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.
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Councilman Crumley:
consider such a change.
Mayor Brown:
Councilman Pittenger:
City Attorney:
on any parcel at any time.
It
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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.
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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.
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it
C. C. 4-23-56
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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.
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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
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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
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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
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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
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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
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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
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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
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I N D E X
Proceedings re Annexation District
No. 139..— soo ......... o —a ..... Page 3
Proceedings re Annexation District
No. 138 .............:.............., Page 18
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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
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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
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M. Ei. LTMAN, U. b. K.. UFFICIAL KEPORTER SUPERIOR %.OURT
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$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
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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�
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.)
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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.