Loading...
09-10-1963 - Regular Meeting - Minutes2„ 0 • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA SEPTEMBER 10, 1963 The regular meeting of the City Council was called to order by Mayor Barnes at 7:45 P,M, Councilman Heath led the Pledge of Allegiance, Councilman Jett gave the invocation, ROLL CALL Present: Mayor Barnes,, Councilmen Towner (from 8:15 P.M.)', Jett, Heath (to 12:35 A.M.), Snyder (from 7:50 P.M',)* Others Present: Mr, George Aiassa, City Manager Mr, Robert Flotten,, City Clerk Mr, Harry C. Williams, City Attorney Mr, Thomas J. Dosh, Public Services Director Mr, Harold Joseph, Planning Director Absent: None APPROVAL OF MINUTES August 12, 1963 Approved as presented as follows: Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Minutes of August 12, 1963 be accepted as presented, CITY CLERK'S REPORTS PRECISE PLAN OF DESIGN NO, 352 ACCEPT STREET IMPROVEMENTS (DRIVEWAY AND SIDEWALKS) B, G, Williams LOCATION: Southwest corner of Dal.ewood Street and Bandy Avenue APPROVED Accept driveway and sidewalk improvements. Authorize release of cash deposit in the amount of $250,00, Inspectors final report filed, Staff recommends acceptance and release of deposit, Motion by Councilman Heath, seconded by Councilman Jett, and carried, to accept the street improvements in Precise Plan of Design No, 352 and authorize the release of the cash deposit in the amount of $250.00. PROJECT M.P. 6311 ACCEPT PAVEMENT IMPROVEMENTS Aman Bros, LOCATION: City Yard - 825 South Sunset Avenue APPROVED Accept City Yard pavement improve- ments. Authorize release of Travelers Indemnity Co, performance bond No, 1122326 in the amount of $6,908,00 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 Jett,, and carried, to accept pavement improvements in Project M.P. 6311 and authorize release of Travelers Indemnity Co, performance bond No, 1122326 in the amount of $61908.00 subject to Notice of Completion procedure, BE • C, C, 9/10/63 CITY CLERK'S REPORTS m Continued (Councilman Snyder entered the chambers at 7:50 P,M,) RESOLUTION NO, 2737 ADOPTED Mayor Barnes: Page Two The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF, EXECUTED BY GEORGE AND BONNIE GUEVARA, EXECUTED AUGUST 31.9 19639 FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS SERVICE AVENUE AND SUNSET AVENUE" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Jett,, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: Councilman Towner Said resolution was given No, 2737, RESOLUTION NO, 2738 ADOPTED Mayor Barnes: The City Clerk presented: "A RESOLUTION OF THE CITY COU14CIL OF THE CITY OF WEST COVINA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED" (Precise Plan No, 305) Hearing no objections, we will waive further reading of the body of the. resolution., Motion by Councilman Jett, seconded by Councilman Heath,, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: Councilman Towner Said resolution was given No, 2738, dIM I C • • C, Co 9/10/63 CITY CLERK'S REPORTS - Continued RESOLUTION NO, 2739 ADOPTED Mayor Barnes: Page Three The City Clerk presented: P9A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST CO`1INA ACCEPTING A CERTAIN WRITTEN IN- STRUMENT AND DIRECTING THE RECORDATION THEREOF" (EXECUTED BY FRED AND MIR.IAM STEIN, AUGUST 27, 19639 FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS GLENDORA .AND VALINDA AVENUES Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted. Motion passed on roll call as follows.- Ayes.- Councilmen Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: Councilman Towner Said resolution was given No, 2739, CONSTITUTION WEEK City Clerk, Mr, Flotten: Mayor Barnes: SCHOOL IS OPEN ® BE EXTRA ALERT WEEK City Clerk, Mr, Flotten,- Mayor Barnes: This is a. request to proclaim September 15 to the 21st as Constitution Week, If there are no objections, I will so proclaim, (There were none,) So proclaimed, This is for the week of September 16th, If there are no objections, I will so proclaim, (There were none.) So proclaimed, I would like to see a copy of this gets to the meeting on the evening of the 17th at the school, City Clerk, Mr, Flotten: All right, 03® I • • Co Co 9/10/63 CITY CLERK'S REPORTS m Continued EAST SAN GABRIEL PLANNING COMMITTEE MEETING City Clerk, Mr, Flotteno be on September 26, 1963, is for your information, WRITTEN COMMUNICATIONS Page Four The first meeting of the East San Gabriel. Planning Committee will The host city will be Baldwin Parka This LETTER FROM DR, JAMES H. SANDS, CHAIRMAN OF THE BOARD OF THE GUILD OF MUSICAL ARTS, City Clerk, Mr, Flotteno (Read letter dated September. 3, 1963 directed to Mayor Barnes and the City Council from James H. Sands asking support for the Guild of Musical Arts.) Mayor Barnes.- I think this is a worthwhile cause, Dr. Snyder has a. meeting on the 16th in regards to a multiple purpose auditorium and we are very much in hopes that it will be located in this area, Dr.. Snyder, do you know if the San Gabriel Valley Symphony Association has been contacted in regards to this operation? Councilman Snyder.- Mayor.Barnes.- I will bring that up later. Sands to contact them, No, I don't, We have a letter from them tonight, too, It is a letter of thanks for supporting next year's efforts. I think it might be wise to ask Dr, Councilman Snyder.- I am sure he has, However, I do feel that since we help support the San Gabriel Valley Symphony Association that it would be in order to support the Guild of Musical Arts in the same fashion, I am sure we would have to have a contract the same as we have with the Symphony Association to do this, Councilman Jett! and I feel we should support them; I would hesitate to say. This group is doing a tremendous amount of work along these lines to what extent for the first year, Motion by Councilman Snyder, seconded by Councilman Jett, that the City of West Covina negotiate a contract with the Guild of Musical Arts for the coming year up to $150.00, Motion passed on roll call as follows. - Ayes: Councilmen Jett, Heath, Snyder, Mayor Barnes Noes.- None Absent; Councilman Towner -4- Ca C, 9/10/63 SCHEDULED MATTERS . BIDS PROJECT C-162 STREET IMPROVEMENTS Page Five LOCATION; Cameron Avenue and Barranca Street at South Hills High School site, Bids received in office of City Clerk at 10-00 A.M., September 59 1963, The bids received are as follows - LOUIS S, LOPEZ CROWELL 9 LARSON SULLY -MILLER CONTRACTING AMAN BROS, D 8 W PAVING GRIFFITH COMPANY HERZ AMERICAN City Clerk, Mr, Flotten: Correction 10% bid bond $36,011,72 $36009,22 10% bid bond 389593,40 10% bid bond 39,926,66 10% bid bond 401221031 10% bid bond 429920,20 $5,000, bond 439601. 20 10% bid bond 46,856,40 (_Read Engineer's report re this matter.) Public Services Director, Mr, Dosh- This is approximately 50-50 by. the •school and the City and the County Aid Funds are being used by the City, The school -is doing the curbs and gutters and the sidewalk and paving for a certain distance and we are doing the rest of it Motion by Councilman Heath, seconded by Councilman Snyder,, to accept the City Engineer's report and recommendation and to award the contract for Project C-162 to the firm of Louis S. Lopez in the amount of $36,009.22 and that the bid bonds be returned to the unsuccessful bidders, Motion passed on roll call as follows- Ayes.- Councilmen Jett, Noes- None Absent: Councilman Towner A'11-62-2 SANITARY SEWER DISTRICT Heath, Snyder, Mayor Barnes LOCATION- Larkwood Street and other streets. Bids received as advertised at 10-00 A.M., September 5, 1963, in the office of the City Clerk and referred to the City Engineer for recommendation to the City Council at this meeting. The bids received are as follows: . Correction ARISTO CONSTRUCTION CO, 10% bid bond $110$03,31 CITY CONSTRUCTION 10% bid bond 1109645,94 $110,661,94 ROBERT VLACICH CO, 10% bid bond 111$77,45 GEORGE DAKOVICH CO, 10% bid bond 115,625,64 JERRY ARTUKOVICH CONSTR. 10% bid bond 1195949,22 MT G,B, CONSTRUCTION CO, 10% bid bond 1215727,90 1219734,08 P 8 S.CONSTRUCTION 10% bid bond 1249613,68 1245612,96 ZAVAS 6 SONS 10% bid bond 1249862,99 THE BEECHER CONSTRUCTION 10% bid bond 1269246,96 -5- C. C, 9/10/63 Page Six A111-62-2 SANITARY SEWER DISTRICT - Continued VUKOJEVICH 9 KORDICH 10o bid bond $127,045,86 $126,816,86 . AAA CONSTRUCTION 10o bid bond 142076,77 141,477,17 G, VELLA CONSTRUCTION 10o bid bond 1531J556,74 1539571,20 BACHAN BROS, CONSTRUCTION Bid not opened received 10:07 A. M, • 0 RESOLUTIO14 NO, 2740 ADOPTED Mayor Barnes: The City Clerk presented' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AWARDING THE CONTRACT TO IMPROVE LARKWOOD, THACKERY, AND OTHER STREETS AND RIGHTS OF WAY IN THE CITY OF WEST COVINA IN ACCORDANCE WITH RESOLUTION OF INTENTION NO, 27079 DISTRICT A'11-6 2" �Ari to Con- struction Co., O 03, 1) Hearing no objections, we will waive further reading of the bodv of the resolution, Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absent: Councilman Towner HEARINGS ZONE CHANGE NO, 266 Arthur James HELD OVER Heath, Snyder., Mayor Barnes LOCATION° San Bernardino Freeway between Holt .Avenue and eastern city limits, Request to reclassify from Zone R-A to Zone R-3 or R-4 denied by Planning Commission Resolution No, 1444, Appealed by applicant on August 26, 1963, Hold over to September 23, 1963, at Council's request and with applicant's approval. All parties interested have been notified, City Clerk, Mr, Flotten: ZONE CHANGE NO, 268 City Initiated (United Brethren Church) APPROVED Mayor Barnes: This has been held over, with the approval of the attorney, Mr. Garvey, and the owner, Mr, James, LOCATION' Northeast corner of Lark Ellen and Puente Avenues, Request to reclassify R-2 zoned property to Zone R-1 approved by Planning Commission Resolution No, 1446, This is the time for the public hearing, (There was no testimony) I declare the hearing closed, W*9E i Ca Co 9/10/63 Page Seven ZONE CHANCE NO, 268 ® Continued • Councilman Heath, I would like to ask -the City staff a question, I have talked with the representatives of the United Bretheran Church, It is my under- standing that this property was on a R-2 zoned property and that the church wanted to develop the balance of the property for income purposes, It would have been much more advantageous if they could develop it under a R®2 zone, I am led to believe, and I can stand corrected, that they were told they could not develop that property as R-•2 and would have to be rezoned to R-1, Planning Director, Mr, Joseph- I don't believe that is quite correct because I got a different story from them, They told me they wanted to subdivide the property and create lots to develop single family homes on the property, It was with their permission and their cooperation that it went before the Planning Commission and the problem was explained to the Planning Commission, They want to subdivide the frontage on Puente Avenue on single family lots, Once we determined what they wanted to do, to save the United Brethren Church money, the Planning Commission initiated the zoning to change this to R-1. Our understanding is that is what they wanted done, Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that Zone Change No, 268 be approved, • (Councilman Towner entered the chambers at 8°15 P,M,) ZONE CHANGE NO, 259 LOCATION, The northeast corner of Aneas Corporation Francisquito and Sunset: HELD OVER Avenues between Sunset and Broadmoor Avenues, Request to reclassify from Zone R-A to Zones R-3b, Cml or C-2, denied by Planning Commission Resolution No, 1400, Appealed by applicant on May 6, 1963, held over from May 27, 1963 to July 8, 1963, Hearing closed July 8, 1963, and referred to Planning Commission for action and report to the Council on the Variance, Precise Plan, Unclassified Use Permit, and the Tract, Council withheld final action until receipt of the above report. City Clerk, Mr, F'lotten, This is the motion made on July 8, "Motion by Councilman Jett, seconded by Councilman Heath, and carried, that the Council's thoughts with respect to the zoning be indicated to the Planning Commission and that the Planning Commission be directed to report to the Council on all of the matters now before them upon the assumption that the Council will grant generally Rm2 where R-3 is requested; that the Council will grant the service station and the medical building; but that the •Council will grant no.other e6mmerciale.thiat the'Council wishes to have the Planning Commission act upon and report to the Council on the variance, precise plan and unclassified use permit and the tract on this assumption but that the Council will hold final action on this until the Council has received the report from the Planning Commission, (Council- men Towner and Snyder voted 'No'.)" Mayor Barnes, I feel this should be held over because we.are still waiting for a tract map and two variances that have to come up before the Council, win • C. Co 9/10/63 ZONE CHANGE N0, 259 ® Continued Page Eight Councilman Snyder- I think the reason for this was that we wanted to study the whole thing as a package, I know it may be inconvenient to both the applicant and the people for or against this but it seems to me that we can make a better judgement if we do have it as a whole package, including the variances, Councilman Heath- This could be quite true, However, we should keep in mind that we are packing up a backlog here, If we could take care of hearing the precise plan and the unclassified use permit tonight it would save that much time at a future date, Councilman Snyder- I would have no objection to the hearings tonight but I can tell you now that I probably wouldn't be able or ready to make a decision until the other two matters are brought up, Councilman Heath- The way the motion was worded, we have to have all of these before us before we can make any decision, Mr, Francis J. Garvey The two matters before you are 281 East Workman Avenue substantive matters and your • Covina decision upon these two things will control the other, The tract map is merely a matter of fitting in the lot sizes to what will come up and the variances will automatically follow with respect to the precise plan, I am talking about the hearings, not the decisions, You can hear the case tonight but there needn�t be a decision on that tonight, Councilman Snyder- Move that Zone Change No, 259 be held over to the next regular meeting of the City Council on September 23, 1963, Councilman Towner- Will we have a report by that meeting from the Planning Commission? Planning Director, Mr, Joseph- Actually, the Planning Commission is not making any further report for you on the zoning; they have already acted on that, The report that will come to you are in the form of resolutions .from the Planning Commission because you asked them to act on the precise plan, the variances and they have been acted upon with the exception of the tract map, Councilman Heath: What are the two variances? . Planning Director, Mr, Joseph- One has to do with the height, The other is for the typical requirements of this condominium development where you have a series of lots right next to one another, regarding minimum lot sizes, distance between buildings, required lot sizes, and things like that, Councilman Heath- I don8t think you can evaluate the precise plan without the variances, -8- 0 C. Co 9/10/63 ZONE CHANGE NO. 259 - Continued City Attorney, Mr. Williams - Councilman Heath: the unclassified use permit tonight. Page Nine You couldn't approve it without the variances, I feel we should hear the testimony on the precise plan and Councilman Towner: It seems to me the zone change should await the report from the Planning Commission. I would like to hear the testimony on the other matters that can be heard tonight and perhaps defer decision on all the matters until we get the other things before us. With that thought in mind, I will second the motion to hold over, Zone: Change No. 259, Councilman Jett: Did you say the Planning Com- mission will not send us any further report unless we act on the zoning and if we hold the zoning over to the next meeting, there will be no report. When are we going to decide this? Planning Director, Mr. Joseph: No. The Planning Commission has already submitted to you its report on the zone change and the zone change you have held at the Council level. Then you went back and directed the Planning Com- mission to act on all the matters that they were holding at the Planning Commission level. This is the report that the Planning Commission made in the form of a formal resolution that has been submitted to the City Council by the Planning Commission. You have been holding the zoning since last July. City Clerk, Mr. Flotten: On the precise plan on the agenda tonight, report was made to the Council by Planning Commission Resolution No, 1443. The report on the unclassified use permit was made by Planning Commission Resolution No. 1441. The two items that will come up before the Council on the 23rd -- report on Variance No. 456 was made by Planning? Commission Resolution No. 1445; report on Variance No. 443 was made by Planning Commission Resolution No, 1442, The Council has copies of those resolutions. They will make a resolution after tomorrow's meeting on the tract map. Action on Councilman "Snydek's motion. Motion carried unanimously. PRECISE PLAN OF DESIGN NO, 366 Aneas Corporation HELD OVER LOCATION: Northeast corner of Francisquito and Sunset between Sunset and Broadmoor Avenues. Request for approval of condominium development granted by Planning Commission Resolution No. 1443. Appealed by Mr. Hollingsworth on August 26, 1963. City Clerk, Mr. Flotten: Mayor Barnes: (Read Planning Commission Resolu- tion No. 1433 re this matter.) This is the time and place for the public hearing. CJ C. Co 9./'10/63 PRECISE PLAN NOa 366 Continued IN FAVOR Mr, Francis Jo Garvey 281 East Workman Avenue Covina whether true or not, that the zone because otherwise an argument with meaningless, Page Ten I represent the Aneas Corporation, the applicant here, T believe we must proceed with this particular hearing upon the assumption, change has already been granted respect to a precise plan would be This precise plan has been heard by the Planning Commission and although the formal application and the resolution of the Planning Commission appear to be such that we can stand on its recommendation, which is that the precise plan be approved subject to certain conditions, three of the conditions had to be referred to the Planning Department for minor modifications, No, 2.7 of the conditions set; forth adequate turning bulbs at entrances. I am informed that the applicant's engineers and the engineering staff' of the City arrived at a solution of this this afternoon and that the minor modification to take care of the traffic bulbs at the entrance to "A" street and the entrance to "B" street have been accomn:l.ished satisfactorily to both parties and a new design will be -submitted tomorrow. •No, .19 stating that the minimum dwelling unit size for each individual residence ;shall be no less than 1,050 square feet, 1050 square feet has now been accomplished at the sacrifice of one or two units. T would like -to call �/our attention to Item No, 20 with respect we have no quarrel, There shall be provided a minimum of two enclosed parking facilities for each individual dwelling unit, W e call to vou.r attention one and three- quarters is the most required in the P-3 and half' of that does'not have to be covered so in asking for two, to which we consent, we are giving more, The six copies of the precise plan T think we have satisfactorily furnished and with respect to the bulb modification, we will provide additional. plans. Essentially what you have here is a garden unit development. We have improved to some extent the traffic pattern; there is no traffic hazard in any particular sense with respect to this particular plan, There is approximately 50 feet of green space between most of the areas, Some of that will. be lost to comply with another -request, that is with respect to the bulbs. I think this would be an excellent project for the City of West Covina, Mr, F. Feldman We had a very friendly meeting, 16901 South Western very productive with the engineering Gardena staff of this City and we arrived at a solution agreeable to all with respect to the minor modifications, These will be in the hands of the Planning Department tomorrow by ten o'clock, in plenty of time to be presented at their meeting tomorrow night, We will build at least 29000 units all over Southern California this year, We are very proud of the record we have established for building quality houses, We are very proud of the way we operate and the kind of thingswe do, This C. C, 9/10/63 PRECISE PLAN NOo 366 ® Continued Page Eleven • particular project will, in fact, increase the attractiveness of that entire part of the town, This will be administered by a neutral company under the pay of all the owners who submit a certain amount of money every month to see all the houses are properly painted and kept up. The price range will be around $18,000, $19,000 for one unit, Mr, Francis J. Garvey: We accept the Planning Com- mission's resolution and respect- fully suggest or request that the City Council follow the recommendation of the Planning Commission and reaffirm the precise plan which has been submitted with the slight modifications which have been suggested by the Planning Commission, IN OPPOSITION Mr, Alfred Stern 1013 West Francisquito Avenue West Covina be in excess of 100 people, I I wonder if it is legal to pass something where the zone change have no right to assume that it I would like to see a show of hands in the audience here protesting the applicant's proposal, (So indicated,) The estimate would have a question for the City Attorney, or perhaps propose a precise plan or has not been approved yet or where we will ever be approved, City Attorney, Mr, Williams: If the Council should act on this • precise plan tonight before acting on the zone change, it could disapprove without any problem; if it approved it, it would have to be subject to the condition that the zone change be effective before this approval would be effective, It also would have to be subject to the condition that the two variances, which will come before the Council at .its next regular meeting, would be approved and effective before this is effective, So, the Council could act but it would be a conditional act in three respects; the zoning would have to become effective and both variances would have to become effective before it would be legal for this plan to take effect, Mr, Alfred Stern: The impact of growth and resulting need for more highways to meet the traffic demand have created a thoroughfare and land use problem in West Covina, Francisquito is considered a secondary highway and a main thoroughfare, Mrs, Dorothy King I have attended all of the 1612 South Belmont Avenue Planning Commission and City West Covina Council meetings dealing with this matter before you tonight. One theme has been repeated without variation at all of these meetings by Mr. Garvey, Mr, Feldman, and Mr, Scott, It must be an important one, else they would not belabor it so assiduously. Their premise is this: These units are comparable in quality and price with the surrounding homes and will upgrade the entire neighborhood, These units will be occupied by persons of the same social and economic status as the owners of the surrounding homes, Their precise plan compares favorably with, and is similar to, the recently approved West Covina Towne House at Service and Glendora Avenues, and others built elsewhere. To say that these units are comparable in quality may be true when you consider the building cost per square foot, This is difficult to answer without seeing the finished dwelling. But when you compare square footage, 1,050 with Co Co 9/10/63 Page Twelve PRECISE PLAN NO, 366 - Continued 1312 to 1600 of the surrounding homes, the facts speak for themselves. Add to this the many swimming pools and other major improvements which certainly increase the values of our homes. Within 1/2 block of this development are at -least 16 private swimming pools. The precise plan before us tonight does not indicate even one poolo To further define the price question, the house at 1003 west Francisquito sold in August for $23,800; the house at 1631 Broadmoor sold in July for $189950; the house at 1129 Delhaven sold in July for $259000; and the house at 161.3 Sheffield sold in July for $25,500o I know of many more similar examples. Are these condominium homes going to sell for anything near these figures? Obviously not, As for upgrading the. neighborhood, I do not see need for concern on this point. The homes are selling quite well and prices are gradually rising. On the contrary, if this precise plan is put into effect, the area will,be downgraded unnecessarily. One objection not previously touched upon is that the residents of the single story units on Broadmoor will undoubtedly find it easier to park in front of the homes instead of winding their Taay through alleys to garages. This will be an eyesore to the owners of the R®1 homes across the street: and present a danger to children in the area. According to an expert on condominiums, this is poor planning for this neighborhood. All multiple homes should be inside an encircling wall, with a land- scaped setback along Broadmoor Avenue. The next point is the easiest to refuted Since the Planning Commission meeting on May 8, up through today, our group of homeowners has researched condominiums extensively and intensively. Let us examine features of the West Covina Towne House, which has been referenced by Mr. Garvey. This is a development containing 255 units. Minimum street width is 28 feet compared with his 20 feet; minimum setback from adjoining public streets is 30 feet compared to his 25 feet; seven swimming pools compared to none for him. Other recreational facilities are a gym, steam room and baths, lockers, adult lounge, children's lounge, separate open. areas for adults and children, tennis court, volley ball courts badminton court,, There are no recreational facilities at all for this project proposed tonight. Here is a brief description of condominiums advertised in the L. Ad Times of August 5, 1963.- Delmar Townhouse, Pasadena's first condominium, priced from $29�500. Park Lido Homes, Newport Beach, priced from $25$500. Has four heated swimming Pools. City of Long Beach, 16 units, priced from $193500 to $23,500 for adults only. Has a recreation buildings putting green, and shuffleboard court. The most basic deficiencies of this plan are pointed up by a comparison with condominium development in Orange County, Mr. Stuart Bailey, President of the Planning Directors' Association of Orange County, has been a pioneer in the field. He was the main speaker at the recent condominium conference at the Disneyland Hotel. Mr. Bailey was on vacation last week but I talked to his assistant. Orange County now has eight condominiums and has found it desirable through experience to upgrade them constantly. Their minimum width for alleys is 25 feet compared to 20 feet in this plan; their maximum coverage of lands excluding streets and alleys, is 40o compared to 45.96% in this plan. _12- Co C. 9/10/63 PRECISE PLAN NO, 366 - Continued Page Thirteen • It should be obvious to you gentlemen by now that our City of West Covina is in great danger of being exploited and cheapened by such developers as the Aneas Corporation. They are interested only in a maximum profit, Your responsibility is greatly increased by the precedent you will. be setting for all the other undeveloped parcels still remaining in this City. If you can put this sort of substandard development in such a fine residential area, what security does any property owner have? It is your duty as elected representatives of this City of Beautiful Homes to once again deny this zoning appeal until. such time as they provide a plan which will be a credit to our City. Mr, Chuck Dowding I have a formal complaint about 1605 South Belmont the efficiency at City Hall. I West Covina talked to Mr. Flotten as recent as Friday and today about the agenda. I was assured that the matter on the zoning would come up. I find now that it will be dealt with two seeks from now. I talked to Mavor Barnes over the phone and he said the zoning would be taken up. We have been putting the cart before the horse on this application right from the word "go". I would like to register a protest in the procedure in handling this particular case. The logical thing to act on first is the zoning. • With respect to remarks by Mr. Feldman, I checked on exactly how this thing works. He drops into the Planning Department and finds he has to go to the City Engineer and there he finds out what the minimum requirements are and goes on from there. Dorothy King has made a fine job of covering the sub- standard condominium should it be located on the subject property. I would like to make it clear that the condominium units are not apartment units. The type of initial ownership is different and the units being proposed would have 91 separate ownersistripped of privacy, of a side yard, a back yard, and all the property outside the front and back door being commonly owned by the 90 plus parties. The famous Greek philosopher, Plato, had something to say about common ownership. He said, "Everyman's property is no manes property". Some of the cities having experience with this type of development have faced the problem of unsatisfactorily maintenance on the common property. With regard to the quality, it has been previously proposed by a member of the City Council that some sort of covenant be made between the developer of this land and the residents to insure that the quality and price meet minimum standards. We expect the City Council to assume the responsibility of the people and provide for the necessary protection against the wills of any profit -minded land speculators. • One matter of record is the report by Police Chief Sill. I would like to ask whether all members of the Council have read Chief Sill's report on this. Mayor Barnes: We all have benefit of this. Mr. Chuck Dowding: I would like to further comment that Fire Chief Wetherbee is unhappy with the alleys in this project, insisting that no parking pigns be put on them knowing that this cannot be enforced on private property. Mr. Dosh admits that 20®foot alleys in this proposed plan are unique in !,Jest Covina multiple family development and is surprised that no swimming pools are provided in the precise plan. m13® Ca C, ' 9/10/'63 Page Fourteen PRECISE PLAN NO, 36,6 - Continued We are faced with the alternative of accepting this low-grade substandard high density type dwelling in a primarily residential area or turning it down and coming up with something that is satisfactory and meets the standards of West Covina, The.decision is up to you and the initiative remains with you, Mr. Jim McGinnis At the meeting of July 8th, Mr, 1310 Bainbridge Garvey attempted to justify what West Covina was before the Council, and I quote to you out of context, "The owner of the property sought to be developed has an equal right to a fair determination without a mere counting of noses in terms of a popularity contest", I also understood that the primary purpose of a municipal governing body was to represent the majority opinion; to see the wishes of this majority are put into force, Our objection is that we don't want it, Mr. Garvey admits a certain amount of insufficiencies in this and he is proud of the fact that 'they are giving you something you haven't asked for,, you're getting two garages per unit, They have pointed out that their developer is quite a great man, Their developer is developinganother condominium, I might point out, and there is little relationship between the Town House at Sepulveda and Avalon and this development, 0 REBUTTAL Mr, Francis J, Garvey, We predicated our justification on the fact that the Planning Commission approved this precise plan and imposed certain conditions which we were willing to accept, With the exception of the the items we mentioned, we are in agreement, Regarding the so-called alleys, we believe -they are private streets. An alley serves the rear, not the front, We feel that no attention has been given to the merits; no one has discussed why this particular plan is a bad plan. They have come to you with a popularity contest and I might point out to you that a decision on a precise plan is a matter of engineering and aesthetics, not a matter of how many people would or would not like this, Not one person has offered one constructive objection as to how they would change this plan, They have just said they didn't like any plan that has been presented to you, I don't think this is entitled to a good deal of weight in terms of the application. It may be entitled to a certain amount: of emotional acceptance, The precise plan is not determined by popularity vote any more than anything else is. There are rules for these things. You do not have the rule of ancient Greece where democracy was a pure democracy because we have a republic. Otherwise,, it would be necessary to hold a public forum of the entire City of West Covina every time some problem came before the City and take an entire plebiscite as to what should be done, • It is true Chief Sill made comments and you have heard them before, I knew he was a good Police Chief but I haven't heard of his special qualifications in the planning field. His report wasn't on the planning principles which are here, Mrs. King made reference to 1,050 square feet, Units 1 through 18 are 1,050 square feet; those are the single story units, The two story units will have 1,300 square feet and this will come closer to what she would want, Her argument -14- C, C, 9/10/63 Page Fifteen "PRECISE PLAN NO, 366 m Continued can be boilld down to this: You should never build anything less costly • next to something which already exists but only build progressively more expensiIve and more expensive apartments, This is not a sensible argument, idon't know whether people would be allowed to park on the street or not, but she has presented no facts; it is an assumption, Unless she can show that people would park there by showing that the other neighbors in the neighborhood overpark in the streets, I don't think it is fair to assume that someone who is not there yet might do s.omething which could be prohibitive by police administration or by action of the City Council, I would point out with respect to the setback that this setback of 25 feet parallels the setback on the other side of Broadmoor. She spoke highly of the Planning Director in Orange County and what he said at the condominium conference. I happened to be at that conference, Mr. Feldman is the one who arranged for that man to come, There has been a great deal of what I would call positive slander inasmuch as it was oral rather than written; it may even be libel, We will excuse these type of arguments on the grounds that they come from the heart and not from the mind, I am sure no one intended to slander the promoters of this project, They went further to say that you, as a City Council, are incompetent to safeguard the City of West Covina, They have failed to take into account that these structures must be built to what I understand is an ordinance and law of this City known as the Building Code, You employ a certain number of Building Inspectors charged with the responsibility of making a certain number of inspections to make sure this building code is met, I understand this code is reasonably uniform with respect to structures in the City and therefore no one is hurt by it and no one gains anything by following what they have, This is a code designed for standards of safety and construction and applies equally. I didn't hear the Fire Department suggest adversely. They suggested changes if they see something inconvenient or improper and any suggestions made by them were met. I think we have to say that the objections of the Fire Department are not here, I have not had the benefit of Mr. Dosh's comments and since this was apparently a private conversation, I don't think it is fair to Mr. Dosh to bring his comments in private meeting in here and I don't think, although I would give them great wieght on a professional level, that unless he himself says them that they should be given any weight when quoted indirectly here, Mr,',F, Feldman: I wish to remind everyone here tonight that when this first started we invited the home owners of the area to come to meetings we had and very few of them found the time or saw fit to show up, Mr. Hollingsworth worked very diligently to try to get the people to come. The few people who showed up, we explained what we were trying to do; I brought with me to those meetings my full staff and they were ready to listen to any suggestions, Very little came forth from the home owners, The criticisms that came up were immediately met and we made adjustments. We made every effort to explain this. It is considered by those who know condominiums that this will probably be one of the best projects put on in this part of town, -15- r� • Co Ca 9/10/63 PRECISE PLAN NO. 366 - Continued Page Sixteen There being no further public testimony, the hearing was closed. Councilman Snyder: Did the Aneas Corporation or any affiliated company build the houses surrounding this present application, and to what extent? Mr, Fe Feldman: The Aneas Corporation is a cor- poration which owns this particular property and some of the officers were also officers of the corporation that built SunRay homes adjoining this property, It is the adjoining tract, Councilman Snyder: Secondly, did the builders of SunRay homes or affiliated companies give indication, either implied or verbally, to the buyers of those homes that their R-1 rights would be protected? Mr, F. Feldman? What do you mean by that? Councilman Snyder: In selling the SunRay homes, did the Aneas Corporation or, their affiliated companies give any indication either by implication or in writing that their Rml rights would be protected as far as that corporation was able to do so? Mr. F. Feldman: Councilman Snyder: By R-1, you mean that only R-1 would be built adjoining this property? Not necessarily; that the value of their property would be protected, Mr, F. Feldman: This is a very unusual thing for any builder ever to do, either by implication or by writing, and we certainly did not, and I know of no other building company who gives this in writing that they will protect anybody's house. He builds the best house he is able to do. I have'spoken to our, sales manager who was a salesman at that time and he said he didn't tell anyone that they would protect anybody's rights at that time, Councilman Towner: It appears on the map that there are 96 dwelling units on this property, is that correct? Mr, David Scott: There are 1.8 single story dwelling units and Lots Nos, 1.9 through 96 would be two-story studio units, Councilman Towner: There is a requirement recom- mended by the Planning Commission in their conditions that the planning differences shall be constructed to the requirements of Section 9106 of the Code, What width require- ment is that? Planning Director, Mr, Joseph: That has nothing to do with width, It has to do with the pavement depth and construction of the concrete gutter down the center, In the R-2 zone there are no such requirements on width, -16- Ca C, 9/10/63 PRECISE PLAN NOn 366 m Continued 0 Councilman Towner: that there is some requirement that a requirement of the precise plan? Planning Director, Mr, Joseph: Page Seventeen With respect to the drives labeled "Private Drives", I understand they be 20 feet minimum, Is that Yes; the precise plan itself, Councilman Towner: On the requirement of ground cover it was indicated 35% and just to refresh my recollection as to what density of" units are allowed in other zones, with respect to Rml, what is the maximum number of dwelling units that might be allowed on this particular acreage? Planning Director, Mr, Joseph: There was a tract filed about a year and a half ago and it had 35 lots on it, That included the area that is also commercial, If you excluded the corner parcels there would be about 30 R-1 lots, Councilman Towner: On the Towne House development on North Glendora Avenue, the statement was made that we required seven pools for roughly 255 units or roughly one per 35; is this correct? Mr, Francis J. Garvey: That was not a requirement; that was something which the builder • put in and provided, It was not required by the City, I was the attorney for the Towne House Apartments, also, Councilman Towner: At one time on our General Plan there was an indication that this was an area in which we needed a park and there was some indication that this was the last remaining vacant land for a park site in this area and I don't know whether any study was made to find if there was other available park land in the area, Planning Director, Mr, Joseph: The matter was referred to the Planning Commission by the City Council and the Planning Commission reviewed it and made a recommendation back to the City Council by a report as did the Parks and Recreation Commission, Both reports indicated that this is the last site large enough for a neighborhood park, The City Council then directed me to advise the Planning Commission that the City had no funds for such a park, Councilman Snyder: I take it from the restrictions on the precise plan that visitor parking would be limited to drives "A" and "B". is that true? Planning Director, Mr, Joseph: The streets fronting or abutting the tract would be the streets • used, Councilman Snyder: Would the Planning Department in planning for developments of this kind, is there any consideration given for the visitors who will be coming here and also the service trucks that will service this area? I am wondering where they will park, They obviously can't park in the people's garages, -17- C. C, 9/10/63 Page Eighteen PRECISE PLAN 1,10, 366 - Continued • Mr, David Scott: At one of the preliminary dis- cussions with the Planning Department and the. F-ire Chief and the various parties involved with the parking problem, it was brought out that "A" and "B" streets could handle :roughly 85 visitor cars. This does not include parking on Broadmoor or Francisauito or Sunset, Councilman Snyder, Does the City Engineer under the Fire Ordinance or any other way have any right to enter on a private drive and enforce a no parking sign? • n LJ City Attorney, Mr, Williams- No Councilman Snyder: The applicants made reference that they had attempted to hold meetings and received little cooperation, I would like to ask Mr Hollingsworth his version of this, Mr, Hollingsworth! Not only did we cooperate to the fullest extent with the Aneas Corporation but we also presented to them alternative plans that they could possibly put in there and they hammerer] at us that it was economically impossible to develop this piece of property any other way, I have here their precise plan for the 35 homes and T also have here estimates from reputable contractors in the area who will disapprove these comments, I can prove this in black and white that they can develop that piece of property in Rml and 1 am prepared to do so at any time Councilman Heath: hard. three or four R---3 developments alleys or drives, am I right'? Public Services Director, Mr. Dosho If I remember correctly, I think I can cite without straining too recently where there are 20-foot Yes; we have some, Councilman Heath: There are a lot of standards being set by the Towne House Apartments on Glendora with the attitude that if they can do it so can these fellows, You don't see these buildings built, I would suggest you don't hold your breath until you do see them built. If any of you were close to financing at the beginning or insure them, you're hitching your wagon to a high star. I don't think the Towne house Apartments can be economically built, I am talking specific Towne House Apartments on Service Avenue, I went to Santa Barbara and looked at those units, Will this type of construction be similar to that in Santa Barbara? Mr, F. Feldman: Yes, it will, Councilman Heath: I think they are beautiful.. Councilman Snyder: It was my understanding that Towne House people have completed their .financing and are now ready to start work, I have heard this indirectly from one of the builders, ®18- C, Co 9110/63 Page Nineteen PRECISE PLAN NO, 366 - Continued • Mr, David Scotto We were with Mr. Hughes this morning and he said the financing was still. a problem, That was right here in the Building Department this morning, Councilman Jett- In listening to these comments of the opponents and in the meeting I had with Mro Dowding, we discussed I think about every phase of this development that we could think of, I get or got the impression that they are not objecting to the development of multiple dwellings on this property so much as they are objecting to the price of the units, This is what Mr, Dowding very specifically told me that his concern was, that the class of people who would be coming in here is what they were concerned with; that they would be a cheap development; that this would be a low salaried group of people who would be moving into these units. In my opinion, this is getting into class legislation and I, for one, will never be a part of coning anything in West Covina that will say that one man if he makes $50 a week is not as good as a man making $1.00 a week, I have not heard a valid argument against the development of multiple dwellings in here. It has all been on the price, The proponents say they will sell for around $18,000, If they build a unit that will sell for around $16,000 they will have a development that West Covina can be proud of'. I am convinced of this, If they build this type of a unit the people who move into those will be in the price range or price bracket of the • homes that were originally built surrounding the entire development. You don't think any of us would attempt to deny this, that: it is not the price of a unit that we want. I don't think legally we could do this, Councilman Towner- I understand that it is our intent -to hold these things over and consider them as a package. I think it is well to comment on these while the feeling is fresh, First of all, I donwt think this is a question of emotional appeal. or popularity but what we as a Council feel is an appropriate development for the property, As I indicated before, I think multiple dwellings probably are justified in this area but I think that these restrictions that are put on such a development will indicate whether or not they should or should not go in. Because of 'the size of the particular package, this parcel and the difficulty of laying out a tract map on it considering its surroundings, I think there is this justification. If we are going to Put multiple family in there, I think it should be reasonably compatable with the existing homes and it appears to me that instead of being reasonably compatable the attempt here is to overbuild the land, This is based on the comparison between the 96 units proposed here and the 30 single family homes that could be built in the same area, I think some reduction in the density would be in order. This reduction in density should, I believe, go into two items- First, into landscaping, the open areas similar to other residential, areas and secondly, should •go into recreation which would be open area and I think this is clearly indicated because of the fact that this is shown on our general area as a recreation site, There is a need for it in the area. Instead of recreation they are building some three times as many dwelling units as you would find on residential property and disposing of all recreation. Certainly some adjustment can be made here; decrease the number of dwelling units and add some recreation to it. If they followed',the same ratio of the Towne House without consideration of other recreational facilities but pools only, there would be a ratio m19- C,, Co 9/10/63 Page Twenty PRECISE PLAN NO,, 366 - Continued • of one pool for every 35 dwelling units provided on that development; here you would have to provide about three pools which I think would fit very adequately into the layout they have indicated here or they could provide one single recreational area, • The other use of the property other than buildings that I would envision necessary here would be to widen the alleys because they are going to be used as streets, not alleys. They have these units facing onto these 20-foot passageways and they should be and will be used as streets. For that reason I can see no justification for going down to 20 feet, We are going to have a parking problem for visitor parking,, Councilman Heath: Planning Director, Mr. Joseph, Mr,, Joseph, howwide is "A" and "B" streets? They are 35 feet curb to curb. Councilman Jett: I think Councilman Towner has made a remark that gave me an idea,, I believe if. the Towne House development units are built where the bedrooms are upstairs and the living quarters downstairs, is that right,, Planning Director, Mr,, Joseph: I believe so,, Councilman Jett: I wonder if in this development if there has been any thought given to something like this where this could then bring about what Councilman`Towner suggested, the possibility of more green space by not covering the ground so much,, Planning Director, Mr. Joseph: They are two story now,, Councilman Jett: In the proposed development, will the bedrooms be upstairs and the living quarters downstairs? My reason for asking this is could we come up with a better plan that would give us more green area and still accomplish what you are trying to do,, Mr,, David Scott: the downstairs has an alternate, there are two bedrooms upstairs,, Lots 1 through 18 are single story. In the two story units, either a family room or one bedroom; Mr,, Francis J. Garvey: Towne House is approximately 18 units per acre and this one is running about 12 units per acre. Towne House has a higher proportion of land space per acre. They have 15 acres,, Councilman Jett: I am wondering if it is possible if there could be a better precise plan that would give us a better circulation and a better development® Councilman Heath: Planning Director, Mr, Joseph: I would question the block wall going around the outside,, This was put together after a long period of time. There is no block wall on Broadmoor where the units face homes across the street,, There are block walls along Francisquito, Sunset because it faces the backs of the property,, -20® C. C, 9/10/63 Page Twenty -One PRECISE PLAN NO,, 366 m Continued • Councilman Heath- Is there any landscaping outside the of wall? Planning Director, ter,, Joseph; We suggested parkway trees out there,, There is no space between the wall and the sidewalk according to the plan we have,, There will be water inlets to the trees out in the park strips,, Councilman Heath- Have we ever gone to the extent of' supervising an entire landscaping ' on a parcel this size"? Planning Director, Mr, Joseph- No,, The staff_feels that it would be economically to the advantage of the developer to make sure what goes inside of his property so we don`t bother with that. We are concerned mostly with the relationship with the neighboring property. This is a standard statement which has been adopted in Resolution No,, 567 by the Planning Commission,, It calls for a little reasonableness in administration of this,, The only thing we would be concerned with would be along the north and along -the east,, Councilman Jett- In setting up this condominium for the maintenance, the overseeing of the lawns and shrubs and so forth, will each house have recorded • against it a provision that they will automatically upon buying one of these units become a part of this little group and that they will have to pay a. certain amount: or that they will be responsible for a certain amount"? Is this a recorded requirement? Mr,, F. Feldman- The normal procedure in these projects at this time is that there is a C,,C,R,, recorded which actually spells out that: a Board of Directors will be elected from the home owners and. will collect from each particular owner enough money to maintain the property at a minimum amount,, If they don't make the payments and a, lien is filed against that particular home owner, it can be foreclosed in court to make the home owner put up the money,, Councilman Jett- This will be recorded? Mr, David Scott- Yes,, This will be subject to the approval of the Council and the City Attorney,, The C,,C, and R,'s that are drawn on the tract itself,, Councilman Jett- The Superior Oil Company in a development out in Westchester had a similar division and they formed this group called the Kentwood Home Guardians Association, When you, bought a home one of the provisions in the deed was that you became a member of this Association 10 and you were responsible for whatever assessment was placed on each individual, They elected their own president and their own officers to administer this proposition and it was a very well planned develop- ment, Mr,, F,, Feldman- It is the lender who makes it so strict. They make sure that this sort of thing is recorded and in addition put provisions in the trust deed that if the property is not kept in good condition there is a default on the trust deed, -21- • Ca Co 9/10/63 PRECISE PLAN NO,, 366 9 Continued Page Twenty -Two Councilman Towner-, Before I would vote to approve this ®- in fact, I'll vigorously oppose it unless some of these matters are taken care of; that if they could provide something less than three times the number of residential units I would be inclined to favor it better,, I think it should be in connection with our studies of the R-2 zoning,, Secondly, they would have to provide some recreational area 'to make it acceptable to me,, They would have to increase the size of the alleys to. at least 25 feet to make it acceptable to me,, Those are the only things I find that would make this plan more acceptable, more reasonable and com- patable to the existing surrounding homes,, Otherwise, I would be forced to oppose it,, Councilman Snyder- Personally, I feel that the City of West Covina and the people who bought in SunRay homes are entitled to something better than this,, I say this for all the reasons that Mr. Towner has enumerated and Mr. Jett hinted at,, I think the circulation is terrib_Le; there are only two 35-foot roads of any consequence in the whole area The rest of the circulation in essence goes mostly to the backs of the houses,, The rest of the circulation in essence is really alleys, when you consider they are only 20 feet wide, and I would defy anybody to show me any alley in this town that is pin -stripped neat as the applicant has indicated that these would be,, I think this is inadequate as far as parking to service this, not: so much from visitors but from service. trucks,, I certainly would vigorously oppose this unless the alleys are widened and also unless the second street, the main through street bordering the commercial on the north from east to west was made 35 feet, too, because I don't think you will have adequate circulation until you do that. I also feel 'the density is too high,, Actually, this development really frightens me.,, I agree with Mr,, Towner that they have done nothing, absolutely nothing to provide any area of recreation,, It is true they don't have to do this but most responsible developers wish to,, Mr. David Scott- I would like to have a clari- fication on what you are regarding as a private drive or an alley. We have 26 feet between buildings, which is the City requirement in any type of apartment development,, Councilman Snyder - Mr,, David Scott - Mayor Barnes: All the streets except "A" and "B" on the map show 20 feet,, That is the width of paving,, There is a 3-foot setback on the inside of the alley. What is the square footage in the units of the Towne Douse Apartments? • Planning Director, Mr,, Joseph- I don't know,, Mayor Barnes: Isn't it reasonable to -think that if they had 17 units per acre and the Aneas have 12 units per acre, that the square footage would be smaller if they had the same amount of ground cover? Public Services Director, Mr,, Dosh: In the Towne House Apartments the two story buildings are as big above as below which is not the case here,, In the Towne House you don't have as many drives, either. m22® • C, C, 9/10/63 PRECISE PLAN NO. 366 - Continued Page Twenty -Three Mayor Barnes-. I think this is the transition between residential and com- mercial, development, The Chairman of the Planning Commission and myself heard about these apartments in Santa Barbara, We went up to take a look at these because we wanted to know what kind of builders were coming into the area. I think this has a great bearing on the development than what you can get by with on the square footage. I think possibly this could be redesigned, but the density as far as our present R-2 is concerned, this is less than required, We have a new R-2 coming before the Council which has not been passed on but which is very little less than what the applicant has come up with here, I think possibly a better design could be clone on this property, Councilman Jett-. I think something we have skipped over here, the Planning Commission and the Council are making a sincere effort to allow these people to develop their land, At the same time, we are trying to get the very best development for the City that we can, Witness the fact their original application was for R-3B which would have permitted 25 units per acre which we have now cut to R­2 which allows 15 units and their precise plan has now cut this down to 12 units per acre, Density - wise, I think we are making a sincere effort to try to get something acceptable to everybody, Councilman Snyder-. Could we say that we are at least in partial. agreement; that if they were to improve the circulation, -the street widths, and the ground cover and see if they could offer some recreational area that the plan would be more acceptable? Councilman Towner Our comments are all in the record and I think it is time we move along, Motion by Councilman Towner, seconded by Councilman Heath, and carried, that Precise Plan of' Design No, 366, Aneas Corporation, be held over until. the Council has the other matters before them so the Council may consider them all for final action at the same time, that this be held over to the next regular meeting of September 23, 1963, UNCLASSIFIED USE PERMIT NO, 78 Aneas Corporation HELD OVER LOCATION-. Northeast corner of' Francisquito and Sunset between Sunset and Broadmoor Avenues, Request for service station in Zone Cml denied by Planning Commission Resolution No, 144.1, Appealed by applicant on August 26,. 1963, . Mayor Barnes, This is the time and place for the public hearing, IN FAVOR Mr, Francis J. Garvey, This is an appeal by -the applicant of the denial of an unclassified use permit for the use of a service station on the perimeter corner of Francisquito and Sunset, This station if granted will be operated by Shell Oil Company and rather than hear a lawyer explain this it would be better for the representatives of Shell Oil explain this to you, -23- Co C, 9/10/63 Page Twenty -Four UNCLASSIFIED USE PERMIT NO, '78 Continued Mr, Bruce Martin We have a new type of service Real Estate Representative station which is called our ranch Shell Oil Company style service station which is 1085 North Harbor Boulevard something new in the oil industry, Anaheim (Presented renderings and explained same,) We feel with the traffic pattern on this intersection that the highest and best use of this corner is for a major oil company to put a service station in, My engineer, Mr, Larry Blaine, is here to answer any questions you might have, Councilman Jett- Is this rendering of the station you propose to put on this property? Mr, Bruce Martin-. Yes, This is a typical rendering of a ranch style service station, • • Mr, Larry Blaine I am representing strictly the Shell Oil Company technical standpoints of ,this and 1085 North Harbor Boulevard I would like to let Mr, Martin's Anaheim testimony stand by itself, If there are any technical questions, I would be glad to answer them, Councilman Jett; How many pumps will you have? Mr, Larry Blaine We have three pump islands with six pumps, Councilman Snyder; There was some talk about there being a tire shop or something with this, is this true? Mr, Bruce Martino Not that I know of, Most of our service station dealers do carry tires but it is inside, If you want to make it a condition that no tires be displayed outside, that would be all right, Councilman Jett;. With that thought in mind, there is one requirement I would like to see placed in here and that is that any used tires not be permitted to accumulate in the event that this is approved, Mr, Bruce Martino Councilman Towner, Mr, Larry .Blaine - This is very agreeable. How far do the pump islands set back from the street, from the right of way line? 15 feet from the right of way line, Mr, Francis J. Garvey- We have asked for a rather unusual situation here in that we have asked for this unclassified use permit adjacent to a residential structure, I think it is far enough away from the general neighborhood so that the existing neighbors will not be directly effected, It appears that the developer is willing to take the risk as to whether or not he can sell a unit adjacent to this proposal, -24- C, Co 9/10/63 Page Twenty -Five UNCLASSIFIED USE PERMIT NO, 78 - Continued • Francisquito is a secondary highway on this side of Glendora and Sunset has a large volume of traffic, In the 12 acre commercial center across the street, there is an existing major service station. There are other service stations up and down Francisquito, it's true, There is a principle of zoning practice which is not often applied, known as the squaring -off principle which indicates that if you have placed a particular type of use on one side of the street that it may be properly balanced off as a matter of planning by zoning a similar area. By applying that principle merely to the corners, taking into account we have exactly the same traffic circulation and that your problems of turning in and turning out would be generally the same if you have a divided street along Francisquito, I submit that the squaring -off principle applies with respect to the 150 by 150 on this corner as is sometimes applied with respect to total commercial development, We feel a service station of a modern type would be compatable with the area which will be immediately behind it as distinguished from the area which is across the street and which comprises the greatest frontage, The Planning Department has suggested the location of the two driveways, that they be moved further back to a distance which projected 20 feet but it seems as if a literal reading of the wording refers to a projection of the exterior lines and if we were to project the exterior lines at the corner of Francisquito and Sunset so as to get squared, We have already placed those driveways within the 20-foot requirement, The Planning Department's memo relates to exterior line • projected and treating the radial arc as being your perimeter there and cutting off your lot line in this respect: would be doing an injustice and be requiring another condition, A second condition which has been imposed would be the placing of a bumper curb around the exterior perimeter of the property which would be two feet wide and six inches high, We feel this serves no purpose because a car can easily roll over a six-inch high obstacle. It becomes a traffic nuisance for children walking along the sidewalk. It is also possible for a driver in a hurry to cut shorter than he intended and a six-inch curb is only a detriment to his tires, not to -the vehicle, so it would be possible for him to make a right turn into these driveways and strike a six-inch high bumper at a speed which would carry him over that but cause him to lose control of the automobile and slide into the island pumps thus creating a fire hazard, Further, there is a 15-foot distance between the line and the island pump, Automobiles are about eight feet in width and the door opening is approximately two and a half feet to three feet when it is open, There is the pos- sibility of somebody tripping over the barrier getting out of the car in a hurry and would invite lawsuits for the company or the City, depending upon where he lands. The other objection is to the indefiniteness with respect to the landscaping requirements, "There • is a provision that he allows in the corner for landscaping, It is impossible to tell fromthe conditions as imposed by the Planning Commission whether they are asking for total landscaping of the entire periphery or what type they want. We would like a little more precision as to what the requirement for landscaping would be, .-25- C, Ca 9/10/63 Page Twenty -Six UNCLASSIFIED USE PERMIT NO, '78 - Continued 0 IN OPPOSITION Mr, Alfred M, Stern The proposed station was turned down 1013 West Francisquito Avenue by the Planning staff and the West Covina Planning Commission unanimously. C, The City declared a service station on the corner of Orange and Francisquito a quarter of a mile away from this site as not the proper place for a service station, That application was made by an elderly couple without special backing, It only seems reasonable that a multi -million -dollar corporation such as the applicant should not receive special consideration under their proposal, It would be a hardship on the Mobil owner across the street,, It was indicated by the applicant that they could dispose of the corner in a high five figure number for a service station and that the Shell Oil Company would erect a structure compatable with the area, The benefit of the community should be considered and not that of the developer, Furthermore, a filling station remains a filling station even if the pumps are gold-plated, Service stations are not constructed in new and growing areas unless development reaches a point at which the business potential of the area can be estimated accurately, Mr, K, W. Walter states that about 67% of the business at a station Located in an urbanizing area is drawn within a one mile radius. Needlesstosay, you all will find more than enough service stations already within this one mile radius. Is Mr,, Chuck Dowding- This is a question of land use, It is not a question of whether-, they will. put used tires inside or out. This is a plain case of strip zoning on a secondary highway. The Council. went on record recently as being opposed to a like proposition, There has been no discussion at all of the circulation relative to this particular development. I would like to ask the City Engineer whether they are going to restrict cross street egress as far as the entrance to this ser,vice station from the opposing lane, E Public Services Director, Mr, Dosh° The intention is to eliminate cross traffic across both major and secondary highways, If you look at the corner of Rowland and Azusa we have a similar situation. In time we will probably channelize all those streets, We have the same situation at Sunset and Merced. There is no reason why we can't channelize or contain thC traffic so we wouldn't have a traffic conflict, Mr, Chuck Dowding.- The need for this type of special construction points up the problem we have of putting such property adjacent to a secondary highway, There has been no stipulation or question about the hours of operation. I would presume that this would be a 24-hour operation. Councilman Heath - City Attorney, Mr, Williams - health and safety require it, done by a zoning condition, I I have a question as to whether Mr. Williams, can the City regulate the hours of business of a commercial enterprise in the City? It is within the police ' Dower to do it if the public peace, It is not normally something that is think you can do it with an ordinance, it would be a valid zoninc, condition, C�- -26- C, Co 9/1.0/63 UNCLASSIFIED USE PERMIT NO. 78 ® Continued • Mr, Chuck Dowding - zone, In conclusion, our able have given this serious study have good reasons if you veto • • REBUTTAL Page Twenty -Seven They are proposing a nuisance -type use in an essentially residential staff planners and Planning Commission and have turned it down twice. I hope you this type of study, Mr. David Scott 1601 E+lest Redondo Beach Boulevard painted island at the present time turn and in the future there would island, I think at this type of a and a major highway, this is just Regarding the left turn into the service station, it was resolved that you have an enforceable which restricts any type of left be a provision made for, a concrete corner where you have a secondary right for a service station, Mr, Bruce Martin- The hours of operation have been mentioned. The comnanv would take its survey of competitive hours and we would stay open a minimum to meet competition, If it came to a point where we had to make this part of the ordinance, it would be agreeable to that provided it was a fair figure, As far as driving the Mobil station dealer out of business across the street, the company does not feel this is a valid reason at all, The question here is land use, We feel. with the Shell Oil Company that the highest and best use of this property is for a service station development of our kind, There being no further public testimony, the hearing was closed, City Clerk, Mr, Flotten- (Read Planning Commission Resolution No, 1441,) Councilman Towner- If the majority of the Council goes ahead with the service station at this location, I think that the condition that there be no outside tire storage or display, either new or used tires, and that they,, close off the adjacent R-P parking and there be no interchange between the two uses would be advisable. I would agree with knocking out that raised curb requirement, I think my other comments would have only to do with the usage at the particular site, not the particular plan and we do have this unclassified use permit under consideration. In this regard, it seems to me that all reference has been made to the existing commercial .zoning and the service station across the street to the south, totally ignoring the existing single family homes across the street to the west and across the street to the southwest, Any justification that is made for a service station at this site is also justification for any other corner on this street, I believe we can adequately serve the needs in this area for service stations by the existing station across the street, Anyone who could reach that station could just as easily reach the proposed station, It appears to me that this is unjustified as far as the people living across the street to the west, in particular, are concerned, I think you could get a better multiple family development if you used that entire acreage for that purpose, Councilman Heath- Mr, City Attorney, I know in many cases we have required so much street improvements to go along with a development, but I have never in five years on the Council heard of us requiring actuater pads. Is this legal? ®27® Co Co 9/10/63 Page Twenty -Eight UNCLASSIFIED USE PERMIT NO, 78 Continued City Attorney, Mr, Williams- I think the test is this- That • if the use that you are passing upon is the thing that causes the need for the actuater pads, then you can require it; but if the use that is going in is not what causes the need for the actuater pad, but the traffic on the streets is what causes the need for them, then you cannot legally do it, Councilman Heath- In my own opinion, we would have an awful time in court enforcing this, Councilman Jett- Does the station on the corner across the street have anv landscaping at all? Mr, Bruce Martin- The station itself I don't believe has any, Councilman Jett- As I recall, -the blacktop area of the station is on the same level as the parking lot, is this true? Planning Director, Mr, Joseph- Yes, Councilman Snyder- It seems to me if you are attempting • to beautify your stations and mgke them fit into the surrounding homes that you must have some ideas regarding landscaping, and I don't recall seeing the landscaping in the picture, Mr, Bruce Martin - (Presented rendering and explained same,) We don't know what you want in the way of Landscaping, Councilman Snyder- Do you plan to plant in the back of the station, like tall trees, or something? Mr, Larry Blaine; We would like to know a little bit more as to what the Planning Commission would require in the way of landscaping, Councilman Jett- We have a good example and that is the new station that just went up on the north side of the freeway on Vincent, They have done a beautiful. job of landscaping around the station, I think these people have come up with a step in the right direction in landscaping, Mayor Barnes- I wonder if our Planning and Recreation Departments would work with these gentlemen on this landscaping problem, I think here we have two heavily travelled streets in this area and there is a station directly across the street, and all these things have to be considered, Mr, Williams, can we consider this tonight on an unclassified use permit? City Attorney, Mr, Williams- It would have to be subject to the condition that the zoning becomes effective, This is part of the same precise plan you just heard on the previous hearing, Co Co 9/10/63 Page Twenty -Nine UNCLASSIFIED USE PERMIT NO. 78 a Continued • Councilman Snyder. Getting back to the intensity of land use here,, I, myself, don't see much reason in stating much more than the Planning Commission stated, They said it very simply, I don't feel sufficient justi- fication has been shown for a filling station at this site, I am taking into consideration the same arguments in rejecting that one at Orange and also the fact that Rml to the east and the north and the southwest, Councilman: Jett- I think as far as use is con- cerned, I think in my opinion this is a good use for this corner, Sunset Avenue is a 100®foot major street. The fact that Francisquito is a secondary highway indicates there is go] -rig to be more and more traffic as time goes on. These are streets that for the future are proposed to be a busy corner, There are people who will use this brand of gas who do not use the brand on the opposite corner. I can't help but feel this is a good use for the corner, Councilman. Towner, It seems to me that there is no justification shown for the gas station and that the best use of the property is just to expand and properly develop that compatable multiple family, Councilman Jett. How can you justify any use on any property? How do you measure this? Councilman Towner- I think one thing certainly true is that every City Council puts its own stamp of character on the City and what is physically developed in the City is the stamp we have put on it, The character of the City, I think, should reflect the highest aspirations of the City and this is what I would like to see done, City Attorney, Mr, Williams- Highest and best uses -- what is with the highest until. you reach a you don't go any and best use, It most restrictive court decision on Councilman Heath - economic return Flood Control., and they do it the highest use? R-1. You start zoning, R$1, and you go down, You only go down point where it is usable, If it is usable as R­l further, Our ordinance says that R­l is the highest gives the order of zoning,, The highest use is the use, Our zoning ordinance says so. This is the zoning, and and the I thought the highest use was the one that gives you the most in working with County groups, zoning groups, and so forth,, they will go for the highest and best use opposite from what you said, • Councilman Snyder: I always thought that planning commissions and councils tended to turn it around the other wav, Councilman Jett- In a case where there is con- demnation on a piece of property and we are involved in the determination of the highest and best use of that property in measures of dollars and cents, how can you say that R-1 is the most valuable use of that property? m29® Ca Ca 9/10/63 Page Thirty UNCLASSIFIED USE PERMIT NO, 78 Continued • City Attorney, Mr. Williams- I am not talking about property or any property. You asked a generic question m® what guide do you apply in zoning? The guide you apply in zoning is the highest and best use and the highest use is the most restrictive use. Another thing you all find in zoning, repeatedly stated in the Regional Planning Commission, they will not listen to dollars and cents; it has nothing to do with something. Condemnation and zoning are entirely different things. Councilman Snyder- This Council has listened too - much recently on how much this is going to cost a developer. I think zoning determines price and price does not determine zoning and I think we are neglectful in our duty if we zone according to what it is going to cost the developer. Councilman Jett- I think the use would determine the value. I think we have to have an answer on this. I think we need a legal interpretation of what the highest and best use of property is because we are going to have to go along with our appraisers in the future on this highest and best use. City Attorney, Mr. Williams. Appraisers have nothing to do with highest and best use. Value has nothing to do with zoning. Zoning has nothing to do with value. • When you talk about appraisers, you are not talking about zoning; you are talking about condemnation or evaluation of property. The highest and best: use is that use which is most restrictive and still permit a full legal enjoyment of the property. I think you will find it is defined almost in those words. If the highest use was the least restrictivE use there would not be the slightest object: in ever having passed a zoning ordinance. Mayor Barnes- I think we have to look at good development and look at it realistically. I think we will have to hold this over. • Councilman Snyder- I think you're missing the point. If you say in effect that wherever you have two major streets or secondary streets crossing, you should have a filling station on a1.1. four corners. I would like to point out that in having two major streets crossing, you have set up a problem and in putting a filling station on all four corners you are increasing the traffic problem at that corner. I admit it is beneficial to the filling stations to be on these busy corners, but it is not beneficial to the flow of traffic into the City. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Unclassified Use Permit No. 78 be held over to the meeting of September 23, 1963. m30- Co C, 9/10/63 HEARINGS ® Continued Page Thirty -One • PROPOSED AMENDMENT MO. 59 Request to amend the West Covina City Initiated Municipal Code as to those HELD OVER sections relating to the amending of residential zone classifications R-A, R-1, R-21 R-3 and Rm4 approved by Planning Commission, Held over from April 22, 1963 to July 22, 1963, Zone classifications R-4 approved by Council. on July 22, 1963, and remainder held over to August 5, 1963, Held over to September 10, 1963 for study and evaluation, Mayor Barnes- We are still studying this matter. I would like to hold this further, Councilman Towner- I think we should set up a date to consider the other aspects of the amendment, Motion by Councilman Jett, seconded by Councilman Heath., and carried, that Proposed Amendment: No, 59 be held over to themeeting of October 14, 1963, PLANNING COMMISSION • METES 6 BOUNDS SUBDIVISION NO, 135-214 -LOCATION- 2704 Lark Hill Drive James D. Brown, M.D. between Lark Hill APPROVED and Citrus 1,54 Acres - 2 Lots - Area District III, Approval recommended by Planning Commission on August 28, 1963, Mayor Barnes- I think it should be known that at any future date that these people in this area require or want curbs and gutters that it shall be done by a 1911 Act and applied against the property. I think this is the only fair way to do it, Councilman Snyder- I agree, Councilman Towner! The requirements here are the same as required on other properties? Public Services Director, Mr, Dosh; Yes, Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Metes and Bounds Subdivision No, 1.35-214 be approved subject to the recommendations of the Planning Commission, • METES 6 BOUNDS SUBDIVISION NO, 135-215 LOCATION- Lark Ellen Avenue Wallace and Jean King between Rowland and APPROVED Puente Avenues, ,48 Acres m 2 Lots - Area District II, Approval recommended by Planning Commission on August 28, 1963, -31- Co Co 9/10/63 Page Thirty -Two METES 8 BOUNDS SUBDIVISION NO, 135-215' - Continued • Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Metes and Bounds Subdivision No, 135-215 be approved subject to the recommendations of the Planning Commission. TENTATIVE MAP TRACT NO, 28897 LOCATION: Northwest corner of Rodco, Inc, Hollenbeck and Merced APPROVED Avenues, 1,68 Acres - 8 Lots - Area District IIA, Approval recommended by Planning Commission on August 28, 1963, Councilman Heath.- You're going to widen this street eventually and take'a strip off the school property? Public Services Director, Mr, Dosh.- Not necessarily, All the houses fronting? on Merced on both sides meet the old 60-foot street requirements. If you ever come back and pick up 10 feet along there you will have a lot of problems, The. Planning Commission felt it would be an imposition to ask them to dedicate the 10 feet now because it would louse up their subdivision, City Manager, Mr, Aiassa.- We do have a letter from two • property owners who want to put improvements in the south area that we are talking about, We have to make a decision soon, Councilman Snyder.- I would certainly take the 10 feet from the school and that corner lot because they are going to be swinging around that corner, Public Services Director, Mr, Dosh° You could make a setback greater on the side yard here so if -they ever take the property it wouldn't damage the property, City Attorney, Mr, Williams: and you can take it later, for that, Councilman Snyder.; You can have an offer of dedi- cation which is to remain open The subdivision act provides expressly It would be more fair to take a foot off of each lot, City Attorney, Mr, Williams.- Slight modifications aren't by action of the Council, You can approve the subdivision subject to the granting of a slight modi- fication, • Motion by Councilman Heath, seconded by Councilman Towner,, and carried, that Tentative Map Tract No, 28897 be approved subject to the following conditions.- (1) That Lots 2 through 8 be reduced one foot in width; (2) That this reduction in lot widths be done by a slight modification and that it be filed by the owners to be acted upon and approved by the Committee; -32- Ca Co 9/10/63 Page Thirty -Three TENTATIVE MAP TRACT NO, 28897 Continued (3) That Lot No. 1 be increased to 84 1/2 feet; (4) That it is the determination of this approval by the City that the subdivider furnish an offer of dedication of 10 feet along Merced Avenue to conform to the 80-foot of maximum right of way; (5) That the improvements line up with the improvements that the school has put in; and (6) That this is subject to the recommended conditions of the Planning Commission. INTRODUCTION OF BOB HEATH, JR. Councilman Heath! There is another member of Bob Heath Realty in the audience tonight ­ my son, Bob heath, Jr., running my Costa Mesa office, He is lining himself up for Councilman of Costa Mesa, RECREATION 8 PARKS • TEEN-KAN-TEEN Mayor Barnes! I would like to introduce Bill Wilson, Do you have any progress report or anything to give us this evening regarding the Teen -Kan -Teen bui.lding7 Mr. Bill Wilson! The electrical work isn't completed yet. I am out for bids now on plaster and working it out with the glass company to get the glass. Our Continentals have produced money from their dances and have paid into our foundation around $1,500, At the present time we have all the bills outstanding paid for. I can't say we are going on schedule because that is a difficult thing to say. It is a slow process and I'll be glad when it's finished. City Clerk, Mr. Flotten: We have a $25.00 check that was given to the City of West Covina and we would like to have authorization to sign this over to the Teen-Kan®Teen. The check is from the East San Gabriel Gardeners' Association. . Motion by Councilman Heath, seconded by Councilman Towner, and carried, • that the check to the City in the amount of $25.00 from the East San Gabriel Gardeners' Association be turned over to the Teen -Kan -Teen. Motion by Councilman Towner, seconded by Councilman Heath, and carried, that the Mayor be instructed to write a letter thanking the East San Gabriel Gardeners' Association for their donation to the City. Mayor Barnes! We will have our Capital Budget meeting on the 24th of this month. I think the Teen -Kan -Teen might be considered. -33- 0 C� Co Co 9/10/63 TEEN®KAN-TEEN - Continued Councilman Snyder - Page Thirty -Four I think it is probably budgeted but the Council wants to wait for the right moment. Councilman Jett- I certainly think -this Council should pass a resolution commending Bill Wilson on the work he has done. I think he is entitled to this. He has put a great deal of time into this project. Mayor Barnes.- I think it is in order. and I think we should but perhaps we should wait. Mr. Bill 1,-,lilson- Let's wait until the thing is finished to give me your thanks. Councilman Jett- I certainly want you to know we appreciate the work you're doing, I know of some of the time and effort he is putting in on this project, REPORT OF RECREATION 9 PARKS COMMISSION MEETING OF AUGUST 27, 1963 City Manager, Mr. Aiassa STUDY MEETINGS Mayor Barnes: (Mr. Flotten read a memorandum re this action.) We have notified them of the meeting; on the 19th at. 8 - 00 P J1, We will have Budget: on the 24th, Councilman Towner- The. State Bar. Convention is during that week and I have to go up there for at least one day and it will probably be on the 24th. That is in San Francisco, The 16th is Stone and Youngberg. The 19th is the joint meeting with the Recreation and School Board. The 23rd is the regular Council. meeting. The 24th is the Capital Outlay. Mayor Barnes - Councilman Jett: City Manager, Mr. Aiassa- Mayor Barnes: Councilman Jett: City Attorney, Mr. Williams: We may not have Capital Outlay on the 24th. We can set the date on the 23rd at our meeting. We have to have a meeting on water. What about the 12th? I have another meeting, but if that: is the date set, I'll make it. Fine. At eight o'clock, I have a meeting Thursday. -34- • Ca Co 9/10/63 STUDY MEETINGS - Continued Councilman Snyder - Councilman Towner- WRITTEN COMMUNICATIONS SAN GABRIEL VALLEY SYMPHONY City Clerk, Mr, Flotten- CITY ATTORNEY ORDINANCE N0, 817 ADOPTED Page Thirty -Five The 12th is fine with me. Fine. I have the passes for the year from the San Gabriel Valley Symphony- (Passed them out.) Also a letter of thanks. The City Attorney presented - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING THE PROVISIONS OF THE ZONING CHAPTER OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE R-411 Motion by Councilman Jett, seconded by Councilman Towner, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Jett, seconded by Councilman Towner, that said ordinance be adopted. Motion passed on roll call as follows- Ayes- Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes- None Absent- None Said ordinance was given No. 817. ORDINANCE IJO , 818 ADOPTED The City Attorney presented - ,,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING CHAPTER 1 OF ARTICLE III OF THE 11EST COVINA MUNICIPAL CODE PERTAINING TO THE REGULATION OF TRAFFIC" (As introduced on August 12, 1963) • City Attorney, Mr. Williams. (Read portion of said ordinance.) "All acts become final at the end of twenty (20) days or after the next regular meeting of the City Council." What you mean to say is that the Council shall have the right to veto their actions within a period of 20 days or the next meeting of the City Council and if not vetoed, they shall become final. I think the thing you want isn't here at all. I think instead of the veto, I have a suggestion- Add to the provision that gives the Authority to install traffic control devices "and except in case of temporary emergency measures no such traffic control device shall -35- Ca Co 9J1.0/63 Page Thirty -Six ORDINANCE NO, 818 m Continued Am be installed or removed until. such installation or removal has been approved by resolution or motion of the City Council." If you are going to have it come here and have it on the agenda, you might just as well approve it. It is better to word it in the affirmative than it is to word the veto thing, We could consider that this is 'the way it was amended last time, Councilman Towner,- I think it is much better to just retain some ultimate control over it and know what is going on but not have all of these street signs and stop signals come up before°the Council, It is getting us into too much administrative detail, Councilman Jett. This wasn't the intent, Planning Director, Mr, Joseph. This could be effective unless appealed by the City Council., Councilman Snyder,-, We could just review it and if there is nothing wrong just let it go by, Councilman Jett, I think we have to have some confidence in these people, Mayor Barnes. Perhaps we should have them reviewed like we do on the Planning Commission -_ go over their action and if nothing is b-ought up then it is final,, City Attorney, 1,1r, Williams. Who appeals from a Traffic Committee? Personally, I think you should try this caithout this delay and see how this Committee works, You can always stop them if they boot It. If you are going to go this route you are going to have to write an appeal procedure in this ordinance, Councilman Snyder- I agree with you, I think we should try it the other way, They are not going to openly defy us, City Attorney, Mr, Williams- I could word it: so only signals, stop signs, yield signs, and channelization and traffic movement would come before you, Councilman Towner. As far as I'm concerned, I prefer not being bothered with a1.1 of these details unless we actually get a problem, City Attorney, Mr, Williams, I would suggest that this City • is reaching a size when you are going to have to delegate these things, I think if you would try the delegation but keep getting reports, and i_f it works as well and you only have two or three you disagree with in a period of a year or two, I would rather have the two or three ha-ppen each year and not have to fool with it, Then I think we will erase the change and try it as it was originally written; give them the whole authority and see how it goes, You have introduced it both ways so it can go either way, -36® Ca Co 9/10/63 'ORDINANCE NO, 818 - Continued Motion by Councilman Heath, to waive further reading of on August 12, 1963, Page Thirty -Seven seconded by Councilman Towner, and carried, the body of the ordinance as introduced Motion by Councilman Heath, seconded by Councilman Towner, that said ordinance as introduced on August 12, 1963, be adopted, Motion passed on roll call. as -follows- Ayes. Councilmen Towner, Jett, Heath, Snyder, Mayor Barnes Noes. None Absent. None Said ordinance was given No, 8.18, PERELY PROPERTY City Attorney, Mr, Williams-, I had a call from a Mro Stanley Clark who is the attorney for the Ho Bo Morgan Company which has been trying for some time to put a drainage ditch conduit or something through the property of the Perleys over which the City has an easement but they seem to be defending it with a shotgun, They have built the garage over the easement, I think 'the contractor has actually filed a suit but in • his own name and the judge has indicated he would be more successful �- if the City filed the suit, I said i thought it was my feeling that the City Council wasnpt interested in putting this drain in for him but was willing to give him whatever was required to let him get it in, He said that the contractor would be willing to pay the cost and he would be willing to do the legal work. If this is agreeable to the City, I would suggest a motion authorizing attorney Stanley Clark to represent the City of. West Covina without cost to the City of West Covina to bring a suit against Flora Perley to enforce the easement the City has across the property of Flora Perley and to prevent any interference with the construction of a storm drain therein, Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that Mr, Stanley Clark, an attorney, be authorized to represent the City of West Covina without cost to the City of West Covina to bring a suit against Flora Perley to enforce the easement the City has across the property of Flora Perley and to prevent any interference with the construction of a storm drain therein, (Councilman Heath abstained,) Councilman Heath. Motion by Councilman that the City of [lest ment in the easement specifications of the assurance that the H. thereof, (Councilman Councilman Heath: I have an interest in this particular area, Towner-, seconded by Councilman Snyder, and carried, Covina install an adequate storm drain improve - across the Perley property according to the City Engineer upon receipt of satisfactory B. Morgan Company will bear all of the cost Heath abstained,) am going to enter into this lawsuit, City Attorney, Mr, Williams: Again, T have an interest in this particular area, In fact, I too, Mr. Flotten should write to Mr. Clark and advise him of this action, -37- • Co C, 9/10/63 MAYOR'S REPORTS MUTUAL AID AGREEMENT Page Thirty -Eight Mayor Barnes: I had a meeting today in Super- visor Warren Dorn Is office on this Mutual Aid Agreement pertaining to what I thought was fire. They brought up the idea that this should be broader, Los Angeles County has taken the attitude that they feel if we are going to have a good program that they do not want to take the lead in this, that they want the independent cities to get into it more and come up with some device where we can progress in this as for joint participation, (Councilman Heath left the chambers at 12:35 A.M.) Councilman Snyder: FIRE DEPARTMENT BROCHURE I think they should stick to mutual aid on fire before they branch out to other things, Mayor Barnes: I think we should commend Chief Wetherbee and his staff for the excellent brochure they put out*on fire. I received a letter from back east for a copy, Motion by Councilman Snyder, seconded by Councilman Towner, and carried, that Chief Wetherbee and his staff.be commended for the excellent brochure they put out on fire, CITY MANAGER REPORTS None CITY CLERK PROPOSED WESTERLY ANNEXATION DISTRICT N0, 45 TO THE CITY OF COVINA City Clerk, Mr, Flotten: This is for your information. We have a problem here because they didn't go to the center of the street, Councilman Towner: We ought to call the Boundary Commission's attention to this, • It has happened more than once and we should have some means of straightening this out, They ought to be notified that we are aware of the problem and we don't like it, Councilman Snyder: They are'taking the land and leaving the street to be maintained by the County, -38- Co C, 9/10/63 CITY CLERK - Continued Page Thirty -Nine Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that the Los Angeles County Boundary Commission be notified that we believe it good policy to carry the annexation to the middle of the street at least, especially pertaining to this Annexation No, 45 to the City of Covina, APPLICATION FOR OFF SALE GENERAL ALCOHOLIC BEVERAGE LICENSE OF THE MAY DEPARTMENT STORES COMPANY APPLICATION FOR ON SALE GENERAL (CHANGING TO PUBLIC PREMISES) ALCHOLIC BEVERAGE LICENSE OF VENISE RESTAURANT No protest voiced. No protest voiced, TEMPORARY USE PERMIT APPLICATION OF EASTLAND BUSINESSMEN'S ASSOCIATION TO CONDUCT ANNUAL ART FESTIVAL FROM • OCTOBER 3 TO 69 1963, Motion by Councilman Towner, seconded by Councilman Snyder, that a temporary use permit be granted to Eastland Businessmen's Association to conduct annual art festival from October 3 to 6, 1963, Motion passed on roll call as follows: Ayes: Councilmen Towner, Jett, Snyder, Mayor Barnes Noes: None Absent: Councilman Heath LEAGUE OF INDEPENDENT CITIES CONFERENCE City Clerk, Mr, Flotten: Mayor Barnes: Councilman Jett: Councilman Towner: • BOWKER LETTER City Clerk, Mr, Flotten: On the Catalina conference, who is going? Dr. Snyder will let me know tomorrow. I am going, I am not going, I'm not going, The Council has copies of the letter from Mr, Bowker, Do you want to take that up on the 16th? Mayor Barnes: All right, -39- C. C. 9/10/63 Page Forty 'COUNCILMANIC REPORTS BARKER BROTHERS Councilman Snyder: On the letter from Barker. Brothers Corporation of August 15, we practically promised them we would look at that situation over there. City Manager, Mr. Aiassa: That will come up on the 16th. WEST COVINA EMPLOYEES' ASSOCIATION PICNIC Mayor Barnes: IRWINDALE'S 6TH ANNIVERSARY This is on the 28th. We are all invited to go. Mayor Barnes: I have an invitation from the City of Irwindale for September 14th to celebrate the 6th anniversary and the Council is invited. It will be from 3:00 P.M. to 1:00 A.M. • SCHLANGER PROPERTY City Clerk, Mr. Flotten: I received a call from Mr. Schlanger this morning. He wants to know when you want to talk to him again, Councilman Snyder: Councilman Jett: CITY TREASURER None DEMANDS Tell him I am not interested at all. Me, too. Motion by Councilman Towner, seconded by Councilman Snyder, to approve demands totalling $36,837.73 as listed on demand sheets B136, C330 through C332. This total includes fund transfers of $1,592.02. • Motion passed on roll call as follows: Ayes: Councilmen Towner, Jett, Snyder, Mayor Barnes Noes None Absent: Councilman Heath -40- (. t:{" "v C. C. 9/10/63 Page Forty -One IWIThere being no further business, Motion by Councilman Jett, seconded by Councilman Snyder, and carried, that this meeting be adjourned at 12:U A.M. to September 16, 1963 at 8:00 P.M. ATTEST: w CITY CLERK • APPROVED Z?l / I . MAYOR -41-