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11-26-1962 - Regular Meeting - MinutesC� MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA November 26, 1962 The regular meeting of the City Council was called to order at 7.40 P.M. by Mayor Barnes in the West Covina City Hall, The Pledge of Allegiance was led by Councilman Snyder withthe invocation given by Councilman Towner. ROLL CALL Present. Mayor Barnes, Councilmen Jett, Towner, Heath, Snyder Others Present. Mr, Robert Flotten, City Clerk Mr. Harry Co Williams, City Attorney Mr, Thomas Dosh, Public Services Director Mr. Harold Joseph., Planning Director Absent. George Aiassa, City Manager APPROVAL OF MINUTES October 29, 1962 Motion by Councilman Towner, seconded by Councilman Heath,`and carried, that -the minutes of the October 29, 1962 meeting be approved as sub- mitted. CITY CLERK'S REPORTS TRACT NO, 26108 LOCATION. Wilson Drive, north of Accept Street Improvements Merced Avenue Horney Construction Company APPROVED Accept street improvements and re- lease United Pacific Insurance Co, performance bond No. B-95798 in the amount of $23,000.00. Sewer facilities were accepted November 13, 19620 Inspector°s final report filed. Staff recommends acceptance and release of bond. Motion by Councilman Heath, seconded by Councilman Towner, and carried, to accept street improvements on Tract No. 26108 and authorize release of bond in the amount of $23,000.00. PROJECT NO. C-83 LOCATION. Thackery Avenue, east Accept Street Improvements of Lark Ellen Avenue Martin &.Weisz APPROVED Accept street improvements and authorize release of Continental Casualty Co. performance bond No. 15 2 9786 in the amount of $7,041.29 subject to Notice of Comple- tion Procedure., Inspector°s final report filed. Staff recommends ac- ceptance and release of bond, Mayor Barnes. We invite comments from the resi- dents. Is there anyone here from Thackery Avenue who wishes to .speak on this matter? There was no comment from the audidenceo • Co Co 11-26-62 PROJECT C-83 - Continued Page Two Motion by Councilman Towner, seconded by Councilman Heath, and carried, to accept street improvements on Project No. C-83 and authorize release of bond in the amount of $7,041.39 subject to Notice of Completion Pro- cedure. PROJECT NO. C-140 LOCATION.- Montezuma Way, Cortez Accept Street Improvements Street to Rio Verde Martin & Weisz Drive APPROVED Accept street improvements and authorize release of Continental Casualty Co. performance bond No. 15 2 9785 in the amount of $5,479.29 subject to Notice of Completion Procedure. Inspector's final report filed. Staff recommends accep- tance and,release of bond. Motion by Councilman Towner, seconded by Councilman Heath, and carried, to accept street improvements on Project No. C-140 and authorize re- lease of bond in the amount of $5,479.29 subject to Notice of Comple- tion Procedure PROJECT NO. C-174 LOCATION: Merced Avenue Accept Street Improvements (Orangewood Park) McWilliams Bros., Inc. Accept street improvements and authorize release of Fireman°s Fund Insurance Co. performance bond No. 7 045 039 in the amount of $1,957.86 subject to Notice of Completion Procedure. Inspector's final report filed. Staff recommends acceptance and release of bond. Motion by Councilman Heath, seconded by Councilman Towner, to accept street improvements on Project C-174 and authorize release of bond in the amount of $1,957.86 subject to Notice of Completion Procedure. PROJECT NO. C-180 LOCATION.- Northerly side of Merced Accept Street Improvements Avenue between Valinda William Kirkland and Gretta Avenue. APPROVED Accept street improvements and authorize release of Hartford Accident and Indemnity Co. performance bond in the amount of $1,555.10 subject to Notice of Completion Procedure. Inspector°s final report filed. Staff recommends acceptance and release of bond. Councilman Heath.- I don't understand this one. These streets as described are not parallel, they are perpendicular. Mayor Barnes.- Is that adjacent to the park? This location description should be 4 changed to Valinda and Grettao Mr. Dosh described location on map. In reply to a question by Councilman Heath, the City Attorney Mr. Williams stated that a performance bond was not an agreement to pay leins and that there would be no harm in releas- ing the performance bond. -2- • Co C. 11-26-62 PROJECT NO, C-180 - Continued Page Three Motion by Councilman Heath, seconded by Councilman Towner, and car- ried, to accept street improvements on Project C-180 and release bond in the amount of $1,555.10 subject to Notice of Completion Procedure. PROJECT NO. C-95-1 LOCATION° Sunset Avenue, Service Accept Street Improvements Road from Delvale Ave. William*Kirkland to 497 feet northerly APPROVED Accept street improvements and auth- orize release of Hartford Accident and Indemnity Co. performance bond in the amount of $3,190.13 subject to Notice of Completion Procedure. Inspector°s final report filed. Staff recommends acceptance and release of bond. At Mayor Barnes request, Mr. Flotten read the staff recommendations. Motion by Councilman Towner, seconded by Councilman Heath, and carried, to accept street improvements on Project No. C-95-1 and release per- formance bond in the amount of $3,190.13 subject to Notice of Comple- tion Procedure. RESOLUTION LOCATION. Southwest side of Merced Accept Street Improvements between Glendora and HELD OVER Sandy Hook Accept corporation grant deed for widening of Merced Avenue in connection with development of Precise Plan No. 329. For street and highway purposes to be known as Merced Avenue. Staff recommends adoption of resolution. Mayor Barnes. Mr. Dosh, may we have some comments relative to Precise Plan No. 329? Mr. Dosh explained this item was placed on the agenda because the de- veloper had promised to put up a bond and this bond was not received as of this date. He said the staff acted on the assumption that the Council desired all the improvements to be installed at one time. Be- cause at the present time we have a bond only for the Service Station, this was brought before the Council tonight in accordance with the Council's policy of not accepting improvements without bonds. In an- swer to the question "Do we allow them to build on the Precise Plan before we approved," Mr. Williams stated that they must either make the improvements on the plan before they can get a building permit. A building permit could be issued before approval of the Precise Plan but we would no longer be able to enforce the improvements requirements. Councilman Towner advised that we should adhere to the established policy, and also confirmed the Council's intent for full improvements being installed at one time. Motion by Councilman Towner, seconded by Councilman Heath, and carried, that this Resolution be held over until the next regular meeting of the City Council on December 10, 1962. RESOLUTION NO, 2505 ADOPTED The City Clerk presented. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF WEST COVINA, CALIFORNIA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF (Harry So Rinker -Precise Plan Noo329) -3- • C� Co Co 11-26-62 RESOLUTION NO, 2505 - Continued Mayor Barnes: Page Four Hearing no objections we will waive further reading of the body of the resolution. Motion by Councilman Towner, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said Resolution was given No. 2505. RESOLUTION NO. 2506 ADOPTED Mayor Barnes: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECOR- DATION THEREOF (Wesley R. and Edith M. Leeper - Precise Plan No. 321) Hearing no objections we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Towner, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said Resolution given No, 2506. SCHEDULED MATTERS HEARINGS VARIANCE NO. 408 Alpha Beta Acme Markets, Inc. HELD OVER LOCATION: 600 South Sunset Avenue Request for non -conforming identi- fication sign in Zone C-2 approved by Planning Commission Resolution No. 1271. Called up by Council on October 29, 1962. Mayor Barnes: This is the time and place for the public hearing on Zone Variance No. 408. If there is anyone in the audience wishing to speak for or against this variance, please rise • and be sworn in by the City Clerk. Mr. Tim Smoley: On October 17, a meeting on this sign variance was before the Plan- ning Commission. At that meeting, there was no opposition to this particular sign variance. After due consideration and discussion before the Planning Commission they ap- proved,the matter unanimously. On October 17, I received notification that this was accepted unless appealed. On October 23, I met with Mr. Joseph to go over the conditions. We went over the location of this -4- Co C. 11-26-62 Page Five VARIANCE N0, 408 - Continued Mr. Smoley - Continued: particular sign and the landscaping and we both agreed as to these matters. There was no appeal taken 10 days later, and 20 days later no one appealed. We believed this matter was final, Then I received the notification saying that the variance was appealed by the City Council, I investigated this matter and called the City Clerk to ask why this was appealed after action had been taken to approve the var- iance and I asked who instituted the appeal. I was given the name of Councilman Heath. I called him to ask why and he told me he was just the recorder of the appeal and that the appeal was recommended by Councilman Towner, I called him to ask why he appealed the variance; he said he was not the one. He said it came from the meeting of the Planning Commission and he had no further information on it at that time. I°d like to find out why this is being recalled after we've gone to a lot of expense and preparation. Mayor Barnes: I believe Councilman Heath was the representative to the Plan- ning Commission meeting at that time. I believe there was some discussion among the Councilmen and it was decided to call this before the City Council. There was oppo- sition to this sign because they felt that the condition that it was the intent of the Planning Commission that this be the only detached perpendicular sign granted for this shopping area might set a prece- dent. I was going to bring out tonight that it would not set a prec- edent. Safeway has such a sign. But it was called up before the Coun- cil for a discussion at this time. • Councilman Heath: It was the general concensus that they would like to see the sign. Mr. Smoley presented a colored rendering of the proposed signs He contended that the center on Sunset and Puente had two detached signs, one 5 ft. x 20 ft, and one on Puente that was about 50 or 60 sq. ft. which is a little larger, Mayor Barnes: Is this the same size sign that the Broadway has? Mr. Joseph: The sign was originally 72 ft. but was reduced to what the Broad- way sign is, Councilman Heath pointed out that it was not a question of the size as compared to the Broadway, but whether or not we would be setting a precedent if we granted a non -conforming detached sign with the name of an individual establishment. If we did this, would the Wagon Wheel be entitled to a similar sign. If we granted this sign with the name of the establishment, are we obligated then to permit a sign of the same size with establishments name on it for every business establish- ment on Sunset Avenue. Mr, Smoley pointed out that one of the reasons brought out for the sign Is was because the Broadway has a retaining wall approximately 3 or 4 feet high to prevent through traffic and that the public cannot get close to the market. He stated it is a problem of location and convenience for the customers. Councilman Heath stated that he.did not object to the sign but whether we are setting a precedent, and if so, we will have signs 25 feet apart. Co Co 11-26-62 Page Six VARIANCE NO, 408 - Continued Mr. Smoley said that this particular property is located in a C-2 zone and that their competitor Safeway is onelmile up the street located in C-1 with a residential type area surrounding their establishment and • yet they have two signs: one 58 x 101 and one 5' x 201. He felt it wouldbe descriminatory not to grant Alpha Beta the same privilege. He referred to Section 9211.1 of the West Covina Municipal Code allowing two detached signs. He contended that Alpha Beta store, with a'105° front, should under the rule be allowed a 200' detached sign, but that they were asking for a 501 sign. Mayor Barnes: Is there anyone in the audience wishing to speak further, for or against this variance? No response from the audience. Mayor Barnes declared the hearing closed. Mrs. Van Dame: Councilman Snyder: I think Alpha Beta has good mer- chandize and should have a sign to tell their customers where they are located. Besides they give Green Stamps. I have a question I would like to ask this gentleman. Is this ex- clusively Alpha Beta's parking lot? • Mr. Smoley: No, the parking lot is shared by some other stores. Councilman Towner suggested that since this was a community parking lot with parking rights shared with the other stores, the sign could share the names of the other stores under a title of Sunset Parking Center. Councilman Snyder said he felt perhaps the council was going too far if they attempted to regulate what the sign says. He thought whether or not the signs say Alpha Beta or Sunset Shopping Center was something that should be worked out by the other tenants in that area, Councilman Towner recalled that when the plan was initially passed it was called Sunset Shopping Area but since that time the original owners went bankrupt and the property was split up into separate ownerships with community parking rights. Councilman Heath pointed out that the applicant based justification for the sign on the fact that failure to grant the variance would be discriminatory. He said by the same token if Wagon Wheel came in for a similar sign next week it would be discriminatory if we not grant his application for a detached sign. Mr. Heath felt the applicant needed this sign to mark his parking lot, but since the Council had qualms about advertising the business establishment they would want to know that they were not setting a precedent. • Councilman Snyder stated that, since the Wagon Wheel was located closer to the street, they would not be entitled to a detached sign, Mayor Barnes expressed concern that if we granted a sign to Alpha Beta, the other stores sharing the same parking lot would probably be in next week. Councilman Snyder felt they could legally solve the problem by calling it the Alpha Beta Shopping Center. WE Co Co 11-26-62 Page Seven VARIANCE NO, 408 - Continued Mayor Barnes thought Alpha Beta Customer Parking would be much nicer. Councilman Towner contended that in order to stop justification fox^ • future variances the Council could consent to Sunset Customer Parking, He asked if the applicant could see a reason to object to this. Mr. Smoley said they had been established in that area as Alpha Beta, referring to the area as Sunset Customer Parking would be tantamount to moving to a new location. He pointed out that General Tires has a 101 x 401 sign and that when they applied for their sign they were denied. However, the City Council felt they needed a customer parking sign and the Planning Commission approved it. Councilman Jett did not think this could be compared for a number of reasons. He agreed with Councilman Towner and Councilman Heath that it would bedifficult to allow any one individual stoke a detached sign, whereas a group of stores using the same parking lot could be permitted a sign with their names on it. Councilman Towner asked the applicant if he would be willing to hold this over and discuss this with the other owners sharing the parking lot. Mayor Barnes questioned the colors to be used on the sign and Mr. Flotten read the conditions stipulated by the Planning Commission, Councilman Towner suggested again that the Council put the matter up to the applicant and give him time to see if some agreement could • be effected with the other tenants. Mr. Smoley said he would like to hold over to the next meeting to consider this approach and to discuss it. He said he would be willing to come back next week. Motion by Councilman Heath, seconded by Councilman Townera and carried, that Variance No. 408 be held over to the next regular meeting on Decem- ber 10. ZONE CHANGE NO. 237 LOCATION: Between Pacific Lane Louis & Mary Madott and Freeway and exten- Laurance and Luella Carlson ding from Pacific Avenue APPROVED to Orange Avenue. Request to reclassify from Zone R.-1 and R-A to Zone R-3 approved by Planning Commission Resolution No. 1282. Mayor Barnes: This is the time and place for pub- lic hearing on Zone Change No. 237. If there is anyone here wishing to speak for or against this zone change, please rise and be sworn in by the City Clerk. . Mr. Robert Hartman: I am here merely to represent the applicants and to answer any ques- tions that may come up. Mayor Barnes; Anyone here that is opposed? No opposition was heard from the audience. Mayor Barnes declared the public hearing closed. -7- 0 Co Ca 11-26-62 ZONE CHANGE NO. 237 - Continued Mayor Barnes - Mr, Flotten read the resolution. Mayor Barnes- Councilman Heath- Mr, Dosh- Councilman Jett: Mayor Barnes - Page Eight Mr, Flotten, could you read Resolution 1282 and recommenda- tions of the Planning Commission. Any comments from the Council? How many acres are there in this parcel? About 11 Acres. This seems to be in order. I feel it is in orders This seems to be very good for R-3a Motion by Councilman Towner, seconded by Councilman Jett, and carried, that Zone Change No. 237 be approved. ZONE CHANGE NO. 241 LOCATION- Northeast corner of Edward Jo La Berge, Jr, Eckerman and Azusa APPROVED Avenues, between Puente and Danes Drive. Request to reclassify from Zone R=1 to highest and best use approved for Zone R-P use by Planning Commission Resolution No, 1286. Mayor Barnes- This is the time and place for pub- lic hearing on Zone Change No. 241. If there is anyone here who wishes to speak for or against this Zone Change, please rise and be sworn in by the City Clerk, Edward La Berge, applicant for the Zone Change, stated that this prop- erty on Azusa had been gone over very thoroughly, and that he planned to put up the same type of building to be used for dentist or real es- tate offices. He pointed that the property for which he was requesting the zone change was right across the street from existing R-P, that his property is immediately south of the Suburban Water Company, and that a buffer lot existed behind the property. Mayor Barnes: Mr. Flotten read Resolution 1286; no conditions recommended. Mayor Barnes: Do we hear any objections on this zone Change? Hearing no objections I declare the public hearing closed.' this being a Zone Change, there were Is there any discussion from the Council in regard to Zone Change No. 241? Councilman Towner- I understand this property is prac- tically identical with the Danes pro- perty including the sign. It is practically duplicate except for the plants and shrubbery instead of the black top, -8- Co Co 11-26-62 ZONE CHANGE NO. 241 - Continued Page Nine Motion by Councilman Heath, seconded by Councilman Towner, and carried, that Zone Change No. 241 be approved. VARIANCE NO. 413 LOCATION: North of Puente Avenue, James L. Allen & west of Sunset Avenue, Albert L. Snell, Jr, Between Sunset and Yale - APPROVED ton Avenues. Request to reduce number of parking stalls in Zone C-1, Denied by Planning Commission Resolution No. 1281. Appealed by Applicant on November 8, 1962. Mayor Barnes: This is the time and place for pub- lic hearing. If there is anyone Mere to speak for or against this variance, please rise and be sworn in by the City Clerk. Mr. Snell, Jr., 1160 South Lark Ellen, said he was here tonight to appeal to the logic and reasoning of the Council on the basis of the fact that this property is a neighborhood shopping center• development and not a regional development, and that on the basis of the old stan- dard parking stall ratio of 1 to 300, there are 30 stalls above the required amount of parking stalls. Mr. Snell requested the Safeway Store Precise Plan and this was put up on the blackboard. He pointed out that in his application he was asking for the same ratio of par- king that was used for a Safeway store across the street. He pointed out also he had never seen this parking area when it was more than one- half filled and therefore that shopping center was only using 50 per- cent of the parking requirements that had been imposed on them at the time of their development. He stated that if that shopping center de- velopment had gone under the new code they would be required to have 32 more spaces that would not be filled. Mayor Barnes: Are there any objections to be heard from anyone in the audience? Hearing no objections I declare the Public Hearing Closed. Mr. Flotten read Planning Commission Resolution No. 1281 and stated that 33 notices of this hearing had been mailed to property owners in the area and notice had been published in the Tribune to date. Mayor Barnes requested a clarification of the actual number of parking stalls required by the Safeway shopping center. The Mayor recalled that a middle area of the center had not been marked for parking spaces and requested that Mr. Joseph check on this. Councilman Heath stated that he had been observing this shopping cen- ter for over a month and would concede that he had never seen the par- king area filled by more than 75 percent, and that he had made this ob- servation at the busiest hours of the day and evening. Councilman Snyder contended that the high requirements of the old ordin- ance were imposed in anticipation of the new ordinance. Mr. Joseph stated that he and Mr. Snell had gone over the old Precise Plan, the testimony, and the discussions in the 1959 Minutes concerning that center development, and that they were unable to find any parking ratio that would work. He said he could find no formula that would have required 164 spaces. Mr. Joseph explained a formula for computing par- king requirements. -9 - Co Co 11-26-62 VARIANCE_.N0,__413 - Continued Councilman Towner: • maximum use of parking stalls. the Precise Plan tonight, Councilman Heath: Mayor Barnes: Councilman Towner: Page Ten We have pending a Precise Plan which is being held up until action is taken on the variance requesting We can act on both the Variance and give them parking requirements under Councilman Heath: felt that the parking requirements for neighborhood shopping centers, requirements should be restudied. the Planning Commission, Didn't I hear that they were 30- stalls above the requirement under the old standard? Under the old ordinance they would be 30 stalls over. Under the pres- ent ordinance they are 30 stalls under the requirement. He would like to come in and effect the argument that they like the old ordinance. I do not see how we can the old ordinance. I believe we had a discussion before on parking requirements under the present ordinance and some of us under this ordinance were excessive and that the ordinance and parking We have a move to that effect before . Councilman Towner: I believe we are being asked to act upon the matter before us tonight. I think the question here tonight is fairly simple; we have a law specifying the provision of 115 stalls as adequate parking, plus adequate landscaping; they are asking for a variance offering no other justification other than they like the old law.. They are requesting a reduction in the number of parking stalls to 87, if they install adequate landscaping it may cut it down even more. The question is, have they presented sufficient facts to warrant granting a variance, to cut the parking requirements to the extent that they request? Councilman Heath: correct than the present ratio. We ratio and I think it is the general does not look right, therefore, the have had other centers zoned to that old ratio has worked. This gives 30 a neighborhood shopping center and I I feel, as I have stated in previous meetings, that the old ratio for parking requirements was more nearly have made an analysis of the new concensus that the new ratio just old ratio is a better ratio. We ratio and they have shown that the stalls above the old standard for think this is high enough. Councilman Snyder: I think making a comparison of shop- ping centers is being arbitrary on which ratio is working the best. I can show you several instances where I think the parking requirements under the old ratio are inadequate. I think we have an ordinance and we cannot continue to arbitrate against this ordinance. As Councilman Towner stated the law requires 115 parking spaces and until a comprehensive study shows the ordinance is wrong, I am inclined to agree it is right. I would be willing to hold over until a study is completed. The study may prove the old ratio is correct; but it may take 6 months. -10- • 0 Co Co 11-26-62 VARIANCE NO, 413 - Continued Page Eleven Councilman Heath: From a personal observation from the property across the street; I have watched this everyday, four hours a day, and I have never seen that parking lot 3/4 filled in the front, let alone at the side, or let alone the complete lot. In fact, what I have observed as a general condition would lead me to believe that Safeway is overstocked with parking spaces. Even under the old ratio I would say we have penalized Safeway. Mayor aArnes: dinance and asked for an addition required to give it to them. Mr. be in a case of this type. What Mr. Williams! Mayor Barnes: Mr, Williams: I too think they are penalized under the present ordinance. If ,they came in under the present or - to their store, I think we would be Williams, what would your opinion is the law regarding this? Councilman Snyder pointed out that had only 1/2 of the tenants and yet was more than 1/2 filled. If they came in to add on to their store the existing ordinance would apply. Let me ask the question a different way. Would the existing stores then apply to the new ordinance or only the portion added under the new or- dinance? Only the portion added. the Shopping Center at Pacific Lane on Saturdays and Sundays their lot Councilman Towner said perhaps the shopping center at Safeway was over - zoned commercially. He pointed out that Hubby's Haven had been before the Planning Commission recently, asking for a detached sign, because evidently they were not getting too many Hubbies in their restaurant. He reported that they tried to justify a variance by claiming a distress situation and if this were,the case you could infer that perhaps the area was over -zoned commercially. Councilman Jett: I think we are over looking an im- portant factor and that is that this is a small neighborhood business. They will be drawing their business not from large areas but from people who live just around the little business. I think the type of store that would go in here would be those who would depend upon local business and I think a lot of people would be walking to little stores like this. If we try to hold up this small shopping area and try to compell them to put in parking at the same ratio as a regional shopping center, I don't think it would be fair. I don't see any comparison, I have watched this City develop under the old ordinance and I think it has helped different busi- nesses. I had the opportunity to watch these developments first hand and I have had dealings with them everyday. In my opinion a small shop- ping area like this would require less than 50 percent of the parking required of a regional center, and yet we make no distinction, Mayor Barnes: I shop at this store every week. This is one of my favorite stores. Even on Saturdays on the busiest day I would say that I have never seen their lot over 2/3 full. As Councilman Jett pointed out, people walk to the store in this area and there are homes all around here. A car is not required for many people in the area. There is an area to the north that is zoned R-3 and I -11- Co Co 11-26-62 VARIANCE NO. 413 - Continued Mayor Barnes - Continued Page Twelve believe those people would walk to do their shopping rather than by driving a car. I do know this is on the Planning Commission agenda, I believe it was on their agenda for the 21 of,December to study the parking ratio. I too think this would be a long, drawn -out study. I think this can be studied by counts of parking in both types of areas and I think we will find that regional and neighborhood does not require the same ratio of parking that we think it does. I think we are wasting a lot of good available land._ As far as Safeway is concerned, I don't think we can do much about it other than to make a move to develop a new ration They have never seen the need to mark off the easterly portion in that area for parking spaces. Only the spaces adjacent to the store have been marked off. I would be wil- ling to hold over but I think we will find this unrealistic. Councilman Snyder: I don't know how they could make a parking study in a short time. They could study the economical success of the center, in fact I think they should check into the economical success. I don't see how they can get a comprehensive study of parking in a short time. Councilman Heath thought a study of 3 to 6 months in duration would be too long. He agreed with Mayor Barnes that if Safeway requested additions to their building, they should be allowed to go to the_or- iginal plane • Councilman Snyder: I think this is going a long way to justify a variance. We have to look at the facts that are here now, We are setting them up ahead of time Councilman Heath: Ifthink we should use the old stan- dard. They have 30 stalls above the requirement and therefore there is ample parking. Councilman Snyder: You have observed one shopping center. I pointed out a new shopping center that was over 50 percent filled with cars on a Saturday afternoon with only 1/2 of the tenants. Councilman Towner: One indication of the economical situation is the fact that we have had several pleas for hugh signs. Hubby's Haven can't attract business and Hubby's is part of that shop ping center. This would infer that the spaces are unfilled because the center is unsuccessful. Mayor Barnes: Any other comments. I think they are asking for parking that would be adequate for the type of center it is. Motion by Councilman Heath, seconded by Councilman Jett, that Variance No. 413 be approved subject to the condition that the use of the prop- erty conform to the Precise Plan of Design 231 Revision 10 -12- Co Co 11-26-62 VARIANCE NO. 413 - Continued Before the motion was called to roll call that there was no justification shown for cilman Heath qualified his motion on the • tion on Irwindale Avenue for 4 hours a da of the entire building, outside of the 30 qualified the seconding of this motion on experience in the development of shopping Motion passed on roll call as follows: Page Thirteen Councilman Snyder contended granting this variance. Coun- basis of his personal observa- y for one month within eyesight 0 ft. radius. Councilman Jett the basis of his professional areas Ayes: Councilmen Jett, Heath, Mayor Barnes Noes: Councilmen Towner, Snyder Absent: None Mayor Barnes qualified his vote on the basis of actual experience in shopping in this area since it opened. He felt that the parking for this type of shopping center in this area where shoppers walk to the store has too many parking spaces for the amount of floor space. He stated that he had made comments on this on different occassions and that the reason Safeway did not mark off parking spaces on their lot was because they did not find a need for it. One store in the area went out of business but he felt this was due to a problem of manage- ment; and he felt the restaurant in the area was doing well. He con- tended further that a study is before the Planning Commission to con- sider regional shopping centers and neighborhood shopping centers be- cause it was felt that a great difference existed in the actual need for parking. aMotion. by Councilman Heath, seconded by Councilman Jett, to approve Precise Plan No. 231 Revision 1 subject to the conditions of the Planning Department with the exception of Item #1 and Item #2,'and that the required landscaping be installed and maintained; and State- ment 3 that upon commencement of any building or occupancy thereon the parking be installed, and Statement 4 that the 6 ft. block wall 15 ft. back of property line be reduced to 42 in.; when any one increment of the building begins the entire parking lot be approved at that time. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Mayor Barnes Noes: Councilmen.Towner, Snyder Absent: None ZONE CHANGE NO. 240 PRECISE PLAN NO, 336 UNCLASSIFIED USE PERMIT NO. 68 Edward and William._E. Houston HOLD OVER Commission Resolutions No. 1283, on November 9, 1962. LOCATION: 206-18 North Vincent Avenue between Garvey and Workman Avenues. Request for service station in Zone C-1 and adoption of Precise Plan of Design denied by Planning 1284, and 1285. Appealed by applicant . Mayor Barnes informed the audience that the Municipal Code allows the proponent to speak first, then the opponents would be permitted. to ex- press their objections, and the proponents would then be permitted re- buttal, Mayor Barnes: If there is anyone here who wishes to speak in favor or in opposition of this application, please rise and be sworn in by the City Clerk. -13- Co Co 11-26-62 Page Fourteen ZONE CHANGE NO. 240 - Continued IN FAVOR Mr. Edward Houston, 315 West Lomita Street, Glendale, stated he was • representing a major oil company with 150 neighborhood community ser- vice stations. He stated that the proposed station under application will be a pilot station on the West Coast and that 40 such stations are contemplated throughout California. He presented renderings of the proposed station. He said the proposed location was selected'be- cause of its nearness to the Freeway and that they were interested in serving people travelling across the country, He gave the locations of this company's service stations in various cities throughout the country. He pointed out that the station will be located in a zone where studies have shown unsuitability for the present R-1 use because of noise and traffic conditions. He also pointed out that he had heard that the city was planning to put in sidewalks for the benefit of school children at this location, and that the plan they were presenting shows sidewalks around the entire front. He said that their stations were unique in that these stations sell only gas and oil, and that they do not fix flats or make repairs of any kind. He pointed out that the rest rooms were air-conditioned and that the planter boxes on the walls would be compatible with surrounding area. He said that the studies show the site to be an ideal location for their emergency type of oper- ation with excellent potential of getting back their investment. Mayor Barnes: IN OPPOSITION Is there anyone else in favor or opposed? • Ken Kisselbert, 1237 East Mardina, stated that he was the spokesman for four home owners. He said that he had attended meetings of the Planning Commission and could appreciate that eventual zone change would be necessary in this area due to increased traffic and noise but he did not see that a gas station in this location would decrease noise but would probably increase noise. He said that from a health standpoint the important consideration was that this property is en- tirely bounded by R-1 and that fumes from the gas station would be a health hazard. He said the gas station property line was located 12 ft. from his garage, and pointed out that there were no other commer- cial uses in the entire area. He stated that the large map does not have commercial development shown for this area and that he would like to see it stay that way, because he felt a gas station would devaluate his property. As far as the need for a station he felt that the emergency need claimed by the applicant was outlandish. He pointed out that there were 13 gas stations just south of the Freeway and 3 stations north within four blocks. As far as the sidewalks around the station were concerned, he felt that these would be a hazard to children rather than a help because the children would"be walking across the gas station outlets. He felt that any tax revenue to the City derived from this station would be offset by the devaluation of the surrounding property. Mr. Kissel - berg contended that he was not a property owner who opposed new growth in the City. He said that he realized the area was no longer residen- tial property, but that he thought a service station use was illogical and incompatible with the area. Mr. Kisselberg said he would be willing to help any developer who had a use compatible with residential zoning. -14- 0 CJ Co Co 11-26-62 ZONE CHANGE NO, 240 - Continued Page Fifteen Pat Williams, President of the Vincent School PTA, 1033 West Green - dale pointed out that they had not asked for sidewalks below Work- man, and that they did not have school children going along that area. Mrs. Williams said that she did not feel that this would be a proper development because boys from the Grammar School would congre- gate around the station's coke machines. As far as the station's claim to emergency service, she was unable to correlate this because by their own admission they made no repairs of any kind and could not therefore handle any emergency situation. She said her primary concern was that she did not feel this development would be good for the children. Mayor Barnes: Is anyone else against this zone change. No further opposition was heard from the audience. REBUTTAL Mr. Houston stated that there would be no reason for this station to draw children and that they had ample manpower to keep them out, as well as a 6 ft. or 8 ft. wall on two sides of the station. He con- ceded that there were 13 stations on the other side of the freeway, but that on North Vincent side it was one mile to the first service station, and that their station was 1/2 mile by speedometer count. Mr. Houston felt that the facts he had presented should be considered, in the forementioned appeal, and that he believed they had presented a good case, Mayor Barnes declared the public hearing closed. Mr. Flotten read Planning Commission Resolution No. 1283 and stated that he had also received a letter of opposition from Carl F. Ward and a petition with 50 signatures which had been presented to the Planning Commission, Mr, Flotten presented the petition for the Council's perusuale Councilman Heath: Mr. Mayor were there any traf- fic counts brought out? What is the traffic count? Mr, Dosh: In excess of I6,000 Mayor Barnes: What is it on the off ramp? Mr. Dosh: I believe it is between 6,000 and 8,000 on the off and on ramps. Mayor Barnes requested traffic counts be made available for the off -ramp and Vincent Avenue. Mr. Dosh explained proposed sidewalk conditions on Vincent, and Mr. Joseph explained site locations on the zoning map. The Council discussed pictures including an aerial photograph in an effort determine a structure on the property. Councilman Towner asked if there was anything in the ordinance with respect to operation on gas station uses and to storage tanks in a residential area, Mr. Joseph and Mr. Williams said to their knowledge there was nothing, Mr. Joseph pointed out that if approved the fire chief would make recommendations with respect to operating equipment, but in regard to activities on a filling station there was very little definition. Councilman Towner and Councilman Snyder agreed that they should have more time to study the various aspects of the service station. -15- • Co Ca 11-26-62 ZONE CHANGE NO, -240 - Continued Mayor Barnes: Mr. Houston: Page Sixteen The indication that I get is that we hold this over until we can look at the property and get addi- tional information. Is the Appli- cant agreeable? Absolutely. Councilman Towner requested that the Planning Commission be consulted - for what restrictions they would recommend. Mayor Barnes requested the traffic count on the off ramp, and Vincent Avenue and also requested information on the proposed signal for that intersection. Motion by Councilman Towner, seconded by Councilman Jett, and carried, that Zone Change No. 240, Precise Plan No. 336 and Unclassified Use Permit No. 68 be held over until the next regular meeting on Decem- ber 10, 1962. ANNOUNCEMENT Mayor Barnes announced that Mr. Paul McCann had been selected from prospective applicants to fill the position vacated on the Planning Commission by Edward Thompson who had resigned to take a position in Long Beach. Mayor Barnes described Mr. McCann's background and his previous experience with the Planning Commission, Mayor Barnes welcomed Mr. McCann, • Motion by Councilman Snyder, seconded by Councilman Heath, and carried, to approve appointment of Paul McCann to the position of Planning Com- missioner for the balance of the term to June 30, 1963. SIDEWALK INSTALLATION PLAN Mayor Barnes:, We have people in the audience tonight who are interested in the sidewalk program on North Vincent Avenue. I would like Mr. Dosh to present the maps. Mr. Dosh presented the sidewalk maps and gave a detailed explanation of the sidewalk plan. Mayor Barnes: Do you have sets of costs on both plans? Mr. Dosh stated that one plan would run approximately $9,300.00 and the other was the same except that the tree replacement would run an additional $300.00 or $400.00. Councilman`He'ath: I think the top plan is odd ball all the way around. • Mayor Barnes: I think you're right. I thought our plan was to have sidewalks only to Rowland. As stated in the adjourned meeting, we decided to go to Puente, at least on the west side of the street. Councilman Heath: How is the survey coming on this? -16- 0 0 Co Co 11-26-62 SIDEWALK PLAN - Continued Mr. Flotten: Russel Pollack: I was advised we would be informed. until we got the card in the mail. Mayor Barnes: Councilman Heath: Page Seventeen On November 21, we sent out 52 cards requesting an answer as soon as possible. We have re- ceived three cards back, We have no way of knowing when a discussion or hearing on the side-' walks is going to be on the agenda° I didn't know about the last meeting You may call Mr. Flotten here or call the City Hall and we can tell you when it is going to be on the agenda I understood that the City Manager, Mr, Aiassa was to notify these people when the Council will have a hearing. I am surprised to hear we are just now getting the cards out Mr. Flotten and Mr. Dosh explained the reason for the delay. Mr. Pollack: Was a decision made on this or was there to be a discussion? Mayor Barnes: A decision was made. The only decision remaining now is which plan we want. Mr, Henry Vaght, 328 North Vincent, stated that since this was a com- munity project for the benefit of the entire community that no contri- bution other than normal citizen participation should be required of them. He felt that there will be an overwhelming opposition. Mayor Barnes: Would it be possible for someone on the city staff to go out and contact these people personally and let these people know before the next meeting on December 10? If we called, Mr. Vaght, could you get in touch with the people that are interested in the hearing? Mr. Vaght: Yes. Councilman Snyder said it should be stated here that even considering this as a community project, it has not been the policy of any City to put in sidewalks. Mr. Henry Vaght asked how the City proposed to finance the home owners' portion. Mr. Williams stated that this sidewalk installation could be done by the 1911 Act. He said there was no legal precedent that we know of, and that the question as to whether you can go against the home owners taking a side against street improvements, the Council has the power to override a protest of 100 percent. -17- Co Co 11-26-62 Page Eighteen SIDEWALK PLAN - Continued Me Ferber stated that she did not believe there would.be more than twelve to twenty-four children who would be using these sidewalks. She contended that there just were not enough children to constitute a safety hazard and that she was heartily in favor of working out a City plan, She stated she was opposed to sidewalks and did not feel we were starting on the right principles. Mrs. Main wanted clarification on whether we planned to widen Vincent and if we were going to put in the sidewalks and then tear them out to widen the street. She felt she was being asked to pay for something the City intended to tear out. She felt that she was being triple - taxed, once on her regular tax, then again on the 50 percent parti- cipation, and again when they tear the sidewalks out to widen the street. In answer to her question on the landscaping, Mayor Barnes explained the plan for replacement of shrubs and plants, and Councilman Towner explained the tree replacement program. He also pointed out that the PTA brought out that a safety hazard did in fact exist, and after an- alysis the Council decided the PTA was right and that action needed to be taken, Mayor Barnes concurred that they felt an emergency sit- uation existed and that they would like to get the sidewalks installed, before the situation was worsened by the bad whether. Mrs. Martha Sampson asked "if we agreed to the sidewalks, would we be permitted to put them in on our own?" Mr. Dosh informed that this would be possible if her husband had a contractor's license and a West Covina business license. Or it 40 could be done by a friend who has the proper licenses. Councilman Jett said that if they did it themselves the City would pay 50 percent of the building material. Mrs. Kassnetsis complained that her main objection was that if the sidewalks were set back they would have no privacy. Mr. Dosh indicated the areas to be widened, and answered the question with regard to wider sidewalks at the underpass. Mayor Barnes: Councilman Heath: Councilman Snyder: Councilman Towner pointed back, and he felt further said that if they put the would give more protection • Councilman Snyder: We should decide tonight which plan we want to undertake. Then when we get the cards back we will have an- other hearing. I vote for the bottom plan on the board. I agree° out that one small area would require a set - that the people should have some say. He sidewalk out at the street the landscaping of privacy. If it were put out five-foot sidewalk essary to take care to move the poles. at the curb a would be nec- of not having I": Co Co 11-26-62 SIDEWALK PLAN - Continued Page Nineteen Councilman Jett stated that, as it was brought up by the PTA, the major concern was the safety of the children. He said a traffic count showed 350 children a day and that in itself was indicative • of the need for sidewalks, and that because it was a serious situ- ation, expedient action was necessary. He stated his original thought was that the sidewalk should go along the curb, but he felt now that the second plan would be the least objectionable. Mayor Barnes felt that the plan on the bottom presented a better over- all plan and that if we developed properly now it would be better for the property owners and better for the City. He said he felt the second plan would help the value of the homes, and that the curb plan would entail difficulty with the gas and water meter boxes. He said the second plan had the best possibility for saving the trees. He expressed a desire to put in the sidewalks at the lowest possible price. Mr. Dosh stated that the second plan was the cheapest method. Motion by Councilman Heath, seconded by Councilman Snyder, that the Council adopt the No. 2 Plan for sidewalks on Vincent Avenue consisting of sidewalks set back in standard position, and that the cost does not exceed $2.75 a running foot for which the City will pay 1/,2 and the home owners will pay 1/2 if the home owners agree. Motion passed on roll call as follows. Ayes. Councilmen Jett, Heath, Snyder, Mayor Barnes Noes. Councilman Towner Absent. None PLANNING COMMISSION REPORT Mr. Joseph read the report from the Planning Commission, Councilman Jett stated that he believed the Council could avoid con- siderable trouble in the future if they could have the actions of the Planning Commission brought before the Council automatically.' He said he felt a lot of things, which should be reviewed, slip by the time limit before they can legally call up the actions of the Planning Com- mission. Mayor Barnes thought an automatic review was a good idea but the Council had made a rule that the applicant would have 20 days. Councilman Towner felt that the Planning Commission could work more effectively when they were not overburdened or harnessed. He said the ordinance of the Council provided that they could call up anything they felt necessary to call up, and that the ordinance also provided that the Council would be notified within the time required for them to call up an action. He felt perhaps one aspect that could be corrected was the procedure for notifying people involved that an action was final within 10 days unless appealed and the notice should say that the City Council had the right to call this action up. He thought the Council ought to notify that on an additional modification, the Council had a right to call up an action within 20 days. Councilman Heath felt that there was a need to sit down to set up a procedure to cut the time limit. Mr. Joseph explained the number of days needed to get back the minutes of a Planning Commission meeting. Councilman Heath requested the Reliable Savings sign be called before the Council on December 10, 1962 and that the applicant be notified. ova • Co Co 11-26-62 RECREATION AND PARKS Page Twenty CONFIRM NAME OF PARK AT MERCED AND WALNUT Councilman Towner announced that the official name selected for the park at Walnut and Merced was taken from the combination submitted by 12 year old, Bill Tucker. He said the name officially selected by the judges was Walmerado Park. Mayor Barnes commented that the names submitted in the contest were some of the cleverest combinations he had ever seen. He gave the de- tails of the contest and said there were several who had submitted the name, Walmerado so that it was necessary to judge the selections on the neatness of the paper and the date of submittal. He congratu- lated Bill Tucker on his paper, Motion by Councilman Towner, seconded by Councilman Heath, and carried, that the name selected for the park as Walmerado be approved. APPROVAL OF CONCESSION STAND AT MERCED AND WALNUT PARK Motion by Councilman Towner, seconded by Councilman Heath, and carried, that the comession stand be approved subject to conditions and consid- erations of the Building Department and that the Building Permit be issued. CITY MANAGER'S REPORTS ZODYS TRAFFIC CIRCULATION PROBLEM Mr, Joseph read a letter from Zodys of which the Council had copies, requesting permission to either allow trucks to make a left turn at the first entrance going north on Azusa, or to permit the trucks to use the alley behind Zodys. Mr. Dosh explained locations on the map and gave a brief explanation of the traffic situation and gave the staff's recommendations. Councilman Heath: I agree with the staff's recom- mendations. I feel a left turn would create a traffic hazard, Councilman Snyder: Councilman Towner. I agree too; although I feel they could make another modi- fication which would be perfect- ly alright, but it would increase the traffic hazard. I think they brought about their own problem. I can't let them get by with the left turn, Councilman Jett: I believe this would be starting a problem° Mayor Barn es. I agree with the staff. I think the staff should notify Zodys of the denials They may be antici- pating this answer. -20- Co Co 11-26-62 Page Twenty -One CITY MANAGER'S REPORTS - Continued TRAFFIC PROBLEM - ZODYS - Continued - Motion by Councilman Snyder, seconded by Councilman Jett, and carried, to deny application for a left turn lane, and that Zodys be notified t by Acting City Manager of the Council's action and the Staff's recom- mendation on the turn slot plus added suggestions. VALINDA-WALNUT CREEK PARKWAY HELD OVER Following a discussion by the Council, it was decided to hold this over until.Mro Dosh could get an opinion from Mr, Cox. SIDEWALK INSTALLATIONS GLENDORA AVENUE Motion by Councilman Heath, seconded by Councilman Snyder, to transfer $117.00 out of the Street Maintenance Fund to the Sidewalk Fund on South Glendora Avenue Commercial Area, with work to be done by Daniels Cement Company at $039 a foot in accordance with their bid and that a purchase order be issued. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes- None Absent- None 0 VINCENT AVENUE Towner, Heath, Snyder, Mayor Barnes Motion by Councilman Heath, seconded by Councilman Snyder, that side- walks be 4 feet wide and set back from the curb line. Motion passed on roll call as follows; Ayes- Councilmen Jett, Heath, Snyder, Mayor Barnes Noes- Councilman Towner Absent- None CAPITOL OUTLAY BUDGET HELD OVER Following a discussion by the Council, it was decided that the-' Capitol'•Budget be held oveir',for a Study Session on December 3, 1962. GENERAL PLAN ADOPTED Mr. Flotten read a letter to City Council dated November 20, from Mr, Olin Darby in opposition to the General Plan: "I am the owner of some 13 acres of land in the easterly portion of this City, including our home at 3928 Garvey Avenue. As you will recall, I work toward inclusion of this property in the City because I felt West Covina was a forward -looking City and would recognize the problems of its taxpayers. -21- Ca Co 11-26-62 Page Twenty -Two GENERAL PLAN - Continued Letter from Mr, Olin Darby - Continued: "The proposed master plan which is presently under consid- eration, does not make adequate provision for the develop- ment of my land. Unfortunately, it has been my experience that many times a master plan is considered to fix zoning for a substantial period after its adoption. If the plan is adopted in.its present form, it would appear I would be confronted with the problem of a freezing of the zoning as proposed, whereas that zoning is not adequate for devel- opment of the land or of the city. "My two acre parcel of ground, which is an island totally enclosed by Holt Avenue, Monte Verde, Garvey and the Free- way, should obviously be zoned for commercial use and the balance of my land, which is located on the south side of Garvey and north of Toencita, should be zoned for multiple residential use at least of the density of garden apart- ments, under the ordinance which may be proposed. Unless such zoning occurs now, I feel certain that I will be blocked from obtaining zoning for a substantial period of time and I ask therefore that the master plan, unless amended to so provide, be rejected by you." Signed, Olin K. Darby • Mr. Flotten circulated among the Council a petition headed by Mr. Cheesebrough and containing 20 signatures of the property owners in opposition to the General Plano Councilman Towner stated that the public hearings on the General Plan had been held. He pointed out that the General Plan is not a master plan and that these people were entitled to apply for a specific zoning whenever they wish. He stated that if the plan were held up pending solution of every problem, it would be necessary to move a- head without the General Plano Councilman Snyder concurred stating that the General Plan does not "fix" zoning but acts as a guide toward the goals for which we are striving. He said that if we were going to act on the General Plan after the problems on Glendora Avenue had been settled or if each in- dividual took up each area, for example there was some opposition at the corner of Cameron and Azusa, he said we would never have a General Plan,. He said there existed no proof that the General Plan at present should be revised. He said there may be some points with respect to some property but that he did not think these would be continued to be used as a tool to stop the General Plana He said problems would be solved with or without the plan but with the Plan we will have more tools to solve problems than without a plan. He felt that we must have the courage to adopt the plan and live with it and change it as necessary. He said if we did not adopt a General Plan,.we would • have to give reasons for not adopting it and that there would have to be many reasons given for not adopting it. Councilman Heath stated there were discussions on the General Plan by the Council as well as the Planning Commission but in no case had it been stated by anyone that the Plan was to be used as a Precise Plano He said if it were he would not be in favor of the plan, but he stated, in general terms he was all for the plan. -22- Co Co 11-26-62 GENERAL PLAN - Continued Page Twenty -Three Councilman Towner suggested that the General Plan could be adopted by a Resolution which can ,be flexible as the.need arises. • Councilman Snyder agreed and said statements he heard particularly relating to the whole City were that the General Plan was only a -guide as to what possibly should go into a particular area. He felt that some things could be enlarged and some things made smaller. He said the plan could be used both ways but in reality it is just a General Plano i 0 Councilman Jett desagreed in that the Glendora Problem was far from being solved. He said we have approved Variances without zoning and that the zoning has not yet come before the Council. He said we ap- proved another parcel subject to approval of a Precise Plan and that - there was no proof that the Precise Plan would be approved by the fact that we had a 3 to 2 vote in opposition to developing to commercial or professional uses. He said there were at least 50 percent that had not been considered at all and that there was no discussion whatever on remaining portion. He said that the General Plan had been used from time to time to deny zoning based on remarks made that it did not show on the Master Plan, He felt that the Plan was going to be used in this manner and he felt that the plan is not ready for approval un- til there is a definite agreement in this Council as to how it is going to be used. He said the Council should start voting on the things they are talking about, Councilman Heath: Councilman Towner: Councilman Jett: Councilman Heath: 1 agree with Councilman Jett that the Glendora problem is not solved by any means. This reference to areas not solved. What areas are you talking about? We approved Variance and approved zoning for 8 acres of land which is south of Service Avenue. The entire street from one end to an- other for that matter. There is still a problem on all the south length of. Glendora. Mayor Barnes said he felt the General Plan was good and that he would like to see the Council in full agreement as to its use because if there was not full agreement with the Council, some would use it one way and some would use it another way. He said he was in favor of the General Plan as it was outlined in a previous meeting. He said he suggested it be used not as a master plan but only as a General Plan that was flexible on areas that could be developed, and that the Plan- ning Commission would study the Plan at the request of the Council when it was felt that something was wrong in order to study the area and make recommendations. He said that if we adopted the General Plan with this feeling in mind it would not be used as a tool but as a guide. He felt the General Plan is a guide for a better city and that it is flexible and if it was used this way, it would be a big help to the City. To be used as a tool to defeat something he felt the Plan would be a harm rather than a help to the City. He said he would like to see it used right so that it would always be of assistance to use Councilman Snyder said a General Plan is only as good as the men who implement'.ito,. To prove it he called for a motion to see whether we are for it or against it. -23- Co Co 11-26-62 GENERAL PLAN - Continued Page Twenty -Four Councilman Heath- Each Councilman should take a stand, and clarify how he in- tends to use the General Plano • I feel we have the Plan basically right and we could build on it. While we have it, we might as well adopt it and build on it as nec- essary, and make changes as needed. I would not like to see it used as it has been in the past, Mayor Barnes - The General Plan cannot be used as a master plan. Councilman Snyder said he would bring in some proposals in a short time. Mr. Williams: We will need a resolution appro- ving the General Plano Mr. John Hyatt, 322 Campana Flores Drive, said that the provision that the Council would send the plans before the Planning Commission does not indicate what they can do with the property. He said they had been in asking for Garden Apartments, R-3, and high rise. He thought the Planning Commission was showing partiality to Home Savings and Loan, and he thought the Planning Commission would set against their area. He did not believe it was fair to be unable to get their property zoned. He said these people had cried for zoning and the Council was doing the people an injustice by zoning for some but not for others. Councilman Snyder said he believed the zoning of Pass and Covina Road and another by the wash were not decided on the General Plano He stated that actually if under the General Plan their property was apartment zoning and under the General Plan concept it is very possible that is the way it.could go, then the General Plan would not work against them but rather for them. Councilman Heath said it was the general concensus of the Council that other zoning could be added to the General Plano Councilman Towner stated that the General Plan is a guide, and that if someone wanted zoning other than what was shown on the plan, and applied for it, and gave justification for a zone change, he could get it. Mr. Hyatt said that from an economical standpoint applying for zone change does not work. He stated they had been in five times on every- thing from a medical building to garden apartments. Each time they came back it cost $250.00 to come before the Planning Commission and an additional $25.00 to come before the Council. He said they were looking for somewhere else they can go because the people are thor- oughly disgusted with it. Councilman Towner pointed out that a high rise ordinance is in the making and that after it is adopted we ought to look into areas or determine in what areas we ought to amend the General Plano Mro Hyatt pointed out that they put in for a fire station on some property. He said whatever the City wants they get and these people don't get what they want. -24- Co Co 11-26-62 GENERAL PLAN - Continued Page Twenty -Five Mr. John Zsennuk, 3033 Virginia, stated he had been here five times for zoning on a piece of land that he owns, He said he had been promised zone R-3. The property across the street got R-3-and he . was promised that they would get R-3 zoning too. He said he -does not pay taxes on his property just to look at it. He said that he had paid $2,200 in taxes this year and had paid taxes on the property for 9 years. Mr. Olin Darby, 3928 Garvey Avenue, said he appreciated the attitude of the Council with regard to the plan even though he had turned a letter into the office the other day. He said he came to this City because he hoped and expected to get fair treatment and he just hoped the Council would not use the General Plan as a tool against them as ,had often been done in the past. He said they were losing money on their property, and consequently so was the City of West Covina. He felt..they would be putting in something that would be a credit to the City of West Covina, and he hoped that when they did come back in the Council would look at their applications with an open mind. RESOLUTION NO. 2507 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA ADOPTING THE GENERAL PLAN" Motion by Councilman Towner, seconded by Councilman Snyder, that the General Plan be adopted. Motion passed on roll call as follows: • Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes Noes: Councilman Jett Absent: None Said Resolution given No. 2507. Councilman Jett qualified his vote-on.the basis that he felt there were too many things wrong with the General Plan for him to vote yes. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that the entire transcript concerning the General Plan be forwarded to the Planning Commission, in order that they might understand the thin- king of the City Council, and use it in accordance with the ideas ek- pressed by the City Council. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None ANNOUNCEMENTS BY CITY MANAGER FIRE STATION Mr, Dosh said they were sending a letter of the revised estimate. • He said the last estimate was for $134,OOO.00 and that the last letter would be approximately $150,OOO.00. He said this was to be considered in the Capital Outlay and that he was to receive a letter in the mail this week. Councilman Heath: When are we going to put this out to bid? -25- Co Co 11-26-62 FIRE STATION - Continued Mr. Dosh. • Mayor Barnes. Councilman Towner. Councilman Heath. Mayor Barnes. Page Twenty -Six They are making the last changes today and tomorrow. He said they were hoping to get it signed by tomorrow. I definitely want this to go out to bid. We made some changes, if I recall, which made it considerably more than the initial bid. We approved the plan; I think it is being stalled. I am going to call Neptune and Thomas, and find out why. Mr. Dosh explained the dates on which they expected the bids. Councilman Jett said they had O.K.1d the bids for 30 days, and felt that this was being deliberately stalled. Mayor Barnes said he wanted the bids just as soon as possible. He said he felt this was very necessary and that he had tried to get this through. Councilman Towner pointed out that after the Council had approved the • plans, Councilman Jett took copies home and reviewed them and suggested changes, and that in view of the fact that the changes in the.plans, requested by Councilman Jett and taken into consideration by the Coun- cil, had a bearing on the action by the staff, he did not feel he could say that the staff had caused the delay, Councilman Heath said that after the Council had given explicit instructions to do a certain thing no one had the right to make the Council an instrument as a whole to do something else. Councilman Jett said he had taken the plans home to check them and in doing so felt that additions were in order and so brought before the Council for recommended changes. Recommending changes was a common procedure. He said the Council acted on plans and from time to time made changes, additions or omissions. He said this had no bearing on the receipt of bids on the plans and that there was no reason why this should not have been back here. Mayor Barnes stated that after the plans are checked in three days they could have gone to bids. Mr. Williams said that most specifications preserve the right of the City to make alterations of a minor nature but that major changes would take the consent of the contractor. Minor changes could be made without the consent of the contractor, • Mayor Barnes said the changes consisted of. whether there were to be two or three wash basins. Mr. Dosh said that it takes time to check the particulars, Councilman Heath asked why the plans were not checked by the guy who designed them, -26 - C • 1 ,C. C. 11-26-62 Page Twenty -Seven FIRE STATION -- Continued Mayor Barnes emphasized that when the Council approves something it is something that they want to go out to bid if they say they want it. He felt the Council definitely want these plans to go • to bid. Motion by Councilman Heath, seconded by Councilman Jett and carried, that the changes be sent to Neptune and Thomas; and that the Engin- eering Department would develop advertisements for the newspaper for the building of the,fire station; and that the advertisements would go in the papers on December 6 and December 13; and that the bids be open on January 3; and that the bids be awarded on January 7. TRAFFIC ENGINEER A request was made to establish date to interview Traffic Engineers for the proposed Traffic Study. GLENDORA & CAMERON WIDENING This problem appears to be more complicated than anticipated. We hope to have a report at the December loth meeting. PROJECT C-145 Final report received from County Road Department. City to receive • 50% participation soon. FINAL INSPECTION ANNOUNCEMENT It was announced that the dinner for Cameron, Soto, Flournoy, and Johnson would be held on December 4, 1962 at 6:30 P.M. at Starks Restaurant at Hollenbeck and the Freeway. CITY ATTORNEY ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEN- DING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (Zone Change No. 236, Don Kay Corp) Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of said ordinance. Motion by Councilman Heath, seconded by Councilman .Towner, that said ordinance be introduced. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None -27- C'. C . 11-26-62 Page Twenty -Eight ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMI- SES" (Zone Change No. 228 - Sade, et al.) Motion by Councilman Heath, seconded by Councilman Jett, and carried, that we waive further reading of the body of said ordinance. • Motion by Councilman Heath, seconded by Councilman Jett, that said ordin- ance be introduced. Motion passed on roll call as follows: Ayes: Councilman Jett, Heath, Mayor Barnes Noes: Councilmen Towner, Snyder Absent: None ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMI- SES" (Zone Change No. 238 —Santiago) Motion by Councilman Heath, seconded by Councilman Jett, and carried, that we waive further reading of the body of said ordinance. Motion by Councilman Heath, seconded by Councilman Snyder, that said ordinance be introduced. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None ORDINANCE NO. 769 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY • OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE TO PRESCRIBE A BUSINESS LICENSE FEE FOR ESTABLISHMENTS WHICH SERVE LIQUOR AND PERMIT DANCING" Mr. Williams read the ordinance in full and asked that it be spread in the Minutes: "The City Council of the City of West Covina does ordain as follows: SECTION 1. The West Covina Municipal Code is hereby amended by the addition thereto of a new section 6235.20 reading as follows: '6235.20. BAR OR RESTAURANT SERVING LIQUOR. DANCING. For every person conducting or operating any bar or restaurant wherein intoxicating liquor is served or dispensed for consumption on the premises and in which dancing is permitted or provided for, the sum of $150.00 per year.' SECTION 2. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. Passed and approved this 26th day of November, 1962." Councilman Jett asked f Jim's, who had a little program after hours from 2 A.M. to 5 A.M., would be permitted to dance. Mr. Williams replied that the ordinance applied only to places where liquor was sold. Since Jim's did not serve liquor after hours, the ordinance would not affect them one way or the other. Motion by Councilman Heath, seconded by Councilman Towner, that said ordinance be introduced and adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Towner, Heath, Snyder, Mayor Barnes Noes: None Absent: None Said Ordinance was given No. 769. Councilman Snyder left the meeting at 1:3 0 A.M. -28- • 0 • Co Co 11-26-62 CITY CLERK Page Twenty -Nine Temporary Use Permit request by James A. Ferguson and F. A. McArthur to sell Christmas Trees at West Covina Plaza Parking Lot by the big Plaza Sign. Motion by Councilman Heath; seconded by Councilman Jett and carried, to grant permit. Mr. F.lotte.n<. I have a request for a temporary use permit applied for by Don Kleckner, Big Tree Ranch for two Christmas tree lots; one lot on the northeast corner of Francisquito- and Sunset and the other on the southeast corner of Glendora and Wal- nut Creek Parkway. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that temporary use permit be granted, Mr. Flotten; I have a request from Disabled American Veterans to sell for-get- me-nots in the City on November 29, 1962. Motion by Councilman Towner, seconded by Councilman Jett, and carried, that request to sell for-get-me-nots be approved. Mr. Flotteno I have a request from the Salvation Army to place Christmas Kettles in the Plaza Shopping Center from November 24 to December 24, 1962. Motion by Councilman Heath, seconded by Councilman Towner that permission be granted to Salvation Army to place Christmas`°Kettles in P1aza'Shopping Center from November 24 to December 24, 1962. Mr, Flotten announced that the Covina Christmas Parade would be held on November 29, 1962 at 7;00 P.M. Mayor Barnes said he would let the City'Clerk know if he would ride in'the West Covina Fire Wagon, Motion by Councilman Heath, seconded by Councilman Towner, that the City Council award $25.00 to the West Covina Most Attractive Christmas Light Display Contest. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes; None Absent; Councilman Snyder COUNCIL.'COMMITTEE REPORTS Towner, Heath; Mayor Barnes Councilman Heath said the City has anew seal and asked that they now abandon the old seal. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the old seal of the City of West Covina which says "City of Beautiful Homes" be abandoned. Councilman Jett requested.a discussion of the City Manager's Ordinance On November 28, 1962. -29- Co Co 11-26-62 APPROVE DEMANDS Page Thirty Motion by Councilman Towner, seconded by Councilman Jett, to approve demands totaling $88,355.58 as listed on Demand Sheets Numbers B'115, C-274, and C-275o This total includes fund transfers of $64,424.29. • Motion by Councilman Heath, seconded by Councilman Towner, and carried, that there being no further business, this meeting be adjourned at 1:45 A. M. until the next regular meeting on December 10, 1962 at 7:30 P.M. ATTEST: n U • City, Clerk APPROVED �� -1- �j / 9 &/-I Mayor -30-