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09-23-1963 - Regular Meeting - Minutes0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA SEPTEMBER 23, 1963 The regular meeting of the City Council was called to order by Mayor :.Barnes at 7.45 P.M. in the [Best Covina City Hall, Councilman Snyder pled the Pledge of Allegiance, The Rev, DeWitt Brady of the Congre- gational Church of the Good Shepherd gave the invocation. ROLL CALL Present. Mayor Barnes, Councilmen Jett, Heath, Snyder 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. Councilman Towner APPROVAL OF MINUTES August 5, 1963 - Approved as presented as follows:, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Minutes of August 5, 1963, be approved as presented. August 19, 1963 - Held for final approval. Discussion as follows. Councilman Heath. City Clerk, Mr, Flotten: Councilman Heath: City Clerk, Mr, Flotten: Are these the Minutes where we discussed the fire station? Yes, beginning at the bottom of Page 3, Mr. City Clerk, does this contain all of the statements on the tape? I don't believe so. I believe it does contain all the statements that are pertinent, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Minutes of August 19, 1963, be held over until all the information concerning the fire station that is on the tape is inserted in these Minutes, CITY CLERK'S REPORTS TRACT NO, 25765 LOCATION. North of Cameron Avenue, ACCEPT STREET IMPROVEMENTS east of Barranca Street, Fontana Enterprises APPROVED Accept street and storm drain and sanitary sewer improvements. -1- v C. C. 9/23/63 TRACT NO. 25765 Continued Page Two Authorize release of General Insurance Co, of. America bond No. 485717 in the amount of $61,600.00 subject to receipt of $850.00 bond or cash deposit for incompleted driveway approach. Staff recommends acceptance and release of bond, Motion by Councilman Heath, seconded by Councilman Jett, and carried, to accept the street improvements in Tract No. 25765 and authorize release of the General Insurance Company of America Bond No. 485717 in the amount of $615600.00 subject to receipt of $850.00 bond or cash deposit for incompleted driveway approaches. PROJECT C-167 ACCEPT STREET IMPROVEMENTS Herz American APPROVED Casualty Co, performance bond in Notice of Completion procedure, release of bond, LOCATION: Northeast corner of Walnut and Merced, Accept street improvements and authorize release of Maryland the amount of $2.2,978.00 subject to Staff recommends acceptance and Motion by Councilman Heath, seconded by Councilman Jett, and carried, to accept the street improvements in Project C-167 and authorize . release of the Maryland Casualty Company Performance Bond in the amount of $22,978,00 subject to the Notice of Completion procedure. PRECISE PLAN NO, 128 LOCATION: Northwest corner of ACCEPT STREET IMPROVEMENTS California Street and Jack I� Dubrove Walnut Creek Parkway, APPROVED Accept street improvements and authorize release of Pacific Employers Insurance Co bond No, 01-70076 in the amount of $141500.00. Staff recommends acceptance and release of bond, Motion by Councilman Heath, seconded by Councilman Jett, and carried, to accept the street improvements in Precise Plan No, 128 and authorize release of Pacific Employers Insurance Company Bond No, 01-70076 in the amount of $149500.00. PROJECT C-201 LOCATION: Willow Lane - west of APPROVE PLANS AND SPECIFICATIONS Willow Avenue. STREET IMPROVEMENT APPROVED Approve plans and specifications for street improvement. Authorize • City Engineer to call for bids subject to R.O,W, clearance. (Budgeted participation project: property owners $7442.00, City $6,000,00,) Staff recommends approval and authorization to call for bids, Councilman Heath: Public Services Director, Mr. Dosh: Have we received all the quit -- claim deeds? Not yet, This will be held for bid until the deeds.are received, IWM C, Co 9/23/63 Page Three PROJECT C-201 - Continued • Motion by Councilman Heath, seconded by Councilman Jett, and carried, to approve the plans and specifications on Project C-201 and authorize the City Engineer to call for bids after we received deeds on all property,to be dedicated, • • RESOLUTION NO, 2741 ADOPTED Mayor Barnes: 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 BY HAROLD L. LANE AND EDNA L. LAME ON SEPTEMBER 18, 19635 FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS WILLOW LANE) 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, 2741, RESOLUTION NO. 2742 ADOPTED Mayor Barnes: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPT- ING A CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE RECORDATION THEREOF" ( EXECUTED BY _ HARO.LD _L. LANE AND EDNA L. LANE ON SEPTEMBER 18, 19635 FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS WILL014 LANE) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Snyder, 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, 2742, -3- U • • C. C. 9/23/63 CITY CLERK'S REPORTS - Continued RESOLUTIONI NO, 2743 ADOPTED Mayor Barnes: Page Four The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF METES AND BOUNDS SUBDIVISION NO. 135-2151 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER" (King) 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. 2743. RESOLUTION N0, 2744 ADOPTED Mayor Barnes: 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"(Van Syckle) (Metes 9 Bounds Subdivision No. 135-215) Hearing no objections, we will waive further reading of the body of the resolution. City Attorney, Mr. Williams: I think if you act on both of these and after you have acted, direct that the grant deed be recorded before the final map is signed and it will be all right. Public Services Director, Mr. Dosh: The Van Syckles have given us a grant deed for.frontage '..on the. whole parcel Motion by Councilman Snyder, 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. 2744. Motion by Councilman Snyder, seconded by Councilman Heath, and carried, that the grant deed for Subdivision 135-215 be recorded before the final map is signed. s.M • n U • Co Ca 9/23/63 SCHEDULED MATTERS HEARINGS VARIANCE NO. 433 Aneas Corporation DENIED Page Five LOCATION: Northeast corner of Francisquito and Sunset, Request for reduction in lot sizes, front, side and rear yard setbacks, distances between buildings, ground coverage per lot greater than is allowed in R-3b and reduction in lot, dimensions, approved by Planning Commission Resolution No. 1422. Called up by Council on September 3, 1963. ►I VARIANCE NO, 456 Aneas Corporation DENIED structures in Zone R-2 approved by No. 1445a Called up by Council on AND ZONE CHANGE NO, 259 Aneas Corporation APPROVED LOCATION: Northeast corner of Francisquito and Sunset, Request to permit two story Planning Commission Resolution September 3, 1963. LOCATION: Northeast corner of Francisquito and Sunset between Sunset and Broadmooro Request to reclassify from Zone R-A to Zones R-3b, C-1 or C-2, denied by Planning Commission Resolution No. 1400a Appealed by applicant on May 6, 1963, Held over from May 27, 1963 to July 8tho Hearing closed on July 8, 1963 (no further public testimony) and referre7 to rlanning Commission for action and report to the Council on the Variances, Precise Plan, Unclassified Use Permit, and the Tract. Held over from September 10, 1963 to this date. AND PRECISE PLAN OF DESIGN NO, 366 LOCATION: Northeast corner of Aneas Corporation Francisquito and Sunset APPROVED (Gas Station only) between Sunset and DENIED (Remainder of. plan) Broadmooro Request for approval of condominium development granted by Planning Commission Resolution No. 1443o Appealed by Mra Hollingsworth on August 26, 1963. Held over from September 10, 1963 to this date. Hearing closed September 10, 1963 (no further public testimony). AND UNCLASSIFIED USE PERMIT NO, 78 LOCATION: Northeast corner of Aneas Corporation Francisquito and Sunset APPROVED between Sunset and Broadmooro Request for Service Station in Zone C-1 denied by Planning Commission Resolution No. 1441. Appealed by applicant on August 26, 1963. HearinL! closed on September 10, 1963 and held over for decision to this date-, No further public testimony.) -5- 11 Ca Co 9/23/63 Page Six AND TENTATIVE MAP TRACT NO. 28388 LOCATION-. Northeast corner of Aneas Corporation Francisquito and DENIED Sunset between Sunset and Broadmoor. Area District II (8.22 Acres) 99 lots. Approved by Planning Com- mission on September 11, 1963. City Attorney, Mr. Williams-. is only capable of other items except would be proper to I think the first variances and the testimony on, These things go hand in hand. The variances fit,the precise plan approval with the variances, You have heard all these two variances and the tract map. I think it hear these and then decide on all of them later. thing to do is hear all of them and these two tract map are the only things you have not heard Mayor Barnes; This is the time and place for the public hearing on Variance No. 443, Variance No. 456 and Tract Map No. 28388. IN FAVOR Mr. Francis J. Garvey I represent the Aneas Corporation. Attorney With respect to Variance No. 443, 281 East Workman Avenue this merely is a request for a Covina reduction in lot sizes in front and side yard and rear yard set- backs, distances between buildings, and ground coverage in order to get a garden type apartment, cluster housing. In order to achieve group housing under single rooves we reduce the actual area of the pad and convey by deed and place in common area, you cannot conform to the variance requirements set up for a standard R-1 lot subdivision. This is that the necessary reductions be made to conform to the precise plan which you have already heard. With respect to Variance No. 456, this is a request to permit two story structures in zone R-2. This plan presents .18 lots which are one story structures along Broadmoor. The balance are two story structures. Under the present zoning, two story structures are not permitted in a P.-2 zone without a variance. The tentative map has been approved subject to certain other approvals by the Planning Commission. It represents pictorally the lots that would be conveyed. There are 95 lots; there will be one common lot running through. • Mr. David Scott, Mr. Feldman, and several representatives from Shell Oil Company are here in case you should have any questions with respect to their design. IN OPPOSITION Mr. Chuck Dowding I would like to make a special 1605 South Belmont request regarding the order of my West Covina testimony. I would like to speak on the variances and I would like Dorothy King to speak on the tract map and I will speak on the tract map later. Co C. 9/23/63 ANEAS CORPORATION - Continued Page Seven • I would like to have a showing of hands of the people present here opposing this Aneas Corporation. (So indicated.) (Read the following sections from the Municipal Code - Part 22, Section 9222; Section 9222.1; Section 9222.2.) I would like clarification from the City Attorney of his definition of "vicinity". City Attorney, Mr. Williams- I don't know of any scientific definition. I think it simply refers to the general area surrounding this property. It is lawful to have different uses in a vicinity but it is not lawful to have a different level of uses in the same zone. Mr. Chuck Dowding- Since the Council has not passed on the zoning, all these classifications are germane to the discussion. This variance would destroy the basic character of R 1 single family homes. Considering the variance with respect to restricted R-2 zoning this fails to meet the requirements here. Considering the variance with respect to standard R-2 zoning, the condominium type of ownership here presents special problems. We have very strong feelings against this type of ownership because of the lack of police or positive control. This control is important when you push too many people so close together without any adequate provision for recreation. We maintain this fails all the tests set up by the Municipal Code for a variance here. We feel this will be detrimental to the public welfare. We would like to suggest that a condominium is not a magic enough word to permit breaking all the requirements set up to protect property rights in our zoning ordinances. Relative to the two story zoning ordinance with respect to R-1, it is not compatable with the neighborhood because the neighborhood is all single story. With respect to R-2, we feel it is compatable to this subject to the setbacks to protect the neighborhing R-1 homes. Mrs. Dorothy King In reference to the tentative 1612 South Belmont tract map, we have made very West Covina powerful objections which should be considered by the City Council. The street widths and percentage of ground coverage shown in this tract map would not pass minimum requirements in Orange County. The tract map indicates no recreational facilities compared with the great variety of swimming pools, et cetera, to be found in most condominiums elsewhere. The tract map is not compatable with the surrounding private homes. Others besides the home owners have opposed this development. The Master Plan is against it. Police Chief Sill has voiced objections. The Planning Staff and the Planning Commission turned it down unanimously. The only people for it as far as we • know are the representatives of the Aneas Corporation. The home owners of West Covina do not whsh to live in a congested City. Many of them are willing to drive a great distance to work every day simply because they want their families to enjoy the atmosphere of a well -planned residential community. The home owners of the area are willing to go along with the Master Plan and the opinion of the Planning Staff and the Planning Commission in recommending that this plan be developed in low density residential. -7- Ca C. 9/23/63 ANEAS CORPORATION ® Continued Page Eight Mr. Chuck Dowding- In reference to the tentative tract map, we are faced with the discussion of a tract map incompatable with the present zoning. (Presented pamphlet of Aneas development in Santa Barbara and explained same.) The standards set forth in the Golita tract are commendable; the standards implied in this tract are deplorable. I scaled off the length of the 20mfoot private driveways in this proposed tract. The distance is just over one-half mile. We are also concerned about the City street cleaning service following up on the private trash collection and other major downpours in the area. Will there be any City street cleaning automatically provided for this private area? Mayor Barnes - I don't believe so. This is a private area. Mr. Chuck Dowding- (Read memo from Police Chief Sill re this matter.) At a recent public hearing held in West Covina the City Planning Department pointed out that the population of West Covina in the past year has risen from 53,000 to approximately 63,000, The local principal of the school is concerned over any future crowding that might result. High density dwelling units proposed in this tract will make the problem worse. • REBUTTAL Mr. Francis J. Garvey- We are here to present this case on the merits and we have tried to present it on the merits. When we talk about a variance, the Code does provide for four specific things. When the City Council fai.lr- to provide by general law for the flexibility that is now being employed by builders and developers in the use of land and the zoning cannot be changed fast enough to keep up with it, we sometimes ask that the variance requirements be stretched somewhat in order to meet modern methods. In the same vicinity we already have approved garden types. Condominium is a method of holding title in multiple dwelling. The variances are necessary because there is nothing, with the exception of the Towne House development, which exactly matches this. If a lot size does not measure up to the size in the particular district, you need a variance. Here you definitely need a variance as to lot size because the lot size will only match the basic ground it will convey. When we ask for a variance in lot sizes we have to provide a means of communicating with those lots. Each one of these units will have from three to five structures within them. The minimum size will be 1,050 feet. Some things are desirable; others are necessary. There are apartment buildings in this City which have swimming pools which lose tenants because of the proximity of the • pools to their entrances. If it is reasonable to impose this type of r.ecr.eation area here then it is reasonable to require every other multiple area in the City to have certain specified recreation areas. One is equally as valid as the other. I think on the basis of the precedent established in the Towne House for these variances that we have justified the variances before you and if we have justified the variances then the tract map is merely an exact configuration of the variances so we ask approval of the tract map and we ask approval of the matters you heard last week. C. C. 9/23/63 Page Nine ANEAS CORPORATION - Continued • Mr. David Scott The plan on the board has been 1601 West Redondo Beach Boulevard very carefully and directively Gardena worked out with the staff of the City and I feel it is a personal slam on the City Staff as well as our own qualified firm to say this is an inadequate design, In this development we have retained a pleasing atmosphere of homes. The traffic flow is excellent and there is not one place in this development where a fire truck would have trouble. The Engineering Staff has made requirements which we have complied with regarding the congestion and circulation prblems in this development. Mr. F. Feldman I wish to indicate that the lender 16901 South Western that we are going to use is a Gardena privately financed lender. The lender on this project is very particular and looks over all possible borrowers of his money with great care. If these particular units are not taken care of -- he uses a term -- "The people shall not commit waste" which means they cannot do anything to these houses that will creat anything other than ordinary wear and tear. I submit that the lender and the developers are going to make this a show place and this is being ignored throughout all these considerations. • There being no further public testimony, the hearing was closed. (Mr. Flotten Read Planning Commission Resolution Trios. 1442 and 1445. Mr. Flotten read the recommended Planning Commission conditions on the tract map. Mr. Joseph read the report from the Planning Department, dated September 23, 1963, re this matter.) City Attorney, Mr. G4illiams: I think if the zone change is denied you save yourselves the necessity of acting on anything else. Perhaps you should take the zone change first. Councilman Snyder- Before we discuss this, we have a letter from Councilman Towner on this subject. Could we have this read into the Minutes? (Mr. Flotten read the memo directed to the Honorable City Council from Councilman Frank M. Towner, re Aneas Corporation Development, and dated September 20, 1963. It is as follows:) "I regret that my duties with the California Industrial Accident Commission require me to be in San Francisco today and I will thereby miss this meeting. However, I urge your serious consideration of my statements regarding the precise plan. "1. The precise plan should • provide for a residential use of the entire parcel and exclude the service station and other heavier use. "2. The residential use could be acceptable as multiple dwellings or condominiums but only if streets are adequate, recreation and open spaces provided, the number of dwellings reduced and the character of the develop- ment made compatable with adjacent homes. -9- Ca Co 9/23/63 ANEAS CORPORATION - Continued Page Ten • 113, To grant the uses and precise plan as requested by the developer would confer unjust benefits on him and be seriously detrimental to the people of West Covina." Councilman Snyder- In the plot plan if you averaged out these .lot sizes, that would include each lot's share of the common property, what would be their average square footage? Planning Director, Mr, Joseph- About 3,400 square feet. That includes parking spaces. Councilman Snyder- In looking through here, I can't find the Fire Chief's report on the precise plan -- if he felt the precise plan, including the street widths, was adequate for him to provide fire protection. City Manager, Mr. Aiassa- I have that. City Clerk, Mr. Flotten- (Read said report.) Councilman Heath- I have looked over these Minutes and read and re -read them. Can we have one of the opponents tell me about three or four reasons, • other than the fact that you don't want it, why this is not a good development here? Mr. Chuck Dowding- The people who made our Master Plan recommended that this particular peice of property remain low density dwellings Secondly, we are very proud of the area; the property values are from $18,000 to $25,000 and the maintenance on these properties is outstanding. Councilman Heath - I am referring now to the R-2, not the service station, Mr, Chuck Dowding- I would like Mr. Joseph to comment on R-1 developments adjacent to major and secondary highways. This property is surrounded on three sides by prime residential property and you are proposing a high density use in this area which has been set aside in the Master Plan for low density development for very good planning reasons, Mr, Tremble There are 96 families who will be 1610 Broadmoor Avenue living in this area and we all West Covina moved into this area because it is not overcrowded, Councilman Heath- There was a statement made by • one of the gentlemen that he had contacted reputable builders and they felt they could develop this as Rml any day of the week. I would like to ask that gentlemen if he knows the value that was put on this land at the time these studies were made, Mr, Bob Hollingsworth The appraised value for tax reasons 1222 Randall Way was $22,500 for this parcel of West Covina property, In some part of 1958 Aneas Corporation paid in the SUM Co C. 9/23/63 ANEAS CORPORATION - Continued Page Eleven •neighborhood of $82,000 for this property and possibly with other than R-1 zoning it may be valued at a greater amount than what it would be if it was zoned R-l. Mayor Barnes - the property or what they are going we are to consider is whether or not planning for the City, I don't think we should be con- cerned with what Aneas paid for to sell it for. The only thing it is good zoning and precise Councilman Heath! The man made a statement and for me to better understand, I needed more information. This same statement was made to me outside of a meeting and the statement was emphatic that this could be developed R-1 and the basis was that because it could be developed R-1 there should be no other use for it. They used an evaluation of $8,000 an acre at which this property sold for five years ago. I contacted the man who sold this five years ago, Mr. Bob Stone. He said he sold the land in 1958 and said it could not possibly be developed in R-1 at this time. Councilman Jett- These 20-foot streets concern me from a fire protection angle. These are going to be closely built units and they are going to be two story. In the event of a fire in one of these two story buildings, trying to get the fire truck in and down those alleys, I am afraid this is a pretty sharp curve. Personally, I think the alley should be a little bit wider. These alleys are our only means of ingress and egress into this development because these units face onto a court. Regardless of what anybody else says, people are going to park in those alleys. Councilman Snyder- I certainly think that the opponents of this plan have reasonable fears and reasonable objections and this is attested to by the fact that they are turning out here in such great number. I think they have been promised protection in buying their homes by the General Plan which was passed by a majority of the Council. I think the growth pattern in [,lest Covina and the unofficial or unwritten motto "City of Beautiful Homes" hasn't been refuted and they have reasonable requests in seeing that anything developed here is in keeping with the City of Homes. I think the growth pattern in this area dictated R-1 and the General Plan agrees with this. Now these people are faced with a closely packed minimum standard type of develop- ment and it is no wonder they are objecting. I don't think that the cost of the land is germane to this argument. It is not the Council's fault what these people paid for this land; it is not our fault that they were misguided to pay too much if that is what they did. It is not •our duty to bail them out. I think the real question here is this City is going to be faced with requests for multiple family zoning on all the remaining empty property in this City. Until such time as we get ordinances where we can demand a quality of multiple zoning which is in keeping with the quality of our R-1, I think we should not grant that zoning until we feel that we have the convictions and the will to demand the type of multiple zoning that is commensurate with the R-1 in the City and I don't feel that this particular precise plan presented here is commensurate with the. R-1 in the area. I think it will downgrade the area. -11- C. Ca 9/23/63 ANEAS CORPORATION - Continued Councilman Snyder - Continued: Page Twelve • It seems to me there are some unanswered questions regarding the zoning on this property; the matter of a park site was brought up. The General Plans points out we are in dire need of a park site in this area. The Parks and Recreation Com- mission give us support that they feel this would be a good park site. It is admitted that at the present time the Council does not have any money for a park site but we know that money is not necessarily im- possible to find if there is a definite need. It is a fact of life that we have to acquire these open spaces as park sites before they are used up or we will never get park sites. It has been stated that possibly there are other places that this park site could be put but nobody, including myself or anyone on the Council or the Staff has been able to come up with a recommendation for an alternate park site as compared to this one. Then I think there is a question of how do you reconcile the fact that this is R-2 with a 9400 square foot density surrounding this and this was given R-2, I understand, because this was the most in keeping with R-1 and felt to be the least intrusive, less objectionable to those people surrounding but then we are putting in 3400 square foot lot sizes. This does not seem to me too logical. Also, it has been shown and there is a staff study on this that this could be developed R-1. It is certainly surrounded on three sides by R-1. I think the people have reasonable objections and again, I think that this multiple family here as well as the gas station, are definitely intrusions into an R-1 neighborhood. I think the densities • asked for by this developer are certainly alien to this neighborhood and will burden the street pattern that has been designed for this neighborhood. It is not in accordance with the Master Plan. However, if the Council does see fit to grant the zoning, I want to make comments on the precise plan and I agree with Mr. Jett in that I don't feel the 20-.foot alleys are adequate. You are not going to be able to control the parking. People are going to park there. This is going to hamper circulation. It will hamper fire protection. The circulation pattern is poor and the 20-foot streets make it even poorer. I am against this precise plan on that basis. I feel that the density is too great when you consider the fact that they were being given R-2 to make this most like R-1 and then we increase the density by this much and we are sort of defeating our purpose of giving them the R-2. We might as well have given them R-3 in the first place. I do feel that the developer could have shown some faith to the City and show that he did intend to build a good development by supplying a recreation area of some kind, not necessarily a swimming pool. I want to answer letters received and articles in the paper. It seems to the opponents that your pleas fall on deaf ears and no matter what you say the Council •will vote how they please. I don't feel this is true. I do feel that this Council, whether we agree with you or not, has studied this over many weeks and they are voting their conscience and I don't think any Councilman should ever have to v mote or consider an issue under a threat of recall. It is your legal right but I don't think it is right to threaten. I think you prejudice your case when you threaten to recall a Councilman when he doesn't vote the way you want him to. I think where you failed in this is in voting. You do have a right of referendum if you think the Council has been misguided or mis- judged a case but as far as I am concerned, I agree with Mayor Barnes that this will be considered on its merits in our best judgment. -12- C, Ca 9/23/63 Page Thirteen ANEAS CORPORATION - Continued Councilman Heath: I think this precise plan has numerous shortcomings. I have all the respect in the world for Chief Sill and his ability but when he starts to debate the issue of the number of parking spaces with our Planning Director, I think he is a little bit out of line. There was a statement supposedly made by Mr. Joseph and I doubt that he said this, where the population of this City has grown from 53,000 to 63,000 in one year. Mr. Joseph knows our City better than that and I question sincerely if he ever made that statement, As far as apartment houses are concerned, R-2 or R-3, there have been studies made, As far as this comment made by Mr. Dowding that the people north of the freeway are watching and people east of the City are watching, it is still the same old threat in a different dress and I think for anyone to threaten Council is very poor judgment, if not poor etiquette. In five and a half years on this Council, I have never seen the likes of threat and intimidation and poor etiquette and what have you that this Council hs been subjected to, There are certain procedures that you have recourse to in accordance with law and to use the distasteful action of threat, I think is absolutely low and I will say it again, distasteful, I will vole my conscience on any issue that comes before here whether there are threats or not. I have in the past and I will continue to do so, and I will vote for what I think is right for the • community, As far as this particular piece of property is concerned, I have no connection with this piece of property; I don't know who owns it; the only representatives of this property that I know of is Mr, Feldman, Mr, Scott and Mr, Garvey, I feel I would be doing an injustice to this City to vote for this to be developed as R-1 because in my own mind I don't think it could end up with anything but dingbats where all the money would go into the property and not into the houses. I feel I would be doing an injustice and I know these people won't agree with me at this time because their minds are set, but I feel it would be doing an injustice to try to hold this to R-1, As far as the precise plan, I am not in agreement with it, I think changes have to be made, Councilman Jett: I hope -this Council never gets in the position where they will allow themselves to make their decision based upon fear of what their constituents might do in the way of a recall, This Council has to make a decision based upon information given to it. They are charged with the responsibility of building a City that everyone can be proud of. I recognize we have to have apartments, whether or not you like them, Sunset Boulevard is a major street, It is a street designed on the Master Plan of Highways and has been for years as a major • highway, Francisquito is a secondary boulevard. These are areas, I think, that should carry your higher usages, this is where they should be located. A corner that is going to carry this kind of traffic is the corner where the car servicing business should be located; As far as detracting from the value or devaluating the property surrounding this project, I do not believe that this would cause the value to go down on any of these residences. I think there are areas in the precise plan that, in my opinion, could certainly be improved and I am sure the developer can come up with something a little bit more compatable and more acceptable. I don't think I would be in -13- Co C, 9/23/63 ANEAS CORPORATION - Continued Page Fourteen • a position to vote on this precise plan tonight because there are things I am not satisfied with. As far as the zoning is concerned, I think we may have made the right decision as far as the zoning is concerned on this property, Mayor Barnes; I have received many letters opposing this project. Regarding the zoning and the precise plan, I made a statement at the last meeting about the Aneas Corporation development in Santa Barbara. I felt it was a good development. I know these men can do very good development, I think these gentlemen have tried to do a good job in Santa Barbara in developing something nice for the people because it not only has a golf course, it has a beautiful recreation center with a s, iing pool, shuffle board, et cetera. I think this is important to this type of development. Also, they have put all of their two story buildings around the golf course and around the fringes where it would not bother anyone else, As far as the zoning is concerned, I feel this property can be developed as .R-2 if it is done correctly. As far as the unclassified use permit is concerned, I feel we have much to consider here in that we are getting a much higher class . station. Also, we have to consider the fact that we have a station directly across the street from it. Further, this station is not •close to any of these homes. I think if it is developed right, the zoning .is good,, The precise plan I disagree with. I know these gentlemen can do much better, Councilman Snyder: We are pretty well in accord that the precise plan is bad. That should point out to the Council how difficult it is going to be that until our multiple zoning ordinances are revamped and rewritten, it is going to be difficult to get quality development nn multiple zoned areas and therefore, I again say that the whole philosophy here goes much further than this zoning case itself. I think we have to rewrite our ordinances so we can get quality mule ple family type developments and therefore we should not rezone any more multiple family until we are in that position, Councilman Nett. A few years back there were park sites in this area submitted to this Council. This Council turned those park sites down because they said if they built those parks down in that area that the people living out in the County area and in La Puente would get the benefits of the park; that the citizens of 54est Covina were providing and maintaining them and as a result these areas were turned down, Councilman Heath: I think you can go further and realize that there have been three bond issues before the people of the City to buy parks and improve •parks and on three occasions they have been knocked down, one of them as little as two years ago, Councilman Snyder.. The fact remains that there is a need for a park site in this area. It behooves us to save what open space we have, -14- Ca C. 9/23/63 Page Fifteen ANFAS CORPORATION - Continued • Councilman Jett: I don't think it is the responsi- bility of the Council to try -to save the vacant areas of the City for park sites. If we needed a park site and had the money to buy it, that's another thing. If we attempted to hold this property for a park site we are in effect taking this property under condemnation, City Attorney, Mr. Williams: You can't withhold the proper zone in order to defeat the value and take it eventually for a City purpose. Councilman Jett: One of the leaders of this movement in this fight spent several hours in my home discussing this very problem. I asked this gentleman if lie would be willing to serve on our Planning Commission. Someone has -to sit on the Planning Commission and the Council to make these decisions. This gentleman said he didn't have the time and couldn't serve. However, I said, "Is there anybody else that you could recommend?" We were looking for people for the Planning Com- mission and we needed them. I merely point this out to show you that out of 60,000 people, who is going to make these decisions? Motion by Councilman Beath, seconded by Councilman Jett, that Zone Change No. 259 be approved for the northeast corner of Fr.ancisquito • and Sunset between Sunset and Broadmoor; that it be rezoned to R-2 for the portion shown as R-2 on the tract map; that C-1 be granted on the cviiier; and that the parcel shown as professional use be zoned R-P. Motion passed on roll call as follows: Ayes. Councilmen Jett, Heath, Mayor Barnes Noes: Councilman Snyder Absent: Councilman Towner Mr. Francis J. Garvey: Since the Council's feelings are so clear that this is not a good precise plan, if you would re -refer it to the Planning Commission for further study we will present an amended plan. Mayor Barnes: I feel it should be denied and a new precise plan submitted and new Bearings before the Planning Commission. City Attorney, Hr. Williams: I think so, too. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Unclassified Use Permit No. 78 be approved. (Councilman Snyder voted "Ho".) • Motion by Councilman Heath, seconded by Councilman Jett, and carried, that only that section of Precise Plan of Design Noo 366 relating to the gas station be approved subject to the recommendations of the Planning Commission, and that all the rest of the precise plan be denied. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Variance No. 443, Variance No. 456 and Tract Map No. 28388 be denied. -15- C, C, 9/23/63 Page Sixteen HEARINGS - Continued • ZONE CHANG-17 NO, 266 LOCATION: San Bernardino Freeway Arthur James between Holt Avenue and HELD OVER 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, Held over to September 23, 1963, at Council's request and with applicant's approval, Mayor Barnes: This is the time and place .for the public hearing on Zone Change No. 266, IN FAVOR Mr, Francis Jo Garvey I am representing the applicant, 281 East Workman Avenue The first part of our case will Covina be handled by Mr, James, Hr, Arthur L. James (Presented folders to the Council 186 North Canon Drive and explained contents therein.) Beverly Hills On a 12-unit basis under R-2, the cost per apartment unit will run $65300 approximately per apartment. It is equal to that in Beverly Hills, but not in West Covina or surrounding areas. On the • basis of R-4, the land cost and off -site improvements is $2,400. There is an additional cost of $50,000 alone for water rights. That is for the use of the water by the district. According to the Architectural Forum, there are less children in apartments per capita or per area than in homes, In essence, it would lower the revenue cost of schools. This property abuts the Covina Ranch, It is undeveloped and we do riot know what is going on there. We are requesting R-4 under a density of 400 of the coverage. If you are going to have high grade apartments, this is the area. to have them. According to the Security First National Analysis Department, West Covina calls for a high grade of apartments due to the fact that they are 8th in income bracket and it. does call for it in the area I am proposing, West Covina has no real high grade apartments, West Covina has 71% white collar and professional ;workers and we have no high grade apartments for these people. (Presented aerial photograph and explained same,) The Planning Department and the Planning Commission concur that this property cannot go R-1; that it should go to multiple housing. No one can build apartments and have land costs and off -site improvements of $6,400 a unit which does not include a $509000 charge just to allow us to have water, • Mr. Samuel Wacht (Presented rendering and explained 1850 Westwood Boulevard same.) A parcel like this would Los Angeles very readily lend itself to a project wherein some sensitive design could be employed and with your recreational areas and proper contouring of the land, I think it would be an asset to the community, Mr. Francis Jo Garvey: This is an application for R-4 zoning, The Planning Commission was inclined to include R-2 as being our target. We cannot talk about the R-4 and the General Plan because obviously R-4 was but a gleam in -16- C, Co 9/23/63 Page Seventeen ZONE CHANGE NO, 266 m Continued Mr. Garvey Continued: the planners eye at that time. Even though economics are not a basic reason for changing a zone, nevertheless, they have a certain effect on what is possible, At this stage of the game we get into economics no matter what you talk about, Can this be used for single family? Yes, I think it probably could, [kJould it be economically feasible to do so? I don't believe it would because you have two significant factors which infringe upon this particular piece of property and that is on one side you have the influence of the freeway, Secondly, we do have the Covina Valley Ranch and the possibility that we will some day have an acropolis adjacent to a cemetery, The influence of cemeteries upon single family residences seem to be somewhat adverse. Under your Rm4 situation, you have not the density factor which we have been talking about in the existing ordinances but you are going to a concept of percentage of land coverage which means you can go up in terms of your land coverage, disregard your density factor and by going up perhaps provide a more attractive setting for those persons who would occupy on a multiple basis. We also have the very high quality residential in the highlaiids overlooking this and obviously a development such as this should be controlled by precise plan so as not to have a deleterious effect on that existing residential. Also, this is at the eastern City limits and city limits make a good place from which to start a new type of zone, • Insofar as any piece of land meeting the criteria set forth in the General Plan, this piece of property falls into those various criteria. There are disadvantages. There are disadvantages in the topography itself but this can be overcome and it is no more difficult to place apartments on ridges or rolling land and take advantage of the rolling contours than it is to place single famil,v residences there. If it is correct that it would cost $50,000 to bring water into this area, it is a valid economic argument that considering the number of R-1 homes in there and if the same price tag applied to Rml, it would be a little difficult, However, I don't think the price would be the same, In conclusion, the Rm3 pattern in this area is not necessarily incomputable inasmuch as on the other side of the freeway on Grand we have the Riviera Cooperative apartments going in and the existing apartments on the west side of Grand north of the freeway, We request that you re -consider the decision of the Planning Commission and that you find that this merits a zoning higher than the single family residential and that it falls into the multiple class and we submit that in terms of the contours of the property it is adjacent to the freeway and the other adjacent factors, that the new R-4 would be most appropriate because of its relationship of land usage in terms of coverage rather than population densities, • Mr, Arthur L. James: Due to topography of this particular site, this is a rather difficult site but a very enjoyable site due to the architectural work that can be done here, In order to build on 400 of the land, in most cases you have to go to three stories. In order to go three stories, no lender will allow you to put an apartment house of three stories without an elevator, By putting an elevator in your cost goes up and when your cost goes up, you build a better building or you don't rent them, Glendora will not rent high grade apartments from $150 to -17- Co C. 9/23/63 Page Eighteen ZONE CHANGE NO. 266 - Continued $300. There is only one particular area and that is in the highland area that you can, if you wish, rent apartments for that amount. This is according to the Security First National Research, according to the L. A. Times and according to Economics Research downtown. This is what you need in West Covina and this is the particular area it should go in if it does go in. IN OPPOSITION Mr. David Parker I am the closest parcel to the 19967 Lorencita Drive development. (Read article from Los Angeles County the Daily Tribune, September 9, 1963 edition re quotation of Mr. Joseph re multiple dwellings.) The school was programmed for that location long before the high density apartment zoning application was under consideration which means that the school was needed for the exisiing zoning and existing homes and now when you put in high density apartments you had better start looking for another school site because you will need it. It doesn't make sense to go into your best residential zone and then come right along next to it and go into a R-3. R-4 or even a R-2 zone. You don't have any compatable zoning. My barn and horses are along these apartments. Most of us purchased out in this area because it was as it exists. Once you open up this area, it will break the whole section up. There isn't an apartment •setup near here; this is all residential and in my opinion, it is the best residential area in the County. They say along the freeway you can't have R-1 because it is too noisy but you can have your best apartments in the City there. I don't follow the reasoning. It doesn't seem compatable.. As you open this area up and part of this zone runs into Lorencita, what is to stop the property owners on Lorencita for requesting a zoning also? The same is going to apply to the property of Forest Lawn. If mr. Yount subdivides 500 acres adjacent to Lorencita, and if we set a pattern of high density, we are going to have quite a high density problem in that area. I think all of this has to be considered. This is opening up a whole area to zoning and changing a whole historical pattern. Mr. Yount said he will use Lorencita for his development and if we put apartments on there, Lorencita cant carry that amount of traffic. I think the reasonableness of the land use application depends to a great deal on the surrounding area. I think that the Planning Commission was trying to take this into consideration. They discussed the new R.-2 type of zoning. I don't think that is necessarily compatable but it might be a solution. They turned this application down on the basis of Rml The Valencia Heights Water Company came in and said they wouldn't be able to supply water to this area. I don't know whether or not thathas been rectified. I am at a loss to determine why the best area, the Covina Highlands, has to be the only area for a high density, high rise apartment unit. The best land use is the current land use and it should be continued and developed along that line. Mr. Ted Walsh I am speaking not only as a 3909 Lorencita Drive resident in proximity of this West Covina zone change application but also in my connection with the City during the last 12 years. I know quite a bit about land and land use and this is possibly the boldest and most daring zoning appli- cation I have ever witnessed. They are asking for the highest density you can possibly get in the best residential area in the whole East San Gabriel Valley. I agree with Mr. Parker that this will completely change the complexion of this whole area if we start zoning this in Co Ca 9/23/63 Page Nineteen ZONE CHANGE NO, 266 - Continued Mr. Walsh - Continued; • the high density used Inside of a few years you will have applications going westerly clear down to Barranca Street and it will be hardly .fair to deny those people the same rights if you grant this application in zone change, This land will possibly have to be zoned for something other than what it is because it can't be used for single family dwellings and I don't see how the applicant can feel that 40 families per acre can live there any better than one family can, It is a very noisy hill, If you get within 200 feet of that freeway in the evening, it is a very undesirable place for 300 apartments, If you are going to get 40 units per acre in here you are going to get a cheap development because I don't think anybody would attempt to try to put high class rentals in this particular spot, Mr. Parker touched upon the water situation, We are a mutual water company and this presents a problem, This is the best window to West Covina that you have. This is a beautiful approach to West Covina, I don't feel we should start putting apartment houses right on this window of your City. There is still. plenty of land available in the City of West Covina and in the adjacent areas that can be used for multiple dwellings. I think this takes more study and report for this area. I don't think we should act too hurriedly on granting this zone change on the highest density on the books today, Dr, Clampett I have lived here for 15 years, 310 Monte Verde I feel this is probably our nicest residential area and I don't like to see apartments backing up against my land. I have about 700 feet going up against that land in the back. I don't see how they could possibly put apartments here unless they sound- proof these buildings, Mr, Charles Newdigate:: I am representing the Covina Unified School District, I am not a proponent or an opponent, Mr. James pointed out that you do not get children from apartments. Iie quoted, I think, from the Architectural Forum, We recently ran a survey and in the area from Azusa Avenue to Grand Avenue and from the San Bernardino Freeway to San Bernardino Road and this is a tangible figure that we got from the apartment owners and managers in that area alone. There are now from the multiple dwelling units from that area ,45 children coming from each apartments. With the existing zoning in that area as a potential of 8600 and some children in that immediate area. We recently acquired a site on the Forest Lawn property, The acquisition of this site was in the normal pursuit of our site acquisition program which we must justify to the State Department of Education, the State Department of Finance by stacks of justification documents, We also have a site under acquisition in Lots 9 and 10 of the area, We also have two other sites under acquisition in this immediate vicinity. The acquisition of these sites is predicated upon our allowable projection •and based on the undeveloped area in the vicinity and not based on any multiple dwelling. From the development such as Mr. James proposes here, if they go R-4, this would be approximately 765 dwelling units. It is conceivable we would get enough children from these units to more than fill one school. I think these are things you gentlemen should consider in this zone change. After the children are there and the schools are built to house these children, the question of the assessed valuation of the multiple dwelling as opposed to single -19- • Ca C, 9/23/63 ZONE CHANGE NO, 266 - Continued Mr. Newdigate - Continued: Page Twenty family dwelling units, the density we get from the multiple and from single family, and the tax base that will,come from such a development as far as the operation of our schools are concerned, once the schools are built we still have the running cost and this comes from our local tax base, REBUTTAL Mr. Arthur L. James, When we first checked economically for a feasibility study for Towne House Apartments we did not have to check a vacancy factor because there were no town house type apartments. "le don't have to check a vacancy factor with a high grade apartment because you don't have any. In reference to Mr. Parker's statement about landuse, we have an area called Brentwood. They have apartments abutting homes of fi1..�0A000 to a quarter of a million dollars. These people aren't complaining or arguing. The land hasn't depreciated at all. Along the Sepulveda Freeway there are high grade apartments within 150 feet of the freeway and that is a heavily travelled vehiculared freeway and they have high grade apartments and they are getting high grade rents. Mr. Samuel Wachto [without having any zoning9 I c.� can't conceive of any developer spending a great deal of money in designing plans for a project that may not materialize. Regarding the concern about a vacancy factor, it is my opinion that the developer and perhaps the lender should be as concerned, if not more so, than anyone else. The remark about casting a burden on the existing facilities, if 700 people were to occupy this project I would presume they would be tax payers and perhaps with this additional revenue we could acquire a park and perhaps another school site. They would be paying their share. Mr. Walsh made a comment about the noisy hill and he seemed to be concerned for the tenants of this prospective development and I can't visualize how people in six figure homes don't hear the noise and people in our apartments would. If they have been managing to live with this noisy hill all these years, I think a few apartment house tenants would manage and in addition to that, we are discounting the other possibility where a single family home owner possibly would not be in a position to spend a great deal of money for some type of sound baffle. My guess is that a developer on a project of this magnitude might alleviate the problem for the tenants. I think we will design apartments and a good recreational project with attractive buildings and it would be the best window to best Covina and I don't think it is fair for anyone to presume that we are going to have dingbats or anything else. There being no further public testimony, the hearing was closed. City Clerk, Tor. Flotten: (Read Planning Commission Re- solution No. 1444.) Mayor Barnes: We have received a report from the Planning Department re this matter. I would also like to take a trip to the site and see what problems might occur here. Councilman Snyder: I think if we do rezone this we are making a definite change and it will effect the surrounding area. I think it behooves us to study this long and hard. I would like to read and consider this report of -20- • • C. Co 9/23/63 ZONE CHANGE NO. 266. Continued Councilman Snyder - Continued: Page Twenty -One Mr. Joseph. I have looked at the area, I would like to look at it again, I am not ready to make a decision tonight, Councilman Jett: Mr. Newdigate; based on .45 children per unit, this would be something over 18,000 units. Mr. Charles Newdigate: This is taking into consideration all the single family dwelling units in that area now and the multiple, Councilman Jett. What is the cost per student? Mr. Charles Newdigate: I believe it runs around $400 and that is per student per year. Councilman Snyder: There was a study made in Stanford, Connecticut, which showed that apartments produce a cost revenue of $33.40 annually for each unit surveyed. Are you familiar with this study? Mr. Charles Newdigate: No. Councilman Snyder: What they are saying is apartment units pay their way but homes do not as far as school tax. Mr. Charles Newdigate: I am not sure of the assessed valuations that would be received from apartment dwellings as opposed to the assessed valuation that would be received from single family dwellings. This is taking into consideration the density that we would get from multiple family dwellings as opposed to the single family dwellings in any one given area for -acreage. Councilman Heath: Parcel 9 and 10 is around a 15-acre site and the K-6 on the Covina Ranch is approximately 10 acres and you say there are two other sites contemplated in the area. To the north, south, .west and east of this there is pretty well established 40,000 square foot lots or one acre lots which means that maybe 2.5 children per family. If each school has 300 students, in those four schools possibly taking 11200 students into consideration, I doubt if there is that many children within travelling distance of these schools. Is there something in this area about high density development that we don't know about? Mr. Charles Newdigate: If you don't know about it I'm sure we don't. South of the San Bernardino Freeway there is approximately a little over one thousand acres of undeveloped land in that area now. This is within our district. All of our site acquisitions are based on the projection figures that the State Department of Education allows us to project on. Using these figures we are acquiring these sites right now based on that premise. The elementary schools in that area now have been very badly over- loaded for the last two years and Barranca School has been overloaded nearly three years. Councilman Heath: I can't fathom in my own mind four schools within a radius of a half mile in the middle of a low density area unless there is some WISE Ca Co 9/23/63 ZONE CHANGE NO. 266 - Continued Page Twenty -Two •high density figured in there. If there was any high density figured, this is what I was trying to find out, Mr, Charles Newdigate. The State allows us to project five years on our acquisition program, It takes us a year at least to buy a site and almost another year to get a school on that site. If we waited until such time that the kids were standing across the street before we went to buy the property, we would be on double session. We are anticipating in this particular area at least a reasonable breakdown of the existing zoning in there. Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that Zone Change No, 266 be held over to the next regularly scheduled meeting to give the Council time to study their decision. UNCLASSIFIED USE PERMIT N0, 79 LOCATION. Southwest corner of Harker Development Corp, Glendora and Cameron, "HELD OVER and Request for approval of a gasoline PRECISE PLAN NO, 346 (Rev, 1) service station in Zone C-1 and Harker Development Corp, for the approval of a precise plan • HELD OVER for gasoline service station, denied by Planning Commission Resolutions No, 1451 and 1452. Appealed by applicant on September 6, 1963, Councilman Heath- On this case there has been many hours of cussing and discussing and I don°t know that anybody ]mows where we stand, In fact, I don't think the City Attorney knows where we stand. About a week ago, I sat down with Mr, Williams and we both agreed that it is a problem, Mr. Williams came up with a good solution to trying to solve this because if we don't this is going to be something we will never be able to control, Mr, Williams, would you explain this problem? City Attorney, Mr, Williams- This is an instance where you will remember that C-1 zoning was approved to be effective when Precise Plan No, 346 was effective and the purpose being to compel the applicants to live up to that which they promised in a somewhat rash moment, to get zoning, that this would all be developed as one single development. The precise plan likewise contains a statement that it will only be effective when all of the owners of all of the property within the area have signed their acceptance of and approval of the precise plan which was approved and the precise plan expressly stated that all of the parking shown on the precise plan would be used in common for the benefit of all, I believe there were nine separate ownerships involved. It was also, I • believe, a strong part of the Council's thinking in doing this that they wanted to get the street work before any of the improvements went in, You didn't want to get just a dedication of a section of the street and the rest of it never dedicated or improved, In any event, a single precise plan was approved subject to these conditions. Substantially, the same day we received here at the City Hall two things. One of them was a statement purportedly signed by all of the owners within this precise plan that they would abide by the precise plan and accepted it and the other was an application for a service station precise plan which is diametrically opposed to and inconsistent to the thing they just signed and said they would adhere to. If they adhered to the -22- CO Co 9/23/63 HARKER DEVELOPMENT - Continued Page Twenty -Three • original precise plan, the owners of the other parcels have an interest in this parcel, I think, myself, the thing that has been created here is absolutely impossible. It just isn't going to be developed. This is 219 only on a greater scale. You can't have one precise plan and nine owners, Short of them selling to one owner, they can't even develop their own property under one precise plan, I don't think they can, I think it is just a case that this property is in an intolerable situation and that something has to be done and if the purpose is to zone it C-1 then zone it C-1. If you wish to put a condition that all of the street be dedicated and improved or its improvement guaranteed by a bond, I think this may be possible of attainment, because I think in order to obtain the zoning that each of the nine owners may do this but to go beyond that and expect that one precise plan is going to be developed by nine separate people at one t.i..me and .for a unified purpose to my way of thinking is absolutely out of the question, I think you are either going to have to forget about rezoning it or go ahead and rezone it, get your street improvements and loop; at precise plans as they come in, Mayor Barnes: As I recall, the reason this was done was to get the street improvements and that this should be developed properly, that the building i-aould be one continuous building and have adequate parking and everyone would participate, Is there anV way that iae can develop Isindividually this same precise plan but each property owner has a separate part to develop but conform to the precise plan? Can we do this? City Attorney, Mr, Williams: I don't think you can, If these people had all gotten together immediately and joined in a present unified development, this might have worked, I suppose they made some effort to do this but obviously it failed, You can't compel the development of this precise plan. Even if a person signs the acceptances that doesn't say that they are going to build this precise plan. If we record the statement of acceptance it might be a deterrent. Sooner or later it is going to force them all to come in and ask you to undo the thing we are trying to do, We want a title record showing who the present owner is on each of these nine parcels. We want a statement signed by that person and notarized and we will then record it and put an encumbrance against each of these parcels. If we do, I think we are going to kill them, Councilman Heath: I think a lot of people have gone along on the assumption and the indication that they felt they had commercial zoning. We were trying to guarantee we were going to get street improvements, Let us get a notarized statement from each property owner stating that he will dedicate and put in the improvements at the time of development and as soon as we get this from all the property owners then we can go • back to the ordinance and change the ordinance to strike out that part "subject to a precise plan" and this is the only way, the quickest way and the surest way of getting a mess straightened out, Mayor Barnes: Would you be willing to hold this over? Mr, C. LaFaive I appreciate the problem and we 10600 Katella Avenue are agreeable to holding it over. Anaheim We are buying the property from -23- C. Co 9/23/63 Page Twenty -Four HARKER DEVELOPMENT - Continued +�- two of the property owners involved in the original precise plan, We have a very definite time problem with regard to our escrow. We only ask this be handled as quickly as possible. Mr, Ray Kilz 546 South Glendora Avenue West Covina Mr, Van Horn 1234 West Cameron West Covina Councilman Jett - It would be satisfactory to hold it over, It would be fine with me. One of the main things is that we get this street developed in here. Councilman Heath- Move that Unclassified Use Permit No, 79 and Precise Plan of Design No, 346, Revision 1, be held over for four weeks. City Attorney, Mro Williams: If you declare that it is the sense of the Council and they can rely on it that you will make this zoning firm provided we get the dedications, I haven't any idea about what we need in the way of guarantees of improvement, I presume the Engineering Department would handle this as it generally does. When we get a deed or whatever security would be normally required to guarantee its improvement as and when it develops, I think all we need then is such a conveyance by these present owners and we had better have, I think, inasmuch as we have a statement that they all agree to this precise plan, a statement that we may disregard this precise plan signed by them, Councilman Snyder- I think you made a mistake in including this man in because obviously he is across Cameron and can't enter into a joint parking agreement, Councilman Heath: Action on .Councilman Heath's motion- carried. I'll amend my motion that these matters be held over for two weeks instead of four. Seconded by Councilman Jett, and Councilman Heath: If the majority of the Council wants this to be C-1, we are going to have to have the City Attorney amend the present ordinance to strike out the words "subject to , , ," and we are going to have to have a reading, a second reading and a 30-day run before it becomes effective, To speed this up, and we still have control at the second reading, I move that the City Attorney be instructed to revise this ordinance, to strike out the words "subject to the effectiveness of a precise plan" and have it ready for us for our first reading at our next meeting and we will hold the second reading until we get the signatures from these people who are interested, Councilman Jett: Councilman Snyder:. Second the motion, The conditions are on the precise plan, -24- Ca Ca 9/23/63 Page Twenty -Six HARKER DEVELOPMENT - Continued Mr. Williams - Continued; • the whole precise plan and if you want the C-1, it isn't any different from any other C-1. I think the whole mistake is the concept that it is any different .from any other C-1 anywhere else in the City, I don't think you have the power to force these nine people into a joint development and that is what the purport of this precise plan is. You are confronted with the issue right now. Have you made them joint or are you going to let one out? If you let one out, what are you going to do with the others? You have already destroyed their right to the parking on this property. I think we should get the street dedications and guarantee7- of some sort that they will be improved, I think in addition to that and while you are getting them to sign the street dedications, you need a statement from each of the present owners of these nine parcels of property that they agree to the abandonment of this precise plan. If it is abandoned you don't have to disapprove it because each one of there if they all agree that it may be abandoned can then get another one, The thing that concerns me is the City having made them all merge their properties now we take an action -that unmerges them, If it isn't against one of the nine consent, I am concerned with it. I think all nine of them have to agree. to scrap this precise plan, Mr, Ray Kilz. I own the corner property, 40 Everybody along Glendora Avenue, I feel, would dedicate the improvements but I knocq two or three property owners on Service who have no intention now of doing anything, In other words, no matter what we did, we would still be stymied because one individual because of the street improvements can hold everything up, City Attorney, Mr, Williams: We were only going; to have them dedicate that his part of the street would be improved when he develops, They would each sign that they waive anything that this precise plan gives them in anybody elses property. I suggest all of you agree to abandon this precise plan. I think you have created something you can't live with but I am not going to prepare your papers for you. I think you have to have a request from all of the people who signed for this change. Action on Councilman Heath's motion to hold over, seconded by Councilman Jett. Motion carried Motion by Councilman Heath, seconded by Councilman Jett, and carried, that it is the intent of the Council to abandon this Precise Plan No, 346 and pass this ordinance which the Council has asked be drawn when these things occur. When the property needed for the streets is dedicated and security given that the streets will be improved when the property adjacent has been developed; and when all of the present owners of the property in this precise plan agree to a • statement that Precise Plan No, 346 is cancelled, -26- C, Ca 9/23/63 Page Twenty -Seven HEARINGS - Continued • VARIANCE NO, 455 LOCATION: 1018 West Garvey Avenue Reliable Savings 6 Loan Assoc, between California and APPROVED Garvey Request for approval of one non -conforming sign on front of store building in Zone C-2 (subject to conditions) approved by Planning Commission Resolution No, 1450, Called up by Council on September 3, 1963, • • City Clerk, Mr, Flotten: (Read Planning Commission Resolu- tion No, 1450 re this matter,) Mayor Barnes: This is the time and place for the public hearing, IN FAVOR Mr, Orville J. Bizzard I am the managing officer of 741 Donna Beth Avenue Reliable Savings, The request West Covina made for a sign was brought on by the fact that we found that once customers were in the shopping center, due to the smallness of our frontage they found it difficult to find us. There are two other financial institutions located in the West Covina Plaza and they have signs both above the building and on the front of the building. The fact that we have only a 20-foot frontage in the shopping center is because there was absolutely no other space available in the shopping center at the time the Association was getting prepared to open, If there had been 40 or 60 feet available the Association would have been most happy to pay the additional rent to have this additional area, Due to the fact we have this small front footage which is the basis upon which the size of the sign you are allowed is based, we are being discriminated against as a financial institution in our attempt to give equal opportunity to the public to find us in the West Covina Plaza, We are asking equal opportunity regardless of the front footage of our office space, to let the public know where we are and avail themselves of our financial services, Mr, Richard Cauderman 1243 Bell Green La Puente to other signs in the same group of this type is an advertising sign but am prepared to answer any questions ?Mayor Barnes: Planning Director, Mr, Joseph: I represent the sign manufacturer, (Presented rendering and explained same,) We are asking for a sign on the front of the building similar buildings. I don't think a sign of more an identification sign. I that you might have, k4hat is the length of this sign? 12 and a half feet and 7 feet high. It is 87 1/2 square feet, There being no further public testimony, the hearing Baas closed, Councilman Jett: I would like the record to show that I am a very, very small stockholder in Reliable Savings and Loan. I think it is quite generally known how I feel about our sign ordinance in relation to things of this nature, I can't help but think that when we have an organization like Reliable Savings and Loan in our community operated by local businessmen who are making an effort to develop this into a regional -27- C. Co 9/23/63 Page Twenty -Eight VARIANCE NO. 455 - Continued Councilman Jett -- Continued: • financial institution I can't help but feel that we should encourage them in every way possible when something of this nature isn't going to be any detriment to anyone else in the area, I don't understand any reasoning that would require an institution like this to remove a sign that probably cost as much as this sign. I think they are entitled to have identification on the front where anyone driving in the parking area can look toward the building and see where it is located, In my opinion, this is a reasonable request, Councilman Snyder: Regardless of your feeling regard- ing the sign ordinance, I think to pass a variance you have to have a solid reason, The Planning Commission is not necessarily asking them to remove the sign; they are saying that the ordinance says they are only allowed one of these and in their decision they are merely following the ordinance and it seems to me for a variance you have to have one of four reasons and to indiscriminately grant a variance like this without a good reason you are going to lead to a breakdown of not only the whole sign ordinance but of all our ordinances in generally. Certainly, if you don't believe in this type of restriction we ought to amend the the ordinance. I don't think we should continue to give signs by variance except where they have proven cause for variance and I don't feel they have proven cause for a variance here. I feel if we were to grant this people would feel that this City Council had participated in a •shocking act of favoritism and I cannot go along with any change from what the Planning Commission recommended, Councilman Jett: I can recall when Broadway Department Store came into the City, the Planning Commission allowed them three signs, This, I am sure, the Council felt was unreasonable because the Council approved seven signs for the Broadway, The Planning Commission denied the Broadway Store the right to use the identification of the General Tire in their sign; the Council granted this, Mitzi's came in for a request for a variance, having difficulty. At this time, the Council decided that our sign ordinance was too restrictive. We instructed the Planning Commission to study the sign ordinance with a view to revising this and this is all a matter of record. Asa result of this, they did not study the sign ordinance but sent it on to the Chamber of Commerce requesting a report from the Chamber of Commerce, We still haven't this report back to us on the sign ordinance. I think the interpretation of a request for a variance, to me, means varying from the ordinance. You do this because the people cannot enjoy the use of their property and as a result they come in and ask you for a variance to allow them to do this, Councilman Snyder: through a town couldn't tell • and I know our effective and Mayor Barnes: where a sign system makes a to the length of this have'this type sign,.. this.soems to be the I sometimes wonder if we are not too restrictive but then I drive it is entirely cluttered up with signs and you like this from any of the others along the block is best because I think this"is much more nicer looking town. In a sign of this type do you feel it would be out of proportion building? The other'buildings'and the banks also The other buildings have identification signs and only blank spot._ ME C. C. 9/23/63 VARIANCE NO, 455 - Continued Page Twenty -Nine • Planning Director, Mr, Joseph: At the last City Council meeting the reason they granted the sign on the roof was to bring this in line percentagewise with the other financial institutions in the area. For the 20-foot store front, if this were granted, they would have 257 1/2 square foot of sign area. Whether or not it would fit in proportionately with the building is one of aesthetics and becomes very ticklish. The staff requested that in addition to the sign on the building they be permitted a sign on the front but it be the 40-square foot allowable by ordinance so they would have an allowable sign on front and a variance for the sign in the air to meet competition, Councilman Snyder: I would be agreeable to a 40 square foot identification sign there, • • Councilman Jett: Has this sign been made? Mr, Richard Cauderman: Yes, Councilman Jett: This sign was made and it was being put up and somebody phoned the City and told the City that the sign was going up and the City sent somebody down and stopped it, That is why I asked if it was already made, Councilman Snyder: Mr, Richard Cauderman: You have had proceedings before the City before, You certainly knew a permit was required, didn't you? Yes, sir, Councilman Snyder: They knew•a permit was required, Obviously they did it thinking they could get away with it, This leads me further to say that we should not grant it w ten they proceed in this manner, Mayor Barnes: Would a 40 square foot sign be satisfactory with your organization? Mr., Orville J. Bizzard: From our standpoint, the main thing is that we need identi- fication on the front of the building. We had hoped that this sign would be allowed. However, the main thing is to get identification on the front of the building. The way the front of the building is now, it really doesn't look right because it is blank. A 40 square foot sign would be satisfactory if this is the most we could obtain, Councilman Heath: Scotty Lees, Julia's, and Florsheim. Planning Director, Mr, Joseph: I would be interested in knowing the size of the signs for We would have to scale them, Mr, Phil Wax: In my back sign I have 50 square feet. The front sign was up before any of your ordinances went in; -29- C, C, 9/23/63 VARIANCE NO, 455 - Continued Page Thirty • Councilman Jett: Move that Variance No, 455 be approved subject to all conditions of the Planning Commission except the condition that the sign on top of the building be removed, Councilman Heath: feel that there should be 10 square feet difference of the sign already made, It looks as if this sign next door on the Florsheim is better than 50 square feet, I don't too large a sign on the _front but if it is between what I would like to see and the size I would go for the extra 10 feet, Mr, Richard Cauderman: As far as conforming to the 40 square feet, I think the letters in themselves could be made to conform to the 40 square feet by the removal of the background which means we would have to paint the wall in a contrasting color to bring the lettering out, We are talking about addinc7 a metal area to contrast the lettering that we wish to apply or painting the wall itself in the same manner, The letters could be made to conform to the 40 square feet, Councilman Heath: I will second Councilman Jett's motion, •Action on Councilman Jett's motion: No action, Councilmen Jett and Heath voted "Aye" and Councilman Snyder and Mayor Barnes voted "No". Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that Variance No, 455 be approved, that Reliable Savings be permitted to have a sign on the front of their building with an aeea of 40 square feet and that the sign above the building be allowed to remain, and further subject to all other conditions of the Planning Commission, ZONE CHANGE NO, 267 LOCATION: Extreme dead end of Edward and Gladys LaBerge Citrus Street, DISMISSED Request to reclassify from Zone R-1 to Zone R-2 denied by Planning Commission Resolution No,1456, Appealed by applicant on September 3, 1963, Mr, Edward LaBerge In view of the opposition by our 20510 San Jose Drive neighbors, c,�e request that we can withdraw this at this time and no prejudice. I would like a study of the area where Mr. Joseph's staff studies the multiple units as a whole, Mayor Barnes: We can withdraw it but not • "without prejudice", Mr, Edward LaBerge: The Planning Director didn't give us any study at all, Mayor Barnes: When you submit for another plan you can ask for a study at that time. This isn't important that we study this area at this time, -30- C. C. 9/23/63 Page Thirty -One ZONE CHANGE NO. 267 - Continued • Councilman Snyder: There is an implied accusation that the Planning Commission did not study this and I can't believe that the Planning Commission would have an action without study and I can't allow this implication to stand in the Minutes without clarification. I would like to ask Mr. Joseph if this is true? Planning Director, 111r. Joseph: I was on vacation when this case came up, Mr, Edward LaBerge: I'll apply later. There was an implication that I made, Planning Director, Mr. Joseph: I am going to presume, and I do believe that the Planning Commission studies every action before they make a _recommendation. Mr. Edward LaBerge: Mr. Radig said there was no study and they were denying it. Planning Director, Mr. Joseph: I can't believe that. Mayor Barnes: When you reapply, a study will be made of the area. • Motion by Councilman Jett, seconded by Councilman Heath, and carried, that Zone Change No. 267 be dismissed at the applicant's request. ZONE CHANGE NO, 271 LOCATION: Sunset Avenue between A. Bernard Muth Merced and Durness. HELD OVER Request to reclassify P.-A zoned property to Zone R-P approved by Planning Commission Resolution No. 1457, Appealed by Mrs. 0, M, Britt on September 5, 1963, as to 165 .feet. City Clerk, Mr, Flotten: (Read Planning Commission Resolution No. 1457 re this matter,) Mayor Barnes: This is the time and place for the public hearing, IN FAVOR Mr. Hugh Halderman I am the engineer for the apply Santa Ana cant, Our original application requested that the R.-P be extended along the center line of the extension of Ituni Street. There were two proposals made by the Planning Commission on this. I submit there is a third proposal which would be satisfactory to the City, to my client, and to the neighborhood, which would be to simply vacate the portion of Ituni Street which stubs off past the one tier of lots. When the subdivision was presented to the City, the stub street was objected to by the developer and by Mrs. Britt and it was placed there after considerable argument. At that time, the Planning Director or the City Engineer advised Mrs. Britt that should she build a block wall across the dead end of this street that she would be protecting her interests in holding this property for higher use in the future, I submit that the vacation of this street is practical since there is only one property owner effected who lives on the south side and his -31- C. C. 9/23/63 ZONE CHANGE NO, 271 - Continued Page Thirty -Two • frontage could be then along the new side line of the street; that the street serves no practical purpose as it will not be extended to Sunset and it is not needed in this development. Secondly, with respect to R-P zoning against residential, this condition will occur at some place no matter hoc: we zone this parcel. In favor of this application, this area is marked on your master plan as R-P; it is a computable use with the hospital, It would be more compatable should the entire parcel from the presently zoned portion southerly to Ituni and including Mrs. Britt's remaining ownership which is the small yellow portion south of Ituni should also ultimately be zoned to the R-P zone to give a continuous block of sufficient size to permit an adequate development of a professional center. Mrs. Britt is here and I believe she will tell you that she is agreeable to rezoning the balance of her property to this zone. I believe a reclassification of this to R-P would honor previous committments made by previous administrations to Mrs. Britt with respect to her property, The R-P zone requires the submission of a precise plan and by this require- ment they could be assured that proper professional was offered to the adjacent residential areas on the south and on the east, If' the Planning Commission's recommendation is followed, it will create eight residential lots that are impossible economically, Mrs, Olive M. Britt: On the south side of Ituni,_on this 160 feet by 300, that has • my home and another home. I have a large, old barn, a garage, a tool house and a residence there. That comprises at least 200 feet of that 300 feet, There would be no room to put houses and who would want to live there? Even if houses came on the north side there would be nothing on the south side. There being no further public testimony, the hearing was closed, Councilman Jett: The Planning Commission has just heard a case across the street from this, It seems the piece of property across the street has been patterned by this pattern here. It might be something worthwhile for the Council to look into, The Planning Commission recommended that the property across the street from Mrs. Britt's property follow the same pattern and hold R-1 up as far as this R-1. The people were applying for P-3. I think if Mrs. Britt's property was laid out so that the R-P went down to where she wanted it, the zoning across the street would be compatable and in line with what the developer was requesting and could be justified, I think the piece of property to the west of Sunset is being zoned based on Mrs. Britt's and I wonder if both of them shouldn't be studied, Councilman Snyder: . Councilman Jett: to them to leave that block wall up and I -think this property could be it could by going around through a there, Mayor Barnes: I would like to look at this area. I am not ready to make a decision on this tonight, I think those people are in there. I think it would be an advantage because there are children there developed better from Sunset than group of cul-de-sacs to get in I think we should study this a little more, -32- C. C. 9/23/63 Page Thirty -Three ZONE CHANGE NO. 271 - Continued • Planning Director, Mr, Joseph: The Engineering Department isn't in favor of the stub street. Motion by Councilman Snyder, seconded by Councilman IIeath, and carried, that Zone Change No. 271 be held over to the next regular meeting for study, Mr, Hugh Halderman: Is there a possibility that the public hearing will be re -opened at the next meeting? Mayor Barnes: No, The hearing has been closed, PROPOSED AMENDMENT NO. 60 Request to amend the West Covina City Initiated Municipal Code section to replace HELD OVER those uses which are not now permitted in the new R-2, R-3 and R-4 zones, approved by Planning Commission Resolution No. 1436. City Attorney recommends that this amendment may only be considered valid if City Council approves Amendment No, 59. Held over from July 22 to August 5, and from August 5 to this date, •Motion by Councilman Heath, seconded by Councilman Jett, and carried, that Proposed Amendment No. 60 be held over to the next regular meeting. PLANNING COMMISSION METES & BOUNDS SUBDIVISION NO. 135-213 LOCATION: East of Citrus Street W. Bo Renwick between Lark Hill Drive HELD OVER and Spring Meadow. 1.102 Acres - 2 Lots - Area District III, Approved by Planning Com- mission on September 11, 1963. Mayor Barnes: This is the time and place for the public hearing. There being no public testimony, the hearing was closed, Councilman Jett: I would like to -take a look at this. I would like to see it held over, I have had a number of calls that have been against this and I promised them that I would take a look at it, They said the topography of this piece of property i,7ouldn't do for a good develop- ment or a lot split and they are very unhappy. Mayor Barnes: Do you have any objections to this being held over? Mr. W. B. Renwick: No, We have over 200 feet of frontage and that is what they took into consideration, We are not cutting down the frontage. We have 187 feet on Lark Hill, I am going to build on both of them. I don't think the people are worried about what we are going to put in there. The upper lot will be the one I will live on, -33- C. C. 9/23/63 Page Thirty -Four METES.& BOUNDS SUBDIVISION NO. 135-213 Continued • Motion by Councilman Jett, seconded by Councilman Heath, and carried, that Metes and Bounds Subdivision No. 135-213 be held over to the next regular meeting with the applicant's permission. • • CITY CLERK'S REPORTS (CONTINUED) RESOLUTION NO. 2745 ADOPTED Mayor Barnes: The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN IN- STRUMENT AND DIRECTING THE RECORDATION THEREOF" (Delaye) Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by Councilman Snyder, 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. 2745. REVIEW PLANNING COMMISSION ACTION OF SEPTEMBER 11, 1963 MOBIL OIL So indicated by Mr. Flotten. Councilman Heath: I would like to request that Mobil Oil comes up before us purely for the reason of the past action of the Council concerning this piece of property. This project is a real worthwhile project to have in the City and I sure would like to see it here; however, since I sit on the Planning Commission and know of the Council's past action on this piece of property, I feel it is my responsibility to bring it up. However, there is no reason to hold it up if the Council is satisfied with the traffic situation. I brought it up because I .felt it was my duty as coordinator to advise the Council on the development on this site. Mayor Barnes: Councilman Heath: Let's not bring this up. think it's necessary. All right. I don't -34- • n U • CO Co 9/23/63 CITY ATTORNEY RESOLUTION N0, 2746 ADOPTED Mayor Barnes: Page Thirty -Five The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE SALE OF CERTAIN PROPERTY AND THE EXECUTION OF A GRANT DEED" (Hanifan-Bowker) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Heath, seconded by Councilman Snyder, 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, 2746. ORDINANCE INTRODUCTION The City ACtorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVI14A MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 268, United Brethren Church) Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance. Motion by CouncilmaQ Heath, seconded by Councilman Snyder, and carried, that said ordinance be introduced. RESOLUTION N0, 2747 ADOPTED Mayor Barnes: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC USE FOR SANITARY. SEWER PURPOSES"(Reynolds) 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, ?Notion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: Councilman Towner Said resolution was given No, 2747, -35- Co C, 9/23/63 CITY ATTORNEY - Continued • LEAGUE OF CALIFORNIA CITIES CONFERANCE City Attorney, Mr, Williams: Page Thirty -Six I need authorization to attend for some modest reimbursement of expenses, Motion by Councilman Heath, seconded by Councilman Jett, that the City Attorney be authorized to travel to San Francisco to the League of California Cities Conferance and that the expenses are to be shared with the City of Azusa. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: Councilman Towner CITY CLERK LETTER FROM METROPOLITAN WATER DISTRICT TO BOARD OF DIRECTORS, UPPER SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT REGARDING HISTORICAL • FORMULA, (Council has copies,) City Clerk, Mr, Flotten: APPLICATION FOR ALCOIiOLIC BEVERAGE ON SALE BEER LICENSE OF IRVING BURTON KASOW AT 231 SOUTH GLENDORA AVENUE Mayor Barnes: HALLOWEEN PARTIES This is for your information, The Council has no objections, City Clerk, Mr, Flotten: We have an application from the Pioneer P.T.A. for a halloween party on October 19 from 11:00 A.M. to 4:00 P.M. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Pioneer P.T.A. be permitted to have a halloween party on October 19, 1963 from 11:00 A.M. to 4:00 P.M.,subject to the usual inspection. • City Clerk, Mr, Flotten: We have the same type of appli- cation from the Del Norte P.T.A. Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that permission be granted to the Del Norte P.T.A. for a'halloween party,, subject to the usual inspection. -36- r C. C. 9/23/63 CITY CLERK - Continued • WHITE CANE DAYS Page Thirty -Seven City Clerk, Mr. Flotten: We have a request from the Lion's Club for the Mayor to declare October 4 and 5 as White Cane Days, Mayor Barnes: If there are no objections, I will so proclaim. (There were none,) I so proclaim. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Lion's Club be given permission to conduct their White Cane Solicitation on October 4 and 5. FOREST LAWN City Clerk, Mr. Flotten: Tomorrow morning at 9:30, there will be a discussion of the Forest •Lawn application at the Regional Planning Commission. This is for your information, RESOLUTION FOR MR. RADIG City Clerk, 14r. Flotten: Mr. William Radig has quit our City and has gone back to school, Mayor Barnes: I think we should draft a resolution. Motion by Councilman Heath, seconded by Councilman Snyder, that the City Clerk prepare a resolution commending Mr. William Radig for the services he has given to the City and wish him good luck in his schooling. Motion passed on roll call as follows: Ayes: Councilmen Jett, Heath, Snyder, Mayor Barnes Noes: None Absent: Councilman Towner CITY TREASURER • Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Treasurer's report for August be accepted and filed, Me]IAM C. C. 9/23/63' DEMANDS Page Thirty -Eight Motion by Councilman Snyder, seconded by Councilman Heath, to approve demands totalling $1911189,19 as listed on demand sheets C33S through C337 and B137. This total includes bank transfers of $1409000.00. Motion passed on roll call as follows: Ayes: Councilmen Jett, Noes: None Absent: Councilman Towner BIBLE MISSIONARY Heath, Snyder, Mayor Barnes Mr, Chris Tambe: The Bible Missionary have been soliciting funds and they have been found to be a fraudulent organization. We would like you to revoke their license. I understand our City Clerk's Office issued a license to them several months ago. They operate on and off. Thev come in and literally coerce people into donating funds which are supposedly to be used to buy bibles for underprivileged people around the world. The truth of the matter is that 94% of the funds collected go into the pockets of the people collecting the money, Councilman death: I would like Mr. T-,Iilliams to look into this, When I was at the Covina Chamber of Commerce meeting they made a study and found it to be fraudulent but they felt they were treading on dangerous ground if they made any move on this line because of discrimination. City Clerk, Mr, Flotten: We issued them a charity permit. We had a little trouble with them last year, City Attorney, Mr, Williams: The answer is if it is contended they are fraudulent they will have to be given notice of intention to revoke their license and a hearing set, Councilman Heath: The Covina group shied away from them on the advice of some attorney that they were working on dangerous ground. City Attorney, Mr, Williams: Mr. Chris Tambe: Check it with the Los Angeles Bureau of Public Services, Social Service, I haven't yet, City Attorney, Mr, Williams: If they are revoked or not listed • in Los Angeles I would think we can take them on, But if you do, you have to give them a notice and an opportunity to be heard and it means that someone would have to present the case against them, Councilman Snyder: I don't think the public is that gullible that if we had a valid complaint from the Better Business Bureau that there would be a few who would accuse us of discrimination. I don't think we should back away from this, . C. C. 9/23/63 Page Thirty -Nine 'BIBLE MISSIONARY - Continued • Councilman Snyder: Move that Bible Missionary be given notice that we are going to consider the revocation of their license on the ground of fraud; that the City Clerk notify them that.we will hold a public hearing on this matter on the 14th of October, Mr. Chris Tambe : City Manager, Mr, Aiassa: Councilman Snyder: Mr. Chris Tambe : MR, JOSEPH'S SCHOOLING I will inquire of the Better. Business Bureau for evidence. I think the Chamber should investigate, Before we take action on this motion, would you investigate this for us? Yes. Councilman Heath: There is a personnel problem we considered and I would like to ask the Council to reconsider concerning Mr. Joseph, We discussed the possibility of Mr. Joseph going to school during working hours, Looking into this further, I find out this is for the duration of one semester. It will take one day a week but it is for one semester and the rest of the time he should be able to get on evening classes, I feel that Mr. Joseph will stay with us upon the realization that he has just purchased a house in the City. I think it might be an asset to us if we permit him to attend this class one morning a week for one semester, Councilman Snyder: I was for this in the first place. Somebody stated that the City of Covina has allowed this for some of their employees, City Clerk, Mr, Flotten: Yes, they do, Councilman Snyder: Certainly if he is willing to take it away from his vacation time or make it up any other way, I am for it, . Councilman Heath: The fact that it is only one semester I think maybe we ought to take another shot at it, Mayor Barnes: Are you willing to make this • time up? Planning Director, Mr, Joseph: Councilman Jett: Mayor Barnes: Yes, I haven't changed my opinion of it, I still stand by my original decision. I am afraid of setting a precedent, -39- C, Ca 9/23/63 Page Forty MR. JOSEPH'S SCHOOLING - Continued • Councilman Snyder: I think you have to judge each individual case. Councilman Heath: You sent Chief Sill back east. I think we can do this with discretion. He is going to make up this time. He is a department head. I wouldn't recommend this for anyone other than department heads, Councilman Snyder: I think we are being picayunish in not giving it, Practically all industry does it to the extent where they even pay their way, Mayor Barnes: I mi7ht reconsider. I think Mr,* Joseph could make -it up in other ways. I46tion by Councilman Heath, seconded by Councilman Snyder, and carried, that Harold Joseph be given permission to go -to school one day a week for two and one-half hours, (Councilman Jett voted "No",) CALIFORNIA HIGIWAY PATROL Councilman Jett: Is the Council aware that the California Highway Patrol down here closes at five o'clock? Mayor Barnes: No Mr, Chris Tambe: They changed that last week. All offices of the Highway Patrol close at five o'clock. They claim the reason is to put more units in the field, Councilman Jett: I wonder if they shouldn't have someone down there to answer the telephone calls for accidents and such, Councilman Heath: City Manager, Mro Aiassa: MOUNT SAC -Mayor Barnes: I think this is something we should check up on, I'll take care of it, Does Lt. Laughlin teach at Mount Sac? • City Manager, Mr, Aiassa: He is taking Monday as his day off. He is teaching one class. He also does night teaching free for the auxiliary,putting in four to six hours a week for auxiliary teaching, -40- �_ " t, r C. C. 9/23/63 Page Forty -One PRIORITY LIST OF PLANNING COMMISSION Councilman Heath: I was at the Planning Commission meeting last week and they instructed the Planning Director to make up a list of items that must come before them and they will assign priority to this list, I asked the Chairman at that time if the Council could have a copy of this list before they decided on the priorities and it was the Chairman speaking for the Commission and he said no, that they would assign the priorities first and we could have a copy of that. I pointed out there might be things on there the Council would like to ask for in a different priority and what they would set up and he sort of overruled me himself. I therefore asked our City Manager to give us a list of all of the items which are pending before the Planning Commission and we have that list. I think we should look through it before Wednesday night and if there is anything we want first that we should advise the City Manager so he can pass the word along. I hope Mr. Joseph and Mr. Aiassa don't get in the middle on this because this was purely my request for this list, I think I received poor cooperation on the level of the Planning Commission, We will talk about that some other time. There being no further business, Motion by Councilman Heath, seconded •by Councilman Snyder, and carried, that this meeting be adjourned to next Monday, September 30, 1963, at eight o'clock, The meeting was adjourned at 3:00 A.M" ATTEST: 0 CITY CLERK APPROVED C If lr, �V 6 MAYOR -41-