10-28-1957 - Regular Meeting - Minutese
E,
MINUTES OF THE REGULAR.MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
October 28, 1957
The meeting was called to order by Mayor Kay at 8:05 P.-M. in the West
Covina City Hall. The invocation was given by the Reverend Ira Smith
of the Presbyterian Church.
RnT.T. rAT.T.
Present: Mayor Kay, Councilmen Baxnes, Brown, Mottinger,,
Pittenger
Others Present: City. Manager, City Clerk, City Treasurer, City
Attorney, City Engineer, Planning Commission
Secretary, Director of Public Works
APPROVAL OF MINUTES - October 14, 1957
Corrections as follow:
Page 22 - Zone Variance No. 215 - Vacating a. portion of the old
Ba.rranca Street Right -of -Way.
Councilman Mottinger: I believe that the motion as stated is ambigu-
ous. Wasn't it intended that we approve the
zone variance with the recommendations that were made by the Planning
Department? This motion does not actually state that idea.
Councilman Brown: This matter was giving them back the 4-feet
of property which could not be a recommenda-
tion of the Planning Department. We had to do it ourselves as a
Council, with the recommendations as laid down by the Director of
• Public Works.
Councilman Mottinger: Perhapse this -should have been " that the
recommendations as read, should be approved ".
Mayor Kay: In order to clarify this matter, and inject
the correction into the Minutes I believe we
should state as to exactly the action we took. I do not believe, as
the motion is represented here, was as we intended, although it may
be as it was stated.
City Attorney: I would amend the Minutes to recite what your
action was. I think you approved the condi-
tions as set forth and then instructed me to bring in whatever was
necessary to start abandonment proceedings.
Motion by Councilman Brown, seconded by Councilman Mottinger and
carried that the City Vacating a Portion of the Old Barranca Street
Right -of -Way (Zone Variance No. 215) be approved, subject to the con-
ditions as set forth and thatthe City Attorney be instructed to bring
in whatever is necessary to start abandonment proceedings.
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C.C. 10-28-57
Page two
Councilman Mottin ger: I would like to refer to the matter of Page
27-A. Is it proper that a sub -page be entered
into the Minutes? There seems to be no way to recognize it as
missing if it should be deleted. Couldn't there be a continuous
sequence of page numbers rather than this type of insertion?
Mayor Kay: It probably should have been an added page.
Councilman Brown: You will note that Page 27 has added asterisks
at the bottom which would, give some proper
indication to the following page.
Councilman Mottinger: Those are noted all through the Minutes, and I
do not think give any special indications.
City Attorney: You may'add at the bottom of Page 27 and at the
top of Page 28 a notation to the effect that
Page 27-A intervenes,
It was consensus this be done.
The Minutes of October 14, 1957 stood approved as corrected.
SCHEDULED MATTERS
PUBLIC HEARINGS
SOUTHERLY ANNEXATION LOCATION: South of the City of West'Covina
DISTRICT NO. 158 one-half mile east of Pass and Covina Road,
north of Valley Boulevard.
Set for hearing by the City Council at their special meeting of
September 16, 1957. Resolution No, 1197. Published in the West Covina
• Tribune and Pasadena Star News September 19 and 26, .1957.
Mayor Kay opened the public hearing,
Mayor Kay: The purpose of this is to hear protests to the
annexation by owners and legal representa-
tives of property included within Annexation No. 158.
City Clerk: I would like the records to show that contained
in the annexation file axe the following:
1) Certified copy of description from the Boundary Commission.
2) A copy of Resolution No. 1197, setting date of hearing.
3) An affadavit of posting in the area..
4) An a,ffadavit of contiguous territory by the City Engineer,
5) Affadavits of publishing.in the West Covina. Tribune and the Pasa-
dena Star News:
6) Affadavits of compliance.
7) Affadavits of mailing notices
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C.C. 10-28-57 Page three
• Southerly Annexation No. 158 - continued
Mayor Kay: From a legal point of view that covers all
the necessary requirements.
City Clerk: Yes, it does.
We have two valid protests to this annexation. We also have two
demands that property be excluded from this annexation.
Mayor Kay: Do you have the names of the owners of the
property that are protesting?
City Clerk: Yes,sip, they are P. G.Winnett and the Sentous
Holding Company.
• The City Clerk presented and read letters of protest and request for
withdrawal from P. G. Winnett, E. J. Ca.ldecott, .Attorney for P. G.
Winnett and the Sentous Holding Company.
Mayor Kay: I do not'thing it is necessary to go into too
much detail so long as there is mentioned the
property location, that it has been protested and the request for
withdrawal.
• Is there any other protest by owners of the property within the area
of Southerly Annexation No. 158?
Mr. Earl C. Giles of Fra.ncisquito Avenue stated he would like to
protest in regard to this matter. Mayor Kay indicated that this
annexation did not touch in the area. of Francisquito Avenue and after
discussion with the Council it developed that Mr. Giles was protesting
the annexation in relation to his particular interests.
• Mayor Kay: Hearing no further protests the hearing is now
closed for the purpose of receiving written
protests.
Mayor Kay: Has there been a majority protest in this
annexation district?
City Clerk: There has been less than a, majority protest.
Mayor Kay: Do you have an approximate assessed valuation
of the area.?
City Clerk: The entire amount is $65,240.00.
Mayor Kay: Is this adjusted to the 1957-58 tax roll?
• City Clerk: Yes.
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C.C. 10-28-57 Page four
• Southerly Annexation No. 158 - continued
Mayor Kay: What is the total amount of the value of the
land of those protesting?
City Clerk: It is $23,450.00 for the Sentous Holding
Company and $690.00 for the Winnett property.
There is approximately 15 acres in the Winnett piece.
Mayor Kay: Do you have the approximate acreage on the
Sentous property?
City Clerk: I can't tell from this particular report.
Mayor Kay: We do ,not have a, conclusive figure?
City Clerk: It wmild seem that the acreage is 1139 acres.
City Attorney: The Council should indicate that in the find
ings and determinings on this matter that all
notices were properly given, the territory is uninhabited and there
has not been a. majority protest by the owners of half of the value of
the territory as shown by the.last equalized assessment roll..
Motion by Councilman Brown, seconded by Councilman Barnes that the
Council finds these facts as indicated by the City Attorney; that
legal notices were duly given and that there has not been a majority
protest of the property under consideration for annexation and that
Southerly Annexation No. 158 be passed.
The Mayor ordered the roll call taken on this motion. The taking
of the roll call was interrupted by Mr. Chapman attempting to speak.
The Mayor ordered Mr. Chapman to be silent until the vote on the
• motion had been taken and that Mr. Chapman would then be heard.
Mr. Chapman continued speaking, even during the Mayor's statement,
in spite of repeated remonstrances by the Mayor. At this point the
Mayor ordered Mr. Chapman evicted from the meeting and he was escorted
by two Police officers to the Council Chamber door, where he was
permitted to stand. Then the roll call on the motion was taken as
follows:
Ayes: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
Noes: None
Absent: None
The Mayor then invited Mr. Chapman to return, which he did.
Mr. Caldecott: I do not believe that this body has under-
taken to withdraw the property.of
P. G. Winnett.
40 City Attorney: This motion is the finding of certain facts,
it does not accomplish annexation. The Council
is determining pre-requisits to determine anything further. They will
act upon the request of the deletion of certain territory and upon
the proposed annexation.
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C.C. 10-28-57 Pa.g6 five
• Southerly Annexation.No. 158 - continued
Mr. Boswell: Does the Council feel they have all the infor-
mation to take the action of voting upon a
matter of this sort?
City Attorney: I think it would be proper to hear anyone who
would want to be heard on the annexation and
anyone who wants to speak on the request for exclusion.
Mayor Kay: The hearing is now re -opened and anyone who
would like to speak on the matter may now
do so, and be duly sworn in by the City Clerk. The part of the motion
that stated that "annexation be approved" was not intended as a part
of the motion.
• Mr. John S. Chapman of 530 W. 6th Street, Los Angeles stated as follows:
I represent the Sentous Holding Company that owns a. ranch consisting
of about 1800 acres in this district, about 1300 of which I understand
the Council is about to seek to annex without our consent. The total
assessed value of our property isla.bout $100,000.00
The portion that your Council is seeking to annex has been very care-
fully selected to be less than the proponents of your annexation
40 proceedings.
Mayor Kay: I would make it clear this was a City initiated
annexation and the City is the proponent.
Mr_. Chapman: There are, according to my information, several
residential dwellings on a. part of the pro-
perty that the Sentous Holding Company owns, at least two that are
outside of the area which you are proposing to annex and which we -
believe results in, a. violation of Section 35008. You propose to take
1300 acres. ' We'. own. 1800 acres,` at least our client does, and our
protest is'in the violation of technical procedure that you have
adopted and also of the Section that I have mentioned.
We believe that the interests of the owners of the property will be
damaged, the value perhaps decreased and there will be, what we think
a. severance damage that will justify..us in taking legal action.
We think the only way, if that property were taken into your City to
serve it, would be to have excessive taxation on our property and on
all other property owners of your City in order to put in roads, give
proper fire protection and all the things that should come from a.
City. We feel it is a wrong thing to do.
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C.C. 10-28-57 Page six
Southerly Annexation No. 158 - continued
Mr. Chapman - continued: In closing I wish to say, with no threat
regardless of the fact that I was thrown
out of this hearing for asking permission to speak before this body,
and as I say -- it is in no way of a, threat but we feel so strongly
against this that if your body decides against us we will take it to
Court and convince them we are right.
In submitting this matter to you I hope you will decide against this
annexation proceeding.
Mayor Kay: The points you raise in respect to Section
35008, annexation of property which a house
is located and without taking the house. In the part of the property
included the only house located was taken in and it was not excluded
from the area.
Mr. Chapman: I understand that your Honor explained to
someone that you purposely drew the line to
include the main ranch house where the dairy farm is, to try to come
within that section. Unfortunately we have two or three houses on the
portion that we claim is all one section.
Mayor Kay: I believe we took, or included within the area,
whole parcels of ground and did not break up
any parcels.
Mr. Chapman: You are talking as to how the property is
assessed on the tax roll and you have taken
one part of it and only to achieve this Wheeler property which is sub-
divided and I believe we know why. We can show that you come down into
about two-thirds of our property and a, strip into the Winnett property
to get the Wheeler property down below it, and which we believe will
permit you to extend further.
We feel that you haven't given us a. fair chance to present our case,
and the way I was thrown out was stupid.
Mayor Kay: The only reason you were requested to leave
the chambers was in that you would not come to.
order so that the necessary things could be handled and then you would
be permitted to speak.
Mr. Boswell of 448 So. Vienna.,Drive Beverly Hills stated as follows:
The Sentous Holding Company and Mr. Winnett have protested this matter,
which constitutes 1200 out of the 1600 .a.cres to come in. Aren't there
just two other property owners that actually want to come in?
Mayor Kay: Until this evening we did not know who would
or would not protest. There are four owners
within the area, and under that assumption Sentous would be the largest
and Winnetts the smallest (holdings).
C.C. 10-28-57 Page seven
• Southerly Annexation No. 158 - continued
Mr. Boswell: Is this Council aware the people that have
this property have owned it since the 1890's.
Have the people had this explained to them so they could know whether
you are acting in their best interests? There hasn't been anything
presented to the people of West Covina.
Mayor Kay: There has been considerable presentations to
the newspapers in the area.
Mr. Boswell: Might individual members of the Council have
any interest in hearing further information to
be presented as to the interests of the owners of this property?
Councilman Mottinger: I believe it is to the interest of all of us
• to hear valid protests and testimony and that
is why we are having this hearing this evening.
Mayor Kay: The large area has been studied by the Council
and the Planning Department for a period of
some 14 months. This study includes the area within Southerly Annexa-
tion No. 158 and we have gone over a considerable amount of'the property,
at least all the property that was reasonably accessible. We studied
it on the basis of what presently exists or what could exist in the
_' future and I believe that we are at the point now where we have mide
certain findings in our own minds, individually and collectively, to.
see whether we should proceed with the annexation.
This hearing tonight was to hear protests and any other additional
statements at this time.
do Councilman Mottinger: I would point out that quite a sizeable port-
folio was presented to the people of West
Covina. It was not something that could be mailed out and we ran
excerpts from that publication which was a study of that area to the
south. This annexation would be a portion of that entire study area.
It is not a 'hit or miss' program. It is a planned program.
Mr. P. G. Garnier, President of Sentous Holding Company stated as
follows:
In the master plan the Sentious Holding Company is included?
Mayor Kay: The Sentous Holding Company properties from
Pass and Covina Road, east, are included within
the study area.
Mr. Garnier: Why, in view of the master plan, would West
Covina not include the entire ranch? Possibly
ibecause if they included the whole ranch you would not have the 51-per
cent valuation needed to pass this annexation.
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CoC. 10-28-57 Page eight
Southerly Annexation No. 158 - continued
Mr. E. J. Caldecott, Attorney, of 417 So. Hill Street, Los Angeles was
sworn in by the City Clerk and stated as follows:
To begin, I believe the difficulty arose earlier from the motion given
by Councilman Brown in that he made,the statement that the annexation
be accepted, which so far as I was concerned was to pass this without
any proper hearing on it.
In regard to the annexation map and Mr. Ga.rnier's statements regarding
the rest of the property west of the annexation and east of Pass and
Covina. Road, and the $22,000.00 valuation on this parcel that is taken
and the $40,000.00 valuation on the parcel immediately east, and the
fact that Mr. Winnett's property has a total assessed value at $90,000.00
and on behalf of the protesting owners we feel this is. an obvious attempt
to get around assessed valuation in order to pick up a property down
below. From those you will have no protest and it was planned to take
Winnett's (property) and two-thirds of the ranch into the City regardless
of the owners because if you had included all of Winnett's property or
all of the Ranch you could not have done it.
As for Mr. Winnett's (property) you are taking 15 acres out of 1800 acres.
This is a step to take him into the City and he does not desire it and
feels it is not good for the property of for him.
Under Section 35008 you are required to take in all of the property in
which a residence of the property owner exists. It doesn't say all of
the existing parcel, it says "the property", and property is the extire
area. It is not severed by reason of records in the County. Winnett
has a, residence on the 1800 acres and under the provision of the Code
he says 'exclude my area' and if you exclude that area, which you must
under Section 35008, then you are faced with the matter that Wheeler's
property is not contiguous and the Sentous property is over the 5076
of protest.
We feel strongly about it and want no part of this annexation and when
Section 35008 was passed they were thinking of a situation just like
this one. They felt this type of thing was not good for the public
interest, and we feel that we have a higher rating in the County as
A-15 and you want to make this city property. They do not want it to
be city property.
We feel that Section No. 35008, combined with Section 35009, makes it
that the City can't swipe any part of your property without including
all that property.
We do not feel this annexation will be beneficial to the City and it
can't serve this area without going across the Sentous property.
I ask the property be excluded and annexation be denied.
Mayor Kay: Mr. Caldecott you mention a house on the
parcel of Winnett's ground.
we
C.C. 10-28-57
Page nine
Southerly Annexation No. 158 - continued
Mr, Caldecott: That is one of Winnett's residences. He has
many residences.
Mayor Kay: Is that his legal voting residence?
Mr, Caldecott: He has a housekeeper there all the time and he
is there more than occasionally. I can't say
whether he votes from that property or from that home.
Mayor Kay: Does the City Clerk have a statement as to the
registered voters in the area and where located.
City Clerk: I do not know how many registered voters are in
the area. However, we have a letter directed
to the Deputy City Clerk from the office of the Registrar of Voters,
dated September 15, 1957, stating that there are only two registered
voters in Southerly Annexation No, 158.
• Mayor Kay: One of the requirements are that we be certified
by the Office of Registrar of Voters to determine
whether the area, is inhabited or uninhabited, but we do not have the
names.
Is there anyone else desiring to testify?
There being no further testimony, the hearing was declared closed at
this stage.
Councilman Pittenger: Is the City Attorney's interpretation of the
Section 35008 referred to one that would con-
sider the protest a. valid protest?
City Attorney: It is a new section and I do not think you can
be ca,ta,gorical about interpretation. I think
there is doubt in regard to interpretation. It states 'the residence
dwelling of the owner'. I do not know whether the owner has made a
ca.tagorica.l statement it is his residence dwelling.
You have the obligation of making all findings of facts that it is or
it is not and your findings will be upheld.
Validity is concerned where you take in all the remainder and exclude
the dwelling site, which you are not doing,
The City Attorney presented and read Section 35008.
Councilman Mottinger: It seems to me that we have to consider, although
not act on, both items at the same time but that
if either or both of these properties were excluded that the annexation
would fall by the 'wayside' and I think we should give every considera.-
. tion to the protests as they have been.presentedo In order to maintain
the annexation as it is I feel that the request for withdrawal of P. Go
Winnett and Sentous Holding Company property should be denied.
Motion by Councilman Mottinger, seconded by Councilman Brown that the
request for withdrawal of his property by P, G. Winnett be denied.
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C.C. 10-28-57 Page ten
• Southerly Annexation No. 158 - continued
Motion passed on roll. call as follows:
,AYES: Councilmen Barnes, Brown, Mottinger,, Pittenger, Mayor. Kay
NOBS: None
ABSENT: None
Motion by Councilman Mottinger, seconded by Councilman Brown that the
request for withdrawal of property by the Sentous Holding_ Company be
denied.
Motion passed on roll e411 as follows:
AYES: Councilmen Barnes, Brown, Motttinger®: Pittenger, Mayor Kay
NOES: None
ABSENT: None
Motion by Councilman Brown, seconded by Councilman Mottinger that the
Catty Attorney be instructed to draw up an Ordinance to annex the pro-
perty known as Southerly Annexation No. lab and a.complete study to be
made by Council in regard to the effect of annexation upon the finances
of the City and property owners.
Motion passed on roll call as follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None
Mayor Kay called a, recess. Council reconvened at 9:15 P.M.
AMENDMENT TO ADOPTED LOCATION:• West side of Citrus Avenue,
PRECISE PLAN NO. 17 (Revised) between Workman and Garvey Avenues.
George Scofield
APPROVED REQUEST: Amendment•to adopted Pre-
cise Plan No. 17
EXISTING ZONE: C-2
Recommended for approval by the Planning Commission 'at their meeting of
October 2, 1957. Resolution No. 535. Notice of Public Hearing publish-
ed in the West Covina Tribune, October 17, 1957.
Maps were presented by the City Engineer and Resolution No. 535 of the
Planning Commission, approving this matter, was read.
Mayor Kay opened the public hearing, and all•those desiring to present
testimony were sworn in by the City Clerk.
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C.C. 10-28-57 Page eleven
Precise Plan No. 17-continued.
• Mr, B. G. Crandall of 606 South Hills Street, Los Angeles stated as
follows:
"I do not know whether a, request is in order at this time but there is
an amendment which we,would like to present and have read. It was not
an action of the Commission but a request for modification before this
Body."
The Planning Commission Secretary presented and read a, communication
dated October 14, 1957 from George Scofield requesting that the east -
west street,, running to Citrus Street, be moved 18-feet to the south
rather than 40-feet to the south as had been recommended, and approval
to have the north -south street running to Workman,
Mr, Crandall: This request has been given a great deal of
thought and I believe the only desire to have
the roadway moved 40-feet to the south was to provide greater parking
0 for the drive-in restaurant.
When this matter was before Council we believe the most important issue
taken was against creation of a traffic hazard, both now and in the
future, of traffic handling on that corner and we recognized your ob-
jection.
We feel this arrangement is a practical. one, not only from our stand-
point but the unlocking of a very unfavorable traffic condition that
exists with this 10 acres and much more property to the west and south.
There is no way for traffic to move through that long block, there are
no streets.
There being no further testimony, the hearing was declared closed.
Mr, W. Lynch stated that he would point out that the map of the pro-
perty to the north is not accurate. It is not to scale. It shows a
street access between Banes Brake Service and the stores that does
not exist.
Motion by Councilman Pittenger., seconded by Councilman Brown and carried
that (Revised) Amendment to Adopted Precise Plan No, 17 be approved,
granting the movement south of the east -west street by 18-feet as re-
quested and movement west of the north -south street up to 30-feet and
subject to the recommendations of the Planning Commission and City
Engineer,
AMENDMENT NO. 16 A proposal to adopt a "Sign Ordinance" for the
HEARING CONTINUED City of West Covina. Recommended for approval
by the Planning Commission at Adjourned Regular
• meeting of October 8, 1957. Notice of Public Hearing published in the
West Covina Tribune October 17, 1957.
Planning Commission Secretary: Since the entire text of the Sign Or-
dinance would constitute a great deal
of study I would simply refer to the Minutes of the Commission adopting
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Co Co 10-28-57
• AMENDMENT NOo16 - continued.
Page twelve
Planning Commission Secretary (cont.)
this Sign Ordinance and also to certain amendments to the zoning ordin-
ance concerning the regulation of signs.
Council shall receive copies of this Ordinance for study.
Mayor Kay opened the public hearing. There being no testimony present-
ed the hearing was continued, to be heard at a, later date after Council
has studied in detail the Sign Ordinance as presented.
GENERAL MATTERS
ORAL COMMUNICATIONS
The Planning Commission Secretary requested that the matter of Zone
Variance No. 216 be added to the Agenda,
The City Engineer stated that Item 7-A, regarding recommendations to be
made in relation to the request of a, subdivision of E. Poore, should be
added to the Agenda..
WRITTEN COMMUNICATIONS
The City Clerk stated that communications had been received from the
Southern Baptist City Missions and the representatives of the San
Gabriel Valley Association of Southern Baptist Churches expressing
their appreciation to the City Council for the action taken in regard
to the request of the South Hills Baptist Church.
• The City Clerk stated that a, communication had been received from the
News Editor of KDWC, Mr, Jim Arkison, inviting the City to use their
facilities to reach the people of the community for any and all non-
political messages or issue which might be deemed of interest to the
community, - - - -
The City Clerk stated that a communication had been received from H. E.
Hedger, Chief Engineer, Los Angeles County Flood Control District, a
copy of which each Councilman has, pertaining to the preparation of
a Preliminary Report of Existing Storm Drain Deficiencies.
ANNEXATION NO. 158 - (This matter was done at the suggestion of the
City Attorney).
Motion by Councilman Brown, seconded by Councilman Mottinger that the
previous motion and second regarding the findings of the Council in
relation to Southerly Annexation No. 158 be rescinded, in view of the
fact that additional evidence was obtained, and that the Council now
finds that all notices were properly given as required by law, that
the territory proposed to be annexed is uninhabited and is contiguous,
and that there has not been a majority protest in accordance with
Section 35313 of the Government Code.
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C.C. 10-28-57 Page thirteen
• ANNEXATION NO. 158 - continued,
Motion passed on roll call as follows;
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None
ZONE VARIANCE NO, 216 LOCATION: Easterly side of Lark Ellen
South Hills Baptist Church Avenue, on the north side of Walnut
APPROVED Creek Wash.
REQUEST: Church Use
EXISTING ZONE: R-A
• Referred to the Planning Commission by the City Council at their meet-
ing of October 14, 1957 with recommendation for approval,
The Planning Commission Secretary presented and read the motion of the
Planning Commission made at their Adjourned Regular Meeting of October
269 1957 as follows.:
. Motion by Commissioner Jackson, seconded by Commissioner Launer that
in view of the additional testimony presented there is nothing detri-
mental, per se, about the church location. The principA4 objection
previously voiced was that the traffic situation is going to be a major
problem and it is the recommendation of the Commission that the City
administratively, investigate the means and methods of control (of
traffic) and that it is the feeling of the Commission that it is
especially important until the bridge across Lark Ellen Avenue is re-
placed and widened. The motion passed on a roll call vote.
Motion by Councilman Brown, seconded by Councilman Pittenger that Zone
Variance No. 216 be approved, subject to the recommendations of the
Planning Commission and the City Engineer. Motion passed on roll call
as follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None
PUBLIC WORKS
DIRECTOR°S REPORT
REQUEST FOR FINANCES Mr, Johnson requested Council to authorize
• FOR REPORT TO THE LOS the amount of $3500.00 fok preliminary
ANGELES COUNTY FLOOD study and plans in relation to this report
CONTROL DISTRICT ON indicated in the communication from H. E.
LOCATION AND ESTIMATED Hedger of the County Flood Control District,
COST OF STORM DRAIN SYSTEMS and stated that the report must be in by
APPROVED January 1, 1958. Mr, Johnson indicated this
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C.C. 10-28-57 Page fourteen
• DIRECTOR'S REPORT - continued
amount would be financed from the flood control and storm drain fund.
Motion by Councilman Pittenger, seconded by Councilman Brown that
authorization be given for the amount of $3500.00 from the flood con-
trol and storm drain fund for plans required by the Los Angeles County
Flood Control District on the location and estimated cost of storm
drain systems.
Motion passed on roll call as follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None
Mr. Johnson: There -has been considerable discussion around
the City in regard to the freeway and certain
construction deficiencies. We submitted a formal report to the State
Highway Division and have received from the.14 a map and letter indicat-
ing those things on which they are working and we can review the
Plans sometime next month. The items will cover a, great many of the
deficiencies which we had in our report.
. This does not include major freeway design deficiencies that we are
studying at this time.
Mr. Johnson: I have.presented Council with a report of the
status of street and sewer assessment projects
so that you have some idea as to how far the work is going in both
40 fields. It will be our policy not to call for many bids in the next
two or three months, but to complete the balance of the plan as
quickly as we can.
Councilman Barnes: Is there any report in regard to the petition
regarding the Badillo Storm Drain?
Mayor Kay: That, I believe, has already been circulated.
Mr. Johnson: One petition has been circulated for Mayors
and other prominent people for the purpose of
obtaining immediate relief in Lower San Dimas Basin. The Civil Defense
group also has undertaken the work of spreading this petition through-
out the City. I am attempting to get this petition to other cities
.and am proceeding on that basis. I hope to ask, with your approval,
for a public hearing before the Board of Supervisors which is tenta-
tively set for the second week of December at which time we would make
a formal request of all complaints.
• Mayor . Ka Perhaps y y: p you could come in a, little later and
present us with a more definite date.
-14-
•
C.C. 10-28-57
CITY ENGINEER
TIME EXTENSION
M & B SUBDIVISION
NO. 135-30 - 135-90
Earl S. Eddins
Frank Bandy
(July 27, 1958)
APPROVED
Page fifteen
LOCATION. Northeast corner of Yarnell
Street and Willow Avenue, Extending
time for filing of Final Map.
NOTE: Original owner passed away.
Property transfer was held up in the
courts, cleared Probate Proceedings
on August 12, 1957.
Upon the recommendation of the City Engineer, motion by Councilman
Brown, seconded by Councilman Pittenger and carried that a time exten-
sion for the filing of the final map on M & B Subdivision No. 135-30 -
135-90 to July 27, 1958 be approved.
REQUEST OF EDWARD POORE LOCATION: South side of Yarnell Street
Subdivider in County Territory east of Meeker Avenue.
APPROVED
It_was recommended by the City Engineer that the westerly 413.58 feet
of Lot 82, Tract No. 20672, be opened for street and highway purposes
subject to the following conditions:
1) That a, minimum 10 foot widening strip for Yarnell Street be deeded
to the County of Los Angeles for street and highway purposes.
2) Tha,t said widening strip be improved with concrete curb and gutter
and with asphaltic pavement on aggregate base according to Los
Angeles County standards in order to obtain a forty foot pavement
width between curbs.
3) That the developer provide a 5 foot public utility easement, ad-
jacent to the said widening strip or provide other suitable means
for obtaining fire protection and utility services as required by
Los Angeles County.
Upon the recommendation of the City Engineer, motion by Councilman
Pittenger, seconded by Councilman Barnes and carried that the request
of Mr. Edward Poore be granted, subject to the conditions as set forth
by the City Engineer.
ACCEPT STREET IMPROVEMENTS Upon recommendation of the City Engineer,
PRECISE PLAN NO, 25 Motion by Councilman Brown, seconded by
Union Oil Company Councilman Barnes and carried that street
APPROVED improvements on Precise Plan No. 25 be
accepted and authorization be given for
the release of General Casualty Company Bond No. 337237 in the amount
of $1500.00.
RESOLUTION NO. 1216
ACCEPT GRANT DEED
Tract No. 23307
Street and Highway Purposes
ORANGE AVENUE
:ADOPTED
LOCATION: 734 North Orange Avenue
(Kimio Hata.keuama)
The City Attorney presented "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA ACCEPTING A GRANT DEED AND DIR-
ECTING THE RECORDATION THEREOF."
-15-
91
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C.C. 10-28-57
RESOLUTION NO. 1216 - continued
Page sixteen
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
Motion by Councilman Pittenger, seconded by Councilman Brown that
Resolution No. 1216 be adopted. Motion passed on roll call as follows:
AYES: Councilmen Barnes, Brown, Mottinger,Pittenger, Mayor Kay
NOES: None
ABSENT: None
RESOLUTION NC . 1217 LOCATION: Lot NQ's 1, 44, 54 - North
ACCEPT GRANT DEED Orange Avenue (Perry 0. Layton)
Tract No. 23307
Street and Highway Purposes The City Attorney presented "A RESOLU-
ORANGE AVENUE TION OF THE CITY COUNCIL OF THE CITY
ADOPTED OF WEST COVINA ACCEPTING A GRANT DEED
AND DIRECTING THE RECORDATION THEREOF."
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
Motion by Councilman Mottinger, seconded by Councilman Barnes that
Resolution No. 1217 be adopted. Motion passed on roll call as
follows:
AYES: Councilmen Barnes,
NOES: None
ABSENT: None
RESOLUTION NO. 1218
ACCEPT GRANT DEED
Tract No. 17325
Street and Highway Purposes
GLENDORA AVENUE AND DALEWOOD
STREET
ADOPTED
Brown, Mottinger, Pittenger, Mayor Kay
LOCATION: Southeast corner of Glen-
dora and Dalewood Streets, and north-
east corner of Glendora and Da.lewood
Streets.
The City Attorney.presented "A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA ACCEPTING GRANT DEEDS
AND DIRECTING THE RECORDATION THERE-
OF."
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
Motion by Councilman Barnes, seconded by Councilman Brown that Re-
solution No. 1218 be adopted. Motion passed on roll call a.s follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None
ENGINEER'S REPORT - TRAFFIC COUNTS The City Engineer presented and
read his report concerning the
results of traffic counts taken at Vincent, California and Garvey
Avenues; Azusa. and Cameron Avenues; Azusa and Vine Avenues.
16-
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11
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C. C. 10-28-57
ENGINEER'S REPORT (CONTINUED)
Page seventeen
ENGINEER'S REPORT RE: Additional protection for ped-
REQUEST OF COVINA SCHOOL DISTRICT estrians at Hollenbeck Street
Bridge over the Walnut Creek
Wash.
The City Engineer recommended that authorization be given for the
expenditure of $469.00 for the purchase of the following materials:
14 cu. yds. concrete @ $14.00 $ 196.00
3 tons asphalt plant mix surfacing @ $4.00 120.00
50 feet chain link @ $2.00 100.00
68 feet guard panel lumber @ $2.00 136.00
Lumber for foot bridge 25.00
$ 469.DU
The City Engineer stated all this work is to be done by street
maintenance forces and the project is to be financed from the
Contingency Fund.
Upon the recommendation of the City Engineer, motion by Councilman
Mottinger, seconded by Councilman Brown that authorization be given
for the expenditure of the sum of $469.00 for the additional pro-
tection for pedestrians at Hollenbeck Street Bridge over Walnut Creek
Wash. Motion passes on roll call as follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None
SANITATION None
PLANNING COMMISSION
ISIONS
TENTATIVE MAP LOCATION: Easterly side of Sunset
TRACT NO. 24225 Avenue, southerly of the proposed
Maurice Kandel extension of Cameron Avenue.
HELD OVER 7.8 Acres - 24 Lots - Area District II
Recommended for approval by the Plan-
ning Commission at their meeting of
October 16, 1957.
It was consensus that this matter be held over as requested by the
Planning Commission Secretary as it is a. matter in conjunction with
Zone Change 109 to be presented the Council's first November meeting.
GENERAL MATTERS
EGRESS AND INGRESS
ONTO HOLLENBECK STREET
APPROVED
Communication from Mr. Victor C. Jerris.
Recommended for approval by the Plan-
ning Commission at their meeting of
-17-
October 16, 1957.
C. C. 10-28-57 Page eighteen
• PLANNING COMMISSION - continued
GENERAL MATTERS
EGRESS AND INGRESS
ONTO HOLLENBECK STREET - cont.
Motion by Councilman Brown, seconded by Councilman Mottinger and
carried that the request of Victor C. Jerris for egress and ingress
onto Hollenbeck Street be approved, and the recommendations of the
Planning Commission be accepted. (See Resolution No. 1219).
PAA�RRvKS AND RECREATION COMMISSION
PURPOSED LEASE AGREEMENT FOR Park Coordinator: Contact has been
PARKING LOT ALONG THE NORTH made with the Suburban Water Company
SIDE OF CORTEZ PARK and we have received an expression of
(Suburban Wa.ter.Company) their willingness to lease the property
under -the terms previously discussed;
fence around pumping plant and opening of access to Rio Verde Drive.
We would like to have Council request the City Attorney to prepare a
lease, including a. fee schedule.
Mayor Kay: If you will, recall they (Suburban Water
Company) has stated that :this was of no
value to them since they ha.d been committed to lease to the Junior
. Chamber of Commerce so bear that in mind when drawing up this agree-
ment.
Motion by Councilman Mottinger, seconded by Councilman Barnes and
carried that this matter of the proposed lease agreement be accepted
and that the City Attorney be instructed to draw up a lease agreement
to be submitted to the Suburban Water Company.
• City Manager: I spoke to Mr. La. Fon and Mr. Garnier and it
was stated that they would draft that lease
and forward it to us on the $1.00 a. year basis.
RECOMMENDATION FOR THE It was consensus this matter be held
FORMATION OF CITIZEN over for further study until next
PARTICIPATION "SPORTS COUNCILS" regular meeting of Council.
CITY ATTORNEY
RESOLUTIONS
RESOLUTION NO. 1219 LOCATION: 2149 Daniels Avenue.
RETURNING OF DRIVEWAY ACCESS
Tract No. 18581, Lot No. 1 The City Attorney presented "A RESOLU_
• (Victor C. Jerris) TION OF THE CITY COUNCIL OF THE CITY
ADOPTED OF WEST COVINA GRANTING A PERMIT FOR
DRIVEWAY ACCESS TO HOLLENBECK STREET."
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
-18-
•
•
•
n
U
C. C. 10-28-57
RESOLUTION NO. 1219 - continued
Page nineteen
Motion by Councilman Pittenger, seconded by Councilman Barnes that
Resolution No. 1219 be adopted. Motion passed on roll call as
follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None
RESOLUTION NO. 1220 Granting a. permit for driveway access
RETURNING OF DRIVEWAY ACCESS to Hollenbeck Street.
Tract No. 19092, Lot No. 1
(Harold J. Giorda.ni) The City Attorney presented "A RESOLU-
ADOPTED TION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA GRANTING A PERMIT FOR
DRIVEWAY ACCESS TO HOLLENBECK STREET."
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
Motion by Councilman Pittenger, seconded by Councilman Barnes that
Resolution No. 1220 be adopted. Motion passed on roll call as
follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None
RESOLUTION NO. 1221 Granting a permit for driveway access
RETURNING DRIVEWAY ACCESS to Citrus Street.
Tract No. 20663, Lot 16
(Thomas R. Williamson) The City Attorney presented "A RESOLU-
ADOPTED TION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA GRANTING A PERMIT FOR
DRIVEWAY ACCESS TO CITRUS STREET."
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
Motion by Councilman Barnes, seconded by Councilman Pittenger, that
Resolution No. 1221 be adopted. Motion passed on roll call as
follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None
RESOLUTION NO. - CREATING NEW POSITION
Creating position of Director of Purchasing and Property Management.
It was consensus this be held over, at the request of the City
Attorney, pending further information.
-19-
•
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C. C. 10-28-57 Page twenty
RESOLUTION NO. ASSISTANT ADMINISTRATIVE OFFICER
Repealing Ordinance No. 444 creating position of Assistant Adminis-
trative Officer.
It was consensus this be held over, at the request of the City
Attorney, pending further information.
RESOLUTION NO. 1222 The City Attorney presented "A RESOLU-
INTENTION TO VACATE A TION OF THE CITY COUNCIL OF THE CITY
CERTAIN PORTION OF OF WEST COVINA DECLARING ITS INTEN-
BARRANCA STREET TION TO VACATE A CERTAIN PORTION OF
ADOPTED BARRANCA STREET."
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
Motion by Councilman Brown, seconded by Councilman Barnes that
Resolution No. 1222 be adopted. Motion passed on roll call as
follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None
RESOLUTION NO. 1223 The City Attorney presented "A RESOLU-
DEFINING PART-TIME POSITIONS TION OF THE CITY COUNCIL OF THE CITY
FOR OASI PURPOSES OF WEST COVINA DEFINING PART-TIME
ADOPTED POSITIONS FOR OASI PURPOSES."
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
Motion by Councilman Mottinger, seconded by Councilman Brown that
• Resolution No. 1223 be adopted. Motion passed on roll call as
follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None \
ORDINANCES
ORDINANCE NO. -PRECISE PLAN OF DESIGN
Amending Ordinance No. 2� by the addition thereto of provisions
relating to Precise Plans,of Design. (Second Reading)
It was consensus this matter be held over until meeting of Wednesday,
October 30, 1957.
SECOND READING LOCATION: North side of Garvey Avenue,
ORDINANCE NO. 548 between Sunkist and Orange Avenues.
Approving Zone Change
No. 108 "AN ORDINANCE OF THE CITY COUNCIL OF
(William B. Renwick) THE CITY OF WEST COVINA REZONING CER-
ADOPTED TAIN PROPERTY ON THE NORTH SIDE OF'
GARVEY AVENUE BETWEEN SUNKIST AND
-20- ORANGE AVENUES."
C.G. 10-28-57 Page twenty-one
• SECOND READING
ORDINANCE NO.548 - continued
•
•
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Ordinance.
Motion by Councilman Pittenger, seconded by Councilman Brown that
Ordinance No. 548 be adopted. Motion passed on roll call as
follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger, Mayor Kay
NOES: None
ABSENT: None
An Ordinance creating The City Attorney presented "AN ORDIN-
a. Civil Defense and Disaster ANCE OF THE CITY COUNCIL OF THE CITY
Council and the Position of OF WEST COVINA CREATING A CIVIL DE -
Director of Civil Defense and FENSE AND DISASTER COUNCIL AND THE
Disaster POSITION OF DIRECTOR OF CIVIL DEFENSE
INTRODUCTION AND DISASTER, THEIR DUTIES AND RE-
SPONSIBILITIES AND REPEALING ORDINANCE
NO. 301.11
Mayor Kay: Hearing no objections, the reading of the
body of the Ordinance will be waived.
Motion by Councilman Mottinger, seconded by Councilman Brown and
carried that the Ordinance be introduced.
Motion by Councilman Brown, seconded by Councilman Mottinger and
carried that the West Covina Civil Defense Manual of Operations be
accepted.
An Ordinance giving the
latest additions to the
Los Angeles County Uniform
Building, Plumbing, and
Electrical Codes
INTRODUCTION
The City Attorney presented "AN ORDIN-
ANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA ADOPTING BY REFERENCE
THE LOS ANGELES COUNTY BUILDING LAWS,
1956 EDITION, THE ELECTRICAL SAFETY
ORDERS 1955 EDITION, AND THE NATIONAL
ELECTRICAL CODE 1956 EDITION, AND PRE-
SCRIBING PENALTIES FOR THE VIOLATION
THEREOF."
Mayor Kay: Hearing no objections, the reading of the
body of the Ordinance will be waived.
Motion by Councilman Brown, seconded by Councilman Pittenger and
carried that the Ordinance be introduced.
Motion by Councilman Brown, seconded by Councilman Barnes and
carried that the City Clerk be instructed to publish a notice of
advertising for date of public hearing on the Ordinance regarding
changes in the building code. -21-
C.C. 10-28-57
Page twenty-two
An Ordinance providing for
The City Attorney presented " AN OR -
issuance of promises to appear
DINANCE OF THE CITY COUNCIL OF THE
in Court or before an officer
CITY OF WEST COVINA PROVIDING FOR
authorized to receive bail of
ISSUANCE OF PROXISES TO RECEIVE BAIL
persons arrested for violations
OF PERSONS ARRESTED FOR VIOLATIONS
of City Ordinances
OF CITY ORDINANCES; THAT FAILURE TO
INTRODUCTION
APPEAR AT TIME AND PLACE SHALL BE A
MISDEMEANOR; FOR ISSUANCE OF WARRANT
OF ARREST; APPLICATION OF ORDINANCE
TO ORDINANCES HERETOFORE PASSED AND
ADOPTED AND ORDINANCES ADOPTED IN
THE FUTURE; AND PENALTY FOR VIOLA-
TIONS."
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Ordinance.
• Motion by Councilman Mottinger, seconded by Councilman Barnes that
the Ordinance to introduced.
An Ordinance relating to claims The City Attorney presented "AN
against City Officers, Agents, etc., ORDINANCE OF THE CITY COUNCIL
INTRODUCED OF THE CITY OF WEST COVINA RE-
LATING TO CLAIMS AGAINST CITY
OFFICERS, AGENTS, EMPLOYEES,
BOARD MEMBERS OR COMMISSION
MEMBERS. "
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Ordinance.
Motion by Councilman Mottinger, seconded by Councilman Brown that
the Ordinance be introduced.
. PERSONNEL ORDINANCE City Attorney: At the last meeting of
REINTRODUCED WITH the Council this Ordinance was given
VARIOUS CHANGES. its introduction. However, there are
some changes that I have made, which
are as follows, and there should be motions made to accept these
changes and to re -introduce the Ordinance.
Section 7 - 'Sections 17, 18, 19 and 24 shall apply to a.11 full time
Positions but elective office.'.
Section 8 - Sub -section (d) - after the words 'Pity Manager in', the
sentence, should/be added "all other
cases as set foAh in Ordinance No.
432,
Section 17 - After the heading it should read:
"Any person holding office or employment in the com-
petitive service shall. not:
Section 18 - official 'or other' position 'in the city'.
-22-
C.C. 10-28-57
PERSONNEL ORDINANCE -continued
Page twenty-three
Section 19 - Under heading Discrimination - 2nd Paragraph
'This Ordinance shall be deemed to contain the language required by
Section 45050 and 45051 of the Government Code, subject to the ex-
ceptions contained in Section 45052, 45053 and 45054 of the Govern-
ment Code.'
Motion by Councilman Brown, seconded by Councilman Barnes and
carried that the changes, as noted by the City Attorney, be made in
the Personnel Ordinance.
Motion by Councilman Mottinger, seconded by Councilman Pittenger and
carried that•the Personnel Ordinance be re -introduced. -
CITY CLERK
PETITION FOR SANITARY SEWERS Sanitary Sewers in the Vincent Avenue
and Elgenia, Avenue Sewer District.
There are 338 nonvalidated signers, representing approximately 627o
of the total district. It was recommended that the petition be
presented to the City Council for referral to the City Engineer for
proper report.
. Motion by Councilman Brown, seconded by Councilman Mottinger and
carried that the Petition for Sanitary Sewers in the Vincent Avenue
and Elgenia Avenue Sewer District be referred to the City Engineer
for proper report.
POLYVIEW CORPORATION OF AMERICA Letter from Mr. W. H. Johnson,
President, Polyview Corporation of
Americ6 concerning the closed television circuit.
Councilman Mottinger: It seems we may be stringing this along
unduly and I wonder if it would be in order
to ask the City Attorney to review the request for franchise, as it
is now presented, and see if he would have any recommendations in
regard to our granting this.
City Attorney: I do not think they need a franchise unless
you have an ordinance that actually states
that streets shall not be used for public utility purposes without
franchise. You could grant them a blanket permit.
The League of California Cities has recommended these matters be
held until November 15th when they will have a. more concise report.
Mayor Kay: Is this a non-exclusive request, Mr.
Johnson?
• Mr. Johnson: That is correct. Los Angeles and San
Francisco have granted a. franchise on this
matter on a non-exclusive basis.
-23-
C.C. 10-28-57
Page twenty-four
POLYVIEW CORPORATION OF AMERICA - continued.
Councilman Pittenger: I think we should wait until the League
comes up with their recommendations so our
City Attorney has the opportunity of noting these things.
City Attorney: I would agree with Councilman Pittenger and
unless something.is very compelling I would
wait until we get the ideas from the League.
Mr, Johnson: There is nothing compelling except there is
one thing to be considered and that is the
obtaining of the equipment to get this closed TV circuit going.
Once it is started in large areas such as Los Angeles it will be
difficult to get such equipment.
I believe that Los Angeles has granted a franchise with an ordin-
ance to follow and we are willing to go along with the stipulations
made.
Councilman Pittenger: What about charges on this?
Mr. Johnson: The maximum charge would be $2.00, unless
there was approval from the Council to
obtain more.
Mayor Kay: You would be agreeable if ordinance was
drawn granting that you would charge no
more than $2.00 unless with the express consent of Council?
Mr. Johnson: Actually we have no thought of charging over
$1.00 if we can avoid it because over
that amount you have to pay entertainment tax,
Councilman Pittenger: I would rather see this ordinance come
out of the League first before we go ahead
with this,
Councilman Mottinger: These people are evidently willing to ac-
cept the ordinance of Los Angeles. Would
you be willing to accept a model ordinance as might be laid down
by the League?
Mr, Johnson: That is correct.
Councilman Pittenger: Perhaps it would also be those things laid
down by the City Attorney and the Council,
Councilman Mottinger: We have discussed tentative approval, sub-
ject to final ordinance, for this corpora-
tion so that they in turn might place their orders for equipment,
fully realizing they are gambling, and that there might be some-
ting inserted that would not be entirely to their liking. They
have agreed that in whatever the League comes up with they would
go along, and also know of the fact that we might add something
to this that would be desirable to our local situation,
-24-
C.C. 10-25-57
Page twenty-five
POLYVIEW CORPORATION OF AMERICA - continued,
Councilman of nued.
We could give them a letter of intent that we are going to provide
an ordinance in the near future and on the basis of that we could
take some action..
City Attorney: There would be nothing official about it.
If you decide to change the other way next
week there is nothing to prevent you doing it.
Councilman Pittenger: If they will neet the specifications of
the Los Angeles model Ordinance, plus
anything in the way of conditions that we may have as regards our
local community, then I feel it might be in order to give them
the non-exclusive franchise.
• Mr. Dillon: We would carry cable from house to house
either underground or overhead. Our re-
quest is to negotiate and use space occupied by power and tele-
phone poles.
City Attorney: At the present time, unless the City adopt-
ed an ordinance to hinder this type of
service, the only thing to be gained by the franchise would be to
put Something in on public streets or public parkways. The fran-
chise can be of two characteristics, describing certain streets,
or a blanket franchise to put poles and wires in any public
street.
Motion by Councilman Pittenger, seconded by Councilman Brown and
carried that the City Attorney be instructed to study the ordin-
ance submitted by the League of California Cities with the view
of drawing an Ordinance for the Cif Council of West Covina issuing
a franchise for a. closed circuit T.V. to the Polyview Corporation.
CONSIDERATION OF APPLICATIONS November 12, 1957
FOR THE SALE OF CHRISTMAS TREES
RESOLUTION NO. 1224
The City Attorney presented "A RESOLUTION
Annexation No, 157
OF THE CITY COUNCIL OF.THE CITY OF WEST
Set date for hearing
COVINA, DECLARING ITS INTENTION TO CALL A
protests -
SPECIAL ELECTION IN CERTAIN INHABITED
(November 25, 1957)
TERRITORY CONTIGUOUS TO SAID CITY PROPOSED
ADOPTED
TO BE ANNEXED THERETO, AND DESIGNATED
ANNEXATION NO. 1579 FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED ELECTORS RE-
SIDING IN SAID TERRITORY THE QUESTION
WHETHER OR NOT SAID TERRITORY SHALL BE AN-
NEXED TO THE CITY OF WEST COVINA, AND FIX-
ING A TIME AND PLACE
WHEN AND WHERE ANY PERSON OWNING REAL PROPERTY
WITHIN SUCH TERRITORY
MAY APPEAR BEFORE SAID CITY COUNCIL AND SHOW
CAUSE WHY SUCH TERRITORY SHOULD NOT BE SO ANNEXED."
r:
C.C. 10-28-57
RESOLUTION NO. 1224 - continued,
Page twenty-six
Mayor Kayo Hearing no objections, we will waive
further reading of the body of the
Resolution.
Motion by Councilma.n.Browne..seconded by Councilman Mottinger that
Resolution No, 1224 be adopted: Motion passed on roll call as
follows:
AYES: Councilmen. Barnes,
Mayor Kay
NOES: None
ABSENT: None
Brown, Mottinger, Pittenger
PETITION RE: Chicken Ranch at 1049 Vine Avenue to be investi-
gated. as an obnoxious and unsanitary use.
City Clerk: This is an administrative problem and
usually we send health authorities im-
mediately to such a.n area. However, the petition was addressed
to Council and I felt it Would be their desire ihat,we'report on
it.
Pla.nning.Commission I would like to request, on behalf of our
Secretary: part in this, that the City Council make
a, formal request of the County Health
Department to investigate this. We-have,had a very difficult
time getting these people's cooperation. The condition of the
property in question has been repeatedly brought to our attention
and I have investigated it and the County Health Department has
not been able to obtain the conformance that the other residents
have felt was.to the fullest extent.
The Health Department ha,s been on, the property on several occa-
sions a,t the request of the surrounding property owners, the
Police Department and upon my own request:
Mayor Kay: Did they file a report this use was
unsanitary?
Planning Commission They gave no report to the City, nor do
Secretary: I believe that such a. thing is customary,
a,nd I have had no access to the records
in order to advise myself of what,action ha,d been taken,
Councilman Brown: Where does this tie in with the Planning
Department?
Planning Commission Much to our objection we have been charged
Secretary: with it by.virtue of the general policy
• .of zoning enforcement, It has been
brought --forward as a zoning violation, although we have stated
that this is a non -conforming use and it can be permitted for a.
good number of years.
0
C.C. 10-28-57 Page twenty-seven
• PLANNING COMMISSION
SECRETARY - continued.
'1
It has been the policy of the Building Inspectors Police Chief
and myself to work as a team, but when it is indicated that a-
nother agency should be called I have been elected to do that
and in this case the County Health Department was contacted by
me.
Mayor Kay: You were brought into the matter because
of the terms of the zoning ordinance.
Planning Commission
Secretary: I would believe so.
Councilman Brown: There is no zoning problem involved here.
• Councilman Pittenger: It would seem to me this is an administra-
tive matter and not zoning. I think it
could be passed off to the City Manager.
.Mr. Harold Gruber of 1048 E. Portner Street stated as follows:
I live adjacent to this property and one part of the ranch is
less than 10-feet from the side wall of my house.
I know these people were here before my subdivision came into
reality. Although I have had several talks with the owners, at
the current time the debris under the pens has not been removed
since last February, and that was only done on the insistence
of the County Health Department.
4 f
I believe at one time it was zoned fox° an agricultural area but
such rulings can be very different when they come into relation
with a residential area.
I have a. 9 x 12 porch and without exaggeration there are 1500
flies covering the walls and I believe that they breed in the
litter of this chicken ranch.
If nothing else I believe that we have attempted to ask the City
to enact stronger health laws in relation to this use and the
area as it is now.
Mayor Kay: You are pointing out to us a condition
that is existing?
Mr. Gruber: That is right. One property owner in-
stalled a, pool and can't even use it
because of the flies and I can't put.a pool in because of the
litter and the feathers coming over to my property from the
chickens.
You can examine my property and see the mess I get within a
relatively short period of two weeks from all the flies. The
condition might be fine -in an agricultural community, but cer-
tainly not in such close proximity to a residential area.
-27-
:7
C.C. 10-28-57
Page twenty-eight
PETITION RE: Chicken; Ranch at 1049 Vine Avenue - continued.
Motion by Councilman Brown, seconded by Councilman Pittenger and
carried that the City Manager be instructed to get a, written
report on this matter from the County Health Department.
REQUEST FOR ROOFING OF PATIO City Clerk: I have a. communica.-
1048 Valinda Avenue tion in regard to this matter,
Robert K and Maxine L. Moreau dated October 26, 1957, and
received today in regard to the
construction of a patio roof. It was acted upon, informally,
by the Planning Commission at their meeting of October 16, 1957
and was disapproved.
Mayor Kay: Does this require a zone variance?
Planning Commission Yes, it would and the action taken (by
• Secretary: the Commission) was in the way of an
informal discussion with these people
and the Commission to get the feelings of the Commission on
submitting a. formal zone variance.
The action the Commission took, specifically, was that they
would discourage treatment of this under a. zone variance on the
.basis of the policy already established in other cases. How-
ever, the Commission has, in no way, barred them from filing
a zone variance. If they desire to do so they may proceed to
file their case,
Councilman Brown: Is this a completely enclosed patio or
attached to the building?
Planning Commission No, it is not completely enclosed.
. Secretary:
Mayor Kay: If a variance is required to do what
they want to do then it is impossible
for us to take action,
Councilman Brown: I do not believe this is in any shape
or form for a variance. That is why
I tried to bring out whether it is attached to the building
and not enclosed.
Mr. Moreau: It is open in the center and roof is
along the wall and across the house.
Councilman Brown: How close is the roof to the property
line?
Mr. Moreau: About 3 inches.
• Councilman Brown: It is illegal,
Councilman Pittenger: Did they apply for a building permit?
IME
•
•
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G.C. 10-28-57
Page twenty-nine
REQUEST FOR ROOFING OF PATIO continued,
Planning Commission To my knowledge, they did not.
Secretary:
Mayor Kay: I think this is a matter for our
Building Department to determine. If
they state it does not conform you could apply for relief to
the Commission or Council.
Mr. Moreau: The Building Inspector stated this was
too close to the (property) line.
Mayor Kay: How far did he say you should set back?
Mr. Moreau: He said 7-feet exactly.
It was the opinion of Council that the only thing to do at this
stage is to apply formally for a variance, although such a sug-
gestion does not indicate that it would be granted. It was
further indicated that Council cannot take action on this when
it apparently violates a zoning ordinance unless application
is made through a variance.
PETITION FOR INSTALLING Location: South Sunset Avenue, south
OF A CROSSWALK of Francisquito Avenue near Delvale.
It was consensus this matter be referred to the Police Depart-
ment.
REQUEST FOR FUND The communication was presented and
SOLICITATION read by the City Clerk,which requested
UNICEF approval for collection on Hallowe°en
DENIED for this organization.
Motion by Councilman Pittenger, seconded by Councilman Brown
and carried that this request be denied.
EXCHANGE CLUB REQUEST The communication was presented and read
TO SELL TICKETS by the City Clerk, which requested per -
APPROVED mission to sell tickets sponsoring a.
circus to raise funds for the various
projects this club is interested in.
Motion by Councilman Brown, seconded by Councilman Pittenger
and carried that authorization is given by Council permitting
the Exchange Club to sell tickets as requested in their com-
munication. - - - -
LOS ANGELES METROPOLITAN Request to Council to adopt a resolu-
ASSOCIATION tion petitioning Congress to enact
at the 1958 session the necessary
legislation authorizing more equitable apportioning of funds
to several states for construction and completion of the Nat-
ional System of Interstate and Defense Highways.
-29 -
C.C. 10-28-57 Page thirty
• LOS' ANGELES METROPOLITAN ASSOCIATION - continued.
The City Attorney was instructed by Council to draw up and pre-
sent a resolution regarding this matter,
The City Clerk stated that proposals to annex had been received
from the County of Los Angeles Boundary Commission in regard to
the following:
1) Covina Northerly Annexation No. 32 filed on October 9, 1957.
2) Notice of Intention to circulate a petition in certain un-
incorporated territory of Los Angeles County for incorpora-
tion of a, new City to be known as `Covina Highlands'.
3) City of Industry Annexation No. 8, filed October.18, 1957.
CITY TREASURER Treasurer's Report for September, 1957.
• Motion by Councilman Mottinger, seconded by Councilman Brown
and carried that the Treasurer's Report be accepted to be
filed for the record.
Discussion was raised by Council in regard to having all city
funds in West Covina Banks.
• The City Treasurer stated that this matter had been given con-
sideration in the past and the City Manager stated that it was
something that would have to be a gradual process in that there
was a great deal of stationery supplies, checks, etc., that
would be to the benefit of the City to use up before such a
step was taken.
• Mayor Kay questioned as to whether any action to do this would
be necessary from Council and the City Attorney stated that it
would be a matter that would rest with the City Treasurer.
COUNCIL COMMITTEE. REPORTS
Councilman Pittenger: The Streets and Highways Committee has
been very interested in the extension
of Vincent Avenue and feel that it is a priority matter with
the erection of a bridge over Walnut Creek Wash. There is a
serious situation there with the Plaza and the Center and that
is the reason they make the request that Council consider the
immediate erection of a. bridge and construction of this street.
There has been some discussion in regard to getting the R.O.W.
• from the various owners and they (the committee) have asked if
Council would instruct the Committee to approach the necessary
owners to see if we can get their coopora.tion to get R.O.W. and
the rest of the required things to put this through.
I present this matter to you and request some action on it.
-30-
4
C.C. 10-28-57 Page th.lty!�e
•
COUNCIL COMMITTEE, REPORTS -continued. �$
Motion by Councilman Pittenger, seconded by CouncL, n Brown
and carried to proceed, with irkructions as . taL `QeSd costs.
Councilman Barnes: Mr. Shaw of the Fire Underwriters. of
the Pacif is reported fire
rate would be out in a, matter of about 30 days ;:;and he indicated
we should be happy with the report.
However, he suggested that we should have another 'additional
fire department located on the north side of the freeway in the
near future and a Ladder Company located in our No.;,,�;,2,: Station
for the protection of the Eastland Shopping Ce4ter;<because it
is three stories high.
•
Mayor Kay: I was asked for an opinioA.-'from the
Ways and Means Committee.:.,n- regard
to revenues to the City and funds to be available. for ca.p-
ita.l improvements and what o.ffect the city payroll,had.upon
the city's expenditures. They asked my op in ion how deep
they should get into the matter of payroll and actual operat-
ing revenues.
•
I can see some merit in the matter and they might come up with
some reasonable recommendations to the City.
Councilman. Brown: I do not see how it could°be done and
I do not think that this Committee was
delegated to tell us what we were to do. They were,, to serve
as a, recommending body for capital improvements,,;
Mayor Kay: The point that I was getting'a.t is
that in making capital improvemnts in
the revenues we are currently using for those ends was it con-
ceivarble that we could be increasing the payroll and eating
up all that could be used for capital improvements, and they
are wondering if a. ratio could be established.
Councilman Mottinger: The Committee was formed tars�'a Ways
and Means to obtain capitak funds. It
may be there are some deficiencies in our City government to
be investigated, but I think that is going wa:y�,overtheir
limit. It is the prerogative of any citizen` to,._raise this
question but I think the Committee should devat'e,themselves
to actual sources of obtaining revenue.
City Manager: A few years ago studies were made over
a. number of cities and it was found
that two-thirds of the budget went for payroll, and in our
case it is substantially less. You have to fit ,a,pattern in
that ours is different than any other community of_a. like size.
-31-
C.C. 10-28-57 Page thirty-two.
•
COUNCIL COMMITTE, REPORTS -continued.;
City Manager -continued.
While the committee as s a valid, question it is wandering from
what the committee was actually established for. I do not
think you could attempt to make`any.particular ra,tio such as
salaries, operational expenses. -etc.
It was consensus that the Ways.and Means Committee stay away
from salaries.
REPORTS - CITY MANAGER
REVISED AGREEMENT OF We have revised -the agreement employ -
ACTING DIRECTOR OF ing the "servibbs of Harold L. Johnson
PUBLIC WORKS TO DIRECTOR from�'that.:;.of;.Acting Director to Dir-
OF PUBLIC WORKS ectoi.".of:.`Public..Works. This revision
carries.up.to,June 30, 1958 and is on
•
the same,. basis of renumera.tion as the
present .conttract, with duties adopted
as a special.stipulation to the agree-
ment..!
Motion by Councilman Brown, seconded'"bq=`Councilma.n Mottinger
and carried that the Mayor and City Clerk be authorized to
execute this agreement.
•
LEASE OF VEHICLES FOR THE Under the present arrangement for
POLICE DEPARTMENT the lease of vehicles for use by the
Police Department it requires 60 days
notice prior to cancellation. We
recommend the present arrangement be
terminated, the company be so notif-
ied and we enter into an agreement
for a different type of vehicle.
Motion by Councilman Brown, seconded by Councilman Pittenger
and carried that the recommendations of the City Manager re-
garding the leasing of vehicles for use by the Police Depart-
ment be accepted and he proceed along the lines indicated.
REINVESTMENT OF MONIES Motion by Councilman Brown, seconded
ALREADY INVESTED IN U.S.by Councilman Mottinger that
TREASURER NOTES $142,000,00 be re -invested in 90 days
Treasury Bills as recommended by the
City, Treasure)t.
Motion passed on roll call as follows:
AYES: Councilmen Barnes, Brown, Mottinger, Pittenger
Mayor Kay
• NOES: None
ABSENT: None
SURVEY OF CAPITAL Last spring the West Covina Co-ordina-
IMPROVEMENTS ting Council undertook a survey of cap-
ital improvements with the P.T.A. and
-32- various schools and we now have these
LJ
C�
•
•
•
C.C. 10-28-57 Page thirty-three
SURVEY OF CAPITAL -IMPROVEMENT -continued.
findings. It might be well to refer
this to the Capital Improvements Com-
mittee.
It was consensus that 'the suggestion of the City Manager be
accepted and these findings be referred to the Capital Im-
provements Committee..:;
The City Manager presented to the members of Council the pro-
posals as presented by the planning consultants in regard to
the master plan of -land use.
I wish to report iha.t`the request of the Police and Fire Sub-
committee in regard to making a, report pertaining to County
contract services is.now under way.
The public Utilities Commission received a, application for in-
crease in rates from the General Telephone Company. I would
like your thoughts in case you desire to take a, position in
this matter. The case has been given a number but no hearing
date has been set.
Mrs, Mary Van Dame: What procedure is necessary to give
Council a. raise, which I think should
be $50.00 a, meeting?
Mayor Kay: It is a. simple matter of perhaps just
placing the issue on the ballot at
our next election.
Mrs. Mary Van Dame: I am opposed to citizens committee's
and they are not giving you any help.
I an of the opinion that we elected
you people to do the work and if you did not think you could
do it you should not have accepted the positions.
Mayor Kay: The basic intent was that in this com-
mittee work and report we would have
the expression of the feelings of the people in the City. It
constitutes no more than findings to Council, although we felt
that would help and assist us.
Mrs. Mary Van Dame.: I believe that you are putting in too
many laws.
Mayor Kay: Most of these laws are of a. technical
nature to cover ommissions made in old
ordinance.
-33-
C.C. 10-28-57
Page thirty-four
• DEMANDS APPROVED Motion by Councilman Barnes, second-
ed by Councilman Brown that Demands be
approved in the amount of $43,789.77 as shown on Demand Sheets
C-56, C-57 and`B-30o This to include payroll funds transferred
in the amount of $30,236.40.
Motion passed on roll call as follows;
AYES: Councilmen Barnes, Brown, Mottinger,'Pittenger,
Mayor Ka.y.
NOES: None
ABSENT: None
There being no further business, the meeting was adjourned at
12 A.M. until Wednesday October 30, 1957, at 9 P.M.
•
LI