shown on the plans as to buildings and placement. Also believe there should be a wider street on the Southerly portion of the property. Councilman Kay: Before we can consider the application Ithink that if we are going to adhere to a rigid Precise Plan in order to grant R-3 in area I think we would have to have a greater detailed plan. A plan showing much lighter use of the land which is a very important factor not taken into account. OWGerschler has stated there are 7-1/2 net acres to handle these buildings and if e*would consider the use requested here I do not think we could consider, in my opinion, having the number of units or people on these 7-1/2 acres as indicated in the Precise Plan. Certainly many changes of the nature of street widths, one or two story buildings, would have to be resolved as a policy matter and use to fit into the matter. Perhaps we should study further the affect of putting in R-3 but if it goes as presented I think the applicant asks for too much for the area involved. Councilman Sperline: I have expressed myself in this matter and I think the Council acted wisely. I think the R-3 should definitely be in this area. However, I do feel it is a shame that we have been unable to make a•firm decision because we did not have the mechanics with which to work. That is all we are lacking. As far as exact design of buildings and layout of houses we have not required that in other developments and do not think incoming Council, in my opinion, should be concerned how they are actually designed. If they are going .to have people design to city's wishes a committee should be set up, a building committee, and have plans approved if you are going into that. I think a Precise Plan was put on this to Adj. C.C. 4-16-56 -3- Councilman Sperline: Cont1d insure the cityts getting curbs, guttersp paving, street improvements and other concessions, and if the time has come to go further I do not want to be a member to recommend it. We do not.have the mechanics set up for multiple dwellings and I think it is impossible to build at the 1800 square feet requirement now speci- fied. I.am not in favor of requiring 1800 square feet per dwelling. Councilman Brown* I think we have the mechanics to handle it aslong as we have certain things set up in zoning ordinance. These are all sub -standards according to ordinance zoning and could not go along with this. I believe rest of the points have been covered pretty well. • Mayor Hurst: in regard to the mechanics talked about it seems that our former planning director stated in his comments that there was either a typegraphical error or an error in judgement in the ordinance written and also said this was a zone change matter or a variance and those things could be corrected in such a zone change or variance proceedure. This has been a controversial case and a number (of people) seem to be concerned whether I should voice my opinions on this. I believe we should leave this matter to the new council to come up with the proper answers. I think you have the expres- sions of opinion from the two Councilmen that are leaving, stating their thinking this should be changed to R-3 on one hand and on the other hand that the mechanics should be changed so it could be handled not as an individual case but as one applicable for all. Would also note the conclusions from the other Councilmen present. Motion by Councilman Kay, seconded by Councilman Brown and carried that Precise Plan No. 80 and Zone Change No. 62 be continued until meeting of May 14, 1956. Not Voting - Councilman Sperline' ZONE CHANGE NO. 59 Location, SW corner of Vincent Avenue and Workman Avenue. and Existing Zone: R-1. Request Zone: R-P. Report of Mr. PRECISE PLAN NO. 64 Bennett, Planning Consultant. Moser HEARING CONTINUED Councilman Van, Horn: I am under the same opinion that perhaps this application should be handled`in the same;manner as the previous Precise Plan and Zone Change on the agenda, with recommendations from this Council to the new Council. They are the ones that will have to act on zoning. Councilman Sperline: We hired Mr. Bennett to give us recommendations on this matter. He gave us recommendations in regard to this specific area but it was my opinion that it was to be a recommendation not only on this specific area but all areas from Garvey north to Workman. The report was strictly on the immediate Precise Plan and Zone Change. There was a question in regard to holding this over and that if it is held over the Planning Commission felt they would not want to consider this area here at all and therefore would not consider Precise Plan. I fail to understand why they (Commission) are afraid to consider area and possibility of TICtt zoning in area. As I stated before we have an area of Garvey on the southi Vincent on the east and Workman on the north, and it seems it would warrant C-1 and C-2. However,, Mr. Bennett's first statements after Adj. C-C- 4-16-56 -4- Councilman Sperline.* Cont'd interviewing him and given reports on this work stated many times "that is a good condition where you can buffer R-1 zone with medical building between proposed . commercial' which is proposed on Garvey. I wonder in my mind whether this should be looked into a bit more deeply pertaining to the whole area in here. We ha -re quite a bit of R-P but most people I have talked to say, 'but try to buy it'. Mr. P. Gordon, for applicant, stated, "I wanted to question whether this Council should act or the incoming Council should act? I do say that this is the tenth meeting in connection with this matter and this Council is familiar with all that has been presented. It would seem in interest of applicant, because this Council •has the specific knowledge of the case, most suitable for this Council to make its decision in regard to the application. For that reason I would like to make a request that this Council consider a decision this evening. I would also wish to argue in regard to report made by the Planning Consultant and have the opportunity to speak in regard to the report and situation. .Councilman Van Horn: The recommendation and thoughts to the new Council is that this R-P zoning was specifically'established for residen- tial -professional purposes* Other zones as C-1. 2 and 3 and M zones have -nothing to do with the a:prticulars of this particular R-P zone. As.for R-P zoning we have some on Azusa. This property is along -qay from Azusa and close to potential C-1 ,zoning. I agree, perhaps, that it (R-P zoning) is over done at particular point at Azusa Avenue but we are talking of Vincent and Workman Ai.renues at this time. I have been on this Council for quite some time, and we have made.a lot of decisions. You can call this 'spot zoning' if you like but my definition of spot zoning is zoning directly without a Precise Plan. This has a Precise Plan and is not 'spot zoningto We have has such zoning as this before and I do not see any bad affects from it. A doctor is someone we all have to call on at some time or other and if - he is handy we are glad of the fact. I am in favor of this zoning but not in favor of the Precise Plano I:think it should be pointed to something more in the type of a similar zone given on Irwindale and Rowland. I do not think that anybody living near it would be dis raced and after it is completed.would be glad to have it. I think the new Council whould give great consideration along these lines. Councilman Brown:, I was absent at the public meeting in this matter and would not be qualified to vote on it. Councilman Kay: I studied the requested report from the 'Planning Consult- ant' In my mind it was a question of whether it was good zoning or not. "In the summing of the report it seems to state that 'sunder circum- stances not sufficient public necessity to warrent approval of application". The Planning Consultant was asked to consider zoning between Garvey and Workman and the report back was no need to consider commercial or R-P zoning at this time. I think I will go along with the Planning Consultant and recommend denial. Mayor Hurst.- On this particular area we did not give it a particular status when we changed our zone map. It is a major high- way such as Azusa with the only difference being that Azusa 'goes all the way through. I think the whole area warrants more zoning. Perhaps it would be 'spot zoning' to Adj. Coc. 4-16-56 .-5- Mayor Hurst: Cont'd give small area on one corner. Should give more thought to whole area, Garvey up to and including this area. Something other than R-1 will probably happen here and it would be good to plan for it now. If certain portions of such things are good on Glendora and Azusa then it also should be good on like streets. I f&el that Vincent would be considered a like street. I would be.in favor of,grenting zone change in this area. after study of area linking it all together and not neces- sarily connected with thib Precise Plan. Mr. P. Gordon: It is our view at this time that whatever vote this Council has we would be inclined to want to receive- it. I appreciate the procedure that Council has outlined iA stating what they feel is necessary. • However, we feel we would be entitled to official decision of, the Council this evening due to the fact of the time problem in the past and in reference as to what has 'done before. Councilman Brown: If we passed a decision tonight there would be no one eligible to hear the first or second readings of an ordi- n&nce in regard to this matter except Councilman Kay. Motion by Councilman Van Horn, seconded by Councilman Sperline and carried that Zone Change No. 59 and PrecisePlan No. 64 be held over until May 14, 1956 for the action of the new City Council. AMENDMENT OF ZONE MAP Recommended for approval by the Planning Zoning Designations to the center Commission on 3-7-56. Held over from line b.f Streets Alleys., Washes, etc. April 9th for further study. (City Initiated} APPROVED City Attorney stated, "The purpose of Planning Commission's approval of this amend- ment of the zone map was to indicate that in event that a portion of street, etc. is abandoned then portion so abandoned would receive same zoning as on adjacent property. The streets were never actually zoned under zoning map but if Council takes action to approve this, appropriate ordinance can be drawn up by City Attorney. Motion by Councilman Kay, seconded. by Councilman Van Horn and carried that Amend- ment of Zone Map for zoning designations to the center line of Streets., Alley., Washes, etc. (City Initiated) be approved and that the City Attorney be requested to bring in proper ordinance regarding this, matter. TENTATIVE MAP OF Tentative Maps of 'Tract No. 22831 were presented by TRACT NO. 22831 (revised) the City Engineer. Location., South of Walnut Creek Horney Corp. Wash, between California and Service Avenues 6.7 Acres - APPROVED. 32 Lots - Area District I. Approved by Planning Commission 4-4-56. Held over from April 9th at request of applicant,' Mr. Gerschler read the recommendations of the Planning Commission and City Engineer as follows-. that all lots conforM to Area District I requirements. 2) That all street improvements outlined in Section.49, Ordinance No. 225, including utilities, be installed accordingly and meet the approval of the City Engineer, this to include sanitary sewers. Adj. C.C. 4-16-56 -6- 3) Provide and improve storm drain easements or furnish Drainage letters satis- factory to the City Engineer. 4) Dedicate vehicular access rights along California Avenue to Lots 12 and 130 5) That a one -foot lot at the westerly end of "All Street be dedicated to the City of West Covina in Fee Simple. 6) That the disposition of any existing buildings.be shown. 7) That Block Study No. 39 be revised to conform to this tract map. That driveway turnarounds be provided on Service Avenue. Motion by Councilman Sperline., seconded by Councilman Brown and carried that Tentative Map of 22831 (Revised) be approved subje ct to the recommendations of the City Engineer and ?lanning Commission. RESOLUTION NO. 920 City Attorney presented and reed Resolution No. 920 ACCEPT DEED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST PRECISE PLAN NO. 11 COVINA,, CALIFORNIA, ACCEPTING GRANT DEED COVERING REAL Babson & Associates PROPERTY TO THE CITY OF WEST COVINA FOR STREET AND HIGHWAY ADOPTED PURPOSES (Babson & Associates),It Motion by Councilman Kay, seconded by Councilman Brown that Resolution No. 920 be adopted. Motion passes on Roll call as follows. - Ayes., Councilmen Kay, Van Horn, Sperline, Brown Noes: None Absent: None Not Voting.- Councilman Hurst RESOLUTION NO. 921 City Attorney presented and read Resolution No. 921 Exchange and transfer of certain ItA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Municipal Property between the WEST COVINA, CALIFORNIA, AUTHORIZING AND APPROVING City and the County THE EXCHANGE AND TRANSFER OF CERTAIN MUNICIPAL ADOPTED PROPERTY." Motion by Councilman Brown, seconded by Councilman Sperline that Resolution No. 921 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Kay., Van Horn, Sperline, Brown, Hurst Noes: None Absent: None RESOLUTION NO. 922 Motion by Councilman Brown, seconded by Councilman Van Horn ACCEPT POND that Resolution.No. 922 . be adopted accepting General SEWER IMPROVEMENTS Casualty Company of America Bond No. 332350 in the amount Tract No. 15P60 of $17.,000.00 to cover sanitary sewer improvements in Tract No. 15860. Location* SE corner of Walnut and Merced Avenues. Motion passed on roll call as follows: Ayes: Councilman Kay, Van Horn, Sperline, Brown, Hurst Noes: None Absent: None Adj. C.C. 4-16-56 -7- RESOLUTION NO. 923 City Attorney presented and read Resolution Second Supplemental Memorandum of No. 923 "A RESOLUTION OF THE CITY COUNCIL Amendment for expenditure of Gas OF THE CITY OF WEST COVINA, CALIFORNIA, Tax Allocation for major City Streets ADOPTING BUDGET AND .APPROVING SECOND SUPPLE - ADOPTED MENT MEMORANDUM OF AGREEMENT FOR EXPENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREETS." Motion by Councilman Sperline, seconded by Councilman Brown that Resolution- No. 923 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Kay, Van Horn, Sperline, Brown, Hurst Noes: None Absent: None SECOND READING Motion by Councilman Brown, seconded by Council - ORDINANCE NO. 467 man Van Horn and carried that 'second and final Unclassified Use Permit No. 12 reading be given to Ordinance No. 467 "AN ORDI- and ANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, Precise Plan No. 72 CALIFORNIA,.. APPROVING AN UNCLASSIFIED USE AND PRECISE William,C. Hart, Jr. PLAN UNDER THE PROVISIONS OF ORDINANCE NO. 325 ADOPTED - OF SAID CITY (William C. Hart, Jr.)" Motion by Councilman Sperline, seconded by Councilman Kay and carried that reading of the body of the Ordinance be waived. Motion by Councilman Van Horn, seconded by Councilman Kay that Ordinance No. 467 be adopted, Motion passed on roll call as follows. - Ayes: Councilmen Brown, Sperline, Van Horn, Kay, Hurst Noes: None Absent: None RESOLUTION NO. 925 City Attorney presented and read Resolution No. 925, ,COUNTY SANITATION DISTRICT #22 "THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Refuse Collection OF THE CITY OF WEST 'COVINA HEREBY CONSENTS, PUR- and SUANT TO THE PROVISIONS OF SECTION 4741.. 4741.2 Disposal System OF THE HEALTH AND SAFETY CODE OF THE STATE OF ADOPTED' CALIFORNIA, TO THE INCLUSIQN OF THE CITY OF WEST COVINA IN THE REFUSE COLLECTION AND DISPOSAL .SYSTEM TO BE CONSTRUCTED, MAINTAINED AND OPERATED BY COUNTY SANITATION DISTRICT NO. 22 OF LOS ANGELES COUNTY WITHIN THE PRESENT BOUNDARIES OF THE DISTRICT." Motion by Councilman Kay, seconded by Councilman Sperline that Resolution No. 925 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Kay, Sperline, Hurst Noes: Councilmen Van Horn, Brown Absent: None Motion by Councilman Kay, seconded by Councilman Sperline:_that authorization be given the Mayor and City Clerk to sign contract agreement. Motion passed on roll call as follows: Ayes: Councilmen Kay, Sperline, Hurst Noes: Councilmen Van Horn, Brown Absent: None Adj. C.C. 4-16-56 -8- REQUEST FOR ANNEXATION Inhabited portion located on the southern boundary of SOUTHWEST PART OF CITY West Covina, 450 feet South on Willow Street, 750 feet HELD OVER West on Rockway Drive. Councilman Sperline stated, "I think we should hold this matter over until the new City Council meets in order to have action in this matter. This has not been before us to any degree and in fairness to the incoming Council they should be allowed to consider it. There.may be some merit in taking in a small section. Motion by Councilman Sperline, seconded by Councilman Kay and carried that request for annexation in Southwest part, of the City be held over for action by the new City Council. The City Manager stated that the monthly financ;al statements as prepared by • Mr. Walters, Chief Finance Officer3' would continue to be presented to Council. A report was presented in regard to comparative study on Sales Tax and City Tax rate with relation to other cities of comparative size, and it was stated by the City Manager that certain details would be added to this report as time goes on. TIME EXTENSION City Manager stated that to date he tmd been unable City Manager residence in City to establish a residence in the community within' (9,1-56) the 90 days "as_required in ordinance, although APPROVED he had every intention -of doing so as quickly as possible. An extension of time to do this was requested. Motion by Councilman Brown, seconded by Councilman Sperline that a time extension until September 1, 1956 be approved for extablishing of residence by City Manager in the City. Motion passed on roll call as follows: Ayes: Councilmen Kay, T7an Horn, Sperline, Brown, Hurst Noes: None Absent: None STATE-WIDE CONFERENCE Councilman Kay bf'ought to the attention of . COMMUNITY ACTION TO FOSTER INDUSTRIAL those present a notice in regard to a state - GROWTH wide conference at the Ambassador Hotel with reference to community action to foster growth. It was the feeling of 'Councilman Kay that this might be of particular interest to the community. . The City Manager stated that he believed this conference was one that should be attended and perhaps it would be within the realm of the Planning Department to attend this meeting and members of Council also. ITEM NOT ON AGENDA Mrs.-M. VanDame stated that in relation to request of, the Chief of Police for lighting on certain streets as presented at the Council meeting of April 9, 1956 she was questioning why lights not being erected on all streets. Mayor Hurst stated that the streets indicated in this report were through streets and streets had pole lines on them on which lights could be placed with no cost to the City. ` There was no further business, the meeting was adjourned at 9:14 P.M. JOE HURST, MAYOR ROBERT FLOTTEN ORIGINAL • MEETING OF THE CITY COUNCIL of the CITY OF WEST COVINA CITY HALL WEST COVINA, CALIFORNIA Monday, April 9, 1956 8:00 O'Clock P.M. Reported by: Wm. G. Lyman, C.S.R. Room 2106 City Hall Los Angeles 12, California. • • • • 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 MEETING OF THE CITY COUNCIL of the CITY OF WEST COVINA CITY HALL WEST COVINA, CALIFORNIA Monday, April 9, 1956 8:00 O'Clock P. M. Reported by: Wm. G. Lyman, C.S.R. Room 2106 City Hall Los Angeles 12, California WM. G. LYMAN, C. S. R., OFFICIAL REPORTER SUPERIOR COURT 1 • 2 3 4 6 6 7 • u • 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 WEST COVINA, CALIFORNIA, MONDAY, APRIL 9, 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. G. CORNYN, CITY ATTORNEY DAN C. MARSHALL, SPECIAL COUNSEL THE MAYOR: We will put on our Agenda as Item 5A, this Annexation hearing We continued this hearing until this evening so that we might gather together all these protests, and evaluate them. Since this is the last meeting for three of the incumbent councilmen, any hearing that would be held tonight would have to be reheard when the new councilmen sit in on their first meeting; and you would therefore have to make all your speeches again. I know you have them well prepared for tonight, and I would advise you to keep them • A • 1 2 3 4 6 6 7 8 s 10 11 12 13 14 16 16 17 18 19 20 • zl 22 23 24 • 26 26 3 that way for two weeks, because it is my recommendation that we hold this over for two weeks. There are some very important matters to be considered here for all three concerned: yourselves, the County, and the City. We certainly want to do the right thing. I believe that at this time we should have a progress report from our City Clerk so that you people might know what has gone on at this time. I doubt if any of the figures will be verified figures, but it will give you an indication of what has gone on to this point. 'Mr. Flotten, do you have any memorandum or any figures there? THE CLERK: Yes, I have, Mr. Mayor. I am sure that the Council, the opponents, and the proponents must realize that this report when presented to you tonight is in no way final nor is it conclusive. It must be realized, of course, that we had to use emergency help in order to develop this report. Also, tonight there has been filed with the City Clerk:'s::, Office other reports and papers that are pertinent to this Annexation District Number 139. The Council will recall, of course, that they directed me to develop facts and figure regarding the value of the land owned exclusively of improvements, the value of the publicly owned land, and the privately owned land, and develop facts and figures that could be readily developed into a very short report. I wM (3 � VMAN !` C o nrr.r.n. Or er�erre Cncr e.ne !`r.n er 1 • z 3 4 5 6 7 • • • s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 have that report here tonight, and I would like to read it for the record, Mr. Mayor. THE MAYOR: I believe that you should so these people will know exactly what has gone on to date. (The report was thereupon read by the Clerk.) MR. KAY: Mr. Flotten, you have said here, then, in effect, that your preliminary figures indicated that they were short $328,315.00 of making half the value for protests is that right? THE CLERK: That is right, Mr. Kay. THE MAYOR: That is in the form of a memorandum, and is not verified. MR. KAY: Yes. THE MAYOR: If it is the pleasure of the Council, a motion would be in order to continue this hearing for two weeks, until the new Council is seated, and they can hear these protests, and any other persons wishing to be heard. MR. KAY: It would probably be fair to the people involved, who are protesting to continue it. THE MAYOR: If we hear it tonight someone else could not possibly act upon it. There would be total confusion. I think it is best that the people who are going to act on it actually hear it, and that is the reason I made the recommendation. COUNCILMAN SPERLINE: I will make such a motion, that this meeting be continued for two weeks. WM. G. LYMAN, C. S. R. , OFFICIAL REPORTER SUPERIOR COURT • • Ul 1. 2 3 4 6 6 7 s 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 5 COUNCILMAN BROWN: I will second the motion. THE MAYOR: It has been moved and seconded that this meeting on Annexation District Number 139 be continued for two weeks. Will you call the roll, Mr. Clerk. (A roll call was had, and the motion was carried unanimously.) THE MAYOR: You have been given a preliminary report tonight as to where this proposition fairly stands tonight at this time. The hearing will be continued to two weeks from tonight when the new Council is seated. The hearing is continued to that time. At that time if the balance is still as indicated tonight the 10-day period will start to run, when you might supplement this protest report. Did you have a question? MR. MORRIS: I was wondering if any compilation was made of the value of the protests of persons whose names did not appear on the assessment roll, but who claim to be the owners'of property within the Annexation District? THE MAYOR: That was not included on that list tonight. You can check with the City Clerk on that. MR. MORRIS: I wondered if he had any indication of what that value might run? THE CLERK: May I answer that, Mr. Mayor? THE MAYOR: Yes, sir. WM. G. LYMAN, C. S. R. , OFFICIAL REPORTER SUPERIOR COURT • • • C: 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 6 THE CLERK: There was no possible way to develop the actual value of these pieces of property. All we.could do was to develop the number of the protestants whose names did not appear on the tax roll. We have.absolutely no way of checking the amount. MR. MORRIS: Do you know how many were there? THE'CLERK: In the neighborhood of 700. MR. MORRIS: What was the total? THE CLERK: About 1,500. MR. MORRIS: About a third?' THE.CLERK: A little less.than half. MR. MORRIS:. I think Mr.. Flotten is able to present the'Council with adequate evidence on which the Council can act. THE MAYOR: This Council is not going to act. By motion this hearing has been continued two weeks, and we will not -take any testimony tonight. MR. MORRIS: Mr. Mayor, there has been no hearing. I protest. There hasn't been one protest that has been considered yet. THE MAYOR: This is all that will be considered tonight. This hearing has been continued to two weeks from tonight when the new Council is seated. - 'MR. MORRIS: This Council is free to act at any time. This Council can go ahead and hear.these protests, if it wants to do so. wui r_ I vUAM r c e—..-... . ------ —I------ r....e� 1 • 2 3 4 6 6 7 0 • s 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 1 THE MAYOR: If we act on this tonight you are still short $328,000.00. MR. MORRIS: That is not so, Mr. Mayor. I think the evidence might very well develop that this protest has well exceeded one-half. THE MAYOR: These are not verified figures. MR. MORRIS: Mr. Mayor, it is not fair to require the protestants to come down to the City of West Covina every week or two weeks to hear what the City is going to do about continuing the protest meeting. I think the City Council has a certain duty to act. If they do not they had better assume that the protests are valid, and call off the Annexation hearing. THE MAYOR: You asked a question. If you would like an answer I will give it to you. The people in your area started this thing. We did not. The people in this area asked to be annexed,.: to the City of West Covina. A VOICE: I beg your pardon. MR. MORRIS: You are entitled to legal counsel as to the way you stand in this, Mr. Mayor, and I think it might be advisable to have that, rather than let us proceed by other courses. THE MAYOR: I imagine if there is any other course, you gentlemen may take it. That is all that will be considered on this annexation tonight. (The hearing was thereupon adjourned until Monday, April 23rd, 1956, at the hour of 8 o'clock p.m.)