03-10-1958 - Regular Meeting - Minutese.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
March 10, 1958
The meeting was called to order by Mayor Kay at 7:40 P.M. in
the West Covina City Hall. The invocation was given by Rev.
Mickels of the St. Timothy Lutheran Church
ROLL CALL:
Present: Mayor Kay, Councilmen.Ba.rnes., Mottinger
• Others Present: City Clerk, City Attorney, City Engineer,
Planning Commission Secretary, Sanitation
Engineer, Administrative Assistant.
Absent: Councilmen Brown, Pittenger, Acting City
Manager and Public Works Director, City
Treasurer.
APPROVAL OF MINUTES - February 24, 1.958
• Correction on Page 2, Para.7, the .statement of Councilman
Brown should :read 'I think we should have definite recommenda-
tions, etc,' instead of 'I think we should have different
recommendations, etc.' as shown.
The motion on Page 32, last paragraph, was indicated that it
should have read as follows: "to serve as Acting City Manager
• on the same basis as his present contract, starting March 1,
.1958," instead of 'to serve as Acting City Manager on a full
time basis starting March 1, 1958.'
In discussion of Council it was indicated there was a question
in regard to the full time and that the Acting City Manager
had questioned in reference to the 'full time basis' since it
was his feeling that Council's intentions had been this posi-
tion be filled on the same basis of so much per hour and as
much time as was needed.
Mayor Kay indicated that he believed Council's intention hard
been the position would be on the same basis of so much per
hour, but also on a full 8-hour a day basis. Mayor Kay stated
that he felt the Minutes should.stand as indicated on this
particular matter, and if the Acting City Manager desires to
change the arrangements he should speak to the Council regard-
ing it.
The Minutes of February 24, 1958 were approved as corrected,
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C.C. 3-1.0-58
Page two
Minutes of the Adjourned Regular meeting of Ma.rch' 3',1958.
Correction on Page 3, Para, 2 of Councilman Mottinger's
statement should read 'an average home of $6,000.00 assessed
valuation' instead of 'an average home of $16,000.00' as shown.
The Minutes of the adjourned meeting were approved as
corrected.
PUBLIC WORKS
DIRECTOR'S REPORT
In the absence of the Director, the City Engineer presented
the monthly Building Department Report for February, -1958,
• POLICE FACILITIES PROPOSAL
Report of Public Works Director
and City Engineer on proposed
facilities for Police Department
services.
The City Engineer read the report of the Public Works Director
as follows:
"Pursuant to your instructions we are submitting herewith
the Police Building particulars and advertisement notice to
receive offers for building lease to serve as Police Head-
quarters for a minimum period of from 3 to 7 years.
The City Attorney has reviewed the attached documents and
recommends that this matter be handled as per attached notice
rather than a formal bid with detailed specifications. (The
City Attorney will explain procedure at the regular Council
meeting.)
We are also attaching a memorandum from the City Engineer to
myself dated March 7, 1958, which indicates a preliminary
cost estimate between $15,700 and $28,875, which covers an
estimated expense to the City for partitions and walls, doors,
plumbing fixtures, electrical fixtures, and air conditioning.
This estimate, of course, is very preliminary in nature but
we believe you should consider the same in any determination
to relocate the Police Facilities."
The City Engineer stated that copies of this report and the
advertisement notice to receive offers for building lease had
been presented to members of Council with copies of the Public
Works Director's reports
City Attorney: The only comment I have is this. I think that
• any effort to be specific as to terms of
lease would only serve perhaps to eliminate
certain matters from consideration. This, by'nature, is
something you can only draw up when you know what the drawing
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C.C. 3-10-58 Page three
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is for and does not fall within the bidding statute.
Make it known that you want something and in a general way
what you want, then negotiate what you want..
Mayor Kay: You suggest this be advertised in the local
newspaper?
City Attorney: Yes. a
Councilman Mottinger: I believe this was also to include addi.-
tional space for various normal
functions of departments in the City
Hall, as well as Police Facilities,
• City Engineer: If that was the intention we did not
go into that consideration.
Mayor Kay: It was the intention to consider along
with Police facilities additional
space for use ,of other City departments
including the Engineering Department, and to lease some of
that space for such use along with it.
• Councilman Mottinger: Before we advertise and prepare pro-
pQsal,s we should have the whole picture.
It is obvious that we need more space
for other City uses than we presently have and I think it
should be put all in one package. It might make it even more
attractive to build a building, under those circumstances,
for that period of time mentioned.
Mayor Kay: How soon do you think a report could
be made in regard as to needs of other
departments for additional space.
City Engineer: It took us a week and a half to prepare
this report.It would possibly take
another two weeks to prepare such a
report that Council has in mind, but I believe it could be
presented by next regular Council meeting.
Mayor Kay: There is no point in advertising two
separate groups for these proposals
and I believe we should have a
motion in regard to this matter.
Motion by.Councilman Mottinger, seconded by Councilman Barnes
and carried that thematterof Police Facilities be taken
under further advisement and the City Engineer be instructed
• to make a survey of -the needs (of space) of other departments
.and present a report by next Council meeting.
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. C.C. 3-10-58 Page .four
COMIDA PARK SPRINKLER SYSTEM
City Engineer: Copies of this report have been submitted to
members of Council. and the Public Works
Director has also approved this report.
Councilman Mottinger: It would be my understanding that
the substance of the report is the
question of use of plastic materials
but that the particular specifications,
as submitted, were adequate and you would recommend taking
bids with alternate on galvanized pipe.
Motion by Councilman Mottinger, seconded by Councilman Barnes
and carried that bids be obtained for the sprinkler system in
• Comida Park according to the recommendations of the City
Engineer, and that there be a call for a receipt of bids on
March 31, 1958 at 10:00 A.M. in the City Clerk's office with
Council to have an adjourned meeting that evening to .receive
them. (See page 24)
SCHEDULED MATTERS
BIDS
• 1911 ACT ASSESSMENT For installation of Sanitary
DISTRICT A111-57-2 Sewers in the Margarita Drive
BID,AWARDED and Broadmoor area pursuant
A.R. Milosevich & Son to Resolution No. 1280 of the
West Covina. City Council.,
The bids were opened as advertised at 10:00 A.M. March 7, 1958
in the office of the City Clerk and referred to the City
Engineer for recommendation to the City Council at this meeting.
The City Engineer reports that the result of bids were as
follows:
Cabot Construction Company 10% bid bond
Frank Chutnuck Construction Co. .10% bid bond
George Dakovish
Charles J. Dorfman
Martin Kordick
L.D. & M. Construction Co,
A. R. Milosevich & Son
Fa Jo Moran & Son
10% bid bond
(corrected bid)
1.0% bid bond
10% bid bond
10% bid bond
10% bid bond
$5,500 bid bond
(correcte.d bid)
$48,675.55
58,418.37
52,280.607
52,279.572
53,466.23
46,081.90
62,671.64
45,311.22
52,950000
52,950.20
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• C.C. 3-10-58 Page five
BIDS - continued
Mike Ramljack Company 1.0% bid bond $55,578.70
(corrected bid) 55,583.61.
T-H Construction Co. 1.0% bid bond 53,100.23
The City Engineer recommended that the bid.for installation
of..Sa.ni.ta.ry Sewers under 1911 Assessment District A11.1-57-2
be awarded to A.R. Milosevich & Son in the amount of $45,311.22
as the lowest responsible bidder.
Upon the recommendation of the City Engineer., motion by Council-
man Barnes, seconded by Councilman Mottinger that the award of
• the bid on the installation of Sanitary Sewers in the Margarita
Drive and Broadmoor area, 191.1 Act Assessment District A111-57-2
be awarded to A.R. Milosevich & Son as the lowest responsible
bidder in the amount of $45,311.22 (and all other bid bonds
be returned to the unsuccessful bidders). Motion pa.ssed on
roll call as follows:
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Ayes: Councilmen
Noes: None
Absent: Councilmen
RESOLUTION NO, 1307
Awarding contrast for
installation of sewers
in Margarita Drive and
other streets within
the City.
ADOPTED
Barnes, Mottinger, Mayor Kay
Brown, Pittenger
The City Attorney presented and
read "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AWARDING THE
CONTRACT (FOR THE INSTALLATION OF
SEWERS) IN MARGARITA DRIVE AND
OTHER STREETS WITHIN THE CITY, IN
ACCORDANCE WITH RESOLUTION OF
INTENTION NO. 1265,"
Motion by Councilman Mottinger,. seconded by Councilman Barnes
that Resolution No. be adopted. Motion passed on roll
call as follows:
Ayes: Councilmen Barnes, Mottinger, Mayor Kay
Noes: None
Absent: Councilmen Brown, Pittenger.
ZONE CHANGE'NO. 114 LOCATION: Northwest corner of
Joseph & Phyllis Ro Vincent and Garvey Avenues.
Bertolini
APPROVED Recommended for approvalby the
Planning Commission under their
Resolution No. 568 from Zone R-A,
Potential C-1 to Zone C-1 and R-3.
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C.C. 3-10-58
Page six
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HEARINGS - continued
Notice of this Hearing published February 27, 1958 in the
West Covina
Tribune.
.Maps were presented by the City' Engineer, and Resolution No.
568 of the Planning Commission
was read.'
The Recommendations were as follows:
1) That all existing buildings be removed or demolished.
2) That sanitary sewers be provided.
Mayor Kay opened the public hearing and stated that all those
desiring to testify either in
favor or in Opposition to this
matter will rise -and be sworn in by the City Clerk.
.There being no testimony.presented, the hearing was declared
closed.
The Planning Commission Secretary presented a copy of Precise
Plan No. 122
as approved by the Planning Commission in con-
junction with their recommendation
-for approval of Zone Change
No. 114.
•
Motion
by Councilman Mottinger, seconded by Councilman Barnes
and carried that Zone
Change Noo 114 be approved, subject to
the recommendations of the Planning Commission and the City
Engineer.
PROTEST HEARING LOCATION. Portion of Sunset Hill.
STREET VACATION
Drive and Lemon Grove Avenue in
Outlinedin Resolution Tract No. 21524
at Potential
of Intention No. 1288 school site of Covina School
APPROVED District.
The City Clerk read the Resolution of Intention No. 1288 of
the City Council
and stated that there was in the file, the
Affidavit of Publishing in the West Covina Tribune
ary 20, 1958. on Febru-
The City Engineer stated that there was, in the file, an Af-
fidavit Of Posting of the Property.
Mayor Kay opened the Public hearing and stated that anyone de-
siring to Protest this matter should rise and be sworn in by
the City Clerk,
There being no tesitmony presented, the hearing was declared
closed.
C.C. 3-10-58
RESOLUTION NO. 1293
Ordering vacation of
certain portions of
Sunset Hill,Drive and
.Lemon Grove,Avenue
ADOPTED
Page seven
"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA ORDER-
ING THE VACATION OF CERTAIN
PORTIONS OF SUNSET HILL DRIVE AND
LEMON GROVE AVENUE.""
Motion by Councilman Barnes, seconded by Councilman Mottinger
that Resolution No. 1293 be adopted. Motion passed on roll
call as follows:
Ayes: Councilmen Barnes, Mottinger, Mayor Kay
Noes: None
Absent: Councilmen Brown, Pittenger
• INSTALLATION OF SANITARY SEWERS Hearing of protests or ob-
District A111-56-4 jections to forming 1911 Act
Assessment District to cover
installation of sanitary
sewers in the Workman Avenue, Irwindale Avenue Sewer District.
Set for hearing on this.date by Resolution of Intention No.
1286, passed by the City Council a,t,.their regular meeting of
February 24, 19580
Mayor Kay: The hour of 8:00.a,'.clock P.M. having arrived,
and passed, it is now the time and place for hearing protests
or objections against the improvement of Workman Avenue and
Irwindale Avenue and others as described in Resolution of In-
tention No. 1286.
Does the City Clerk have the following affidavits relative to
this hearing? The Affidavit of Publication, Affidavit of Post-
ing and Affidavit of Mailing?
City Clerk:' I have the affidavits.
Mayor Kay: I will entertain a. motion to receive and file
the affidavits..
.Motion by Councilman Barnes, seconded by Councilman Mottinger
and carried that the affidavits of publication, post-ing and
mailing be received and filed.for the record.
Mayor Kay: Has the City Clerk received any written pro-
tests or objections against the doing of the
proposed work.
City Clerk: There have been no objections received, either
oral or written.
Mayor Kay.- Are there any protests from persons in the
audience in relation to the installation of
sewers in District 56-4? If there are no
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C.C. 3-10-58
A'1-1-56-4 - continued
Page eight
oral or written protests I would have a. motion to declare this
protest hearing closed.
Motion by Councilman Barnes, seconded by Councilman Mottinger
and carried that the Protest Hearing in regard to the
Installation of Sanitary Sewers in.District 56-4 be closed.
RESOLUTION NO. 1294
Ordering work to be
done on Workman and
Irwindale Avenues
and others in accord-
ance with Resolution
of Intention No. 1286
ADOPTED
"A RESOLUTION' OF THE CITY COUNCIL
OF' THE CITY OF WEST COVINA, CALI-
FORNIA, ORDERING WORK TO BE DONE
ON WORKMAN,AVENUE AND IRWINDALE
AVENUE AND OTHER STREETS AND RIGHTS
OF WAY IN THE CITY OF WEST COVINA
.IN ACCORDANCE WITH RESOLUTION OF
INTENTION NO, 1286." (District
A111-56-4).
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. 1294 be adopted. Motion passed on roll
call, as follows:
Ayes: Councilmen Barnes,
Noes: None
Absent: Councilmen Brown,
Mottinger, Mayor Kay
Pittenger
RESOLUTION NO. 1295 "A RESOLUTION OF THE CITY COUNCIL OF
Directing bids to be THE CITY OF WEST COVINA, CALIFORNIA,
received, examined and AUTHORIZING CERTAIN OFFICERS TO OPEN
declared by the City BIDS RECEIVED PURSUANT TO THE IM-
Clerk PROVEMENT ACT OF 1911.11 (District
ADOPTED A111-56-4).
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
Motion by Councilman Barnes, seconded by Councilman Mottinger
that Resolution N ' o. 1295 be'adopted. Motion passed on roll
call as follows:
Ayes: Councilmen Barnes, Mottinger, Mayor Kay
Noes: None
Absent: Councilmen Brown, Pittenger
CITY ENGINEER
• TIME EXTENSION
Tentative Map
Tract No. 16876
(March 11, 1959)
APPROVED
DONSON FARMS
LOCATION: North side of Vine Avenue,
west of Pima Avenue.
Expiration date March 11, 1958.
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C.C. 3-10-58 Page nine
•
Upon the recommendation of the City Engineer, motion by Council-
man Mottingeri seconded by Councilman Barnes and Carried that a
time extension to March 11, 1959 be granted for the filing of
Final Map of Tract No.*16876,
TIME EXTENSION WENDELL Co BROCK
OF AGREEMENT
Tract N6,. -18277 LOCATION.- West side of California. Avenue
(May 15, 1958) north of Francisquito Avenue
APPROVED Expiration date March 15, 1958.
Upon -the. recommendation of the City Engineer, motion by Council-
man Barnes, seconded by Councilman Mottinger and carried that
a time.extension of
agreement time be approved for aperiod of
two months, to May
15, 1958, on Tract No. 1.8277.
•
TIME EXTENSION
FRANK C. SHELDON, INC.
OF AGREEMENT
Tract No. 20199
LOCATION,. -South side of Puente Avenue,
(March 13, 1959)
west of Lark Ellen Avenue.
APPROVED
Expiration date March 13, 1958.
Upon the recommendation
of the City Engineer, motion by Council -
.man Mottinger, seconded
by Councilman Barnes and carried that
•
a, time extension of
agreement time be approved forperiod of
one year, to March
.a
13, 1959, on Tract No, 20199.
TIME EXTENSION
SWARTZ-YEDOR BUILDING CORP.
OF AGREEMENT
Tract No. 210.14
LOCATION'S South side.of Cortez Street,
(September 1, 1958)
east of Barra,nca Street.
APPROVED.
Expiration date March 1, 1958.
Upon the recommendation
of the City Engineer, motion by Council-
man Motting er, seconded by Councilman Barnes and carried that
a time extension ' of
agreement time be approved for a, period of
six months, to September 1, 1958, on Tract No, 21014.
RESOLUTION NO, 1296
Approving Final Map
of Tract No. 21631,
and accepting dedica-
tions and agreement
by subdivider and
surety bond to secure
same
ADOPTED
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Maps were presented -by the City Engineer,
who stated that this is a slightly
different procedure than has been before
Council in the past in that the approval
of the Final Subdivision Map and accept-
ance of dedications and surety bonds to
secure same would now be in Resolution
form.
The City Attorney presented and read
"A RESOLUTION' OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA APPROVING THE
FINAL SUBDIVISION MAP OF TRACT NO,
21631-9 ACCEPTING THE DEDICATIONS THEREIN
OFFERED, ACCEPTING AN AGREEMENT BY THE"
SUBDIVIDER AND A SURETY BOND -TO SECURE
THE SAME."
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C.C. 3-10-58
RESOLUTION NO. 1296 - continued
Page ten
LOCATION. South side of Cameron Avenue, between Glendora and
Valinda Avenues. 9.3 Acres - 34 Lots - Area District II.
Upon the recommendation of the City Engineer, motion by Council-
man Barnes, seconded by Councilman Mottinger that Resolution No.
1296 be adopted, Motion passed on roll call as follows:
Ayes, Councilmen Barnes,, Mottinger, Mayor Kay
Noes: None
Absent: Councilmen Brown, Pittenger
RESOLUTION NO. 1297 Lot No. 37 in Tract No. 18453 to be known
Opening 1-foot lots as Holly Place. Lots No. 34, 35, 36, 37
for access to Tract in Tract No. 17637 to be known as
No. 21631 Susanna Avenue.
ADOPTED
"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA ACCEPT-
ING FOR STREET AND HIGHWAY PURPOSES '
CERTAIN REAL PROPERTY HERETOFORE GRANTED
AND CONVEYED TO SAID CITY."
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
Upon the recommendation of the City Engineer, motion by Council-
man Barnes, seconded by Councilman Mottinger that Resolution
No. 1297 be adopted. Motion passed on roll call as follows:
Ayes:, Councilmen Barnes,
Noes: None
Absent: Councilmen Brown,
RESOLUTION NO, 1.298
Approving Final Map
of Tract No. 23084
and accepting dedications
and agreement by subdivider
and surety bond to secure same
ADOPTED
Mottinger, Mayor Kay
Pittenger
Maps were presented by the City
Engineer.
"A RESOLUTION OF THECITY COUNCIL
OF THE CITY OF WEST COVINA-,
APPROVING THE�FINAL SUBDIVISION
MAP OF TRACT NO. 23084, ACCEPT-
ING THE DEDICATIONS THEREIN
OFFERED, ACCEPTIN6.AN AGREEMENT
BY THE SUBDIVIDER AND A SURETY
BOND TO SECURE THE SAME,"
LOCATION: Northwest corner of Francisquito-and Walnut Avenues.
9 Acres - 36 Lots - Area District II. Numerous Corporations -
Don Wilson, President.
Mayor Kay*: Hearing no objections, we will waive further
reading of the Resolution,
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C.C. 3-10-58
Page eleven
Upon the recommendation of -the City Engineer, motion by
Councilman Barnes, seconded by Councilman Mottinger that
Resolution No. 1298 be adopted. Motion passed on -roll call
as follows:
Ayes, Councilmen Barnes, Mottinger, Mayor Kay
Noes'. None
Absent: Councilmen Brown, Pittenger
RESOLUTION' NO. 1299 "A RESOLUTION OF THE CITY COUNCIL OF
Restoring Vehicular THE CITY OF WEST COVINA GRANTING 'A
access PERMIT FOR DRIVEWAY ACCESS TO GARVEY
ADOPTED AVENUE."
LOCATION: Garvey Avenue, east of Lark
Ellen, west of Homerest Avenues.
Restoring Vehicular access to Garvey Ave. from Lot 67 and Lot
69 Tract No. 17848.
Mayor Kay: Hearing no objections, we will, waive further
reading of the body of the Resolution.
Upon recommendation of the City Engineer, motion by Councilman
Mottinger seconded by Councilman Barnes that Resolution No.
1299 be adopted. Motion passed on. roll call as follows:
Ayes: Councilmen Barnes,
Noes: None
Absent: Councilmen Brown,
RESOLUTION NO. 1,300
.Accept Grant Deed for
Street and Highway Purposes
M & B-Subd. No. 135-90
ADOPTED
Mottinger, Mayor Kay
Pittenger
LOCATION. Northeast corner of
Yarnell Street and Willow Ave.
"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
ACCEPTING A CERTAIN WRITTEN
INSTRUMENT AND DIRECTING THE
RECORDATION THEREOF." (Frank H.
and Louise G. Bandy)
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution,
Upon recommendation of the City Engineer, motion by Councilman
,Barnes, seconded by Councilman Mottinger that Resolution No.
1300 be Adopted. Motion passed on roll call as follows:
Ayes: Council -men Barnes, Mottinger, Mayor Kay
Noes: None
,Absent: Councilmen Brown, Pittenger
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C.C. 3-10-58
Page twelve
RESOLUTION NO. 1301. LOCATION: C-1. Area. - 138 So. Glendora
Accept Grant.Deed for Avenue.
Street and,Highway Purposes
on Zone Change No. 1.6 ItA RESOLUTION OF THE CITY COUNCIL OF
ADOPTED THE CITY OF WEST COVINA.ACCEPTING A
CERTAIN WRITTEN' INSTRUMENT AND
DIRECTING THE, RECORDATION THEREOF,"
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
Upon the recommendation of the City.Engineer, motion by Council-
man Mottinger, seconded by Councilman Barnes that Resolution No.,
1301 be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Barnes, Mottinger, Mayor Kay
Noes: None
Absent: Councilmen Brown, Pittenger
PRELIMINARY REPORT LOCATION- Area between Hollenbeck Street
District A'11-57-N and Ma.nzanita Drive and between Green -
Sanitary Sewer ville Avenueand Alaska Street; designated
ACCEPTED as the Hollenbeek Street and Vine Avenue
Sewer District.
• The City Engineer stated there is submitted the signed petition
and preliminary assessment map for this district. All the signa-
tures have been validated against the last tax roll, and represent
62.5% of the area of the district. The preliminary estimate of
cost for this project is $28,600.00 or approximately $395.00 per
lot. This includes construction costs, engineering and inciden-
tal expenses.
•
Upon recommendation of the City Engineer, motion by Councilman
Mottinger., seconded by Councilman Barnes that the map be approved
and filed with the City Clerk, and that the City Engineer be in-
structed to request the health officer to investigate the sani-
tary conditions of the district and the City Engineer also be
instructed to. proceed.with the preparation of final plans and
specifications for the project,
Motion passed on roll call as follows:
Ayes: Councilmen Barnes, Mottinger, Mayor Kay
Noes: None
Absent: Councilmen Brown, Pittenger
DISTRICT A111757-3 'Lark Ellen Avenue and Stuart Avenue,
(1911 Act) et al Sewer District.
APPROVED
•
Report of the County of Los Angeles Health-Officeri was submitted
and recommendation was for the acceptance of the report and that
the City Engineer proceed pursuant to provisions of Section 2808,
Division 4, of StreetsandHighways Code. The report of the
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C.C. 3-10-58 Page thirteen
DISTRICT A'11-57=3 - continued
Health Officer stated as follows:
"RECOMMENDATION": It is respectfully recommended that sanitary
sewers be installed in this district.
ANALYSIS: This Department has made an investigation of
the Lark Ellen Avenue and Stuart Avenue Sani-
tary Sewer District, A'11-57-3 City of West
Covina., as shown on the attached map. During
the course of this investigation 151 house -to -house calls were
made. Of this number 36:6cpupants were not at home or did not
answer the door. Of the,ilt"property owners or tenants actually
contacted, 61 or 53.04% k'opdifed that they had experienced
• trouble with their individual, subsurface sewage,d�sposal systems.
They complained that the seepage pits filled up causing raw
sewage to back up into the house plumbing fixtures or to over-
flow.on to the surface of the ground, also that frequent pumping
and cleaning out of the seepage pitts or the construction of
new pits was necessary.
The soil within the area of this pr®posed sanitary sewer district
consists mostly of loam and clay, This type of soil is not con-
• ducive to the proper functioning of any type of individual sub-,
surface sewage disposal system as it has poor leaching capabilities.
One contact reported that they had pumped their seepage pit four
times; this home was four years old. Another contact reported
they had pumped their seepage pit seven times. This home was
five years old.
• In view of our survey, I, the undersigned Health Officer�'6f the
County of Los Angeles, ha.ving been officially designated by the
City Council of the City of West Covina to perform public health
services for the City of West Covina, do hereby recommend that
proceedings be instituted at once for the construction of sani-
tary sewers in the Lark Ellen Avenue and Stuart Avenue Sanitary
Sewer District, City of West Covina. This recommendation is
made as an improvement necessary to the protection of public
health and pursuant to the provisions of Section 28,08 of the
Streets and Highways Code.,
Signed
Kenneth Ho Sutherland, M.D.
Assistant Health Officer
Motion by Councilman Mottinger, seconded by Councilman Barnes
and carried that the preliminary report of District 57-3 (1,91.1
Act) be accepted and the Sanitation Department be instructed
to proceed pursuant to provisions of Section 2808, Street -and
Highways Code.
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C.C. 3-10-58
RESOLUTION NO, 1302
Determining tha.t
construction of certain
sanitary sewers is necessary
as a health measure.
ADOPTED
Page fourteen
Lark Ellen Avenue and Stuart
Avenue Sanitary Sewer District
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DETERMINING THAT THE CONSTRUCTION OF CERTAIN SANITARY
SEWERS IS NECESSARY AS A HEALTH MEASURE IN JAMES AVENUE BETWEEN
CHERRYWOOD STREET AND LEAF AVENUE, AND DALEWOOD STREET BETWEEN
ALLEY EAST OF GLENDORA AVENUE AND GLENDORA AVENUE, AND NORMA
AVENUE BETWEEN 150 FEET`EAST OF BUTTERFIELD ROAD AND BUTTERFIELD
ROAD, AND NORMA AVENUE BETWEEN 150 FEET± EAST OF TURNER AVENUE
AND TURNER AVENUE, AND RIGHT OF WAY SOUTH OF GARVEY AVENUE BETWEEN
GLENDORA AVENUE AND RIGHT OF WAY EAST OF VINCENT AVENUE AND STATE
STREET BETWEEN RIGHT OF WAY WEST OF GLENDORA AVENUE AND VINCENT
AVENUE, AND STUART AVENUE BETWEEN HOMEREST AVENUE AND LARK ELLEN
AVENUE, AND HOLLY OAK DRIVE BETWEEN HOLLY OAK PLACE AND TURNER
AVENUE, AND CEDARBROOK STREET BETWEEN PIMA AVENUE AND ASHWOOD
STREET, AND ASHWOOD STREET BETWEEN WALNUT CREEK PARKWAY AND
BANDY AVENUE, AND RIO VERDE DRIVE BETWEEN LEAF AVENUE AND TURNER
AVENUE, AND SUNSET HILL DRIVE BETWEEN LEAF AVENUE AND LARK ELLEN
AVENUE, AND RIGHT OF WAY NORTH OF WALNUTCREEK PARKWAY BETWEEN
CHERRYWOOD STREET AND LEAF AVENUE, AND WALNUT CREEK PARKWAY BETWEEN
AZUSA AVENUE AND CHERRYWOOD STREET, AND WALNUT CREEK PARKWAY
BETWEEN LARK ELLEN AVENUE AND GLENDORA AVENUE, AND RIGHT OF WAY
NORTH OF WALNUT CREEK WASH BETWEEN GLENDORA AVENUE AND 400 FEET+'
EAST OF BATELAAN AVENUE, AND AZUSA AVENUE BETWEEN GARVEY AVENUE -
AND 400 FEET t'NORTH OF WALNUT CREEK PARKWAY AND HOMEREST AVENUE
BETWEEN 550 FEET"'�➢NORTH OF NORMA AVENUE ANDSTUARTAVENUE, AND
HOLLY OAK PLACE BETWEEN HOLLY OAK DRIVE -AND 250 FEET:2 SOUTH OF HOLLY
OAK DRIVE, AND WALNUT CREEK PLACE BETWEEN 150 FEET" NORTH OF
WALNUT CREEK PARKWAY AND WALNUT CREEK PARKWAY, AND MYRTLEWOOD
STREET BETWEEN 550 FEET t NORTH OF NORMA AVENUE AND STUART AVENUE,
AND MYRTLEWOOD STREET BETWEEN HOLLY OAK DRIVE AND WALNUT CREEK
PARKWAY AND FERNWOOD STREET BETWEEN 550 FEETt' NORTH OF NORMA
AVENUE AND STUART AVENUE, AND FERNWOOD STREET BETWEEN HOLLY OAK
DRIVE AND WALNUT CREEK PARKWAY, AND CHERRYWOOD STREET BETWEEN
GARVEY AVENUE AND STUART AVENUE, AND CHERRYWOOD STREET BETWEEN
HOLLY.OAK DRIVE AND WALNUT CREEK PARKWAY, AND LEAF AVENUE BETWEEN
JAMES AVENUE AND STUART AVENUE, AND LEAF AVENUE BETWEEN HOLLY
OAK DRIVE AND 105 FEET"a SOUTH OF SUNSET HILL DRIVE, AND BUTTERFIELD
ROAD BETWEEN 550 FEET± NORTH OF NORMA AVENUE AND STUART AVENUE,
AND ROBIN ROAD BETWEEN 550 FEETt NORTH OF NORMA AVENUE AND STUART
AVENUE, AND TURNER AVENUE BETWEEN 450 FEET""®NORTH OF NORMA AVENUE
AND STUART AVENUE, AND TURNER AVENUE BETWEEN HOLLY OAK DRIVE AND
SUNSET HILL DRIVE, AND LARK ELLEN AVENUE BETWEEN GARVEY AVENUE
AND WALNUT CREEK WASH, AND ASHDALE STREET BETWEEN GARVEY AVENUE AND
WALNUT CREEK PARKWAY, AND ASTELL AVENUE, BETWEEN GARVEY AVENUE
AND WALNUT CREEK PARKWAY, AND GARDENGLEN STREET BETWEEN GARVEY
AVENUE AND WALNUT CREEK PARKWAY, AND PIMA AVENUE BETWEEN BANDY
AVENUE AND WALNUT CREEK PARKWAY, AND ALLEY EAST OF BANDY AVENUE
BETWEEN PIMA AVENUE AND BANDY AVENUE, AND''BANDY AVENUE BETWEEN
14 -
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•
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0
C,C. 3-10-58
RESOLUTION NO. .1302 continued
Page fif -teen
DALEWOOD STREET AND WALNUT CREEK PARKWAY, AND ALLEY AND RIGHT
OF WAY EAST OF GLENDORA AVENUE BETWEEN DALEWOOD STREET AND WALNUT
CREEK PARKWAY, AND GLENDORA AVENUE BETWEEN GARVEY AVENUE AND
DALEWOOD STREET AND GLENDORA AVENUE BETWEEN WALNUT CREEK PARKWAY
,AND RIGHT OF WAY NORTH OF WALNUT CREEK WASH, AND RIGHT OF WAY
WEST OF GLENDORA AVENUE BETWEEN 650.FEET:!:-NORTH OF STATE STREET
AND STATE STREET9 AND RIGHT OF WAY EAST OF VINCENT AVENUE BETWEEN
RIGHT OF WAY' SOUTH OF GARVEY AVENUE AND STATE STREET,, AND VINCENT
AVENUE BETWEEN RIGHT OF WAYSOUTH OF GARVEY AVENUE AND STATE
STREET,, AND VINCENT AVENUE BETWEEN GARVEY AVENUE - AND RIGHT OF WAY,
NORTH OF WALNUT CREEK WASH, AND CALIFORNIA AVENUE BETWEENGARVEY
AVENUE AND RIGHT OF WAY NORTH OF WALY(JIT CREEK. WASH. "
Mayor Kay: Hearing no ob3ect.ions, ive wi,11 walve further reading
of the body of the Resolution.
Upon recommendation of the City Engj.nc�er, motion by Councilman
C3
Mottinger, seconded by Councilman Barnes that Resolution no.
1302 be adopted. Motion passed on roll, call. as follows...
Ayes; Councilmen
Noes: None
Absent,,,, Councilmen
RESOLUTION NO,
Accept Bond for,
Sewer
(Reimbursement
No. 2)
A DOPTED
1305
Sanitary
Barnes, Mottinger, Mayor Kay
Brown, Pitte;nger
Ti lo]_]..enbeck and Greens ille Drive
SeWEr1'.
District, "A RESOLUTION OF THE'CJ'TY COUNCIL OF
THE C'��= OF WEST COVINA, CALIFORNTA
APPROVI,'NG A BOND TO GUARANTEE COST
OF CONSTRUCTION OF' SANITARY SEWERS."
Per connection, to Mr. Hardyls Sub-
divi,sion Tr. No. 21425 and Tr, No.,
20 588 .
Upon the recommendation. of the City Engineer, motion by Council-
man Mottinger, seconded by Couacilman Barnes that Resolution No.
1303 accepting Pacific Employees Insurance Company Bond No.
ll-B-61387 in -the amount of $1.3,100.00 for wa.nitary sewers, be
adopted. Alotion passed on roll'call as
Ayes . Couric Amen
Noes- None
Absent, Councilmen
ACCEPT SEWER FACILITIES
Zone 'Variance No. 220
APPROVED
Barnes, Mottinger, Mayor Kay
Brown, Pit-tengeAr
LO(, 'ATON I� Right�-()f-Way Easement
South of Garvey Avenue, east of
Meadow Ro,,acl,
Upon the recommendation of the City Engineer, motion by Council-
m.an Barnes, seconded. by Councilman Mottinger and carried that
- 15 -
LJ
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Cl
Page f if -teen
RESOLUTION NO. 1.302 - con-t1nued
DALEWOOD STREET AND WALNUT CREEK PARKWAY, AND ALLEY AND RIGHT
OF WAY EAST OF GLENDORA AVENUE BETWEEN DALEWOOD STREET AND WALNUT
CREEK PARKWAY, AND GLENDORA AVENUE BETWEEN GARVEY AVENUE AND
DALEWOOD STREET AND GLENDORA AVENUE BETWEEN WALNUT CREEK PARKWAY
.AND RIGHT OF WAY NORTH OF WALNUT CREEK WASH, AND RIGHT OF WAY
WEST OF GLENDORA AVENUE BETWEEN 650 FEETt NORTH OF STATE STREET
AND STATE STREET', AND RIGHT OF 'WAY' EAST OF VINCENT AVENUE BETWEEN
RIGHT OF WAY' SOUTH OF GARVEY AVENUE AND STATE STREET, AND VINCENT
AVENUE BETWEEN RIGHT OF WAYSOUTH OF GARVEY' AVENUE AN'D STATE
STREET, AND VINCENT AVENUE BETWEEN GARVEY AVENUE AND RIGHT OF WAY
NORTH OF WALNUT CREEK WASH, AND CALIFORNIA AVENUE BETWEEN' GARVEY
AVENUE AND R"IGHT OF WAY NORTH OF WALNUT CREEK WASIL T1
Mayor Kay. Hearing no objections, we wi.11 walve further reading
of the body of the Resolut,11,0n.
Upon recommendation of the City Engineer, motion by Councilman
Mottinger, seconded by Councilman Barnes that Resolution no.
1302 be adopted. Motion passed on. roll, call as foll,ows,-,
Aye..s.- Councilmen
Noes: None
Absent:,, Councilmen
RESOLUTION' NO,
Accept Bond for,
Sewer.
(Reimbursement
No. 24)
ADOPTED
1303
Sanitary
Barnes, Mottinger, Mayor Kay
Brown, Pittenger
Rol-lenbeck and Greeri,?Jlle Drive
Sewer.
"A RESOLUTION OF THE C-11,TY COUNCIL OF
THE CITY' OF WEST COVINA, CALIFORNIA
APP-ROVING A BOND TO GUARANTEE COST
OF CONSTRUCTION OF' SANITARY SEWERS."
Per connection. to Mr. Hardy?s Sub-
division Tr. No0 21.425 and Tr. No.
20588,
Upon the recommendation. of the City Engineer, motion by Council-
man Mottinger, seconded by Coin c:1.1,naan Barnes that Resolution No.
1303 accepting Pacific Employees Insurance Company Bond No.
11-B-61387 in -the amount of $13,100.00 for .sanitary se"r wes,be
adopted. Motion. passed on roll'call as follov�si-
Ayes . Councilmen
Noes,- None'
Absent,. Councilmen
ACCEPT SEWER FACILITIES
Zone Variance No. 220
APPROVED
Barnes, Mottinger, Mayor Kay
Brown, Pittenger
LOCATION. Right -of -Way Easement
south of Garvey Avenue, east of
Meadow Road.
Upon the recommendation of the City Engineer, motion by Council-
man Barnes, seconded by Councilman Mottinger and carried that
- 15 .-
C.C. 3-10-58 Page sixteen
sewer facilities in Zone Variance No. 220 be accepted and
authorization be given for the release of cash deposit in the
amount of $700.00 from John L. Laun.
ACCEPT SEWER FACILITIES LOCATION- Orange Avenue, from
Project SS-3 Soo Orange Merced'Avenue to the San Bernardino
Avenue Sanitary Sewer Freeway,
APPROVED
Upon the recommendation of the City Engineer, motion by Council-
man Mottinger seconded by Councilman Barnes and carried, that
sewer facilities in Project SS-3 Soo Orange Avenue Sanitary Sewer
be accepted, and authorization be given for the release of Anchor
Casualty Company Bond No. 141085 in the amount of $13,884.90.
• GENERALMATTERS
ORAL COMMUNICATIONS
Mayor Kay:. Are there any matters not on the Agenda:
Administrative Assistant The Director of Public Works and
(Mr. Swindall) Acting City Manager, together with
• Councilmen Jay Brown and Dale
Pittenger are absent from this meet-
ing due to the fact that they are presenting a report covering
the Freeway Deficiencies and the Azusa Avenue and Badil.lo drain-
age problems to the California State Division of Highways in
Sacramento, this date.
Mayor Kayo I also believe they are going to make a request
for another Judge for the Citrus Municipal
Court.
PAY T_ v_
Mr, A. M. Gilmore, representing the Polyview Corporation of
American stated as follows:
"You have an application with you for the right to put co -axial
cable in the City of West Covina. As outlined at the last work
session (of Council) it will consist of putting the cable from
home to home and crossing the City streets in not more than 89
locations and upon this cable would be carried three (3) video
tracts.
One would carry a new T.V. program to the City of West, Covina,
originating in the City of West Covina. The second would cagy
. first -run motion pictures originating in West Covinafor the
City of West Covina.. The third would be a video tract for. West
Covina City schools and also include the portion of the City
which is in the Covina School District.
- 16 -
• C.C. 3-10-58
PAT' T. V.' continued
Page seventeen
Council. requested me to contact :the various City departments and
to explain the method of installation and operation. First we
went to the school district, secondly we went to the Building
Department and third we went to the Planning Department. This
was done this week and I would like to report on the findings.
I contacted Mr. Fred Trott, curriculum personnel advisor of the
West Covina School District and explained the'situation. The
cable would give access from the schools to each of the homes
connected to the cable and there would be no charge to the school
district or recipients. The school district would provide the
originating equipment, video equipment and camera. at a cost of
$.1.2,000.00. These funds, I understand, are ava.i.labl.e from the
Visual. Education Fund and the program would be yin all schools
from one showing and on a 'live' basis. It would connect various
schools together and connect schools to the homes.
The cabl.e system is co -axial, and the cable is 3/8" which is less
than one-half inch in diameter and is carried from home to home
in the City. It is.not carried normally on telephone poles, it
would carry on existing powe.r poles when it crosses City streets.
. We presented this to the Building Department and went over it and
it is indicated there will. be no conflict with present City
Ordinances.
It will conform in all cases to structural requirements and will
be passed on by a certified elecytrical'.engineer that requirements
are within the 'stress code'.
The Planning Department had no direct comment until. it was pre-
sented before the Planning Commission.
The thought was that we would, with the present cable (available),
wire a. number of homes and at that time it could be established
by visual.observa.tion whether there would be any detrimental
effect. It would be behind roof line of the house, above house
line, and since most houses in West Covina are similar in
structure with the same set -bask as per provisions of the City
requirements, and roof lines are in general in almost identical
spots, it would be hidden from the street. The only place there
would be visible crossings would be at driveways and it would be
10 or 15 feet above surface of drive ray.
I did not present this to the Fire Department since at the time
I would have approached them they were very, busy on a fire call.
However, I did contact the Board of (Fire) Underwriters by
telephone and I will present a letter from them that there
would be no objections based on the fact that it is exterior
cable and the cable that holds it is grounded. There is no
high -voltage and the cable only carries signals, making it on
- 17 -
• C.C. 3-10-58
PAY T.V. - continued I
Page eighteen
the same level of operation as found in the television antenna.
I would also like to present the fact, because of the great
interest in stereophonic sound and F.M., that our company would
carry an F.M. channel so it would be unnecessary to acquire ad-
ditional facilities to hear your own station and we could also
present programs in stereophonic sound.
This is a report in answer to Council's various requests. I
bring to your attention that it is based on the statement of
Council that they would present us with a franchise when we met
,all requirements.
We had entered into an agreement with the 'Veterans' of Foreign
Wars to use their auditorium for presentation of live channel.
They have been pressing me since their building is being held
up pending assurance of this franchise. Our idea is consummate
this agreement with them as soon 'as it is possible to do so.
If you wish the expression of the desires of the people to use
this service we can bring in to you a signed application of some
200 to 500 signatures within the next week.
I would urge upon you again that if we are going to start instal-
lation of this cable in the required time to have it available
for the opening of your new theatre we would need the 'go ahead'
very shortly."
Councilman Mottinger: Mr. Gilmore I think the other members of
Council should have the opportunity to
read your comments and action should be
deferred until we have met with the absent members of Council.
Councilman Barnes: I would be in favor of'that suggestion
also.
Mayor Kay: Mr. Gilmore, perhaps you can put your
statements in writing as presented this
evening, on your own letterhead and signed
by members of your company and present it
to us.
Mr. Gilmore: I did not have notes on the comments I
made this evening so to comply with your
request I would like to have made avail-
able to me the comments as noted down by the Stenographer and
placed in your minutes,
REQUEST FOR SPACE Mr. Ganger of the Santa Fe Furniture
FOR FURNITURE SALE Company stated that he desired to run
W.T. GANGER a furniture sale at his place of
business and to do so it would be
C.C. 3-10-58
FURNITURE'SALE - continued
Page nineteen
necessary, in his opinion, to use a portion of space in front of
the store.
Mr. Ganger: What I am requesting is a portion about 15'
from the curb line into the street to place
mercha,ndise during this sale. It will be a
four -day operation with merchandise left
overnight and guarded, also kleig lights and other details that
go with a sale.
City Engineer: This requeste'd portion would take in the park-
ing area along the curbs.
• Planning Comm, Secly.: The Zoning ordinance requires, in that
particular zone, that all uses be con-
ducted totally within an enclosed
building except such things as service stations, drive-in
restaurants, etc. I believe the only way to permit this would
be by modification of the ordinance or under a. zone variance
procedure.
City Attorney: I think that Mr. Gerschler's statements are
• true. In this.matter I do not feel that any
use of public property for private sales is
desirable unless an urgency of some kind existed. You can get
into public liability difficulties because of it and if you
start breaking down in this you would have requests for signs to
be on public property and bef6re you know it there would be
bicycles and other such things on sidewalks for display.
Unless there is something very peculiar about this situation,
I think the policy of the City should be to oppose it.
Councilman Mottinger- I think some time ago we gave permission
for the parking of trailers in the Center,
a,l.though that was something that could
not go inside of stores.
Mr. Ganger: That shopping district over there is dead.
Nob * ody promotes or pushes their wares and
traffic is mostly going down'to Eastland.
I think this will bring people into the Center. We called the
insurance company and they will issue a certificate of insurance
in the amount of $100,000 for bodily injury and $50,000 for
liability for the four days of the sale.
Councilman Barnes:
Mr. Ganger:
Are you doing this as a promotional
scheme, or are you selling out?
This is just a sale.
C.C. 3-10-58 Page twenty
FURNITURE SALE continued
Mayor Kay: Does your building back up to the parking area.
in the back?
Mr. Granger: We talked of that but felt it would not pull
in the people to have it in the back.
Mayor Kay.: If you are going to have the kleig lights as
you indicate, I think it would.
Mr.. Ganger: If it is out in front people see it, but behind
the building it is a lost cause.
Mayor Kay: How soon is the sale scheduled for?
•
Mr. Ganger: I.planned on having it.sometime the end of this
month, either a week from this Thursday or from
the following Thursday.
Councilman Mottinger: We certainly want to help our merchants
all we can, but I'm afraid to permit
this would be starting a precedent. At
the present time I do not see how we can.actually approve it, but
if -those present are willing, it might be well to explore some
possibility. If there is any chance of granting permission per-
haps we couldput it off to another meeting and check further with
the Police and Planning Departments. However, I do not see how
we can approve it at this time,
Mayor Kay: I believe the only route would.be to get valid
or legal per -mission on this and that would be
by getting a zoning variance through the Plan-
ning Commission and then get permission to use
the street from Council. We have, however, two conditions that
must be met in that Council grant permission for use of the street
after you have obtained a. variance from the Commission permitting
you to conduct business outside of the building. We have a zoning
ordinance and public street usage.
POLICE CHIEF AND Mayor Kay introduced the newly selected
FIRE CHIEF APPOINT- Chief of Police Allen Sill and the
MENT., newly selected Fire Chief Calvin Wetherby.
APPROVED
Motion by Councilman Mottinger, seconded by Councilman Barnes
.that the appointments of Allen Sill as Chief of Police, to become
,effective March 24,_ 1958 at a salary of $755.00 per month under
salary schedule 46-C, and Calvin Wetherby as Fire Chief, to be-
come effective April 1 ' - 1958 on the same salary schedule 46-C,
• at $755.00 per month be confirmed.
Motion passed on roll call as follows,
- 20 -
•
0
0
CX. 3-10-58 Page twenty-one
POLICE & FIRE CHIEF APPOINTMENTS - continued
Ayes:, Councilmen Barnes,
Noes: None
Absent: Councilmen Brown,
Mottinger, Mayor Kay
Pittenger
Mayor Kay called a recess. Council reconvened at 9:20 P.M.
WRITTEN COMMUNICATIONS
REQUEST TO SOLICITDOOR
PRIZES FOR CHARITY FROM
CITY MERCHANTS
W.C. Emblem Club #299
The City Clerk presented and read
the communication regarding this
request.
APPROVED City Clerk: We are now getting a
great deal of this sort of thing
from many organizations and par-
ticularly from churches outside the City. I have talked with
West Covina Ministerial Association and they have refrained
from this sort of thing.. We have also tried our best to dis-
courage this, particularly from churches outside of the City.
We have done this once in the matter of the City of West Covina
Birthday Dance.
We have had a number of complaints from the merchants and also
from the Chamber of Commerce.
Mayor Kay: I do not believe we have enough 'teeth' in
our solicitation ordinance to enforce this.
If persons ask for such free gifts for
charity for a. prize can we actually stop anyone from doing that?
I think it is beyond the scope of our ordinance.
City Attorney; I am not familiar enough with the oridina,nce
but I would assume it is beyond its scope,
Mayor Kay: We could turn it over to the Police Department
for their interpretation, but my personal
opinion is that it is beyond the scope of
ordinance and something of this nature is not covered in that it
is asking and not selling.
It might be we should arrange our ordinance like some other
cities do where they ha . ve a group approving all solicitations. of
all types of organizations such as this and then issue permits.
I do not think under the present ordinance we can control this.
Councilman Mottinger: I would suggest that this subject be
taken up with the Chamber of Commerce
and get their recommendations on it.
City Attorney: There is an excellent ordinance and this
and I drew one up also.
- 21
C.C. 3$-10-58 Page twenty-two
WRITTEN COMMUNICATIONS - ''continued
Councilman Mottinger: Perhaps you could present it to Council
and we could go over this matter ourselves.
Mayor Kay- Perhaps this will not take any action
of Council but refer it to the Police
Department for their point of view and
if it would turn out there is no nuisance attached to it, I do
not believe we can do anything about it.
City Clerk.: It could be handled administratively,
City Attorney: It could be handled administratively but you
will usually find that in such matters they
are presented to Council and that Councils
usually grant permission for such matters.
Motion by Councilman Barnes, seconded by Councilman Mottinger and
carried that the request of the West Covina Emblem Club #299 to
solicit door prizes from Merchants for Charity be approved.
INDEFINITE POSTPONMENT The (i:ity Clerk presented and read a
OF FURTHER CONSIDERATION communication dated March 3, 1958
• OF ANNEXATION NO. 1.59 from Francis J. Garvey, attorney for
Mr. T. Kirk Hill requesting that the
matter of Annexation No. 159 be in-
definitely postponed.
It was consensus that the second mading of the Ordinance on this
Annexation be postponed as requested,
A
!'OPERATIONCLF The City Clerk presented and read a
AN-UPIV
Veterans of Foreign Wars communication dated February 28,
APPROVED 1958 regarding an -anti -litter
program throughout Los Angeles County
to be known as "Operation Clean -Up"
starting on or about March 10, 1958 and request for permission
to sell containers because of the ban on home incinerators.
Motion by Councilman Mottinger, seconded by Councilman Barnes and
carried that permission be granted to the Veterans of Foreign
Wars to conduct their "Operation Clean -Up" and sell containers,
but not after the date of June 15, 1.958.
ACKNOWLEDGING RECEIPT The City Clerk presented and read a
OF COPY OF RESOLUTION communication from the Corps. of Engineers,
NOo 1268 U.S. Army, Los Angeles District, acknow-
ledging receipt of certified copy of
Resolut.ion*No. 1268 of the City Council
and adopted by Council January 28, 1958.
22
0
9
0
C.C. 3-10-58
REQUESTING PERMISSION TO
PLACE BACK 'WEST COVINA'
SIGNS AT EASTERN AND
WESTERN BOUNDARY OF CITY
REFERRED TO PLANNING DEPT.
Page twenty-three
The City Clerk presented and read a
letter from the Chamber of Commerce
of the City making the request to
place back West Covina signs at
eastern and western boundaries of
the City. Signs are same size as
before their removal due to freeway
construction.
Mayor Kay: Aren't they the signs we were too -fix up?
City Clerk: I believe the Chamber of Commerce is taking
care of this matter and if they can get some
help from the Citythey will put them up free -
of -charge.
Mr. Berg: So long as I am repainting them if I am given
manpower and help to ere ' ct them from theCity,
I will not charge the City for my time. Mr.
Delay was a committee of one to get locations and he more or less
folded on us, so I would like to present to Council that we get
a little help in getting the proper locations.
Mayor Kay: Perhaps one location could be where a sign was
before, at Orange and Freeway and believe.there
is State property at Holt Avenue interchange.
City Clerk-, Believe that is at north side bf the highway,
coming up' the hill.
Motion by Councilman Mbttinger, seconded by Councilman Barnes
and carried that this matter -be turned over to the Planning
Department, and Mr. Berg work with them, regarding recommenda-
tions for location of signs and Council will then pass upon the
matter.
PLANNING COMMISSION
SUBDIVISIONS I I None
GENERAL MATTERS None
PARK & RECREATION COMMISSION
City Attorney: In reviewing this matter that came before you
a, short time ago in the way of a ' dvertising
bids for material (at Comida. Park) this is
in excess of $2,000.00 and advertising not only for m'aterial,
but for labor. I think a motion would be in order authorizing
these plans or specifications be changed to advertise both the
labor and material separately as an alternate bid. -I think this
will entail work in revising specifications so that it will. come
before Council April 14, 1958.
23
• C.C. 3-10-58 Page twenty-four
PARK & RECREATION COMMISSION - continued
Motion by Councilman Mottinger, seconded by Councilman Barnes
and carried that specifications for work at Com.ida. Park be
amended to include bids for both labor and material for the in-
stallation of sprinkler system and that bAds be in the alternate
and to be received on April. 14, 1958 at 10:00 A.M. in the office
of.the City Clerk.
(This motion supersedes the motion made in regard to this matter
as shown'on Page
4 of these Minutes)
CITY ATTORNEY
•
ORDINANCES
ORDINANCE NO.
WEST COVINA SOUTHERLY' ANNEXATION #1.58 (Second
Reading)
City Attorney:
I have received a letter from Mr. Chapman
requesting this matter be held over and in-
dicating that they will not take advantage
of the lapse of time,
•
ORDINANCE NO.
INTERIM ZONING ON A PORTION OF ANNEXATION #158
Second Reading)
City Attorney:
'This cannot be given a second reading without
four members of Council available to vote.
(It was consensus
this matter be held over and presented at the
.
adjourned meeting
Wednesday, March 1.2, 1958.)
SECOND READING "AN ORDINANCE OF THE CITY COUNCIL OF THE
ORDINANCE NO, 563 CITY OF WEST COVINA REGULATING SIGNS AND
REGULATING SIGNS AND BILLBOARDS."
BILLBOARDS
ADOPTED
Motion by Councilman Barnes, seconded by Councilman Mottinger and
carried that further reading of the body of the Ordinance be
waived.
Motion by Councilman Mottinger, seconded by Councilman Barnes,
that Ordinance No. 563 be adopted. Motion passed on roll call
as follows:
Ayes: Councilmen Barnes, Mottinger, Mayor Kay
• Noes: None
Absent: Councilmen Brown, Pittenger
24 -
• C.C. 3-10-58 Page twenty-five
0
ORDINANCES - continued
SECOND READING
ORDINANCE NO. 564
Amending certain
sections and adding
thereto of certain
section of Ordinance
No. 325 (Zoning Ord.)
and repealing Ord. No. 418
ADOPTED
"AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA AMENDING
SECTION 700e1.; 801; 900.2; 1,001 and
1407 AND ADDING THERETO SECTION 1105
OF ORDINANCE NO. 325 OF THE CITY OF
WEST COVINA KNOWN AS THE COMPREHENSIVE
ZONING ORDINANCE AND REPEALING
ORDINANCE NO. 418 OF SAID CITY OF
WEST COVINA."
Motion by Councilman Mottinger, seconded by Councilman Barnes
and carried that further reading of the.body of the Ordinance be
waived.
Motion by Councilman Mottinger, seconded by Councilman Barnes
that Ordinance No. 564 be a-dopted. Motion passed on roll call as
follows:
Ayes: Councilmen Barnes, Mottinger, Mayor Kay
Noes: None
Absent: Councilmen Brown, Pittenger
INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF
Amendment to Ord. No. THE CITY OF WEST COVINA, AMENDING
325 (Zoning Ord.) SECTION 1507 OF THE ORDINANCE NO. 325
modifying regulations RELATING TO THE PROJECTION OF EAVES
pertaining to yard areas INTO SIDE YARDS."
in residential zones.
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Ordinance.
Motion by Councilman Barnes, seconded by Councilman Mottinger and
carried that the Ordinance be introduced and given its first
reading.,
INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF
Amending Personnel Ord, THE CITY OF WEST COVINA AMENDING
relating to terms of PROVISIONS OF THE ORDINANCE NO, 556
members of Personnel RELATING TO THE 'TERMS OF THE MEMBERS
Board. OF THE PERSONNEL BOARD,"
Mayor Kay-. Hearing no objections, we will waive further
reading of the body of the Ordinance.
Motion by Councilman Mottinger, seconded by Councilman Barnes
and carried that the Ordinance be introduced and given its first
reading,
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• C.C. 3-10-58 Page twenty-six
INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE
Ordinance rezoning CITY OF WEST COVINA REZONING CERTAIN
certain property PROPERTY ON THE NORTH SIDE.OF SAN
(Zone Change No. 111) BERNARDINO ROAD BETWEEN IRWINDALE AVENUE
AND AZUSA CANYON ROAD."
(excepting the easterly 250 feet)
MORITZ PICK
Mayor Kay: Hearing no objections we will waive further
reading of the body.of the Ordinance.
Motion by Councilman Barnes, seconded by Councilman Mottinger and
carried that the Ordinance be introduced and given its first
reading.
• INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF
Ordinance rezoning THE CITY OF WEST COVINA REZONING
certain property CERTAIN PROPERTY AT 333 SOUTH GLENDORA
(Precise Plan and AVENUE." (Albert A. Robbins, et al)
Reclassification No. 120)
Mayor Kay: Hearing no objections we will waive further
reading of the body of the Ordinance.
• Motion by Councilman Mottinger, seconded by Councilman Barnes
and carried that the Ordinance be introduced and given its first
reading.
In relation to,this Ordinance the City Attorney stated there is
now a separate ordinance and resolution on such matters in that
the Precise Plans are now under Resolutions.
RESOLUTION NO. 1305 "A RESOLUTION OF THE CITY COUNCIL OF THE
Approving Precise Plan CITY OF WEST COVINA APPROVING PRECISE
No. 120 PLAN NO, 120 UPON PROPERTY LOCATED AT
ADOPTED 333 SOUTH GLENDORA AVENUE," (Albert A.
Robbins, et al)
Mayor Kay: Hearing no objections, we will waive further
reading of the body of the Resolution.
Motion by Councilman Barnes, seconded by Councilman Mottinger
that Resolution No. 1305 be adopted. Motion passed on roll call
as follows:
Ayes: Councilmen Barnes, Mottinger, Mayor Kay
Noes: None
Absent: Councilmen Brown, Pittenger
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C.C. 3-10-58
Page twenty-seven
RESOLUTION NO. 1306
"A RESOLUTION OF THE CITY COUNCIL OF
Date of Protest Hearing
THE CITY OF WEST COVINA DECLARING
Annexation #154
ITS INTENTION TO CALL A SPECIAL,
(April 14, 1958)
ELECTION IN CERTAIN INHABITED TERRI-
ADOPTED
TORY CONTIGUOUS TO SAID CITY PROPOSED
TO BE ANNEXED THERETO, AND DESIGNATED
ANNEXATION NO, 154, FOR THE PURPOSE
OF SUBMITTING TO THE QUALIFIED
ELECTORS RESIDING IN SAID TERRITORY
THE QUESTION WHETHER OR NOT SAID
TERRITORY SHALL BE ANNEXED TO THE
CITY OF WEST COVINA, AND FIXING A
TIME AND PLACE WHEN AND WHERE ANY
PERSON OWNING REAL PROPERTY WITHIN
SUCH TERRITORY MAY APPEAR BEFORE
a
SAID CITY COUNCIL AND SHOW CAUSE
WHY SUCH TERRITORY SHOULD NOT BE SO
ANNEXED."
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. 1306
be adapted. Notion passed on roll
as follows:
Ayes. Councilmen
Barnes Mottinger, Mayor Kay
Noes: None
Absent: Councilmen
Brown Pittenger
RESOLUTION NO, 1304 The City Attorney presented and read
. (as per Flotten's instr.) "A. RESOLUTION OF THE CITY COUNCIL OF
Adding the classification THE CITY OF WEST COVINA AMENDING
of Traffic Painter Leadman RESOLUTION NO, 1277 RELATING TO
ADOPTED CLASSIFICATIONS AND SALARY RANGES IN
THE CITY EMPLOYMENT."
Motion by Councilman Barnes, seconded by Councilman Mottinger
that Resolution No 1304 be adopted. Motion passed on roll call
as follows:
Ayes: Councilmen Barnes, Mottinger, Mayor Kay
Noes: None
Absent: Councilmen Brown, Pittenger
CITY. CLERK
The City Clerk presented and read communication from the County
Boundary Commission regarding Annexation No 19 proposed by the
• City of Industry filed February 19 1958 and Annexation No. 29
proposed by the Clay of Azusa, filed February 24, 1958.
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• C.0 3-10-58
Page twenty-eight
FINAL CONSIDERATION Councilman Mottinger, It seems to me
OF COMPLAINT OF WEST that we have an Ordinance here that
.COVINA FLEETWOOD TAXI- really does not benefit or really is
COMPANY not workable so far as the City is con-
cerned.
It seems we have gotten into a long
entanglement, accusations were thrown about that we did or did .not
comply with this Ordinance; yet, at the same time the existing
taxi company was faulty in their compliance with part of the
Ordinance.
I question the advisability of maintaining the ordinance on our
books as it presently exists. I do not think it serves a real
• purpose, principally because I do not think it is the position
of the City Council to restrain business'or trade in the City.
I think we would be out or order if we told some merchant he
could not have a business .license because there is another store
like his and I think the same applies here,
I do not know how the City Attorney feels about this, but it
seems we are doing the wrong thing in attempting to restrict
other companies from starting similar business in the City.
It is fair to have competition and if business is coil -trolled and
done properly by the Police Department in the interest of the
citizens then we have done right so far as the City is concerned.
I do not know the best way to straighten this thing out,, but
perhaps a decision*to grant a permit to the new 'cab' company
is in order and I also think it would be in order to ask our
is City Attorney to review our ordinance in line with possibly
revisiong it, or rescinding it, or whatever might be in order.
Councilman Barnes: I think that Councilman Mottinger has
stated the matter very well. I do not think that
we have any right to keep other businesses
out of the City that could come in and make a living. If the ,
Ordinance does prohibit that sort of thing, I feel it would
interfere w.ith.competitive enterprise and I do not think that
should be done.
City Attorney: I do not think there should be complete
repeal of some control. over this type
of business. There are certain types
of business that affect public interest and should require some
sort of permit of public convenience or necessity before they
are allowed to operate,
• However, I think a test should be somewhat different than what
this Ordinance may provide. Contention has been advanced that
it is designed to protect existing business man rather than the
public. If it was reworded to protect the public of West Covina
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C.C. 3-10-58
Page twenty nine
and not protection or benefit of the person to whom the permit
is granted, then it would serve its purpose. however, in this
business you want some sort of check on individuals before they
are allowed to come in. It could be under public convenience
and necessity, but eliminate those provisions in -the ordinance
that have caused such difficulty and which have no direct re-
lationship to the welfare of the public.
Mayor Kay: I would concur with what has been stated but
would point out in the matter of control by
franchise of other public services in the City
such as trash collection, bus operation, public
utilities. While this category is a little different, certainly
we should not give up all our controls on this type of business.
I do not believe it :should be an open case of anyone taking up a
business license and driving around town.
I do not know how it could be rewritten but the contention is
whether or not this company is making money.
City. Attorney: I believe that is so, but I do not think that
is the important thing in this matte,
Mayor Kaye I believe that provision should be eliminated
but I do not know just how you would control
this.
City Attorney: Leave it to the broad definition as in the
Public Utilities Act the finding of Public
convenience and necessity„ If that is found
to exist then grant it and if not you may refuse it.
Mr, Kasem> I believe we have met all the arguments in
our written proposal and it is suggested that
the test be changed as to whether it is to
public interest. The first assurance is that
it be efficiently run, making a fair return on capital and it is
important that the facility be financially sound before a new
venture be allowed to come in, unless the prior one is inefficient
in operation. It would be incumbent upon those who would attack
the operation to show that it is inefficient.
The Council makes reference to convenience and necessity test of
public utilities act, but under that act these are by necessity
monopolies and rates they give are under control there. This is
a semi or quasi public utility although perhaps in West Covina
it takes on more of a.public utility quality because little
other transportation is available except for one through bus
Line.
Cabs are in the nature of public utility and to keep high character
it is necessary to give them some small measure. of protection.
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C.C. 3-10-58 Page thirty
•
Ordinance No. 324 is a direct adap;ghtation of a County Ordinance
almost word for word and I think it is a model ordinance,
Mayor Kay: We took action and declared there was found a
necessity existed under Ordinance No. 324 for
granting another cab company a. permit. Then
the existing cab company appealed in regard to the action of
Council granting that permit and studies were made to determine
whether the permitee had the right to have this permit under
Ordinance No. 324. That is �ftat we are determining now.
If we reaffirm our previous action in granting a new permit we
now have had additional time to study the matter and we would
be reaffirming our act under Ordinance No. 324
• Councilman Mottinger: What I feel should be done is that the
new permitee be confirmed regarding his
permit,to operate and the City Attorney
be instructed to revise or redraft the ordinance into more work-
able condition.
I do not think we should go hog wild and grant such permits promis-
cuously, but in this case I believe we are within our rights and
that it is a fair approach.
• Motion by Councilman Mottinger, seconded by Councilman Barnes and
carried that Council now finds that retroactive to the date of the
certificate issued to the West Covina Cab Company all the condi-
tions required by the applicable ordinance have existed and that
permit of the West Covina Taxi Company be confirmed and that
the City Attorney be instructed to redraft or revise the existing
ordinance.
•
SANITARY SEWER PETITION Broadmoor Avenue and Rowland Avenue
A111-58-C Sewer District.
REFERRED TO CITY ENGINEER
The City Clerk stated there were 45 non -validated signers, repre-
senting 71% of the total. district. It was requested this be
referred to the City Engineer for proper report.
Motion by Councilman Mottinger, seconded by Councilman Barnes and
carried that the Sanitary Sewer Petition A'11-58-C be referred
to the City Engineer for proper report.
BUSINESS LICENSE FEE City Clerk: In a communication from the
City Attorney he has noted that a. recent
survey of the cities of Baldwin Park,
La Puente, Covina and El Monte do not require an individual who
is licensed in one City to buy a business license in a neighbor-
ing city when he occasionally places a 'for sale' sign on
property in the neighboring city, but actually transacts the
deal in the city in which he is licensed and has his office.
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• C.C. 3-10-58 Page thirty-one
BUSINESS LICENSE FEE - continued
It is his opinion that the proving of "continuity of business"
for any one individual broker would be too time-consuming to
merit the attempt and therefore the City of West Covina should
not require brokers in the above category to obtain a. business
license as long as they are licensed in a neighboring city.
I believe this started when most of the real estate business
offices were outside of the City, but the land being sold was
in the City of West Covina, and I believe something should be
done about this item.
City Attorney: This does not require official action, it is
a matter of administrative policy to tax those
• with some fixed location within the City and
not those that come in from the outside. You would take more
time trying to catch them and it would result in that the people
doing business in several towns, including your own, are- going
to have to get licenses.
REGARDING ACA NO. 1 The City Clerk presented and read a
communication from Assemblyman Frank Go
Bonel.li in reference to Assembly Con;
• stitutional Amendment No. 1 relative to ceiling and limitation
on County taxes and assessments.
A request was made for adoption of a City Resolution in support
of ACA-le
No action was indicated to be taken by Council on this matter at
is
the present time.
CITY TREASURER No reports.
COUNCIL COMMITTEE, REPORTS
Councilman Mottinger: In a meeting of the League of California
Cities Board of Directors there was the
matter of. the City of Long Beach and
Los Angeles fighting the telephone increase before the Public
Utilities Commission and they have carried it to the Supreme
Court.
The thing of particular interest to us as a Council is the fact
that the League Committee will, continue to study public utility
rate increases so that there will be notification to cities as
• to how they are effected,
Councilman Mottinger: In regard to the study on County
Services, apparently the initial step
has been taken to determine the scope
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C.C. 3-10-58
Page thirty-two
of the project and also of interest is the fact that the Grand
Jury will study County Services as they pertain to cities in
this County and the League Committee will also contine to study
the matter.
CIVIL DEFENSE BUDGET In regard to the proposed cut of 60% in
CUT the Civil Defense Budget in the -State
the League has acted and they have recom-
mended that the various cities go on record as being opposed to
that reduction.
I think that in the light of the League action it would be well
to write to our legislatato;zs along the same line in that we
recommend such a cut in Civil Defense Budget not be made.
• Motion by Councilman Mottinger, seconded by Councilman Barnes and
carried that the Acting City Managerbe instructed to draft a
letter on behalf of Council to the State objecting to the proposed
cut in the Civil Defense Budget.
COUNTY FLOOD CONTROL PROGRAM Councilman Mottinger.: The
proposed County Flood Control
program was discussed. Members
of Council are aware that we have received a copy of the proposal
• from the flood control district and it is hoped that we as a
City can study those proposals and take any of our comments to
the next League meeting,
RETIREMENT PROGRAM
• Mayor Kayo I had a. preliminary meeting with the Ron Stevers
Company regarding the retirment program. It
looked interesting enough to bring before
Council, which we will do this Wednesday even-
ing, at which time a. member of the firm will be here to present to
the Council. a private program that looks, at least on the surface,
as good or better' than the State plan.
PROPOSED CITY ANNEXATION
Mayor Kay: I have a map in regard to a proposed City
initiated annexation which will help to close
up part of our boundaries in the area of
Barranca and Cameron Avenues. The area involved here will have
to be taken in by'the City in two steps if we are going to take
this in. Part of the area has a leg of the County jutting into
the City and several, parcels are totally uninhabited and cannot
• be included in the inhabited part of the area.
The first matter is to take in the uninhabited area then the in-
habited portion.
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C.C. 3-10-58 Page thirty-three
If it is the pleasure of the Council we could initiate proceedings
to start city annexation proceedings as shown on the map,
Motion by Councilman Barnes, seconded by Councilman Mottinger
and carried that the Planning Department be instructed to submit
boundaries to the County Boundary Commission and refer the pro-
posed annexation to the Planning Commission for recommendations.
REPORTS - CITY MANAGER
The Administrative Assistant presented and read a communication
from the Office of the Mayor of Los Angeles in reference to the
City coming in as a member of the United States Conference of
Mayors.
It was consensus this was a matter that would require further
study.
AUDIANCE PARTICIPATION. OTHER MATTERS, IF ANY
Mrs. M. Van Dame stated that she felt that this present Council
should instigate some proceedings in the matter of a loud-
speaker system for the Council Chambers since it is some times
difficult for people in the rear of the Chambers to hear what is
being said and discussed.
DEMANDS APPROVED Motion by Councilman Barnes, seconded
by Councilman Mottinger that Demands
in the amount of $229,308.88, as listed
on Demand Sheets B-39, C-73 and C-74, this to include funds
transferred in the amount of $214,151.61, be approved.
Motion passed on roll call as follows:
Ayes: Councilmen Barnes,
Noes: None
Absent: Councilmen Brown,
Mottinger, Mayor Kay
Pittenger
There being no further business, the meeting was adjourned at
10:45 P.M. until Wednesday evening, March 12, 1958 at 7:30 P.M.
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