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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. r 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 -2- f 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. -8- 9 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. -4- 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. 0 -5- •J 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. -7- n U 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. -9 - 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. -10- 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 -11- 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. -12- 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 -13- 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 • C� 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- • 11 0 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- • U 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 • • • 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