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04-23-1956 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COV INA. CALIFORNIA April 23, 1956 The meeting was called td order in the West Covina City Hall at 8:00 P.M. with the Rev. Father Hynes giving the invocation. Present: Mayor Brown, Councilmen Kay, Mottinger, Crumley, Pittenger Absent: None Others: City Manager; City Clerk and Ass't. Administrator; City Engineer; City Treasure; City Attorney; Mr. M.C. Gerschler, Planning Dep't; Mr. Walter Nollac, Sanitation Engineer. MINUTES The minutes of the regular meeting of April 9, 1956, adjourned regular APPROVED meeting of April 16, 1956 and special meeting of April 173 1956 were approved as submitted. ORAL None COMMUNICATIONS WRITTEN A communication was presented and read by the City Clerk from OO'MMUNICATIONS R. G. Goodwin of 10 Campana Flores Drive, dated April 16, 19569 requesting that the City Council again reconsider previous decision passed on a zone change on acreage bordering Cortoz Street opposite Mr. Goodwin's residence on Campana Flores Drive. (Zone Change No. 64 and Tract Map No. 21015). The communication further stated that this request was being made of Council because of this zone change being passed over the objections of the Planning Commission, the surrounding property consists of a minimum of 20,000 square feet and it would be to the best interest of the entire neighborhood if the subdivision in question was limited to building sites of not less than the minimum stated above and that td the best of the writers knowledge, noe of the 'lest Covina residents around this property are in favor of the present plans. Councilman Kay: I believe this request refers to Zone Change No. 64, Tract Map No. 21014, Tenmen Enterprise, Inc. Mr. Cornyn, in view of this request could we, as Council, initiate to change the zoning on this property? City Attorney You can always initiate to change zone as such. Ordinance Mr. Cornyn adopted to effect change. This Council may refer,t his particular problem to the Planning Commission for further consideration and public hearing. You may reconsider decision of the previous Council. Councilman Pittenger: If we go back and reconsider this item, we should cover all the work of the previous Council which would take some time. Before I vote on that I would like to study and see what the problem was. I do not know enough about this to vote on it tonight. Councilman Kay: In this case we are not weighing merits of it this evening. We are refering it back to the Planning Commission. City Attorney: The effect of this request is that the matter be reconsidered but if you present wish to study the matter to see if it it should be referred back to the Planning Commission you may do so. 1 CC 4-23-56 Councilman Crumley: consider such a change. Mayor Brown: Councilman Pittenger: City Attorney: on any parcel at any time. It -2- Ihave some idea of this matter as I was present in meetings at which this took place and I think we should This matter was passed on an over -ride of the Planning Commission and by a 3-2 vote, in favor, by previous Council. How far back might we go in changing these zones back after variance has been granted?' Zoning is not static in any way. Conditions change from day to day and on that basis you may reconsider zoning Councilman Pittenger If certain necessary procedures have been done regarding this property, because of zone change granted, and expense accrued we as a City might have to pay for such. City Attorney: As a practical matter the sub -divider may have some vested right since this zoning was granted to him. From the standpoint of property owners the law gives the City Council the right to change zoning at any time due to the fact that conditions change and that what might. be proper zoning today is not proper zoning tomorrow. You have right to recon- sider zoning on this property or any property. My only suggestion was that perhaps it might be advisable for those not familiar with this to study it before you wish to reopen the matter. Councilman Mottinger: I would like to give some study to this. If it passed on previous Council it has some merit or would not have been passed at that time. Motion by Councilman Kay, seconded by Councilman Crumley and carried that upon the initiative of the City Council the property covered by Zone Change No. 64 and Tract Map No. 21014 (Tenmen Enterprise, Inc.) be referred back to the Planning Commission for reconsideration and public hearings on a change back from Area District III to Area District IV. Motion passes on roll.c all as follows: Ayes: Councilmen Kay, Crumley, Brown Noes: Councilmen Mottinger, Pittenger Absent:: None PETITION FOR City Clerk presented and read a communication dated April ANNEXATION NO. 144 18, 1956 from Mrs. James Cary which stated that a map and legal description had been presented to the County Boundaries Commission for checking and that they have received a report approving the boundaries on the map. Communication requested permission to start circulation of petitions within the boundaries approved. This is prposed southerly annexation district No. 144. It was consensus that this matter be designated as Item�No. 34-A on this agenda. C. c. 4-23-56 d3m REQUEST FOR HEARII, City Clerk presented and read Request for Hearing and AND notice of Appeal, and other factors as contained therein, NOTICE OF APPEAL from Mr. Harry R. Roberts Attorney for petitioners which are as follows. - Zone Change No. 71 ® Tenmen Enterprise, Inc. John D. Roche Precise Plan and Reclassification No. 73 - Charles & James Hathcock Precise Plan and Reclassification No. 74 m A. R. Jett & C. C. Tolland Precise Plan and Reclassification No. 75 - D. Shaw and B. Burrows is' The City Attorney stated that these applications should be treated as notices of appeal from the decision of the Planning Commission and should be set for hearing at the convenience of the Council. Motion by Councilman Kay, seconded by Councilman Pittenger and carried that date of hearing be set for May 14, 1956 on the above mentioned Precise Plan and Reclassi- fications and Zone Change. DIRECTOR AND City Manager stated that the County Sanitation District ALTERNATE DIRECTOR has called attention to having a new director and alter - Sanitation Dist. nate director to sanitation district, and that City's Pittenger and Brown Sanitation Districts were No 15 and 22. Mayor Brown stated that he and Councilman Pittenger would serve in this capacity. DIRECTOR AND City Manager stated that a Director and Alternate ALTERNATE DIRECTOR Director is needed for service on the Los Angeles LEAGUE OF CAL.IFORNIA CITIES County Division of the League of California Cities. L.A. COUNTY DIVISION Mayor Brown appointed Councilmen Kay and Crumley Kay and Crumley to serve in this capacity. / PETITION TO ASSIST City Managers "The Chamber of' Commerce together with a TRAFFIC FLOW number of business men in the shopping center south of Garvey Blvd., west of Glendora Avenue between Glendora Avenue and California Avenue have presented a petition. This petition and letter asks the City assist with regard to traffic flow in and around the business center during the construction of the southerly portion of east -bound lane of freeway. The structures are at Irwindale and Vincent and may conflict with the flow of traffic into this center. I would suggest that you refer this mr7tter to me and I will see that everything possible is done to meet with the highway officials and contractors in order that free traffic flow be maintained throughout the area." Motion by Councilman Crumley, seconded by Councilman Mottinger and carried that this matter pertaining to traffic flow to business center during construction of freeway be referred to the City Manager for handling. SPECIAL CENSUS City Manager stated that the Supervisor of the Special Census made in the City of West Covina has presented a preliminary announcement in regard to this matter. The figures show 35,792 as compared with 28,631 as of March 16, 1955 which is a gain of 7,161 persons, and an estimate had been 7,000. The City Manager further stated that this report is subject to review of missing persons reports and certificate from the head of the Census at Washington D. C. before it is filed with the State. There is a reason to believe that more count can be picked up. These figures would mean approximately '060,000 additional tax revenue to the City. • it C. C. 4-23-56 m�e CITY OF BALDWIN PARK City Manager stated that a communication had been STORM DRAIN CONSTRUCTION received from the City of Baldwin Park, dated March 149 1956, in regard to proposed construction of Badillo Street storm drain. It was stated in this communication that the City Council of Baldwin Park had adopted by motion establishing the policy of co-opera- tion with West Covina in connection with construction of storm drains. The City Manager stated that this was excellent as our storm drain construction means collaboration with and by other cities. OPENING OF BIDS City Clerk opened and presented sealed bid from Watts- Discing of Weeds Hardman Contractors, Inc. of Van Nuys, California. City Attorney read bid as follows: DIS CING To 7500 square foot of lot area 7500 to 10,000 10,000 to 209000 201,000 to One (1) Acre Over One (1) Acre BURNING WHERE NECESSARY 20,000 Square Feet 20,000 to One (1) Acre Over One (1) Acre PARKWAYS PER HUNDRED SQUARE FEET HAND LABOR PER HOUR lst Disc &10 per 100 sq. ft. .08 91 9f 11r it .05 n rr 1r .045 11 11 11 " .04 2nd Disc .07 per 100 sq. ft. .05 IT " et 11 .04 n n 1r " .035 n 1r rr n . 03 07 11 11 rr It X .06 11 11 11 11 X ,05 n 1r rt 11 X .8o 2.75 Discing to be done with heavy duty Caterpillar type Tractors and 91 double throw Tandem Discs. Motion by Councilman Kay, seconded by Councilman Mottinger and carried that bid of Watts -Hardman Contractors, Inc. for Discing be referred to the City Engineer. INSERT CONTINUATION OF HEARING ON ANNEXATION NO. 139 HERE. (Taken by Court Reporter) (See Attached) PUBLIC HEARING Mayor Brown stated. that this is the time and place ANNEXATION NO. 138 for public hearing on Annexation No. 1.38. TIME AND PLACE FOR PROTEST BY PROPERTY OWNERS b NO.. 931 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FIXING THE PROCEDURE FOR HEARING PROTESTS IN THE MATTER OF NORTHERLY ANNEXATION DISTRICT NO. 138 (4-23-56 8 P.M. West Covina City Hall)" A petition, dated April 23, 1956, was read by Mr. Marshall from the proponents of "Northerly -Annexation District No. 138" and including all persons who cir- culated petitions for the annexation of the territory as uninhabited land, C. C. 4-23-56 Annexation No. 138 Cont°d —5— rIn to withdraw petition for annexation, and request the City Council to terminate the proceedings initiated by proponents, in accordance with the provisions of Section 35007 of the Government Code of the State of California. Further reasons for requesting withdrawal of this petition for annexation were stated in the'petition. Petition was signed by M. T. Rafferty, Irene Rafferty, Paul B. Barnett, Charles K. Hackler, Fred W. Raab, Jr. and Betty Jane Raab. • INSERT CONTINUATION OF HEARING ON ANNEXATION NO. 138 HERE. (See attached report by Court Reporter) PUBLIC HEARING Mayor Brown stated that this is the time and place PRECISE PLAN NO. 79 (1405) for public hearing on Precise Plan No. 79. 'Location: Edwards & Howard 1615 W. Garvey Avenue at Harbert Street. Request APPROVED adoption of Official Precise Plan and C-1 Zoning. Existing zone: R-A, Potential C-1. Recommended for approval by the Planning Commission on 3-21-56. Maps were presented by the City Engineer. Recommendations of the City Engineer were read as follows: 1) 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 street improvements on Harberrt Street and street lights and sidewalks. 2) That the Precise Plan conform to the proposed R.O.W. of the State Division of Highways. 3) That all buildings and signs not exceed one story in height. 4) That all exterior lighting be installed and maintained in a manner eliminating - g g any nuisance to adjacent residential property. 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, fees and deposits for improvements be posted before building permits are issued. 8) That a 6-foot masonry wall be constructed along the rear 155 feet of the easterly property line, if and when the property to the east is developed for residential purposes. 9) That suitable access to the rear parking area from the north frontage road ((Garvey Avenue) be provided or easements from adjacent owners for such a drive be provided in lieu thereof. Such access drive to be not less than 24' 0" in width. C.C. 4-23-56 —6— Precise Plan No. 79„(1405),.Conted. 10) That buildings maintain a minimum set back of 15r 0" from fron property line (Garvey Avenue) 11) That provisions be made for removal of storm water from subject property to frontage road. 12) That suitable landscaping be provided. ' .There was no testimony presented in this matter, the hearing was declared closed. Motion by Councilman Pittenger, seconded by Councilman Crumley and carried that Precise Plan No. 79 be approved subject to the recommendations of the City Engineer. PUBLIC NEARING Mayor Brown stated that this is the time and place for public PRECISE PLAN NO. 77 hearing on Precise Plan No. 77 and Zone Change No. 70. and Location:.'East side of Sunset Avenue, opposite Sunset XNE CHANGE NO. 70 School. Request: R-P Use. Existing zoning: R-1. Recom- HEARING CONTINUED mended for denial by Planning Commission on 3-21-56. Maps - were presented by the City Engineer. Recommendations of the City Engineer were read as follows-: a 1) That all street improvements outlined in Section 49, Ordinance Nos 225, including utilities, be installed accordingly and meet the approval of the City Engineer. This to include street lights, sidewalks and sanitary sewers. 2) That all necessary .street widening shall be deeded to the City of West Covin&. 3) That all buildings and signs not exceed one stroy in height. J4) That all exterior lighting beinstalled ihd maintained in a manner eliminating., any nuisance to adjacent residential property. 5) That adequate water supply and fire protection be provided as required by Ordinance No. 237 and Ordinance No. 315. 6) That a11excavating and grading work conform to provisions of Ordinance No. 384. 7) That all bonds, fees and deposits for improvements be posted_.before building permits are issued. ,8) That a 6-foot masonry wall be constructed along the northeasterly, southeasterly and southwesterly property lines. 9) That all existing buildings be removed or demolished. 10) That the driveway entrances from Bruce Avenue be eliminated. All those wishing to present testimony were sworn in by the City Clerk. Mr. Waldrip, applicant, stated that he wished to request that this hearing be continued for two weeks as his representative for this matter was -unable to attend. C.C. 4-23-56 -7- Motion by Councilman Kay,, seconded by Councilman Pittenger and carried that hearing on Precise Plan No. 77 and Zone Change No. 70 be continued, at the request of the applicant, until May 7, 1956. PUBLIC HEARING Mayor Brown stated that this -is the time and place UNCLASSIFIED USE PERMIT NO. 14 for public hearing on Unclassified Use Permit No. 14. Mrs. Thomas Rowse Location: South side of Garvey Avenue east of Barranca APPROVED Street. Request.- Semi -private swim school use. Recommended for approval by the Planning Commission 3-21-56. Maps were presented by the City Engineer. • Recommendations of the City Engineer were read as follows: 1) That all street improvements outlined in Section 49, Ordinance No. 225, including utilities, not installed by the State Division of Highways, be installed accord- ingly and meet the approval of the City Engineer. This to include street lights and sidewalks. 2) That the Plot Plan conform to the proposed R.O.W. of the State Division of Highways and the Los Angeles County Flood Control District. 3) That all buildings and signs not exceed one story in height. 4) That all exterior lighting be installed and maintained in a manner eliminating any nuisance to adjacent multiple family residential property. 5) That adequate water supply and fire protection be provided as required by Ordi- nace No. 451. 6) That all excavating and grading work conform to provisions of Ordinance No. 384. 7) That all bonds, fees and deposits for improvements be posted before building permits are issued. 8) That a 6-foot masonry wall be constructed along the rear 95t of the easterly property line. Is9) That the development of the "future bath house and related recreation arealt be subject to the approval of the Chief Building Inspector and shall conform to all applicable City Ordinances. All those wishing to present testimony were sworn in by the City Clerk. Mrs. Rowse, applicant, stated as follows: "I feel that a city the size of West Covina needs this type development for reason of safety, teaching children how to swim properly and safely, and as a recreational facility. I have talked with numerous people and they are in favor of this project, particularly mothers, because so many private pools are being installed on home property and there is always the potential danger of children wandering into the vicinity of these pools. There is no facility of this type available in the city and children desiring swimming instruction have to travel to other communities at a distance to obtain such instruction." Mr. -Truelove of 139 E. Workman spoke in favor and stated need for such a project in the city. C. C. 4-23-56 e8- Mr. Rowse of 746 So. Padua spoke in favor bringing to attention the fact that Mrs. Rowse has had much experience in regard to swimming instruction and that it was his feeling that benefit would be derived from this project in many ways. There was no further testimony, the hearing was declared closed. Motion by Councilman Kay seconded by Councilman Crumley and carried the Unclassified Use Permit No. 14 be approved, subject to the recommendations of the City Engineer. PUBLIC HEARING Mayor Brown stated that this is the time and place PROPOSED AMENDMENT TO MASTER for public hearing on PROPOSED AMENDMENT TO W STER PLAN OF WASHES AND DRAINAGE PLAN,OF WASHES AND DRAINAGE. Relocation of future City Initiated alignment of portion of Walnut Creek dash between ADOPTED Citrus Avenue and Garvey Avenue. Recommended for Approval by the Planning Commission on 3-21-56. Maps were presented by the City Engineer. Mr. Gerschler read Resolution No. 359'of the Planning Commission recommending approval. Mr. Gerschler stated that a change in the plans for intersection of Garvey and Barranca Street has necissitated the Wash alignment being moved further to the south. There was no testimony presented, the hearing was declared closed. Motion by Councilman Kay, seconded by Councilman Mottinger and carried that PROPOSED AMENDMENT TO MASTER PLAN OF WASHES AND DRAINAGE be adopted as submitted. Motion passed on roll call as follows: Ayes: Councilmen Mottinger, Crumley, Pittenger, Kay, Brown Noes: None Absent: None PUBLIC HEARING Mayor Brown stated that this is the time and place PROPOSED AMENDMENT TO for public hearing on PROPOSED AMENDMENT TO ZONING ZONING ORDINANCE ORDINANCE (rd. No. 147 and 325). To establish a land (Ord. No. 147 & 325) use designation P-B to create a zone for public IfP-B Zone buildings, parks and other municipally owned property. Municipal Buildings, Parks Recommended for approval by the Planning Commission and Property on 3-21-56. City Initiated ADOPTED Mr. Gerschler read Resolution No. 358'of the Planning Commission recommending approva. Mr. Gerschler: There were two ways this matter could have been accomplished. Creating a special zone for public buildings, parks and property of placing in an existing zone designation.' The Planning Commission reviewed the courses to follow and recommended P-B zone which they felt would simplify the matter. However, if the pity Attorney feels it would be better handled in some other manner, perhaps he would be willing to state his feelings regarding this matter. City Attorney: I believe it is more desirable to create a special zone for public property and then rezone the public property and place it in the specially designated zoning. I am in favor of this type of zoning. C.C. 4-23=56 -9- Motion by Councilman Pittenger, seconded by Councilman Mottinger and carried, that PROPOSED AMENDMENT TO ZONING ORDINANCE (Ord. No. 147 & 325) TO ESTABLISH A LAND USE DESIGNATION P-B TO 'CREATE A ZONE FOR PUBLIC BUILDINGS, PARKS AND OTHER MUNICIPALLY OWNED PROPERTY be adopted... Motion passed on roll call as follows: Ayers Councilmen Mottinger, Crumley, Pittenger, Kays Brown Noes: None Absent: None 46 SET DATE OF HEARINCA Dates for hearing were set on the following: MAY 14t 1956 'Zone Change No. 71 Location: Northwest side of Sunset Avenue, Precise Plana and between Walnut Creek Wash and Service Ave. Reclassifications No, 73, 74,75 Request: Adoption of Official Precise Plan (1405) and C-2 zoning. Existing zones R-A, Poten- tial C-2. Applicantss P.Pi. & Reclassification 74 - A. R. Jett, et al :t It it 73 - C. Hathcock, et el 75 - D. Shaw,, et al Zone Change No.­71 - John D. Roche ('entnent Enterprise, Inc.) Precise Plan & Reclassification Applicants: Helen Drendle and Margaret No. 85 ('1405) Keeling. Location: SW corner of Azusa Ave. and Puente Avenue. Requeft: Adoption of Official Precise Plan and R-P Uses. Existing Zone: R-A, Potential R-P. Recom- mended for approval by the Planning Commission 4-18-56. v% PROPOSED AMENDMENT OF' City Initiated. Recommepd®for approval .and adoption .:,ZONING ORDINANCE (Ord. No. 147 by the Planning Commissior 1�-18-56 & 325) TO CREATE ZONE DESIGNATION C-R (Commercial - Restricted). MAY 219 1956 to PRECISE PLAN NO. 81 Applicants: Ray L. & Helen T. Anderson. Location: SE and Corner of Garvey and Azusa Avenues. Request: Adoption of 'BONE CHANGE NO. 73 Official Precise Plan. Existing Zone: R-A, Potential 0-1; Recommended for approval by the Planning Commission 4-18-56 ZONE CHANGE NO. 75 Applicant: T.C. Kupferer, et al. Location: East of Calif- ornia Avenue, between Barbara and Merced Streets. Request: R-3 uses. Existing Zone: R-A, Potential R-1. Recommended for approval by the Planni.teig Commission on 4-18-56 C.C. 4-23-56 -10- FIRST READING City Attorney presented and read Ordinance No. 468 ORDINANCE NO. 468 "AN ORDINANCE OF THE CITY COUNCIL OF THE, CITY OF WEST Precise Plan No. 76 (1405) C01VINA, CALIFORNIA, ADOPTING A PRECISE PLAN FOR THE C. J. Hurst . Jr. DEVELOPMENT OF CERTAIN PROPERTIES IN SAID CITY, PUR- SUANT TO THE PROVISIONS OF ORDINANCE NO. 147 OF THE CITY OF WEST COVINA, AND AMENDING SAID ORDINANCE NO. 147 (C.J. Hurst,Jr.)." Location: SW corner of Merced and Sunset Avenues. Motion by Councilman Mottinger, seconded by Councilman Kay and carried that Ordinance No. 468 be given its first reading. •FIRST READING City Attorney presented and read Ordinance No. 469 "AN ORDINANCE NG. 469 ORDINANCE THE CITY COUNCIL OF THE CITY OF WEST COVINA., Precise Plan No. 70 CALIFORNIA,, ADOPTING A PRECISE PLAN FOR THE DEVELOP�',IENT OF Robinson CERTAIN PROPERTIES IN SAID CITY, PURSUANT TO THE PROVISIONS OF ORDINANCE NO. 147 OF THE CITY OF WEST COVINA, AND AMENDING SAID ORDINANCE NO. 147 (Robinson) Location: West Side of Glendora Ave. between Merced Avenue and Vine Street. ' Motion by Councilman Kay, seconded ty Councilman Pittenger and carried that Ordinance No. 469 be given its first reading. RESOLUTION NO. 926 City Attorney presented and read Resolution Ordering City Engineer to prepare No. 926 "A RESOLUTION OF THE CITY COUNCIL OF assessment diagram, plans,, specifi- THE CITY OF WEST COVINA., CALIFORNIA, ORDERING cations, estimate and report for THE CITY ENGINEER TO PREPARE AN ASSESSMENT furnishing electric current and DIAGRAM, PLANS, SPECIFICATIONS, ESTIMATE AND maintenance of certain lighting REPORT PURSUANT TO THE PROVISIONS OF DIVISION fixtures in the City 14 PART 12 STREETS AND HIGHWAYS CODE, STREET ADOPTED LIGHTING ACT OF 1919, AS AMENDED, FOR THE FURNISHING OF ELECTRIC CURRENT AND FOR THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND APPLIANCES IN SAID CITY FOR A PERIOD OF MONTHS, BEGINNING OCTORBER 1., 1955 AND ENDING OCTORBER 31., 1957, EXCEPTING THAT PROPERTIES PREVIOUSLY ASSESS- 'D AS PER DIAGRAM, PLAN AND SPECIFICATIONS NUMBERED 55-569 SHALL BE FOR A PERIOD OF TWELVE (12) MONTHS BEGINNING NOVEM13ER 1, 1956 AND ENDING OCTOBER 31., 1957." Motion by Councilman Kay, seconded by Councilman Pittenger that Resolution No. 926 be adopted. Motion passed on roll call as follows: C7 Ayes: Councilmen Mottinger, Crumley, Pittenger, Kay, Brown Noes: None Absent: None RESOLUTION NO. 927 ACCEPT DEED STREET AND HIGHWAY PURPOSES Precise Plan No. 17 (Sec. 3) N. Citrus Street Scbfield ADOPTED City Attorney presented and read Resloution No. 927 11A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING GRANT DEED COVERING REAL PROPERTY TO THE CITY OF 14IFST COVINA FCR STREET AND HIGHWAY PURPOSES (Scofield)." 1 Location: SW Corner of Citrus St. and Workman Ave. Motion by Councilman Kay, seconded by Councilman Mottinger that Resolution No. 927 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Mottinger., Crumley, Pittenger., Kay., Browri, Noes: None Absent: None C. C. 4-23-56 =11- RESOLUTION NO. 928 City Attorney presented and read Resolution No. 928 ACCEPT DEED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST STREET AND HIGHWAY PURPOSES COVINA, CALIFORNIA, ACCEPTING GRANT DEED COVERING REAL Precise Plan No. 56 - Bong PROPERTY TO THE CITY OF WEST COVINA FOR STREET AND (Azusa and Puente Avenues) HIGHWAY PURPOSES (Richfield Oil Corp.)". Location: Richfield Oil Corp NW corner of Azusa Avenue and Puente Avenue. ADOPTED Motion by Councilman Crumley, seconded by Councilman Kay and carried that Resolution No. 928 be adopted. Motion passed on roll call as follows: Ayes: Councilmen Mottinger, Crumley, Pittenger, Kay, Brown Noes: None Absent: None RESOLUTION NO. 929 Motion by Councilman Pittenger; seconded by Councilman ACCEPT BOND Kay that Resolution No. 929 be adopted accepting SANITARY SEWERS Pacific Employers' Insurance Company Bond No. 11- Tract No. 21452 50393 in the amount of $19,500.00 to cover installation (Sunset Manor Company) of Sanitary Sewers in Tract No. 21452. Location: ADOPTED California Avenue and Michelle Street. Motion passed on roll call as follows: Ayes:: Councilmen Mottinger, Crumley, Pittenger, Kay, Brown Noes: None Absent: None RESOLUTION NO. 930 Motion by Councilman Mottinger, seconded by Councilman ACCEPT BOND Crumley that Resolution No. 930 be adopted accepting STREET IMPROVEMENTS Pacific Employers' Insurance Company Bond No. 11-B Tract No. 21452 50392 in the amount of $82,500.00 to cover street (Sunset Manor Company) improvements in Tract No. 21452. Location: California ADOPTED Avenue and Michelle Street. Motion passed on roll call as follows-. Ayes: Councilmen Mottinger, Crumley, Pittenger, Kay, Brown Noes: None Absent: None FINAL MAP Final maps of Metes and Bounds Subdivision No. 135-127 METES & BOUNDS SUB. 135-127 were presented by the City Engineer. Location: South Harold L. Barnes side of Vine Avenue, between Valinda Avenue and Pima APPROVED Avenue. 3 Lots - Area District II. City Engineer recommended approval subject to the following recom- mendations: 1) City Engineerts approval of Plans and Profiles. 2) Receipt of deposit for improvements in cul-de-sac street in Tract No. 22157. 3) Receipt of letter regarding disposition of existing buildings. Motion by Councilman Kay, seconded by Councilman Mottinger and carried that Final Map of Metes & Bounds Sub. No. 1351-127 be approved subject to the recommendations of the City Engineer. C.C. 4-23-56 -12- METES & BOUNDS SUB. 135-127 City Engineer's report on petition for street improve- ments on Vine Avenue between Pima Avenue and Tract No. 21042 City Engineer: This item refers to a petition, which the property owners along Vine Avenue have presented to the Council requesting permission to participate in street improvements when improvements of Metes and Bounds Sub. 135-127 are installed. At the suggestion of the City Manager we would like to present their report. ' It was consensus that this request be granted. FINAL MAP Final Maps of Tract No. 21452 were presented by the TRACT NO. 21452 City Engineer. Location: South of Merced Avenue Sunset I.Manor Company between Glendora and California Avenues. 33.5 Acres - APPROVED 123itots - Area District II. The City Engineer recom- mended approval subject to the following: 1) Receipt of Inspection fee in the amount of $35300.00. 2) City Engineer's approval of Sanitary Sewer Plans. 3) Receipt of letter stating that masonry walls will be built along Glendora Avenue, adjacent to rear yards. 4) Receipt of $24.00 additional deposit for fire hydrant heads. Motion by Councilman Mottinger, seconded by Councilman Kay and carried that Final Mpp of Tract No. 21452 be approved, subject to the recommendations of the City Engineer. ACCEPT STREET IMPROVEMENTS Location: North of Thackery Avenue, east of Lark TRACT NO. 18830 Ellen Avenue. Motion by Councilman Kay, seconded by APPROVED Councilman Pittenger and carried that street improve- ments in Tract No. 18830 be accepted and authorization be given for the release of deposit in the amount of $275.27, retaining $110.00 for street trees and sign not installed to date. ACCEPT STREET IMPROVEMENTS Location: North of Thackery Avenue, east of Lark TRACT NO. 20526 Ellen Avenue. Motion by Councilman Kay, seconded by APPROVED Councilman Mottinger and carried that street improve- ments in Tract No. 20526 be accepted and authoriza- tion be given for the release of deposit in the amount of $368.27, retaining $100.00 for street trees and sign no installed to date. ACCEPT STREET IMPROVEMENTS Location: South of Garvey, west of Citrus Street. TRACT NO. 20218 Motion by Councilman Crumley, seconded by Councilman APPROVED Kay and Tract No. 20218 be accepted and authorization be given for the release of remainder of deposit in the amount of $111.62:, retaining $135.00 for street trees and sign not installed to date. C.C. 4-23-56 -13- ACCEPT STREET IMPROVEMENTS, Location: NW corner of Thelborn and Homerest Avenues. TRACT NO. 21283 Motion by Councilman Kay, seconded by Councilman Crumley APPROVED and carried that street improvements in Tract No. 21283 be accepted and authorization be given for the release of the remainder of deposit in the amount of 242.79, retaining $45.00 installed to date, and $185.00 for trees not installed in Tract No. 20291. REIMBURSEMENT FOR EXTRA Location: Rowland Avenue, east of Lark Ellen Avenue. WORK DONE Request of L.E. Turner for reimbursement of $592.95 TRACT NO. 18190 for extra work done on Rowland Avenue within area of L. E. Turner reconstruction which the city agreed to pay for. APPROVED City Engineer: The sub -divider's engineerts estimate for City of West Covina's participation on this project was based upon lowering of a 13 ft. strip of pavement. Upon construction of the project, we found that it was necessary to lower a 16 ft. strip of pavement for which the subdivider is entitled to be reim- bursed. I would recommend reimbursement in the amount of $592.95 for this extra work. Motion by Councilman Kay, seconded by Councilman Pittenger that authorization be given for payment of $592.95 as reimbursement to L.E. Turner in Tract No. 18190 for extra work done on Rowland Avenue within area of reconstruction which the city agreed to pay for. Motion passed on roll call as follows: Ayes: Councilmen Mottinger, Crumley, Pittenger, Kay, Brown Noes: None Absent: None ACCEPT S3,1ER FACILITIES Upon recommendation of the Sanitation Engineer, motion by TRACT NO. 19453 Councilman Crumley;seconded by Councilman Kay and carried APPROVED that sewer facilities in Tract No. 19453 be accepted and authorization be given for the release of Saint Paul - Mercury Indemnity Company Bond No. 1742796 in the amount of $22,000.00. Location: NE corner of Merced and Sunset Avenues. ACCEPT SEWER FACILITIES City Manager: Mr. Nollac, I wish to raise one question TRACT NO. 20537 here. Point out this overage on this bond is unusual APPROVED amount. Did they post a large bond, more than required? Mr. Nollac: This is a performance bond guaranteeing cost of construction. Sanitation Engineer City Manager: Wasn't cost much less than that posted? Mr. Nollac: This was based on estimated cost and may come in more, or less. City Manager: Are you satisfied this is good order? Mr. Nollac: Yes sir. C.C. 4-23-56 -14- Sewer Facilities Tract No. 19453 - Cont'd Motion by Councilman Kay, seconded by Councilman Crumley and carried that upon recommendation of Sanitation Engineer sewer facilities in Tract No. 20537 be accepted and authorization be given for the release of American Automobile Insurance Company Bond No. $465-1243 in the amount of $299100.00. Locations SW corner of Merced and California Avenues, REIMBURSEMENT AGREEMENT NO. 13 Upon recommendation of the Sanitation Engineer, • APPROVED motion by Councilman Kay, seconded by Councilman Pittenger that Reimbursement Agreement No. 13 be approved and authorization be given to the Mayor and City Clerk to execute this agreement. Motion Passed on roll call as follows. Ayes: Councilmen Mottinger, Crumley, Pittenger, Kay, Brown. Noes: None .Absents None CAMERON PARK SEWER CONSTRUCTION Request authorization for approximately $1000.00 APPROVED for the construction of the sanitary sewers in Cameron Park. Sanitation Engineer: We have consulted with the Park Department in designing this sewer and Mr. Gerschler has also worked with us. The estimated cost is $1000.b0. I submitted a communication to the City Manager requesting that this amount be borrowed from the Sewer Construction Fund, and we have ample funds for this construction. I do recommend that upon completion of sewer and determining the exact amount (of cost) that the Park Department set up in its budget for next year such amount to repay the Sewer Construction rund cost for this sewer when and if such amount is available. City Manager It is my understanding that the sewed fund merely accrues to the general fund as such and is not for any specific ,purpose. I believe that in this case to use such funds for this purpose would be in the public interest. Motion by Councilman Pittenger, seconded by Councilman Kay that authorization be given for expenditure of approximately $1000.000 from the Sewer Construction Fund; for the construction of sanitary sewers in Cameron Park. Motion Passed on roll call as follows: Ayes: Councilmen Pittenger, Crumley, Mottinger, Kay, Brown Noes. None Absent: None C.C. 4-23-56 -15- SOUTHERLY ANNEXATION This matter had been designated by Council as Item NO. 144 34-A on the Agenda, and a request was read by the City REFERRED TO `PLANNING COMM. Clerk to start circulation of petitions within boundaries of this proposed annexation by Mrs. James Cary. Mr. S. M. Hotchkiss of 1821 North Glendora stated, "In the opinion of myself, property owners in this location and also across the street who feel the same way - as I' do, the proposed annexation is premature, ill advised and that we were not consulted in any way as to whether we wish to have our property included in this annexation. We would like to see the thing stopped right here. City Attorney: This beingan inhabited type of annexation the first action YP required, if Council so desires, would be to consent to cir- culation of petitions of people in the area. Councilman Kay: Should we refer this to the Planning Commission? City Attorney: Yes, you should, and also acquire all information as to the desirability before any steps are :taken. Councilman Kay: Do you feel our best motion would be to refer this matter to the Planning Commission or take it in as Council study first? City Attorney: I would refer it to Planning Commission and get their recom- mendations first. Motion by Councilman Kay, seconded by Councilman Mottinger and carried that the matter of proposed Southerly Annexation No. 144 be referred to the Planning Commission for a complete general report of all considerations regarding this matter to be presented to the City Council at their earliest convenience. REPORTS OF CITY MANAGER City. Manager read excerpts from City Engineer Report and stated, "We had a special projects fund allottment from the County in the amount of $25,000.00 for improvements of Sunset Avenue between Francisquito and Merced Avenues. At the time this project was estimated, we felt we would at least avail ourselves of this amount, but bids received indicated there would be a balance of $2,973.46. If this amount is not used it reverts to County Gas Tax.Fund. I am recommending, because a certain portion of work on Sunset Avenue was omitted, that this extension be authorized to use this balance. Engineering Department has received bid of $2,973.46 for this work. City Attorney: Council has the right to make finding that emergency exists and to waive requirements of calling for bids in excess of $2000.00. If you have work in process and cannot go through the time it takes for bids, if that were the case I could prepare and submit for adoption a formal resolu- tion of emergency (work to be done). If Council authorizes my bringing in the necessary resolution to proceed on.this basis they can go ahead. C.C. 4-23-56 -16- Motion by Councilman Kay, seconded by Councilman Pittenger that recommendations of City Engineer be adopted and authorize expenditure under emergency resolution of $29973.46 from special projects allocation for above named purpose. Motion passed on roll call as follows: Ayes: Councilmen Mottinger, Crumley, Pittenger, Kay, Brown Noes: None Absent: None TREASURERtS REPORT Motion by Councilman Kay, seconded by Councilman Crumley and • 3-56 carried that City Treasurer's report for the month of March, 1956 be accepted to be filed for the record. SIGNATURE AUTHORI?ATICN Motion by Councilman Kay, seconded by Councilman Pittenger and carried that City Attorney be directed J. to prepare a resolution authorizing California Bank'and Bank of America to honor the signatures of Jay D. Brown, Mayor; Robert Flotten, City Clerk; and Fern S. Merry, City Treasurer. OPERATION OF CITY COUNCIL Councilman Kay stated that it had been discussed at a previous time regarding an ordinance governing operation of the City Council and felt that it should be brought before the Council. No previous action had been taken in regard to this matter. FIRE DEPARTMENT SURVEY City Manager: We have consulted with the Fire Depart- ment Chief and with the Chief Engineers of the Board of Fire Underwriters of the Pacific. They are flooded with requests for regrading, J as such regrading will maan substantial gain (in some communities.) I believe this will get under way in a few weeks and we have worked our station location in conjunc- tion. I believe the project of regrading will take place in the next few weeks and information will come to Council as it develops. We feel we should be graded Class 5. Councilman Kay: Because of the major change in Council perhaps it would be well to note that the previous Council had pressed for more rapid consideration of flood control problems in this area. I believe it might be appro- priate for our new Council to indicate the same thinking and request for urgency in regard to thes matters. I believe that if it would be in order a motion should be made to indicate that this Council strongly favors this idea and is of the same opinion as the previous Council in regard to flood control in the City of 14est Covina. Perhaps some form of resolution could be brought in by the City Attorney, and forwarded on to the proper parties end this can be also done by Council motion. Motion by Councilman Kay, seconded by Councilman Pittenger and carried that the newly elected Council of the 'City of West Covina is in favor of rapid consideration of flood control problems in this area, and of the same opinion as the previous Council in regard to flood control in the City of West Covina. It is further requested that the City Attorney be authorized to draw up the proper resolution regarding this matter. C.C. 4-23-56 -17- Councilman Mottinger: I attended a Planning Uommission meeting this past week and it is quite evident that the Commission looks with favor on having a member of the Council present. I will be unable to attend the Parks and Recreation meeting on the 25th, as I will be out of town. However, I am starting to get this matter organized. Mayor Brown stated that perhaps Councilman Pittenger, if available, could attend the meeting of Parks and Recreation. Councilman Crumley stated that at present there was no report to be given in regard to • the Police Department. PROCLAMATION Mayor Brown proclaimed the week of April 23 to 28 as PUBLIC SCHOOL WEEK Public School Week in the City of West Covina. April 23 - 28 There was no further business, the meeting was adjourned at 10:27. P.M. until May 7, 1956 at 8:00 P.M. E� 0 R I G I N A L • MEETING OF THE CITY COUNCIL of the CITY OF WEST COVINA City Hall West Covina, California Monday, April 23, 1956 8:00 O'clock P.M. Reported by: Wm. G. Lyman, C.S.R. Room 2106 City Hall Los Angeles 12, Calif. Pa. LTMAN, G. S. K., VFFICIAL REPORTER SUPERIOR COURT 1 • 2 • 3 4 b 6 • 7 8 9 10 11 12 13 14 18 16 17 18 19 20 21 22 23 24 • 25 26 METING OF THE CITY COUNCIL OF THE CITY -OF WEST COVINA City Hall West Covina, California Monday, April 21. 1956 8: 00 0 1 CLOCK P.m. S. R., OFFICIAL REPORTER SUPERIOR COURT • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I N D E X Proceedings re Annexation District No. 139..— soo ......... o —a ..... Page 3 Proceedings re Annexation District No. 138 .............:.............., Page 18 • • 1- 2 3 4 6 6 7 s 9 10 11 12 13 14 16 16 17 13 19 20 21 22 23 24 e611 26 WEST COVINA, CALIFORNIA, MONDAY, APRIL'23, 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: JAY D. BROWN, MAYOR JAMES W. KAY, V`S;OE' MAYOR J. DALE PITTINGER, COUNCILMAN WAYNE CRUMLEYs COUNCILMAN VERNON R. MOTTINGER, COUNCILMAN CLIFFORD G. PETRIE, CITY MANAGER ROBERT FLOTTEN, CITY CLERK T. G., CORNYN, CITY ATTORNEY .DAN C. MARSHALL, SPECIAL COUNSEL THE MAYOR: Annexation District Number 139. All those wishing to be heard., stand, and the City Clerk will swear you in. Whenever you have anything to say will you come forward so that the reporter can hear you. (Thereupon, the prospective speakers were sworn by the Clerk.) THE MAYOR: Mr. Marshall, do you want to give us a breakdown on the Protestants on the assessed valuations. riM. V• LiMA19. L.. O. R.r VtFII:IAL RCYVIiICK DVYCKIVK VV4K1 • • • 1 2 3 4 5 6 7 s 9 10 11. 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 MR. CORNYN: It might be desirable to let these people be heard. MR. MORRIS: Do you want us to make ourselves heard? MR. CORNYN: Yes. MR. MORRIS: Let us consider the protests. MR. CORNYN: All right. Will you report on the protests as well as you can, Mr. Marshall. MR.MORRIS: Excuse me. THE MAYOR: Will you state your name, please. MR. MORRIS: Theodore G. Morris, 4132 North Shady Dell Avenue, Covina.. That is unincorporated territory. I want to say that any consideration of the protests here right now is not a waiver of our grounds that the hearing may have very well surpassed its time. In other words, the law requires the hearing to be heard within fifteen to forty days, and this is the first time that there has been a hearing on this matter, and we are nevertheless willing to go ahead and consider the protests. We do not wish to waive our grounds on that basis, however. MR. MARSHALL: At the last meeting of the City Council when this annexation district was called up, the City Clerk filed a tentative preliminary report which disclosed these figures: That the value of the privately owned land within this district was $1,8682,440; that the value of publicly owned land within this district was 0 E • 0 • 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 M. Ei. LTMAN, U. b. K.. UFFICIAL KEPORTER SUPERIOR %.OURT 5 $75,330; and that the total value of privately and publicly owned land within this district was $1,.957,770. The Statute requires that the protests, in order to control, should be ­one -half -of that total. One-half of that total is �978, 885. In the same report the City Clerk advised the Council that the value of land, exclusive of improvements of protestants who are owners -of land within this district, as shown by the last equalized assessment roll, was $661,840; and that the value of land exclusive of improvements of protestants who were not shown as owners on that roll, but who filed on or about April 5, 19560 with the City Clerk are documentary evidence of recorded written agreements to buy in which the protestants were the purchasers, or documentary evidence of recorded deeds on which these protestants were the grantees in the sum of $16, 990 The value of land of owners who filed withdrawals prior to.8:00 o'clock p.m. on March 26 was $28,260. At the last meeting there was also filed certain ratifications or alleged ratifications and confirmations,.purporting to ratify and confirm certain protests which the Clerk had not then been able to identify on the assessment roll. After working with the Clerk on the so-called ratification and confirmations,. -we are not yet able to definitely establish their status, and tonight we are C. LYMAN, G. S. R., UFFICIAL REPORTER SUPERIOR UOUR7 • 0 • is 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 unable to report any specific findings -with respect to those alleged confirmations or ratifications. We also have on hand certain other protests which we do not find on the assessment roll. The difficulties in some cases arise by reason of the meagerness of the description or in some cases the eligibility of names, so that the Clerk is not able to submit to the'.Council tonight a final report showing precisely the value of the protests received. THE MAYOR: Is there anybody else who wishes to be heard? MR. ALLEN: My name is Frank M. Allen. I live at 16306 East Arrow Highway, Azusa, California. What I would like to know is when we put in a protest, which I did against this, I would like to know how do I know that protest was right or not? We understood in the newspaper that you would send us out cards if our protest was not in good order. So far I have not receiveda card, but I understood through other people, just around about here, that my protest was turned down. I have owned the property for 52 years, this one spot, over a hundred acres, and I do not know whether my. protest was accepted or not. I would like to know how we find out whether they are in good order or not. MR. MARSHALL: Do you wish me to reply to that, Mr. W IYI. G1. Li111/11V. L.. D. R.. VPPILIAL RCYV KICK DUYCKIVR l� 77 • • • 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 THE MAYOR: Yes, Mr. Marshall. MR-. MARSHALL: I do not recall of any order of the City Council stating that a post card notice would be sent to protestants advising them of the ruling of the Council on their protests. However, at the conclusion of the hearing the City Clerk will have to file a report and a decision by the City Council which will reflect the disposition of these protests. Your rotest sir, I do not happen to recall, off- hand., s P hand, whether it was placed in the allowed file or in the not allowed file. MR. ALLEN: It was in the newspaper to that effect,' that you people would send.a .copy out. MR. MARSHALL: I do not know of any official notice. There was a post card notice sent out for protestants filing certain documentary evidence in support of their protests wherq,,they were not shown on the assessment roll, but I do not recall any, such -notice that you now speak of. MR. ALLEN: But we will get a notice if we are not, will we not,, --or will it be publi8hed in -the paper. MR.- MARSHALL: The Statute does not require that the City Council publish as an official notice the decision on the protest of.these particular -protests, but there will be on file in the public.records here a decision by the City Council concerning the disposition of these protests. WM. ". LTMAM, 1. D. N., WPkIGIAL KEPURTER AUPERIUR �UURI 1 • z 3 4 5 6 r: • 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MR. NEWLAND: My name is John Newland. I live in Covina. Might I ask a question? Am I right in assuming that a protestant whose name was on the last tax roll covered by the photostatic copy that is in your file here, has a hearing at this spot, regardless of the disposition of the property since that date; is that correct? M.R. MARSHALL: Shall I answer that? THE MAYOR: Yes. MR. MARSHALL: In other words; since the protestant signed he has disposed of his property; is that the question? MR. NEWLAND: Yes. MR. MARSHALL: And whether or not that protest can be counted? I would have to take that under consideration. MR. NEWLAND: It seems there is a lot of those kind going on. MR. MARSHALL: There are a lot of sales that you think the 6rotest were signed or filed? MR. NEWLAND: Yes. MR. MARSHALL: They were signed .or filed, or both, you cannot tell. MR., NEWLAND: That is right. MR. MARSHALL: That is another problem that the City Council will have to resolve here with such assistance as the attorney can give them with respect to the effect of that disposition. AN, U. U. K., UFFICIAL KEPORTER SUPERIOR L:OURT 1 • 2 3 4 b 6 0 • 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22- 23 24 25 26 MR. NEWLAND: May I ask how you are going to ever arrive at any figure, then, if you are going to leave your- self open that far? MR. MARSHALL: The cutoff time was March 26 for the original petition. MR. NEWLAND: Of what year, this year? MR. MARSHALL: 1956, yes. We use it as the base figure or the sensible base figure, the last equalized assessment roll, which.closed in March of 1955• .MR. NEWLAND.: Will you answer this question: Will a joint tenancy deed duly recorded on your photostatic copy of your taxes, which shows only one name, is that name a legal protest? MR.-MARSHALL: If the copy is held in joint tenancy and is so requested in the assessment roll, in my opinion, a protest signed by either joint tenant is valid. MR. NEWLAND: Then, it should not be in the rejected file in your office here, then; -is that right? MR. MRASHALL: That is correct. MR. NEWLAND: I will -see you later. Thank you. MR. MORRIS: I think this meeting is taking a very strange course. It seems like the ball has been thrown to the*protestants to supply information or to make themselves heard when actually this meeting is for the consideration .of protests. Now, apparently -Mr. Marshall has never made an 10I 1 • 2 3 4 s • • 6 s 9 10 it 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 orderly presentation of the protests or he has not documented them so that we can orderly consider them. It would seem that the only other recourse is to consider -each protest step by step, unless I.can appeal to the City Council by another argument... that was made on Friday, in one day, by about four or five people, of the records in the City Clerk's office, which indicated that there was a total protest representing $1,230,000 on file. Now, of course, this total protest has not been categorized but it has been :checked against the people who actually occupy certain parcels of land so that.the occupi of parcels of land woxth $1,230,000 have signed a protest, in one form or the other. So if the City Council is not impressed with that fact in exercising its discretion to drop this annexation at any time it feels like, and it does have that discretion, gentlemen, well, then, I think the onl thing to do is to go on and count these protests. This is the third meeting, by the way, at which this matter -was scheduled. This is the first hearing we had, and I am certainly grateful to the Council that at least we have had a hearing. But it seems to me if our people in one day could make that compilation that the City at least has a duty to have given something much more conclusi 1 • � 2 3 4 6 6 • 7 8 9 10 11 12 1, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 in this length of time. MR. STOKE: If it pleases the'Court, I am Mr. Stoke, H. R. Stoke. I have a compilation of the figur"es which were taken from the assessment rolls and from the protests on Friday last. I would be very happy to answer any questions that the Council may have. MR. MAYOR: Does anybody else wish to be heard? MR. KROLICH: My name is John Krolich of the Board of Directors of the Dalton Home Owners Association. I have a field study here� and in case -that you people cannot read figures this is in colors,dtfferent colors of the exact areas. The red here, the medl. area is 100,E against annexa- tion to West Covina. I will leave that for the record, please. (Handing document to the City Clerk.) MR. STOKE: I have one more statement, if it please the Council. I would like to.say that all of the protests from which these figures were gathered were submitted to the. Council by -April 9th, which is two weeks ago. So the City Clerk and.the counsel for the City, and any other officials had such time in which to check all the protests which were submitted. At least, we so believe. THE MAYOR: Is there anybody else wishing to be heard on this? If not, we will declare -this hearing closed. MR. MORRIS: Is this a public hearing? THE MAYOR: Yes, I asked if there were any more comments on it. LTMAN, ❑. S. H., UFFICIAL REPORTER SUPERIOR COURT 12 1 • 2 3' 4 5 6 • 7 s 9 10 11 12 • • r. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MR. MORRIS: Mr. Mayor, the purpose of -the public hearing is to consider protests. That is the point I am making over and over again. We haven't heard one protest considered. THE MAYOR: We have heard all your protests. The hearing is closed. MR. MORRIS: I can read from the law book which says that a public hearing requires a fair hearing on the presenting of protests. Prima facie, every protest made is valid. The City Council may rely on it in the checking of the validity of each protest on the last equalized assessment roll. If they find that a name is not on the last equalized assessment roll then they have defeated.the prima facie validity of.that protest. Therefore it behooves the people who are interested in that protest to validate that signature which the City Council has cast out or cast doubt upon. Now, we have evidence here and I am sure Mr. Marshall can confirm some of this evidence for you, if you will consult him which indicates that the protests which have tentatively been allowed when added to those which have been validated more than surpass the halfway mark on the total assessed valuation. So.I do not know why we are not considering these protests. MR. CORNYN: They have an opportunity to present their protests at this time. That is the purpose of this WM 6 1 VMAM f C n nov.r.w. Canna a ....... n e.- n 131 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 hearing. COUNCILMAN KAY: In other words, when you say they have an opportunity to present the protests, then they have the opportunity to bring each individual protest before this Council at this time; is that correct-? MR. CORNYN** Certainly. If you wish to announce it, you may so announce, and if there is'nothing further the hearing may be closed. MR. STOKE: May I say something in connection with what Mr. Morris has said, that the city legislative body shall here pass upon all the protests heretofore made, and all protests you already have in your file, and I think in view of the fact that so many people have protested, and in view of the fact that the City Council has- only forty days in which to act on these protests, and that time has passed, that the City Council out of fairness should act upon the protests which have been submitted to it. MR. CORNYN: There is no such limitation as this forty days that you speak of. MR. STOKE: Section 35118. MR. CORNYN: It says that the public.hearing shall be set not less than fifteen.days, not more than forty days at the time of the Resolution. THE MAYOR: As I understand the.procedure to be adopted by the City Council, they plan now. to check the protests which have been filed, and at some subsequent . E9. LTMAN, G. 5. R., UFFICIAL KEPORTER bUPERIOR UOUR7 14 1 • 2 3 •4 5 6 • 7 s 9 10 11 12 • • • 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 date they propose to make a report on those protests. MR. MARSHALL; That is my understanding of bourse the proceedings should take. Since the hearing has been ordered closed and the documentary evidence has been received, such as was offered, it seems to me that the next step in the proceedings is to fix a date upon which the City Council will file its decision and report in the matter. COUNCILMAN KAY: At that time we will, in effect, be ruling -upon the validity of each of these protests. MR. MARSHALL: That is correct, sir. MR. HACKLER: Charles Hackler, on behalf of the proponents. May I inquire what is this validating evidence? I havelistened carefully here, and all that I have heard is that someone handed up some papers. -I think the proponents have a right to have at least some idea of what the so-called validating evidence is. THE MAYOR: They Will be on file with the City Clerk, Mr. Hackler. COUNCILMAN KAY: At this stage of the proceedings, if it is in order, then, since the public hearing has been closed - MR. MORRIS: Excuse me. I hate to -keep interrupting here. We seem to .;have ' lost our perspective of this. A public hearing is never closed. ..A public hearing is a public -hearing. If we are going to hear protests -we should hear them.. We cannot close the public hearing. Let us __ G I U".w r C n P1­. on e­enders r... — 15 0- 0 • 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 equalized assessment roll.. Has that been done, gentlemen To my knowledge It has ---not been done. We have heard this tentative figure. There has been no effort made to present or reject any particular protest, and I think some effort should be made along that line in good faith. This thing can string out for a year if it goes the way it has gone, and we cannot see any excuse for this delay. . We try to cooperate with counsel here, and organize our reasons for rejecting or accepting -his reasons, but nothing has ever come about that. I don't see how there ever can,be an orderly presentation of these protests here until the City Council comes to some agreement on what basis it will -accept or reject protests. I think those ground rules ought to be laid out before anything else is done.. MR. MARSHALL: In my opinion, the City Council is entitled to take the matter under submission since the hearing has now been closed, and the report which the - City Council will file will amount to a decision on the F . LTM^M, l . D. K., WPY1G.AL KEYUKTEK DUYEKIUK \ VUKT i� • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 validity of these protests. MR. MORRIS: The decision must be made.at a public meeting. MR. MARSHALL: Sir? MR. MORRIS: The decision must be made at a public meeting. MR. MARSHALL Yes, it will be made at a public meeting, and all that remains to be done now is to fix the date of the public hearing at which that.,decision and report will be filed. COUNCILMAN KAY: Pardon me for interrupting, but you used the word "public hearing" one time and the word "public meeting" another time. MR. MARSHALL: They are synonomous for these purposes. COUNCILMAN KAY: They are synonomous? MR. MARSHALL: That is correct. COUNCILMAN KAY: When Mr. Brown asked for any further testimony none was forthcoming, and he closed the hearing, that is merely closing it off until we can report back; is that correct? MR. MARSHALL: That is correct. MR. MORRIS: Excuse me. I hate to disrupt the Counci business, but Mr. Browns statement that"the hearing is closed," seems to be a very light way of terminating the hearing. It might require action by the City Council L;. b. K., UFFICIAL KEPORTER SUPERIOR UOUR7 17 1 • 2 3 4 5 6 • 7 s 9 10 11 12 • C 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 to determine whether or not they want to close it at this time. After all, there are some serious questions arising here. THE MAYOR: We asked you to speak and I asked the City Council to discuss it., -and if you want to speak again, now, rather than wait until the Council has a chance to discuss it, and you keep jumping up and down, we are not going to have a chance to discuss the question here. Is there any discussion? COUNCILMAN KAY: Under the present circumstances, in view of the advice of our legal counsel, I believe that we should take the matter under submission at this time in order to report back the actual findings in the case. We obviously have to rule at.some date on the validity of each and every protest made. The date of. filing the protest was set the 26th of March. Those protes, apparently have,.not been completely substantiated or thrown out in each individual case. When that report is ready for the City Council upon the recommendation of our legal counsel I think we should report back to the people our findings as required by law. In view of that I would suggest that the matter be continued until the 7th of May. COUNCILMAN.MOTTINGER: I think we do have to wait until we get some final figures from the counsel, so I second the motion. L7MAN, U. W. K., UFFICIAL KEPORTER DUPERIOR COURT 1 • 2 3 4 5 6 n LJ xx Ul • 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 THE MAYOR: All those in favor signify by saying aye .- COUNCILMAY KAY: Aye. COUNCILMAN PITTINGER: Aye. COUNCILMAN CRUMLEY: Aye. COUNCILMAN MOTTIN4ER: Aye. MAYOR BROWN: Aye. It is so ordered. This is the time and place to conduct the hearing on Annexation Number 138, to hear the protests by property owners. Do you have those records, Mr. Marshall? MR. MARSHALL: The Clerk informs me'that written protests have been received on Northerly Annexation District Number 138. There WAs also filed with the Clerk shortly before this meeting commenced a document signed by Mr. Rafferty, M. L. Rafferty, Irene Rafferty, Paul B. Barnett, Charles K. Hackler, Betty Jane Raab, and I think the name above that is Raab, also. This document reads as follows: (Document read.) Note, this document which I read in part amounts to a request for termination, but there being protests on file the duty remains in the City Council to pass upon those protests. The protests in this District 138 have not been processed by the Clerk. We have not yet obtained from.,r,%he Realty Tax and Service Company a certified copy of the WAR 2 I VAX AM r Q O nez.r u. Ccon a Cnove.ne rnnor 1 • 2 3 4 5 6 • 7 8 9 10 11 12 • • 13 14 15 16 17 18 19 20 21 22 23 24 25 26 19 last equalized assessment roll for this annexation district, and -when that certified copy is received by the City Clerk he is then in a position to begin to process protests in connection with the last equalized assessment roll. So in that connection there has been drafted for submission to the City Council a resolutiop in this connection which I would like to hand to Mr. Cornyn, and if Mr. Cornyn would read it I think it would be 'self- explanatory. (The resolution was thereupon read by Mr. Cornyn.) THE MAYOR: Is there anyone wishing to be heard on this? If so, please rise and the City Clerk will swear you in. There is no one wishing to be heard? What is your pleasure, gentlemen? COUNCILMAN KAY: I move that we adopt the resolution just read by the City Attorney. COUNCILMAN PITTINGER: I second the motion. THE MAYOR: Mr. Flotten, will you call the roll. (A roll call was had, and the motion was carried unanimously.) MR. CORNYN: For the purp6de of the record that is Resolution 931. (Whereupon the hearing was adjourned until Monday, May 7, 1956 at the hour of 8:00 o'clock p.m.) wig r r vu- n c e n�nnu• Onee�e rce Cnnvm�e nr...er • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES. 3$ I, Wm. Q.-Lyman, a Notary Public within and for the .County of Los Angeles and State of California, do hereby certify that the foregoing pages comprise a true and correct transcript .of the proceedings had of the City Council of the City of West Covina on Monday, April 23, 1956. Dated thisw day of April, 1956.