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01-11-1965 - Regular Meeting - MinutesT ' . • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JANUARY 11, 1965 The regular meeting of the City Council.was called to order by -Mayor Pro Tein Nichols at 7:30 P.M. in the West Covina'City`Hall;' Council= man Heath led the'Pledge of Allegiance'. The invocation was given by Rev. Robert Bergman of Our Savior Lutheran Church. ROLL CALL Present: Mayor Pro Tem Nichols, Councilmen Jett, Krieger, Heath Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk & Admin. Assistant Mr. John Q. Adams', Public 'Services"Director Mr. Dwight Newell, Acting City Attorney (from'7o45 P.M.) Mr, Harold Joseph, Planning Director (from 7:40 P.M.) Absent: Mayor Snyder Mr. Harry C. Williams, City Attorney APPROVAL OF MINUTES December 14, 1964 - Approved as submitted as follows: Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes of December 14, 1964 be approved as submitted. CITY CLERK'S REPORTS PRECISE PLAN C-1 Accept Sidewalk Improvement Bing To Wong APPROVED final report on file. Staff LOCATION: 232 South Glendora Accept sidewalk improvement and authorize release of cash deposit in the amount of $300. Inspector's recommends acceptance. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept the sidewalk improvement in Precise.Plan,C-1 and authorize release of cash deposit in the amount of $300.00. PRECISE PLAN NO, 385 LOCATION: Southeast corner of Accept Street Improvements Garvey and Azusa. Mobil Oil Company APPROVED Accept sidewalk, curb and gutter, and driveway improvements and 4t authorize the release of Federal Insurance Company Bond No, 8020-26-92 in the amount of $2,000.00. Inspector's final report on file. Staff recommends acceptance. t ,C., C, 1/11/65 Page Two PRECISE PLAN NO, 385 - Continued Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept the sidewalk, curb and gutter, and drivewav improvements in Precise Plan of Design No, 385 and authorize the release of Federal Insurance Company Bond No, 8020-26-92 in the amount of $2,000,00, RESOLUTION NO, 3072 The City Clerk presented: Bid Opening "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA, AMENDING RESOLUTION NO, 1628 RELATING TO THE TIME AND METHOD OF OPENING BIDS FOR PUBLIC PROJECTS AND PURCHASES" Councilman Krieger: On the wording I would .suggest with respect to the words "day of" I find that somewhat confusing. I would suggest in lieu of that that we use the language "on the Wednesday preceding the regular or adjourned regular meeting of the City Council Councilman Jett: • Mayor Pro Tem Nichols: I think that is better., I think that is better also, It is the concensus of the Council that that should be the wording. Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted, motion passed on roll call as.follows: Ayes: Councilmen Jett, Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder Said resolution was given No, 3072, (Mr, Joseph entered the chambers at 7:40 P,1,9,) PLANNING COMMISSION METES AND BOUNDS PdO, 135-223, REV, 1 LOCATTON: 206 South Barranca City Initiated APPROVED 2,66 Acres - 3 Lots - A,D, ITT Councilman Heath: I understand there is nothing we can do about this plan at this late.date, Therefore I don't know what we can do now except to approve it, (Mr. Newell entered the chambers at 7:45 -2- C, C, 1/11/65 Page Three METES AND BOUNDS NO, 135-223(1) --Continued Councilman,Jett: Have we now complied with all the requirements of the ordinance? Planning Director, Mr, Joseph: Yes, Councilman Krieger: t,lith great reluctance and on the basis of our City Attornev's opinion, Move to approve Metes and Bounds Subdivision No, 135-2239 Revision 1, subject to the conditions of the Planning Commission, Councilman Heath: I feel this is a very poor layout and T voiced my opinion at the time, I. with reluctance, will second the motion for approval. Action on Councilman Krieger's motion: Motion carried, Councilman Krieger: Regarding the Planning Com- mission's memo, as I understand it instead of the subdivider mailing the notice he submits a list with the names, If we get into a situation where the list he submits is incomplete, what happens? Planning Director, Mr, Joseph: We just take that chancetbecause right now on a zoning case a . developer will submit to us a list of names within 300 feet which they certify comes from the tax "rolls indicating all those property owners who should be notified, The staff does not have the time to recheck the names, The City Attorney has indicated that if the list itself is faulty it would invalidate the proceedings and it is their responsibility to comply with the requirements in listing all of the property owners within 300 feet, Councilman Krieger: Do we distinguish between a situation where as the rule was where the affidavit is incomplete which is a procedural defect but not one that would invalidate the approval and this where if the list were incomplete it would invalidate the procedure? Acting City Attorney, Mr, Newell: That is correct, • Councilman Heath: On a filing for a zone change is there any necessity for a licensed engineer to prepare paper work and the list or can this be done by any individual? Planning Director, Mr, Joseph: It can be done by any individual, Councilman Krieger: g I assume from the memo that this matter will appear on our agenda somewhere else, Planning Director, Mr, Joseph: Mayor Pro Tem Nichols: See Additional Testimony on Page 36. We can ask the City Attorney to prepare the ordinance and he can bring it up to you in the future, That would be fine, -3- C f C, C, 1/11/65 PLANNING COMMISSION - Continued GALSTER PARK DEVELOPMENT PLAN Planning Commission recommendation City Manager, Mr, Aiassa: 'RECREATION 8 PARKS None GENERAL MATTERS WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS None CITY ATTORNEY ORDINANCE NO, 898 Z.C. 325, Yeager ADOPTED Page Four I will bring this up under my agenda. The Acting City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC325, Yeager) Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Krieger, that said ordinance be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder Said ordinance was given No, 898, ORDINANCE REINTRODUCTION Z.C. 319,.Home Savings & Loan The Acting City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES" (ZC 319, Home Savings and Loan Association,) -4- • • 8 C, Ca 1/11/65 ORDINANCE REINTRODUCTION (HOME SAVINGS) - Continued Page Five Motion by Councilman Heath, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Jett, that said ordinance be introduced, Mayor Pro Tem Nichols: Mayor Snyder is not present this evening and as I recall, the vote upon this matter before was such that Mayor Snyder's presence might well be needed in order to resolve a difference, Councilman Krieger: I understood that anv individual Councilman can introduce an ordinance and the only purpose of this actually is to introduce it so that if there were a tie vote on the Council in this matter I would assume it would still be introduced, Acting City Attorney, Mr, Newell: Mayor Pro Tem Nichols: Councilman to call for a roll call ordinance, Acting City Attorney, Mr, Newell: That is correct, There is something in the pro- cedure that allows an individual vote on the introduction of an Any individual can introduce an ordinance; Action on Councilman Heath's motion for introduction: Tie vote, In favor -- Councilmen Jett, Heath; In opposition -- Councilman. Krieger., Mayor Pro Tem Nichols, Acting City Attorney, Mr, Newell: RESOLUTION NO, 3073 Easterly Annexation District No, 187, ADOPTED Mayor Pro Tem Nichols: It is still introduced, The Acting City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA PURSUANT TO SECTION 35310,1 OF_. THE GOVERNMENT CODE APPROVING THE ANNEXATION TO, INCORPORATING IN, AND MAKING A PART OF SAID CITY CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY 01, WEST COVINA AND KNOWN AS EASTERLY ANNEXATION DISTRICT NO, 187" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Kreiger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder Said resolution was given No, 3073, -5- 11 • • C, C, 1/11/65 CITY ATTORNEY - Continued RESOLUTION NO, 3074 V 539, DePietro ADOPTED Mayor Pro Tem Nichols: Page Six The Acting City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A VARIANCE" (V 539, DePietro) Hearing no objections, we will waive further reading of the body of the resolution, Motion.by Councilman Kreiger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes. Councilmen Krieger, Heath, Mayor Pro Tem Nichols Noes. Councilman Jett Absent. Mayor Snyder Said resolution was given No, 3074, RESOLUTION NO, V 537, Jett ADOPTED 3075 The Acting City Attorney presented; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF [NEST COVINA DENYING A VARIANCE" (V 537, Jett) Mayor Pro Tem Nichols: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent. Mayor Snyder Abstained: Councilman Jett Said resolution was giver. No, 3075, RESOLUTION N0, 3076 The Acting City Attorney presented: P.P. 439, Jett "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO, 439 FOR THE PHYSICAL DEVELOP- MENT OF CERTAIN PROPERTY WITHIN SAID CITY" (Jett) Mayor Pro Tem Nichols: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted, Motion passed on roll call as follows: Ayes. Councilmen Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder Abstained: Councilman Jett Said resolution was given No, 3076 BUM • C, Ca 1/11/65 Page Seven 'CI'TY ATTORNEY - Continued RESOLUTION NO, 3077 The Acting City Attorney presented: Terminology "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA DIRECTING ATTENTION TO CERTAIN TERMINOLOGY USED IN IDEA.ITIFICATION AMONG LAW ENFORCEMENT AND STATISTICAL UNIFORM REPORTING AGENCIES" Mayor Pro Tem Nichols: 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, Mayor Pro Tem Nichols Noes: Councilman Krieger Absent: Mayor Snyder Said resolution was given No,, 3077, CITY CLERK VALINDA.RIDERS REQUEST FOR SHOW RING IN GALSTER PARK City Clerk, Mr,, Flotten: (Read letter re this matter.,) Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the letter from the Valinda Riders be received together with the petition and that both be filed and referred collectively to the Parks and Recreation Commission, TEMPORARY USE PERMIT REQUEST West Covina Plaza Merchants City Clerk, Mr, Flotten: We have a temporary use permit application of the West Covina Plaza Merchants' .Association for exhibition of mobile homes and travel trailers from January 14th to January 17, 1965, in front section of the Plaza parking area. This is an annual event of the Plaza. Approximately 45 to 55 trailers will be on display. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that permission be granted to the West Covina Plaza Merchants' Association for exhibition of mobile homes and travel trailers in the front parking area of the Plaza from January 14th to January 16th, 1965, inclusive, -7- P4 C, C. 1/11/65 CITY CLERK - Continued TEMPORARY USE PERMIT REQUEST FIVE LANTERNS RESTAURANT Page Eight City Clerk, Mr, Flotten: We have a temporary use permit application of the Five Lanterns Restaurant for the use of firecrackers on February 5 and 6, 1965, the Chinese New Year, This is an annual request. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that permission be granted to the Five Lanterns Restaurant for use of firecrackers on February 5 and 6, 1965, TEMPORARY USE PERMIT Eastland Center City Clerk, Mr, Flotten, We have a temporary use permit application of the Eastland Businessmen's Association for the display of a number of new Chevrolets and they do it in a tent. This is an annual event, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that permission be granted to the Eastland Businessmen's Association • to display new Chevrolets from January 14 to January 17, 1965, inclusive, REQUEST OF COORDINATING COUNCIL OF REFUSE REMOVAL ASSOCIATIONS, INC. City Clerk, Mr, Flotten: We have a request of the Coordinating Council of Refuse Removal Associations, Inc. for initiation of an ordinance regarding name of ownership and telephone number on refuse collection containers, This is just a matter for your information. Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that this matter be referred to the staff for further study, MAYOR'S REPORTS RESOLUTION NO, 3078 Commending Frank Towner ADOPTED it Mayor P T ° � Pro em Nichols - The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.WEST COVINA COMMENDING FRANK M. TOWNER FOR. HIS SERVICES TO THE CITY" Hearing no objections, we will waive further reading of the body of the resolution, • Ci C, C, 1/11/65 RESOLUTION NO, 3078 - Continued Page Nine Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call a� follows: Ayes: Councilmen Jett, Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder Said resolution was given No, 3078, KIWANIS GOLDEN ANNIVERSARY WEEK ITa [-BEST COVINA City Clerk, Mr, Flotten: Anniversary Week in West Covina, Mayor Pro Tem Nichols: CITY TREASURER None SCHEDULED MATTERS BIDS PROJECTS B,P,6409 AND S,P,6409 BRIDGE WIDENING AND STREET IMPROVEMENT We have a request to proclaim this week as Kiwanis Golden If there are no objections, I will so proclaim., (No objections voiced,) So proclaimed, LOCATION: Valinda Avenue between Vincent and Glendora, Bids received in office of City Clerk at 10:00 A,M,, January 7, 1965, The bids received are as follows: REX W, MURPHY GEORGE W, PETERSON H, W, BEADLE D, G, CONCRETE CONSTR. 10% bid bond 10% bid bond 10% bid bond 10% bid bond $1009467,65 107,307,65 108$40,00 154,970,00 Correction 108,667,65 109,541,25 154,965,00 Motion by Councilman Krieger, seconded by Councilman Heath, that the bid for Projects B,P,6409 and S,P,6409 be awarded to Rex W. Murphy on the basis of his low bid in the amount of $100,467.65 and that the Mayor and the City Clerk be authorized to execute the agreement. Motion passed on roll call as follows: Ayes:. Councilmen Jett, Krieger, Heath, Mayor Pro Tem Nichols Noes: None Absent: Mayor Snyder C, C, 1/11/65 Page Ten 'B'IDrS Continued . PROJECTS C-156 AND C-60-3 LOCATION: West side of Glendora STREET IMPROVEMENT from Valinda to State Street and west side of Vincent, south of Walnut CreekWash, The bids were received in the office of the City Clerk at 10:00 A,M,9 January 7, 1965, The bids received are as follows: JASPER N, HALEY $753,87 ck, Correction $79538,69 $ E,C, CONSTRUCTION CO, 10% bid bond 79578�30 W,R, WILKTNSON CO, 10% bid bond 7927,19 s PI-:I�EER PAVING $810 bid bond 83,72 SULLY -MILLER CONTRACTING 10% bid bond 89228,69 89'248,69 D8W PAVING 10% bid bond 89888,96 GR.IFFITH COMPANY $95'5,58 bid bond 99555,82 Motion by Councilman Krieger, seconded by Councilman Heath, that 'the bid for Projects C-156 and C-60-3 be awarded to Jasper N. Haley and D 6 G Construction, a joint venture, on the basis of their low bid in the amount of $79538,69 and that the Mayor and City Clerk be authorized to execute the contract; Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Heath, Mayor Pro Tem Nichols • Noes: None Absent:, Mayor Snyder HEARINGS VARIANCE N0, West Covina HELD OVER and PRECISE PLAN West Covina HELD OVER 536 Music Theater NO, 438 Music Theater restaurant in (County) Zone A-1 Resolution No, 1723; request for theater -in -the -round approved by Called up by Council on December LOCATION: East Garvey Avenue between Holt Avenue and Via Verde Drive, Request for erection and operation of a nonconforming theater -in -the - round, related service buildings, concessions, plus an adjacent 4090009 approved by Planning Commission approval of precise plan for a Planning Commission Resolution No, 1724, 14, 1964, Mr, John Leary: I represent the applicant�in the next items Precise Plan of Design No, 440, J. K, Eichenbaum, the Carousel Theater, I would like to request that the Council consider these two items together for the reason that both were thus considered by the Planning Commission and for the further reason since they both represent theaters -in -the - round proposed to be built on different sites and it was testified before the Planning Commission by the applicant for the West Covina Music Theater that he would not build his theater in the event our precise plan was approved and built, We suggest in the,interest of an expedient and fair hearing of these matters they should be considered together, -10- C, C. 1/11/65 Page Eleven VARIANCE NO, 536 6 PRECISE PLAN NO, 438 - Continued Councilman Krieger: Mr, Newell is here in lieu of 'Mr. Williams and I am sure he will have an opinion to voice on this, I inquired of Mr, Williams before this evening's meeting as to .the propriety of doing such a thing, consolidating these matters for.hearing,' and.it was his opinion that this would be improper and that each matter should be heard separately. Acting City Attorney, Mr, Newell: I agree with that, Mayor Pro Tem Nichols: It'seems to be the consensus of the Council that these matters be heard separately. Are there any written communications with respect to t1lis matter? City Clerk, Mr, Flotten: We have for Council's considera- tion received from our staff a traffic report on this item, We have a letter from the West Covina Chamber of Commerce, copies of which have been sent to the Council, recommending` that both of these theaters be approved, and we have a letter from the Covina Unified School District with respect to the savings that will be accorded to the"school district if this particular item is approved, The Council has,'copies of this letter, (Read Planning Commission Resolutions'1723 and 1724,) Mayor Pro Tem Nichols: This is the time and place for 0 the .public hearing, IN FAVOR Mr, Nick Mayo: I am one of the producers of the Vallee Music Theater in Woodland Hills, Hy partners, Randolf Hale and Art hirkletter are here tonight. During the final stages of our building the Valley Music Theater, Mr., George Aiassa, your City Manager, directed a..letter to Mr, Bill Keller, our Building Superintendent, stating.West Covina's interest in a theater -in -the -round, fle learned this .was involved with a municipal civic. center and would be a few years in the future, As our plans were much more immediate for our second- theater we started surveying the [,lest _Covina area for possible sites, The survey bore out our feeling that West Covina was the center of'a population of,roughly a million people and would be ideal for our second,'theater. Finally in,Septem.ber we located the 20-acre site necessary for our project. There is ample acreage for parking and with proper removal from the freeway to allow for proper traffic flow, (Presented photograph.of Valley Music Theater and, explained same,) This is exactly the building we have proposed to build in West Covina on this site, It will seat approximately 3100 people around a central stage which is a turntable,t The seats are removable so every other row can be replaced with tables to allow for convention dining,, The design won the National Award for theaters by the National Convention of American Educational. Theaters Association, This was built in 181 .days from the start of site grading, The cost of this theater building and the land'for the West Covina Music Theater will exceed two million dollars. Although we exceeded the Los Angeles Parking Code on our site in Woodland Hills we had to acquire an additional two and a half acres of parking area across Ventura and one and'a half acre parkin; area'on the adjacent land to the east, -11- C, C, 1/11/65 Page Twelve VARIANCE NO, 536 PRECISE PLAN NO, 438 - Continued Although the Los Angeles Parking Code ratio is one -to -five the new Music Center as quoted in the magazine put out by the Los Angeles Times recognizing the total inadequacy of the Code requirements supplies 2000 parking stalls for a theater seating 3250 and with a future 2800 seats they will provide 1300 parking spaces, This is better than one -to -two, We propose in West Covina about a one -to -two ratio for patrons plus additional parking stalls for employees, The restaurant has an additional parking capacity of over 150 stalls, (Read various quotes from other theaters in the country, their parking requirement and their actual parking and success or non-success with the parking they have,) The parking consideration is a major problem which we have more than amply answered on our site. There will be a mass arrival and mass departure problem, We estimate a thousand cars will arrive within one-half hour and converge upon the theater, Almost all of our theater traffic will come from the freeway, Approximately two-thirds of the. traffic will arrive from the west, We must have proper access off the freeway and as soon as the traffic comes off the freeway we need reservoir space removed from any surface street parking before the cars enter the parking �,qt. We can reverse traffic on South Garvey Avenue and we will have approximately one-half mile of reservoir space of which 750 feet is five lanes wide. We can store about 300 cars on their way to the theater off the .freeway • and completely off any through street. We have prepared a brief film to illustrate the peak loads generated•that will be added to ,Jest Covina's traffic at either propooed theater site, (Presented film and explained same,) Regarding the variance, I would refer you to Section 9222,2, the required showing .for A variance, (Read said section,) Since there are only two such theaters in this area' Valley Music Theater and Melodyland, we feel the exceptional and extraordinary situation is there, The advent of the Southern California freeway systems has altered many cities' general plans, including West Covina's General Plan, Since 1962 the City of West Covina lias granted at beast 17 non -conforming uses for a freeway oriented use. We don't believe this will be detrimental; culture is rarely detrimental. It will not adversely affect the spirit of the General Plan, If�our applications for the variance and'the precise plan are approved we are ready to commit breaking ground as soon as the grading permit is granted, Our building plans have already been given to the Building Department, We have agreed to all conditions stipulated by the Planning Department staff and all of their recommendations as outlined in their report to the .Planning Commission, We are anxious to proceed so we may open in -lest Covina as soon as possible. However., we feel very strongly that it would not economically be feasible for this area to support two such thater projects, I'N OPPOSITION Mrs, Ea L, Christopher I have a letter from the East 3251 East Virginia Avenue Hills Home Owners' Association, West Covina (Read said letter stating the theater would not be compatible with the present development as proposed in the General Plan,) Holt Avenue is a residential street so naturally there is not a lot of traffic there, Barranca is in the business district, We have tried to keep apartments and commercial out of the east end of town, We -12- C, C, 1/11/65 Page Thirteen VARIANCE NO, 536 6 PRECISE PLAN NO, 438 - Continued have tried to keep that area residential. I'm sure the people on Monte Verde are going to be amazed to find their little country road is going to be made into a four -lane highway to carry this traffic back and forth, Mr, Chuck Dowding I am Chairman of the West Covina 1605 South Belmont Home Owners' Federation, West Covina Regarding the film, I would discount the film relative to Barranca and Holt, It doesn't reflect future development of the City towards the outskirts of town, If you superimposed the proposed development it would so transform the traffic pattern it would be difficult to visualize, Secondly, by way of rebuttal as far as the economic factors are concerned, it is my understanding that the Council concerns itself with the health and safety and welfare of West Covina so I would discount that, too, I am particularly concerned about the delay of processing these two matters through City Hall, In my opinion the position taken by the Planning Commission was a perfectly reasonable one when they gave approval to :both applicants, •By way of disapproval of this particular application, this theater -in -the -round to be located south of the freeway is located adjacent to a substantial residential development whereas the other applicant is situated in basically a commercial zone and flanked on the east by the proposed Holiday Inn and various commercial developments to the west. It is a more natural location; it is already zoned and is unencumbered, It is my understanding that the present owner of this property is putting commercial conditions relative to this particular use which I think is basically cooercive. Insofar as,Councilman Heath is responsible for bringing up both of these matters I expect a complete and unbiased development of why this was necessary, Councilman .Heath: I despise people who erroneously quote and make false and immature statements, I did not call both of these matters up, Councilman Krieger: For the record may it reflect tat Councilman Krieger called both of these matters up, not Councilman Heath, Mr, John Leary 615 South Flower Street Los Angeles Carousel Theater, Because I do state his position, As I previously stated I represent the applicant in the next item, Precise Plan No, 440, J, K. Eichenbaum, represent him I would like to briefly With respect to this matter before you members of the Council we do not oppose per se the granting of this second theater -in -the -round. We believe that the theater we have proposed has certain advantages, We do not, however, say that because there are two theaters before you tonight that we will require -13- C, C, 1/11/65 Page Fourteen VARIANCE NO, 536 6 PRECISE PLAN NO, 438 Continued you to make the determination between them as an economic arbiter, We believe the question is does each particular theater serve the City and does it meet the conditions which are before you tonight, namely variance and precise plan approval for the one, precise plan only for the other, I would be remiss in my duty were I not to admit that in certain ways Mr. Mayo in' his presentation has cast dispersions upon our theater at the same time ignoring the mote in his own eye, TJe would put before your consideration certain factors not mentioned by Mr. Mayo in his presentation, First, according to the papers on file in the matter now before you the rival group does not own the land on which they propose to build their theater, There is no owner's•'affidavit on the applications they filed as these application forms themselves certainly seem to require, In short, we have a showman as an applicant Ao may move his theater elsewhere any time. Secondly, Condition No, 2 to the precise plan approval as given by the.City Planning Commission was that "It shall not be effective unless and until Annexation No, 167 is consumated," Annexation 167, as you are fully aware, is the Forest Lawn litigation, That has been going on for some four years. It has been before the Supreme Court of this State and presently resides in the District Court of Appeal. Your own City Attorney could venture no opinion upon my inquiry as to the date on which this litigation might end let alone in whose favor it might end. This leaves utterly open and unanswerable the important question of when will this rival group build its theater, Mr. Mayo represented they had put their building plans in; they were ready to go but he still must face that condition which was imposed by your own City Planning Commission, namely the consumation of the acquisition and annexation of Annexation No, 167 which has been some four years in litigation, Allied to this question, will they build at all in the City? It is conceivable.that the annexation which is a condition of the approval of the Planning Commission may never be obtained and then they never will build in this City, If they build at all it may be simply on County land which would be a rival facility to your own West Covina enterprises and not the least of them being your restaurants and cocktail lounges which they also propose to build, Assuming the annexation is favorably consummated they may previously at any time seek County approval, build the theater according to the County conditions and then when the annexation is completed you must accept their theater whether or not it complies with your requirements. As to the traffic and parking, the rival group has shown its own experience in the Woodland Hills Theater, This was built approximately a year after the Anaheim theater started operation, In spite of having Melodyland's example to emulate they created traffic problems on their own site, Is it reasonable to expect they would do better in West Covina than their poor showing in woodland Hills which we have viewed tonight? Why didn't they learn from Melodyland in the first place? We would suggest that the proposed solution to these problems which Mr. Mayo did not dwell upon requires certain changes in the San Bernardino Freeway and the use of the land of nearby owners which would present problems substantially more serious than our own, -14- Co Co 1/11/65 VARIANCE NO, 536 & PRECISE PLAN NO, 438 - Continued: Page Fifteen The rival group stated expressly at the Planning Commission hearing on December 2, on Page 28 of the Min- utes that they would build only if their°s is the only theater approved, Mir. Mayo was kind enough to repeat that remark tonight. Aside from the fact that this Council should not and need not concern itself with choosing' between economic rivals we observe that our theater has no such committmento We believe that perhaps the most serious shortcoming in the proposal presently before you is that they require that you disapprove our precise plan before they will move forward with their own. We submit this does not show.real concern for the economic interest and the population of this city but rather shows an economic rival afraid to test his product unless you first cater to his dem,,nds by acting as an economic arbiter, REBUTTAL Mr. Nick Mayo: In the application for the precise plan the owner of the land signed it as well as the optioneeo We agreed to accept the conditions listed in the application. Included in the'conditions was the annexation re- quirement. If the annexation proceedings were to delay the building of the theater in the City limits of West Covina we would undoubtedly knowing that the transfer was happening, build on the County land and satisfactory with West Covina's conditions looking forward to coming into the City of West Covina after the theater was built or during the building. We are convinced and we have been told that the City of West Covina°s Building Department would cooperate with the County Building Department so there would be no such danger of building only to County conditions and then that you would have to take the theater or leave it, There being no further public testimony, the hearing was closed. Councilman Krieger: Before the Council engages in discussion of this particular application involving the variance and the precise plan, I would like to make a motion. Prior to making the motion I would like to take cognizance of the fact that the Mayor of this City has been unfortun- ately detained and is not able to be with us this evening, , This matter as well as subse- quent matters are of great importance to the City of West Covina as presently constituted as well as the future development of this City, With deference to that fact, I would move at this time to withhold action on the requested variance and the precise plan so as to enable the Mayor to participate in the discussions relative to these matters and to cast his vote with ref- erence'to each of these matters. For this purpose, I would move that the matter of Precise Plan of Resign No. 438 and Variance No. 536 be held over with the hearing closed to our next regular adjourned meeting on Monday, January 18, 1965, Mayor Protem Nichols: Would you defer to a question Mr. Heath may have pertinent to his reaction to your motion to hold this over? Councilman Heath: Sometimes there are time elements these developers are working• against. I would like to hear what their statement is. -15- C, C, 1/11/65 Page Sixteen VARIANCE NO, 536 6 PRECISE PI -,AN N0, 438 Continued Councilman Krieger: I have no objection to deferring to a Councilman's discretion in this. matter but I feel basically this is a question for the Council to decide, Mayor Pro Tem Nichols: T would not feel we should recognize a question from the floor while a motion is on the floor before the Council, Councilman Heath: Then I can't second the motion, Mayor Pro Tem Nichols: I -will second Councilman-Krieger's motion because I feel these are matters that we are hearing this evening"that are of utmost importance. for the long-range development of our City and I was very very disappointed that the Mayor was unavoidably detained in Mexico City and could not be here in time to participate in this decision, Councilman Heath: I would like the record to show in light of some of the irresponsible statements that have been made that I have been accused of having an interest: in one of these sites or both of these sites. This is far from the -truth, I do not know either of the applicants and have never seen them.prior to this time right now. As a matter of fact, for the clarification of these people who start.these vehement rumors there was another piece of land I was trying to sell these people. It might be to -my advantage if they do not go on this piece of property, However, I do not have an interest; I have not had an interest;'I have not even proposed this land to these people and did not meet them prior to this date, Mayor Pro Tem Nichols: The record will show that statement, Councilman Jett: This would give the Mayor the opportunity to listen to the tape and,become familiar with it? Councilman Krieger: -We have had an opinion of our City Attorney with reference to the absense of any Councilman from: an open hearing to the effect that if he acquainted.himself with the record of the hearing prior to casting his vote that he was qualified to cast a vote in the matter, However, my motion was made in this context -- even before there was Council discussion this be held so that the Mayor's participation could be in the discussion as well as in,the voting, Action on Councilman Krieger's motion: Motion carried, Mr, Nick Mayo: Is it your intention to also. make such a motion with reference to the plan behind us? Councilman Krieger: It would behoove me to try to not take action on a subsequent agenda 'item on the basis of statements I made with reference to your agenda item, -16- Ca C. 1/11/65 HEARINGS Continued Page Seventeen PRECISE PLAN 1•10, 440 LOCATION: East Garvey Avenue J; K. Eichenbaum (Carousel Theater) between Fairway Lane HELD OVER and Barranca Street, Request for approval of precise plan for theater -in -the -round approved by Planning Commission Resolution No, 1725, Called up by the Council .on December 14, 19640 City Clerk, Mr, Flotteno (Read Planning Commission Resolution No, 172.5,) Mayor Pro Tem Nichols: This is the time and place for the public hearing. IN FAVOR Mr, John Leary I represent Mr, J. K. Eichenbaum 615 South Flower Street owner of the property since 1954 Los Angeles for which Precise Plan No, 440 approval is sought. The executive producers in this theater on this site will be the executive producers at the Melodyland Theater across from Disneyland and the Circle Star. Theater in San Carlos, California. In seeking a site in the San Gabriel Valley these producers carefully investigated a great many available sites. They concluded that the proposed site is the premium area for this type of a theater. The only matter before the Council at this time is the precise plan approval which was previously granted by the Planning Commission by a five -to -nothing vote. It should be noted we don't seek a zone change or a zone variance, Mr. Eichenbaum is the owner of this property; it is properly zoned; it is in the City of West Covina and we require only precise plan appoval. (Presented rendering and explained same,) This is not located in the vicinity of R-1. We believe it will add to the economic value of the property in the vicinity, Your professional staff and the Planning Commission have concluded it meets the Code requirements for precise plans0 The Planning Commission and the staff specified certain conditions to approval and we have reviewed them with the staff and find them fully acceptable. We do not seek to modify or charge those conditions. Since the main points which have been dealt with on the prior applications and which have been dealt with on this application in connection with your staff have been traffic and parking, I would like to have .you hear the views of Mr, Philip Linscott who is a vice president and director of Traffic Management for the well-known architectural firm of Welton and Becket. Is He has 15 year's of experience in the field of traffic and parking management, Mr. Philip Linscott 10000 Santa- I1lonica Boulevard Los Angeles Insofar,as traffic is concerned, it and has access from Grand as well as (Presented rendering and explained same.) The Carousel Theater site lies between Fairway Lane and Barranca, lies between Grand and Barranca access from Barranca, -17- Cd Cd 1/11/65 PRECISE PLAN NO, 440 - Continued Page Eighteen • The parking supply is at issue and the matter of traffic approach and return to the highway system. is the second aspect. The Plan before you now exceeds the City Code requirement in parking supply,, This plan has no tandem parking,. The plan can be redesigned to utilize tandem parking. This would have no more than four cars in each line of tandem parking, This tandem -parking plan would develop a ratio of one parking.space for each 3.27 seats as compared to various discussions,, The previous applicant mentioned my firms Welton and. Becket, was described of Having planned in access of 3000 spaces for the music center in Los Angeles, This is not.quite corrFc-k: because there were 2000 spaces planned for the three theaters in the music center and quite by total design of the civic center the other 1300 spaces would be available to theater patrons but were not planned as a part of the requirement for the music center. The approach routes to the Carousel Theater site includes actual, use of three interchanges, the 730 feet of frontage on Garvey fronts..on this two-way street which will be widened as required by the City to a 52-foot street, adequate space for four traffic lanes, This can be approached from the Barranca Street Interchange, the Citrus Street Tnterchan(e and Crand Avenue, The important thing to me is that all of the local areas north of this site would be best served by the local street system -- Crand Avenue, Citrus Avenue, Azusa Avenue, et cetera., without anv necessity for utilizing freeway as an s_nproach and T..7ithout =v necessl.ty of comma through the Barr Street Iritcrchunge area. or, touching in 'the area of the shopping center because coming down ',rand we have this excellent off -ramp configuration which has capacity in excess of 1000 vehicles per hour., which would give us excellent access from the east on the. north frontage.road to serve traffic from the north as �-7ell as from the east, The actual capacity of the approach routes is determined by the capacity of the north frontage road alone. In my opinion, the capacity of these particular locations will be determined by the.type Of control which is developed at those points, Tf there is no control we can anticipate traffic capacity on the order of 600 vehicles per hour per lane, If there is officer control this can be pushed up to as high as 1000 vehicles per lane, We would be able to develop a showing of a capacity entering the Carousel Theater of up to 2500 vehicles per hour, It is our estimate that this capacity will not be more than 50% required, 400 of the traffic will approach the theater from the east and 60o will approach it from the west, The Longest time it took us to make that half -mile run from the off -ramp through the stop sign, through the two signals across the bridge was two minutes and thirty-five seconds, We found the shortest time and this is in the period of theater loading, from 7:30 to 8:30 on Friday evening, we found the average time for six runs in this period was a minute and forty-two seconds with an average speed of 17.6 miles per hour, The widening program planned will give us two lanes eastbound past the ramp head and to the Carousel Theater parking area,, We have approximately 650 feet between the ramp head and the first planned entrance point. The collectors would be placed as far into the parking lot as possible, The collectors of parking fees would float back to the entrance as the lot filled. f,Je feel we will not be stacking parking back on the street, that by drawing our parking attendants far into the lot we will have a very smooth continuous flow into the lot with few traffic problems on the exterior streets. CO Co 1/11/65 Page Nine -teen PRECISE PLAN NO. 440 - Continued • We have been concerned that the evening peak hour might conflict with ith" evening peak -shopping arrivals at Eastland Shopping Center, For this alone we have checked the traffic figures made by the Engineering Department and we have checked the running time studies and we feel that the problems* which could conceivably occur. can, in large part$ be'solved by changes in existing control patterns ,at the ramp heads. t,Je recommends'e"riou'$ consideration be given to plans to revise the control system at, the ramp. lbea,,d,§� ,;not necessarily to service just a theater but to smooth traffiqe, 'in't , ." t the present time. 'b It is my opinion that it would be wise,tg,'develop a'two-lane off -ramp configuration and permit a two lane left -turn operation through that CD particular intersection, If this cannot be done effectively without officer supervision then it sh6uld,be instituted during peak theater CD arrival periods in order to solve problems.which may arise, Another route would be the consideration of drivin . g on Past the theater site, getting off the freeway at'Holt and going under the freeway and turning left and back to the frontacre.road to 'the theater site. Another' C� point of access would be to develop.a left -turn pocket in the median of Grand Avenue immediately north of the San Bernardino rreewaV Bridge and develop a revised -ramp which would lead up and intersect with the ramp coming off Grand to permit the,traffic from the south to come into this area without the difficulties note experienced. We learned a letter has been submitted by the State in reply to a request for an -analysis of a situation originating with your Director of Public SerV4 Lce and we found that the State Division of Hi(jhwa;ls,.qpestioned whether the present situation without changing any of the control features would.work for this type of theater operation., !fin discussing this at length �-7ith r4r. ,- agreed th at Telford and his Traffic Engineer Mr. Eckhart, it alas hat certain of the changes in control iiould make this an entirely workable situation, that we would not be involved with an unusually difficult traffic situation, I believe such a letter is ilow on.,file with you indicating Suggested changes would be discussed in control procedures with your Director of Public G,Jorks. Mr. John Leary: We must be realistic in ,recognizing we have opposition. To the best of our knowledge it comes not from,home owners in the vicinity but not from small merchants but rather'from a rival theater. group., Our position with respect to them ca'n'be simply stated.- 1,P41e. wish -them the best of success, We believe they have problems and in our judgement serious problems but we do not condition our proceeding with our theater on their not proceeding with their theater, Tf,vou , wish to approve their applications for precise -plan approval and:' zone variance, so be it, G,Te welcome the competition which we hope will spur us both. 'v''. Je are notin,shorto trying,,to bludgeon this Council into ,a choice, We are ready to beg -in construction ncYwo,. Our construction is not dependent upon an annexation which may.or,may not come about and the time of which is certainly not subject.to re4s6nable forecast. We are advised by our contractor that he has alr . eadv submitted to your staff plans and specifications in compliance with the conditions of the Planning Commission and its staff'for a planned check. Vle should have the building permit within a matter of two weeks assuming your approval. Meanwhile,, we have obtained the grading permit and expect to start commencing grading immediatdly,upon',receiving your approval. We have. first of all, ownership of the land in this City, 1,,Je have acceptable plans and specifications _19- • Ca Co 1/11/65 PRECITSE PLAN NO, 440 Continued Page Twenty upon conditions laid down by the City which are fully acceptable to us. The financial stability to add this theater to your tax rolls at,a cost of some $1,345,000 for the taxable physical improvements exclusive of the land, Lastly, the experience and know-how of a combination of persons who are experienced both first a.s builders and developers and as successful producers of two similes theaters in California, Mr, Dan Dare For the second time we have 7 Freedman Way found.ourselves instead of Anaheim being a.ble.to make a presentation we find ourselves on the defense, I find many other errors in their presentation of the computation of cars, I the Valley Music Center can park 1104 cars I'll eat the other four, Mr. Lewis and myself are now operating successfully two theaters, We do very well with 8,7 acres in one place and eight point something in the other, We have no traffic_problems, We don't need any more acreage than that, We have with us the.head of the Traffic Department of Anaheim and certainly we are..near one of the big traffic movers, Disneyland, and, we have no problems there, I would like to get to what is the.purpose of theater, We have heard about traffic problems, plans economics, I would like tc tell you �ahat.,:7e can bring to the culture of the community, We have presented the Royal London Philharmonic, children's theater, first class opera, a symphony by the Los Angeles Symphony Orchestra, I have here an excerli from Variety dated December,30, 1964 entitled "Lewis -Dare Melodyland Tunescript Highlights Legit Surge on Coast".o We are operating successfully. We have no fears about traffic or what we can.present to the community, Mr, Chuck Dowding Point of clarification. It is 1605 South Belmont my understanding that Councilman West Covina Heath called up this application and only this application and at that time P'r, Krieger called up the other application. Is this correct? Mayor Pro Tem Nichols: that, You asked to testify a matter of great importance proper here, Please confine Mr, Chuck Dowding: Mr, Dowding, that was totally improper. I think you know when we have three minutes time left on and you have raised another issue not yourself to the remarks at hand. This particular application has no variance and'as a result doesn't have to meet the four necessary conditions of the variance requirements, Further, I would like to compliment the applicant on the detail on which he has gone into the analysis of the traffic problem, Further, I would like to mention the welfare and health factor of recreation of this type for the people of West Covina, I am sure the people of West Covina really want to go to the theater -in -the round,, IN OPPOSITION Mr, Nick Mayo. We have been told that the specific reason for the requirement of a precise plan regardless of zoning is so that the Planning Department, the Planning Commission, and the City Council can, after a thorough study, decide whether or not greater restrictions than called for by the codes.are necessary to be imposed on any specific proposed development, -20- C, C, 1/11/65 Page Twenty -One PRECISE PLAN NO, 440 - Continued As I have earlier implied. we feel your parking ratio for a theater of this kind is entirely inadequate. Thefore on our site we have voluntarily offered to double it. It is true that the applicant for the Carousel Theater has met the parking requirements of the code, namely he has supplied a little more than the required 825 spaces, The only plan that is before this Council tonight shows 836 spaces, We figure for 3300 seats they would need a minimum of 1220 spaces, If we are right it seems to us the question is what does the City of [Jest Covina propose to do with the 400 cars that cannot get on their lot? At the time of the Planning Commission hearing the Carousel Theater showed their development on that 8,7 acre parcel with vacant land adjacent to it, to the west, belonging to the same property owner, Subsequent to that time this rendering appeared in the newspaper depicting what looks like a seven -story high rise building to the west of the theater, another high density, high traffic use. I would like to call on a traffic expert who has made a traffic study on both sites, Mr, A, L, Hutchison I have 20 years of experience 12.250 LaMaida Street with the State Division of North Hollywood Highways in traffic and planning, the last 7 years as Assistant General Manager of the Department of Traffic of the City of Los . Angeles, Operationwise when one has been in the habit of watching traffic at large gatherings, people do not travel all over, They get off the most direct ramp, The amount of traffic estimated to use the eastbound Garvey Avenue is a rate of 1445 vehicles per hour, That is 725 roughly in that half hour between 7:45 and 8:15, There is at present in that hour between 7:30 and 8:00 a traffic count taken from Blest Covina .City Engineer's Office of 635 vehicles per hour so that we are asking that ramp to carry two and a half times as much traffic as it is now carrying. It is not within a.practical operating facility to move that traffic through a left -turn on Barranca and through a right -turn even under officer control, You will have a tremendous problem at that intersection and at the north Carvey intersection people wanting to get into Eastland Parking Area and you will have a traffic control problem on the frontage road. The people coming from the Pomona area will not get off at Grand Avenue. They u1411 get off at Barranca and you will have another problem of traffic control,, You have no mass transit, Very few people go to a theater by themselves; very few go more than four in a car. Three is a reasonable number. If that 1200 plus parking spaces are not provided there these people will par' over in the A.B.C. lot or over in the Eastland lot and become pedestrians, which is another traffic problem to handle. Strictly on the basis of parking and traffic operation, considerably more work must be done in the area of the Carousel Theater than would be necessary in the Holt Avenue location, Mr, Nick Mayo: The City requested and received a written opinion on the traffic from the State Division of Highr,Tays and also the Mayor of the Citv of Covina has directed a letter to your City regarding these two appli- c-_ticnc-. T would like to ask that these two letters be read at this time. Mayor Pro Tem Nichols: If you would entered into defense that like to have it evidence in your is proper. -21- C, C, 1/11/65 PRECISE PLAN NO. 440 - Continued rage TT-,enty-T,!7o City Clerk, Mr, Flotten: (Read letter re this matter from Oscar G. Yaeger, Mayor, City of Covina, California, dated January 5, 1965,) This letter is to be spread in full in the Minutes: "117e have been informed that on January 11, 1965s the City Council will review the action of the West Covina Planning Commission to allow a theater in the Vicinity of Barranca Avenue and the San Bernardino Freeway, "We recognize the need of such a facility; however, we wish to inform you of our concern for traffic and parking in this area, 1,4e feel that the applicant has not provided the necessary on -site parking to facilitate the projected attendance, and as a result, overflow parking will be encountered by adjacent properties, - "Of vital concern to both of our cities is the means of vehicular access to the proposed site and the effect this traffic will have on the existing traffic carrying capacity of Barranca Avenue, the service road along the north side of the San Bernardino Freeway easterly of Barranca Avenue, and the San Bernardino Freeway off ramp at Barranca Avenue, • "I am sure that your Engineering and Planning Departments as well as ours have conducted preliminary studies of the existing and projected traffic along .these streets and find that there will be a conflict of traffic movement without benefit of additional means of access to the proposed theater, "Prior to final action by the West Covina City Council, we suggest the Division of Highways should be consulted and that the administrative staff of the City of Covina and West Covina meeto to determine appropriate means of access, ;Iith the cooperation of both cities in this matter I am sure we can help alleviate possible traffic conflict to the benefit of both communities and the existing commercial facilities located in this immediate area," Councilman Heath: We have two letters from the Division of Highways, Do we need both of them read? Mr, Nick Mayo: Since I am appearing in opposition I would like the memo that meets this requirement. I would like to have it read into the record, • Councilman Krieger: For the record may I inquire whether Mayor Yaeger of the City of Covina is in the audience tonight or Mr, Telford, District Engineer, is he present? I would like to point out that by reading these letters without these gentlemen who were the writers of these letters'being proponents the proponents are not going to be able;to question them about any statements confined in these letters, -22- C, C. 1/11/65 'PRE'CI`SE 'PLAN NO, 440 - Continued Page Twenty -Three Mayor Pro Tem Nichols: I believe that is a valid point, I believe the point has been made before that a letter entered into testimony with the writer of the letter not present may possibly prejudice the testimony, Councilman Heath: The proponents have an opportunity to rebut anything that is in this letter, Mr, Nick Mayo: The only reason I asked for the letters to be read in their entirety is so that I would not seem to be cribbing from them out of context, Mayor Pro Tem Nichols: We have already set a• precedent here this evening by allowing a letter to be read, We will continue and give permission for this letter to be read at your request and the second letter to be entered into the record by Councilman Heath at his request, Councilman Heath: The second letter from the State refutes the first one, Mayor Pro Tem Nichols: The gentleman has requested the first letter, ' (The following letter is dated January 71 1965 directed to Mr, John Q. Adma,s Director of Public Services, City of West Covina, re this matter, and signed by Edward T. Telford, District Engineer, State Division of Highcaays:) "Reference is made to your letter of December 22, 1964, requesting our comments of the effect that generated theater traffic would have on traffic flow at the Barranca Street and Bold Avenue Interchanges relative to the two proposed theater developments on the frontage roads of the San Bernardino Freeway, "f,,Te have reviewed the traffic conditions at the Barranca Street and Holt Avenue Interchanges and have considered the anticipated theatre -generated traffic volumes which you furnished. Based on the existing street pattern and ramp connections and the traffic estimates as furnished by you, it is believed that there will be a back up on the freeway at both locations, "Considering the local traffic at the Barranca Street Interchange, we believe the theatre traffic will create an intolerable situation, During peak hours we made several trial runs to determine the time it would take an eastbound vehicle to travel from the freeway to the theatre•site, and it was found it took as much as 3 minutes and 48 seconds to travel this route, It is our opinion that even with officer control at the four locations there will be a serious back up of traffic on the freeway for the period when the theatre traffic is arriving, -23- C, Co 1/11/65 PR'EC'ISE PLAN NO, 440 - Continued Page Twenty -Four "Trial runs made during peak hours at the Holt Avenue location indicated that it would take about l minute and 35 seconds to travel from the freeway to.the theatre site, We believe with officer control at the Holt Avenue off -ramp that the theatre -bound traffic can be handled under existing conditions with a minimum amount of back up on the freeway, "These observations are based. strictly on existing street patterns and conditions," Mr, Nick Mayo: Between now and the next meeting of the Council when these two applications might be considered again, will new evidence be allowed3 Mayor.Pro Tem Nichols: No, The hearing on the first matter was closed and no new evidence is allowed to be submitted in connection with those applications, Mr, Nick Mayo: I can hardly see the traffic pattern that the West Covina Traffic Department says would be coming two-thirds from the west passing the Barranca Intersection and going two and a half miles out of the way and coming back to the theater,. The eastbound traffic is undoubtedly going to get off at Barranca and the traffic.pattern is there and it is to turn left onto Barranca while the vehicle is on.t he bridge, making a right turn, and stacking up back past the entrance to the westbound San Bernardino Freeway and the exit from the westbound San Bernardino Freeway and make a left -turn across North Garvey Boulevard onto the site itself, That is the major traffic pattern of the cars that will be coming in t) ggre, If his . traffic pattern is of at.the Grand Avenue exit, does the developer propose to widen -north Garvey Boulevard all the way to the theater as we.have in our plans indicated we are willing to do from.our freeway exit to our theater site? Mr. James Charter I am the manager of the Eastland 433 South Meadow Road Shopping Center, I work for the West Covina May.Company who are the owners. <We- are not 'against the 'enterprise_planQ"''There are,,points we would like to bring out so you can study them, ?e believe the builders are not allowing adequate parking, By the time "this theater.is built we will have competition across the street in the City of Covina, It will be Montgomery Ward; Their parking is inadequate, If this parking is inadequate then the parking will go to Ward's or to Eastland, I think the only reason they are building these theaters on the freeway is because of the traffic which is going to be coming off the freeway into their theaters, This is going to be,a traffic jam at Barranca, If the people decide they will go some place else, get off the freeway at another. point it is because Barranca is going to be so jammed up they realize it is impossible for them to get off, The ideal situation is for them to .go to a new off -ramp at Barranca which I understand is being talked about but how .far away it is I don't know,. lisle are particularly interested in the north side, Barranca Overpass, We are trying to protect ourselves and our customers, I am sure they can have feast adequate access to this theater if you ignore Eastland traffic, (,le hope you -24- C, C, 1/11/65 PRECISE PLAN NO, 440 - Continued Page Twenty -Five will not ignore the traffic we have, People who go to theater are used to waiting in traffic but ladies that go shopping do not like this; they don't like theater traffic uahen thev are on the wav to the shopping center, We would like to see if there is some wav that we can both share this and not cut off our customers during the time the theater traffic is coming in,. The *people directing the traffi..c i.n these four locations, it is my understanding that the people that ar.e directing traffic do not have to be City policemen; they can be anybody, T would like you to consider that these men if they are on the Citv streets directing traffic will be authorized representatives of, your Police Department and their duty is. to see that traffic not only goes to the theater but also access is allowed into Eastland, REBUTTAL Mr, Philip Linseott. I believe Mr. Hutchison has added an estimate of off -ramp traffic to existing traffic twice. In my estimation of 540 vehicles in the 40-minute period of theater loading this is at variance with someone else's estimate, I can't help it if someone has a different estimate, If I equate my 540 vehicles in this period and add that to the six hundred plus -- in my opinion this flow can be handled in a two-lane off -ramp and two lanes through the intersection. Regarding the letter from Mr, Telford, we r.ecieved a.copv of this on Friday and it i,Yas quite disturbing to see the word "intolerable" written therein, ",le called him and asked him what he meant by "intolerable" and he said, "Under present conditions without any changes from existing, conditions, without any street widening" and he felt the condition would be intolerable, I told him we feel that conditions can be changed at very limited cost, that studies are already underwaY for changes to the ramp heads to permit facilitation of traffic .floT.7 and that the problem can be solved and I went in and talked to hi.m about it and P1r, Telford wrote a second letter stating in effect that if traffic improvem.erts Caere made in the area that the theater traffic could be handled. He suggested in his letter that myself and Mr. Adams get together and go over these.various proposed improvements and see if these things couldn't be worked.out to the satisfaction of the City of West Covina, I believe it would be appropriate to have this second letter .read but I will leave it to the Mavor's discretion on whether he.would like to have it read or whether to permit it merely to be entered into evidence, Councilman Heath: I would like this letter spread in full i n the Minutes, 1 (The following letter is -dated January 11, 1965, directed to r°1r, John Q. Adams, Director. of Public Services, City of. G,Iest Covina, re this matter, and signed by Mr,, Edward T, Telford, District Engineer, State Division of Highways:.) "Reference is made to your letter of December 22, 1964 and to our reply of January 7, 1.965, relative to the anticipated traffic situation at Barranca Street and Holt Avenue interchanges, as affected by two proposed theater developments in that area, "P1r, Phil Linscott has discussed the matter in my office and feels that there are some things not satisfactorily set forth in our letter of January 7, Tn that -25- C. C, 1/11/65 PRECISE PLAN NO, 440 - Continued Page Twenty -Six connection, I must point out that our reply of January 7 was necessarily pointed to specific conditions which yours of December 22 set forth, I'Mr, Linscott has pointed out that his clients.do recognize the existence of problems and it is their understanding that, for example, the wideni= of the frontage road to a 52-foot paved width at least as far as the ramp connection, is.to be accomplished at substantially the same time as the construction of the theater, "Our concern is primarily with any set of circumstances which would back traffic on to the freeway as a regular or frequent occurrence, The .rapid increase in population and traffic in the Glest Covina area, has, throughout the years, created an increasing demand on every traffic facility, It is our understanding that your staff and Mr. Linscott have discussed many of these problems and that certain improvements in traffic flow over. and above those included. in previous correspondence are contemplated. Tf these changes or improvements can provide su-f.icient capacity to avoid backup of traffic on to the freeway, the, of course, our problem would, be solved, "I would suggest that this matter be reviewed with Mr. Linscott, and if you feel that a satisfactory solution can be arrived at, i.ae ��i.11, of course, be.,,, very happy to cons '.der the matter from our standpoint." Mr, John Leary: The letter speaks for itself and we believe -it subscribes that the State Highway Department believes things could be worked cut with I1r. Adams of your local department, ?le think there is significance of the fact that in opposition to our precise plan we have heard only from the rival theater group and in a somewhat half-wa�,7 .fashion from Mr, Charter �.aho spoke commendably to the points he wished to make but I understood him to say he is not against the entire precise plan, There is no homeowner opposition nor is there opposition from any small merchants in this.,City, !:le would certainly be willing to work with the May'Company and those in the Eastland Shopping Center and with the other merchantile and home owners to the north. Improper parking or traffic would be economic disaster for us and we are not willing to court. - that, �,,!e request only precise plan approval for our precise plan, ?,,Ie do neither request nor demand that another economic rival be turned do I�M Councilman Heath: I find myself, if not this Council, in a dilemma at this point, I know there are a number of questions I would like to ask the applicants.in this case and looking back now there are a number of questions I should have asked the previous applicant and I was assuming that we could ask these questions next week, I would like to point out the dilemma we are in or at least that I am in, In a recent Board of Supervisor's Fleeting Supervisor. IIahn requested permission to ask some information from a department head at the final decision of a case which was many months after the hearing was closed, The County Counsel ruled that -Mr. Hahn could not ask the department head a question since the hearing was closed and that should he ask a question of the department head he is introducing new information and the opponents would not have an opportunity to oppose or rebut the statement, In light of this, -26- • • C, C, 1/11/65 PRECISE PLAN NO, 440 - Continued Page Twenty -Seven I don't know if we can ask questions next week because if we do ask questions next week we as Councilmen are presenting new information which the opponents may or may not be able to rebut because the hearing is closed, Councilman Krieger: I can -It understand this confusion on this particular subject matter, This is no. different than anv other an_nlication as far as procedure is concerned, Our. City Attorney has been consistent in the past in allowing the Council during discussion after the hearing is closed to ask any questions that remain unanswered in their .mind and this may differ from the County Counsel's opinion but we are following the advice of our City Attornev so I don't see i;aher.e there should be anv quandry in any Councilman's mind as to the rights being held over to next week, At that time it`certa._nly is.my understanding that it is within the province of any Councilman to explore any area during Council discussion that is of interest to him and that each Councilman as he has in the past on other applications will take full advantage of this. I think it is to the advantage of the applicants in both of these instances to.be present to have available for questions anyone that was present this evening in'support of their application. This certainly does not preclude the right of any Councilman, as I.understand it, to exercise his rights .of inquiry, Mayor Pro Tem Nichols: Councilman Heath: I would -agree. May I refer you to our. City Attornev? Acting City Attorne�.7, Mr. Newell: The County Counsel has ruled that :and '. T agreed T,75..th h r.. Harry Williams has ruled otherwise and I"will get a ruling from Mr. Williams. I will not answer your- question now. Tf Harry Williams has ruled that you can ask, staff members or a-DPlicants I �,iill go along with Mr. Williams' ruling, Councilman Heath: T Do we close Harrk� rules County Counsel then we have shut off all possibility we hold this.hear,ing open and find out what H.arrv's this hearing and in line with the of questions.or do rul _n.g is? - Mayor Pro Tem Nichols: I don't propose to treat this hearing any differently than I did the first hearing. T do believe the City Attornev has ruled consistently in the nine months that I have served on this Council and I have asked many many inquiries 'after hearings have been closed and I would see no reason to anticipate that the Council ?could be asked'to operate under any basis we have-not operated under before. Councilman Krieger:. items might well come prepared next testimony because I believe each of to explore with them. I would suggest that the appli- cants in each of these agenda week to answer questions on their us have certain areas that we want There being no further public testimony,, the hearing was closed. -27- Co C. 1/11/65 PRECISE'.PLAN NO. 440-Continued: Page 'Twenty -Fight Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Precise Plan of resign No. 449 be held over to the next adjourned regular meeting of the City Council on January 18, 1965 with the hearing closed for action and discussion, ZONE CHANGE NO. 327 Eton Investment Corp, APPROVED (R-P) LOCATION: easterly of Glendora on the north side of Service Avenue Request to reclassify from Zone R-A to Zone C-1 approved as to R-P by Planning Commission Resolution No. 1728. Mayor Protem Nichols: This is the time and place for the public hearing. There being no public testimony, the hearing was closed. Councilman Jett: Was there any specific uses discussed for this property? Planning Director, Mr. Joseph: At the public hearing before the Planning Commission the gentleman testified he was thinking of general offices for this property and that is the only use. There was nothing specific. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Zone Change No, 327 be approved to reclassify from Zone R-A to Zone R-P. ZONE CHANGE NO, 330 LOCATION: South side of Garvey Ma Jo Young & Co M. Brooks Avenue between Citrus APPROVED and Barranca. Request to reclassify from Zone C-1 to Zone C-2 approved by Planning Commission Resolution.No< 1729. City Clerk, Mr. Flotten: (Read Planning Commission Reso- lution No. 1729.) Mayor Protem Nicholse This is the time and place for the public hearing. IN FAVOR Mr. John T. Tomlinson, Jr, I represent the applicants. We 5251 D Street go along with the excellent recom- Chino mendations of. the Planning Director and the Planning Commission in their resolution. We propose a Cadillac agency in this location. There have been a great number of C-2 uses granted in this area. We feel this is commensurate with the General Plan, SRO 1 0 I I C. C. 1/11/65 Page Twenty -Nine ZONECHANGE NO, 330 Continued There being no further public testimony, the hearing was closed, Councilman Heath: Planning Director, Mr, Joseph: Ghat percentage of this is developed'as C-2? -We have outdoor eating for the Orange Julius, We have dancing in a cabaret. We have an eight - story office building approved, We have a boi.>>ling alley. We have a 15-story office building proposed, We have two motels, the Mountain View and the Ninety -Nine Motel, Then we have the Caravan Tnn which has dancing, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that Zone Change No. 330 be approved to Zone C-2. Councilman Jett: Do you know for sure that this zone will permit a Cadillac agency? Planning Director, Mr, Joseph: Yes, This agency is permitted in a C-2 zone, A suggested use as to what may or may not be proposed on the property was not considered by the Planning Commission during its discussion. We only considered this property as to whether or not this is a good or bad place for C-2. Councilman Jett: We had a similar situation in which a party came in and received approval for an automobile agency and everything was approved and the ordinance was redrafted and as a result the party was denied the agency which left the property vacant, Tf we grant this type of zoning in here this is going to be any type of an automotive use, Mr. John T. Tomlinson: We have' an escrow pending the last condition of which is the granting of this zone change. We already have the factory approval for this type of activity to be conducted. in that area, This is our last hurdle that we have to go over with the exception ?)ossibly of the precise plan if there be such a precise plan that has to come before you. We also have engineering completed and we have engaged an architect to draw up.plans and specifications for a new Cadillac agency, Councilman Krieger: I would like to state for the record that in voting on this matter and seconding Councilman Heath's motion T did not mean to convey any attitude or impression or sentiments about a precise plan or about a precise use. We have this same situation as we had on the Yaeger property where our zoning was behind our. uses, My feelings on this particular zone application are predicated upon a reconciliation of zoning to, in fact, uses. I would hope that the matter before the Council would be treated and considered as .it:properly should be as only a zone change without specificity of the development of any property within that zone so as not to bind in any way this Council to this applicant. -29- s f U C, C, 1/11/65 ZONE CHANGE NO. 330 Continued Councilman Jett: Page Thirty I can't help but feel, and I predicate a lot of my thinking and my voting record will bear this out, that if I feel a piece of property can justify a certain type of use then that is the type!of zoning I will be willing to vote for, If, in my opinion, there is any question as to whether this use would be a good use for this area then I wouldn't go for the zoning. AMENDMENT NO, 66 City Initiated HELD OVER, City Clerk, Mr. Flotten: i Mayor Pro Tem Nichols: IN FAVOR Request to amend the sign pro:. - visions set forth in Chapters two and four of the Municipal Code. Approval recommended by Planning Commission Resolution No. 1726. (Read Planning Commission Resolution No. 1726.) This is the time and place for the public hearing. Mr. James Charter I know how hard and diligent 433 South Meadow Road your Planning Director and his West Covina staff have worked on this ordinance and I know he has talked with me regarding our problems at Eastland Shopping Center, I think it is a good ordinance. I think it is a fair ordinance and I hope you will pass on it favorably. IN OPPOSITION Mr. Ed Cronon I am the executive director for 4461 Melrose Avenue the California Electric Sign Los Angeles Industry. We represent 83% of the people in the electric sign industry in.the State of California. Our Industry only became cognizant of this ordinance at a very late hour, When we became cognizant of this ordinance it was subsequent to the hearing held by the Planning Commission, We feel from the industry point of view a sign ordinance which we must live with and since we do work very closely with the State of California in legislation, we are interested in'a strict ordinance but we have to live with this ordinance with your merchants and we as an industry must survive, Because we have not had the time to study it we request this Council to either hold i_t over for further study or refer it back to the Planning Commission to give us an opportunity to work through the Planning Commission, Councilman Heath: the book long enough to read it through. reasons for asking to hold this over? Mr. Ed Cronon: I understand your request, However, you must have had Have you any specific Yes, because there are some sections in our scanning that could use review, C, C, 1/11/65 Page Thirty -One AMENDMENT NO, 66 - Continued Councilman Heath:" This has been pending for a long time and it has been widely distributed and for you to ask us to hold it over without giving a specific reason, it is hard to comprehend, If you have a legitimate complaint against the ordinance then I think we might be able to hold it over but we have to know whether it is a legitimate complaint or just a passing comment that you would like to review it, Mr, Ed Cronon: In No, 4 it is the choice of wording that leaves us at a loss. There is a limitation imposed on the square footage of a sign T,ahen in a commercial zone, Councilman Heath: You feel you can go over the wording and change it into such a wav we can cut down on our variance requests? Mr, Ed Cronon; Yes. 1'Iv Legislative Committee feels this is the case and that is why I am here tonight, REBUTTAL Mr, James Charter: It seems strnage to me this organization, if they represent the majority of the sign men, was not aware of it because I contacted, I think, six different sign companies about a sign to put up and I told them that we couldn't put it up under the ordinance in effect now, that the ordinance was being revised and it is possible we could then erect a sign, Out of these six companies certainly one of them caould have been a member of this organization, In the experience I have had the sign manufacturers come into this down, they know nothing about the ordinance; they are just trying to sell a sign to one of the Eastland tenants and in several occasions they have had to cut it down to size and it has cost the tenant money, That is one reason I want to see the sign ordinance go through and I think the sign people in West Covina should wake up and find out what is going on, Mr, John Gardner This matter of signs came un 1100.West Garvey Boulevard before the Chamber of Commerce, West Covina was studied by their Board for some time, We made recom- mendations through the Planning Commission and ultimately to the City Council as to our feelings, It is our feeling as the ordinance now stands in front of you will do the job for this Citv. We are aware it will call for certain variances under certain circumstances but to protect the looks and the feeling we want to strive for in this City we feel in certain cases variances should be asked for but to come out with a clear-cut sign ordinance of this kind I think is what we need, Is Councilman Jett: This is something I have personally worked on. I happened to be a member of the Chamber and I was.appointed as chairman of the Sign Ordinance Committee to make a study of the sign ordinance, At that time there was a lot of discussion and d:issention about the sign ordinance and there were a lot of variances before the Council and the Planning Commission and it was almost impossible to get a variance approved, As chairman of that committee, the first meeting we had the man who was chairman for the committee of the Chamber was also appointed to my committee and he was chairman when it Baas approved, We met for this meeting and immediately he got up and said he saw no -31- s • • C, C. 1/11/65 AMENDMENT NO, 66- Continued Page Thirty -Two reason to review it and that was the last meeting we had and that was the last that was done because nobody would have anything to do about it, I don't know of any member of any sign firm who was consulted about that ordinance. At this time I say the main thing we must do on these signs is to get those people who are familiar with signs, familiar with working with them, the ordinances in other areas, to give us suggestions, Recently Allstate Insurance Company -- one of their men made the statement that they would not have located in the City of West Covina had they known they would be subjected to the problems they have had on the sign, Before we close this hearing and Lefore we _pass on this amendment, if there are some gentlemen connected with the sign companies who can contribute something to the ordinance I think it should be held over and they should be contacted and brought in and given an opportunity to work with the Planning Department and come out with something that is workable. I would be for holding this over and I would so make such a motion. Move that Amendment No. 66 be held over with the hearing held open to give the people in the sign business an opportunity to look the ordinance over and if they can come before us with something that is worthwhile they are more than welcome; that we refer this matter back to the Planning Commission for further study, Councilman Krieger: 1,,lould you accept an amendment to your motion to continue this matter with the hearing held open to the meeting of February 1, 1965? Councilman Jett; Councilman Krieger: Yes, I would second it on that basis. Action on Councilman Jett's motion: Carried, AMENDMENT NO, 67 City Initiated HELD OVER City Clerk, Mr, Flotten: Request to amend Section 9219.12 of the 'rarest Covina Municipal Code as it relates to out door display and sale of merchandise and temporary signs relating thereto during special promotional events, Approval recommended by Planning Commission Resolu- tion No, 1727. (Read Planning.Commission Resolution No. 1727.) Councilman Heath: Isn't the first requirement working a hardship on some merchants where portions of the parking lot are public property? Planning Director, Mr, Joseph: We have not touched that part because it hasn't presented a problem, I imagine there is a question of liability with the City, -32- Ca C, 1/11/65 AMENDMENT NO, 67 - Continued Page Thirty -Three Councilman Heath: Is the old center constructed 0 in such a manner that City property comes right up to the front of the buildings? Councilman Jett: Yes, f s Councilman Heath: Planning Director, Mr, Joseph: Mayor Pro Tem Nichols: 'I'N FAVOR Thev could not then hold an outdoor sale? They could hold it in the back. This is the time and place for the public hearing, Mr, James Charter The sidewalks that are used 433 South Meadow Road for our sidewalk sales are West Covina kept up and taxes are paid on them. so we do have a little bit of a privilege in using those sidewalks more so than someone where they had a public sidewalk in front of their building paid for by public money, Items A through E of this ordinance have been gone over with the Chamber, I represent the 50 merchants at Eastland and we believe that this ordinance is very livable, Mr, Philip Wax I was also on the committee 1014 [Jest Garvey of the Chamber reviewing West Covina this, This was between Eastland, Plaza and other representative merchants throughout the City. The big question that came out of this is what constitutes a shopping center. Nobody seemed to have a proper answer for. it. If you allow some stores that are penalized that don't have the proper private parking in front to run their sales then you might as well have little stores throughout the community facing on the street having the privilege of having sales on sidewalks. There being -no further public testimony, the hearing was closed, Councilman Krieger: I would be inclined to treat this matter as a recommendation from the Planning Commission that we might better spend our time on in an adjourned meeting for study purposes, Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that Amendment No, 67 be held over with the hearing closed to the meeting of February 1, 1965 for discussion, Councilman Jett: Planning Director, Mr, Joseph: you would adopt Amendment No, 68 and that would take care of this. Haven't you now defined the shopping center as 700000 square feet? We have defined it both for signs and for parking, If we will define a shopping center -33 • C, C, 1/11/65 HEARINGS Continued AMENDMENT N0, 68 City Initiated APPROVED Mayor Pro Tem Nichols: Page Thirty -Four Request to amend Section.9219,14 of the [.Jest Covina Municipal Code relating to required amounts of off-street parking approved. by Planning Commission Resolution No, 1716, Hearing kept open from December 14 to December 28, Held over from December 28, hearing still open. The hearing is still open, Is there anyone wishing; to give testimony in this matter? (There was no testimony offered,) There being no further public testimony, the hearing was closed, Councilman Heath: In this new. plan have we talked about anything concerning the change in the requirements for theater parking? Planning Director, Mr, Joseph: in West Covina now, The ordinance is all places of public assembly. We have two theaters in existence and one proposed written in such a way to include Councilman Heath: I think the testimony we heard tonight should'be considered when you start thinking about this, I notice that throughout the City there are a number of houses that are converting; their garages into living rooms and leaving practically no place, to park a car', Planning Director, Mr., Joseph: In February of. 1964 you adopted the narking ratio for residential units,, The Building Department .is requiring an enclosure for two automobiles based upon the new narking ratio for anyone who wants to enclose a garage, Councilman Heath: There has been a permit granted within the past month on Glen Alan, one of the Brutocao houses, where they have closed up the garage, put a big window in the front and the only parking they have is on aslant, side by side, in the 25-foot setback and no provisions for a garage, Planning Director, Mr, Joseph: �!Ije can check this out, Councilman Krieger: The City Attorney was supposed to give us an ordinance to this effect but I don't think there has been the opportunity to prepare -that ordinance, Planning Director, Mr, Joseph: I talked with Mr. Williams on this and he would rather the City Council close the public hearing, V.Thich you did tonight, and then he would proceed and write the ordinance, -34- C, C, 1/11/65 Page Thirty -Five AMENDMENT NO', 68 Continued Motion by Councilman Krieger, seconded by Councilman Jett, and carried, that Amendment No, 68 be approved and that the City Attorney be directed to prepare an ordinance in accordance with Amendment No. 68 as amended by the City Council, SOUTHERLY ANNEXATION DISTRICT NO, 188 LOCATION: Southerly extension PROTEST HEARING of Azusa Avenue Hearing of protests or objections set for this date by Resolution No. 3047 adopted November 30, 1964. City Clerk, Mr, Flotten: Let the record show that this annexation was approved by the Regional Planning Commission on October 149 1964, by the Los Angeles Formation Commission on November 25, 1964. On November 30, 1964 the City Council adopted Resolution No. 3047 giving notice of the proposed annexation and set January 11 as the date -of hearing. This notice was published on December 10 and December 17. On December 23 we received the report from the Registrar of Voters. There are no registered voters in the area, The annexation consists of 42.20 acres of land, The assessed valuation is $8,250,00. There have been no protests, written or oral, received up to this date, i,,Ie do have a letter signed by C.S,T. Engineering Company, signed byEdwin T. Thayer, Copies of this letter have been sent to the Council, The request is that this hearing be held open until February 8, 1965. "As you know the State of California and the County of Los Angeles are coordinating the design and construction of Azusa Avenue, Mr. Oschin is prepared to grant the right-of-way for Azusa without consideration in this matter to the State of California and/or the County of Los Angeles if he is able to develop the property after getting the R-2 zoning that he requests, These negotiations and arrangements between these agencies are not yet complete and this delay in the Council action in the matter of the annexation would be of benefit to all concerned as it would allow these negotiations to be more completely accomplishedat a later date," Mayor Pro Tem Nichols: This is the time and place for the public hearing. Councilman Heath: I know about these negotiations with the State and I would think it would be to our advantage to hold this over at the applicant's request with the hearing open. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that this public hearing on Southerly Annexation No. 188 be held over with the hearing held open to the regular meeting of February 8, 1965 at the request of the applicant and that any testimony be given at that time, -35- C. C, 1/11/65 Page Thirty-S.ix ORAL COMMUNICATIONS METES & BOUNDS NO, 135-2239- REV, 1 Mayor Pro Tem Nichols: Since Mr, Ebiner was not here at the -time we held our Oral Communications, we will give him an .opportunity to speak at this time. Mr, Robert Ebinero At this point while I have tried to alleviate the confusion of the neighborhood I.have been unsuccessful since if, in fact, the notice -which was given to the adjacent property owners pursuant to the ordinance in existence in January and February of 1964 was inadequate then it would appear that we would be back at a starting point of having to follow through and conduct the entire proceedings all over again and if that is true then we had, in fact, an initial proceeding last week before the Planning Commission and we now have the matter before the City Council, If the notice was, in fact, properly given initially then there was no purpose in the hearing held before the Planning Commission last week and there is no purpose for this proceeding here this evening. Try as I may to determine what the circumstances are and much of what I am saving is duplicating what I had to say last week, I spoke with Mr, Terzi-an of the City Attorney's office and he was very helpful -and candid and indicated that the hearing which was held last week before the Planning Commission and the. notice sent out to the proponents adjacent to the subdivision was actually a matter of form only and'I can't frankly understand a hearing was a matter of form only, one which has already reached a decision precluding a different result from what would normally expect. In other words, it is my understanding that we have hearings for the purpose of advancing testimony both pro and con and for the hearing body to determine whether or not the particular proposal is good or bad for the City to be accepted or rejected and yet the purpose of the hearing last week and apparently what we had before the City this evening was a recommendation and report of that hearing had no effect since the conclusion was already made up before we had the hearing so I bring this to the City's attention because it appears that the opponents to the subdivision are in the unfortunate position of being told they can attend a hearing, present their position and their facts and at the same time having been foretold that the results of the hearing are forclosed against them and it seems to me this is not the purpose of hearings. If someone can explain to me and to my clients why and how this can.come about I think our people who did not receive notice and insist that the notice requirements of a statute in existence at this time when the matter was first brought up before these bodies was improper then I think we have accomplished something® The a le p op I represent object because they were not given notice, Some of the people in the neighborhood who are adjacent to the subdivision admittedly received notices but the ones I represent, and there are six, and the names appear on the affidavit in the file, did not and they complained that they never did have their day for either the Planning Commission or the City Council, that they were not able to indicate to the bodies in question the deficiencies they feel they had a right to show. We seem to be foreclosed, The City has two choices, face a possible -36- • C, C, 1/11/65 Page Thirty -Seven METES BOUNDS N0, 135-223(1) - Continued lawsuit from the developer -subdivider or face a possible lawsuit from the adjoining pro.perty owners who claim that the inadequate notice was given and taking the lesser of the two evils concluded it was the safer course to continue the proceeding as it had not revoked the building permit, permit the building to continue even when the matter was brought to this body's attention when nothing had been done except the removal of orange trees which existed on the property. Thank you for the opportunity of presenting our complaint and pointing out these deficiencies which we feel still have not been resolved to our people's satisfaction, Councilman Heath: What do you want us to do? Mr, Robert Ebiner: It seems to me that the pro- ceeding was inadequate and what we complain about is that the hearing which has been granted is not a hearing in fact; it is a hearing in form only and we were permitted to come up and say what we wanted but you didn't listen to us, It seems to me that the conclusion was reached that this was the only. course which could be taken and upon the advice of the City Attorney's office this decision was reached and passed, upon and this is what we object to that we have not been at any time been given an opportunity to present our side of the case in an open proceeding to the men of the Planning Commission and the City Council who ordinarily sit with open minds without having had decided the issues until all the testimony was in, Councilman Heath: it because I don't like this kind notification, is there a provision by posting in th-e field, notify by one of these or are we required to If there i-:ras any way of knocking this key_ lot out, I would do of a.lot. Tn the ordinance for where we may notify by mail, notify advertising; in the paper or any do all three? Planning Director, Mr, Joseph: ',ghat you are saying has to do with zoning cases or precise plans, Section 9116 states that only those property owners contiguous to the land being subdivided have to be notified by mail, 'Councilman Krieg r Mr ._Ebiner in his presentation — suggests that this Council had two courses of action and neither one of which were particulariv tasteful and we chose the safer one or less distasteful. That wasn't my understanding of the presentationwe had or the opinion we had by the City Attorney, It was my understanding that we had no courses of action open to us; that the matter was at the state where we could not revoke the building permit; that the proceedings reinitiated before the Planning Commission were for the sole and simple purpose of remedying a procedural defect in the affidavit and that was the sum and substance of our pocaers in that matter. If there were, in fact, the choices that you suggest, Mr. Ebiner, perhaps our decision might have been a little easier than in fact it t.aas, . Mr, Robert Ebiner: The question involved was the efficacy of the affidavits filed by the owner of the property, If this was the only defici_encv and if this was all this body was trying to accomplish at the time it was called to their attention it would have been a simple procedure to call upon the present owners and advise them there was a deficiency -37- • • Is C, Co 1/11/65 Page Thirty -Eight METES 6 BOUNDS N0, 135-223(1) - Continued in the file and theyneeded to present an affidavit giving the names and addresses and persons to whom notice was given and it would have been a simple mechanical act to perform without another hearing, Mayor Pro Tem Nichols: There were two communications to the property owners in respect to what you term the second hearing. The first communication was the notice of hearing and the second communication was a stipulation and notice to the property owners that this was, in effect, a hearing only in a very limited sense and there would be no purpose or no function served by the hearing other than to correct the record in relation to the original error committed so all property owners were duly notified and knew in advance of this second hearing that it was not, in effect, a true hearing in the sense of being able to provide an opportunity for them to testify in the matter, Mr, Robert Ebiner: This is true, Mayor Pro Tem Nichols: I would like to convey my own thoughts in this matter, I regret very very much that this matter developed in the wav it did. I feel there are many people who are innocent parties and some who feel truly they have been injured by this matter but the actions that this Council have taken were taken each step of the way in good faith and upon the advice of legal counsel, such legal counsel being binding upon this Council in its actions so I would s,ee no point in my own mind where l as a Councilman, not as a citizen, could see any avenue to reversing any action this Council has taken, Councilman Jett: Councilman Krieger: is not the test, The test is the mailing that the proponent filed, not the fact that some people came fact the test then we would always and stating they didn't receive.a I think that pretty much speaks how I feel, . The mere fact that they say they did not receive the notice sufficienev of the affidavit of This is what .reinstituted everything, forward, because if that were in be subject to someone coming forward notice, As far as the procedure, whether or not there was efficacy in the procedure or not, there again we were abiding by the recommendations of our Citv Attorney as to what we should do to rectify a procedural defect, The net result is Obvious, You are right back where you were when your clients first came in to express their dissatisfaction, CITY MANAGER REPORTS WATER RESOURCES REPORT Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that this matter be held over to the meeting of January 18, 1965. -38- C. C. 1/11/65 Page Thirty -Nine CITY MANAGER REPORTS - Continued SIDEWALK COMPLAINT • 1. Workman Avenue City Manager, Mr, Aiassa: We have had numerous phone calls and there are letters on file and Mr, Winters, I believe, has contacted all the Councilmen, Public Services Director, Mr, Adams: (Presented map and explained name,) Councilman Heath- We have started a sidewalk program with the intentions of eventually completing the entire City, With all due respect to the complainant in this case if we start making an exception here we will have others and we will never get it done. I think it is a necessity that it be completed 1000. To go back at a later date and put in these sidewalks is an added cost, Councilman Jett; Councilman Krieger: property owners are concerned, convince them otherwise, It is is concerned and I think that we consideration and be dictated by I have always advocated sidewalks because I feel the school children need them, It is obviously incompatable as far as the individual There is nothing we can say that will good as far as the needs of the City have to take that 'into Primary that, Mr, Joseph L. Graves I have been contacted by Mr. Attorney and Mrs, Floyd Winters Monterey Park relative to this matter and at the outset I merely had been advised by him that he felt the people in his area seriously opposed it and he felt they would be willing to compromise at a sidewalk at the curbline rather than on most of the properties as much as seven feet inside, He indicated.that a majority of the property owners opposed sidewalks but he felt they could be persuaded to accept a sidewalk at the curbline, 11�7rote a letter with this in mind and I heard nothing, City Manager, Mr, Aiassa: f� letter was written by the City Clerk on January 7 in reply to your letter of. the 4th of January, Mr, Joseph L. Graves: My original letter was dated October 28, Of the 14 on the street we were unable to contact two, One favors it. One doesn't care one way or the other and the others do not want sidewalks and are convinced that the City of West Covina is taking a Position that we think it is a good idea so we will put the sidewalk in and we will put it in where we want it whether you like it or. not," All I have done in my letter is advise you people I thought you had a bad public relations problem. I went to get a petition signed to show a compromise would work, I couldn't get it signed, Six people said they don't want sidewalks under anv circumstances, I feel the information I have received from Mr', Adams is that he would be happy to talk to the people down there about these sidewalks. I have never been able to understand why it could not be a curbline sidewalk, I have seen them .all over .the City of Monterey Park, -39- is E, S C, C, 1/11/65 Page Forty S`I'DEWALK COMPLAINT (WORKMAN AVENUE) - Continued Councilman Heath: I do know we had a public hearing before we installed this sidewalk program where people could protest. On this request of putting a sidewalk next to the curb I don't go along with you on that purely because of the fact of what you show here on the pictures. We have established on the Council and I think many other cities have also that sidewalks next to the curb are a dangerous situation because children playing on those sidewalks can too easily roll into the street, I am afraid if we start making exceptions in this area here we are not going to get our City done the way it should be done, The letter of protest was read at the public hearing and it was overruled, Mr, Joseph L. Graves: I didn't know that this went to public hearing, It was my understanding inasmuch as the City already owned the public parkway and were putting up the money that they didn't have a public hearing, Mayor Pro Tem Nichols: I do not see this room full tonight of irate people from (-workman Avenue and I have not received any.contact as a City Councilman from any resident.in that area in objection to this. I have received no communications except two or three from people objecting so there probably are other sides. As one Councilman I have digested very much material that has come through in all these areas and I would see no reason to change the Counci_l's position in this matter, Councilman Krieger: The only thing I would add to that is Mr. Graves' comment on the public relations job that this City does not do, Mr, Graves, I would take grave exception with you on that particular element. I have seen and had occasion to observe the public relations effort of the staff of this City to the extent that you, sir, would not take the abuse that they have taken day-in'and day -out on some of these projects which are of desperate need of. the City. There are some people that are not going to listen, They don't care, They only want one side heard and that is the only side that there can be, These gentlemen are vested with a certaJn responsibi_lit,,, and to my knowledge they have always carri_eci them out to the best of their ability and in a manner that is fitting themselves as well as this City, I don't believe your client on the record before us has any justification at all for accusing the staff of this City in any manner whatsoever of lacking in respect for his rights or not according him as a citizen of this City or in lacking in any manner in the area of public relations. I think if we do anything in this particular area we bend backwards to the extent that I. as an individual, if I had their job, could never do, Councilman Heath: Mayor Pro Tem Nichols: expressed a prior position in respect to indication or desire on the part of the position, That is our stand tonight. I think we have no alternative except to go ahead with our program, This was a matter of report only and the Council has sidewalks and there was no Council to depart from that -40- Co Co 1/11/65 Page Forty -One CITY MANAGER REPORTS - Continued: COUNTY ORDINANCE NO, 5582 City Manager, Mr, Aiassa: Our stand is'still right -but it is one of those things where you can be out maneuvered whether you are right or wrong, Councilman Heath: I had absolutely nobody'on that with me. We can'hold this off until the next meeting, RADIO BOOSTER STATION City Manager, Mr. Aiassa: We will hold this over, CAPITAL EXPENDITURES FROM UNAPPROPRIATED BUDGET RESERVE City Manager, Mr. Aiassa: I would like to have the Council accept the staff report be6aus6 we discussed this at our study session. I would like to put the order in for that fire truck, A. To be appropriated within the General Fund 1) $ 5,000 for initiation of Data Processing - 9 Account 121-737.8 2) $20,000 for Workmen®s Compensation Premiums - Account 121-734.1 Bo To be transferred to Fund 128 1951 General Obligation Bond Interest and Redemption Fund $45,000 to fund the City°s present outstanding bonded debt Co Transfers to the Capital Outlay Fund from the Unappropriated Fund Balance of the General Fund for purposes as indicated. If a Capital Project Account Number has been assigned as of this date, it is indicated also. 1) $25,000 - Leeds, Hill & Jewett Water Study; Project #6510. 2) $40,000 - Additional appropriation Project #6413 to acquire Allsop property for Fire Station No. 2. 3) $14,000 - To replace street sweeper. Project 6518. 4) $32,000 - To purchase 1250 GPM Fire Pumper. Project 6519. 5) $ 6,000 - Site, Fire Station No. 6, Annexation 158. Is First increment, Project 6520. 6) $22,500 - Public Safety Radio Remote Relay Station,Project 6521. 7) $20,000 - Corporation Yard improvements. Project 6522. First increment,' 8) $20,000 - Cortez Park, Irrigation of existing park areas. Project 6425, -41- C. C. 1/11/65 Page Forty -Two CITY MANAGER REPORTS - Continued Capital Expenditures - Continued: 9) $50,000 - Additional appropriation for General Governmental' Buildings purposes. Project #6400. 10) $ 4,000 - New loader unit for dump truck. Project 6523. 11) $ 4,000 - Bond consultants - Financial, Legal. Project 6524. D. To be transferred to the Capital Outlay Fund to -underwrite`' appropriations for the following purposes No"expenditures .to be made against these appropriations p6nding-'th6 linal outcome of the plan of financing improvements by bond funds. 1) $15,000 - Cameron Park Irrigation. If a swimming pool is built at Cameron Park as part of'the-Borid Program, a substantial portion of this'appro- priation can be released for other purposes. Project 6525. 2) $ 2,000 - Palm View Park. Turf and irrigation Improve- ments in recent addition. (McCall property) Project 6526. 3) $ 3,000 - Tennis court lighting. Complete Edgewood High School or first increment at Cameron Park. Project 6527. 4) $15,000 - Cortez Park (Harbert addition). Irrigation System and turf. Project 6528. 5) $25,000 - Pickering Park. Turf, Irrigation and equip- ment. Project 6529. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to accept the staff report on Capital Expenditures from Unappropriated Budget Reserve and authorize the necessary appropriations as outlined in the report. CIVIC CENTER Police Facility/City Hall Councilman Heath: Mayor Protem Nichols: RECREATION AND PARK PROPOSED BOND City Manager, Mr. Aiassa: 16 WATER FEASIBILITY STUDY Leeds, Hill & Jewett I think these matters should be held over so we can discuss them all at one time. I agree with that. ' We will hold this over. City Manager, Mr. Aiassa: We need a work session with Leeds, Hill &`Jewett to see whether or not we want to go into a.water business. How.about January 27th? -42- • f C, C. 1/11/65 WATER 'FEASIBILITY STUDY - Continued Mayor Pro.Tem Nichols: GARNIER/WHITE LEASE Off-street parking at Cortez Park City Mana er, Mir, Aiassa: Page Forty -Three I think that is fine i.aith all of us. It will be 8:00 P.I!. We have the lease completed so �Te can go ahead and.proceed on that. Moti-;)n by Councilman Heath, seconded by Councilman Krieger, and carried, to authorize the Mayor and the City Clerk to sign the Carni..er./P'hite lease for off-street parking at Cortez nark. TRAFFIC HAZARD North Sunset Avenue Motion by Councilman Krieger, seconded b_v Councilman Meath, and carried, that this matter be referred to the Traffic Cor:unittee for a report. ADJOURNED MEETING Mayor Pro Tem Nichols: City Manager, Mr. Aiassa: BADILLO STREET Could we have a meeting this cor.,irng Wednesday, January 13th to clear up some of the City Manager's items? That is fine with me. tIe will. hold the rest off. It drill be at 7:30 P.r% Councilman Heath: About three taeeks ago I was up at Badillo Street and the County survey crew was out there and they were working under an emergency speed to survey Badillo all the way to Baldwin Park. They said they had that as a top priority rush job. Could you find out what thev have in mind? A.re`they going ahead with the improvements? City I-lanager, Mr. Aiassa: They have to acquire the right- of-way. Maybe that is what they were doing. I will look into this for you. COUNCIL CO1viMITTEE REPORTS JETT BUILDING Councilman Jett: where I propose to put a driveway. They have just put an electric xt right in the middle of -43- C. C. 1/11/65 Page Forty -Four JETT BUILDING - Continued: City Manager, Mr. Aiassa: We will check that out. -if 'it'is your driveway they will have to move it. SECTION 2103 Councilman,,Jett: I would like to have Section 2103 read. Section 2103. AGENDA. All reports, communications, ordinances, resolutions, documents or other matters to be submitted -to the Council, shall be delivered'to-the'City Clerk As far in advance of each Council meeting as time for preparation will-permito The City Clerk and the City Manager shall arrange a list of the,matters to be brought before the Council according to the order of busine§s and furnish each member of the Council, the City Attorney and the City Manager -with a copy o'f the agenda on the afternoon of the Friday preceding the regular Council.meeting. No matter may be considered by the City Council other than those matters on the agenda without the consent of a majority of the City Council'present at the meeting. The City Clerk or City Manager or DepartmentHead involved shall furnish to the Council a written report covering each item of business to be considered by the Council. I am not getting my mail until Sun- day night. City Manager, Mr. Aiassa: They (the Staff) didn't know where to leave it,. They came out Friday but you weren't home. k 1 COUNCIL SEATING Councilman Heath: I would like to find outtiwhere it says the Mayor or who assigns a seat to the Council. City Manager, Mr. Aiassa: I will check that out for you. SIGN ORDINANCE ' Councilman Jett: Regarding the sign ordinance, I have a note from the City Manager asking me to put my complaint in writing. Here is a violation of 4r City code. (Presented photograph and explained same.) The m er a fact that this par- ty happens to be a member of the Planning Commission I don't think he is entitled to any better consideration or treatment than what;a member of this City Council is entitled to. I have a report I received from the Planning Department regarding this matter, which is Appliance City. If there is a violation of the ordinance I think it is the City.Manager's position to take care of whatever is necessary to correct it. Planning Director, Mr. Joseph: The sign on the roof is legal. The reason we said "apparently" is that we had no way of knowing for instance when the signs were put on the buil- ding. They may have been there prior to any sign ordinance going into effect. Signs painted on the building are to be construed as computed into the allowable sign area. Mayor Pro Tem Nichols: willing to get your item as a this Council go home tonight? Councilman Jett: With deferepce to everyone involved here, Councilman Jett would you be priority item on Wednesday night and let All right. -44- C, C, 1/11/65 SIGN ORDINANCE - Continued Page Forty -Five City Manager, Mr. Aiassa: I will put it on the agenda for Wednesday night. DEMANDS Motion by Councilman Krieger, seconded by Councilman Heath, to approve demands totalling $113,960.30 as listed on demand sheets C431 through C433, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Heath, Mayor Pro Tem Nichols Noes: hone Absent: Mayor Snyder There being no further business, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that this meeting be adjourned to Wednesday night, January 13, 1965 at 7:30 P.T11. This meeting was adjourned at .1:15 A.M. ATTEST: CITY CLERK APPROVED o2`5��'w� 'MAYOR